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 April 24, 2008; the minutes of the council’s breakfast meeting held on April 18, 2008; and the minutes of the April 22, 2008 work session on the mixed use sketch plan process. (Approved)

b.   Consideration of appointing Assistant Town Manager Ben Shivar as interim deputy town clerk for the time period May 19-22, 2008. (Approved)

c.   Consideration of adoption of certificates of sufficiencies and resolutions calling for public hearings to be conducted on the following citizen-initiated annexations:

(1)  Annexation 08-A-02
Applicants: Mahmoud and Rolla Abdallah
Property address: 3727 Davis Drive
Current Zoning:   Office, Research & Development (ORD)
Acreage:   2.67 plus 0.00 adjacent right of way = 2.67 total deeded acres
Contiguous to Primary Corporate Limits:   Yes 
Existing Use:    Residential Single Family
Proposed Use:  Office Building
Associated case: Site Plan 07-SP-088 (Davis Drive Office Park)
Presenter: Mr. Wayne Nicholas (Approved)

(2)  Annexation 08-A-03
Applicants: Gayle Partin
Property address: 6514 Koppers Road
Current Zoning:   Residential 40 (R-40)
Acreage:   12.73 plus 0.65 adjacent right of way = 13.38 total deeded acres
Contiguous to Primary Corporate Limits:  Yes  
Existing Use:    Vacant
Proposed Use:   Residential Subdivision
Associated Development Plan:   08-SP-020 (Koppers Road Subdivision)
Presenter: Mr. Wayne Nicholas (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)

N/A

3.   Operations Committee, April 30, 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.   Cary Parkway/High House Road Intersection Study (EN08-087)
Committee unanimously recommended appropriation of $50,000 from General Fund fund balance to the Engineering Department’s contracted services account to conduct a study on alternatives to widening the intersection of Cary Parkway and High House Road. (Approved)

b.   Bid Award – Weston Parkway Rehabilitation Project (EN08-088)
Committee unanimously recommended awarding the construction contract for the Weston Parkway Rehabilitation Project to C.C. Mangum Company, LLC for $2,391,504.90.  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)

c.   Right of Way Closing – Yates Store Road (EN08-089)
Committee unanimously recommended approval of a resolution of intent to close a portion of Yates Store Road right of way and to conduct a public hearing on June 12, 2008. (Approved)

d.   Contract Award for Wastewater System Parallel Force Main Project (EN08-090)
Committee unanimously recommended awarding a contract for consulting engineering services for design and construction administration services for the Wastewater System Parallel Force Main Project to The Wooten Company. (Approved)

e.   Belhaven Road Sidewalk Project Condemnation Resolution (EN08-091)
Committee unanimously recommended approval of resolutions authorizing condemnation to secure necessary easements for the Belhaven Road Sidewalk Project. (Approved)

f.    Additional Funding Request for Hawes Tract Collector Road and Water Line (EN08-093)
Committee unanimously recommended approval of a an additional appropriation of $1,210,588 from General Capital Reserve Unrestricted fund balance to the Hawes Collector Road Project to construct the Hawes tract collector road and water line jointly with the Wake County Public School System in accordance with the agreement. (Approved)

g.   Position Classification and Pay Study (HR08-005)
Committee unanimously recommended approval of this year’s Classification and Pay Study recommendations with an effective date of July 1, 2008.  No funding request is required since costs are minimal and would expect to be absorbed in the FY 2009 budget. (Approved)

h.   Amendments to Stop Street Schedules (PD08-018)
Committee unanimously recommended approval of an ordinance amendment adoption to the Town Code Sec. 34-329 (stop streets). (Approved)

i.    Amendments to School Speed Zone Schedules (PD08-019)
Committee unanimously recommended approval of an ordinance amendment adoption to the Town Code Sec. 34-334 (Schedule XIV: Designated School Speed Zones). (Approved)

j.    C-Tran Fare Increases and Door-to-Door Service Charges (PL08-025a)
Committee unanimously recommended conducting a public hearing on May 29, 2008. (Approved)

k.   Long-term Solid Waste Disposal (PWUT08-027)
Committee unanimously recommended approval of an amendment to add the East Wake Transfer Station to the recently executed 2006 Interlocal Solid Waste Management System agreement. (Approved)

l.    Modify Curbside Recycling Collection to Every Other Week using Roll-Out Carts (PWUT08-028)
Committee unanimously recommended approving the appropriation of $3,700,000 from the FY 2008 General Fund fund balance to the General Government capital project entitled "Sanitation and Recycling Truck Replacement" for the purchase of eight automated recycling trucks and approximately thirty-five thousand roll-out carts and the implementation of a more cost-effective recycling program wherein: (1) residents would use a Town-provided blue 65-gallon roll-out cart, (2) recycling would be collected every other week at curbside, (3) carts would be collected with special “automated” trucks requiring only an operator, and (4) townhomes and condominiums would receive curbside service utilizing existing 10- to 18-gallon bins every other week. (Pulled from consent for discussion; see agenda item G.2.)

m.  Animal Sheltering Services (PD08-017)
Committee unanimously recommended tabling this discussion and directed staff to return to the June operations committee with: (1) A progress report from Wake County concerning the development and implementation of a foster program designed to help achieve 100% pre-adoption spay/neuter of companion animals, anticipated to be operational by August 2008, (2) the possibility of a contract extension or other interim opportunities to continue working with the SPCA until Wake County’s foster program is fully implemented and operational, and (3) projected costs associated with any contract delays or changes. (Approved)

