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 August 23, 2007, and the minutes of the Cary and Morrisville joint meeting held on August 21, 2007. (Approved)

2.   Operations Committee, September 6, 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.   Funding Source Reclassification - Symphony Lake Greenway Bridge (AD08-001)
Committee unanimously recommended approval of the reclassification of $20,000 in FY2008 funding provided by the Cary Road Race organization to the PR1122 Symphony Lake Greenway bridge project from contributions/donations to general fund transfer. (Approved)

b.   Connectivity – Criteria to Connect Existing Roads (EN08-026)
Committee unanimously recommended adopting the criteria for road connectivity to be funded from $300,000 currently appropriated to the ST1167 FY 2008 Connectivity project. (Approved)

c.   Contract Award – Soils and Materials Testing (EN08-030)
Committee unanimously recommended that GeoTechnologies, Inc., and TerraTech Engineers, Inc., be awarded contracts to provide on-call type soils and materials testing services for a contract duration of two years. (Approved)

d.   Morrisville Parkway Extension Project Condemnation Resolutions (EN08-031)
Committee unanimously recommended approval and execution of condemnation resolutions for right-of-way and easements for the Morrisville Parkway Extension Project. (Approved)

e.   Bid Award – Hazelwood Subdivision and Wild Weasel Way Water and Sewer Extension Projects (EN08-032)
Committee unanimously recommended awarding the Hazelwood Subdivision and Wild Weasel Way Water and Sewer Extension Project in the total amount of $337,020 to Hendrix-Barnhill Co., Inc. (Approved)

f.    Evans Road Widening Project Condemnation Resolution (EN08-033)
Committee unanimously recommended approval of a condemnation resolution related to securing the necessary right-of-way and easements needed for the Evans Road Widening Project. (Approved)

g.   Multi-way Stop Signs (EN08-034)
Committee unanimously recommended approval of the installation of multi-way stop signs and the ordinance changes for Queensferry Road and Govan Lane. (Approved)

h.   Bid Award – Service Ladder Truck Replacement (FD08-001)
Committee unanimously recommended approval of a piggyback bid award for the purchase of a 105’ aerial ladder truck with Pierce Manufacturing Inc. for $712,781 saving an estimated $42,000 in product price increases and 30-60 days of staff time associated with bidding for a new vehicle. (Approved)

i.    Pre-Employment Background Checks (HR08-001)
Committee unanimously recommended amending the Personnel Ordnance, expanding background checks to all internal and external final candidates applying for a regular, temporary or contracted position with the Town of Cary to ensure quality hires and eliminating or minimizing negligent hiring liability. (Approved)

j.    Amendments to Schedules (PD08-006)
Committee unanimously recommended adoption of an ordinance amendment to the Town Code Sec. 34-329 (stop streets) and Sec. 34-330 (subordinate streets). (Approved)

k.   Policy to Conduct Criminal Background Checks for Volunteers (PR08-004)
Committee unanimously recommended implementing a policy to conduct criminal background checks for volunteers who have direct contact with PRCR “Vulnerable Population” participants. (Approved)

l.    Bid Award - White Oak Creek Greenway (PR08-005)
Committee unanimously recommended awarding the bid for construction of the White Oak Creek Greenway - Phase IV (PR1057) to Narron Contracting, Inc. for $571,490. (Approved)

m.  PRCR Athletics Division Reorganization (PR08-006)
Committee unanimously recommended consideration of staffing reorganization within the Parks, Recreation and Cultural Resources Athletics Division. (Approved)

n.   Integrated Water Resources Management Plan (PWUT08-001)
Committee unanimously recommended adoption and implementation of the Integrated Water Resources Management Plan. (Approved)

o.   WaterSense Partnership (PWUT08-002)
Committee unanimously recommended entering into an agreement with the EPA to be a WaterSense Partner. (Approved)

p.   Revised Amendment No. 2 to Interlocal Agreement for Design, Construction, Ownership, Management and Operation of Western Wake Regional Wastewater Management Facilities (PWUT08-003)
Committee unanimously recommended approval of the revised Amendment No. 2 to Interlocal Agreement for Design, Construction, Ownership, Management and Operation of Western Wake Regional Wastewater Management Facilities. (Approved)

q.   Chatham County Water Intake Agreement (PWUT08-004)
Committee unanimously recommended approval of amendments to the Interlocal Agreement for Water Intake Service with the Town of Apex and Chatham County. (Approved)

r.    New Project – Phase II of a Stream Restoration (EN08-004)
Committee unanimously recommended approval of endorsement of the overall concept of stockpiling mitigation credits and pursuing additional projects that would allow the Town to obtain additional mitigation credits, with $650,000 being appropriated from the general capital reserve unrestricted fund balance to establish a new capital project to be known as Second Phase of a Stream Restoration of an Unnamed Tributary to Swift Creek. (Approved)

