A.   COMMENCEMENT

1.    Call to Order (Provided)

2.    Ceremonial Opening (Provided)

3.   Adoption of agenda (Adopted, with the addition of discussion of the council vacancy added under old/new business)

B.   CONSENT AGENDA

CONSENT AGENDA items are items unanimously recommended for approval by all involved parties. The agenda has three distinct consent agenda: (1) the regular consent agenda contains standard items that go directly to council in which staff unanimously recommends approval; (2) the land development consent agenda contains items that have been unanimously approved by Town board(s)/commission(s) who have a role in the development process and staff and only require a simple majority vote; and (3) the operations committee consent agenda contains items that have been unanimously approved by the appropriate council committee and staff. A single vote may be taken for the approval of ALL consent agenda items.

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 25, 2007 and the minutes of the work session on “Round 8” Land Development Ordinance amendments held on January 23, 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 06-REZ-24, Cameron Pond Planned Development District Amendment
Consideration of an adoption of an ordinance to rezone land. The property is located on Carpenter Fire Station Road near Buxton Grant Road, and contains .83 acre. The request is to amend the current planned development district to allow for an additional four lots. The Planning and Zoning Board recommended unanimous approval of this request. 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. (Approved)

3.   Operations Committee, February 1, 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) (Mrs. Robinson)

a.   Churchill Estates Sanitary Sewer – Recognize Developer Payment (EN07‑071)
Committee unanimously recommended recognizing revenue in the amount of $41,050 in conjunction with the Churchill Estates Sanitary Sewer Extension Project. (Approved)

b.   Real Estate Purchase for Barnes & Noble BMP (EN07-073)
Committee unanimously recommended transferring $90,000 from Project GG1067 (Storm Drainage Project – Private Assistance) to Project GG1074 (Innovative Wet Pond – Barnes & Noble Plaza) for appropriation to the land acquisition account to cover the additional costs related to purchasing the property required for the BMP to be placed in the vicinity of the Barnes & Noble Plaza. (Approved)

c.   Bid Award for Gatehouse Drive and Olary Drive Drainage Improvements (EN07-074)
Committee unanimously recommended that council award McQueen Construction Company a contract for the Gatehouse Drive and Olary Drive Drainage Improvements for $372,014 funded from Project GG1068. (Approved)

d.   Bid Award for the Walnut Creek Stream Restoration Design (EN07-075)
Committee unanimously recommended that council award the firm of Kimley-Horn a contract for $175,000 to design the Walnut Creek stream restoration project. (Approved)

e.   Bid Award for Weston Parkway Rehabilitation (EN07-076)
Committee unanimously recommended awarding the bid for construction of the Weston Parkway Rehabilitation (ST1159) to Eastern Services, LLC for $992,930.50.  This award by Council represents a preliminary determination as to the qualifications of this bidder and no legally binding acceptance of this award occurs until the Town has executed a written agreement. (Approved)

f.    Bid Award for South Cary Water Reclamation Facility Digester Addition Project (EN07-077)
Committee unanimously recommended awarding the construction contract for the SCWRF Digester Project to Thamer Construction at the contract price of $2,372,000.  This award (by Council) would represent 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.  The committee further unanimously recommended appropriating $956,213 from sewer development fee fund balance within the utility capital reserve fund to capital project SW1081 for construction of the SCWRF Digester Addition Project to be budgeted within the construction and contracted services accounts of SW1081; transferring $921,213 from sewer development fee fund balance within the utility capital reserve fund to the construction account of SW1081 to cover the current construction funding deficit and providing a contingency balance of 5% of the construction amount; and transferring approximately $35,000 from the sewer development fee fund balance within the utility capital reserve fund to the contracted services account of SW1081 to fund engineering testing and construction observation services. (Approved)

g.   Special Audit Reports (FN07-003)
Committee unanimously recommended that council minutes reflect the presentation of special auditor reports for the year ended June 30, 2006. (Approved)

h.   Authorized Banking Signatures (FN07-005)
Committee unanimously recommended council adopt the proposed resolution designating positions authorized to manage Town funds. (Approved)

i.    Amendments to Schedules (PD07-012)
Committee unanimously recommended that council approve the adoption of an ordinance amendment to the Town Code Sec. 34-329 (stop streets). (Approved)

j.    Recognize Federal Grant Award for Police “In Car” Video Equipment (PD07-013)
Committee unanimously recommended that council recognize funds in the amount of $98,723 awarded by the Federal Department of Justice for a 2006 COPS Technology Grant and authorize that these funds be used for police-related expenditures for a server and eight “in-car” video cameras; approve the reduction of $107 in the police department supply account budget which, in conjunction with the $98,723 grant amount, will help fund the total purchase amount of $98,830; and, approve the appropriation of $98,830 to the police department’s capital equipment account to fund the server upgrade and purchase of eight camera systems. (Approved)

