SUMMARY MINUTES

SUMMARY MINUTES OF A BUSINESS MEETING

OF THE CHAPEL HILL TOWN COUNCIL

MONDAY, NOVEMBER 22, 2004, AT 7:00 P.M.

Mayor Kevin Foy called the meeting to order at 7:00 p.m.

Council members present were Sally Greene, Ed Harrison, Cam Hill, Mark Kleinschmidt, Bill Strom, Dorothy Verkerk, Jim Ward, and Edith Wiggins.

Staff members present were Town Manager Cal Horton, Deputy Town Manager Florentine Miller, Assistant Town Manager Bruce Heflin, Town Attorney Ralph Karpinos, Town Information Officer Catherine Lazorko, Stormwater Engineer Fred Royal, Senior Long Range Planning Coordinator Chris Berndt, Interim Public Works Director Bill Terry, Transportation Planner David Bonk, Engineering Director George Small, Finance Director Kay Johnson, Assistant Finance Director Jeanne Erwin, Police Chief Gregg Jarvies, Planning Director Roger Waldon, Engineering Design Specialist Mike Taylor, Assistant Parks and Recreation Director Bill Webster, and Town Clerk Joyce Smith.

Item 1 - Ceremony: Recognition of the

Alliance of AIDS Services of the Carolinas

Mayor Foy introduced Jacquelyn Claymore, Executive Director of the Alliance of AIDS Services of the Carolinas. Ms. Claymore explained that the Alliance was a non-profit agency that began in 1990 and serves about 1,000 people across the Triangle each year. It provides prevention services, client services to those infected with HIV, faith-based care teams, and "Hospice-type” housing. Ms. Claymore expressed pride in what her agency had been able to do and gratitude for the help from Chapel Hill, Carrboro and Orange County.

Item 2 - Public Hearings and Forums

2.1 Public Forum on the 2003 Mobility Report Card.

Senior Transportation Planner David Bonk compared Chapel Hill's 2003 Mobility Report Card, completed by L.S.A. Associates, with the 2001 Report Card completed by the same firm. The Town had improved in most categories and had remained about the same in others, he said. Mr. Bonk pointed out, though, that Chapel Hill had shown a marked decline in bicycle activity. He said that Town advisory boards had described the report as generally useful, but had made suggestions for improvements. Mr. Bonk told Council members that the report had been useful to the staff, and he recommended beginning the process of securing funding for an update in 2005.

Chapel Hill resident Wayne Pein, an avid bicyclist, asserted that L.S.A. Associates’ accounting method was wrong. L.S.A. Associates had claimed that wide outside lanes had been added to numerous streets even though none had been added anywhere, he said. Mr. Pein stated that the authors had falsely tied motor vehicle speed with bicycle safety and had called for "segregating bicyclists for our own good." Mr. Pein characterized this as a common misperception that amounted to "fear mongering." He recommended instituting a traffic-calming vehicles program under which traffic would travel at 30 mph on main roads, for example. Mr. Pein argued that the bicycle mobility index was not a useful concept. To illustrate this, he noted that the "supposedly wonderful" bike lanes on Airport Road had received the same medium rating as the "supposedly terrible” five-lane cross-section close to campus.

Mayor Foy explained that the Council had received this Mobility Report Card in early October 2004. They had received comments from the Town Planning Board, the Bicycle and Pedestrian Advisory Board, the Greenways Commission, the Parks and Recreation Commission, and Active Living by Design Board, he said.

Council Member Verkerk asked Mr. Bonk if the staff was considering a Planning Board suggestion to include maps showing incidents of accidents and injuries in the next report. Mr. Bonk replied that they could present that data in a detailed summary of accidents involving bicyclists and pedestrians and their locations. He pointed out that it would be a much larger exercise to map that for the entire Town, but said that it could be done. Council Member Verkerk said that such information would help identify intersections that need work.

Council Member Harrison mentioned a staff note about reviewing the multimodal mobility evaluation to refine the data. He asked Mr. Bonk if there were plans to change the way that was being done. Council Member Harrison mentioned that they might take uses from the same places, such as stretches of urban road, for example, to see if those conform with each other or not. He wondered if there were other ways to do a mobility index. Mr. Bonk replied that the staff had discussed looking at corridors with regard to all of the modes that use them and representing those modes by the number of “person trips” using the corridor. He noted that a bus would have many people in it as opposed to a car that might carry 1.1 people on average. Mr. Bonk noted that the staff had discussed calculating such person trips rather than automobile volumes, but they had not had enough time to expand the concept.

Council Member Harrison inquired about having a bar graph representation of the different corridors. Mr. Bonk replied that the staff had not discussed that and that it would obviously depend on the data. Council Member Harrison said that he was trying to find ways to make the case to NCDOT for the secondary roads. The Mobility Report Card was the best tool for making the case for multiple modes being in the corridor, he said. Council Member Harrison recommended making the methodology as effective as possible in order to make the case for adding facilities.

Mayor Foy pointed out that this was an ongoing project. The proposed resolution would ask for funding from the Metropolitan Planning Organization for the next update of the report, he said.

COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER VERKERK, TO ADOPT R-O.1. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ENDORSING THE FINDINGS OF THE 2003 CHAPEL HILL MOBILITY REPORT CARD AND REQUESTING FUNDING FROM THE DURHAM-CHAPEL HILL-CARRBORO METROPOLITAN PLANNING ORGANIZATION FOR THE 2005 MOBILITY REPORT CARD (2004-11-22/R-0.1)

WHEREAS, the Mobility Report Card is an important element of the Town’s Comprehensive Plan; and

WHEREAS, the 2003 Chapel Hill Mobility Report Card presented information on the Chapel Hill transportation network; and

WHEREAS, the 2003 Report Card provided the community with important information on the changes in travel behavior within Chapel Hill; and

WHEREAS, the Town Council has reviewed the findings of the 2003 Mobility Report Card.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council endorses the findings of the 2003 Chapel Hill Mobility Report Card.

BE IT FURTHER RESOLVED that the Council requests funding from the Durham-Chapel Hill-Carrboro Metropolitan Planning Organization to complete the 2005 Chapel Hill Mobility Report Card.

This the 22^nd day of November, 2004.

Mayor Foy explained that Council comments, as well as those from Town advisory boards and commissions, would be incorporated into a final recommendation that the Council would receive in late January 2005.

2.2 Public Forum on the NC 86 Pedestrian Study.

Mr. Bonk introduced Charlie Zegeer, of the NC Highway Safety Research Center, to report on conditions and possible solutions to problems along Airport Road. Mr. Zegeer described the methodology used in compiling information on a four-mile section of Airport Road from Interstate 40 to North Street. He pointed out that this stretch had eight signalized intersections. Mr. Zegeer reported that data on five years of pedestrian and bicycle crashes on Airport Road had shown that twenty-seven bicyclists and eight pedestrians had been hit. Most of those accidents had occurred along the southern section of the roadway, he said.

Mr. Zegeer noted the high traffic volume and speed, the numerous conflict points, and the incomplete and inconsistent pedestrian facilities. He also discussed hazardous intersections, deficient bus stop locations, site distances, curb cuts, and hazardous drainage grates. The following is a summary of Mr. Zegeer’s recommendations for solving safety, access, and transit-user problems:

· Provide raised center median.

· Complete connected sidewalks.

· Install bike lanes for the entire corridor.

· Repair hazardous drainage grates with bike-friendly design.

· Identify hazards and develop a regular maintenance (sweeping) plan.

· Provide bicycle access from each side of Airport Road to Bolin Creek Trail.

· Connect Airport Road bike facilities with other bike routes/paths.

· Improve intersection safety with narrow turn radii at intersections and driveways.

· Add proper curb cuts to all pedestrian crossing locations.

· Provide crosswalks and signal heads at all sides of signalized intersections.

· Add median refuge/extension with curb cuts to crossing areas.

· Consider restricting right-turn-on-red maneuvers.

· Enforce lower motor vehicle speed.

· Reduce the width of the travel lanes to 11 feet or less through re-striping or through curb or median realignment.

· Add a planted median.

· Improve sight distances at connectors by developing landscape planting and maintenance guidelines for the entire corridor.

· Continue raised sidewalk across all driveways.

· Enhance transit stops by providing platforms, looking at bus shelters, and evaluating the need for bicycle parking at transit stops.

· Look at disability accessibility.

Mr. Pein objected to the way in which the report treated bicyclists and pedestrians as though they had similar operating characteristics. He stated that there were numerous errors and misrepresentations in the study and he distributed a detailed written critique to Council members. Mr. Pein recommended that the Town either do nothing but add "Use Full Lane" or, create 15-foot lanes going uphill and 11-foot lanes going downhill.

Transportation Board Acting Vice Chair Eleanor Howe encouraged the Council to support and implement the Plan. She stated that some of areas, such as the pedestrian crossings north of Estes Drive, needed immediate attention. Ms. Howe suggested dividing the recommendations into sections and deciding what could be done now and what should be left until later. She advised the Council not to drag the planning phase out but to coordinate the changes with others that would occur with development along Airport Road.

