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 May 24, 2007, and the minutes of the budget work session held on May 15, 2007.  (Approved)

b.   Consideration of activities to educate Cary voters on how to participate in this fall’s new Instant Runoff Voting (IRV) methodology. Council may take action. (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.   West Lake Development

(1)  Citizen Initiated Annexation Petition 07-A-10
Property owner: Bruce Odell Henderson|
Property address: 8400 Henderson Road
Acreage: 9.66
Zoning: Residential 30 Wake (R-30W)
Contiguous to Corporate Limits: Yes
Proposed use: To incorporate a new parcel and reduce minimum lot size within West Lake Planned Development District (07-REZ-02)
Staff Presenter: Mr. Dan Matthys
Recommended Council Action: Council may take action (Approved)

(2)  Rezoning 07-REZ-02, West Lake Planned Development District (PDD) Amendment
Location: Northwest of Optimist Farm and Henderson Roads
Current zoning: Residential 30 Wake (R-30W)
Request: To amend existing Planned Development District to include subject property
Acreage: 9.66 ±
Staff 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: Unanimously recommended approval
Recommended Council Action: Council may take final action (Approved)

b.   Gaglione Property development

(1)  Citizen Initiated Annexation Petition 07-A-13
Property owner: Patrick & Kathleen Gaglione
Property address: 2533 and 2531 O’Kelly Chapel Road and includes detached Accessory Shop Building
Acreage: 1.85 plus .33 acres of right-of-way
Zoning: Residential 40 Chatham (RA-40)
Contiguous to Corporate Limits: Yes
Existing use: Single-family residential (emergency request to connect to Town’s water); associated with 07-REZ-07
Staff Presenter: Dan Matthys
Other Approvals Needed: The Chatham County Commissioners approved this request on 2/5/2007
Recommended Council Action: Council may take action (Approved)

(2)  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
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
Recommended Council Action: Council may take final action (Approved)

3.   Operations Committee, June 7, 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.   Bid Award – 2007 Street Improvements Project (EN07-115)
Committee unanimously recommended awarding the construction contract for the 2007 Street Improvements project to Asphalt Experts, Inc. for $984,442.55.  The award (by Council) represents a preliminary determination as to the qualification of the bidder and no legally binding acceptance of the bid or offer occurs until the Town has executed a written agreement. Committee also recommended the appropriation of $150,000 from FY 2007 general capital reserve – street payment-in-lieu revenue to be budgeted within the construction account of the Street Improvement FY07 project (ST1155). (Approved)

b.   Bid Award – Cary/Apex Water Treatment (EN07-117)
Committee unanimously recommended awarding the Cary/Apex Water Treatment Facility Palmer Bowlus Flume Installation and Chemical Improvements Project to Seaside Environmental Constructors, Inc. for $89,500 representing a preliminary determination as to the qualification of the bidder with no legally binding acceptance of the bid or offer until the Town has executed a written agreement. (Approved)

c.   Request to Release Church Street Pump Station Easement (EN07-118)
Committee unanimously recommended granting the request to release an unused pump station easement at the intersection of Church Street (SR 1637) and Barbee Road (SR 1706). (Approved)

d.   High House Road Widening Project: Funding Source Adjustment (EN07-119)
Committee unanimously recommended the removal of the $450,000 in NCDOT municipal agreement funding from the ST1077 High House Road Widening project and an appropriation of $50,000 in general capital reserve unrestricted fund balance to the construction account of Project ST1077, resulting in a total appropriation to date of $8,895,000 to the High House Road Widening project (ST1077). (Approved)

e.   Bid Award – Woodland Drive Sewer Extension Project (EN07-122)
Committee unanimously recommended awarding the Woodland Drive Sewer Extension Project to H.B. West, Inc. for $354,416.60.  The award (by Council) represents a preliminary determination as to the qualification of the bidder and no legally binding acceptance of the bid or offer occurs until the Town has executed a written agreement.  Committee also recommended that $93,570 be transferred upon bid award from SW1087 Sewer Annexations to SW5010 Woodland Drive Sewer in order to provide funds needed to meet the bid award. (Approved)

f.    Kildaire Farm Road Widening Project Condemnation Resolution (EN07-123)
Committee unanimously recommended approving the amended condemnation resolution approved for St. Francis United Methodist Church, Inc., a North Carolina non-profit corporation. (Approved)

g.   Walnut Street Widening Project Condemnation Resolutions (EN07-124)
Committee unanimously recommended approval of condemnation resolutions related to securing necessary right of way easements for Walnut Street Widening Project. (Approved)

h.   Bid Award – Kildaire Farm Road Widening, Trinity Road Extension, Penny Road Water Line (EN07-125)
Committee unanimously recommended approval of a bid award for construction of Kildaire Farm Road Widening from Lochmere Golf Club to just north of Ten Ten Road (ST1084 & ST1152), Trinity Road Extension just north of Cary Towne Boulevard (ST1091), and the Penny Road Water Line Extension at Ederlee Drive (WT1136) for the Alternate #1 bid of $12,283,611.90 to CC Mangum.  This award by Council represents a preliminary determination as to the qualifications of this bidder with no legally binding acceptance of this award until the Town has executed a written agreement.

