TOWN OF CHAPEL HILL Town Council Business Meeting Town Hall Council Chambers 405 Martin Luther King Blvd., Chapel Hill NC 7:00 P.M., OCTOBER 28, 2009
			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.
			Concept Plans		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 generally 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.

Additional materials were presented during the meeting.

Amended resolutions or ordinances are not currently available on-line, please contact Communications and Public Affairs for amendments.

1. Opening
2. Public Forums and Hearings

   1. Public Forum on Proposed Lease of the Wallace Parking Deck to Kidzu Children’s Museum.

      PRESENTER: Ralph Karpinos, Town Attorney

      RECOMMENDATIONS: That the Council receive public comment on the proposed lease this evening and refer the comments to the Manager and Attorney for a follow-up report on November 9, 2009. If the review this evening and public comment warrant, an additional work session could be scheduled with Kidzu representatives.

      Revised language for proposed lease added.

      Received and Referred

3. Petitions from the Public

   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 from the Public

      1. Petition regarding Property Transfer and Dissolution of Affordable Rentals, Inc.

         RECOMMENDATIONS: That the Council consider the attached petition.

         Received & Referred

      2. Tom Holt regarding Council Vacancy

         Received & Referred

4. Announcements by Council Members

   1. Council Member Greene announced the passing of Yonni Chapman and the memorial will be on November 8th at noon at the Hargraves Center.

      Received & Referred

   2. Council Member Merritt petitioned the Council and asked staff to advise the Council on the status of the Northside Neighborhood Conservation District Ordinance regarding zoning compliance.

      Received & Referred

5. 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.

   1. Consent Agenda. (R-1)

      RECOMMENDATIONS: That the Council adopt the various resolutions and ordinances.

      R-1 Adopted

   2. Response to the petition to extend the hours of Sunday parking on Franklin Street. (O-1)

      Council Goal 2: Champion Downtown.

      RECOMMENDATIONS: That the Council enact the ordinance amending Chapter 21 of the Town Code of Ordinances regarding on-street parking to extend parking hours allowed on Sunday to 3:00 p.m.

      O-1 Enacted

   3. Budget Ordinance Amendment for the Affordable Housing Fund. (O-2)

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

      RECOMMENDATIONS: That the Council enact the attached budget ordinance budgeting $136,000 of revenue received to the revolving loan fund activity in the Affordable Housing Fund.

      O-2 Enacted

   4. Budget Ordinance Amendment for the Housing Loan Trust Fund. (O-3)

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

      RECOMMENDATIONS: That the Council enact the attached budget ordinance budgeting $42,000 of revenue received to the grants/deferred loans activity in the Housing Loan Trust Fund.

      O-3 Enacted

   5. Recommended Process for Public Review of a Draft Inclusionary Zoning Ordinance. (R-2)

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

      RECOMMENDATIONS: That the Council: (1) endorse the proposed schedule for community input on a proposed Inclusionary Zoning Ordinance; (2) allocate an amount not to exceed $5,000 to continue working with Clarion Associates to implement the public review process.

      R-2 Adopted

   6. Budget Amendment for FY 2009-10 for Traffic Impact Studies. (O-4)

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

      RECOMMENDATIONS: That the Council enact the attached budget amendment for FY 2009-2010 that would increase the Public Works Department budget by $206,331 to perform the traffic impact studies.

      O-4 Enacted

   7. Receipt of Glen Lennox Area Neighborhood Petition to Begin Phase Two of the Neighborhood Conservation District Initiation Procedure. (R-3)

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

      RECOMMENDATIONS: That the Council adopt the attached resolution accepting the petition to begin Phase Two of the Neighborhood Conservation District Initiation Procedures for the Glen Lennox Area Neighborhood and referring the petition to the Planning Board for review.

      R-3 Adopted

   8. Project Ordinance for a 2009-10 Transit Planning Grant (Federal Transit Administration Section 5303). (O-5)

      Council Goal 5: Improve Town's Fiscal Condition.

      RECOMMENDATIONS: That the Council enact a project budget ordinance.

      O-5 Enacted

   9. Project Ordinance for a 2009-10 Transit Planning Grant (Federal Highway Administration Section 104(f)). (O-6)

      Council Goal 5: Improve Town's Fiscal Condition.

      RECOMMENDATIONS: That the Council enact a project budget ordinance.

