A.   COMMENCEMENT

1.    Call to Order (Provided)

2.    Ceremonial Opening (Provided)

3.   Adoption of agenda (Adopted)

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 December 14, 2006. (Approved)

b.   Consideration of approval of the December 2006 tax report. (Approved)

c.   Consideration of a request to allow the N.C. Retirement System to use the council chambers on April 10, 2007 during regular work hours for a retirement conference. (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 06-REZ-22, Serving Cup
Consideration of adoption of an ordinance to rezone land. The property is located on Green Level West Road (west of the NC 55 Highway intersection) and contains 1.33 acres. The current zoning is Residential-8 Conditional Use; the proposed zoning is Mixed Use Overlay District with an amendment to the existing zoning conditions. The Planning and Zoning Board unanimously recommended approval. 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. (Approved)

b.   Mixed Use Sketch Plan 06-MU-02, Serving Cup
The property is located on Green Level West Road (west of the NC 55 Highway intersection) and contains 1.33 acres. The specific request for consideration is a mixed use sketch plan. (Approved)

3.   Planning and Development Committee, December 14, 2006 (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.   Stonewater Subdivision – Request to Delay Sidewalk Installation (EN07-058)
Committee unanimously recommended requiring sidewalk installation per LDO requirements and denying the developer’s request to delay installation until each house is ready for a Certificate of Occupancy. (Approved committee's recommendation)

b.   Pittard Sears Road Subdivision – Sidewalk Waiver Request (EN07-059)
Committee tabled this item until the January Planning and Development meeting. NOTE: After the committee meeting the issue was resolved, so the item will not go back to committee. (Approved that no further action is required)

c.   Briarcliff Apartments – Request to Close Connector Road (EN07-060)
Committee tabled this item until the January Planning and Development meeting. (Approved committee's recommendation to table)

4.   Operations Committee, January 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) (Mrs. Robinson)

a.   Condemnation Resolution for Penny Road Water Line Connection Easement (EN07-064)
Committee unanimously recommended adoption of a condemnation resolution for an easement for the Penny Road water line connection. (Approved)

b.   FY2007 Railroad Crossing Upgrades (EN07-065)
Committee unanimously recommended approval of the prioritized list of at-grade railroad crossings to be upgraded. (Approved)

c.   Bid Award – SW Maynard Road Widening (EN07-066)
Committee unanimously recommended awarding a construction contract for the SW Maynard Road Widening Project to Rea Contracting for $8,190,807.60 and a $2,320,000 appropriation from proceeds generated by the recent 2003 Transportation General Obligation Bond issue to the SW Maynard Road Widening Project construction account (ST1005). (Approved)

d.   Fairbanks Road Right of Way Closing (EN07-068)
Committee unanimously recommended approval of a resolution of intent setting a public hearing for February 22, 2007. (Approved the public hearing)

e.   Additional Funding for Pressure Zone Control Valve Project (EN07-069)
Committee unanimously recommended a $25,000 appropriation from restricted utility capital reserve fund balance to the construction account of the Pressure Zone Control Valve Project (WT1079). (Approved)

f.    Contract Award – Professional Consulting Services for Swift Creek Sewer Spill/Lake Wheeler Hydrogeological Assessment Project (EN07‑070)
Committee unanimously recommended that a professional services contract be awarded to Golder Associates for $179,878 and that $180,000 be transferred from unrestricted utility capital reserve fund balance to the contracted services account of the Swift Creek Pump Station Expansion Project (SW1041). (Approved)

g.   Memorandum of Agreement Related to Fire Station 7 (FD07-04)
Committee unanimously recommended approval of a memorandum of agreement with the Town of Morrisville to have the Morrisville Fire Department co-locate in Fire Station 7. (Approved)

h.   Cary Tennis Park Budget Adjustment (PR07-17)
Committee unanimously recommended recognizing a $48,000 award from the USTA Tennis in the Parks Program and that the grant funds be appropriated to the construction account of the Cary Tennis Park Drainage, Lighting and Storage Project (PR1106). (Approved)

i.    Recognition of Funds (PWUT07-13)
Committee unanimously recommended recognition of $7,000 in utility fund revenue, a $5,400 appropriation to the PWUT Operations Division’s capital outlay equipment account for the purchase of the blade and attachment plate, and appropriation of $1,600 to utility fund fund balance. (Approved)

