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, February 23, 2009

7:00 p.m.

*Amended February 20, 2009

Town Council Regular Business Meeting

1. Ceremonies: None
2. Public Forums and Hearings:
   1. Public Hearing: Voter Owned Election Program Adjustments. (O-1)

      The Council will receive public comment and enact the attached ordinance to make adjustments to the Town’s Voter Owned Election Program.

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. Bicycle and Pedestrian Advisory Board requesting support to apply for the Bicycle Friendly Communities (BFC) campaign sponsored by the League of American Bicyclists.
      2. Bicycle and Pedestrian Advisory Board requesting support advocating continued emphasis on bicycle and pedestrian safety in the state driver education program.
      3. Haw River Assembly requesting support of the Jordan Lake Reservoir Nutrient Strategy rules.
   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. Nominations to various boards and commissions. (R-2)

      The Council will consider nominations to the Board of Adjustment, Community Design Commission, Greenways Commission, Historic District Commission, Human Services Advisory Board, Personnel Appeals Committee, Planning Board, and Sustainability Committee.

   2. Acceptance of Art into the Town’s Public Art Collection. (R-3)

      The Council will consider accepting the Paul Penny Artwork to the Town by the Chapel Hill Public Art Collection.

   3. Authorization to enter into a contract for the Community Center Park retaining wall project. (R-4)

      The Council will consider a resolution to authorize the Town Manager to contract with the selected artist for the Greenways project.

   4. Approval of a two-hour metered on-street parking spaces on W. Franklin St. (O-2)

      The Council will consider an ordinance that would establish two-hour metered parking spaces on the south side of W. Franklin St. between Mallette St. and Columbia St.

   5. Budget Amendment for Downtown Service District to create a Small Art Business Loan Program. (R-5) (O-3)

      The Council will consider an ordinance appropriating $20,000 from the Downtown Service District Fund.

   6. Recommendation to remove a current member of the Parks and Recreation Commission. (R-6)

      The Council will consider a resolution to remove a member of the Parks and Recreation Commission.

   7. Acceptance of FY2008-2009 Kutz Funds. (R-7) (O-4)

      The Council will consider a resolution and an ordinance appropriating FY2008-2009 Kutz funds in the amount of $4,500 to enhance the Police Department’s training budget.

   8. Transportation Demand Management Grant Budget Ordinance Amendment. (O-5)

      The Council will consider an ordinance accepting the Transportation Demand Management Grant funds.

   9. Acceptance of Bids for Athletic Field and Tennis Court Light Replacement. (R-8) (O-6a, O-6b)

      The Council will consider a resolution authorizing the Manager to negotiate and execute a contract with the lowest responsive bidder, in an amount not to exceed $501,675 for the design and installation of athletic lights and poles at Cedar Falls, Hargraves, Homestead, and Ephesus Parks and enact the budget amendment.

   10. *Change Order for the Purchase and Delivery of Transit Buses. (R-8.1)

       That the Council consider a resolution to increase the project total cost by change order for the purchase and delivery of transit buses. Funds to be used for this project are 100% funds coming from the American Recovery and Reinvestment Act of 2009. No local funds are required.

5. Information items. These items are reports or information for the Council.
   1. Response to petition on Council communication with downtown businesses.

      The Council will receive the report that states the Downtown Partnership will present a quarterly report to Council beginning in April 2009.

   2. Response to a petition for improvements at Estes Dr. at Fordham Blvd.

      The Council will receive the report that states the requested traffic signal phasing has been approved by NCDOT and revisions to the traffic signal are expected to be completed within the next two to three months.

   3. Response to citizen petition on pending Land Use Management Ordinance Text Amendments (LUMOTAs) on Signs and Outdoor Lighting.

      The Council will receive the report and direct the staff to return in June with a report on a process for these text amendments pertaining to outdoor lighting and signs.

   4. Status report on pending Land Use Management Ordinance Text Amendments (LUMOTAs).

      The Council will receive the report.

   5. Follow up to Chapel Hill Title Court Decision.

      The purpose of this memorandum is to report on steps that will be taken to consider amending the Town’s Land Use Management Ordinance in response to an interpretation of a provision of this Ordinance by the Supreme Court of North Carolina in Chapel Hill Title and Abstract Company v. Town of Chapel Hill.

   6. Report on Community Gardens Initiative.

      The Council will receive the staff report on a community gardens initiative.

   7. Sustainable Community Visioning Task Force

      The Council will consider the recommendations of the Mayor’s Strategic Planning Committee.

Main Discussion

6. Approval of Municipal Agreement for South Columbia St. Improvement Project. (Staff Presenter: Kumar Neppalli, Engineering Services Manager) (R-9)

   The Council will consider an agreement with the NCDOT for certain improvements on South Columbia St. between Fordham Blvd. and Manning Dr. The resolution also authorizes use of 2003 Sidewalk Bond Funds not to exceed $26,000 towards the Town cost for the sidewalks in the project.

7. Public Hearing: Residences at Grove Park Development Rezoning 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: Gene Poveromo, Development Manager)
   1. Residences at Grove Park Development Zoning Atlas Amendment.
      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 Residences at Grove Park Development. (O-7, R-10 would deny).

   2. Residences at Grove Park Development Special Use Permit.
      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 Residences at Grove Park. (R-11a, R-11b would deny).

8. Public Hearing: 1609 E. Franklin St. Rezoning 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: Kendal Brown, Senior Planner)
   1. 1609 E. Franklin St. Zoning Atlas Amendment.
      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 1609 E. Franklin Street. (O-8, R-12 would deny).

   2. 1609 E. Franklin St. Special Use Permit.
      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 1609 E. Franklin St. (R-13a, R-13b would deny).

9. Public Hearing: Land Use Management Ordinance Text Amendment - non-commercial keeping of chickens in Residential 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: Rae Buckley, Housing and Neighborhood Services Senior Planner)
   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 hearing.

   The Council will consider an Ordinance to approve an amendment to the Land Use Management Ordinance. (O-9a, O-9b)

10. Increase in Town Motor Vehicle Tax. (O-10)

    The Council will consider an ordinance increasing the Town’s motor vehicle tax from $20 to $30.

11. Parking Study Recommendations. (Staff Presenter: Dwight Bassett, Economic Development Officer) (R-14)

    The Council will consider a resolution to accept the Parking Study recommendations.

12. Appointments:
    1. Human Services Advisory Board.

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

13. Petitions:
    1. By the Mayor and Council Members.
    2. By the Manager and Attorney
14. Reserved for discussion of consent agenda items if necessary.
15. Request for closed session to discuss property acquisition, personnel, and litigation matters.