THE REPORT WAS RECEIVED AND REFERRED BY CONSENSUS TO THE MANAGER FOR A REPORT BACK ON JANUARY 24, 2005.

2.3 Public Hearing on Consideration of Amended Hazard Mitigation Plan.

Stormwater Management Engineer Fred Royal discussed the manner in which the 2002 Plan had been updated to include additional features required by the FEMA Disaster Mitigation Act. The Plan now included a more substantial planning process that required more interaction between departments, agencies, and local units of government, he said. Mr. Royal told Council members that the Plan would include a risk assessment section that would address all hazards to which Chapel Hill was subject. He noted that this is a change from addressing flooding only, as the Town had done in the past.

Mr. Royal stated that the mitigation strategy had been developed based on hazards that the staff had identified. They had developed additional programs that could be incorporated into Town business to further reduce risks that are based on hazards, he said. Mr. Royal said that the Plan’s maintenance process was a substantial change. It now required the Town to address it annually and to possibly make a revision every five years, he said. Mr. Royal stated that there were additional requirements that the State and federal governments now required just to meet the language of the law.

Council Member Harrison asked if the amended Plan would help the Town get funding for specific projects. Mr. Royal replied that by demonstrating that it has all “its ducks in a row” and has prioritized its repetitive loss structures, for example, the Town would substantially enhance its ability to generate funds. Council Member Harrison asked if other projects (such as greenways, where properties are always in high hazard areas and include structures) could be included. Or, must the Town stick only to hazard mitigation issues, he asked. Mr. Royal replied that such projects would have to meet the cost/benefit and repetitive loss thresholds. And they have to be structures that have flood insurance, he pointed out. Council Member Harrison determined that it did not matter to FEMA if the Town factored in other potential projects, since they were dealing only with hazard mitigation.

Council Member Strom asked for an update on floodplain maps. Mr. Royal replied that this was "a tough subject when it comes to scheduling." His last information indicated that the Town would receive preliminary maps sometime between Thanksgiving and Christmas, 2004, Mr. Royal said. Council Member Strom asked how those maps, if received, would interplay with this Plan. Mr. Royal replied that the staff would have to look at the maps and the updated floodplain elevations and then reassess the hazards in the floodplains as they expand or contract. Council Member Strom verified that Mr. Royal had not received any indication of elevations.

COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT R-1. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ADOPTING THE TOWN OF CHAPEL HILL HAZARD MITIGATION PLAN 2004 (2002-11-22/R-1)

WHEREAS, the Town Council desires to remain eligible for State and federal hazard mitigation and disaster relief funds in the event of a declared disaster within or including the Town of Chapel Hill; and

WHEREAS, the Council recognizes the value of having a plan in place for identifying, prioritizing, and mitigating potential and real hazards that would affect Chapel Hill and its residents in the event of a disaster; and

WHEREAS, the Legislature of the State of North Carolina has in Part 6, Article 21 of Chapter 143; Parts 3, 5, and 8 of Article 19 Chapter 160A; and Article 8 of Chapter 160A of the North Carolina General Statutes, delegated to local governmental units the responsibility to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and

WHEREAS, the Legislature of the State of North Carolina has in Section 1, Part 166A of the North Carolina General Statutes (adopted in Session Law 2001-214—Senate Bill 300 effective July 1, 2001) stated in Item (a) (2) “For a state of disaster proclaimed pursuant to G.S. 166A-6(a) after August 1, 2002 the eligible entity shall have a hazard mitigation plan approved pursuant to the Stafford Act”; and

WHEREAS, Section 322 of the Federal Disaster Mitigation Act of 2000 states that local governments must develop an Hazard Mitigation Plan in order to receive future Hazard Mitigation Grant Program Funds; and

WHEREAS, it is the intent of the Town Council to fulfill this obligation in order that the Town will be eligible for federal and State assistance in the event that a state of disaster is declared for a hazard event affecting the Town;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council:

1. Adopts the Town of Chapel Hill Hazard Mitigation Plan 2004; and

2. Vests the Town Manager with the responsibility, authority, and the means to:

(a) Inform all concerned parties of this action.

(b) Cooperate with federal, State, and local agencies and private firms which undertake to study, survey, map, and identify floodplain or flood-related erosion areas, and to cooperate with neighboring communities with respect to management of adjoining floodplain and/or flood-related erosion areas in order to prevent aggravation of existing hazards.

(c) Adjust the boundaries of Town and municipal planning jurisdiction whenever a municipal annexation or extraterritorial jurisdiction expansion results in a change whereby the Town assumes or relinquishes the authority to adopt and enforce floodplain management regulations for a particular area in order that all Flood Hazard Boundary Maps (FHBMs) and Flood Insurance Rate Maps (FIRMs) accurately represent the Town’s planning jurisdiction boundaries; and to provide notification of boundary revisions, along with a map suitable for reproduction and clearly delineating municipal corporate limits and extraterritorial jurisdiction boundaries, to all concerned parties.

3. Directs the Town Manager to routinely review the Town’s Hazard Mitigation Plan annually, and to review the Plan in greater detail at least once every five years, to assure that the Plan is in compliance with all State and federal regulations and that any needed revisions or amendments to the Plan are prepared and presented to the Town Council for consideration and approval.

4. Agrees to take such other official action as may be reasonably necessary to carry out the objectives of the Town’s Hazard Mitigation Plan.

This the 22^nd day of November, 2004.

Item 3 - Petitions by Citizens and

Announcements by Council Members

3a. Petitions by Citizens on Items not on the Agenda.

3a(1). Howard Baldwin, regarding Airport Road and Leaf Blowers.

Mr. Baldwin spoke in opposition to a ban on leaf blowers. He wondered how people were supposed to make a living, and he asked Council members to scratch that idea off their list because "it's the most ridiculous thing I've ever seen in my life." In addition, Mr. Baldwin praised Dr. Martin Luther King, Jr., but said he saw no reason to rename Airport Road in Dr. King’s honor. Doing so would adversely affect all of the businesses along that road by forcing them to change their addresses, he said.

3b. Petitions by Citizens on Items on the Agenda. None

3c. Announcements by Council Members.

3c(1). Council Member Greene.

Council Member Greene thanked the hard-working Town staff, Orange County, and the Triangle United Way for helping the Council put on a very successful roundtable discussion of homelessness. She said that more than 100 people had attended the discussion and that many wanted to start working on the problem in very constructive ways. The group would soon meet again to plan what happens next, Council Member Greene said.

3c(2). Council Member Kleinschmidt.

Council Member Kleinschmidt stated that he had recently been a judge at a Regional High School Mock Trial Tournament, which was a “blind tournament where judges did not know the schools of the contestants. The “extraordinarily talented” group of students who won were from East Chapel Hill High, he said. Council Member Kleinschmidt commented that he had been deeply impressed by their level of talent and skill.

3c(3). Mayor Foy.

Mayor Foy announced that the Downtown Economic Development Corporation Board would meet earlier in December than they originally scheduled. He hoped and believed that they would formally adopt a policy of abiding by the open meetings law in North Carolina, he said. Mayor Foy stated that someone from the School of Government would attend the meeting and advise the Board on what that means. So, that matter should resolve itself, said Mayor Foy, and the Council should know the resolution by its next business meeting.

3c(4). Mayor Foy.

Mayor Foy announced that Town Clerk Joyce Smith, a Town employee for 23 years, would retire on November 30, 2004. Tonight was her last Council meeting, he pointed out. He reminded the Council and members of the public that a reception would be held in Ms. Smith’s honor on November 30^th from 2:30 to 4:30 p.m. in the Council Chamber.

Mayor Foy suggested that the Council acknowledge and thank Ms. Smith for her long years of service to the Town. Council members, as well as members of the audience, gave Ms. Smith a long and warm round of applause.

3c(5). Council Member Strom.

Council Member Strom said that he and Council Member Hill had been present at a recent marker dedication ceremony at the Old Chapel Hill Cemetery. He reported that the event had been well attended. Council Member Strom stated that a substantial marker had peen put in a prominent place and was an asset to Town property there.

Council Member Strom also told Council members that he had attended the site blessing for Rush Hollow, a new Habitat for Humanity community on Rogers Road. He noted that the Council had allocated a substantial part of the money that had made that development possible.

Item 4 - Consent Agenda

Council Member Strom removed 4j, Revisions to Council Meeting Calendar.

With regard 4b, Gas Franchise Ordinance, Council Member Ward inquired about opportunities for pedestrian corridors along those rights-of-way. He had raised this in the past, he said, and he wondered if national regulations had prevented the Town from having any success in this area. Or, had it been a regional or local decision, asked Council Member Ward. Mayor Foy recommended deferring action on this item until the Town could discuss it with the Public Service Company.

Mayor Foy removed 4L, Beechridge SUP minor change, and asked Mr. Franklin Lamm to address that issue. Mr. Lamm asked the Council to endorse the Town Manager's recommendation for approval of the minor change to the Beechridge SUP. That change would provide for a pedestrian trail and recreation space rather than grills and a gravel road, he said, since the latter would have safety and environmental problems.

