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 February 22, 2007, and the minutes of the joint Cary/Chatham County work session held on February 20, 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-34, Napowsa Property
The property is located at 1404 Holt Road and contains 0.85 acre. The current zoning is Residential-40 (Wake County); the proposed zoning is Residential-20. The Planning and Zoning Board unanimously recommended approval. 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)

b.   Comprehensive Land Amendment 06-CPA-10, Modern Woodmen of America
The property is located at 2009, 2011 and 2013 Piney Plains Road and contains approximately 1.20 acres. The current comprehensive plan designation is High Density Residential; the proposed comprehensive plan designation is Office/Institutional. The Planning and zoning Board unanimously recommended approval. (Approved)

3.   Operations Committee, March 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.   Highcroft Sewer Easement – Recognize Developer Payment (EN07‑079)
Committee unanimously recommended recognizing revenue in the amount of $82,000 and creating new capital project SW1151, Highcroft Sewer Easement. (Approved)

b.   Bid Award for Piney Plains Road Sewer Extension (EN07-080)
Committee unanimously recommended awarding the Piney Plains Sewer Extension Project to J.F. Wilkerson Contracting Company Inc. for $115,586.30. (Approved)

c.   Municipal Agreement – Walnut Street Northbound Lane Addition Project (EN07‑081)
Committee unanimously recommended entering into a municipal agreement between North Carolina Department of Transportation (NCDOT) and the Town of Cary in which NCDOT will reimburse the Town a maximum of $550,000 to be budgeted within the construction account of ST1086 for the addition of a northbound lane on Walnut Street from Dillard Drive to US 1/64.  Committee also recognized that under this agreement the Town of Cary will be responsible for funding the remaining $950,000 in estimated project costs to be funded from the ST1086 US 1/64 and Walnut Interchange project.  As the current balance of this project is only $515,308, committee unanimously recommended approving staff recommendation to transfer $435,000 in unissued 2006 general obligation bond debt from the ST1087 US 1/64 and Cary Parkway Interchange Project to the ST1086 US 1/64 and Walnut Interchange project with the $435,000 being budgeted within the construction account of ST1086. (Approved)

d.   Contract Award – Value Engineering Services for the Western Wake Regional Water Reclamation Facility Project (EN07-084)
Committee unanimously recommended the following:

(1)  An engineering services contract be awarded to HDR for Value Engineering services for the Western Wake Regional Water Reclamation Facility Project with a not-to-exceed value of $292,000, and,

(2)  Creating a new capital project, SW1152, Western Wake Value Engineering to fund this work by transferring $168,776 from the SW1123 contracted services account and $123,224 from the SW1124 contracted services account into the SW1152 contracted services account. (Approved)

e.   Utility Agreement – NCDOT U-4026 A & B (Northern Davis Drive) (EN07-086)
Committee unanimously recommended executing a utility agreement with the North Carolina Department of Transportation (NCDOT) with $685,000 being appropriated from utility capital reserve unrestricted fund balance.  Committee recognized that $125,000 of this appropriation would be placed within the construction account of a newly created sewer capital project to address the relocation of existing sewer lines along Davis Drive and $560,000 of the total appropriation would be placed within the construction account of a newly created water capital project to address the relocation of existing water lines along Davis Drive. (Approved)

f.    Evans Road Widening Project Condemnation Resolution (EN07-087)
Committee unanimously recommended amending the Evans Road Widening Project Condemnation Resolution to reflect a property owner’s name change from Cary United Church of Christ to Cary First Christian Church, Inc. (Approved)

g.   Contract Award – Engineering Services for the Walker Street Extension Project (EN07-088)
Committee unanimously recommended that a preliminary design contract be awarded to URS for $139,169.63 and that following this design effort that the Town is authorized to also award URS the final design contract in the amount of $532,507.04 and, following the final design and approval, that the Town is authorized to further award URS the construction administration contract for the amount of $203,402.50. (Approved)

h.   Annual Turnover Report (HR07-002)
Committee unanimously acknowledged the annual turnover report for the Town of Cary for calendar year 2006. (Approved)

i.    2009-2015 Transportation Improvement Program Requests (PL07-027)
Committee unanimously recommended that Transportation Improvement Program (TIP) requests be submitted to the Capital Area Metropolitan Planning Organization (CAMPO) for the 2009-2015 Metropolitan TIP. (Approved)

j.    Budget Adjustment for NCDOT Funding and Chatham County Use Agreement (PR07-023)
Committee unanimously recommended the following:

