MINUTES (action taken by council is noted in bold red text next to each item)

A.  COMMENCEMENT

1.    Call to Order (Provided)

2.    Ceremonial Opening (Provided)

B.  CONSENT AGENDA

1.    Regular Consent Agenda (any regular consent agenda item pulled for discussion will be discussed at the beginning of the old/new business portion of the agenda)

a.    Consideration of approval of the minutes of the regular town council meeting held on January 22, 2004. (Approved)

b.    Consideration of adoption of a resolution directing staff to investigate the sufficiency of annexation 04-A-02, 331.51 acres. (Approved)

c.    Consideration of adoption of a certificate of sufficiency and a resolution calling for a public hearing on annexation 04-A-01, 70.81 acres. (Approved)

d.    Consideration of adoption of a resolution making certain findings and determinations, authorizing the filing of an application with the Local Government Commission, and requesting the Local Government Commission to sell bonds at a private sale in connection with the issuance of revenue bonds by the Town. (Approved)

2.    Planning and Zoning Board Consent Agenda (any planning and zoning board consent agenda item pulled for discussion will be discussed at the beginning of the planning and zoning board’s discussion portion of the agenda)

N/A

3.    Town Center Review Commission Consent Agenda (any town center review commission consent agenda item pulled for discussion will be discussed at the beginning of the town center review commission’s discussion portion of the agenda)

a.    03-SP-225, Chatham Professional Park, site plan (Approved)

4.    Operations Committee consent agenda, February 4, 2004 (any committee consent agenda item pulled for discussion will be discussed at the beginning of the committee discussion portion of the agenda)  

a.    Consent Agenda

(1) Bid Award – N.W. Maynard Road and Other Improvements Project (ST1114) (EN04-058)
Committee unanimously recommended that Narron Construction, Inc. be awarded the construction contract for the NW Maynard Road and Other Improvements Project for the low bid of $749,400.45. (Approved)  

(2) Bid Award – Glasgow Road Bridge Replacement (EN04-59)
Committee unanimously recommended that C. C. Mangum Contractors be awarded the construction contract for the Glasgow Road Bridge Replacement Project at the bid price of $417,785. (Approved)  

(3) Larkwood Lane Petition for Water and Sewer Service (EN04-61)
Committee unanimously recommended approval of a petition for water and sewer service on Larkwood Lane. (Approved)  

(4) Reappointment of Bob Heater to the Local Fireman’s Relief Fund Board (FD04-03)
Committee unanimously recommended reappointment of Bob Heater to the Cary Fire Department’s Local Fireman’s Relief Fund Board. (Approved)  

(5) Designation of Official Depositories (FN04-10)
Committee unanimously recommended authorizing Wachovia Bank, N.A., RBC Centura and First Citizens Bank as official depositories for the town and that checks be signed by one or more of the following positions:  Finance Director, Accounting Manager, Financial Analyst, Town Manager, Assistant Town Manager. (Approved)   

(6) Police Retirement Funding (FN04-11)
Committee unanimously recommended approval of an appropriation of $10,000 from Pension Trust fund balance to Pension Trust expenditure accounts to fund retirement payments for the remainder of FY04. (Approved)  

(7) Technical Correction to Policy Statement 74 (HR04-02)
Committee unanimously recommended approval of a technical correction to the Policy Statement Military Leave – Call-Up for Active Duty due to Retirement System provisions. (Approved)  

(8) Revise Safety Policies and Procedures (HR04-03)
Committee unanimously recommended approval of the revised Employee Safety Policy Statement #36 and that Policy Statements #84, #88, #91, #97, and #100 be rescinded because they have been approved by the town manager as standard procedures. (Approved)  

(9) Bike Month Proclamation (PL04-037)
Committee unanimously recommended approval of a proclamation annually declaring May as Cary Bike Month. (Approved)  

(10) Wake County Human Services Mini-Grant Application (PR04-26)
Committee unanimously recommended endorsement for the submittal of a mini-grant application to Wake County Human Services to assist in funding youth participant scholarships. (Approved)  

(11) C-Tran Status Report and Recommended Service Changes (PL04-020a)
Council unanimously recommended that staff be authorized to:  1) initiate new subcontractor services for Wake Tech, Raleigh, Durham and Chapel Hill, 2) initiate a service agreement with TTA for the provision of ADA-eligible trips to Durham and Chapel Hill, 3) discontinue services to destinations other than Raleigh, Durham, Chapel Hill, Morrisville, and Apex, 4) discontinue Saturday service outside of Cary, and 5) move forward with plans to provide RDU service contingent on the NC Moving Ahead Program capital funds. (Approved)  

(12) Collector Avenue Policy (PL04-035)
Committee unanimously recommended approval of a Collector Avenue Policy Statement. (Pulled from the consent agenda; refer to item H.1.a. for action )  

b.    For Information Only (no council action required)

(1) ISAB Annual Report (AD04-009) 
Information Services Advisory Board’s Year End Report on Activities (no action required)

(2) Annual Turnover Report (HR04-01) (no action required)

