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.

Monday, September 8, 2008

7:00 p.m.

View Council Meeting Video Online
Additional Information

Town Council Regular Business Meeting

1. Special Report:  OWASA Update on the Drought. (Presenter:  Ed Kerwin, Executive Director, OWASA)

   The Council will hear an update on the drought status from OWASA staff.

   Accepted

2. Public Forums and Hearings:  Durham-Chapel Hill-Carrboro MPO 2035 Long Range Transportation Plan.  (Staff Presenter: David Bonk, Long Range and Transportation Coordinator)

   The Council will consider the staff report and seek input from the public on the 2035 Long Range Transportation Plan Alternatives.

   Received-Return 09-22-08

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. Petition requesting expedited review of a Special Use Permit Application and Zoning Amendment for The Courtyard [108 KB pdf].

         Received and Referred-Return 10-15-08

      2. Planning Board petition for funding to support Glen Lennox Facilitated Discussions. 

         Received and Referred-Return 10-15-08

      3. Robert Dowling re: change in affordable housing policy

         Received and Referred-Return 10-15-08

      4. Michael Brader-Araje re: variance to ordinance 7-56 on sprinkler systems

         Received and Referred-Return 10-15-08

      5. Jeff Prather High Tax increases for Durham County/Chapel hill residents

         Received and Referred-Return 10-27-08

   2. Petitions by citizens on items on the agenda. 

   3. Announcements by Council members. 

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-1)

   Adopted R-1

   1. Minutes of January 28, February 27, and March 26, 2008.

      The Council will consider approving the minutes from the January 28, February 27 and March 26, 2008 meetings.

   2. Nominations to various boards and committees. (R-2)

      The Council will consider nominations to fill vacancies on the Bicycle and Pedestrian Advisory Board, Board of Adjustment, Cemeteries Advisory Board, Community Design Commission, Chapel Hill Active Living by Design Partnership, Chapel Hill Public Arts Commission, Human Services Advisory Board, Justice in Action Committee, OWASA Board of Directors, Personnel Appeals Committee, Planning Board, Parks and Recreation Commission, and Transportation Board.  

   3. Annual Budget Ordinance to Re-appropriate Funds for Prior Year Encumbrances and other Obligations. (O-1)

      The Council will consider enacting the budget ordinance amendment re-appropriating unexpended obligations from the 2007-08 fiscal year and the attached multi-year capital projects ordinance.

   4. Project Ordinance for a Transit Capital Grant Technical Correction. (O-2a, O-2b)

      The Council will consider enacting an amended ordinance.

   5. Resolution adopting Local Legislation enacted during 2008 Session of the North Carolina General Assembly. (R-3a, 3b)

      The Council will consider adopting resolutions to direct staff to develop recommendations for implementing the new legislative authority and add new provisions to the Town Charter.

   6. Establishment of a Project Ordinance for the 2008-09 Capital Fund Program for Public Housing Renovations. (O-3)

      The Council will consider enacting an ordinance for the Capital Fund Grant Program.

   7. Report on the 2007-08 Public Housing Assessment System (PHAS) Management Operations Certification. (R-4)

      The Council will consider adopting a resolution authorizing the approval of the 2007-08 Public Housing Assessment System (PHAS) Management Operations Certification as required by HUD.

   8. Resolution calling a Public Forum regarding 2011 Transportation Priority List. (R-5)

      The Council will consider adopting a resolution to call a public forum on the Chapel Hill Transportation Priority List.

   9. Budget Amendment for Landscape Buffer between Christopher Road and Fordham Blvd. (O-4)

      The Council will consider enacting a budget ordinance amendment that would recognize revenues of $50,000 from NCDOT for installation of a landscaping buffer between Christopher Road and Fordham Boulevard.

   10. Acceptance of Triangle United Way Grant to Implement Project Homeless Connect Orange County. (R-6) (O-5)

       The Council will consider adopting a resolution and enacting a budget ordinance to accept the grant from the Triangle United Way.

   11. Chapel Hill-Carrboro City Schools Elementary Schools Requests:  

       1. Request for Expedited Processing for the Chapel Hill-Carrboro City Schools Elementary School #11. (R-7)

          The Council will consider adopting a resolution to grant expedited processing for the review of the Chapel Hill-Carrboro City Schools Elementary School #11.

