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 June 26, 2008; the minutes of the council work sessions held on June 18, 2008, June 20, 2008 and June 24, 2008. (Approved)

b.   Consideration of adoption of adoption of certificates of sufficiency and resolutions calling for public hearing on the following citizen-initiated annexations:

(1)  08-A-07
Property Owners: Thomas Seymour; Hubert and Peggy Hatcher; Sidney and Rebecca Hatcher
Property Location: 4501 Cary Glen Boulevard
Acreage: 28.00 total deeded acres
Zoning: Residential 40 (R-40) within a Mixed Use Overlay District
Contiguous to Primary Corporate Limits: Yes
Existing Use: Vacant
Associated Development Plan: 08-MU-003 (Villas @ Cary Park)
Proposed use: Residential Subdivision 
Speaker: Mr. Wayne Nicholas (Approved)

(2)  08-A-08
Property Owners: Adelangela Fumagalli
Property Location: intersection of Green Level to Durham Road, Courtland View Lane, and Mills Park Road
Acreage: 12.85 total deeded acres
Zoning: Residential 40 (R-40)
Contiguous to Primary Corporate Limits: Yes
Existing Use: Vacant
Associated Development Plan: 08-REZ-09 (Fumagalli Subdivision)
Proposed use: Residential Subdivision
Speaker: Mr. Wayne Nicholas (Approved)

(3)  08-A-09
Property Owners: Langston Family Limited Partnership
Property Location: 2,620 feet south of intersection of Ten Ten Road and West Lake Road
Acreage: 69.68 total deeded acres
Zoning: Residential 30 Wake (R-30W)
Contiguous to Primary Corporate Limits: Yes
Existing Use: Vacant and Residential Single-Family
Associated Development Plan: 08-REZ-10 (West Lake Road)
Proposed use: Residential Subdivision
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) 

a.   REZONING 08-REZ-04, HATLEY REZONING
Location: 805 Rochelle Road and 1139 Evans Road
Current Zoning: Residential 40 (R-40)
Proposed Zoning: Transitional Residential Conditional Use (TR-CU)
Acreage: 10.00 ±
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: unanimous to approve
Proposed council action: council may take action (Approved)

3.   Operations Committee, July 10, 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.   Stephens Road Petition for Water and Sewer Service (EN09-001)
Committee unanimously recommended approval of a petition submitted by the residents of Stephens Road requesting water and sewer service and the creation of separate projects to fund the water and sewer system construction, as follows: (Approved)

SW5015 – Stephens Road – Phase 1 Sewer Extension
Creation of project account number SW5015 in the amount of $100,000 to fund the construction of the Stephens Road-Phase 1 Sewer Extension, with $100,000 to be transferred from SW1087 to create the construction budget, which will reduce the remaining balance of SW1087 to $2,252,739, available to fund new petition-initiated sewer projects.

WT5015 – Stephens Road Water Extension
Creation of project account number WT5015 in the amount of $100,000 to fund the construction of the Stephens Road Water Extension, with $100,000 to be transferred from WT1094 to create the construction budget, which will reduce the remaining balance of WT1094 to $1,690,276, available to fund new petition-initiated water projects.

b.   Request for Additional Funding – Bachelor Branch Interceptor and Pump Station Elimination Project – Phases 2 through 5 (EN09-002)
Committee unanimously recommended that $1,000,000 of the currently available $1,926,000 in the Morris Branch Regional Pump Station Project (SW1065) be transferred into the Construction Account of the Bachelor Branch Interceptor and Pump Station Elimination Project (SW1095).  Committee further recommended that $2,215,000 of the currently budgeted $7,990,000 in the Green Level Interceptor Project (SW1130) be transferred to the Bachelor Branch Interceptor and Pump Station Elimination Project (SW1095) accounts, with $1,900,000 being appropriated to the Construction Account, $300,000 to the Land and Site Acquisition Account, and $15,000 to the Contracted Services Account. (Approved)

c.   Connectivity – Lake Drive (EN09-007)
Committee unanimously recommended extending Lake Drive as a part of the Annual Connectivity Project, to be initiated with appropriations of $300,000 in the ST1167 Connectivity Project-FY08 and $300,000 in the Connectivity Project-FY09. (Approved)

d.   WakeMed Soccer Park Lease Assumption (PR09-001)
Committee unanimously recommended approving the assumption of a ground lease between Wake County and the State of North Carolina for WakeMed Soccer Park property for the use and management of the WakeMed Soccer Park property. (Approved)