C.   RECOGNITIONS, REPORTS, AND PRESENTATIONS 

1.   Presentation of the Honorable Mention Award for the 2006-2007 State Treasurer’s Award for Excellence in Accounting and Financial Management for municipalities with a population greater than 25,000. (Presented) 

2.   Presentation of the Town of Cary Fiscal Year 2009 proposed budget. (Presented)

D.   PUBLIC SPEAKS OUT (see official minutes)

E.   PUBLIC HEARINGS 

1.   BUDGET PUBLIC HEARING
Subject: This public hearing provides an opportunity for the public to comment on the Town of Cary’s Proposed Fiscal Year 2009 Budget, which identifies services and infrastructure projects to be undertaken by the Town from July 1, 2008 through June 30, 2009.
Presenter: Mr. Scott Fogleman
Proposed council action: conduct public hearing; additional public hearings are planned for the May 29 and June 12 council meetings with budget adoption scheduled at the June 26, 2008 council meeting (Conducted)

2.   REZONING 08-REZ-05, Kera Gardens
Location: 917 Reedy Creek Road
Current Zoning: Residential 40 (R-40)
Proposed Zoning: Residential 12 Conditional Use (R-12 CU)
Acreage: 8.0 ±
Presenter: Mrs. Debra Grannan
Proposed council action: council may refer this item to the July 21, 2008 planning and zoning board meeting (Referred to 7/21/08 planning & zoning board meeting)

3.   WALNUT PLACE DEVELOPMENT 

a.   COMPREHENSIVE PLAN AMENDMENT 08-CPA-01
Location: Southeast quadrant of the intersection of Macedonia Road and Walnut Street
Current Land Use Plan: Medium Density Residential (MDR) and High Density Residential (HDR)
Proposed Land Use Plan: Mixed Use (MXD)
Acreage: 7.94 ±
Presenter: Mrs. Anna Readling
Proposed council action: council may refer this item to the July 21, 2008 planning and zoning board meeting (Referred to 7/21/08 planning & zoning board meeting)

b.   MIXED USE SKETCH PLAN 08-MU-001
Location: Southeast quadrant of the intersection of Macedonia Road and Walnut Street
Current Use: Existing Single-Family Residences
Proposed Uses: Office and Commercial Uses
Acreage: 6.97 ±
Presenter: Mr. Kevin Hales
Proposed council action: council may refer this item to the September 15, 2008 planning and zoning board meeting (Referred to 9/15/08 planning & 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)  

1.   REZONING 07-REZ-24, Davis Drive Towns
Location: 6020 Leonard Christian Road; northwest of the Davis Drive and Leonard Christian Road intersection
Current zoning: Office & Institutional Conditional Use (OICU)
Requested zoning: Residential Multi-Family Conditional Use (RMFCU)
Acreage: 16.13 ±
Speaker: Mrs. Debra Grannan and Ms. Kelly Commiskey
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: Voted 4-3 to recommend denial
Recommended Council Action: Council may take action (Approved)

2.   TRANSPORTATION DEVELOPMENT FEE ORDINANCE AMENDMENT
Subject: Consideration of amendments to the Land Development Ordinance pertaining to the transportation development fee section.
Speaker: Mr. Tim Bailey and Ms. Kelly Commiskey
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 report, approval of this Land Development Ordinance amendment by the Cary Town Council will officially adopt the individual 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: Voted 6-1 to recommend approval
Proposed council action: council may take action (Approved)

G.   COMMITTEE REPORTS (discussion items)

Operations Committee, April 30, 2008 (any item pulled from the committee consent agenda for discussion [agenda item B.3.] will be discussed during this portion of the agenda) (Mr. Smith)

1.   FY 2009 Community Development Block Grant (CDBG) Annual Action Plan (PL08-035)
Ms. Robison recused herself from this discussion due to personal affiliation with an agency being considered for funding.  Mr. Smith and Mr. Portman unanimously recommended consideration of the FY 2009 Community Development Block Grant Annual Action Plan and asked for an updated staff report showing clarification on the selection criteria, additional information concerning the White Oak decision, and the funding mechanism for multi-year grants. (Work session will be conducted on 5/13/08)

2.   Modify Curbside Recycling Collection to Every Other Week using Roll-Out Carts (PWUT08-028)
Committee unanimously recommended approving the appropriation of $3,700,000 from the FY 2008 General Fund fund balance to the General Government capital project entitled "Sanitation and Recycling Truck Replacement" for the purchase of eight automated recycling trucks and approximately thirty-five thousand roll-out carts and the implementation of a more cost-effective recycling program wherein: (1) residents would use a Town-provided blue 65-gallon roll-out cart, (2) recycling would be collected every other week at curbside, (3) carts would be collected with special “automated” trucks requiring only an operator, and (4) townhomes and condominiums would receive curbside service utilizing existing 10- to 18-gallon bins every other week. (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 the Issue Advisory Task Force Recommendations. Council may consider adopting the policy authorizing the creation of the Citizen Issue Review Commission (CIRC) and the citizen issue advisory group concept. (Adopted policy)

I.    CLOSED SESSION (not called)

J.   ADJOURNMENT (8:31 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.