       2. Response to request regarding support of building a gymnasium.

          The Council will consider the staff recommendation.

   12. Budget Ordinance Amendment to Transfer Funds from Parks and Recreation to Communications and Public Affairs. (O-6)

       The Council will consider enacting an amendment to the Budget Ordinance to fund an approved Graphic Artist position.

   13. Budget Ordinance Amendment to Accept Transfer Funds from the Chapel Hill Public Arts Commission. (O-7)

       The Council will consider the memorandum and the transfer of $22,000 from the Chapel Hill Public Art Commission to the Public Art Office for use in public art programs and activities.

   14. Resolution supporting North Carolina League of Municipalities Green Challenge. (R-8)

       The Council will consider adopting a resolution to accept the North Carolina League of Municipalities Green Challenge and pledge to work toward achieving the various levels of the challenge, indicating measures accomplished to save energy and other natural resources over the next three years.

   15. Process for Developing a Sidewalk Priority Program. (R-9)

       The Council will consider a staff report to call a public forum on the Sidewalk Construction Program.

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

   All Reports Accepted

   1. Orange Water and Sewer Authority (OWASA) Annual Report.

      The Council will consider receiving the annual report.

   2. Orange County Housing Land Trust (OCHLT) Annual Report.

      The Council will consider receiving the annual report.

   3. Response to a Petition regarding Maintenance Activities at Merritt Pasture.

      The Council will consider the staff report and its recommendations.

   4. Deleted. 

   5. Sustainability Committee�s Statement of Support for Peak Oil Awareness and Planning.

      The Council will consider receiving the report from the Sustainability Committee.

   6. Report on Library Expansion Construction Options.

      The Council will consider the staff report.

Main Discussion

6. Report from Council Committee on use of the Wallace Deck.  (Presenter:  Council Member Bill Strom) (R-9.1)

   The Council will consider the committee�s recommendation to provide space on the plaza level of the Wallace Parking Deck for the construction of a new children�s museum and authorize the Town Manager and Attorney to draft a non-binding letter of intent and good faith with Kidzu Children�s Museum.

   Report Accepted

7. Council Consideration to Adjust September and October Public Hearing Agendas. (Staff Presenter:  J. B. Culpepper, Planning Director) (R-10)

   The Council will consider adopting a resolution to delay one or more agenda items until the October 20, 2008 Public Hearing.

   No Action

8. Continuation of a Public Hearing:   Woodmont Development Rezoning, Master Plan, and Special Use Permit. (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:  J. B. Culpepper, Planning Director)

   1. Woodmont Development Zoning Atlas Amendment. (O-8, R-11 would deny)

      1. Introduction and recommendation by the Manager 
      2. Presentation by the Applicant 
      3. Recommendation of the Planning Board 
      4. Recommendations of other boards and commissions 
      5. Comments from citizens 
      6. Comments and questions from the Mayor and Town Council 
      7. Motion to adjourn Public Hearing. 

      The Council will consider an ordinance to approve an amendment to the Zoning Atlas for Woodmont Development. (O-8, R-11 would deny)

      Enacted O-8

   2. Woodmont Development Master Land Use Plan Application. (R-12a, R-12b 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 for Woodmont Development. (R-12a, R-12b would deny)

      Adopted R-12a as Amended

   3. Woodmont Development Special Use Permit. (R-13a, R-13b 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 for Woodmont.(R-13a, R-13b would deny)

      Adopted R-13a as Amended

9. Tax Exempt Financing Proposal for the Re-development of Timberlyne Apartments.  (Staff Presenter:  Ralph Karpinos, Town Attorney)

   The Council will consider how to proceed with a request and inducement resolution that would allow Related Companies, L.P. to seek approval of the financing under the NCHFA volume cap.

   Report Accepted

10. Appointments:

    1. Community Design Commission.

       The Council may make an appointment to the Community Design Commission.

       Appointment Made

11. Petitions:

    1. By the Mayor and Council Members. 

    2. By the Manager and Attorney. 

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

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