A.   COMMENCEMENT

1.    Call to Order (Provided)

2.    Ceremonial Opening (Provided)

3.   Adoption of agenda (Adopted with the removal of item H.3., Consideration of a council-initiated request from Council Member Robinson and co-sponsored by Council Member Frantz to begin the process of having Cary staff assist the council in working with the City of Raleigh, Wake County, and State legislators to redefine the distribution formula for the Food and Beverage tax and the Occupancy tax. This item will be on a future agenda.)

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 July 24, 2008 and the minutes of the town council work session held on July 22, 2008. (Approved)

b.   Consideration of approval of the July 2008 tax report. (Approved)

c.   Consideration of ratifying the appointments to the Citizen Issue Review Commission. (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-05, Kera Gardens
Location: 917 Reedy Creek Road
Current Zoning: Residential 40 (R-40)
Proposed Zoning: Residential 12 Conditional Use (R-12 CU)
Acreage: 8.0 ±
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 recommendation to approve
Proposed council action: Council may take action (Approved)

b.   REZONING 08-REZ-03, Highcroft Village and Fryar Planned Development District (PDD) Amendments
Location: north of Green Hope School Road, east of Fryars Frontier Trail and west of NC Highway 55
Request: transfer approximately 4.28 acres of land from Fryar PDD to Highcroft Village PDD, reduce unit count in Fryar PDD and increase density and revise maximum number of units in Tracts 4 and 5 of Highcroft Village PDD
Acreage: approximately 49.38
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 recommendation to approve
Proposed council action: Council may take action (Approved)

c.   SITE PLAN 07-SP-038, Chatham Pointe
Location: 901 West Chatham Street
Request: The applicant, T.O.W., Inc., represented by Horvath Associates, has requested approval of a development plan to construct 10 townhouses and 14 patio homes
Speaker: Mr. Greg Barnes
Planning and Zoning Board Recommendation: Unanimous recommendation to approve
Proposed council action: Council may take action (Approved)

d.   SITE PLAN 07-SP-115, McDonald’s
Location: 1299 Kildaire Farm Road
Request: The applicant, McDonald’s USA, LLC, represented by Commercial Site Design, PLLC, has requested approval of a development plan to demolish and rebuild a restaurant with drive-through services. The plans propose to reduce the required amount of parking from 42 to 35 parking spaces, representing a 17% reduction in the required parking.
Speaker: Mr. Greg Barnes
Planning and Zoning Board Recommendation: Unanimous recommendation to approve
Proposed council action: Council may take action (Approved)

3.   Operations Committee, August 7, 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)

a.   Recommendations Regarding the Council Directed Reduction to the FY2009 General Fund Budget (AD09-001)
Committee unanimously recommended approval of the identified list of reductions to the general fund operating budget totaling $3,506,378 and the associated detailed budget ordinance and general ledger account adjustments necessary to implement these changes. (Approved)

b.   Request for Additional Funding – White Oak and Bachelor Branch Interceptor and Pump Station Elimination Projects (EN09-005)
Committee unanimously recommended additional funding in the amount of $75,200 be transferred from the Green Level Interceptor Project (SW1130), which currently has a budget of $5,775,000, to the White Oak and Bachelor Branch Interceptor and Pump Station Elimination Project (SW1098). (Approved)

c.   PSNC Easement Request (EN09-011)
Committee unanimously recommended approval of a request from PSNC for an easement across Town property located to install a gas line on Kildaire Farm Road. (Approved)

d.   Contract Award – Professional Services for the Kit Creek Pump Station Phase 2 Expansion Project (EN09-013)
Committee unanimously recommended awarding a contract to Brown and Caldwell for professional engineering design and construction administration services related to the Kit Creek Pump Station Phase 2 Expansion project with a not-to-exceed value of $98,800 and an additive alternative contract to Brown and Caldwell for potential permitting work on SEPA EA/EIS, stream buffer, and floodplain associated with this project with a value of $10,200. (Approved)

e.   Contract Award – Professional Services for the Wastewater Pump Station Improvements Project (EN09-014)
Committee unanimously recommended awarding a contract to Stearns and Wheler for professional engineering design and construction administration services related to the Wastewater Pump Station Improvements project with a not-to-exceed value of $102,680. (Approved)

f.    Condemnation Resolutions – Campbell Road Gravity Interceptor Project (EN09-015)
Committee unanimously recommended approval of condemnation resolutions to secure necessary easements for the Campbell Road Gravity Interceptor Project. (Approved)

g.   Requests for Assistance with Street Storm Drainage System Rehabilitation (EN09-016)
Committee unanimously recommended approval of requests for assistance with street storm drainage system rehabilitation as part of the Town’s annual storm drainage improvements. (Approved)

h.   Installment Purchase Contract Resolution (FN09-001)
Committee unanimously recommended approval of a resolution accepting a proposal by RBC Bank for a ten-year term installment purchase agreement at a fixed rate of 3.56% to finance the purchase of two fire trucks. (Approved)

i.    Town Center Park PARTF Grant Conversion (PR09-004)
Committee unanimously recommended approval of conducting a public hearing regarding conversion of a PARTF grant from Town Center Park property to a replacement park property. (Approved)