e.   Status of New Water Conservation Initiatives (PWUT09-001)
Committee unanimously accepted the informational report from staff regarding the progress and future of four newly adopted programs:  Warm Season Grass Incentive for New Development, Turf Buy Back, High Efficiency Toilet Retrofit Rebate, and Build Your Own Rain Barrel.  The committee also requested that staff do more to increase community awareness regarding the value and importance of water conservation and the benefits of these incentive programs. (Approved)

f.    Bid Award: American Tobacco Trail – Chatham County Project (PR09-002)
Committee unanimously recommended awarding a bid to Holmes Contracting, Inc. for the construction contract for the American Tobacco Trail – Chatham County (Project PR1113) at a total bid price of $1,566,481.  An 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. (Approved)

4.   Planning and Development Committee, July 15, 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.   Payment-in-Lieu of Road Improvements Request by Capital Bank (EN09-003)
Committee unanimously recommended that a right-of-way dedication be required, and granting a payment-in-lieu of road improvements for the thoroughfare and capital improvements along both Carpenter Fire Station Road and Green Level to Durham Road in connection with the proposed Capital Bank development, with the payment-in-lieu funds being recognized and appropriated to the construction account of ST1085. (Approved)

b.   Request for Waiver from Thoroughfare Improvement Requirements by Wilmarth Investments LLC (EN09-004)
Committee unanimously recommended that the right-of-way dedication and the sidewalk be required, but that a waiver be granted from requiring construction of the road widening on the portion of property zoned residential. (Approved)

c.   Request for Waivers for Adequate Public Facilities for Roads Improvements for Carrabba’s Office (EN09-009)
Committee unanimously recommended granting the waiver as requested for the 200’ eastbound left-turn lane on Cary Parkway at the intersection of Cary Parkway and Kildaire Farm Road as this intersection configuration meets the intent of the Thoroughfare Plan and is enhanced with median plantings.  Committee further recommended accepting the contribution of $2,383.69 which has been determined by staff and the applicant to be the proportionate share of the trip impact to the intersection, with this revenue being recognized and appropriated to the general capital reserve fund for future appropriations to qualifying transportation related capital projects. (Approved)

d.   Minor Subdivision Exemptions and Fee Relief Decision (PL09-004)
Committee unanimously recommended that staff develop an amendment to create a provision for subdividing existing single-family lots associated with previously approved subdivisions.  Committee further recommended approving a citizen’s request to be subject to the FY08 impact fees when his building plans are submitted for two subdivided lots because of the delay in the subdivision plan approval. (Pulled from consent agenda for discussion; see item G.2.)

e.   Special Task Force Land Development Ordinance Amendments - Round 11 (PL09-005)
Committee unanimously recommended forwarding this set of Land Development Ordinance amendments to the September 25, 2008 Town Council meeting for a public hearing, allowing staff to meet with the Developers Focus Group in August to receive feedback. (Approved)

C.   RECOGNITIONS, REPORTS, AND PRESENTATIONS

1.   Recognition of Cary students who will travel to Cary’s Sister City, Le Touquet, France, to participate in an ecological program. (Recognized)

D.   PUBLIC SPEAKS OUT (see official minutes)

E.   PUBLIC HEARINGS 

1.   SPECIAL USE PERMIT 08-SU-001, Highway 55 Self Storage
Property Address: 3719 NC 55 Highway
Current Zoning: Office Research and Development (ORD)
Request: Approval to establish a mini-storage use
Acreage: 6.96
Associated Development Plan: Sketch Plan 08-SP-035, Highway 55 self storage (refer to agenda item F.3.
Speaker: Mr. Kevin Hales
Proposed council action: Council may take action on the special use request by using the prepared motions (08-SU-001). The presentation for the associated development plan (sketch plan 08-SP-035, agenda item F.3.) will be given during the special use public hearing. After council acts on the special use, they may immediately move to agenda item F.3. and take action on the associated development plan (08-SP-035). The Council may then take action on the associated annexation, 08-A-06, which is item E.2. on this agenda. (Approved with conditions)

2.    ANNEXATION PETITION 08-A-06 (associated with 08-SU-001, which is agenda item E.1.)
Property owner: Hwy 55 Self Storage LLC
Property address: 3719 NC 55 Highway
Acreage: 6.65 plus 0.00 acres of right-of-way
Zoning: Office, Research & Development (ORD)
Contiguous to Primary Corporate Limits: Yes
Existing Use: Vacant
Proposed use: Mini-storage use
Associated Development Plan: Sketch Plan 08-SP-035, Highway 55 Self Storage
Speaker: Mr. Kevin Hales
Proposed council action: council may take action (Approved)

