A.   COMMENCEMENT

1.    Call to Order (Provided)

2.    Ceremonial Opening (Provided)

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

The council is requested to add the following as agenda item B.1.c.:

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 September 27, 2007, the minutes of the work session with Chatham County officials held on September 18, 2007, and the minutes of the work session on the mixed use overlay district designation held on October 2, 2007. (Approved)

b.   Consideration of reappointing Bob Hinshaw as Cary’s representative to the Triangle Transit Authority (TTA) for a four-year term ending on November 30, 2011, and receipt of a report from TTA. (Approved)

c.   Consideration of designating Council Member Julie Robison as Cary's voting delegate at the N.C. League of Municipalities Annual Business Meeting that will be conducted on Tuesday, October 16, 2007. (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.   Comprehensive Plan Amendment 07-CPA-07, Davis Drive
Location: 3399 Davis Drive; southwest corner of Davis Drive and Morrisville Parkway
Current Comprehensive Plan: Office/Institutional (OFC/INS)
Proposed Comprehensive Plan: Medium Density Residential (MDR)
Acreage: 6.49 ±
Speaker: Mrs. Anna Readling
Planning and Zoning Board Recommendation: unanimous to approve
Recommended Council Action: Council may take final action (Approved)

b.   REZONING 07-REZ-16, Davis Grove Office Park
Location: Davis Grove Circle at Davis Drive
Current zoning: Office/Research and Development Conditional Use (ORD-CU)
Requested zoning: Office and Institutional Conditional Use (OI-CU) to permit personal services uses
Acreage: 4.95 ±
Speaker: 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: unanimous to approve
Recommended Council Action: Council may take final action (Approved)

3.   Operations Committee, October 4, 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) (Ms. Dorrel)

a.   Smoking Prohibited in Town Buildings and C-Tran Vehicles (AD08-003)
Committee unanimously recommended amending Chapter 14 of the Town of Cary Code of Ordinances to prohibit smoking in Town Facilities, including all buildings and C-Tran vehicles, and deleting Policy Statement 92 providing for smoking areas. (Approved)

b.   Funding Request for Modifications to the Gatehouse Drive/Oalry Drive Culvert Replacement Project (EN08-027)
Committee unanimously recommended that an additional $120,000 in general fund fund balance be appropriated to the GG1068 Storm Drainage – Town Properties project to fully address the culvert replacement needs at Gatehouse Drive and Oalry Drive, bringing the total project budget to $1,757,858 and the available funds for the Gatehouse Drive and Oalry Drive work to $490,214. (Approved)

c.   Utility Service to the Highcroft Village PUD  (EN08-036)
Committee unanimously recommended entering into a reimbursement contract with Impact Properties Group for an off-site sewer line to serve the Highcroft Village PUD. (Approved)

d.   FY07 Developer Agreement Update and Annual Reimbursements (EN08-037)
Committee unanimously recommended that  reimbursements by the Town, in accordance with the Transportation Development Fee Ordinance and current developer agreements, be approved and distributed from the Transportation Development Fee account. (Approved)

e.   Contract Award – Survey of Sanitary Sewer Manholes in Morrisville Flood Zones (EN08-039)
Committee unanimously recommended that Stewart Engineering be awarded a contract to survey the sanitary sewer manholes in Morrisville’s flood zones. (Approved)

f.    FY07 Water and Sewer Reimbursement Contracts Update and Annual Reimbursements (EN08-040)
Committee unanimously recommended that reimbursements by the Town, in accordance with the Water and Sewer System Extension Policy and current Water and Sewer Reimbursement Contracts, be approved and distributed from the Sewer Development Fee account. (Approved)

g.   Revisions to Standard Procedure 75 and the Finance Policy (FN08-003)
Committee unanimously recommended approval of Standard Procedure 75: Selection of Architectural, Engineering, Surveying and Construction Management at Risk Services and corresponding revisions to Section VI of the Finance Policy. (Approved)

h.   Evans Road Widening Project: Revised Condemnation Resolution (EN08-042)
Committee unanimously recommended adoption of a revised condemnation resolution related to the Evans Road Widening Project. (Approved)

i.   Amendments to Schedules (PD08-007)
Committee unanimously recommended adoption of an ordinance amendment to the Town Code Sec. 34-329. (Approved)

j.    Amendments to Schedules (PD08-008)
Committee unanimously recommended adoption of an ordinance amendment to the Town Code Sec. 34-324. (Approved)

