Notice to people with impaired hearing: Interpreter services and/or special equipment are available with five days prior notice. Please contact the Communications and Public Affairs Department at 968-2743 for services.

Notice to citizens who wish to speak: Citizens may petition the Council regarding matters germane to Town policies or business but not appearing on the agenda at petition time. The Council strongly discourages petitions regarding a matter that recently has been, or soon will be before the Council as a public hearing item. Petition time is not intended to substitute for public hearings. As a courtesy to others, a citizen speaking on an agenda item or making a petition is normally limited to three minutes. Persons who are organizing a group presentation and who wish to speak beyond the three minute limit are requested to make prior arrangements through the Mayor’s Office by calling 968-2714. If you wish to address the Council this evening, please go to the front right corner of the Council Chamber and sign up with the Town Clerk. The Council may change the order in which agenda items are presented.

Public Hearings: Presentations for Concept Plans will be limited to 15 minutes.

Attorneys: If you are representing a person with an interest in a quasi-judicial proceeding on this agenda and believe you may wish to cross examine a witness, please identify yourself as such to the Town Clerk. For the sake of maintaining an accurate public record all speakers must be prepared to speak into an amplified microphone and must provide their name to the Town Clerk.

Agenda items for review: Agenda items are available on the Town’s web site, www.townofchapelhill.org, by 12 noon on Friday before a Council meeting. Citizens may request copies of agenda items in the Communications and Public Affairs Office at 968-2743 or may view them at the Reference Desk in the Chapel Hill Public Library (100 Library Drive).

Cablecast of Council Meetings: Council meetings are cablecast live on Chapel Hill TV18, the cable government access channel, and via streaming video at www.townofchapelhill.org (see link to “Council Meeting Video”). Generally, the meetings also are rebroadcast throughout the week.They also are cablecast on Durham Cable Vision Channel 8 at 1 p.m. on the Friday following the Council meeting.

Wednesday, October 15, 2008

7:00 p.m.

View Council Meeting Video Online
Additional Information

Town Council Regular Business Meeting

Honoring the Memory of Council Member Bill Thorpe.

Mayor Foy will call for a moment of silence in memory of late Council Member Bill Thorpe and will present a proclamation in his honor.

Council honored the memory of Council Member Thorpe

1. Guiding Development at Carolina North. (Staff Presenter: Roger Stancil, Town Manager) (R-1)

   The Council will seek input from the public regarding the proposed process for guiding development at Carolina North. At the request of the Mayor this item has been moved to the beginning of the meeting due to extensive public interest.  

   Adopted R-1

2. Public Forums and Hearings:

   1. Public Forum: Sidewalk Construction Program. (Staff Presenter: David Bonk, Long Range and Transportation Manager) 

      The Council will consider the staff report and seek input from the public on the proposed Sidewalk Construction Program.

Received Comment-Return 11-24-08

3. Petitions by citizens and announcements by Council members.  Petitions will not be acted upon at the time they are presented.  It shall take a unanimous vote of the Council members present for a petition to be acted upon immediately upon its presentation.  After receiving a petition, the Council shall, by simple motion, dispose of it as follows:  consideration at a future regular meeting of the Council; or referral to another board or committee for study and report; or referral to the Town Manager for investigation and report; or receive for information.  (Receiving does not imply approval, agreement, or consent.)

   1. Petitions by citizens on items not on the agenda. 

      1. Jill Ridky-Blackburn Petition regarding Accessory Apartments.

         Received and Referred-Return 12-08-08

      2. Transportation Board Petition requesting Council declare a vacancy on its Advisory Board.

         Declared seat vacant

      3. Active Living by Design Petition requesting permanent advisory board designation.

         Received and Referred-Return 11-24-08

      4. Francis Chan Petition regarding noise disturbance at apartments adjacent to Greenbridge Development construction site.

         Received and Referred

      5. Andrew Dyker re: occupancy permit for a mobile log home

         Received and Referred-Return 10-27-08

      6. Eugene Farrar re: reconsideration of quote on Peace and Justice Plaza Marker

         Received and Referred to the Council Naming Committee

   2. Petitions by citizens on items on the agenda. 

      1. Residents of the Piney Mountain Road neighborhoods regarding Carolina North.

         Received and Referred

   3. Announcements by Council members. 

      1. Council Member Greene invited fellow Council members to the 10-27-08 ceremony for the Justice system's Drug Treatment Court.