C.   RECOGNITIONS, REPORTS, AND PRESENTATIONS

N/A

D.   PUBLIC HEARINGS 

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
Proposed council action: council may forward to the December 17, 2007 Planning & Zoning Board meeting (Referred to 12/17/07 P&Z Board meeting)

 2.   ANNEXATION PETITION 07-A-11
Property addresses: 5013, 5016, 5020, 5128 NC 55 Highway; and other unaddressed properties (at the intersection of NC55 Highway and O'Kelly Chapel Road)
Acreage: 125.19
Zoning: Industrial 11 Wake (I-11 W) and Office, Research & Development (ORD)
Contiguous to Corporate Limits: No
Proposed use: Mixed use development
Associated development: Rezoning 07-REZ-06, Parkside Town Commons
Speaker: Mr. Dan Matthys
Proposed council action: Defer action to item F.1.a. on this agenda (Deferred to agenda item F.1.a.)

E.   PUBLIC SPEAKS OUT (no one spoke)

F.   LAND DEVELOPMENT DISCUSSION ITEMS

1.   Parkside Town Commons development 

a.   ANNEXATION PETITION 07-A-11
Property addresses: 5013, 5016, 5020, 5128 NC 55 Highway; and other unaddressed properties (at the intersection of NC55 Highway and O'Kelly Chapel Road)
Acreage: 125.19
Zoning: Industrial 11 Wake (I-11 W) and Office, Research & Development (ORD)
Contiguous to Corporate Limits: No
Proposed use: Mixed use development
Associated development: Rezoning 07-REZ-06, Parkside Town Commons
Proposed council action: council may take action (public hearing was conducted as item D.2. on this agenda) (Approved)

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 ±
Planning & Zoning Board recommendation: unanimous to approve
Presenter: Ms. Meredith Chandler
Proposed council action: council may take action (Approved)

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 ±
Planning & Zoning Board recommendation: 5-1 to approve
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.
Presenter: Mr. Kevin Hales
Proposed council action: council may take action (Approved)

G.   COMMITTEE REPORTS (discussion items)

1.   Planning and Development Committee, August 16, 2007  

a.   Center for Caring (Hospice of Wake County) Request for Waiver of Thoroughfare Improvements (EN08-024)
Committee unanimously recommended requiring a right-of-way dedication associated with the proposed Center for Caring development, but granting a waiver from requiring construction of the Cary Parkway Extension through the Hospice site. (NOTE: This item was removed from the August 23, 2007 council meeting agenda at the applicant's request.) Council may take action. (Approved waiver of road dedication and waiver of road improvements) 

2.   Operations Committee, September 6, 2007 (any item pulled from the committee consent agenda for discussion [agenda item B.3.] will be discussed during this portion of the agenda)

a.   Status of Water, Sewer and Transportation Development Fee Review (AD08-002)
Mr. Roseland requested this staff report be updated to include the Town's anticipated schedule for implementation of the newly authorized Park payment-in-lieu for multifamily units as approved on July 30, 2007 by the NC General Assembly. Council may take action. (Approved the staff report, including adoption of the following goals:  development pays impact fees to offset all, or a portion, of costs; simple system which will have low administrative costs; similar to adjacent communities to prevent confusion; fees should be set considering adjacent communities (several communities have raised fees recently); legal (meet rational nexus test, treat similar customers equally, and link fees to impact); meet Town’s development goals (e.g.  reduced rates for development downtown); adjusts for rational utility system so each community pays its share but no more (Note: Our fees cover Cary, Morrisville, RTP South); system allows fees to be adjusted on an annual basis concurrent with the budget process when necessary to reflect cost variability in the respective capital projects deemed necessary to provide new capacity (e.g. if construction cost indexes increase, then the fees may increase as well to help fee levels better keep pace over time with the construction costs of the projects which they are intended to support). In addition council received information that the LDO amendment will take about three months to implement the payment-in-lieu for multifamily units.)

b.   Installation of Narrow Median Along Roadways (EN08-028)
Committee unanimously recommended using stamped concrete medians on narrow medians at left turn lanes on future Town of Cary funded thoroughfare projects.  Committee further recommended that options using wider medians allowing landscaping along the entire length of median divided thoroughfares be evaluated during Council's review of the Cary Comprehensive Transportation Plan Update. Council may take action. (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)

N/A

I.    CLOSED SESSION (called)

J.   ADJOURNMENT (8:29 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.