Committee further recommended the transfers of existing funds described in the Fiscal Impact section of this staff report for projects ST1084 and ST1091 be approved in order to partially address construction funding needs of the Kildaire Farm Road Widening project.

Committee also recommended approval of the appropriation of $2,000,000 in 2003 general obligation bond – transportation debt to the ST1084 Kildaire Farm Widening project in order to completely address the construction and contingency funding needs of the Kildaire Farm Road Widening project, which would bring the ST1084 project budget to $9,776,201 to be budgeted as follows for expenditures:  $1,800,000 in construction and $200,000 in contracted services.

Committee further recommended approval of the appropriation of $38,000 in utility capital reserve unrestricted fund balance to the WT1136 Penny Road Water Line Connection project, bringing the WT1136 project budget to $108,000 to be placed within the WT1136 construction account for expenditure. (Approved)

i.    Reimbursement Contract Cash Reimbursement Request (EN07-126)
Committee unanimously recommended reimbursement in the amount of $52,756 to Raleigh Chinese Christian Church. (Approved)

j.    Consideration of Granting an Easement to Duke Power (EN07-128)
Committee unanimously recommended granting an easement to Duke Power for electric facilities to serve the Kit Creek Pump Station. (Approved)

k.   Request for Additional Appropriation to Self-insurance Fund (FN07-010)
Committee unanimously recommended recognizing $84,000 in small claims revenues and appropriating these funds to the small claims fund expenditures account. (Approved)

l.    Request for Additional Appropriation to Self-insurance Fund (HR07-005)
Committee unanimously recommended recognizing $83,280 in workers' compensation reinsurance reimbursement revenues and appropriating these funds to the workers' compensation claims fund expenditures account. (Approved)

m.  Amendments to Stop Street Schedules (PD07-017)
Committee unanimously recommended adoption of an ordinance amendment to the Town Code Sec. 34-329 (stop streets). (Approved)

n.   Budget Adjustment: Recognition of Donations (PR07-028)
Committee unanimously recommended recognizing $5,000 for appropriation of donations and expenditures in the PRCR Memorial Donations Accounts for acceptance of the currently identified donations of $1,890 and to allow for possible additional donations and related installations through the end of fiscal year 2007, with an additional $3,110 expenditure authority to be expended only to the degree that donations are actually received. (Approved)

o.   Request for Grant Budget Adjustment (PR07-030)
Committee unanimously recommended approving the award of $110,000 of the $120,000 contribution from the John Rex Foundation for the Bond Park FIT project at this time, and incorporating the remaining $10,000 of the total contribution into the FY 2008 Town of Cary Proposed Operating Budget to be recognized at budget adoption.  Committee also recommended that the $110,000 for the Bond Park FIT project be budgeted within Project PR1114. (Approved)

p.   Request for Approval of Amendment No. 2 to Interlocal Agreement for Western Wake Regional Wastewater Management Facilities (PWUT07-023)
Committee unanimously recommended approval of entering into Amendment No. 2 to Interlocal Agreement for design, construction, ownership, management and operation of Western Wake Regional Wastewater Management Facilities. (Approved)

q.   NCDOT Utility, Sidewalk and Traffic Signal Mast Arm Municipal Agreements – NCDOT U 2804B (EN07-129)
Committee unanimously recommended approval of the appropriation of $64,615 in water development fee fund balance and $232,663 in Powell Bill fund balance allowing the Town to satisfy two recently-received North Carolina Department of Transportation (NCDOT) invoices for work completed through municipal agreements. (Approved)

r.    Connemara Drive (Somerset Division) Traffic Calming (EN07-112)
Committee unanimously recommended that installation of four medians along Connemara Drive since the community has met the requirements of the traffic calming policy by submitting a petition showing 80.1% support, submitted a payment for the $1,600 community contribution, completed an encroachment agreement for the planting and maintenance of these proposed medians, and submitted and received approval for the landscaping plans. (Approved)

s.    Selection of Design Team for the Cary Community Aquatic Center (PR07-029)
Committee unanimously recommended contracting with Brinkley Sargent Architects for the design of the Cary Community Aquatic Center for a fee of $1,525,000. (Approved)

t.    Mosquito Control Program (PWUT07-022)
Committee unanimously recommended approval of a comprehensive mosquito prevention education program that includes options for temporarily securing meter lid openings.  Committee further recommended maintaining the scheduled implementation of the A.M.I. project. (Approved)

u.   Data Warehousing and Predictive Modeling Software (TS07-001)
Committee unanimously recommended approval of the exception to formal bidding requirements and the purchase as allowed in N.C.G.S. 143-129(e)(6) and authorization of staff to negotiate and enter into a purchase and service agreement for the SAS combined data warehousing and predictive modeling software package that includes a site-wide perpetual license that will support the entire organization’s data warehousing needs and the development of a predictive modeling application for the Town’s police services and development services. (Pulled from consent for discussion; see item G.3.)