Mr. Lamm offered background on the issue and explained that Beechridge residents had unanimously agreed that the generically good idea was not appropriate for this space. He asked that the space be maintained in a natural state with a walking trail for access and use. Mr. Lamm noted that the proposed changes had been reviewed and unanimously endorsed by the Town’s Parks and Recreation Commission and the Community Design Commission. Adjacent homeowners had been notified and had expressed no objections, he said.

Mayor Foy noted that the Council had removed 4b for consideration at another time and 4j for consideration at the end of the meeting,

COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT R-2 WITH 4B AND 4J REMOVED. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES (2004-11-22/R-2)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the following resolutions and ordinances as submitted by the Town Manager in regard to the following:

a.	Nominations to Various Advisory Boards and Commissions (R-3).
b.	Removed.
c.	(1)	Annual Report on Annexation Areas
	(2)	Resolution Identifying Areas as Being Under Consideration for Possible Future Annexation (R-4).
d.	Increase Cablevision Public Access Fees by the Amount of the Inflation Factor (R-5).
e.	Calling a Public Hearing to Consider Changes to Parking Regulations in LUMO (R-6).
f.	Proposed Extension of a Lease of a Building on Homestead Road to Sport Art (R-7).
g.	Budget Amendment for the Installation of Parking Meters on Cameron Avenue (O-2).
h.	Annual Report from the Chapel Hill Solar Roofs Committee (R-8).
i.	Demolition of a House Located at 603 Nunn Street (O-3, O-4).
j.	Removed.
k.	Project Ordinance Amendment – Town Operations Center (O-5).
l.	Beechridge Development – Request for Minor Change to Special Use Permit for Recreation Space (R-10).

This the 22^nd day of November, 2004.

A RESOLUTION NOMINATING APPLICANTS TO VARIOUS ADVISORY BOARDS AND COMMISSIONS (2004-11-22/R-3)

WHEREAS, the applications for service on an advisory board or commission or other committees listed below have been received; and

WHEREAS, the applicants have been determined by the Town Clerk to be eligible to serve;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the following names are placed in nomination to serve on an advisory board or commission:

Historic District Commission

Michelle Oakes

Transportation Board

Steven “Alex” Smith

This the 22^nd day of November, 2004.

A RESOLUTION IDENTIFYING THE AREAS DESCRIBED WITHIN AS BEING UNDER CONSIDERATION FOR ANNEXATION (2004-11-22/R-4)

BE IT RESOLVED by the Council of the Town of Chapel Hill:

SECTION 1

That pursuant to G.S. 160A-49(i), the following described areas are identified as being under consideration for annexation by the Town of Chapel Hill, under provisions of Part 3, Article 4A of Chapter 160A of the General Statutes of North Carolina:

Generally, the unincorporated areas between Chapel Hill’s existing corporate limits and the Town’s Urban Services Boundary as identified on the 2000 Land Use Plan that was adopted by the Council on May 8, 2000.

The above-referenced areas are specifically shaded on the attached map (“Areas Under Consideration for Future Annexation – November 22, 2004”), which shall be incorporated into this resolution by reference, in accordance with N.C. General Statute 160A-49(i).

SECTION 2

That pursuant to G.S. 160A-49(i), persons subject to annexation by this Resolution of Consideration are hereby notified of their rights under North Carolina General Statute Subsections 160A-49(f1) and 160A-49(f2).

Subsections 160A-49(f1) and (f2) provide as follows:

(f1) Property Subject to Present-Use Value Appraisal. – If an area described in an annexation ordinance includes agricultural land, horticultural land, or forestland that on the effective date of annexation is:

(1) Land that is being taxed at present-use value pursuant to G.S. 105-277.4; or

(2) Land that:

a. Was on the date of the resolution of intent for annexation being used for actual production and is eligible for present-use value taxation under G.S. 105-277.4, but the land has not been in use for actual production for the required time under G.S. 105-277.3; and

b. The assessor for the county where the land subject to annexation is located has certified to the city that the land meets the requirements of this subdivision

the annexation becomes effective as to that property pursuant to subsection (f2) of this section.

(f2) Effective Date of Annexation for Certain Property. – Annexation of property subject to annexation under subsection (f1) of this section shall become effective:

(1) Upon the effective sate of the annexation ordinance, the property is considered part of the city only (i) for the purpose of establishing city boundaries for additional annexations pursuant to the Article and (ii) for the exercise of city authority pursuant to Article 19 of this Chapter.

(2) For all other purposes, the annexation becomes effective as to each tract of such property or part thereof on the last day of the month in which that tract or part thereof becomes ineligible for classification pursuant to G.S. 105-227.4 or no longer meets the requirements of subdivision (f1)(2) of this section. Until annexation of a tract or a part of a tract becomes effective pursuant to this subdivision, the tract or part of a tract is not subject to taxation by the city under Article 12 of Chapter 105 of the General Statutes nor is the tract or part of a tract entitled to services provided by the city.

SECTION 3

That a copy of this resolution shall be filed with the Town Clerk.

This the 22^nd day of November, 2004.

A RESOLUTION ADOPTING AN INFLATION ADJUSTMENT TO THE PUBLIC ACCESS FEE BILLED TO CABLE TELEVISION CUSTOMERS IN CHAPEL HILL (2004-11-22/R-5)

WHEREAS, on November 8, 2004, the Town Council held a public forum on whether to increase the cablevision public access fee; and

WHEREAS, a two-cent increase in the public access fee would generate about $1,500 in additional annual funds;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council herby increases the public access fees from 72 to 74 cents per month, beginning January 1, 2005.

This the 22^nd day of November, 2004.

A RESOLUTION CALLING A PUBLIC HEARING TO CONSIDER AMENDING PARKING REGULATIONS IN THE LAND USE MANAGEMENT ORDINANCE (2004-11-22/R-6)

WHEREAS, the Council of the Town of Chapel Hill has commissioned a study of parking patterns in Chapel Hill; and

WHEREAS, the consultant has provided the results of the study;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council calls a Public Hearing for 7:00 pm on Monday, February 21, 2005, in the Chapel Hill Town Hall, to consider amending the parking related provisions of the Land Use Management Ordinance and refers the Consultant’s Report to the Town Manager, the Bicycle and Pedestrian Advisory Board, the Community Design Commission, the Planning Board, and the Transportation Board for an opportunity to comment and recommendation.

This the 22^nd day of November, 2004.

A RESOLUTION AUTHORIZING THE MANAGER TO EXECUTE A LEASE AGREEMENT FOR THE APPROXIMATELY 6,000 SQUARE FOOT BUILDING LOCATED AT 2200 HOMESTEAD ROAD FROM JANUARY 1, 2005 UNTIL DECEMBER 31, 2006 (2003-11-22/R-7)

WHEREAS, Sport Art Gymnastics LLC currently operates a gymnastics school in a building owned by the Town of Chapel Hill; and

WHEREAS, the Town desires that the services of the gymnastics school continue to be offered to the citizens of Chapel Hill; and

WHEREAS, the Town has published a public notice of the Council’s intent to enter into a lease agreement with Sport Art Gymnastics LLC; and

WHEREAS, no other party has requested to lease said premises;

NOW THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to execute a lease agreement on behalf of the Town with Sport Art Gymnastics, LLC or its successors in interest, for an approximately 6,000 square feet building at 2200 Homestead Road for the operation of a gymnastics school, said lease containing conditions substantially as the existing lease executed by Sport Art Gymnastics on June 14, 2004.

This the 22^nd day of November, 2004.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2004” (2004-11-22/O-2)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled “An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 2004” as duly adopted on June 14, 2004 and the same is hereby amended as follows:

ARTICLE I

APPROPRIATIONS	Current Budget	Increase	Decrease	Revised Budget

ON-STREET PARKING FUND	629,580	10,000		639,580

ARTICLE II

REVENUES	Current Budget	Increase	Decrease	Revised Budget

ON-STREET PARKING FUND	629,580	10,000		639,580

This the 22^nd day of November, 2004.

A RESOLUTION AUTHORIZING THE MILLION SOLAR ROOFS COMMITTEE TO CONTINUE WORK WITH STAFF SUPPORT FOR ONE YEAR (2004-11-22/R-8)

WHEREAS, the Town Council in November 2000, appointed the Million Solar Roofs Steering Committee to develop an Action Plan to achieve the Council’s goal of 500 new solar energy systems installed by 2010 in the Chapel Hill area; and

WHEREAS, the Committee in June 2001, presented the Council the Chapel Hill Million Solar Roofs Action Plan recommending actions intended to make progress on the 500-system goal; and

WHEREAS, continuation of the Committee would allow the Committee to extend its work implementing the recommendations in the Action Plan and pursue grant-funded activities;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes staff support for the Chapel Hill Million Solar Roofs Committee for one year.