k.    Amendments to Schedules (PD08-009)
Committee unanimously recommended adoption of an ordinance amendment to the Town Code Sec. 34-334. (Approved)

l.   FY 2008 Sidewalk Priority List (PL08-012)
Committee unanimously recommended that projects 1 through 11 of the FY 2008 Sidewalk Priority List be designed and constructed with the $1,000,000 budgeted for FY 2008.  Committee also recommended waiving the standard five-foot utility strip requirement for projects 10 and 11, where necessary due to existing site constraints, to accommodate the sidewalk on the back of curb. (Approved)

m.  Incorporation of 2007 Session Laws and Adoption of a Resolution (TC08-001)
Committee unanimously recommended incorporating Session Laws 2007-22, 2007-66 and 2007-321 into the Town of Cary Charter and adoption of a resolution to implement Session Law 2007-22 pertaining to closing-out sales. (Approved)

n.  Koka Booth Amphitheatre at Regency Park – Management Plan and Budget (PR08-008)
Committee unanimously recommended approval of the management plan and budget for the 2008 season as prepared by SMG to manage Booth Amphitheatre as follows. (Approved)

·     Approve of SMG’s Management Plan and Budget for the 2008 season;

·     Reject of SMG’s request to increase the decibel limit at the Amphitheatre;

·     Approve of reducing the Amphitheatre special revenue fund budget at October 31, 2007 for the first four months of the Town’s fiscal year 2007 to equal expenses for the same time period and returning the remaining cash flow balance to the Amphitheatre Fund fund balance which is currently expected to be $523,065;

·     Appropriate the $523,065 from the Amphitheatre Fund fund balance and the remaining amount of $453,527 from General Fund fund balance, a total of $976,592, to the respective Amphitheatre Fund accounts necessary to execute the 2008 season, with the understanding that these respective amounts may be adjusted to correspond with the actual amounts remaining at the end of October 2007;

·     Recognize a reimbursement of $221,862 from the Amphitheatre Fund to the General Fund’s Facilities Management division for the 2008 season support ($190,862 support + $31,000 special projects); and,

·     Appropriate $400,000 from General Capital Reserve unrestricted Fund Balance for the use of Crescent Kitchen Improvements.  For expenditure purposes, these funds should be budgeted within the equipment account of a newly created Crescent Kitchen capital project.

o.   NC Legislative Agenda Update (AD08-004)
Committee unanimously directed staff to proceed toward a program of reducing or rebating building permit fees for buildings which are certified as using sustainable building techniques. (Approved)

C.   RECOGNITIONS, REPORTS, AND PRESENTATIONS

N/A

D.   PUBLIC HEARINGS 

1.   REZONING 07-REZ-19, Old Apex Rezoning
Location: 1517 and 1521 Old Apex Road
Current zoning: Office, Research and Development Conditional Use (ORD-CU)
Requested zoning: Industrial Conditional Use (I-CU) to permit certain industrial uses
Acreage: 2.87 ±
Speaker: Ms. Jennifer Currin
Recommended council action: Refer to the December 17, 2007 Planning and Zoning Board meeting (Referred to 12/17/07 P&Z meeting)

2.   REZONING 07-REZ-21, Weldon Ridge Planned Development District (PDD) Amendment
Location: Southwest of the New Hope Church and Yates Store Roads intersection in Chatham County
Request: to remove a portion of the school site and add single-family units
Acreage: 47.7 ±
Speaker: Ms. Jennifer Currin
Recommended council action: Refer to the December 17, 2007 Planning and Zoning Board meeting (Referred to 12/17/07 P&Z meeting)

3.   REZONING 07-REZ-22, Greystone Planned Development District (PDD) Amendment
Location: East of Green Level to Durham Road and west of proposed I-540
Request: To allow Multi-Family (MF) as an additional use in a portion of Tract A
Acreage: 10.8 ±
Speaker: Ms. Jennifer Currin
Recommended council action: Refer to the December 17, 2007 Planning and Zoning Board meeting (Referred to 12/17/07 P&Z meeting)
 

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)

N/A

G.   COMMITTEE REPORTS (discussion items)

Operations Committee, October 4, 2007 (any item pulled from the committee consent agenda for discussion [agenda item B.3.] will be discussed during this portion of the agenda) (Ms. Dorrel)

N/A

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 (not called)

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.