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.

Monday, January 26, 2009

7:00 p.m.

View Council Meeting Video Online

Town Council Regular Business Meeting

  1. Opening Items: 

    1. Update on Carolina North.  (Staff Presenter: Roger Stancil, Town Manager) [No attachment.] 

      The Council will receive the report.

  2. Public Forums and Hearings:   

    1. Public Hearing:   Land Use Management Ordinance Text Amendment regarding gravel as impervious surface area outside the Watershed Protection District. (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. Introduction and preliminary recommendation by the Manager 
      2. Recommendation of Boards and Commissions 
      3. Comments from citizens 
      4. Comments and questions from the Mayor and Town Council 
      5. Applicant’s statement regarding proposed conditions 
      6. Motion to recess Public Hearing to February 23, 2009 
      7. Referral to Manager and Attorney. 

    The Council will receive comments regarding the attached ordinance to amend the Land Use Management Ordinance.

  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 regarding the Council’s consideration of Chapel Hill becoming a Human Rights City and the creation of an advisory committee. [261 KB pdf]

    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) 

    1. Minutes of April 21, May 7, 14, 19, and June 16, 2008. 

      The Council will consider approval of minutes.

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

      The Council will consider nominations to fill vacancies on the Bicycle and Pedestrian Board, Cemeteries Advisory Board, Chapel Hill Public Arts Commission, Greenways Commission, Historic District Commission, Parks and Recreation Committee and Sustainability Committee.

    3. Notification of Board and Commission Vacancies. (R-3) 

      The Council will consider a resolution to establish a schedule for nominations and appointments to boards and commissions and to the Chapel Hill Downtown Partnership Board of Directors, and the Orange Water and Sewer Authority Board of Directors, for terms that expire on June 30, 2009.

    4. Acceptance of Bids for Section 504/ADA Compliance Work in the Public Housing Neighborhoods. (R-4) 

      The Council will consider a resolution accepting the base bid, and award a contract to Carl Garris & Son, Inc. in the amount of $589,000 for accessibility renovations in the public housing neighborhoods.

    5. Adjustment to Public Hearing Schedule for a Pending Text Amendment to the Land Use Management Ordinance Regarding Demolition in Historic Districts. (R-5) 

      The Council will consider a resolution to schedule a Public Hearing for April 20, 2009 to consider a Land Use Management Ordinance text amendment to regulate the demolition of historic structures in the Town’s Historic Districts.

    6. Report from Council Committee on Affordable Housing regarding the Marriott Residence Inn Affordable Housing. (R-6) 

      The Council will consider a resolution to endorse the amount of $85,000 as a payment-in-lieu of providing affordable housing as a minor change to the approved Residence Inn Special Use Permit.

    7. Response to a Petition from the Orange County Housing Land Trust on the Council’s Affordable Housing Policy. (R-7) 

      The Council will consider a resolution to modify the Town’s Affordable Housing Policy to allow the Council to: (1) accept a payment-in-lieu of all or part of an affordable housing obligation; and (2) require all projects with an affordable housing component to have an Affordable Housing Plan incorporated into an Affordable Housing Performance Agreement.

    8. Reclassification of the Transit Project Coordinator position to a GIS Technician, Senior – Transit. (O-1) 

      The Council will consider the reclassification of the Project Coordinator to GIS Technician, Senior in the Transit Department.

    9. Resolution calling a Public Hearing on changes to the Land Use Management Ordinance regarding provision of recreation requirements and payments in lieu. (R-8)  

      The Council will consider a resolution to call a Public Hearing for April 20, 2009, to consider various changes to Article 5.5 of the Land Use Management Ordinance.

    10. Resolution applying for Safe Routes to School Grant.(R-9) 

      The Council will consider a resolution to support the application for the North Carolina Safe Routes to School grant.  

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

    1. OWASA Calendar Year 2008 report regarding the odor elimination program at Mason Farm Wastewater Treatment Plant. 

      The Council will receive the report.

    2. Land Use Management Ordinance Text Correction – Removal of the use matrix footnote regarding Duplexes in particular residential zoning districts. 

      The Council will receive the information and analysis of a proposed correction to the Land Use Management Ordinance to clarify where duplex construction is allowed.

    3. Possible Alternatives for Library Project.  

      The Council will consider the attached staff report and provide guidance to the staff as desired.

Main Discussion

  1. Technology Update. (Presenter: Jake Jacobstein, Consultant)  

    The Council will receive the report.

  2. Continuation of a Public Hearing:  UNC Innovation Center SUP. (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) 

    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-10a, R-10b would deny.

  3. Appointments:   

    1. Historic District Commission. 

      The Council may make appointments to the Historic District Commission.

    2. Human Services Advisory Board. 

      The Council may make appointments to the Human Services Advisory Board.

  4. Petitions:  

    1. By the Mayor and Council Members. 

    2. By the Manager and Attorney. 

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

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