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, June 22, 2009

7:00 p.m.

*REVISED June 18, 2009

View Council Meeting Video Online

Town Council Regular Business Meeting

1. Opening: None.

2. Public Forums and Hearings: None.

3. Petitions by citizens. 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. Chapel Hill Downtown Partnership regarding establishing a Parking Board.

      The Council will consider the petition.

4. Announcements by Council members.

5. 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 2: Champion Downtown

   1. Request from the Chapel Hill Downtown Partnership to establish a beer/wine garden venue on the Wallace Parking Deck Plaza. (R-2)

      The Council will consider a resolution approving the Chapel Hill Downtown Partnership’s request to serve beer and unfortified wine during the Locally Grown series music concert in July and August 2009.

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

   2. Authorization to establish a project budget ordinance for job access and reverse commute grant. (O-1)

      The Council will consider an ordinance to enact a budget ordinance effective upon contract execution between Chatham County, the Town of Pittsboro and the Town of Chapel Hill. The Council will consider a resolution amending the 2009-10 user fee policy to include a fare for regional express bus service operated by Chapel Hill Transit.

   3. Authorization to apply for Federal and State grants for public transportation. (R-3)

      The Council will consider a resolution to adopt the annual authorization for the Manager or his designee to apply for and execute contracts for public transportation grants.

   4. Project Ordinance for a Transportation Capital and Planning Grant. (O-2)

      The Council will consider a budget ordinance to support capital needs of Chapel Hill Transit.

   5. American Recovery and Reinvestment Act of 2009 – Surface Transportation Program, Direct Allocation Funds, and Section 5307/5340 Transit Program. (R-4) (O-3a) (O-3b)

      The Council will consider a resolution which would authorize the Town Manager to enter into Municipal Agreements with the North Carolina Department of Transportation to fund projects identified for Surface Transportation Program Direct Allocation funding. The attached budget ordinance would set up funding for the Pedestrian Safety Improvements project.

   6. Authorization to initiate public comment process for Chapel Hill Long Range Transit Plan. (R-5)

      The Council will consider a resolution authorizing the Town Manager to initiate a public comment process for the Chapel Hill Long Range Transit Plan Report and set a public forum for October 12, 2009.

   7. Authorization to Establish a Project Budget for an American Recovery and Reinvestment Act Grant. (O-4)

      The Council will consider a project ordinance effective upon grant award by the Federal Transit Administration.

   Council Goal 4: Maintain and Improve Community Facilities and Services

   8. Use of Fannie Mae Uniform Community Land Trust Ground Lease rider. (R-6)

      The Council will consider endorsement of the Land Trust’s use of the Fannie Mae Uniform Community Land Trust Ground Lease rider. The Council will consider a resolution authorizing the Manager to execute necessary documents that would implement this endorsement.

   9. Recommended 2009-2010 Human Service performance agreements. (R-7)

      The Council will consider a resolution to authorize the Manager to develop performance agreements with human service agencies as recommended by the Human Services Advisory Board.

   10. Budget amendment for Active Living by Design. (O-5)

       The Council will consider an ordinance to accept the funds from the Robert Wood Johnson Foundation.

   11. Authorization to grant sewer easements to OWASA on Town property along Bolin Creek. (R-8)

       The Council will consider a resolution authorizing the Town Manager to execute an agreement with OWASA to grant easements for installation and maintenance of sewer lines on Town-owned-properties.

   12. Adoption of the current editions of the North Carolina Building and Fire Code. (O-6)

       The Council will consider an ordinance to enact by reference the current editions of the North Carolina Building and Fire Codes.

   Council Goal 5: Improve Town’s Fiscal Condition

   13. Authorization to apply for American Recovery and Reinvestment Act Grants. (R-9)

       The Council will consider a resolution authorizing the Town Manager to apply for and execute contracts for American Recovery and Reinvestment Act (ARRA) grants.

   14. Authorization to participate in the State Treasurer’s Other Post-Employment (OPEB) Fund. (R-10)

       The Council will consider a resolution authorizing participation in the State Treasurer’s Local Government Other Post-Employment Benefits Fund.

   15. Workers’ Compensation Ordinance Change. (O-8)

       The Council will consider an ordinance to repeal Chapter 14, Article VII Sec. 14-64 of the Code of Ordinances providing Workers’ Compensation Leave.

