A.   COMMENCEMENT

1.    Call to Order (Provided)

2.    Ceremonial Opening (Provided)

3.   Adoption of agenda (Adopted with changes noted below)

Proposed changes to the agenda:

(1) Add consent agenda item B.1.d., Consideration of Adoption of Condemnation Resolutions for Progress Energy for the Kildaire Farm Road Widening Project; and

(2) remove public hearing item D.1., 07-SU-003; staff has determined that this hearing may not move forward as the plan is submitted.

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 May 10, 2007; the minutes of the joint meeting with Cary and Wake County officials held on May 11, 2007; and the minutes of the budget work session held on May 8, 2007. (Approved)

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

c.    Consideration of approval of a request to provide a $25,000 economic development grant to Healthways, Inc. as an inducement to add additional jobs in Cary. Approval of this item includes approval of an appropriation of $25,000 from general fund fund balance for expenditure in the Town Council operational budget to be paid to Healthways, Inc., and the following: (Approved)

(1)  authorization to enter into the terms of the One NC Grant, the Local Government Grant Agreement and the Company Performance Agreement between the Town of Cary and Healthways, Inc. (prepared by the NC Department of Commerce). (Approved)

(2)  adoption of a resolution authorizing a Town of Cary incentives agreement with Healthways, Inc., and approval of a contract with the Town of Cary and Healthways, Inc. (prepared by the Town of Cary). (Approved)

d.   Consideration of Adoption of Condemnation Resolutions for Progress Energy for the Kildaire Farm Road Widening Project.(Approved)

2.   Planning and Development Committee, May 17, 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) (Mr. Roseland)

a.   FY2008 Neighborhood Improvement Grant Program (PL07-040)
Committee unanimously recommended approval of staff’s proposal for the FY2008 Neighborhood Improvement Grant program and funding the $75,000 program with an appropriation to the Planning Department’s Neighborhood Improvement Grant program account. (Approved)

b.   North State Storage Special Use (PL07-042)
Committee unanimously recommended that Council, pursuant to LDO Section 3.8.4(D), allow the new Special Use application to be submitted on the same property within one year of the previous decision based on the following criteria which make the revised plan not “substantially similar” to the original plan: 1) inclusion of 19,000 square feet of office/flex space; 2) the reduction in size of the storage facility and its redesign to incorporate only interior-access units: and, 3) the redesign of the site to alleviate many of the aesthetic concerns raised by the adjoining property owners. (Approved)

c.   Legacy Crossroads Apartments – Request for Waiver from Thoroughfare Improvement Requirements (EN07-114)
Committee unanimously recommended that Town Council require the additional widening, right-of-way dedication and sidewalk installation along Jones Franklin Road to meet the Town’s Comprehensive Transportation Plan requirements, with the option of accepting a payment-in-lieu based on a signed and sealed Professional Engineer’s estimate should complications occur (such as difficulty in obtaining NCDOT or environmental permits). (Approved)

d.   Downtown Public-Private Partnerships – Project Information Requested and Evaluation Criteria (PL07-043)
Committee unanimously recommended that Council approve Attachment A, Information Needed from  Developers Requesting Public Participation in Development Projects, and Attachment B, Town of Cary Evaluation Criteria for Participation in Private Development Projects, and to authorize Town staff to use these forms to obtain information needed from project developers who request Town participation or assistance with development projects in the Town Center Area for evaluation of criteria to be used by Town staff to produce a summary report to aid in analysis of proposed projects. (Approved)

C.   RECOGNITIONS, REPORTS, AND PRESENTATIONS

1.   Presentation of a proclamation designating May 20-26, 2007 as Public Works Week in Cary. (Presented)

2.   Presentation by Wake County Board of Elections Director Cherie Poucher on the Instant Runoff Voting Method and pilot program opportunity. (Presented; council approved using the Instant Runoff method for the 2007 municipal elections; council directed staff to bring a report back to council outlining the Town funds that will be used to supplement the Board of Elections' voter education effort [these funds will be from the savings realized by eliminating the November runoff election])

