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 23, 2009

7:00 p.m.

View Council Meeting Video Online
Additional Information

Town Council Regular Business Meeting

1. Opening:
   1. Impact of the economy on the Town budget. (Staff presenter: Ken Pennoyer, Business Management Director) (No attachment.)

   The Council will receive the report.

2. Public Forums and Hearings:
   1. 2009-2010 Community Development and HOME Program. (Staff presenter: Loryn Clark, Housing and Neighborhood Services Manager)

      The Council will receive public comments.

   2. 2009-2010 HOME Program. (Staff presenter: Loryn Clark, Housing and Neighborhood Services Manager)

      The Council will receive public comments.

   3. 2009-2010 Capital Fund Program for Public Housing Renovations and Resident Services. (Staff presenter: Tina Vaughn, Housing Director)

      The Council will receive public comments.

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. Southern Village Market Street Association requesting support for signage and events.
      2. Planning Board regarding Land Use Management Ordinance Text Amendment to exempt redevelopment of property in Town Centers from Special Use Permit Requirement.
      3. Cemeteries Advisory Board requesting naming the gazebo in Old Chapel Hill Cemetery.

   2. Petitions by citizens on items on the agenda.

   3. Announcements by Council members.

4. Consent: 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 on Land use, Transit and Development

   1. Resolution to enter into a contractual agreement for Phase II Stormwater Master Plan. (R-2)

      The Council will consider a resolution authorizing the Town Manager to execute Amendment 2 to the contract with Jewell Engineering Consultants, PC in the amount of $315,886 for the continued development of the Stormwater Management Program Master Plan.

   Council Goal 5: Improve Town’s Fiscal Condition

   2. A resolution supporting an application for FY 2009-2010 Transportation Demand Management Grant Funds. (R-3)

      The Council will consider a resolution supporting the submission of an application for a Transportation Demand Management Grant.

   3. Recommended 2009-2010 Capital Fund Program under the American Recovery and Reinvestment Act (ARRA) for Public Housing Renovations. (R-4)

      The Council will consider a resolution on a proposed plan to use $732,519 of the 2009-2010 Capital Fund grant under the ARRA.

   Other Routine Business

   4. Nominations to various boards and commissions. (R-5)

      The Council will consider nominations to the Bicycle and Pedestrian Advisory Committee, Chapel Hill Public Arts Commission, Community Design Commission, Historic District Commission, Sustainability Committee and Transportation Board.

   5. Transit Budget Ordinance Amendments. (O-1) (O-2) (O-3) (O-4)

      The Council will consider ordinances on various Transit Funds to reflect changes, corrections and budget adjustments.

   6. Mechanic Career Advancement Series. (O-5)

      The Council will consider amending an ordinance in the personnel pay plan.

   7. Technical Adjustments to Town Voter Owned Election Program. (O-6)

      The Council will consider amending an ordinance to make the changes requested by the State Board of Elections.

5. Information:
   1. Report on Development Agreement Timetable for Lot 5.

      The Council will receive the report.

Discussion

6. Consideration of an ordinance amendment on dog tethering and restraint. (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: Brian Curran, Police Chief)
   1. Dog Tethering and Restraint: Continuation of a Public Hearing.
      1. Introduction by the Manager
      2. Comments from citizens
      3. Comments and questions from the Mayor and Town Council
      4. Motion to recess Public Hearing.
      5. Consideration of an ordinance amendment on dog tethering and restraint. (O-7a, O-7b)
7. Consideration of a resolution for UNC Hospitals Imaging and Outpatient Center, 1350 Raleigh Road - Application for 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. UNC Hospitals Imaging and Outpatient Center 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 UNC Hospitals Imaging and Outpatient Center. (R-6a, R-6b)
8. Land Use Management Ordinance Text Amendment - Revised Residential-Special Standard- Conditional Zoning 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. Land Use Management Ordinance Text Amendment - Revised Residential-Special Standard- Conditional Zoning District: Continuation of a Public Hearing.
      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.
      5. Consideration of an ordinance amendment to the Residential-Special Standard- Conditional Zoning District. (O-8a, O-b)
9. Consideration of an ordinance and a resolution for Aydan Court 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: Phil Mason, Principal Planner)
   1. Aydan Court Rezoning: 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 Aydan Court. (O-9, R-7 would deny)
   2. Aydan Court 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 Aydan Court. (R-8a, R-8b would deny)
10. UNC Campus Semi-annual Presentation. (Presenter: Bruce Runberg, Associate Vice Chancellor) (No attachment)

    The Council will receive a report on activity on the main campus.

11. Increase in Town Motor Vehicle Tax. (Staff Presenter: Steve Spade, Transit Director) (O-10)

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

12. Appointments:
    1. Greenways Commission.

       The Council will make appointments to the Greenways Commission.

    2. Library Board of Trustees.

       The Council will make appointments to the Library Board of Trustees.

13. Petitions:
    1. By the Mayor and Council Members.
       1. Council Member Harrison on Legislation – Downtown parking “payment system”
    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.