BE IT FURTHER RESOLVED that the Council authorizes the use of $600 previously budgeted for the solar panel installation at the Chapel Hill Community Center for solar outreach efforts.

This the 22^nd day of November, 2004.

AN ORDINANCE DIRECTING THAT THE BUILDING INSPECTOR PROCEED TO EFFECTUATE THE PURPOSE OF CHAPTER 9, ARTICLE 2 OF THE CHAPEL HILL CODE OF ORDINANCES AS THEY APPLY TO THE DILAPIDATED HOUSE AT 603 NUNN STREET, TAX MAP NUMBER 7.93.L.33 INCLUDING HAVING THE STRUCTURE DEMOLISHED AND A LIEN FOR THE COST OF DEMOLITION PLACED ON THE PROPERTY (2004-11-22/O-3)

BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:

Section 1. Findings.

A. The Council finds, based on the report of the Town Manager dated November 22, 2004, that the Chapel Hill Inspections Department has taken the procedural steps required by Chapter 9 of the Town of Chapel Hill Code of Ordinances with respect to the residential structure at 603 Nunn Street, Chapel Hill (TMBL # 7.93.L..33) prior to adoption this Ordinance.

B. The Council finds that the owner of this dwelling has been given a reasonable opportunity to bring the property into conformity with the Housing Code of the Town of Chapel Hill and has failed to do so.

C. The Council finds that the Inspections Department conducted a hearing on December 2, 2003 for the purposes of determining whether the property at 603 Nunn Stre et is unfit for human habitation and deteriorated.

D. The Council finds that the Inspections Department, as a result of that hearing, determined that the property is deteriorated and unfit for human habitation and in violation of the Town of Chapel Hill Housing Code.

E. The Council finds that the owner has failed to comply with the Order issued by the Inspections Department on February 20, 2004, to have the structure demolished and removed and that the time period established to comply with that order or appeal that Order has expired.

Section 2. Order.

IT IS THEREFORE ORDERED, pursuant to Section 9-25 (b) of the Chapel Hill Code of Ordinances, that the Chapel Hill Building Inspector shall have the dilapidated residential structure at 603 Nunn Street demolished and a lien placed on the property for the cost of the demolition.

IT IS FURTHER ORDERED that a copy of this Ordinance be recorded in the office of the Register of Deeds of Orange County indexed in the name of the property owner in the Grantor index.

This the 22^nd day of November, 2004.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2004” (2004-11-22/O-4)

ARTICLE I

APPROPRIATIONS	Current Budget	Increase	Decrease	Revised Budget

GENERAL FUND

Inspections	779,868	10,000		789,868
Contingency	21,666		(10,000)	11,666

This the 22^nd day of November, 2004.

AN ORDINANCE TO AMEND A GRANT PROJECT ORDINANCE FOR A TRANSIT CONSTRUCTION GRANT (2004-11-22/O-5)

BE IT ORDAINED by the Council of the Town of Chapel Hill that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following grant project ordinance is hereby adopted:

SECTION I

The capital project funds authorized are from FY 2004 and FY 2005 allocations of Moving Ahead funds from an agreement with the North Carolina Department of Transportation.

SECTION II

The Manager of the Town of Chapel Hill is hereby directed to proceed with the implementation of the project within the terms of the grant agreements executed with the North Carolina Department of Transportation within the funds appropriated herein.

SECTION III

Revenues anticipated to be available to the Town to complete the project are hereby amended as follows:

	Current Budget	Change		Revised Budget
Federal Transit Administration	1,331,191			1,331,191
N.C. Department of Transportation	164,786	7,170,606		7,335,392
Local Share	1,858,961	37,085		1,896,046
Sales Tax Refund	402,000		402,000
Building Financing Proceeds	14,685,577	(7,207,691)		7,477,886
Land Financing Proceeds	345,000			345,000
Transfer from Transportation Capital Reserve	172,950			172,950
Total	18,960,465	-0-		18,960,465

SECTION IV

Amounts appropriated for capital projects are hereby amended as follows:

	Current Budget	Change	Revised Budget
Professional Services	109,000		109,000
Design and Engineering	1,647,861		1,647,861
Demolition	126,500		126,500
Traffic Studies	9,207		9,207
Lease-Purchase Payments	60,000		60,000
Contingency	215,793		215,793
Land	347,000		347,000
Land Improvements	1,648,500		1,648,500
Buildings	12,788,100		12,788,100
Equipment	1,828,200		1,828,200
Art Acquisition	180,304		180,304
Total	18,960,465		18,960,465

SECTION V

The Manager is directed to report annually on the financial status of the project in an informational section to be included in the Annual Report. He shall also keep the Council informed of any unusual occurrences.

SECTION VI

Copies of this project ordinance shall be entered into the Minutes of the Council and copies shall be filed within 5 days of adoption with the Manager, Finance Director and Town Clerk.

This the 22^nd day of November, 2004.

A RESOLUTION ENDORSING TOWN MANAGER DETERMINATION OF A MINOR CHANGE TO THE BEECHRIDGE PLANNED DEVELOPMENT SPECIAL USE PERMIT, SUBSTITUTING ALTERNATIVE RECREATION SPACE LANGUAGE FOR THE EXISTING RECREATION SPACE STIPULATIONS (2004-11-22/R-10)

WHEREAS, the Town Council has approved a Special Use Permit for the Beechridge Planned Development in Chapel Hill; and

WHEREAS, the approval included recreation space provisions; and

WHEREAS, the Beechridge Homeowners Association has requested permission to replace the recreation space provisions of the Special Use Permit; and

WHEREAS, the Town Manager has determined that the alternative recreation space stipulations would be reasonable and desirable and in accordance with Section 18.5 of the Development Ordinance in place at the time of the Special Use Permit approval;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council endorses Town Manager approval of this substitution as a Minor Change to the Special Use Permit, to substitute the following language:

10. Recreation Space Improvements:

A. That a pedestrian trail be constructed around the perimeter of the recreation space. three picnic tables and grills be provided in the flatter east-central portion of the recreation space; and that the type, design and location of recreation improvements be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

B. That a pedestrian corridor be provided as a continuous strip between Lots 24 and 25, continuing along the northern boundary of Lot 24, and continuing along the lot line separating Lots 15 and 16, so that residents west of the RCD can walk east to the proposed Beechridge Court; and that a clear pedestrian connection, ~~as well as a vehicular maintenance access,~~ be shown from Beechridge Court to the proposed recreation space between Lots 6 and 7. ~~The vehicular access shall include a gravel access drive for maintenance vehicles.~~

This the 22^nd day of November, 2004.

Mayor Foy told Mr. Lamm that the Council's action had just approved his request.

Item 5 - Information Items

INFORMATION REPORTS WERE ACCEPTED BY CONSENSUS OF THE COUNCIL.

Council Member Ward asked that 5a be forwarded to the Bicycle and Pedestrian Advisory Board and the Transportation Board. Mr. Horton agreed to do so.

Item 6 - Presentation of the 2003-2004 Audit Report

Finance Director Kay Johnson introduced John Gilberto, Director of Governmental Affairs with McGladrey and Pullen, to review the four-part financial report for Chapel Hill for the year ending June 30, 2004. Mr. Gilberto noted that the Town had received a Certificate of Excellence in Financial Reporting, showing that its report had met all expectations of its peers and that the Town had done an excellent job in maintaining its financial standards. With regard to the financial section, Mr. Gilberto pointed out that Chapel Hill had received and "unqualified opinion," the best opinion a town can receive from a public auditor. He described the statistical section and the compliance section, and said that the Town had complied with all requirements.

THE AUDIT REPORT WAS ACCEPTED BY CONSENSUS OF THE COUNCIL.

Item 7 - Office/Institutional-4 Zoning District, Land Use Management

Ordinance Text Amendment: Proposed Discussion Process

Mr. Horton stated that Town staff recognized this was an important policy area for the Council. They would do their best to assist the Council if it wanted to consider possibilities other than those recommended tonight, he said.

Planning Director Roger Waldon pointed out that the Council had asked the Manager to recommend a process for initiating discussions with UNC officials about these proposed changes rather than moving directly to action. He stressed that the staff was suggesting a recommended process that was not necessarily the recommended process. Mr. Waldon proposed that the Council ask the Mayor to appoint three Council members to participate with the Mayor in discussions with UNC officials. He suggested that the Mayor also write a letter to Chancellor Moeser asking him to select University representatives to meet with the four-member Council Committee to go over proposals for changes to the zoning district. If all of that happens, then it would be reasonable to set a target for the Council Committee to report back to the full Council on or before March 7, 2005, Mr. Waldon said.

Chapel Hill resident Laurin Easthom said that she agreed with most of the Planning Board's recommendations regarding OI-4, stating that those changes offered the greatest protections to neighborhoods. She stated that UNC should comply with the Town's Comprehensive Plan, just as other developers do, noting the importance of upholding the basic values of the Plan. Ms. Easthom agreed with the recommendation to lengthen the review period for Development Plan modifications from 90 to 120 day. She mentioned a petition regarding transportation and OI-4 that former Council Member Joyce Brown had submitted at a previous meeting. That petition had requested that UNC provide a concise, shorter version of traffic mitigation and transportation issues in general, she said. Ms. Easthom recommended that the Council be clear about what it wants, solicit citizen input, and make a firm decision soon.