3.   COMPREHENSIVE TRANSPORTATION PLAN UPDATE
Subject: The Town of Cary is holding a public hearing to receive citizen input on the 2008 Comprehensive Transportation Plan Update. The plan includes roadway, transit bicycle and pedestrian elements. The purpose of the plan update is to reaffirm the Town’s transportation vision and guide future transportation policy and decision-making. The plan update reflects the Town’s current transportation plans and programs, identifies new policy and program initiatives; and includes a proposed implementation program.
Speaker: Mr. Tim Bailey
Proposed council action: refer to the August 18, 2008 planning and zoning board meeting (Forwarded to 8/18/08 planning and zoning board meeting)

4.   COMPREHENSIVE PLAN AMENDMENT 08-CPA-03, White Oak Baptist Church
Property Location: (1) the area located generally north of Green Level West Road, east of the American Tobacco Trail, west of Bachelor Branch, and south of Yates Store Road and the future westward extension of Morrisville Parkway; and (2) the area located north of Roberts Road, south of White Oak Creek, and west of the future I-540 Western Wake Parkway Current Land Use Plan: Conservation Residential, Very Low Density (VLCR), and Conservation Residential, Low Density (LCR)
Proposed Land Use Plan: Conservation Residential, Very Low Density (VLCR), and Conservation Residential, Low Density (LCR), but with amendments to the definitions of VLCR and LCR given in Section 2.2, Chapter 2, of the Southwest Area Plan
Acreage: 1,795 ±
Speaker: Mr. Scott Ramage
Proposed council action: refer to the September 15, 2008 planning and zoning board meeting (Forwarded to 9/15/08 planning and zoning board meeting)

5.   REZONING 08-REZ-06, Piney Plains Offices
Property Location: Northwest of the intersection of Piney Plains Road and Stephens Road
Current Zoning: Residential 40 (R-40)
Proposed Zoning: Office and Institutional Conditional Use (OI-CU)
Acreage: 16.78 ±
Speaker: Mrs. Debra Grannan
Proposed council action: refer to the September 15, 2008 planning and zoning board meeting (Forwarded to 9/15/08 planning and zoning board meeting)

6.   COMPREHENSIVE PLAN AMENDMENT 08-CPA-04, Greystone Planned Development District
Property Location: East of Green Level to Durham Road and south of Mills Park Drive
Current Land Use Plan: Medium Density Residential (MDR)
Proposed Land Use Plan: Mixed Use (MXD)
Current Zoning: Planned Development District (PDD)
Proposed Zoning: Planned Development District (PDD) Amendment
Acreage: 13.57 ±
Speaker: Mrs. Meredith Chandler
Proposed council action: refer to the September 15, 2008 planning and zoning board meeting (Forwarded to 9/15/08 planning and zoning board meeting)

7.   REZONING 08-REZ-07, Greystone Planned Development District
Location: East of Green Level to Durham Road and south of Mills Park Drive
Current Zoning: Planned Development District (PDD)
Proposed Zoning: Planned Development District (PDD) Amendment
Acreage: 13.57 ±
Speaker: Mrs. Debra Grannan
Proposed council action: refer to the November 20, 2008 planning and zoning board meeting (Forwarded to 11/20/08 planning and zoning board meeting)

8.   Railroad Crossing ClosureS
Subject: A public hearing, as a part of the July 24, 2008 council meeting, provides an opportunity for comment about two railroad crossing closures. Morrisville-Carpenter Road and Carpenter Fire Station Road Railroad at grade crossings are proposed to be closed. Both railroad crossings are located near the intersections with NC 55. The proposal will close the Carpenter Fire Station Road railroad crossing while a new bridge crossing is planned, funded, designed and constructed. Interim improvements to the Morrisville-Carpenter Road crossing will be made to manage traffic flow over the single crossing. After the new railroad crossing bridge is open to traffic the Morrisville-Carpenter Road crossing will be closed.
Speaker: Mr. Tim Bailey
Proposed council action: council may take action (Tabled indefinitely to allow staff to meet with CSX officials to explore the possibility of delaying the Carpenter Fire Station Road railroad crossing closure until we're closer to actually having the new crossing)