4. Consent agenda: Items of a routine nature will be placed on the Consent Agenda to be voted on in a block.  Any item may be removed from the Consent Agenda by request of the Mayor or any Council Member. (R-2)

   Adopted R-2 as Amended (Amended Resolution currently not available online)

   1. Nominations to various boards and committees (R-3). 

      The Council will consider nominations to fill vacancies on the Bicycle and Pedestrian Advisory Board, Chapel Hill Public Arts Commission, Community Design Commission, Greenways Commission, Justice in Action Committee, Parks and Recreation Commission, Planning Board, Public Housing Program Advisory Board, Stormwater Management Utility Advisory Board, and Transportation Board.

   2. Resolution authorizing the Mayor to sign the Local Government Green Jobs Pledge. (R-4) 

      The Council will consider a resolution authorizing the Mayor to sign the Local Government Green Jobs pledge.

   3. Resolution to accept the Active Living by Design (ALbD) Sustainability Grant and to amend the Chapel Hill 2008/09 Budget. (R-5, O-1) 

      The Council will consider accepting a grant to continue the work of the Town’s ALbD program.

   4. Ordinance approving On-Street Parking Restrictions on Hamilton Road and Prestwick Road. (O-2) 

      The Council will consider approval of on-street parking restrictions on Hamilton Road and Prestwick Road.

   5. Resolution adopting a revised Town User Fee Schedule. (R-6) 

      The Council will consider approval of changes to the Town User Fee Schedule regarding new cemetery fees.

   6. Resolution adopting the NCDOT Municipal Agreement for Traffic Signals. (R-7) 

      The Council will consider a resolution authorizing the Manager to enter into an agreement with the state regarding revised reimbursement rates for costs incurred by the Town for maintenance of field traffic signal equipment.

   7. Resolution authorizing allocation of funds to complete Implementation Study for Payment-in-Lieu for Public Transportation Improvements. (O-3) 

      The Council will consider a resolution allocating funds to complete the Implementation Study for Payment-in-Lieu for public transportation improvements.

   8. Resolution authorizing the Manager to exchange property adjacent to Jay Street and execute a Right-of-Way Encroachment Agreement. (R-9)

      The Council will consider a resolution authorizing the property exchange and execution of an encroachment agreement for improvements within the current Jay Street right-of-way.

   9. Budget Ordinance for Southern Community Park. (O-4)  

      The Council will consider an increase in the budget for the park to pay for a playground, additional landscaping and signage.

   10. Request for Expedited Review Processing for The Courtyard of Chapel Hill. (R-10) 

       The Council will consider a resolution authorizing expedited processing of The Courtyard of Chapel Hill zoning atlas amendment and special use permit modification applications, as well as a new special use permit to improve commercial parking.

   11. Ordinance revising sections of the Town Code to eliminate or modify provisions in conflict with Constitutional or Statutory Provisions. (O-5) 

       The Council will consider an ordinance repealing or amending ordinances in the Town that are not consistent with statutory and constitutional standards.

       Deferred to 01-12-09

   12. Resolution to continue public hearing to consider special use permit application for the Residence at Grove Park. (R-11) 

       The Council will consider a resolution to continue a public hearing for a special use permit application for Residence at Grove Park.

   13. Resolution requesting Improvements to South Columbia Street between Franklin Street and Cameron Avenue. (R-12) 

       The Council will consider a resolution requesting street improvements from NCDOT.

   14. Budget ordinance for Martin Luther King Jr. Blvd. pedestrian improvements. (O-6) 

       The Council will consider an ordinance for pedestrian improvements.

   15. Response to Petition on the distribution of PEG Funds. (R-13) 

       The Council will consider staff recommendation for the distribution of certain PEG funds, and changes to the Peoples Channel performance agreement.

5. Information items. These items are reports or information for the Council.

   Reports Accepted, exception #5f

   1. Mayor’s Mental Health Task Force.

      The Council will consider the Mayor’s report and recommendations.

   2. Response to Petition: Challenges Facing Downtown. 

      The Council will consider the staff report.

   3. Response to Advisory Board Petition regarding changes to Advisory Board Review Process. 

      The Council will consider the staff report and recommendation.

   4. Response to Council Petition regarding Door to Door Solicitation.  

      The Council will consider the staff report and its recommendation.

