A.   COMMENCEMENT

1.    Call to Order (Provided)

2.    Ceremonial Opening (Provided)

3.   Adoption of agenda (Adopted)

B.   CONSENT AGENDA

CONSENT AGENDA items are items unanimously recommended for approval by all involved parties. The agenda has four distinct consent agenda: (1) the regular consent agenda contains standard items that go directly to council in which staff unanimously recommends approval; (2) the land development consent agenda contains items that have been unanimously approved by Town board(s)/commission(s) who have a role in the development process and staff and only require a simple majority vote; and (3) the operations committee consent agenda contains items that have been unanimously approved by the appropriate council committee and staff. A single vote may be taken for the approval of ALL consent agenda items.

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 26, 2007 and the minutes of the work session held on April 24, 2007 regarding Western Wake Regional Wastewater Management Facilities. (Approved) 

b.   Consideration of adoption of an order authorizing the issuance and sale by the Town of not to exceed $44,500,000 combined enterprise system revenue and revenue refunding bonds, series 2007, and authorizing the execution and delivery of certain documents in connection therewith. (Approved) 

c.   Consideration of appointing Stewart Dickinson to the economic development commission to fill an unexpired term. (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-27, Modern Woodmen of America
Location: 2011 and 2013 Piney Plains Road
Current zoning: Residential-20
Requested zoning: Office and Institutional Conditional Use
Acreage: approximately 0.97 acre
Presenter: Mr. Bob Benfield
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 recommendation to approve
Recommended Council Action: Council may take final action. (Approved)

b.   Rezoning 06-REZ-29, Waverly
Location: southeast corner of Kildaire Farm and Tryon Roads
Current zoning: General Commercial Conditional Use, Waverly Place Mixed Use Overlay District, and Swift Creek Watershed Overlay District
Request: to amend the zoning conditions for Tracts 3, 5, 6, 8, 9, 10, 11, 12 and 13 regarding permitted uses and other development standards
Acreage: approximately 31.88 acres
Presenter: Mr. Greg Barnes
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 recommendation to approve
Recommended Council Action: Council may take final action. (Approved)

c.   Mixed Use Sketch Plan 06-MU-05, Waverly
Location: southeast quadrant of the intersection of Kildaire Farm and Tryon Roads
Request: a mixture of office, retail, hotel and residential uses
Acreage: approximately 31.88 acres
Presenter: Mr. Greg Barnes
Planning and Zoning Board Recommendation: Unanimous recommendation to approve
Recommended Council Action: Council may take final action. (Approved)

3.   Operations Committee, May 3, 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.   2007 Cary Candidate Forum(s) (AD07-008)
Committee unanimously recommended authorizing staff to move forward with the 2007 Cary Community Forum(s) using the format detailed herein; appointing the NC Center for Voter Education as the forum manager; and approving the $12,000 funding request for the project as outlined in the FY08 proposed operating budget. (Removed from consent for discussion)

b.   Kumar Court Right of Way Closing (EN07-099)
Committee unanimously recommended scheduling a public hearing on June 28, 2007 regarding closing a portion of right of way on Kumar Court. (Approved)

c.   North West Street Right of Way Closing (EN07-102)
Committee unanimously recommended scheduling a public hearing on June 28, 2007 regarding closing a portion of right of way on North West Street. (Approved)

d.   Green Level Church Road Right of Way Closing (EN07-107)
Committee unanimously recommended adopting a resolution to indicate concurrence with closing a portion of NCDOT right of way on a section of Green Level Church. (Approved)

e.   Condemnation Resolution – Highcroft Village Sewer Extension (EN07-108)
Committee unanimously recommended adoption of a condemnation resolution for the Highcroft Village Sewer Extension. (Approved)

f.    Bid Award for Evans Road Widening (EN07-109)
Committee unanimously recommended awarding a construction contract for the Evans Road Widening Project to Narron Contracting, Inc. for $2,916,180.  This award by council represents a preliminary determination as to the qualifications of this bidder with no legally binding acceptance until the Town has executed a written agreement.  It was further recommended that an additional $2,300,000 in 2003 general obligation bond – transportation debt be appropriated to the ST1075 Evans Road Widening project to be budgeted as follows within ST1075 for expenditure:  $1,800,000 in the construction account, $250,000 in the land/site acquisition account, and $250,000 in the severance damages account, bringing the total
project budget for ST1075 to $6,355,000. (Approved)

g.   Western Wake Effluent Pipeline Design for 2030 Flow Capacity (EN07-110)
Committee unanimously recommended approval of an amendment to the Agreement revising the Western Wake Effluent Pipeline and Outfall pro-rata shares and capacities based on 2030 flows. (Approved)