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.   MIXED USE SKETCH PLAN 07-MU-06, Kilmayne Office Center
Location: Intersection of Kilmayne Drive and Southeast Maynard Road
Current zoning: Residential-12 (R-12) and Office/Institutional (O&I) in the Mayfair Mixed Use Center
Request: Mixed Use Sketch Plan – 85,500± square feet of Office in four buildings
Acreage: 5.44±
Presenter: Mr. Kevin Hales and Ms. Kelly Commiskey
Planning and Zoning Board Recommendation: recommended approval by vote of 6-3
Proposed council action: council may take action; the valid protest petition was withdrawn; therefore, simple majority vote is required (Approved)

2.   MIXED USE SKETCH PLAN 07-MU-09, SAS Harrison Avenue
Location: East of North Harrison Avenue, north and south of Richard Drive extending southward to Research Drive
Current zoning: Office/Institutional Conditional Use (OI-CU) and Residential 20 (R-20) in the SAS Regional Mixed Use Overlay District
Request: Mixed Use Sketch Plan to allow office uses and elementary school
Acreage: 58.59 ±
Speaker: Mr. Bob Benfield and Ms. Kelly Commiskey
Planning and Zoning Board recommendation: recommended approval by vote of 8-1
Suggested council action: council may take action (Denied the SAS plan; directed staff to proceed with facilitating a small area plan for the vicinity)

3.   SKETCH PLAN 08-SP-035, Highway 55 Self Storage
Property Location: 3719 NC 55 Highway
Request: Approval to establish a mini-storage use
Acreage: 6.96
Speaker: Mr. Kevin Hales and Ms. Kelly Commiskey
Planning and Zoning Board recommendation: recommended approval by vote of 8-1
Proposed council action: council may take action (Approved)

G.   COMMITTEE REPORTS (discussion items)

1.   Operations Committee, July 10, 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)

      N/A

2.   Planning and Development Committee, July 15, 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)

      a.  Minor Subdivision Exemptions and Fee Relief Decision (PL09-004)
Committee unanimously recommended that staff develop an amendment to create a provision for subdividing existing single-family lots associated with previously approved subdivisions.  Committee further recommended approving a citizen’s request to be subject to the FY08 impact fees when his building plans are submitted for two subdivided lots because of the delay in the subdivision plan approval. (Directed staff to develop an amendment to create a provision for subdividing existing single family lots associated with previously approved subdivisions; did not approve the citizen's request to be subject to the FY08 impact fees when his building plans are submitted because ordinances do not allow for a reduction in or waiver to the fees)

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 from Council Member Jack Smith, and co-sponsored by Council Member Gale Adcock, to direct staff to study the pros and cons of allowing Cary citizens to keep chickens in the Cary town limits (currently only allowed in zoning districts that permit agricultural uses). Council may take one of the following three actions: (i) Refer the request to the appropriate committee meeting, at which time a staff report with staff recommendation will be prepared, or (ii) Refer the request to a future council meeting, at which time a staff report with staff recommendation will be prepared, or (iii) Decide not to pursue the council initiated request.  (Decided not to pursue the council-initiated request)

2.   Consideration of a request from Council Member Jennifer Robinson, and co-sponsored by Council Member Gale Adcock, to direct staff to compile information regarding decorative street lighting options. Council may take one of the following three actions: (i) Refer the request to the appropriate committee meeting, at which time a staff report with staff recommendation will be prepared, or (ii) Refer the request to a future council meeting, at which time a staff report with staff recommendation will be prepared, or (iii) Decide not to pursue the council initiated request.  (Directed staff to report back through the committee process with more information)

3.   Consideration of a request from Mayor Pro Tem Julie Robison, and co-sponsored by Council Member Jennifer Robinson, for the Town Council to support the concept of the Town of Cary co-sponsoring with the Cary Chamber of Commerce a "Town Hall Meeting" in the Council Chambers to be broadcast (including replays) on the Town’s government access channel 11. The invited guests for this town hall format event will be the candidates seeking office to represent NC in the US Senate in this November's election. If the council supports this concept, the next step will be for staff to investigate the fiscal impact and report back at the next council meeting for a final vote. Council may vote to either support or deny the concept as outlined herein. If council supports the concept, then staff will bring additional information to the August 14, 2008 council meeting for final council action. (Approved concept; directed staff to provide additional details)

I.    CLOSED SESSION (not called)

J.   ADJOURNMENT (12:50 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.