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 22, 2007 and the minutes of the 2007 council/staff retreat. (Approved)

b.   Consideration of approval of the March 2007 tax report. (Approved)

c.   Consideration of adoption of an amended resolution and budget adjustment to recognize a NCDOT SAFETEA-LU Cost Reimbursement award and Chatham County Use Agreement for the construction of a segment of the American Tobacco Trail. (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-32, Oxxford Hunt Planned Development District (PDD) Amendment
Location: 1206 W. Chatham Street
Current zoning: Planned Development District (PDD)
Requested zoning: PDD Amendment to allow a nursing home or assisted living facility
Acreage: 3.68 +
Presenter: Mr. Dan Matthys
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: Unanimous approval
Recommended Council Action: Council may take final action. (Approved)

3.   Operations Committee, April 5, 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.   Recognition of Developer Funding for Tryon Village (EN07‑093)
Committee unanimously recommended recognition of a $48,840 payment from the Tryon Village developers and appropriation of said funds to the Public Works Operations Operating Budget. (Approved)

b.   Right of Way Closure Request (EN07-094)
Committee unanimously recommended approving a resolution of intent directing Orleans Homebuilders, Inc., to close a portion of the right of way of Yates Store Road and scheduling a public hearing for June 14, 2007. (Approved)

c.   Columbia Avenue Petition for Sewer Service (EN07-095)
Committee unanimously recommended approving the petition submitted by Columbia Avenue residents requesting municipal sewer service and further recommended including the Columbia Avenue sewer extension as part of the Woodland Drive Sewer Extension Project. (Approved)

d.   Geotechnical and Construction Materials Testing and Engineering Inspection Services for the SW Maynard Road Project (EN07-096)
Committee unanimously recommended that a contract be awarded to URS Corporation for $97,197 representing a preliminary determination as to the qualifications of this consulting firm with no legally binding acceptance of this award occurs until the Town has executed a written agreement. (Approved)

e.   Kildaire Farm Road Widening Project Condemnation Resolutions
(EN07-097)
Committee unanimously recommended approval and execution of condemnation resolutions related to securing necessary right of way and easements for the Kildaire Farm Road Widening Project. (Approved)

f.    2007 Street Improvements Project - Priority List (EN07-098)
Committee unanimously recommended approval of the attached list of streets for the 2007 Street Improvements Project. (Approved)

g.   Terrington Pump Station and Force Main Project Condemnation Resolutions (EN07-100)
Committee unanimously recommended approval and execution of condemnation resolutions to secure necessary easements for the Terrington Pump Station and Force Main Project. (Approved)

h.   Bid Award – Terrington Sewage Pump Station, Contract 1 (EN07-101)
Committee unanimously recommended that funds be transferred to SW1126 in order to be able to complete both Contracts 1 and 2, and that Seaside Environmental Constructors, Inc. be awarded the contract for Terrington Sewage Pump Station, Contract 1, for $662,069. Committee further recommended approval of the appropriation of $580,000 in utility capital reserve sewer restricted fund balance to the SW1126 Terrington Pump Station project as follows within the expenditure accounts of SW 1126:  $214,932 to the construction account; $135,068 to the contracted services account; $105,000 to the land acquisition account; $125,000 to the severance damages account. (Approved)

i.    Wake County Emergency Operations Plan (FD07-05)
Committee unanimously recommended endorsement of the revised Wake County Emergency Operations Plan. (Approved)

j.    Workers’ Compensation Program Results Report (HR07-03)
Committee recognized highlights of a recent report compiled by the Town's current workers' compensation program reinsurance carrier, Midwest Employers Casualty Company. (Approved)