j.    Emergency Force Main Repair (PWUT07-15)
Committee unanimously recommended creating the Holly Springs Road Force Main Repair Project and an appropriation of $440,000 from unrestricted utility capital reserve fund balance for this project ($40,000 for supplies and $400,000 for contracted services). (Approved)

k.   Federal Legislative Agenda (AD07-005)
Committee unanimously recommended adoption of the proposed federal legislative agenda. (Approved)

l.    Silverton Lake Watershed Study (EN07-063)
Committee unanimously recommended adoption of the Silverton Lake Watershed Study and that the report be used to help guide future development within the Silverton Lake watershed. (Pulled from consent; refer to action agenda item G.2.a.)

m.  Ordinance Amendment to Reduce Extraterritorial Positions on the Planning and Zoning Board (TC07-003)
Committee unanimously recommended approval of an amendment to the Town of Cary Code of Ordinances Chapter 2, Article V, Boards, Commissions and Authorities, Sec. 2-164 (a) Planning and Zoning Board by reducing the number of ETJ members of the board from 2 to 1.
Committee unanimously recommended setting a public hearing for February 8, 2007 regarding an amendment to the Town of Cary Code of Ordinances Chapter 2, Article V, Boards, Commissions and Authorities, Sec. 2-164 (a) Planning and Zoning Board by reducing the number of ETJ members of the board from 2 to 1. (Approved the public hearing)

C.   RECOGNITIONS, REPORTS, AND PRESENTATIONS

There were no special reports/presentations on this agenda.

D.   PUBLIC HEARINGS

1.   Rezoning 06-REZ-30, Chapel Hill Road Planned Development District Amendment
The property is located in the southeast corner of Chapel Hill and Trinity roads and contains 9.83 acres. The request is to incorporate a parcel into the Planned Development District. Council may refer this item to the March 19, 2007 Planning and Zoning Board meeting. (Referred to 3/19/07 P&Z Board meeting)

2.   Rezoning 06-REZ-32, Oxxford Hunt Planned Development District Amendment
The property is located at 1206 W. Chatham Street and contains 3.69 acres. The request is to allow a nursing home facility. Council may refer this item to the March 19, 2007 Planning and Zoning Board meeting. (Referred to 3/19/07 P&Z Board meeting)

3.   Rezoning 06-REZ-33, Silverton Planned Development District Amendment
The property is located in the southeast corner of NW Cary Parkway and Evans Road. The request is to allow retail, office and multi-family uses with development conditions. Council may refer this item to the March 19, 2007 Planning and Zoning Board meeting. (Referred to 3/19/07 P&Z Board meeting)

4.   Mixed Use Sketch Plan 06-MU-06, Silverton Planned Development District Amendment
The property is located in the southeast corner of NW Cary Parkway and Evans Road. The request is to allow retail, office and multi-family uses with development conditions. Council may refer this item to the March 19, 2007 Planning and Zoning Board meeting. (Referred to 3/19/07 P&Z Board meeting)

5.   Rezoning 06-REZ-34, Napowsa Property
The property is located at 1404 Holt Road and contains 0.85 acre. The current zoning is Residential-40 (Wake County); the proposed zoning is Residential-20. Council may refer this item to the February 19, 2007 Planning and Zoning Board meeting. (Referred to 2/19/07 P&Z Board meeting)

6.   Mixed Use Sketch Plan 06-MU-07, Cornerstone
The property is located in the northeast corner of Davis Drive and High House Road and contains 67.90 acres. The request is to allow retail, office, multi-family and single-family uses. Council may refer this item to the March 19, 2007 Planning and Zoning Board meeting. (Continued public hearing to the 1/25/07 council meeting)

7.   Proposal to close railroad crossing
Consideration of a request to close the CSXT railroad crossing at N. West Street. Council may take action. (Tabled indefinitely)

E.   PUBLIC SPEAKS OUT (N/A)

No one spoke.

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)

There were no land development discussion items on this agenda.