Chapel Hill resident Michael Collins expressed support for the following options, brought forth at the October 18, 2004 meeting:

· Require a preliminary concept plan (proposal 1a).

· Lengthen the development period from 90 to 120 days (proposal 1b).

· Require a review period of 90 -120 days for perimeter projects, at least (proposal 3a).

· Add a finding for compliance with the Comprehensive Plan (proposal 6a).

· Add a finding that future development plans or modifications comply with all LUMO regulations (proposal 7a).

· Establish a process for periodic public review of adherence with the Comprehensive Plan (proposal 8a).

Mr. Collins said that either of the first two would “add sanity to the schedule.” He mentioned Joyce Brown’s request for a transportation report, of ten pages or less, that would identify traffic impacts, proposed mitigation measures and implementation plans, and provide a follow-up report on whether these measures were working. Mr. Collins pointed out that these recommendations agreed with those that the staff had presented on October 18, 2004. He noted that there had been much disagreement over options, however, and advised Council members to debate and formulate a unified position on those that are in the Town’'s best interest before entering into discussions with UNC. Mr. Collins asked the Council to find a way to include meaningful citizen input early on.

Chapel Hill resident Elaine Barney expressed agreement with Mr. Collins’s and Ms. Easthom’s suggestions and comments. She focused on an October 18, 2004 statement by the Coalition of Neighbors Near Campus (CNC) regarding a concern which, she said, had not been addressed in the Manager's memo. Ms. Barney read the following from her October 18^th statement:

"Lastly, CNC has serious concerns and questions about the process by which decisions were made in creating OI-4. In referring to the items regarding the Comprehensive Plan, the Manager's memo states, 'during negotiations which initially led to the creation of the OI-4 zoning district the University specifically requested that this finding not be included. The Town Council concurred and, accordingly, we recommend no change.' We can recall no public notice or mention either of the University's request or of the Council's decision to accommodate this request. Time after time, those who oppose the development plan and the University's encroachment into neighborhoods, like Mason Farm, would remind the Council that the plans did not comply with the Comprehensive Plan. There was no official notice that this made no difference. We hope the Council will not only accept all the suggested proposals as a way of rectifying OI-4 but will hold a free and open discussion as to how and why this decision was made and why citizens were not informed until now."

Ms. Barney noted that Council Member Strom had asked the staff to follow up on this request, but it did not appear that the follow-up had been carried out.

Mayor Foy described Item 7 as a process matter and said that the issue was how to go about making these revisions to OI-4. Council Member Strom, noting that he had participated in a couple of town-gown committees, voiced concern about the staff’s proposal and suggested a different idea. Council Member Strom mentioned various times that the Town had used highly structured negotiating committees. But there was a different set of circumstances now, he said. Council Member Strom proposed that the Town could make a more informed decision if it created more of a conversational dialogue and probed the issue in more depth. He suggested using a format similar to that used for Parking Lots 2 and 5.

Mayor Foy agreed with Council Member Strom. He was not particularly in favor of setting up the level of discussion that the staff memo was proposing, he said. Mayor Foy noted that the Town would be addressing other issues that would require a more structured level of engagement with UNC. He suggested that the Council try to strike a balance between making a modification to this zone and having a process that would assure UNC that the Town would respect its initial agreements.

Council Member Kleinschmidt agreed with other Council members regarding the need for more citizen input than the staff memo had proposed. He also agreed with Mayor Foy that UNC should be included. Council Member Kleinschmidt expressed interest on having public meetings where UNC's development staff and citizens could, together, offer advice to the Council in less formal manner than a typical public forum.

Council Member Greene pointed out that there was a difference between substantive talks, where a summit-type format would be appropriate, and procedural talks, where there is public interest in having everyone included and feeling that they are being heard.

Council Member Harrison agreed with other Council members. He wondered if there was a way to move quickly on the points that all had agreed upon, such as requiring the concept plan review, and addressing the rest in a larger public arena.

Council Member Hill agreed with what the others had said. Given the scope and importance of OI-4, it would be prudent to save the summit-type process for something larger, he said. Council Member Hill stated that such talks would address public comments that the Council had heard tonight by allowing citizens to have more input into the process. A format similar to that for Parking Lots 2 and 5 appealed to him, he said.

Mayor Foy verified with Mr. Horton that making the changes that the staff was recommending would mean holding a public hearing as the Town typically does for ordinances. But the Council was now discussing having a completely interactive discussion, he pointed out.

With regard to Council Member Harrison's suggestion that the Council approve some items, Council Member Strom pointed out that the Council had expressed interest in making a decision before their June recess. Since there were no development modifications coming in, he said, the Council had discussed keeping the eight points together and taking one action. Council Member Strom said that doing so would make sense since there was no pending application of these rules at this point.

Mayor Foy pointed out, though, that his comment had pertained to whether the Town had already held a public hearing on those points and could take action, or not. Mr. Waldon replied that there had been a public hearing and said that the Council would be in a position to amend the ordinance, in whole or in part, in the manner that they had discussed at the hearing. He recalled that there had been discussion about breaking the ordinance into multiple ordinances, each of which would modify one piece of the Development Ordinance.

Council Member Kleinschmidt wondered about the wisdom of taking one piece off the table without being able to know how that might affect the rest of the package. Mayor Foy replied that he understood Council Member Kleinschmidt’s view. But if the Town, University and Planning Board all agree that the concept plan is a good idea then the Council ought to do it, he said. Mayor Foy acknowledged that there was no rush to do so, however. He just wanted to ascertain that if all agreed and wanted to so then there would be no need for a public hearing on that aspect, he said.

Council Member Greene cautioned other Council members that they might want to make tradeoffs in the future. She did not want to give something away when it might be better to look at the whole picture together, she said.

Mayor pro tem Wiggins verified that the Council did not have to decide tonight whether or not to treat items individually.

Council Member Ward voiced support for adding the concept plan to the process. He agreed that the Town should treat UNC in the same way that the Town would want to be treated. Council Member Ward expressed concern about making any changes tonight, with no University representative present. He said that the issue did not seem time sensitive.

Mayor Foy asked Council members if they wanted to set forth the process that they had just outlined and ask the Manager to develop it further. The Council expressed general support for that idea. Mr. Horton said that the staff would bring back ideas for the Council to review at their next business meeting. Mayor Foy noted that the Council could determine then whether or not they wanted to make further changes.

THE COUNCIL ACCEPTED BY CONSENSUS THAT THE MANAGER WOULD COME BACK WITH PROPOSALS ON DECEMBER 6, 2004.

Item 8 - Closure of a Section of Laurel Hill Road Right-of-Way

Through the North Carolina Botanical Garden Property

Council Member Ward recused himself from voting, since he is employed by the Botanical Garden.

Mr. Horton noted that the Council had had considerable discussion about this proposal and had received new information from citizens, some of which had been submitted this evening.

Engineering Director George Small explained that public hearings had been held on October 18 and 27, 2004. Tonight, the staff was presenting a written summary of key issues, he said. Mr. Small referred to mitigating measures that UNC had agreed to fund and construct if the Town proceeded with closing Laurel Hill Road. These included a right-turn lane on Manning Drive and reconstruction of the intersection at Coker Drive/Laurel Hill Road. UNC would also construct and maintain a bicycle/pedestrian corridor between Coker Drive and Old Mason Farm Road, Mr. Small said.

Mr. Small noted that several other key issues listed in the staff report were self-explanatory. Instituting traffic-calming measures in the Botanical Garden, rather than totally closing the roadway, could meet some of the objectives, he said. He noted, though, that this would not allow the Garden to connect the two parcels or complete their sound wall. Mr. Small said that no one on the Town staff could remember ever having closed a through street. But they had closed dead ends and cul de sacs, he said. Mr. Small pointed out that the Manager's recommendation would close Laurel Hill Road, but the staff had attached a secondary recommendation that would not take action on this tonight.

Dr. Peter White, representing the Botanical Garden, listed the stipulations that accompanied Resolution A. He reviewed the Garden's interaction with its neighbors, discussed traffic mitigation, and mentioned ways in which the change would enhance the Town and community.

Lauren Hintz expressed support for closing Laurel Hill Road and said that he had sent Council members an email outlining his reasons.

Mayor Foy stated that the Council had received a letter from a resident requesting that the length of Manning Drive and the short length of Coker Drive to the Laurel Hill Road corner be paved along with the other paving planned on Laurel Hill Road. He asked Mr. Horton about the plans for that area. Whose responsibility would it be, and how would the Garden be involved in that, asked Mayor Foy. Mr. Horton replied that street segments were within the Town's jurisdiction. Those particular streets were not ready for resurfacing at this time, he said. Mr. Horton explained that re-paving is ordinarily done to maintain structure and to protect roadways, not merely for the sake of appearance.