   5. Response to questions about Time Warner Cable Customer Service. 

      The Council will consider the staff report.

   6. Response to proposal regarding establishment of a Civilian Review Board.

      The Council will consider the staff report and its recommendation.

      Referred to Council Committee-Return 01-12-09

   7. Mayor’s letter to the NC Utilities Commission supporting improvements to the State Net Metering Program. 

      The Council will consider the report from the Committee on Sustainability, Energy and Environment.

   8. Response to Petition regarding Town sprinkler requirements at 109-111 E. Franklin Street. 

      The Council will consider options to exempt the property at 109-111 E. Franklin Street from sprinkler requirements.

Main Discussion.

6. Continuation of a Public Hearing:   St. Thomas More Catholic Church and School, 920-940 Carmichael Street – Master Land Use Plan Modification and Special Use Permit Modification. (Without objection, the Manager’s report and any other materials submitted at the hearing for consideration by the Council will be entered into the record.) (Staff Presenter: Phil Mason, Principal Planner)

   1. St. Thomas More Master Land Use Plan Modification. (R-14a; R-14b would deny)  

      1. Swearing of persons wishing to present evidence 
      2. Introduction of recommendation by the Manager 
      3. Presentation of evidence by the applicant 
      4. Presentation of evidence by citizens 
      5. Comments and questions from the Mayor and Town Council 
      6. Applicant statement regarding proposed conditions 
      7. Motion to adjourn Public Hearing. 

      The Council will consider a resolution to approve an application for a Master Land Use Plan Modification for St. Thomas More Development. (R-14a; R-14b would deny)

      Adopted R-14a

   2. St. Thomas More Development Special Use Permit Modification. (R-15a; R-15b would deny) 

      1. Swearing of persons wishing to present evidence 
      2. Introduction and recommendation by the Manager 
      3. Presentation of evidence by the applicant 
      4. Presentation of evidence by citizens 
      5. Comments and questions from the Mayor and Town Council 
      6. Applicant statement regarding proposed conditions 
      7. Motion to adjourn Public Hearing. 

      The Council will consider a resolution to approve an application for a Special Use Permit Modification for St. Thomas More Development. (R-15a; R-15b would deny)

      Adopted R-15a

7. Library Expansion Project update and adoption of a resolution establishing a preliminary Project Budget. (Staff Presenters: Bruce Heflin, Assistant Town Manager and Ken Pennoyer, Business Management Director) (R-16a, R-16b)

   The Council will consider proceeding with development of construction plans and specifications for the library expansion, and establishment of the preliminary project budget.

   Adopted R-16a and R-16b

8. Council Committee for Affordable Housing Recommendation on Proposal for Tax-Exempt Financing for Redevelopment of Timberlyne Apartments. (Staff Presenter: Ken Pennoyer, Business Management Director) (R-17)

   The Council will consider the recommendation of the Council Committee for Affordable Housing concerning the proposal from Related Companies, L.P. to redevelop the Timberlyne Apartments using tax exempt bonds issued by the Town of Chapel Hill and federal income tax credits.

   Deferred to 01-26-09

9. Development of the 2011-2017 Transportation Priority List. (Staff Presenter: David Bonk, Long Range and Transportation Manager) (R-18)

   The Council will consider approval of the 2011-2017 Transportation Priority List for use in the development of the 2011-2017 Regional Priority List.

   Deferred to 10-20-08

10. Human Services Agencies Application Process. (Staff Presenter: Ken Pennoyer, Business Manager)

    The Council will consider a recommendation for consolidating the funding allocation process for outside agencies applying to the Town for funding support during the annual budget process.

    Deferred to 10-27-08

11. Downtown Parking Study Presentation. (Presenter: Richard Rich, Parking Consultant with Rich and Associates) (R-19)

    Mr. Rich will make a presentation to Council regarding recommendations for parking in downtown Chapel Hill.

    Adopted R-19

12. Council Vacancy Discussion. (R-20)

    The Council will begin the process of filling the vacancy on the Town Council.

    Adopted R-20 as Amended

13. Appointments:  

    1. Justice in Action Committee. 

       The Council may make appointments to the Justice in Action Committee.

       Appointments Made

14. Petitions:

    1. By the Mayor and Council Members. 

    2. By the Manager and Attorney. 

15. Reserved for discussion of consent agenda items if necessary.

16. Request for closed session to discuss property acquisition, personnel, and litigation matters.