G.   COMMITTEE REPORTS (discussion items)

1.   Planning and Development Committee, December 14, 2006 (any item pulled from the committee consent agenda for discussion [agenda item B.3.] will be discussed during this portion of the agenda)

a.   Summerwinds III – Petition to Leave Frostwood Drive as a Dead End (EN07-048)
Committee unanimously recommended approval of a request by Summerwinds III Subdivision to leave Frostwood Drive as a dead-end street and directed staff to work with the developer of the Parkway Professional Center to minimize the Town’s cost of this option. (Approved committee recommendation)

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

a.   Silverton Lake Watershed Study (EN07-063)
Committee unanimously recommended adoption of the Silverton Lake Watershed Study and that the report be used to help guide future development within the Silverton Lake watershed. (No action taken; the council will discuss this either at the retreat, through the committee process or at a future work session)

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.   Engineering Services Contract for Downtown Cary Streetscape Project (EN07-053a)
Committee unanimously recommended awarding a contract for engineering services for the Downtown Cary Streetscape Project to Arcadis G&M of North Carolina Inc. for $2,485,000.  (Approved; staff directed to review process for possible improvements)

2.   Waterford Estates Subdivision – Request for Waiver of Thoroughfare Improvements (EN07-038b)
Planning and Development Committee unanimously recommended denial of the request for waiver of thoroughfare improvement requirements. The request has changed since the committee meeting. (Approved staff's recommendation to require a payment-in-lieu in the amount of $69,895.54 for the thoroughfare improvements along the 1+/- acre site and grant a full waiver of improvements along the 6.3+/- acre site)

3.   Appointment of board/commission members. The following appointments were made:

Economic Development Commission: Joseph Philipose, Eddie Campbell, David Crittenden, CHAIR: NELLIE SHIPLEY

Information Services Advisory Board: Lee Douglas, Nazi Kite (waive the attendance requirement to allow Ms. Kite to continue her first term), John Nolander, Todd McGee, Vijay Raghavendran, Helen Hutchings, CHAIR: MARK EVANGELISTA

Parks, Recreation and Cultural Resources Advisory Board: Kay Struffolino, Robert Bush, Anthony D'Amico, Sal Cammarata, CHAIR: STEVE SMUTKO (council gives the Board the authority to appoint from its membership chairs for the Teen Advisory Committee, Greenway Committee, Athletics Committee and Cultural Arts Committee)

Planning and Zoning Board: Keith Fenn,  Hari Nath, Christopher Brooks (referred to Wake County Commissioners for approval), CHAIR: CHRISTOPHER BROOKS (only one ETJ vacancy is being filled pending the outcome of council’s decision after the February 8, 2007 public hearing to reduce the number of ETJ members of the board from 2 to 1)

Public Art Advisory Board: Carl Regutti, Ginger Castle, Hersey Forehand, Elizabeth Ray, CHAIR: CAROL AUPPERLE

Sister Cities Commission: Lisa Englert, Ian Henshaw (waive the attendance requirement to allow Mr. Henshaw to continue his second term), Ed Yerha, Phil Henry, Brenda Monroe (waive the attendance requirement to allow Ms. Monroe to continue her first term), Paula Dickerson, Lyn Jackson, CHAIR: IAN HENSHAW

Town Center Review Commission: Kelly Commiskey (to fill the P&Z position on this commission), Douglas Harned, Thomas Gruber, CHAIR: KELLY COMMISKEY

Utility Board of Adjustment: Girard Lew (alternate), David Stone (regular member), CHAIR: MICHAEL WALSH

Zoning Board of Adjustment: Charles McDarris, Robert Evans, CHAIR: GAINES WEAVER

4.   Council-initiated item by Mr. Roseland and Ms. Dorrel to consider the feasibility of establishing a Cary Computer Crimes/Sexual Predator Unit within the Cary Police Department. Council may take one of the following actions: (1) direct staff to prepare a staff report for the appropriate meeting or (2) decide not to proceed with this request. (Directed staff to prepare a staff report for appropriate meeting)

I.    CLOSED SESSION (not called)

Closed session was not called.

J.   ADJOURNMENT (11:50 p.m.)

ACTION: At 11:50 p.m., Mr. Roseland moved to adjourn, Mayor Pro Tem Smith provided the second, and council granted unanimous approval.