Chapel Hill Town Seal

TOWN OF CHAPEL HILL
Town Council Business Meeting
Town Hall Council Chambers
405 Martin Luther King Blvd. , Chapel Hill NC
7:00 P.M., MARCH 8, 2010
  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.
  Concept Plans 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 generally 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.

Additional materials were presented during the meeting.

Amended resolutions or ordinances are not currently available on-line, please contact Communications and Public Affairs for amendments.

  1. Opening
  2. Public Forums and Hearings
    1. Public Hearing on Fees for Towing from Private Lots.

      RECOMMENDATIONS: That the Council receive the comments received at the public hearing.

      Received

  3. Petitions from the Public

    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 from the Public
      1. Traffic Calming in Southern Village.

        Received & Referred

      2. Petition re: Restricted Parking in Colonial Heights

        Received & Referred

      3. Petition on Neighborhood Conservation District concerns and guidelines.

        Received & Referred

      4. Citizens for a coal-free community asking for support re: UNC Coal Regeneration Facility

        Received & Referred

      RECOMMENDATIONS: That the Council consider the attached petition.

  4. Announcements by Council Members
  5. Consent

    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.

    1. Consent Agenda. (R-1)

      RECOMMENDATIONS: That the Council adopt the various resolutions and ordinances.

      R-1 Adopted as amended

    2. Authorize Transportation Demand Management (TDM) Grant for FY 2010 - 2011. (R-2)

      Council Goal 3: Continue Focus on Land Use, Transit and Development.

      RECOMMENDATIONS: That the Council support the Transportation Demand Management grant application.

      R-2 Adopted

    3. Schedule Public Forum on Google Ultra-High Speed Internet. (R-3)

      Council Goal 4: Maintain and Improve Community Facilities and Services.

      RECOMMENDATIONS: That the Council adopt a resolution to schedule the Public Forum.

      R-3 Adopted

    4. Approve Agreement for Annual Mosquito Control Grant Funds (R-4)

      RECOMMENDATIONS: That the Council authorize the Town Manager to enter into an agreement with the North Carolina Department of Environment and Natural Resources, Division of Environmental Health for annual mosquito control grant funds.

      R-4 Adopted

    5. Award Bids for Vehicles. (R-5)

      RECOMMENDATIONS: That the Council accept the bids from Public Works Equipment and Supply, Inc.

      R-5 Adopted

    6. Authorization from Orange and Durham Counties to Issue Pyrotechnics Permits within the Town Limits. (R-6)

      RECOMMENDATIONS: That the Council authorize the Town Manager to request from Orange and Durham Counties the authority to issue pyrotechnics permits within the Town limits by the Town's Fire Marshal.

      R-6 Adopted

    7. Correct Privilege License Ordinance. (O-1)

      RECOMMENDATIONS: That the Council enact the attached ordinance amendment that will correct Sec. 10-192, 10-151 and 10-152 of the Town's Privilege License Ordinance.

      O-1 Enacted

    8. Adopt Minutes for the October 15, 2008, January 12, 2009, and January 26, 2009 Meetings. (R-7)

      RECOMMENDATIONS: That the Council approve the attached summary minutes of past meetings.

      R-7 Adopted

    9. Establish a Schedule for Board and Committee Term Vacancies. (R-8)

      RECOMMENDATIONS: That the Council adopt a resolution to establish a schedule for nominations and appointments.

      No Action. Moved to 3-22-10 Council Meeting

  6. Information

    These items are reports or information for the Council.

  7. Discussion
    1. Continuation of a Public Hearing: Land Use Management Ordinance Text Amendments - Medical Office,Office-Type Business, and Clinic Definitions. (Without objection, the Manager’s revised report and any other materials submitted at the hearing for consideration by the Council will be entered into the record.) (O-2)
      1. Introduction of recommendation by the Manager
      2. Presentation of evidence by the applicant
      3. Presentation of evidence by citizens
      4. Comments and questions from the Mayor and Town Council
      5. Applicant statement regarding proposed conditions
      6. Motion to adjourn hearing.

      Consideration of an Ordinance to amend the Land Use Management Ordinance.

      PRESENTER: Phil Mason, Principal Planner

      RECOMMENDATIONS: That the Council enact the attached ordinance to 1) amend the Land Use Management Ordinance to include a new definition, “medical office,” 2) amend the definition of “business, office-type,” and 3) amend the definition of “clinic” in Appendix A of the Land Use Management Ordinance.

      O-2 Enacted

    2. Continuation of a Public Hearing: Walgreens Special Use Permit Modification Application. (Without objection, the Manager's revised report and any other materials submitted at the hearing for consideration by the Council will be entered into the record.) (R-9a) (R-9b)
      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 hearing.

      Consideration of a resolution to approve the Special Use Permit Modification application.

      PRESENTER: Judy Johnson, Senior Planner

      RECOMMENDATIONS: That the Council approve the Special Use Permit Modification application with the adoption of Revised Resolution A. Subsequent to the January 20, 2010 Public Hearing, the following revised conditions have been incorporated into Revised Resolution A: a) remove the recommendation for a median on South Estes Drive; b) add a pork-chop island at the South Estes Drive access c) reduce the recommended median on East Franklin Street from four-feet to three-feet; and d) redirect the $4,000 payment-in-lieu from bicycle activated loops to additional traffic study.

      R-9a Adopted as amended

    3. Continuation of Discussion of 2010 Legislative Issues.

      PRESENTER: Ralph D. Karpinos, Town Attorney

      RECOMMENDATIONS: That the Council identify legislative issues it wishes to consider and discuss with the local Legislative Delegation for possible inclusion in its 2010 Legislative Agenda.

      Received

  8. Appointments
    1. Appointments to the Historic District Commission.

      RECOMMENDATIONS: That the Council make appointments to the Historic District Commission.

      Appointments Made

  9. Petitions by the Mayor and Council Members

    1. Council Member Greene announced a Food Drive at NC School of Science and Math on March 20th and asked Council Members to volunteer.

    2. Council Member Greene requesting SEE Committee to look into charging stations for Electric Cars.

  10. Petitions by the Manager and Attorney
  11. Reserved for Discussion of Consent Agenda Items if Necessary
  12. Request for Closed Session to Discuss Property Acquisition, Personnel, and Litigation Matters