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, October 27, 2008

7:00 p.m.

View Council Meeting Video Online

Town Council Regular Business Meeting

  1. Ceremonies:  None.

  2. Public Forums and Hearings:  None.

  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. Neighborhoods for Responsible Growth Petition regarding Development Project Status. 

        Received and Referred-Return 12/08/08

      2. OWASA Board of Directors requesting endorsement of Taste of Hope Customer Assistance Program. 

        Adopted resolution R-0.1 (Resolution currently not available online)

      3. Andrew Dykers permit for mobile log home

        Received

      4. Will Raymond supports Neighborhoods for Responsible Growth petition

        Received

      5. James Carnahan regarding Car Free Day

        Received

      6. Danny Morris re: Comments endorsing Peak Oil

        Received

    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 as Amended (Amended Resolution currently not available online)

    1. Adoption of minutes for March 17, April 14, 16 and 28, 2008. 

      The Council will consider approval of minutes.

    2. Response to Petition from Orange Community Housing and Land Trust regarding the Town’s Affordable Housing Policy. (R-2) 

      The Council will consider a resolution to modify the Town’s Affordable Housing Policy to allow payment-in-lieu.

    3. Resolution acknowledging the Challenge of Peak Oil and the Opportunity for the Town to Prepare for the possibility of a Post Peak Oil Economy. (R-3) 

      The Council will consider a resolution to acknowledge Peak Oil and the need for advancing awareness and preparedness of this issue in Chapel Hill.

    4. Ordinance amending the Town Code Reducing the number of Members serving on the Stormwater Management Utility Advisory Board. (O-1) 

      The Council will consider an ordinance to reduce the number of Stormwater Management Utility Advisory Board members from 11 to nine.

    5. Proposed Increase in Change Order Authorization for the Southern Community Park Project (R-4)

      The Council will consider a resolution which would increase the Manager’s authorized limit to execute change orders for the Southern Community Park by $16,393.

    6. Resolution authorizing the Manager to extend the Lease Agreement for a Portion of the Hargraves Recreation Center for a Child Care Center for two years. (R-5) 

      The Council will consider a resolution to authorize the Manager to extend a lease with Holmes Child Care, Inc. for the operation of a child care center at the recreation center from January 2009 to December 2010.

    7. Resolution authorizing the Manager to extend a Lease Agreement for a building located at 2200 Homestead Road from January 2009 to December 2010. (R-6) 

      The Council will consider a resolution authorizing the Manager to extend a lease with Sport Art Gymnastics for operation of a gymnastics school at the Homestead Road site from January 2009 to December 2010.

      Adopted R-6 as Amended (Amended Resolution currently not available online)

    8. Resolution authorizing the Manager to execute a Deed of Easement granting OWASA a Sewer Easement required for the Morgan Creek Trail Project. (R-7)  

      The Council will consider a resolution that would authorize the Manager to deed an easement to OWASA for the Morgan Creek Trail project.

    9. Resolution to delay the Continuation of a Public Hearing:  Residences at Grove Park Development, 425 Hillsborough Street, Zoning Atlas Amendment and Special Use Permit Application. (R-8)

      The Council will consider adopting a resolution to delay the continuation of the public hearing until November 10, 2008 Business Meeting.

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

    Report Accepted-Motion Passed

    1. Human Services Agencies Application Process. 

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

Main Discussion

  1. Continuation of a Public Hearing: UNC Innovation Center, 110 Municipal Drive, Special Use Permit Application. (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.)

    Deferred to 11/24/08

    1. UNC Innovation Center Special Use Permit Application. (R-9a); (R-9b) 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 UNC Innovation Center (R-9a); (R-9b) would deny).

  2. Continuation of a Public Hearing: Land Use Management Ordinance Text Amendments: Residential Special Standards Conditional Zoning Districts. (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.)

    Public Hearing Continued

    1. Land Use Management Ordinance Text Amendments: Residential Special Standards Conditional Zoning Districts. (O-2) 

      1. Introduction and recommendation by the Manager 
      2. Comments by citizens 
      3. Comments and questions from the Mayor and Town Council 
      4. Motion to adjourn Public Hearing. 

      The Council will consider an Ordinance to approve amending the Land Use Management Ordinance regarding the Residential- Special Standards-Conditional Zoning District (O-2).

  3. Continuation of a Public Hearing: Land Use Management Ordinance Text Amendments – Vehicle and Bicycle Parking Regulations (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.)

    Enacted O-3 as Amended

    1. Land Use Management Ordinance Text Amendments – Vehicle and Bicycle Parking Regulations. (O-3) 

      1. Introduction and recommendation by the Manager 
      2. Comments by citizens 
      3. Comments and questions from the Mayor and Town Council 
      4. Motion to adjourn Public Hearing. 

      The Council will consider an Ordinance to approve amending the Land Use Management Ordinance regarding Vehicle and Bicycle Parking Regulations (O-3).

  4. Appointments:  

    1. Greenways Commission. 

      The Council may make an appointment to the Greenways Commission.

      Appointment Made

    2. Transportation Board. 

      The Council will consider an appointment to the Transportation Board.

      Appointments Made

  5. Petitions:

    1. By the Mayor and Council Members. 

      1. Resolution appointing Delegates for National League of Cities Annual Meeting (R-10). 

        The Council will consider the designation of delegates for the annual National League of Cities meeting.

        Referred

      2. Council Member Czajkowski re: additional information on inflations on Library Project.

        Received and Referred-Return 12/08/08

      3. Council Member Greene and Council Member Harrison re: staff response on chicken ordinance.

        Received and Referred-Return 12/08/08

      4. Council Member Greene Ordinance on demolition on historic structures.

        Received and Referred-Return 12/08/08

      5. Council Member Greene: Requesting Demolition language similar to New Bern

        Received and Referred-Return 12/08/08

      6. Council Member Czajkowski re; Transit Task Force meetings

        Received and Referred-Return 12/08/08

      7. Mayor Foy: petition on shading and pedestrian access for parking lots. Raise percentage of shade required.

        Received and Referred-Return 12/08/08

    2. By the Manager and Attorney. 

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

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