A.   COMMENCEMENT

1.    Call to Order (Called)

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 June 12, 2008, and approval of the June 3, 2008 work session minutes. (Approved)

b.   Consideration of appointment of Harry Baulch to fill an unexpired term on the planning and zoning board. (Approved)

c.   Consideration of providing funding for a new Cary directional sign on I-40 that will be installed by NCDOT. (Approved)

d.   Consideration of adoption of a certificate of sufficiency and a resolution calling for a public hearing on the following annexation:

ANNEXATION PETITION 08-A-06
Property owners: Hwy 55 Self Storage LLC
Location: 3719 NC 55 Highway
Acreage: 6.65 plus 0.00 adjacent right of way = 6.65 total deeded acres
Zoning: Office, Research & Development (ORD) in a Mixed Use Overlay District
Contiguous to Primary Corporate Limits: Yes
Existing Use: Vacant
Proposed use: Self Storage Facility
Speaker: 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.   Planning and Development Committee, June 19, 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. Portman)

a.   Donation of Artworks (PR08-032)
Committee unanimously recommended accepting a donation four paintings from Cary Visual Art and one painting from artist Lily Karmatz, and directing staff to secure placements for these artworks at Town facilities. (Approved)

b.   Extension of Koka Booth Amphitheatre Management Contract (PR08-033)
Committee unanimously recommended approval of exercising the extension provision in the amended SMG contract to extend SMG’s management of the Koka Booth Amphitheatre for two more years, through the 2010 season. (Approved)

c.   Community Visioning (AD08-018)
Committee unanimously recommended authorizing staff to proceed with an extensive community visioning project, beginning with the development and issuance of an RFP for specialized consulting services to assist with the effort. (Approved)

d.   Request for Road Improvement Waiver – Progress Energy Piney Plains Substation (EN08-103)
Committee unanimously recommended denying a request by Progress Energy for waiver of thoroughfare improvement requirements associated with the proposed Piney Plains Substation addition and that the thoroughfare road improvements, 10’ concrete multi-use trail, and right-of-way dedication for Piney Plains Road be required. (Pulled from consent for discussion; see item G)

e.   Implementation of Annexation Program: Phase I (PL08-039)
Committee unanimously recommended that staff be directed to begin implementation of Phase I of the Town’s adopted Annexation Program and to perform the required annexation report and plan of service for possible Town-initiated annexation of all nine areas included in Phase I of the adopted Annexation Program. (Pulled from consent for discussion; see item G)

C.   RECOGNITIONS, REPORTS, AND PRESENTATIONS

1.   Presentation of a proclamation from the Wake County PTA thanking the Town of Cary for implementing school zone safety measures. (Presented)

D.   PUBLIC SPEAKS OUT (no one spoke)

E.   PUBLIC HEARINGS

1.   Raftery Tract Park Development: 

a.   ANNEXATION PETITION 08-A-01
Property owners: Town of Cary; Wake County
Location: 1,600 feet southeast of the Green Level Church Road and White Oak Church Road intersection
Acreage: 114.92 plus 5.29 acres of right-of-way
Zoning: Residential 40 Wake (R-40W)
Contiguous to Primary Corporate Limits: Yes
Existing Use: Vacant
Proposed use: Future park and greenway trail
Associated Rezoning Case: 08-REZ-02 (Raftery Property)
Speaker: Mrs. Debra Grannan
Proposed council action: defer action to a future council meeting to allow final vote on the annexation to coincide with final vote on the associated rezoning (08-REZ-02) (public hearing conducted; action will occur at a future council meeting to coincide with the action on the associated rezoning -- 08-REZ-02)

b.   REZONING 08-REZ-02, Raftery Tract Park
Location: 1,600 feet southeast of Green Level Church Road and White Oak Church Road intersection
Current Zoning: Residential 40 Wake (R-40W)
Proposed Zoning: Resource/Recreation (RR)
Acreage: 115.5 ±
Speaker: Mrs. Debra Grannan
Proposed council action: refer to the July 21, 2008 planning and zoning board meeting (referred to 7/21/08 planning and zoning board meeting)