(3) Development Fees Reduction (EN04-060)
Committee recommended approval of staff recommendations and requested that staff study fee structures in the Walnut Corridor and Crossroads area.  This item will be presented to the Planning and Development Committee on February 19, and then to the full council for decision on February 26, 2004. (no action required)

(4) Veterans Freedom Park Request for Funds (PR04-27)
The committee recommended that staff work with Veterans Freedom Park Foundation to refine the needs of the group pertaining to the scoping of the project and bring this item to the council at the February  26 meeting. (no action required)

C.  RECOGNITIONS, REPORTS, AND PRESENTATIONS

1.    Recognition of the following Town of Cary employees for their acts of heroism: James Lyons, Solid Waste Crew Leader; Drew Dixon, Solid Waste Collector; and James Watson, Solid Waste Collector. (Recognized)

2.    Recognition of the following Public Works/Utility Department staff on receipt of the Director’s Award for the Partnership for Safe Drinking Water, Phase III: Joel Arnold, Kelvin Creech, and Rob Bonne. (Recognized)

D.  PUBLIC HEARINGS

1.    Public hearing and consideration of referral to the Planning and Zoning Board: Rezoning 04-REZ-01 / 04-LPA-01 (Glenaire): Application by Glenaire on behalf of three land owners to rezone approximately 1.05 acres located in Wake County at 802 and 804 Kildaire Farm Road. The land is currently zoned Residential-12 within the Cary Town Limits and is proposed for rezoning to Office and Institutional Conditional Use. (Referred to 4/19/04 Planning & Zoning Board meeting)

2.    Public hearing and consideration of referral to the Planning and Zoning Board: Rezoning 04-REZ-02 (Powell/Ten-Ten): Application by Elam Todd d’Ambrosi on behalf of Windjam Development to rezone approximately 54 acres located in Wake County at 3525 Ten Ten Road and a tract north and east of 3825 Ten Ten Road. The land is currently zoned Residential-40 within the Cary Planning extraterritorial jurisdiction and is proposed for rezoning to Residential-12 Conditional Use.  The proposal will allow for low density single family detached residential. (Referred to 4/19/04 Planning & Zoning Board meeting)

3.    Note the rules for special uses. All speakers must be administered an oath by the town clerk the night of the meeting prior to speaking.

Public hearing and consideration of approval of Special Use 04-SU-001: The applicant, D’Amoto Design Associates, representing RR&B Investments, LLC, has requested special use and site plan approval in order to open a private school on property located at 112 Byrum Street. The property contains 2.13 acres, is within the Town Center District and has a sub-zoning designation of Medium Density Residential (MDR).  According to Section 5.2.2(C)(1) of the Land Development Ordinance, schools located on less than 20 acres are considered special uses within the MDR District and must be approved by the Town Council. (Refer to item G.1. 03-SP-240 for the associated site plan on this agenda.) (Approved)

E.  PUBLIC SPEAKS OUT (one hour time limit)

See official minutes

F.  PLANNING AND ZONING BOARD REPORT (discussion items)

1.    Consideration of approval of Rezoning 03-REZ-16, Godwin/Jones/Riggsbee Planned Development District:  Application by Jerry Turner and Associates, Inc., for multiple property owners, to rezone properties from R-40 Residential to Planned Development District (PDD) Major. The proposal will allow for 155 single family dwelling units. The proposal also includes 16.29 acres dedicated to open space, 0.51 acres dedicated to Major Right of Way. The property contains approximately 70.20 acres and is located at west of Green Level To Durham Road, south of Carpenter Fire Station Road, and east of Yates Store Road. (Approved)

G. TOWN CENTER REVIEW COMMISSION (discussion items)

1.    03-SP-240, Heartwood Montessori School, site plan. (This site plan is associated with item D.3., 04-SU-001, on this agenda.) (Approved)

H.  COMMITTEE REPORTS (discussion items)

1.    Operations Committee, February 4, 2004  

(a) Collector Avenue Policy (PL04-035)
Committee unanimously recommended approval of a Collector Avenue Policy Statement. (Tabled indefinitely; staff will bring the item back through the operations committee after receiving input from the development community)

(b) Tennis Center Operations (PR04-25)
Committee recommended approval for the town to provide in-house management of the Cary Tennis Center and town tennis services. (Approved)

I.   OLD/NEW BUSINESS

1.    Consideration of approval of Rezoning 03-REZ-15 (Pulte High House):  Application by Elam Todd d'Ambrosi for Milton A. & Brenda J Cox, Jr., owners, to rezone properties from Residential-40 to Residential-8 Conditional Use. The 54.76 acre property is located at the north side of High House Road (east of Weatherstone subdivision and west of Maynard Crossing Shopping Center). (Approved; directed staff to add the Maynard Court Crossing connection to the road list for the capital improvement program [cip] in the next fiscal year budget discussion)

2.    Consideration of approval of annexation 03-A-08, Milton A. & Brenda J. Cox and Marguerite F. Cox, 54.76 acres. (Approved)

J.  LEGAL AND ADMINISTRATIVE ISSUES

Closed session was not called.

K.  ADJOURNMENT  

     Adjourned at 8:45 p.m.