A.   COMMENCEMENT

1.    Call to Order (Mayor McAlister)

Mayor McAlister called the meeting to order at 6:35 p.m.

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2.    Ceremonial Opening (Ms. Dorrel)

Ms. Dorrel provided the ceremonial opening.

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3.   Adoption of agenda (Town Council)

The suggested changes follow:

• Remove agenda item F.1., 06-REZ-09, Crossroads Activity Center Overlay District, and item F.2., 06-AC-01, Piney Plains activity center concept plan, from this agenda and schedule for the August 24, 2006 council meeting.
• The valid protest petition on item F.3.a., 06-REZ-12 (Village at the Park Activity Center Overlay District Amendment) has been withdrawn. Council may move this item as well as item F.3.b., 06-AC-03 (Village at the Park Activity Center Concept Plan), to the consent agenda as agenda item B.2.e. (1) and (2). The addition of 06-REZ-12 to the consent agenda will include the following statement: 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.
• Remove item B.3.c., Olde Carpenter Townhomes – Request for Payment-in-lieu of Road Improvements and Variance of Street Design (EN06-143), from the consent agenda and add it to the discussion portion of the agenda based on the revised request from the applicant and the corresponding revised staff report.  
• Remove item G.1.a., Conservation Overlay User Guide (PL06-048), from this agenda; staff doesn't plan to proceed with this item. Staff will forward any subdivision plans that do not meet the approval criteria through the Town Council approval process, including review by the P&Z Board. 

·         Remove item F. 4., Comprehensive Plan Amendment 06-CPA-03, Bashyam Property, from this agenda and schedule for the September 14, 2006 council meeting.

ACTION: Mrs. Robinson moved to adopt the agenda with the proposed amendments. Mayor McAlister provided the second.

Mayor Pro Tem Smith has concerns with delaying 06-REZ-09 and 06-AC-01 and proposed an amendment to this motion to not delay these items. He stated there’s a lot of people present at tonight’s meeting who expect council to act on these two items.

Mrs. Robinson did not accept the amendment to the motion. She postponed a meeting yesterday on these two items based on the applicant’s request to table them, so she doesn’t believe she has all the information she needs to move forward on these items. Mr. Roseland asked if there are legal concerns if the applicant requests an extension but council objects. Town Attorney Simpson stated the Town isn’t legally required to extend the time but the Town typically does this at the applicant’s request.

ACTION: Vote was called for on the motion to approve the agenda with the stated amendments. Mayor Pro Tem Smith voted “no;” all others voted “aye.” The motion carried by majority vote.

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