      O-6 Enacted

   10. Transit Fund Ordinance Amendment. (O-7)

       Council Goal 5: Improve Town's Fiscal Condition.

       RECOMMENDATIONS: That the Council enact the budget ordinance amendment.

       O-7 Enacted

   11. Adoption of Bond Order for Proposed Refunding of Outstanding General Obligation Bonds. (R-4a) (R-4b) (R-4c)

       Council Goal 5: Improve Town's Fiscal Condition.

       RECOMMENDATIONS: That the Council adopt the Bond Order for General Obligation Refunding Bonds and a resolution providing for the publication of the Bond Order, in the forms presented. The Bond Order authorizes the issuance of a maximum of $5,750,000 to refund public improvement bonds issued in 1998 and 2000. The resolution authorizes and directs the Town Clerk to publish a notice of the Bond Order in a newspaper of general circulation.

       R-4a Adopted
       R-4b Adopted
       R-4c Adopted

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

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

       RECOMMENDATIONS: That the Council enact an ordinance accepting the 2009 - 2010 Transportation Demand Management Grant awarded to the Town of Chapel Hill.

       O-8 Enacted

   13. Transit Grant Fund Budget Ordinance Amendment. (O-9)

       RECOMMENDATIONS: That the Council enact the budget ordinance amendment.

       O-9 Enacted

   14. Adoption of Minutes for the September 22, 2008 and the September 14, 2009 Meetings. (R-5)

       RECOMMENDATIONS: That the Council adopt a resolution approving the summary minutes of past meetings.

       R-5 Adopted

   15. Adoption of 2010 Council Meeting Calendar. (R-6)

       RECOMMENDATIONS: That the Council adopt the attached resolution establishing the Council calendar for 2010.

       R-6 Adopted

6. Information

   These items are reports or information for the Council.

7. Discussion

   1. Continuation of a Public Hearing: Elementary School #11 at 350 Caldwell Street Extension - Rezoning Application. (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.) (O-10) (R-7 would deny)

      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.

      PRESENTER: Kendal Brown, Principal Planner

      RECOMMENDATIONS: That the Council review the attached cover memorandum from the Town Manager and enact the Ordinance approving the rezoning.

      O-10 Enacted

   2. Continuation of a Public Hearing: Elementary School #11 at 350 Caldwell Street Extension - Special Use Permit Modification. (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.) (R-8a, 8b, R-8c would deny)

      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.

      PRESENTER: Kendal Brown, Principal Planner

      RECOMMENDATIONS: That the Council review the attached cover memorandum from the Town Manager and adopt the attached Revised Resolution A approving the Special Use Permit Modification with conditions, and Resolution B directing the Town Manager to monitor and address pavement and parking problems, should they arise after the school's opening.

      R-8a Adopted as Amended
      R-8b Adopted

   3. Retirement Health Savings Plan for New Employees. (R-9) (O-11)

      PRESENTER: Kenneth C. Pennoyer, Business Management Director

      RECOMMENDATIONS: That the Council adopt the Plan Adoption Resolution, enact the Ordinance Amending Section 14-59.1 Group Medical Insurance for Retiring Employees and authorize the Town Manager to take the following steps to establish a Retirement Health Savings Plan with ICMA Retirement Corporation:

      • Establish a retiree welfare benefits plan identifying the benefits available to retirees.
      • Execute a plan adoption agreement that describes the details of how the plan works.
      • Execute the Administrative Services Agreement for plan administration between the Town and ICMA RC.
      • Make a declaration of trust establishing the legal entity to hold assets and the duties of the Town (employer) and the trustee.
   4. Council Vacancy: Eligibility and Nomination of Applicants.

      PRESENTER: Ralph Karpinos, Town Attorney

      RECOMMENDATIONS: The Council may nominate applicants at tonight's meeting. The Council is scheduled to hear comments from applicants at a special meeting at the November 9 Business Meeting and may make an appointment that evening at the regular business meeting.

      Nomination of applicants approved.
      Special Meeting on November 9 cancelled.

8. Appointments
9. Petitions by the Mayor and Council Members

   1. Council Member Ward report and information on Pay as You Throw program.

      Received and Referred

   2. Council Member Greene regarding Peace and Justice Marker and nomination of Yonni Chapman and Charlie Jones.

      Received and Referred

10. Petitions 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.

    Closed session approved