2.   Consideration of adoption of the following annexation ordinances: 

a.   ANNEXATION PETITION 08-A-04
Property owners: SAS Institute, Inc.; Reedy Creek Investments, LLC
Location: 2301 and 2401 Trenton Road
Acreage: 11.79
Zoning: Residential 40 (R-40)
Contiguous to Primary Corporate Limits: No
Existing Use: Vacant
Proposed use: Solar Array Panel Installation Site
Associated Development Plan: 08-SP-037 (SAS Solar Array)
Speaker: Mr. Wayne Nicholas
Proposed council action: council may take action (Approved)

b.   ANNEXATION PETITION 08-A-05
Property owner: Sears Farm LLC
Location: intersection of High House Road and Davis Drive
Acreage: 46.34 plus 5.73 acres of right-of-way
Zoning: Residential and General Commercial in a Planned Development District (GCP) in a Mixed Use Overlay District
Contiguous to Primary Corporate Limits: Yes
Existing Use: Residential Single-Family and Vacant
Proposed use: Commercial Development
Associated Development Plan: 08-SP-023 (Searstone Development)
Speaker: Mr. Wayne Nicholas
Proposed council action: council may take action (Approved)

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.   KODAVANTI DEVELOPMENT 

a.   ANNEXATION 07-A-30
Property owner: Prasada R. & Urmila P. Kodavanti and P&P Balaji Investments, Inc.
Location: 6905 Jenks Road; 711 Trelawney Lane 
Acreage: 2.51 plus 0 adjacent right of way = 2.51 total deeded acres
Zoning: Residential 40 Wake (R-40W)
Contiguous to Primary Corporate Limits: No
Existing Use: Residential Single Family
Proposed use: Residential Single Family
Associated Rezoning Case: 08-REZ-01 (Kodavanti Property)
Speaker: Mrs. Debra Grannan
Proposed council action: council may take action (Approved)

b.   REZONING 08-REZ-01, Kodavanti Property
Location: 6905 Jenks Road and 711 Trelawney Lane
Current Zoning: Residential 40 Wake (R-40 W)
Proposed Zoning: Residential 40 (R-40)
Acreage: 2.51 ±
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 8-1 to recommend approval
Proposed council action: council may take action (and must first take action on the associated annexation – 07-A-30) (Approved)

G.   COMMITTEE REPORTS (discussion items)

Planning and Development Committee, June 19, 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. Portman)

1.   Request for Road Improvement Waiver – Progress Energy Piney Plains Substation (EN08-103)
Committee unanimously recommended denying a request by Progress Energy for waiver of thoroughfare improvement requirements associated with the proposed Piney Plains Substation addition and that the thoroughfare road improvements, 10’ concrete multi-use trail, and right-of-way dedication for Piney Plains Road be required. (Approved the waiver request based on new information from staff)

2.   Implementation of Annexation Program: Phase I (PL08-039)
Committee unanimously recommended that staff be directed to begin implementation of Phase I of the Town’s adopted Annexation Program and to perform the required annexation report and plan of service for possible Town-initiated annexation of all nine areas included in Phase I of the adopted Annexation Program.  (Approved committee recommendation)

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 extending the pending expiration date of June 30, 2008 for the Town of Cary’s moratorium on the annexation of property within Chatham County.  Council may take action. (Approved) 

2.   Consideration of adoption of the Fiscal Year 2009 Budget and the proposed changes to the budget. Council may take action. (Approved budget and proposed list of changes)

3.   Consideration of approval of contracts that extend animal sheltering services with the SPCA of Wake County until September  30, 2008 and provide for reimbursement from Wake County for associated costs for the same time period. (Approved)

4.   Consideration of appointments to the new Environmental Advisory Board. (Approved the following appointments: Stephen Johnston, Andrew Hadsell, Heather Morrell, Ed Clayton-Chairperson, Oliver Pau, Robert Myer, Elizabeth Adams, Judith Bullock, and Dan McFarland)

I.    CLOSED SESSION (not called)

J.   ADJOURNMENT (8:34 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.