h.   Triangle Area Water Supply Monitoring Project Phase VI (PWUT07-20)
Committee unanimously recommended entering into an agreement to participate in Phase VI of the Triangle Area Water Supply Monitoring Project. (Approved)

i.    New Financial Reporting Requirements Related to Other Post-Employment Benefits (OPEB) (FN07-08)
Committee unanimously acknowledged update from staff regarding new requirements imposed by the Governmental Accounting Standards Board and the current implementation status within the Town with the understanding that as new information is gathered over the next year and various options are researched further updates will be received from staff. (Approved)

j.    Position Classification and Pay Study (HR07-04)
Committee unanimously recommended approval of this year’s Classification and Pay Study recommendations with funds to be appropriated in the FY2008 budget for an effective date of July 1, 2007. (Approved)

k.   Budget Adjustment for the C-Tran Program (PL07-031)
Committee unanimously recommended that Council recognize additional FY2007 grant revenues in the amount of $339,006 and that Council increase the C-Tran contracted services account budget authority by $160,000 and the fuel account by $110,000 for FY2007. (Approved)

l.    Update of Operation and Maintenance Activities Assessment (PWUT07-18)
Committee unanimously recommended that Council accept staff’s update of the proposed actions into its official record. (Approved)

m.  Water Shortage Response Plan and Water Use Reduction Measures Amendments (PWUT07-19)
Committee unanimously recommended adoption of the revised Water Shortage Response Plan, deletion of Policy Statement 127, and approval of amendments to the Town of Cary Code of Ordinances Chapter 36, Utilities, Section 36-80, 36-81 and 36-84. (Approved)

C.   RECOGNITIONS, REPORTS, AND PRESENTATIONS 

1.   Presentation of a proclamation to Denny Edwards, President and CEO of the Greater Raleigh Convention and Visitors Bureau, designating May 12-20, 2007 as Tourism Week in Cary. (Presented) 

2.   Presentation of the proposed Fiscal Year 2008 Capital and Operating Budget documents. The manager will officially present the proposed budget documents; no council action is required. A public hearing will be conducted on May 24, 2007 and June 14, 2007. (Presented)

D.   PUBLIC HEARINGS 

1.   REZONING 07-REZ-07, Gaglione Property
Location: 2533 O’Kelly Chapel Road
Current zoning: Residential 40 Chatham (RA-40 C)
Requested zoning: Residential (R40)
Acreage: 1.85 ±
Presenter: Mrs. Debra Grannan
Recommended Council Action: Refer to May 21, 2007 Planning and Zoning Board meeting (Referred to 5/21/07 P&Z meeting)

2.   MIXED USE SKETCH PLAN, 07-MU-02, Tryon Village MUSP Amendment
Location: West side of Walnut Street south of Centrum at Crossroads
Current zoning: Residential-40 (R-40) in the Swift Creek Overlay District
Request: Amend MUSP to add Office/Warehouse uses
Acreage: 2.79 ±
Presenter: Ms. Jennifer Currin
Recommended Council Action: Refer to August 20, 2007 Planning and Zoning Board meeting (Referred to 8/20/07 P&Z 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)  

1.   Rezoning 06-REZ-40, Stephens Road property rezoning
Location: 2109 and 2201 Stephens Road
Current zoning: Residential-40
Proposed zoning: Transitional Residential Conditional Use
Acreage: 12.99 acres
Presenter: Mrs. Debra Grannan
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 recommendation to approve
Recommended Council Action: Council may take final action. There is a valid protest petition on this case; six affirmative votes are required to approve this item. (Approved)

G.   COMMITTEE REPORTS (discussion items)

Operations Committee, May 3, 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.   2007 Cary Candidate Forum(s) (AD07-008)
Committee unanimously recommended authorizing staff to move forward with the 2007 Cary Community Forum(s) using the format detailed herein; appointing the NC Center for Voter Education as the forum manager; and approving the $12,000 funding request for the project as outlined in the FY08 proposed operating budget. (Approved)

2.   Extension of Banking Services with Wachovia (FN07-07)
Ms. Dorrel asked that this item be forwarded for discussion by full council to allow her the opportunity to recuse herself from voting on this item due to a potential conflict of interest. Council may take action. (Approved)

3.   Update on Cross Connection Control Program (PWUT07-21)
Committee unanimously recognized staff’s update on the purpose, status and recent lessons learned concerning the Cross Connection Control Program and asked that staff research inspection procedures of other local governments and bring a recommendation back to the Operations Committee.  Committee also felt staff would benefit from any input resulting from discussion by full council. No council action is required. (No action required))

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 (not called)

J.   ADJOURNMENT (7:32 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.