(1)  Council approval of staff’s recommendation that the Town manage the construction of the ATT through Chatham County with reimbursement funding provided by the NC Department of Transportation which requires the following:

(a)  Approval of the attached NCDOT /SAFETEA-LU agreement.

(b)  Recognition of $2,191,960 in reimbursement funding to be placed for expenditure in a new capital project account.

(2)  Council authorize staff to enter into an agreement with Chatham County with the general terms as listed below:

(a)  That the Town agrees to maintain the 4.68 mile segment of the ATT through Chatham County for a period of five years. At the end of the 5 year period representatives from Cary and Chatham County will jointly develop a new maintenance plan.

(b)  That Chatham County provides the Town with $60,000 in one-time funding to be used towards development of the Amberly Trailhead Park (PR1095) proposed for a 12 acre site located off New Hope Church Road.  Council recognizes the $60,000 contribution to be placed n the construction account of PR1095 for expenditure.

(c)  That joint use language for use of the Amberly Trail Head Park facilities between Town residents and Chatham County residents is agreed upon by staff. (Approved)

k.   Donation for Kids Together Park (PR07-025)
Committee unanimously recommended recognizing donations totaling $7,274 for appropriation in the Parks and Greenway Renovation Fund FY03 (Project PR1071) to cover the purchase of shade structures at Kids Together Park. (Approved)

l.    Swift Creek Pump Station Expansion Project (PWUT07-016)
Committee unanimously recommended that $638,420 be transferred from utility capital reserve restricted fund balance into Project SW 1041 with $408,181 of this being budgeted within the SW1041 contracted services account and $230,239 being placed within the project’s construction account for expenditures in connection with the Swift Creek Pump Station Expansion Project. (Approved)

m.  Proposal to Allow a Beer Garden at Lazy Daze (PR07-026)
Committee unanimously recommended council authorize staff to develop and implement a full operations plan for the Sister Cities Association to operate a beer garden at the 2007 Lazy Daze Arts & Crafts Festival.  Committee stipulated that staff thoroughly review all available sites in order to ensure the safety and success of the festival. (Approved)

C.   RECOGNITIONS, REPORTS, AND PRESENTATIONS

N/A

D.   PUBLIC HEARINGS

1.   Rezoning 06-REZ-31, Sears Farm Planned Development District Amendment
The property is located at the southeast corner of Davis Drive and High House Road and contains 75.20 acres. The request is to increase office, retail and residential use and modify existing zoning conditions. Council may refer this item to the April 16, 2007 Planning and Zoning Board meeting. (Referred to 5/21/07 Planning and Zoning Board meeting with instructions to P&Z to conduct another public hearing at that meeting)

2.   Comprehensive Plan Amendment 07-CPA-01, Evans Estates Phase 2 Comprehensive Plan Amendment
The property is located at 110, 120 and 160 Anita Way and contains 17.90 acres. The current comprehensive plan designation is medium density residential; the proposed comprehensive plan designation is low density residential. Council may refer this item to the May 21, 2007 Planning and Zoning Board meeting. (Referred to 5/21/07 Planning and Zoning Board meeting)

3.   Rezoning 07-REZ-01, Evans Estates Phase 2
The property is located at 110, 120 and 160 Anita Way and contains 17.90 acres. The current zoning is Residential-40; the proposed zoning is Residential-12. Council may refer this item to the July 16, 2007 Planning and Zoning Board meeting. (Referred to 7/16/07 Planning and Zoning Board 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)

Operations Committee, March 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)

N/A

I.    CLOSED SESSION (note called)

J.   ADJOURNMENT (8:45 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.