Mr. Small agreed that the segment was not due for resurfacing. He pointed out that the Town needed to be consistent with the program Town-wide.

Mayor Foy read more of the letter and Mr. Horton commented that Laurel Hill Road did need patching and repair as well as resurfacing in the first quarter of 2005-2006. Mayor Foy verified that this would be resurfaced by July and that the staff had not determined a need to resurface Manning Drive.

Council Member Hill asked if there was anything to keep the forest across the street from the Garden from being developed in the future. Mr. White replied that the land across Laurel Hill Road was part of the original Mason Farm tract, which came to UNC in 1894 with a stipulation that it never be divided or sold. Council Member Hill asked if anything would restrict UNC from using that land for some purpose other than the Botanical Garden. Dr. White replied that the UNC trustees, who had dedicated that land to the Botanical Garden in 1952, could make any changes they want on any University land. Council Member Hill said, "then it could become the site of a dormitory or an office building or any number of things." Dr. White agreed, adding that this was why they were trying to make the strongest possible Botanical Garden. He then pointed out that the RCD there would prevent certain land uses, however.

Council Member Hill expressed concern about closing the road too quickly. He was concerned about getting rid of an entrance to and from the neighborhood, considering the increasing use of the bypass, he said. Council Member Hill noted conflicts in the arguments for closing the road. Arguing that there is so little traffic that the road won't be missed conflicts with the argument that traffic on that road poses a safety hazard, he pointed out.

Council Member Hill said that he supported the neighbors' interest in closing the road but the road does not just belong to the neighbors. He recommended that the Council postpone the decision. Dr. White replied, with regard to the bypass, that the Garden stands with its neighbors in believing that the other intersections needed to be studied. He said that the Garden's staff parking lot would not change in size and that he believed the neighborhood had been mostly built out. Dr. White noted that mitigation measures for closing Laurel Hill Road would have a positive impact on the Manning Drive intersection. The Garden supported the neighbors and their concerns about the rest of the bypass, he said. Dr. White added that the Garden had initiated discussions with UNC about the neighborhood. He was personally optimistic, he said, noting that UNC representatives had been willing to discuss this proposal in a positive and proactive manner.

Council Member Greene pointed out that Laurel Hill Road had been a through street until the bypass was widened. It is now only an egress for the neighborhood because one cannot turn left, she said. Council Member Greene stated that it was not the kind of road that the Town would have planned. She disclosed that she lives in that neighborhood and said that she had been impressed by the process with the Garden. Council Member Greene stated that she had been persuaded by the argument that a stronger Garden meant a stronger neighborhood.

Mayor Foy agreed with Council Member Greene, adding that the Botanical Garden was an enormous public asset. Closing the road really means closing it off from cars, he said, adding that he did not view it as closing a public right-of-way.

Council Member Verkerk described closing the road to vehicular traffic as the best road improvement that she had seen in Town for a long time. She was all for it, she said.

COUNCIL MEMBER KLEINSCHMIDT MOVED R-12A, AND COUNCIL MEMBER VERKERK SECONDED.

Council Member Strom asked if there was a specific reason that the 24/7 access of the bike/pedestrian trail had not been stipulated. Dr. White replied that the Garden was in full support of that. Council Member Strom asked to add it as a friendly amendment. Mr. Horton suggested modifying that to the effect that the road could be temporarily closed for the purpose of providing construction or utility repair work, or for other public purposes.

COUNCIL MEMBER KLEINSCHMIDT MOVED, SECONDED BY COUNCIL MEMBER VERKERK, TO ADOPT R-12A, AS AMENDED BY COUNCIL MEMBER STROM TO INCLUDE A SPECIFICATION THAT THE BIKE AND PEDESTRIAN CORRIDOR CONNECTING COKER DRIVE AND OLD MASON FARM ROAD HAVE 24/7 ACCESS, WITH THE EXCEPTION OF CLOSING IT TEMPORARILY FOR A PUBLIC PURPOSE, SUCH AS PROVIDING CONSTRUCTION OR UTILITY REPAIR. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

AN ORDER CLOSING LAUREL HILL ROAD BETWEEN COKER DRIVE AND FORDHAM BOULEVARD (U.S. 15-501) AS A PUBLIC RIGHT-OF-WAY (2004-11-22/R-12a)

WHEREAS, the Chapel Hill Town Council on September 13, 2004, adopted a Resolution of Intent to consider closing the Laurel Hill Road right-of-way between Coker Drive and Fordham Boulevard; and

WHEREAS, a Public Hearing regarding the proposed Laurel Hill Road right-of-way closure was held on October 18, 2004; and

WHEREAS, the Council finds, upon review of the facts and of information received at the Public Hearing, that closing the Laurel Hill Road right-of-way between Coker Drive and Fordham Boulevard would not be contrary to the public interest, and that no individual owning property in the vicinity of the Laurel Hill Road right-of-way proposed for closure would be deprived of reasonable means of ingress and egress to his or her property by the closing of said right-of-way;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts this order pursuant to North Carolina G.S. 160A-299, permanently closing the Laurel Hill Road right-of-way between Coker Drive and Fordham Boulevard, subject to the reservation of a blanket easement for public utilities, public storm drainage facilities, and a pedestrian and bicycle access easement all of which shall be shown on a plat to be provided by the party requesting the right-of-way closure and approved by the Chapel Hill Engineering Department.

BE IT FURTHER RESOLVED that the physical closure to public use of this section of Laurel Hill Road shall not be implemented until such time the following improvements are completed and accepted by the Town Manager:

1) Installation of a right turn lane on Manning Drive at its intersection with Fordham Boulevard.

2) Realignment and reconstruction of the intersection of Coker Drive and Laurel Hill Road.

3) Installation of an improved bicycle and pedestrian corridor connecting Coker Drive and Old Mason Farm Road with access twenty-four hours per day, seven days a week. The Town retains the right to close the corridor on a temporary basis for utility work, construction, or similar events.

BE IT FURTHER RESOLVED that said plat and a copy of this order shall be recorded by the requesting party, with the Orange County registrar, upon approval by the Town and certification by the Town Manager that the preceding conditions of approval have been met.

This the 22^nd day of November, 2004.

Item 9 - Report of the Second Pritchard

Park Art Garden Committee

Mr. Horton described this as a complex issue with multiple elements and introduced Assistant Parks and Recreation Director Bill Webster to outline key aspects of the process. Mr. Webster noted that the Town had gone through two planning processes with the Siena Hotel. Tonight’s report outlined progress that the second Pritchard Park Art Garden Committee had made, Mr. Webster explained. He pointed out that all reports and all committee members over the years had unanimously recommended that the Town develop an art garden at Pritchard Park behind the Siena Hotel. They had also recommended working with the Siena to maximize the garden while allowing it to accomplish its goals as well, he said.

Mr. Webster pointed out that the Siena Hotel's goals had evolved over time from having surface parking to expanding its building and possibly constructing a parking deck. He noted that the amount of land being discussed had increased from 1/2-acre to about 1.1 acres since negotiations had begun. The two committees had both unanimously supported the sale, he pointed out. Mr. Webster said the Town staff felt that, with conditions, the art garden could eventually be built as planned.

Mayor Foy clarified that Resolution B stated that a $50,000 deposit would be required within 60 days of the Council's authorization of sale. He also ascertained that the Siena would have to submit an SUP application by the end of next year. Mr. Webster explained that the Town staff was trying to keep this item on track since a number of years had passed since it was initiated. Mayor Foy agreed with that goal, adding that the Council had a strong interest in resolving the issue. Mr. Horton noted that the Siena Hotel would be required to provide a substantial deposit as a symbol of good faith.

Council Member Harrison asked if it was accurate that the Town would not be "left holding any bags" if the Hotel did not submit an SUP application. Mr. Horton replied that the staff had invested a reasonable amount of staff time in working on the proposal. "I would feel like they had left us holding that bag if they did not proceed," he said. Mr. Horton noted, however, that there was nothing more the Town could add to the resolution to ensure that.

Mr. Horton stated that the staff had tried to understand the Siena's interest and to find a meeting ground that would serve both the community and the Hotel. He noted the value in having the Hotel continue as an economically viable unit while also having the exchange of land for the art garden. But, Mr. Horton said, he did not see a great deal of value in negotiating forever.

Council Member Harrison asked if recommendations on improvement to the Hotel would be Town positions on the SUP. Mr. Webster replied that Resolution A would authorize the Manager to transmit recommendations to the applicant. When it comes back as an SUP the staff can determine whether or not those had been accomplished, he said.

Council Member Strom commented on the potential to support an important economic unit in Town while also creating a unique public space. He asked if the staff had considered holding off on this transaction, however, until the Library had completed its addition. Council Member Strom pointed out that this flat area might be used for staging during construction of the Library addition. Encumbering it might mean that the Library would have to make other arrangements, he said.

