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, March 9, 2009

7:00 p.m.

View Council Meeting Video Online

Town Council Regular Business Meeting

  1. Opening Items:  None.

  2. Public Forums and Hearings:  

    1. Towing Ordinance Annual Review.  (Staff Presenter: Brian Curran, Police Chief)

    2. The Council will receive public comments on towing ordinance fees. 

  3. Petitions by citizens and announcements by Council members.  Petitions will not be acted upon at the time they are presented.  Except upon a unanimous vote of the Council members present.  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 from Chatham County Board of Commissioners requesting support of proposed Jordan Lake reservoir water supply 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)

    Council Goal 3: Continue Focus and Land Use, Transit and Development 

    1. Response to request from Habitat for Humanity regarding extension of loan terms for Sunrise Road. (R-2) 

      The Council will consider a resolution authorizing an amendment to the terms of the Performance Agreement to extend the repayment deadline for an additional two years to February 28, 2011. 

    2. Resolution endorsing a new intersection on Weaver Dairy Road near Timberlyne Shopping Center. (R-3) 

      The Council will consider a resolution that would endorse an alternative roadway configuration on Weaver Dairy Road near Timberlyne Shopping Center. The resolution also requests the North Carolina Department of Transportation include a median opening and associated widening in Weaver Dairy Road Widening Project for the alternative roadway configuration. 

    3. A resolution to enter into a fuel contract for FY 2009/10. (R-3.1) 

      The Council will consider a resolution authorizing Chapel Hill Transit to enter into a fuel contract for FY 2009/10. 

    Council Goal 5: Improve Town’s Fiscal Condition 

    1. Budget ordinance and resolution to accept the e-NC Authority Grant. (R-4) (O-1) 

      The Council will consider a resolution and budget ordinance authorizing acceptance of the e-NC grant. 

    2. A resolution accepting a grant for the Parks and Recreation Department football program. (R-5) (O-2) 

      The Council will consider a resolution and a budget ordinance accepting the grant of $2,000 to fund the youth football program and enact a budget ordinance. 

    3. A resolution accepting $640,000 from the Durham-Chapel Hill-Carrboro Metropolitan Planning Organization Surface Transportation Program Direct Allocation Program for the Morgan Creek Trail Project. (R-6) (O-3) 

      The Council will consider a resolution accepting a $640,000 grant to construct phase one of the Morgan Creek Trail and authorize the Manager to execute an agreement with NCDOT. 

    4. Acceptance of a grant for renovation design for the existing Bolin Creek Trail. (R-7) (O-4)  

      The Council will consider a resolution and a budget ordinance accepting a $15,000 grant from the Friends of Chapel Hill Parks, Recreation, and Greenways for design work related to renovation of the existing Bolin Creek Trail. 

    Other Routine Business 

    1. Minutes of the June 25, 2008 Business Meeting and February 4, 2009 Budget Public Hearing & Forum. (R-8)

      The Council will consider approval of the minutes of the June 25, 2008 and February 4, 2009 council meetings. 

    2. Nominations to various boards and commissions. (R-9) 

      The Council will consider nominations to the Historic District Commission, Planning Board, Sustainability Committee and Transportation Board. 

    3. Resolution amending the Council meeting calendar. (R-10) 

      The Council will consider a resolution amending its calendar to include a Special Meeting on Wednesday, March 18, 2009. 

  1. Information items.  

    1. A resolution recommending a Mayor’s committee to develop a comprehensive public arts strategy.  

      The Council will consider approving a Mayor’s Committee on Public Arts. 

Main Discussion

  1. Consideration of an ordinance and a resolution for 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: Continuation of a Public Hearing.

      1. Comments from citizens 
      2. Comments and questions by Mayor and Council 
      3. Motion to adjourn Public Hearing 
      4. Consideration of an ordinance to approve an amendment to the Zoning Atlas for 1609 E. Franklin Street. (O-5, R-11 would deny) 

    2. 1609 E. Franklin St. Special Use Permit: Continuation of a Public Hearing.

      1. Presentation of evidence by the applicant  
      2. Presentation of evidence by citizens 
      3. Comments and questions from the Mayor and Town Council 
      4. Applicant statement regarding proposed conditions 
      5. Motion to adjourn Public Hearing 
      6. Consideration of a resolution to approve an application for a Special Use Permit for 1609 E. Franklin St. (R-12a, R-12b would deny)

  2. Consideration of an ordinance to approve an amendment to the 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. Land Use Management Ordinance Text Amendment - non-commercial keeping of chickens in Residential Zoning Districts:  Continuation of a Public Hearing

      1. Comments from citizens 
      2. Motion to adjourn hearing 
      3. Consideration of an ordinance to approve an amendment to the Land Use Management Ordinance. (O-6a, O-6b)

  3. Response to petition on Council communication with downtown businesses.  (Staff Presenter:  Dwight Bassett, Economic Development Officer)

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

  4. Sustainable Community Visioning Task Force.  (Presenter: Mayor Kevin Foy)

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

  5. Increase in Town Motor Vehicle Tax. (Staff Presenter: Steve Spade, Transit Director) (O-7)  

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

  6. Consideration of adopting a legislative program. (Staff Presenter: Ralph Karpinos, Town Attorney) (R-13) 

    1. Introduction 
    2. Comments from citizens 
    3. Comments and questions by Mayor and Council 
    4. Consideration of a resolution to establish the Council’s Legislative Agenda. 

    The Council will consider a report and resolution to adopt a Legislative Agenda for 2009. 

  7. Appointments:  None.

  8. Petitions:

    1. By the Mayor and Council Members. 

    2. By the Manager and Attorney. 

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

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