j.    Merging Teen Advisory Committee and Teen Council Executive Board (PR09-006)
Committee unanimously recommended that responsibilities of the Teen Advisory Committee be merged into the duties of the Teen Council Executive Board and that staff be directed to proceed with the process of removing the Teen Advisory Committee language from the Town Code and related Policy Statements.  (Approved)

k.   Cary Depot Municipal Agreement (EN09-012)
Committee unanimously recommended entering into a Municipal Agreement with the North Carolina Department of Transportation for renovations to and expansion of the Cary Depot. (Approved)

l.    Specialized Recreation Study Implementation (PR09-005)
Committee unanimously recommended approval of the Specialized Recreation Study and directing staff to implement a phased approach to developing a proposal for a new program area that will initiate a number of the study recommendations for consideration during the FY10 budget process. (Approved)

m.  Solar Photovoltaic Electrical System for the Cary/Apex Water Treatment Plant (PWUT09-002)
Committee unanimously recommended directing staff to complete detailed negotiations and to enter into a contract with a solar energy system supplier associated with Solar Energy Concepts for a pilot project to provide a solar photovoltaic electrical power system at the Cary/Apex Water Treatment Plant, ensuring that all statutory requirements for procurement are met, noting that staff is to return to council for further consideration if any of the costs or terms deviate materially from those outlined in this staff report. (Approved)

C.   RECOGNITIONS, REPORTS, AND PRESENTATIONS

1.   Special presentation by the Triangle J Capital Trees Program. (Presented)

D.   PUBLIC SPEAKS OUT (see official minutes)

E.   PUBLIC HEARINGS 

1.   MIXED USE SKETCH PLAN 08-MU-002, Old Apex Townhomes
Location: 1544 Old Apex Road, approximately 1,000 feet northwest of SW Cary Parkway
Current Zoning: Residential 40 (R-40) within the Mixed Use Overlay District
Request: Mixed Use Sketch Plan – 19 townhomes
Acreage: 2.84±
Speaker: Mr. Kevin Hales
Proposed council action: Refer to the October 20, 2008 Planning and Zoning Board meeting (Referred to 10/20/08 planning and zoning board meeting)

2.   MIXED USE SKETCH PLAN 08-MU-004, Amendments to the Alston Activity Center Concept Plan
Location: Interchange of I-540 and NC Highway 55
Current Zoning: Base zoning varies with Alston Regional Mixed Use Overlay District
Request: Zoning unchanged; amendments are requested to the Alston Activity Center Concept Plan
Acreage: 810.22±
Speaker: Ms. Meredith Chandler
Proposed council action: Refer to the September 15, 2008 Planning and Zoning Board meeting (Continued public hearing to the 9/11/08 council meeting)

3.   REZONING 08-REZ-08, Green Level Church Road Map Correction
Location: 9625, 9648, 9708, and 9716 Green Level Church Road
Current Zoning: Residential 40 (R-40) and Residential 40 (R-40) within the Conservation Residential Overlay District, Very Low Density Conservation Residential sub-district
Requested/Corrected Zoning: Residential 40 (R-40) within the Conservation Residential Overlay District, Low Density Conservation Residential sub-district and Rural sub-district
Affected Acreage: 41.1 ±
Speaker: Mr. Scott Ramage
Proposed council action: Council may take action (Tabled until 8/28/08 council meeting)

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, August 7, 2008 (any item pulled from the committee consent agenda for discussion [agenda item B.3.] will be discussed during this portion of the agenda)

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)

1.   Railroad Crossing ClosureS
Subject: 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. The council tabled this item after the public hearing conducted on July 24, 2008.
Speaker: Mr. Tim Bailey
Proposed council action: council may take action (Approved)

2.   Consideration of a council-initiated request from Mayor Weinbrecht and co-sponsored by Mr. Portman to direct staff to review a potential ordinance amendment to limit the hours of operation of daycare centers that are located in residential districts. The council may take one of the following actions: (1) refer the request to the appropriate committee or council meeting, at which time a staff report with staff recommendation will be prepared, or (2) decide not to pursue the council initiated request. (Approved for staff to bring the issue to a future committee meeting)

3.   Consideration of a council-initiated request from Council Member Robinson and co-sponsored by Council Member Frantz to begin the process of having Cary staff assist the council in working with the City of Raleigh, Wake County, and State legislators to redefine the distribution formula for the Food and Beverage tax and the Occupancy tax. The council may take one of the following actions: (1) Discuss the issue and take action at the meeting if no information is required from staff and if council does not seek public input; (2) refer the request to the appropriate council or committee meeting, at which time a staff report with staff recommendation will be prepared; or (3) decide not to pursue the council initiated request. (Removed from agenda)

I.    CLOSED SESSION (called)

J.   ADJOURNMENT (9:40 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.

Council meetings are broadcast live on Cary TV 11 the night of the meeting and are rebroadcast the Friday following the meeting at 9:30 a.m., the Saturday following the meeting at 6:30 p.m., and the Sunday following the meeting at 2 p.m.