k.   Recognition of Federal and State Funds (PD07-015)
Committee unanimously recommended recognition of funds received through the Federal Equitable Sharing Program and the North Carolina Substance Tax Program and the authorization of Police related expenditures in the amount of $26,000 as follows:  1) Recognize $12,700 in Federal Funding received from the Federal Equitable Sharing program and $13,300 in State Funding received from the North Carolina Substance Tax program; 2) Appropriate $21,000 to the Police Department’s Small Equipment account which will allow for the purchase of the recommended equipment; and, 3) Appropriate $5,000 to the Police Department’s Contracted Services account as reimbursement of funds already expended for the “Awareness” program. (Approved)

l.    Development Fee Update for Transportation, Water and Sewer (AD07‑007)
Committee unanimously recommended a review of the Town’s water, sewer and transportation development fee systems and the appropriation of $100,000 from general fund balance to the Budget Office’s contracted services account. (Approved)

m.  US1/64 Landscaping Plan (EN07-092)
Committee unanimously recommended entering into a Municipal Agreement with NCDOT to include enhanced landscaping along the US1/64 widening project. (Pulled from consent for discussion -- see committee discussion items)

n.   Selection of Design Team for the Renovation of Old Cary Elementary (PR07-27)
Committee unanimously recommended entering into a contract with Clearscapes for the renovation of Old Cary Elementary into a cultural arts community center at a fee of $843,875 and incorporating public art into this project, utilizing $30,000 of funds appropriated to the PR1109 TCAP – Cary Elementary Renovation project to hire an artist that will work with the design team to develop concepts for the integration of public art into the renovation of Old Cary Elementary. (Approved)

C.   RECOGNITIONS, REPORTS, AND PRESENTATIONS

1.   Recognition of culinary students from Cary’s sister city, Le Touquet, France. (Recognized) 

2.   Report on the settlement of Richard I. Duley v. Town of Cary, et al.  No council action is necessary.  (Reported)

D.   PUBLIC HEARINGS 

1.   Comprehensive Plan Amendment 07-CPA-02, Chapel Hill Road
Location: 7331 (portion) and 7425 Chapel Hill Road; southeast quadrant of Chapel Hill Road and Trinity Road intersection
Current Comprehensive Plan: Office/Industrial (OFC/IND), Office/Institutional (OFC/INS), and Commercial (COM)
Proposed Comprehensive Plan: Commercial (COM) and Office/Industrial (OFC/IND)
Acreage: 3.1 ±
Presenter: Ms. Meredith Chandler
Recommended Council Action: Refer to the June 18, 2007 Planning and Zoning Board meeting 
Council Action: Referred to the June 18, 2007 Planning and Zoning Board meeting

2.   Rezoning 07-REZ-03, Chapel Hill Road Planned Development District (PDD) Amendment
Location: 7331 (portion) and 7425 Chapel Hill Road; southeast quadrant of Chapel Hill Road and Trinity Road intersection
Current zoning: Industrial & Planned Development District (PDD)
Requested zoning: Planned Development District (PDD) Amendment – to add land and change uses
Acreage: 3.1 ±
Presenter: Ms. Jennifer Currin
Recommended Council Action: Refer to the August 20, 2007 Planning and Zoning Board meeting 
Council Action: Referred to the August 20, 2007 Planning and Zoning Board meeting

3.   Rezoning 07-REZ-04, Wrenn Property
Location: 1504 Yates Store Road
Current zoning: Residential 40 (R-40)
Requested zoning: Residential 12 Conditional Use (R-12 CU)
Acreage: 18.732 ±
Presenter: Ms. Jennifer Currin
Recommended Council Action: Refer to the June 18, 2007 Planning and Zoning Board meeting
Council Action: Referred to the June 18, 2007 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, April 5, 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)  

1.   US1/64 Landscaping Plan (EN07-092)
Committee unanimously recommended entering into a Municipal Agreement with NCDOT to include enhanced landscaping along the US1/64 widening project. (Approved entering into agreement; staff will bring additional options to council for future consideration)

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 a resolution to extend the stay on annexations within Chatham County and adoption of a revised project schedule for the Chatham-Cary joint land use plan. Council may take action. (Approved)

I.    CLOSED SESSION (called)

J.   ADJOURNMENT (8:01 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.