A.   COMMENCEMENT

1.    Call to Order (Provided)

2.    Ceremonial Opening (Provided)

3.   Adoption of agenda (Approved with the addition of agenda item B.1.e., to call for a public hearing to be conducted on February 28th, 2008 to consider entering into an economic development incentive contract with a specific company for expansion in Cary.)

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 24, 2008 and the 2008 council/staff retreat minutes. (Approved)

b.   Consideration of ratifying Land Development Ordinance amendment language pertaining to anti-monotony and garagescapes. (Approved)

c.   Consideration of approval of the December 2007 and January 2008 tax report. (Approved)  

d.   Consideration of awarding a contract to Hazen and Sawyer for professional engineering services related to the South Cary Water Reclamation Facility Odor Identification and Abatement Study project with a not-to-exceed value of $74,290. This request includes a transfer of $74,290 from Utility Capital Reserve Unrestricted Fund Balance to the contracted services account in SW1112 to fund this study. (Approved) 

e.   Consideration of a request to to call for a public hearing to be conducted on February 28th, 2008 to consider entering into an economic development incentive contract with a specific company for expansion in Cary. (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.   COMPREHENSIVE PLAN AMENDMENT 07-CPA-09, Davis Drive Towns
Location: 6020 Leonard Christian Road; northwest of the Davis Drive and Leonard Christian Road intersection
Current Land Use: Low Density Residential 
Proposed Land Use: Medium Density Residential 
Acreage: 16.13±
Planning and Zoning Board recommendation: unanimous to approve
Speaker: Mrs. Meredith Chandler
Proposed council action: council may take action (Approved)

b.   REZONING 07-REZ-26, Parkway Planned Development District (PDD) Amendment
Location: Southeast of Laura Duncan Road and Carostone Court intersection
Current zoning: Planned Development District (PDD)
Requested zoning: PDD Amendment to allow a buffer reduction from 50' to 30' along the southern boundary of PDD parcel R-11
Acreage: 1.71 ±
Planning and Zoning Board recommendation: unanimous to approve
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.
Speaker: Ms. Jennifer Currin
Proposed council action: council may take action (Approved) 

c.   SUBDIVISION PLAN 07-SB-012, Saxonbury Singh
Location: north of Green Level West Road and west of Green Level Church Road
Request: The subdivision will consist of 44 single-family lots on approximately 19.28 acres. The applicant is proposing to develop the property utilizing the density bonus option of the Conservation Residential Overlay District.
Planning and Zoning Board recommendation: unanimous to approve
Speaker: Mr. Bob Benfield
Proposed council action: council may take action (Approved)

3.   Operations Committee, February 7, 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) (Mr. Smith)

a.   Policy and Standard Procedure for Dynamic Message Signs (EN08-072)
Committee unanimously recommended approval of the proposed Dynamic Message Sign policy. (Approved)

b.   Sale of Property at 2009 Piney Plains Road (EN08-075)
Committee unanimously recommended authorizing the sale of this property by adoption of the attached resolution and accepting this bid in the amount of $84,000 as the purchase price of the property. (Approved)

c.   Contract Award - Professional Services for the Holly Brook Pump Station Elimination Project (EN08-076)
Committee unanimously recommended awarding a contract for design and construction phase services for the Holly Brook Pump Station Elimination Project to Green Engineering for professional engineering design and construction administration services with a not-to-exceed value of $175,030.  This award by Council represents a preliminary determination as to the qualifications of the bidder and no legally binding acceptance of this award occurs until the Town has executed a written agreement. (Approved)

d.   NC Alcoholic Beverage Commission Resolution (PD08-015)
Committee unanimously recommended the approval of a resolution designating the Chief of Police of the Town of Cary , County of Wake , as the designated official to notify the North Carolina Alcoholic Beverage Commission regarding the suitability of persons and locations for ABC permits within its jurisdictions. (Approved)

e.   Alexan Panther Creek Apartments Public Art Project (PR08-018)
Committee unanimously recommended that Council accept the design for the multi-use trail (sidewalk) and the development of a ten-year warranty agreement with the developer, Trammell Crow Residential. (Approved)

f.    Fluorescent Lamp Recycling (PWUT08-018)
Committee unanimously recommended that this item be tabled and requested that staff provide additional information at the March Operations Committee meeting. (Approved to table)

g.   Approval of Amendment No. 3 to Interlocal Agreement for Western Wake Regional Wastewater Management Facilities (PWUT08-019)
Committee unanimously recommended that Council approve Amendment No. 3 to the Interlocal Agreement for Design, Construction, Ownership, Management and Operation of Western Wake Regional Wastewater Management Facilities with the understanding that the concurrent review of this amendment by other Partners may initiate some minor changes.

Additionally, committee further recommended that Council approve the appropriation of $10,000 to be reimbursed by the Town of Holly Springs to the SW1109 Permitting project, and $818,300 to be reimbursed by the Town of Holly Springs to the SW1124 WWRWMF - New Water Reclamation Facility Pump Station and Force Main project, with $10,000 of the funds to be budgeted within the contracted services account of SW1109 for permitting, $63,300 of the funds to be budgeted within the contracted services account of SW1124, and the remaining $755,000 to be budgeted within the construction line item of SW1124. (Approved)

h.   Bid Award - Walnut Street Lane Widening Project (EN08-074)
Committee unanimously recommended awarding the construction contract for the Walnut Street Widening Project to Raleigh Paving for $649,911.30. 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)

i.    Funding Allocation for Greenways (PR08-020)
Committee unanimously recommended appropriation of funds received through a SAFETEA-LU grant to be transferred from the General Capital Reserve - Unrestricted fund balance to the following capital improvement projects:

(1)  $920,000 to a new PRCR capital project (Higgins Greenway) for the purpose of designing and constructing a 1.0-mile segment of the Higgins Greenway;

(2)  $75,000 to PR1073 (US 1/64 Pedestrian Bridge and Greenway Project) for the construction of a .21-mile segment of the greenway trail;

(3)  $125,000 to PR1118 (NC 55 Trail Connection to Batchelor Br Greenway Project) for the construction of a .21-mile segment of multi-use trail along the east side of NC 55;

(4)  $75,000 to a new PRCR capital project (Swift Creek Greenway) for the design of a trail segment to link Swift Creek and Symphony Lake Greenways; and,

(5)  the remaining funds of the original $1,374,400 towards the FY 2009 capital improvement budget.

                 Mr. Smith indicated that we have bigger issues that need to be addressed at budget time on our
                 priorities with Parks and Recreation. (Approved)

C.   RECOGNITIONS, REPORTS, AND PRESENTATIONS  

1.   Recognition of the Town of Cary for receiving the N.C. Department of Environment and Natural Resources' Local Erosion and Sediment Control Program Award. (Recognized)  

D.   OLD/ NEW BUSINESS (PART 1)

1.   Request by council member Robinson and co-sponsored by council member Frantz for council to consider hosting a roundtable discussion for Wake County municipal leaders to discuss school assignment policies. (Approved; see official minutes for action plan)

E.   PUBLIC SPEAKS OUT (see official minutes)

F.   PUBLIC HEARINGS