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 March 27, 2008; and the minutes of the financial policy work session held on March 25, 2008. (Approved)

b.   Consideration of the following appointments to the Zoning Board of Adjustment: move current alternate Robert Evans into regular member seat for the remainder of the term; appoint Madrica Lowery as regular member; appoint Barry Shuster to fill the alternate position vacated by Mr. Evans; and appoint Charles McDarris as Chair. (Approved)

c.   Consideration of correction and ratification of annexation ordinance 07-A-28 to correct typographical errors in the property owners’ names. (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-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 ±
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: unanimously recommended approval
Speaker: Mrs. Debra Grannan
Suggested council action: council may take action (Approved)

b.   REZONING 07-REZ-37, Cary Park Planned Development Amendment
Location: 3800 Cary Glen Boulevard
Request: PDD Amendment to replace residential use with park, recreation and open space uses
Acreage: 19.69 ±
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: unanimously recommended approval
Speaker: Mrs. Debra Grannan
Proposed council action: council may take action (Approved)

3.   Operations Committee, April 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)

a.   Land Project Adjustments (FN08-06)
Committee unanimously recommended combining balances and resources remaining in the Open Space Utility Fund project and Land Acquisition Parks Project into a newly created general governmental project as follows:

(1)  Appropriation of $261,569 from the Water Projects Fund Fund Balance to be transferred to the Parks Project Fund to cover previous land purchases in the land acquisition account.

(2)  Recognition of $217,760 in PARTF grant funds and appropriating to the open space project within the Water Project Fund to cover previous land purchases in that project.

(3)  Recognition of $62,510 in funds received from the sale of property and appropriating to the Parks Land Acquisition project within the Parks Project Fund to cover previous land purchases in that project.

(4)  Appropriation of $16,985,117 from the Open Space Project in the Water Project Fund and $359,348 from the land acquisition project in the Parks Project Fund (based on the unspent sources listed above. (Approved)

b.   Additional Appropriation to Self-Insurance Fund (FN08-07)
Committee unanimously recommended recognizing $26,650 in small claims revenues and the appropriation of $100,000 from the small claims fund balance for a total appropriation of $126,650 to small claims fund expenditures. (Approved)

c.   Town Center Park PARTF Grant Conversion (PR08-23)
Committee unanimously recommended that staff pursue the conversion of a PARTF grant awarded for the purchase of 1.43 acres in the Town Center Park area to a replacement property in the future neighborhood park site at the corner of Louis Stephens Road and Morrisville Carpenter Road. (Approved)

d.   Budget Adjustment for Skate Cary Park (PR08-25)
Committee unanimously recommended the appropriation of $12,000 in Items for Resale for the Sk8-Cary Park and a corresponding increase in Retail Revenue of $18,000. (Approved)

e.   Chatham County Water Intake Agreement (PWUT08-25)
Committee unanimously recommended approval of Amendment No. 3 of the Water Intake Service Agreement with the Town of Apex and Chatham County. (Approved)

f.    Sale of Rain Barrels (PWUT08-26)
Committee unanimously recommended approval of an appropriation of $61,070 to the Water Conservation Division – Items for Resale for the purchase of rain barrels, with the recognition of offsetting revenues of $60,000 in Miscellaneous Revenue. (Approved)

g.   Litter Enforcement Pilot Program (PD08-016)
Committee unanimously recommended that the Town of Cary Police Department partner with Wake County for their pilot program for litter enforcement.  Committee further recommended that funding of up to $3,000 offered by Wake County be recognized upon submission and placed in the Miscellaneous Revenue account and that $3,000 be added to the police overtime account budget. (Approved)

h.   Sponsorship Policy for Parks, Recreation and Cultural Resources (PR08-24)
Committee unanimously recommended the adoption of the Sponsorship Policy as the basis for a PRCR Sponsorship Program and directed staff to study more fully the consultant’s models to determine the most cost-effective method of implementation and to bring their recommendation back to Town Council. (Approved)

i.    Bid Award and Budget Adjustment Request for a Sprayground at Bartley Park (PR08-26)
Committee unanimously recommended awarding the bid for construction of a sprayground at Bartley Park to Carolina Recreation in the amount of $219,997.18.  This award by Council represents a preliminary determination as to the qualification of the bidder.  No legally binding acceptance of the bid or offer will occur until the Town has executed a written agreement.  Committee further recommended the appropriation of $270,000 from Ritter Park Improvements (PR1060) to the Bartley Park Project (PR1074). (Approved)

j.    Council Staff Retreat Priorities and Action Items (AD08-015)
Committee unanimously recommended accepting this report and the priorities as set out at the retreat and outlined by the manager.  Committee further unanimously recommended to direct staff to come back to council with an outline for a long-term strategic planning/visioning process for the Town that keeps citizens engaged and maintains meaningful communication with the community. (Approved)

C.   RECOGNITIONS, REPORTS, AND PRESENTATIONS

1.   Presentation of a proclamation designating April 16, 2008 as Healthcare Decisions Day in the Town of Cary. (Presented)

2.   Presentation of a proclamation designating April 2008 as Donate Life Month in the Town of Cary. (Presented)

3.   Recognition of Le Touquet visiting culinary arts students. (Recognized)

4.    Report on the results of the 2008 Biennial Survey. (Presented)

D.   PUBLIC SPEAKS OUT (no one spoke)

E.   PUBLIC HEARINGS 

1.   REZONING 08-REZ-04, HATLEY REZONING
Location: 805 Rochelle Road and 1139 Evans Road
Current Zoning: Residential 40 (R-40)
Proposed Zoning: Transitional Residential Conditional Use (TR-CU)
Acreage: 10.00 ±
Speaker: Mrs. Debra Grannan
Proposed council action: council may refer to the June 16, 2008 planning and zoning board meeting (Referred to the 6/16/2008 planning and zoning board meeting)

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, April 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)

1.   U.S. Mayors Climate Protection Agreement (AD08-012)
Committee was divided on whether or not Cary should become a signatory to the U.S. Mayors Climate Protection Agreement.  Ms. Robison was in favor stating that it shows that the U.S. holds itself accountable on a global level, adding that it could be employed by the Town selectively to change the way energy is used.  Mr. Frantz observed that many of the measures are already in place, and added that he supported making changes but does not support the Kyoto Protocol, which the Mayor’s Climate Protection Agreement fully supports.  Mr. Smith agreed that the Town is already taking the initiative in reducing greenhouse gas emissions, but did not think it necessary that the Town pursue legislation regarding the agreement. (Approved)

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 2008 Town of Cary State Legislative Agenda. (Approved)

2.   IMPACT FEES  

a.   Consideration of a proposal to adjust impact fees to 75% of their maximum levels with future small annual increases. Council may take action. (Approved increasing water and sewer fees to 75% of their maximum levels; approved maintaining transportation development fees at current level [no increase]; approved tabling the potable water irrigation fee issue indefinitely to give council the opportunity to review council policies and vision [no increase]; and approved establishing a reclaimed water irrigation meter fee to be 50% of the fee for potable irrigation meters)

b.   Consideration of forwarding amendments to the Land Development Ordinance pertaining to the transportation development fee section to the April 28, 2008 planning and zoning board. (Referred to the 4/28/2008 planning and zoning board meeting) 

3.   Proposal from Mayor Weinbrecht and Mayor Pro Tem Robison for a Town of Cary environmental board. (Approved)

I.    CLOSED SESSION (called)

J.   ADJOURNMENT (8:43 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.