MINUTES (Action taken by council is noted in bold red text next to each item. Due to the length of the minutes, they've been separated into sections to match the agenda. Click on the portion of the minutes you'd like to see.)

A.  COMMENCEMENT

1.    Call to Order (Provided)

2.    Ceremonial Opening (Provided)

B.  CONSENT AGENDA

CONSENT AGENDA items are items unanimously recommended for approval by all involved parties. The agenda has four distinct consent agenda: (1) the regular consent agenda contains standard items that go directly to council in which staff unanimously recommends approval; (2) the planning and zoning board consent agenda contains items that have been unanimously approved by the planning and zoning board and staff and only require a simple majority vote; (3) the town center review commission consent agenda contains items that have been unanimously approved by the town center review commission and staff and only require a simple majority vote; (4) the committee consent agenda contains items that have been unanimously approved by the appropriate council committee and staff. A single vote may be taken for the approval of ALL consent agenda items.

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 April 29, 2004. (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)

a.   03 REZ-17/03-LPA-09 (Twin Lakes Planned Development): Application by Elam Todd d’Ambrosi on behalf of four landowners to rezone approximately 300 acres of land located in Wake County east of Davis Drive and north and south of McCrimmon Parkway . The land is currently zoned Residential-40 and Office, Research and Development within the Cary Town Limits and is proposed for rezoning to Planned Development District-Major. (Approved)

b.   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. (Approved)

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.   Consideration of approval of Cary Visual Art, Inc., temporary public art exhibition program in downtown Cary and the placement of sculptures on the proposed private and Town owned sites. (Approved)

4.   Operations Committee consent agenda, May 5, 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 – Union Street Water Main Replacement Project (EN04-081)
Committee unanimously recommended that the low bidder, Sandhills Contractors, Inc., be awarded the construction contract for the Union Street Water Main Replacement Project at the bid price of $173,879 and that project account WT1063 be combined into WT1080 to fund construction of this project. (Approved)

(2)      Tryon Road Widening Project (EN04-082)
Committee unanimously recommended adopting condemnation resolutions for Progress Energy to facilitate construction of the Tryon Road widening project. (Approved)  

(3)      Odor Identification and Abatement Study (EN04-084)
Committee unanimously recommended creating a new capital project for the North Cary Water Reclamation Facility Odor Identification and Abatement Study by transferring $90,000 from utility capital reserve unrestricted fund balance to the new project SW1102. (Approved)  

(4)      911 Special Revenue Fund adjustment  (FN04-15)
Committee unanimously recommended that $8,682 be appropriated from General Fund balance and that the expenditure budget in the 911 Special Revenue Fund be increased by the same amount. (Approved)  

(5)      Classification and Pay Study (HR04-04)
Committee unanimously recommended approval of the classification and pay study recommendations with funds for implementation to be appropriated in the FY2005 budget for an effective date of July 1, 2004 . (Approved)  

(6)      Reedy Creek Church Road Renaming (IP04-006)
Committee unanimously recommended setting a public hearing for May 27, 2004 regarding renaming Reedy Creek Church Road to Research Drive .  If the change is implemented, a simultaneous update to the “Stop Streets Ordinance” to reflect the name change is also recommended. (Approved a public hearing to be held on 5/27/04)  

(7)        Recognition of Donated Funds and Recommended Expenditures (PD04-013)
Committee unanimously recommended recognition of the $1,500 donation from the Wal-Mart Corporation, and the following expenditures.  (Approved)

• (1 ea.) Specialized Rockhopper Comp, 21”” bike is $696 
• (1 ea.) Night Rider Evolution light set priced at $214
• (8 ea.) 5.11 Tactical Vest sizes XL  priced at $54 = $432
• (1 ea.) 5.11 Tactical Vest size XXL  priced at $65
• (1 case of 36) Child Bicycle Helmets $93 (with remaining costs covered by a non-profit agency)

(8)      2006-2012 Transportation Improvement Program Requests (PL04-057)
Committee unanimously recommended approval of the project list to be forwarded to CAMPO for inclusion in the 2006-2012 Transportation Improvement Program. (Approved)  

(9)      Amphitheatre at Regency Park (PR04-34)
Committee unanimously recommended 1) a two year extension of SMG’s management contract for the Amphitheatre at Regency Park , 2) direction to SMG to develop specific plans for revenue enhancements for consideration at the 2004 amphitheatre worksession, and 3) reaffirmation of existing amphitheatre goals. (Approved)  

b.      For Information

(1)      Stormwater Report (EN04-80)
The committee requested that more information be provided at a future meeting. (Moved to discussion under item H.1)

C.  RECOGNITIONS, REPORTS, AND PRESENTATIONS

N/A

D.  PUBLIC HEARINGS

1.   04-REZ-04/04-LPA-02 (1800 Old Reedy Creek Road): Request by the applicant, Mattias M. Gould, to rezone approximately 7.74 acres of land from Residential-40 to Office/Research and Development. The property is located at 1800 through 1810 Old Reedy Creek Road. (Referred to 7/19/04 Planning and Zoning Board meeting)