D.   PUBLIC HEARINGS

1.    SPECIAL USE PERMIT 07-SU-003
Street address: 228 Billingrath Turn Lane
Current zoning: Residential 8 Conditional Use (R8-CU)
Request: To operate a large home day care (not to exceed 15 children) within existing dwelling
Total Acreage: 0.20 ±
Presenter: Mrs. Debra Grannan
Council Action: Council may take action. (Removed from agenda)

2.   Fiscal Year 2008 Budget
Public hearing on the Town of Cary’s Proposed Fiscal Year 2008 Budget, which identifies services and infrastructure projects to be undertaken by the Town from July 1, 2007 through June 30, 2008. No council action is necessary. Another public hearing will be conducted at the June 14, 2007 council meeting. (Public hearing conducted; no action required) 

3.   Parkside Town Commons Developments 

a.   ANNEXATION PETITION 07-A-11
Property owners: KRG/Prisa II Parkside LLC Research Triangle Foundation of NC
Property addresses: 5013, 5016, 5020, 5128 NC 55 Highway; and other unaddressed properties
Acreage: 125.19
Zoning: Industrial 11 Wake (I-11 W) and Office, Research & Development (ORD)
Contiguous to Corporate Limits: Yes
Proposed use: Mixed use development
Associated development: Rezoning 07-REZ-06, Parkside Town Commons
Presenter: Mr. Dan Matthys
Council Action: No action required; staff will schedule final action on this item to occur at the time of final action on the associated zoning (07-REZ-06). (Public hearing conducted; no action required) 

b.   Comprehensive Plan Amendment 07-CPA-03, Parkside Town Commons
Location: East side of NC Highway 55, approximately 0.5 miles south of the intersection of Kitt Creek Road with NC Highway 55
Current Comprehensive Plan: None
Proposed Comprehensive Plan: Mixed Use (MXD)
Acreage: 17.94 ±
Presenter: Ms. Meredith Chandler
Council Action: Refer to the July 16, 2007 Planning and Zoning Board meeting (Referred to 7/16/2007 P&Z meeting)

c.   REZONING 07-REZ-06, Parkside Town Commons
Location: East side of NC Highway 55, approximately 0.5 miles south of the intersection of Kitt Creek Road with NC Highway 55
Current zoning: Industrial-II Wake (I-II W)
Requested zoning: Industrial (I) with Alston Mixed Used Overlay
Acreage: 17.94 ±
Presenter: Mr. Kevin Hales
Council Action: Refer to the July 16, 2007 Planning and Zoning Board meeting (Referred to 7/16/2007 P&Z meeting)

4.   Citizen-Initiated Annexations (not associated with rezonings): 

a.   ANNEXATION PETITION 06-A-01
Property owner: Ali R. Hashemi-Nejad
Property address: 801 NE Maynard Road
Acreage: 10.74 plus 0.88 acres of right-of-way
Zoning: Planned Development District Major - Office and Institutional (OIP)
Contiguous to Corporate Limits: Yes
Associated development: 05-AC-009
Presenter: Mr. Dan Matthys
Council Action: Council may defer action to the June 14, 2007 council meeting to coincide with the associated activity center concept plan (05-AC-009). (Public hearing conducted; no action required)

b.   ANNEXATION PETITION 07-A-09
Property owner: Mahmoud & Rolla Abdallah
Property address: 240’ south of McCrimmon Parkway and Davis Drive intersection
Acreage: 0.26
Zoning: Office/Research and Development (ORD)
Contiguous to Corporate Limits: Yes
Proposed use: Retail and restaurant
Associated development: Site Plan 06-SP-134 (Davis Drive Eatery)
Presenter: Mr. Dan Matthys
Council Action: Council may take action. (Approved)

c.   ANNEXATION PETITION 07-A-15
Property owner: Winslow Pond Properties, LLC
Property address: 600 NE Maynard Road
Acreage: 4.73 plus 0.99 acres of right-of-way
Zoning: Office & Institutional (OI)
Contiguous to Corporate Limits: Yes
Proposed use: Residential Subdivision in a Mixed Use Development District
Associated development: Subdivision Plan 07-SB-003, Campbell Property
Presenter: Mr. Dan Matthys
Council Action: Council may take action. (Approved)