Mr. Webster agreed that this was a concern. He noted that the time constraints on the Siena's SUP did not necessarily match up with the Library's construction schedule. Moving forward with it at this time would mean that the Library could not use the area for temporary parking or for construction, he said. Mr. Horton commented that the rear of the Library's parking lot would likely become part of the staging area. Or, the Town would have to develop some other portion of the developed site for staging, he said.

Mr. Horton also mentioned that there might be an offsite parking arrangement and shuttle service during construction. One possibility would be to build a portion of the parking deck that had been recommended for Council consideration, he said. Mr. Horton stated that the situation might become complex and inconvenient. But, postponing the agreement would mean losing an opportunity and might mean starting discussions with the Siena Hotel all over again, he pointed out.

COUNCIL MEMBER VERKERK MOVED, SECONDED BY MAYOR PRO TEM WIGGINS, TO ADOPT R-13A. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ACCEPTING THE REPORT OF THE SECOND PRITCHARD PARK ART GARDEN COMMITTEE AND AUTHORIZING THE MANAGER TO TAKE STEPS NECESSARY TO IMPLEMENT THE RECOMMENDATIONS OF THE COMMITTEE AND OTHER ADVISORY BOARDS (2004-11-22/R-13a)

WHEREAS, on September 7, 2004, the Council accepted the Report of the Second Pritchard Park Art Garden Committee and referred the report to the Manager, the Bicycle and Pedestrian Advisory Board, the Chapel Hill Public Arts Commission, the Library Board, and the Parks and Recreation Commission for comments and recommendations; and

WHEREAS, the Bicycle and Pedestrian Advisory Board, the Chapel Hill Public Arts Commission, the Library Board, and the Parks and Recreation Commission have supported the findings in the Report of the Second Pritchard Park Art Garden Committee and have made additional recommendations;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council adopts the Report of the Second Pritchard Park Art Garden Committee and authorizes the Manager to take the following steps to implement the recommendations found in the Report:

· Work to provide a mutually beneficial relationship between the Town and the Siena Hotel during the design process for Pritchard Park and the Siena Hotel property.

· Provide the Council with a report containing recommendations for use of funds generated by any land sale and offered gifts at such time as the Siena Hotel is ready to purchase the property and make the offered gift.

· Communicate design issues raised by the Committee and other Boards and Commissions to the owner of the Siena Hotel.

· Consider design issues for the art garden and Pritchard Park raised by the Committee and other Boards and Commissions once work begins on the art garden design.

· Include art in all aspects of Pritchard Park.

· Contract with a design firm to work on a Special Use Permit modification for Pritchard Park using funds provided by the Siena Hotel.

· Contract with a consulting artist to assist the Town’s design firm, using funds provided by the Siena Hotel.

BE IT FURTHER RESOLVED that the Chapel Hill Public Arts Commission is authorized to work with the Library Board, Parks and Recreation Commission, and Siena Hotel in its selection process to select a consulting artist for the Pritchard Park design and Special Use Permit modification.

This the 22^nd day of November, 2004.

COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT R-13B. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION AUTHORIZING THE MANAGER AND ATTORNEY TO INVESTIGATE THE PROCESS THAT WOULD BE REQUIRED TO SELL LAND TO THE SIENA HOTEL WITH CONDITIONS (2004-11-22/R-13b)

WHEREAS, the Report of the Second Pritchard Park Art Garden Committee recommends selling approximately 1.117 acres of Town property to the owners of the Siena Hotel; and

WHEREAS, the provisions of North Carolina Statute § 160A-269, which describe the normal steps necessary for a city to receive, solicit, or negotiate an offer to sell property to a private entity may not be suitable in this case;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager and Attorney to investigate the process required to eventually sell a portion of the Pritchard Park property to the Siena Hotel under the following potential conditions:

· The acreage need by the Siena Hotel is estimated at 1.117 acres. Any agreement can allow the sale of up to 1.2 acres if necessary. Any acreage above 1.2 acres would require Council approval.

· The sale price would be $489,323 per acre.

· A $50,000 deposit would be required within 60 days of the Council’s authorization to sell the property. $20,000 of the deposit would be non-refundable if the Siena Hotel elects not to proceed with the project or fails to submit an application for a Special Use Permit by December 31, 2005.

· The Siena Hotel would pay for the design fees for the Town’s art garden and Special Use Permit modification related to the art garden

· The option would expire if the Siena Hotel fails to secure a Special Use Permit by December 31, 2007.

· The Siena Hotel must cooperate fully with the Town, in the Town’s role as owner of Pritchard Park, in the design of any Siena Hotel facilities adjacent to the park property.

· The Town and the Siena Hotel must jointly work with an artist on the designs of both projects. The Siena Hotel must pay the costs of the artist’s services.

· The Siena Hotel must agree to provide all required buffers on the Siena Hotel side of the property line upon development of both properties or guarantee that the Siena Hotel pay for the costs of the Town’s buffer requirement on the Pritchard Park/Siena Hotel boundary as it develops Pritchard Park.

This the 22^nd day of November, 2004.

COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT R-13C. THE MOTION WAS ADOPTED (8-1) WITH COUNCIL MEMBER STROM VOTING NAY.

A RESOLUTION INDICATING THE COUNCIL’S INTENT TO ALLOCATE FUTURE PARKING LOT LEASE PAYMENTS FROM THE LEASE OF PARKING SPACES AT PRITCHARD PARK TO THE PRITCHARD PARK PROJECT (2004-11-22/R-13c)

WHEREAS, the Report of the Second Pritchard Park Art Garden Committee recommends that lease payments from the lease of parking spaces at Pritchard Park be allocated to the Pritchard Park project; and

WHEREAS, parking lease revenues through the end of FY 2004-05 have already been allocated for other uses;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council indicates its intent to use future lease payments from the lease of parking spaces at Pritchard Park for the Pritchard Park project and authorizes the Manager to present a proposal for allocation of these funds to Pritchard Park as part of the FY 2005-06 Capital budget.

This the 22^nd day of November, 2004.

Item 10 - Response to Council Petition Regarding Leaf Blowers

Mr. Horton offered a resolution that would call a public forum to receive comment on whether or not to provide additional regulation of leaf blowers. The resolution would state the Council's intent to not ban their use within the Town limits, he said, explaining that this was based on the Town Attorney's research and opinion. Alternatively, the Council could decide that existing regulations were sufficient, Mr. Horton said. He told Council members that, on balance, the staff thought that no action was necessary.

Mr. Karpinos explained that the Manager's memo presented his opinion regarding the Town's ability to prohibit the use of gas-powered leaf blowers. The memo mentioned other regulations that the Town might wish to consider, he said, but the bottom line was that it would be problematic to enact a complete ban. Mr. Karpinos noted the other options for the Council to consider, particularly with regard to the time, manner and locations in which leaf blowers are used. The Town could choose to stop using them for its own purposes, he said, but he noted a memo from the Public Works Department regarding issues that such an action would raise.

Council Member Hill thanked Mr. Karpinos for his illuminating and informative report. He agreed that a ban appeared to be out of the question. However, Council Member Hill stated that he had received enough input from citizens who were in favor of a ban that he wanted to discuss the issue further at a public hearing.

Mayor Foy pointed out that the Manager's memo had recommended that the Council be clear that it did not intend to consider a ban on operation of gasoline powered leaf blower. The Council might consider other regulations, he said, noting that the purpose of a hearing would be to ask the public what those regulations might be.

Council Member Kleinschmidt praised Mr. Karpinos's analysis and said that, given that opinion, he would not be able to fully support a ban. He pointed out, though, that the petition had stimulated community discussion about how air quality was being damaged by seemingly innocuous things, such as leaf blowers, lawnmowers, and chain saws. He spoke in favor of the public hearing and suggested soliciting citizen comment on the issue of air quality and other measures that the Town and citizens might take to improve it.

COUNCIL MEMBER HILL MOVED R-14, AND COUNCIL MEMBER VERKERK SECONDED.

Council Member Kleinschmidt asked to add an amendment that would expand the discussion to include other gasoline powered engines. Mr. Karpinos cautioned against confining the discussion to gasoline, since some had complained about the dirt and dust that leaf blowers stir up.

Council Member Ward suggested saying, "leaf blowers and other personal equipment that damages air quality." Mayor Foy recommended proposing a discussion of leaf blowers, noting that citizens would feel free to comment on other equipment as well.

Council Member Harrison expressed hope that the public would offer ideas on how the Town would implement additional restrictions. He wondered if the community could enforce restrictions without having to spend more money, and recommended that be addressed that as well.

COUNCIL MEMBER HILL MOVED, SECONDED BY COUNCIL MEMBER VERKERK, TO ADOPT R-14, AS AMENDED. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION CALLING A PUBLIC FORUM FOR JANUARY 24, 2005, ON THE REGULATION OF THE USE OF LEAF BLOWERS AND SIMILAR EQUIPMENT (2004-11-22/R-14)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council calls a public forum for January 24, 2005, to receive evidence related to the environmental impact of the use of leaf blowers and other personal equipment that damages air quality, and citizen comment on the possibility of the enactment and implementation of additional regulations regarding the operation of leaf blowers and other personal equipment that damages air quality within the Town limits of Chapel Hill.