   Other Routine Business:

   16. Year-End Budget Amendment for 2008-09. (O-9)

       The Council will consider an ordinance for a year-end budget amendment for FY 2008-09.

   17. Budget Ordinance Amendments to correct and adjust various transit fund budgets. (O-10)

       The Council will consider ordinances to enact budget amendments for FY 2008-09.

   18. Ordinance Repeals and Amendments. (O-11)

       The Council will consider the proposed ordinance amendments and repeals.

   19. Resolution approving N.C. Records Retention and Disposition Schedule. (R-11)

       The Council will consider a resolution approving the Records Retention and Disposition Schedule in accordance with N.C.G.S. Chapters 121 and 132.

   20. Nominations to various boards and commissions. (R-12)

       The Council will consider nominations to various boards and commissions.

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

   1. Report on Park and Trail Conditions.

      The Council will receive the report and discuss the issue in greater depth in the fall of 2009.

   2. Response to Petition from the Active Living by Design Advisory Committee.

      The Council will consider merging the Active Living by Design Committee with the Parks and Recreation Commission. We believe a plan for merger of Active Living with the Parks and Recreation Commission can be accomplished by January, 2010 with a goal of merging by January 2011.

Main Discussion

7. Flood Damage Prevention Ordinance. (Without objection, the report and any other materials submitted at the hearing for consideration by the Council will be entered into the record.) (Staff Presenter: Sue Burke, Stormwater Engineer) (O-12)

   1. Continuation of a Public Hearing: Flood Damage Prevention Ordinance
   2. Introduction and recommendations by the Manager
   3. Comments from citizens
   4. Comments and questions from the Mayor and Town Council
   5. Motion to adjourn Public Hearing.

   The Council will consider the proposed ordinance.

8. Carolina North Development Proposal. (Without objection, the report and any other materials submitted at the hearing for consideration by the Council will be entered into the record.) (Staff Presenter: Roger Stancil, Town Manager)

   1. Land Use Management Ordinance Text Amendment creating the University-1 (U-1) zoning district. (O-13)

      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 adopt the Land Use Management Ordinance Text Amendment creating the University-1 (U-1) zoning district.

   2. Zoning Atlas Amendment to rezone a portion of the Horace Williams Tract to the University-1 (U-1) zoning district. (O-14)

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

      The Council will consider an ordinance to adopt the Zoning Atlas Amendment to rezone a portion of the Horace Williams Tract to the University-1 (U-1) zoning district.

   3. Carolina North Development Agreement. (O-15)

      1. Introduction and recommendation by the Manager
      2. Presentation by University of North Carolina at Chapel Hill as party to proposed Development Agreement
      3. Comments by citizens
      4. Comments and questions from the Mayor and Town Council
      5. Motion to adjourn Public Hearing.

      The Council will consider an ordinance to adopt the Carolina North Development Agreement.

   4. Resolution directing the Town Manager to report back to the Council on a process that would implement a plan for continued public participation. (R-13)

      The Council will consider a resolution directing the Town Manager to report back to the Council on a process that would implement a plan for continued public participation regarding the development of the first 800,000 square feet of floor area at Carolina North.

9. Appointments:

   1. Board of Adjustment.

      The Council will consider making appointments to the Board of Adjustment.

   2. Bicycle and Pedestrian Advisory Board.

      The Council will consider making appointments to the Bicycle and Pedestrian Advisory Board.

   3. Chatham/Orange Joint Planning Task Force. (R-14)

      The Council will consider appointing two Council members to serve on the committee.

   4. JOCCA (Joint Orange Chatham Community Action, Inc.) (R-15)

      The Council will consider appointing one Council member to serve on the committee.

   5. Parks and Recreation Commission.

      The Council will consider making appointments to the Parks and Recreation Commission.

   6. Public Housing Program Advisory Board.

      The Council will consider making appointments to the Public Housing Program Advisory Board.

   7. Stormwater Management Utility Advisory Board.

      The Council will consider making appointments to the Stormwater Management Utility Advisory Board.

10. Petitions:

    1. By the Mayor and Council Members.

    2. By the Manager and Attorney.

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

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