Notice to people with impaired hearing: Interpreter services and/or special equipment are available with five days prior notice.

Notice to citizens who wish to speak: 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. If you are an attorney 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. Please note the estimated times allotted for agenda items are only estimates. The Council may also change the order in which agenda items are presented.

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 Department at 968-2743 or may view them at the Reference Desk in the Chapel Hill Public Library (100 Library Drive).

Cablecast of Council Meetings: All Council meetings are cablecast on Time Warner Cable of Chapel Hill Channel 18 at 7:00 p.m. and are rebroadcast at 9:00 a.m. the morning after the night meeting. Generally, the meetings are also cablecast on Durham Cable Vision Channel 8 at 1:00 p.m. on the Friday following the Council meeting.

Chapel Hill Town Council Agenda

Monday, April 28, 2008

7:00 p.m.

*Revised April 25, 2008

View Council Meeting Video Online

Town Council Regular Business Meeting

Agenda Item

1. Ceremonies:
   1. Government Finance Officers Distinguished Budget Award for 2007-2008 (no attachment).

      Received

   2. Proclamation for Safe Kids Week.

      Presented

   3. Proclamation for Volunteer Week.

      Presented

2. Public Forums and Hearings: None.
3. Petitions by citizens and announcements by Council members. [Estimated Time: 15 Minutes]
   1. Petitions by citizens on items not on the agenda.
      1. Orange County Bill of Rights Defense Committee regarding Establishing a Civilian Review Board.

         Received and Referred-Return 09-22-08

      2. NAACP Local Chapter and the Smithfield Justice Campaign requesting Consideration of a Resolution Supporting Smithfield Food Workers’ Rights.

         Adopted R-12

      3. *Joe Capowski requesting Consideration of a Resolution Supporting the Orange County Real Estate Transfer Tax.

         Adopted R-13

   2. Petitions by citizens on items on the agenda.
   3. Announcements by Council members.
4. Consent agenda: action items (R-1). (Any item may be removed for separate discussion or scheduled at the next regular business meeting.) [Estimated Time: 10 minutes]

   Adopted R-1

   1. Minutes for November 19, 2007, January 23, February 25, and March 3, 2008.
   2. Nominations to various boards and committees. (R-2)
   3. Town Applications for the 2007 08 CD and HOME Programs and Submittal of the Annual Update to the 2005-2010 Consolidated Plan. (R-3, R-4, R-5)
   4. Amendment to Council Calendar. (R-6)
   5. Award of Bid for Street Sweeper. (R-7)
   6. Appropriation of Payment in Lieu of Recreation Space Funds for Parks and Recreation Department Projects. (O-1, O-2)
   7. Resolution Calling a Public Hearing for Review of Bicycle Parking Requirements. (R-8)
   8. Budget Amendment to Recognize Additional Revenue in the Transit Budget. (O-3)
   9. Resolution Authorizing the Town Manager to Obtain Structural Analysis of the Wallace Deck. (R-8.1)
5. Information items. (Any item may be removed for separate discussion at the end of the Council meeting.) [Estimated Time: 15 minutes]

   All Reports Accepted

   1. Human Services Advisory Board Report.
   2. Response regarding Sommerhill Gallery.
   3. Response to Southern Village Homeowners Association regarding Wireless Internet Services.
   4. Response to Southern Village Homeowners Association regarding Town Sponsorship of Events in Southern Village.

Main Discussion

6. Stormwater Advisory Board Quarterly Report. (Presenter: Alan Rimer, Chairman) [Estimated Time: 15 minutes] (No attachment.)

   Report Accepted

7. Response to Botanical Garden Foundation regarding Contribution to Purchase Ivey property (Staff Presenter: Ken Pennoyer, Business Management Director) [Estimated Time: 15 minutes]

   Motion made to use balance in Council Contingency Fund as of 6-25-08 if project still viable

8. Response to Glen Lennox/Oakwood Neighborhood Conservation District Petition (Staff Presenter: Loryn Clark, Housing and Neighborhood Services Coordinator) [Estimated Time: 15 minutes] (R-9, R-10 if desired)

   Adopted R-9 as Amended

9. Continuation of a Public Hearing: Land Use Management Ordinance Text Amendment – Elimination of Floor Area Limits for the Single-Family Component of a Planned Development. (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: Gene Poveromo, Development Manager) [Estimated Time: 30 minutes]

   Enacted O-4

   1. Land Use Management Ordinance Text Amendment – Elimination of Floor Area Limits for the Single-Family Component of a Planned Development.
      1. Introduction and recommendation by the Manager
      2. Recommendation of Planning Board
      3. Comments from citizens
      4. Comments and questions from the Mayor and Town Council
      5. Motion to adjourn Public Hearing.
   2. Consideration of an Ordinance to approve Land Use Management Ordinance Text Amendment – Elimination of Floor Area Limits for the Single-Family Component of a Planned Development. (O-4)
10. Continuation of a Public Hearing: South Grove at 15-501 South, Planned Development-Housing Special Use Permit Application (File No. 9776-89-7469). 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: Kendal Brown, Senior Planner) [Estimated Time: 30 minutes]

    Deferred-Return 5-19-08

    1. South Grove at 15-501 South, Planned Development-Housing Special Use Permit Application
       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.
    2. Consideration of a Resolution to Approve an Application for a Special Use Permit South Grove at 15-501 South, Planned Development-Housing. (R-11a, R-11b would deny)
11. Appointments: None
12. Petitions: [Estimated Time: 10 minutes]
    1. By the Mayor and Council Members.
    2. By the Manager and Attorney.
13. Reserved for discussion of consent agenda items if necessary.
14. Request for closed session to discuss property acquisition, personnel, and litigation matters.