BE IT FURTHER RESOLVED that the Council states its intent, based on the evaluation of legal issues by the Town Attorney and the adverse impact on Town operations and private businesses and citizens, to not consider further the possibility of prohibiting the use of gasoline powered leaf blowers within the Town limits.

This the 22^nd day of November, 2004.

Council Member Verkerk remarked that noise from leaf blowers had ruined the pleasure of sitting out on her back porch for the prior three or four weeks. She ascertained from Mr. Horton that information on prohibited noise levels was available through the Town 's website. Citizens could call the Town and inquire about that, she said, adding that most people probably did not know there was a noise regulation.

Council Member Hill stated that he had purchased a decibel meter. The leaf blower next door to his home had registered 76 decibels from his back porch, he said. Council Member Hill noted that the daytime limit was 50 decibels, but explained that gardening equipment was exempt from that. He pointed out that the difference between 50 and 76 decibels was more than triple, according to the logarithm. But the ordinance specifically exempts lawn equipment, he said.

Mayor pro tem Wiggins verified that new leaf blower regulations would become effective in 2005. She asked what the Town would then do with its old ones. Mr. Horton replied that the Town always does its best to conform to the letter and spirit of the law.

Mayor pro tem Wiggins asked how other communities had handled enforcement. Mr. Karpinos replied that they had found it difficult to enforce. Having a standard and having people aware of the standard can improve things, whether the Town actively enforces the standard or not, he said. With regard to phasing, Mr. Karpinos stated that there probably were provisions in the standards for replacing Town equipment. Mayor pro tem Wiggins noted that such phasing would apply to businesses as well.

Item 11 - Report on Downtown Crime

Police Chief Gregg Jarvies presented the report for fiscal years 2002-04. He said that major crimes had decreased 22% compared to the same period three years ago. Chief Jarvies stated that major property crimes reported in the first quarter of 2004-05 were down almost 50% when compared to the same quarter in each of the past three years. He noted that major personal crimes, such as aggravated assaults and robberies, had fluctuated somewhat over the past couple of years. But the numbers were relatively low, he said.

Chief Jarvies stated that arrests for crimes in the downtown area had increased by 19%. He noted that disturbance crimes, such as fights and drunk and disruptive disturbances, were down a little, but constituted the largest group of incidents that the Town confronts. Chief Jarvies attributed the decreases in crime to excellent police work, higher police visibility, and help from downtown merchants who had participated in Business Watch and the Business Alert Network.

Chief Jarvies said that the Department was pleased with the numbers, but they realize that these figures represent reported crimes only and that some people are uncomfortable calling 911. He pointed out that the Town had made progress through its panhandling ordinance but that the Department still received calls from people expressing concerns. He noted that the downtown unit continued to be staffed at 1985 levels.

Council Member Harrison asked if patrols ever had to be diverted from the Northside neighborhood to the downtown area. Chief Jarvies replied that officers in cars do help out the two downtown foot patrol officers when necessary. Council Member Harrison verified that downtown disturbances also pull officers from other parts of Town and that having a larger police presence in the downtown area would help.

Council Member Hill noted that police departments in Madison, Wisconsin and Boulder, Colorado had recently experienced significant disturbances and had not handled them well. But Chapel Hill had 80,000 people at its Halloween celebration and had faced no disturbances at all, he said. Council Member Hill complemented the Police Department on that accomplishment. Chief Jarvies agreed that police officers had done a "whale of a job that night."

Council Member Verkerk, noting that there had been a rash of break-ins at other parts of Town, asked if Chapel Hill should anticipate such incidents would pull resources from the downtown. Chief Jarvies replied that these auto break-ins had primarily occurred in outlying park and ride lots. The Police Department had done a lot of community outreach trying to have people lock their valuables up and out of sight, he said. Chief Jarvies stated that he does move staffing levels around by district. But, he stressed, pulling officers from downtown or from Northside would be a last resort.

Mayor pro tem Wiggins asked Chief Jarvies to address the initiatives the Department had taken to stave off gang activity in Chapel Hill. Chief Jarvies explained that the major focus was on preventing gangs from getting a foothold in Town. He said that the Department had been trying to keep ahead of that in the schools and was working closely with youth. They were also working with Durham and Raleigh police, he said, pointing out that gangs had been coming from those cities to recruit 14 and 15 year-olds.

Council Member Ward asked about the outcomes after arrests, and Chief Jarvies replied that he probably could obtain figures on that from the District Court System. Most of them are dealt with through First Offender programs, Project Turnaround, and probation, he said. Council Member Ward commented that the report's Attachment 3 addressed a conglomerate of infractions and a wide range of arrests. He requested a breakdown on how many were burglary, how many were vandalism, and whether or not most were violent crimes.

Council Member Ward pointed out that disturbance calls in the downtown were up 40% since 2001-2002. Noting that the Town was planning a multimillion-dollar effort to add more residents downtown, he asked for information on what would have to be done when there are hundreds more people living there. Council Member Ward also wondered if the greater residential presence would provide a deterrent.

Council Member Strom asked how many officers would be needed to have a noticeable impact on safety downtown. If he had four officers rather than two, said Chief Jarvies, he would assign them to cover Thursday, Friday and Saturday evenings into early mornings. This would essentially be 1-1/2 to 1-3/4 more officers per night on the busiest nights of the week, he explained.

Mayor Foy asked what people should expect officers to be doing when they are working downtown. Chief Jarvies replied that officers spend a great deal of time on most evenings going in and out of establishments, particularly clubs and bars and especially between 11:30 p.m. and 3:00 a.m. He said that they try to concentrate on the area east of Columbia Street from about 2:15 a.m. to 3:00 a.m.

Mr. Horton suggested that the Chief explain the authority the Town had just been granted by the Alcoholic Beverage Control Board. Chief Jarvies told Council members that the Town was working on an ABC contract with Orange County that would give it the authority to have one to three officers go into private clubs and check violations that cannot be checked by municipal officers. He predicted that this would help with issues regarding underage and teenage drinking. And it would help keep those private establishments in check, Chief Jarvies said.

Mayor Foy noted that, according to Attachment 3, alcohol arrests were up 152%. Why was that, he asked. Chief Jarvies replied that he had emphasized it more. Also, he said, establishment owners now realize the benefit of calling the Department when they have a problem, such as a fake I.D. and/or underage drinking. And the number goes up with certain events in Town, such as basketball games and the Halloween celebration, Chief Jarvies pointed out.

Mayor Foy emphasized that the number of crimes in downtown had decreased. He had seen some confusion about that, he said, and he wanted to make sure that everyone understands that the number had decreased.

Item 12 – Appointments:

12a. Historic District Commission. The Council appointed Michelle Oakes to the Historic District Commission.

Council Members

Historic District Commission

Foy

Greene

Harrison

Hill

Kleinschmidt

Strom

Verkerk

Ward

Wiggins

TOTAL

Ralph Bass

Keith Freeman

Mark McGrath

Michelle Oakes

Shawn Thompson

12b. Transportation Board. The Council appointed Steven "Alex" Smith to the Transportation Board.

Council Members

Transportation Board

Foy

Greene

Harrison

Hill

Kleinschmidt

Strom

Verkerk

Ward

Wiggins

TOTAL

Matt Hapgood

Steven “Alex” Smith

Item 13 - Petitions: None.

Item 14 - Reserved for Discussion of Consent Agenda Items if Necessary

With regard to Consent Item 4j, Revisions to the Council's Meeting Calendar, Council Member Strom pointed out that the Council had discussed meeting on Wednesday, March 30, 2005. That would be right in the middle of the schools' spring break, he said, and he suggested pushing it back to Monday, April 4, 2005. Mayor Foy asked the Manager to check to make sure that this would not create other conflicts and report back at the next meeting.

THE COUNCIL ADOPTED R-9 BY CONSENSUS AND ASKED THE MANAGER TO COME BACK WITH A RECOMMENDATION TO RESCHEDULE THE MARCH 30, 2005 BUSINESS MEETING.

A RESOLUTION AMENDING THE CALENDAR OF COUNCIL MEETINGS THROUGH DECEMBER 2005 (2004-11-22/R-9)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council’s calendar of meetings through 2005 is hereby amended as follows:

· Designate May 9, 2005, for presentation of the Manager’s Recommended Budget.

· Reschedule Budget Public Hearing to May 18, 2005.

· Designate June 27, 2005, for consideration of the 2005-2006 Budget and related items.

· Meetings scheduled for June 13, and June 20, 2005, as a public hearing and regular business meeting, respectively, are rescheduled as a regular business meeting and a public hearing, respectively.

· Defer Budget Work Sessions for advisory boards and departments originally scheduled as follows:

· February 9, 2005

· February 16, 2005

· February 23, 2005

· February 25, 2005

This the 22^nd day of November, 2004.

The meeting adjourned at 9:50 p.m.