C.   RECOGNITIONS, REPORTS, AND PRESENTATIONS

N/A

D.   PUBLIC HEARINGS

1.   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. The budget will be on the June 28, 2007 agenda for final council action. (No action required; staff directed to bring a report to the 6/28/07 council meeting to address recent crime statistics published by the Attorney General's Office and the SBI, including options to address this issue)

2.   Rezoning 07-REZ-09, Batchelor Property/Prentiss Creek
Location: west of Highcroft Planned Development District and south of Green Hope School Road
Current zoning: Residential-40
Requested zoning: Residential-12 Conditional Use and Transitional Residential Conditional Use
Acreage: 53.36
Presenter: Ms. Jennifer Currin
Recommended Council Action: Council may refer this item to the August 20, 2007 Planning and Zoning Board meeting (Referred to 8/20/07 P&Z meeting)

3.   Comprehensive Plan Amendment 07-CPA-04, Indian Wells
Location: along Indian Wells and Wackena Roads, approximately 1,200 feet west of the intersection of NC Highway 55 and Indian Wells Road
Current comprehensive plan designation: Very Low Density Residential
Requested comprehensive plan designation: Medium Density Residential
Acreage: 164.5
Presenter: Mr. Scott Ramage
Recommended Council Action: Council may continue this public hearing to the June 28, 2007 council meeting (Continued public hearing to the 6/28/07 council meeting)

4.   Street Closing
Consideration of a request to close a portion of Yates Store Road as relocated at the intersection of Green Level Church Road. 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.   Reedy Creek Development: 

a.   Activity Center Concept Plan 05-AC-009, Reedy Creek
Location: 707 & 801 NE Maynard Road and 771 and 803 Reedy Creek Road
Base zoning district:  The subject property is within the Northwoods PDD and also includes an Office and Institutional (O&I) zoning district.
Overlay zoning district: Reedy Creek Neighborhood Mixed Use Overlay
Request:  The proposed Activity Center Concept Plan (ACCP) consists of a mixture of high density residential, office and commercial development.
Acreage: 17.66 acres+
Presenter: Mrs. Debra Grannan
Planning and Zoning Board Recommendation: Majority vote recommended approval
Recommended Council Action: Council may take final action. The valid protest petition has been withdrawn; simple majority vote is required. (Approved)

b.   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 (item F.1.a. on this agenda)
Presenter: Mr. Dan Matthys
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: This item was tabled at the May 24, 2007 council meeting. After removing this item from the table, council may take final action. (Approved)

G.   COMMITTEE REPORTS (discussion items)

Operations Committee, June 7, 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.   Highcroft Drive Safety and Traffic Concerns (EN07-113) REVISED JUNE 11, 2007
Mrs. Robinson felt strongly that the Highcroft Drive speed limit should be changed to 25 mph, while Mr. Smith and Ms. Dorrel agreed that a 30 mph speed limit was acceptable.  Committee unanimously recommended that a traffic calming plan be developed and that the street remain as a collector and that on-street parking be prohibited.  Committee further recommended that any costs associated with improving the aesthetics of speed hump and crosswalk installation be the responsibility of the neighborhood that benefits from the improvements and should not be paid from public funding. Council may take action. (Approved 25 mph speed and concurred with committee's recommendation to develop a traffic calming plan, that the street remain as a collector, and that the Town not participate in costs associated with improving the aesthetics of traffic calming devices)

2.   Mitigation Options of Impacts to Individual Plumbing and Irrigation System (EN07-121)
Mr. Smith and Ms. Dorrel recommended against pursuing Town funded pumping systems to increase pressures to areas of lower or reduced water system pressures, while Mrs. Robinson felt the Town should consider compensation be made to homeowners negatively affected by the lower water pressure. Council may take action. (Staff will provide additional meeting at a future council meeting)

3.   Data Warehousing and Predictive Modeling Software (TS07-001)
Committee unanimously recommended approval of the exception to formal bidding requirements and the purchase as allowed in N.C.G.S. 143-129(e)(6) and authorization of staff to negotiate and enter into a purchase and service agreement for the SAS combined data warehousing and predictive modeling software package that includes a site-wide perpetual license that will support the entire organization’s data warehousing needs and the development of a predictive modeling application for the Town’s police services and development services. (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 approval of revisions to the agreement between the Town of Cary, Wake County Public School System and the Cary Park developer approved by Council on January 25, 2007. The revisions pertain to removing the Cary Park developer as a party to the agreement. Council may take action. (Approved)

I.    CLOSED SESSION (called)

J.   ADJOURNMENT (9:56 a.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.