d.   ANNEXATION PETITION 07-A-16
Property owner: Sears Farm, LLC
Property addresses: 1650 High House Road and other unaddressed property
Acreage: 4.90
Zoning: Planned Development District Major - General Commercial (GCP); Residential Multi-Family (RMFP); Residential-8 (R-8P)
Contiguous to Corporate Limits: Yes
Proposed use: Residential Subdivision in a Mixed Use Overlay District
Associated development: Site Plan 07-SP-005, Searstone Phase 1
Presenter: Mr. Dan Matthys
Council Action: Council may take action. (Approved)

e.   ANNEXATION PETITION 07-A-17
Property owner: Highcroft Investors, LLC
Property addresses: 1640 Wackena Road and other unaddressed property
Acreage: 85.74
Zoning: Planned Development District Major - Residential 40P (R-40P); Residential Multi-Family (RMFP); Resource/Recreation (R/RP); Transitional Residential (TRP)
Contiguous to Corporate Limits: Yes
Proposed use: Residential Subdivision (Highcroft Village)
Associated development: Subdivision Plan 05-SB-034, Highcroft Village Phases 1 & 2
Presenter: Mr. Dan Matthys
Council Action: Council may take action. (Approved)

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-38, Cary Park Mixed Use Overlay District
Location: northeast of the Green Level to Durham Road and Carpenter Fire Station Road intersection
Current zoning: Residential-40
Requested zoning: Residential-40 with a Mixed Use Overlay District
Acreage: 16.43 acres
Presenter: Ms. Jennifer Currin
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: Majority vote recommended approval
Recommended Council Action: Council may take final action. (Approved)

2.   Rezoning 06-REZ-39, Cary Park Mixed Use Overlay District
Location: intersection of Carpenter Fire Station Road and Cary Glen Boulevard
Current zoning: Planned Development District Major, Office and Institutional Conditional Use and Residential-40
Requested zoning: add a Mixed Use Overlay to the existing zoning
Acreage: 149.22 acres
Presenter: Mrs. Anna Readling
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: Majority vote recommended approval
Recommended Council Action: Council may take final action. (Tabled until the 6/14/2007 council meeting)

3.   Rezoning 06-REZ-26, Village at the Park Planned Development District Amendment
Location: NE intersection of Alston Avenue and Kitt Creek Road and NW intersection of NC 55 Highway and Kitt Creek Road  
Current zoning: Planned Development District
Request: eliminate the office and commercial uses and add 255 apartments
Acreage: 15.17 acres
Presenter: Mr. Kevin Hales
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: Majority vote recommended approval
Recommended Council Action: Council may take final action. (Approved)

G.   COMMITTEE REPORTS (discussion items)

Planning and Development Committee, May 17, 2007 (any item pulled from the committee consent agenda for discussion [agenda item B.3.] will be discussed during this portion of the agenda) (Mr. Roseland)

1.   Rezoning Waiver Request – Piney Plains Tract (PL07-041)
Committee unanimously recommended approval of Council of a request for a waiver of the one-year waiting period for a new rezoning submittal for the “Piney Plains tract” northwest of Piney Plains Road and Stephens Road.  A supermajority vote of Council is required to approve this request. Council may take action; six affirmative votes are required for approval. (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 a request by Mayor Pro Tem Jack Smith and Council Member Nels Roseland for staff to immediately propose solutions to eliminate tiger mosquitoes in water meter holes. Council may take one of the following three actions according to the Town’s rules of procedures policy: (1) Refer the request to the appropriate committee meeting, at which time a staff report with staff recommendation will be prepared, or; (2) Refer the request to a future council meeting, at which time a staff report with staff recommendation will be prepared, or (3) Decide not to pursue the council initiated request. (council directed that staff prepare a report for the appropriate committee)

I.    CLOSED SESSION (called)

J.   ADJOURNMENT (9:59 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.