2.   04-REZ-05 (Preston/Powell Tract): Request by the owner, 1010 Investors, LLC, to rezone approximately 41.77 acres of land from Residential-30 (Wake County) to Residential-12 Conditional Use. The property is located at 4004 Ten Ten Road. (Referred to 7/19/04 Planning and Zoning Board meeting)

3.   04-REZ-06 (Weston Planned Development District Amendment-Highwoods): Request by the applicant, Withers and Ravenel, Inc., on behalf of the owners, Highwoods Realty, LP, to rezone approximately 78.34 acres within the Weston Planned Development District from Office and Institutional and Planned Employment Center to allow for residential use. (Referred to 7/19/04 Planning and Zoning Board meeting)

4.   04-REZ-07 (Weston Planned Development District Amendment-SBJ): Request by the applicant, SBJ Growth Limited Partnership, to rezone approximately 39.91 acres of land within the Weston Planned Development District from Planned Employment Center to allow for residential use. (Referred to 7/19/04 Planning and Zoning Board meeting)

5.   04-REZ-08 (North Carolina Highway 55 and Morrisville Parkway): Request by the owner, Glenn Futrell, to rezone approximately one acre of land from Residential-40 to Office/Research and Development. The property is located in Wake County at 3761 North Carolina Highway 55. (Referred to 7/19/04 Planning and Zoning Board meeting)

6.   04-AC-001 (Morrisville Parkway Activity Center Concept Plan): request by applicant, Jerry Turner and Associates, Inc., on behalf of owner, Hilda F. Carpenter Family, Limited Partnership, to approve an activity center concept plan, for a portion of the Morrisville Parkway Neighborhood Activity Center, to construct 153,546 square feet of commercial development in the southeast corner of Carpenter Upchurch Road and Morrisville Parkway, 20,000 square feet of office development and 33,100 square feet of commercial development southeast of the proposed intersection of Morrisville Parkway and Louis Stephens Road, 93 townhouse units located northeast of the intersection of Carpenter Upchurch Roads and Morrisville Parkway, and 16 single-family lots located southeast of Morrisville Parkway and the proposed Louis Stephens Road. (Referred to 7/19/04 Planning and Zoning Board meeting)

7.   04-AC-002 (Crossroads Activity Center Concept Plan, Crossroads Ford): Request by applicant, Jerry Turner and Associates, Inc., on behalf of owner, Crossroads Holdings, LLC, to approve an activity center concept plan to construct approximately 133,000 square feet of indoor new car and truck sales with no servicing or repair of vehicles. The property contains 15.41 acres and is zoned Office and Institutional and is proposed for Low Intensity Commercial. The property is located at 2323 Walnut Street, approximately 350 south of the intersection with Dillard Avenue. (Referred to 7/19/04 Planning and Zoning Board meeting)

E.  PUBLIC SPEAKS OUT (one hour time limit)

The public is invited to speak on any topic not on this agenda.  Comments should be limited to less than three minutes, and speakers should avoid repetition.  All speakers should print their names on a form provided by the town clerk immediately after speaking. (See official minutes)

F.  PLANNING AND ZONING BOARD REPORT (discussion items)

1.   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 (Wake County) and is proposed for rezoning to Residential-12 Conditional Use. (Tabled until 5/27/04 to run concurrently with the associated annexation)

2.   Consideration of adoption of an ordinance amendment altering the limitation on the number of pieces of information on a principal ground sign in the Town Center Area. (Approved Option B)

3.    04-SB-001 (Upchurch Pond), subdivision plan (Approved revised plan)

G. TOWN CENTER REVIEW COMMISSION (discussion items)

N/A

H.  COMMITTEE REPORTS (discussion items)

1.    Operations Committee, May 5, 2004

a.   Stormwater Report (EN04-80)
The committee requested that more information be provided at a future meeting. (Staff will bring more information back no later than the July Operations Committee meeting)

I.   OLD/NEW BUSINESS

1.   Consideration of adoption of a resolution to the Wake County Commissioners and the Raleigh City Council formally requesting funding through return of Wake County Occupancy Tax and the Prepared Food and Beverage Tax to assist the Town of Cary with the development of an aquatic facility. (Approved)

2.   Consideration of adoption of an ordinance to amend an existing Utility Service Agreement Boundary between the Town of Apex and the Town of Cary that defines a boundary between the two towns to plan appropriately for the future provision of municipal services. (Tabled until 6/24/04)

3.   Consideration of approval of an Interlocal Agreement with Wake County for the operation of the SAS Soccer Center and Property. (Gave the town manager authority to negotiate a final agreement with Wake County, which will be on a future council agenda for approval)  

4.   Consideration of approval of a municipal agreement with the North Carolina Department of Transportation for the widening of U.S. 1 and 64. (Approved with $600,000 increase for pedestrian overpass)

J.  LEGAL AND ADMINISTRATIVE ISSUES

Closed session will be called if necessary. (Called)

K.  ADJOURNMENT (11:12 p.m.)

 Please contact the Cary Town Clerk with any questions about this agenda. The e-mail address is sue.rowland@townofcary.org, and the phone number is (919) 460-4941. Visit our Web site at www.townofcary.org for more detailed information about each agenda item.

Refer to Cary TV 11 for the rebroadcast schedule.