k.   Budget Adjustment: Department of Transportation Enhancement Funds for Black Creek Greenway, Phase IV (PR07-016)
Committee unanimously recommended council recognize the award of $1,374,400 on a reimbursement basis from the North Carolina Department of Transportation SAFETEA-LU Program for the construction of the next phase of the Black Creek Greenway; approve the redirection of $1,374,400 from PR1050 to General Capital Reserve Unrestricted Fund Balance where these funds would later be available for appropriation to greenway needs to be identified as part of the FY 2008 capital improvements budget; and adopt a resolution approving the Municipal Agreement between the Town of Cary and the Department of Transportation, which provides funding for the construction of the Black Creek Greenway, Ph. IV. (Approved)

l.    Bid Award for Development of a Comprehensive Sign Plan (PR07-019)
Committee unanimously recommended that Lose & Associates, Inc. be awarded the contract to develop a comprehensive Sign Plan for the Town of Cary Parks, Greenways and Special Use Facilities for $90,000. (Approved)

m.  Adoption of Public Records Policy (TC07-004)
Committee unanimously recommended that council adopt the public records policy as detailed in the staff report. (Approved)

n.   Annual Report on Boards and Commissions Activities and Council Liaison Activities for Outside Organizations (TC07-005)
Committee unanimously recommended the Boards and Commissions annual report be entered into the official council records. (Approved)

o.   Traffic Signal Aesthetic Issues (EN07-067)
Committee unanimously recommended replacing 70 electrical meter bases and disconnects with the newer, more modular types integrated in self-contained metal units and located at a consistent height and alongside the corresponding signal cabinet at an estimated cost of $49,000, funding these improvements from ST1143 (FY06 Traffic Signalization) construction account.  Committee members further recommended that staff develop a Town Policy to come back to the Operations Committee. Council direction to guide the policy include: 1) Pole standards that would apply to areas of Town such as TCAP (Town Center Area Plan), SWAP (Southwest Area Plan), and key corridors or intersections; 2) Landscape screening instead of painting control cabinets; 3) Consolidation of visual clutter, one example was including street lights with traffic poles instead of having two separate poles; 4) Do not include painting of poles; 5) When development signage features exist, placement of poles and cabinets behind or beside those signs instead of in front; 5) Consider and report back on the level of authority to regulate private utilities for size, frequency and location of above ground structures; and, 6) Consider adding an agenda item to the retreat to consider capital project to enhance appearance of key intersections. The Retreat Committee and Town Manager agreed to bring item (6) forward through the committee process. (Approved)

C.   RECOGNITIONS, REPORTS, AND PRESENTATIONS

1.   Report on the settlement of Town of Cary v. Alphus T. Seymour, III, ETAL. No council action is necessary. (Reported)

D.   PUBLIC HEARINGS

1.   06-REZ-40, Stephens Road property rezoning
The property is located at 2109 and 2201 Stephens Road and contains 12.99 acres. The current zoning is Residential-40; the proposed zoning is Transitional Residential Conditional Use. Council may forward this item to the April 16, 2007 Planning and Zoning Board meeting. (Referred to 4/16/07 P&Z meeting)

2.   Ordinance Amendment
Consideration of an amendment to the Town Code to reduce the number of extra-territorial jurisdiction members on the Planning and Zoning Board. Council may take action. (Approved)

3.   Budget Public Hearing
This public hearing provides an opportunity for the public to share their priorities for the Town of Cary’s Fiscal Year 2008 Annual Budget, which will identify services and infrastructure projects to be undertaken by the Town from July 1, 2007 through June 30, 2008. No council action is required; another budget public hearing will be conducted at the February 22, 2007 council meeting and a public hearing on the proposed budget will be held during each council meeting in May. (Conducted)

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. This item was removed from the January 25, 2007 agenda at the applicant’s request and rescheduled for the February 8, 2007 meeting. The majority of the Planning and Zoning Board recommended approval of this rezoning. The valid protest petition has been withdrawn. Council may take action. (Approved)

G.   COMMITTEE REPORTS (discussion items)

Operations Committee, February 1, 2007 (any item pulled from the committee consent agenda for discussion [agenda item B.3.] will be discussed during this portion of the agenda) (Mrs. Robinson)

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.  Discussion of the council vacancy. (Appointed Erv Portman)

I.    CLOSED SESSION (called)

J.   ADJOURNMENT (9:06 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.