SUMMARY MINUTES OF A BUSINESS MEETING
OF THE CHAPEL HILL TOWN COUNCIL
MONDAY, APRIL 24, 2006, AT 7:00 P.M.
Mayor Kevin Foy called the meeting to order at 7:00 p.m.
Council members present were Laurin Easthom, Sally Greene, Ed Harrison, Cam Hill, Mark Kleinschmidt, Bill Strom, Bill Thorpe, and Jim Ward.
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, Parks and Recreation Director Kathryn Spatz, Assistant Parks and Recreation Director Bill Webster, Planning Director J. B. Culpepper, Senior Transportation Planner David Bonk, Fire Chief Dan Jones, Housing and Neighborhood Services Coordinator Loryn Clark, Finance Director Kay Johnson, and Town Clerk Sabrina Oliver.
Mayor Foy announced that the agenda was amended to include a report from the Town Manager regarding the recent Apple Chill Street Fair. He noted that a resolution was included for the Council’s consideration and possible action after the Manager’s report.
Mr. Horton provided an overview of the prior day’s Apple Chill Street Fair. He said after the event had concluded, many cars continued into Town and operations continued into the evening. At about 8:40 p.m., he said, he was at Headquarters Fire Station and heard what was later confirmed to be gunshots coming from the area around Franklin Street. Mr. Horton said that the Street Fair Command Center confirmed that two persons were shot, and later in the evening they discovered a third gunshot victim whom they believe was related to the first incident.
Mr. Horton said there were a number of arrests for carrying concealed weapons and at least one report of display of a long gun, most likely a shotgun, in a residential neighborhood in the area of Boundary and Franklin Streets. He said they were fortunate that others were not injured, and did their best to provide effective crowd management. Mr. Horton said there were 235 police officers working the fair, many of which were from Durham, Raleigh, and Chatham and Orange Counties. Mr. Horton said they were pleased that no deaths occurred as a result of these incidents.
Mayor Foy said he had provided the Council with a proposed resolution for consideration that could remove the Apple Chill Street Fair from the Town’s calendar of events, in effect canceling the Fair in the future. He read the resolution in its entirety.
Mayor Foy said he regretted having to take this action, noting he was a supporter of the Fair. He said three years ago they had formed a committee to figure out how to continue to make the event safe. Mayor Foy said as a result they had instituted many changes, which were successful in many regards. But, he said, the shooting and the violence that occurred yesterday could not be tolerated in Chapel Hill and they could not give reasonable assurance of the safety of the event any longer.
COUNCIL MEMBER WARD MOVED, SECONDED BY MAYOR PRO TEM STRONG, ADOPTION OF RESOLUTION R-13. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Item 1 – Ceremonies: None.
Item 2 – Public Hearings: None.
Item 3 – Petitions
3a(1). Caroline Spencer. University Transportation Planner, regarding Mallette Street and the University’s Transportation Plan.
MAYOR PRO TEM STROM MOVED, SECONDED BY COUNCIL MEMBER WARD, TO RECEIVE AND REFER THE PETITION TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
3a(2). Orange County Commission regarding Agenda for the May 11 Joint Public Hearing.
Mayor Foy said he believed the Council needed to discuss the water and sewer boundary agreement before discussing it with their partners, and the May 11 date was premature. He said the Council had many obligations over the next few months, and proposed delaying any discussion until the fall.
MAYOR PRO TEM STROM MOVED, SECONDED BY COUNCIL MEMBER KLEINSCHMIDT, TO RECEIVE THE PETITION AND DELAY ANY DISCUSSION UNTIL THE FALL. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
3a(3). Franklin Street Cycles Racing Team regarding
MAYOR PRO TEM STROM MOVED, SECONDED BY COUNCIL MEMBER GREENE, TO RECEIVE AND REFER THE PETITION TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Announcements by Council Members.
Council Member Easthom announced that she would be attending a Digital City Expo Conference in Washington, D.C. to learn about municipal networking systems and how cities across the nation had embarked on such an endeavor. She said she hoped to gain a lot of useful information and become more technologically educated.
Council Member Greene announced that there would be a meeting at A. L. Stainback Middle School on Thursday, April 27, at 5:45 for dinner and to begin discussions in a community format on the issue of homelessness. She said this was an action-oriented community-wide meeting to center on some specific ideas and come out with some concrete directions on where to go next.
Item 4 – Consent Agenda
Joyce Brown requested that the street noted in Ordinance O-3 be changed to Cameron Avenue to McCauley Street, so that trucks would not travel down Ransom Street.
Mr. Horton stated that he had not been aware that this item would be discussed this evening, therefore the traffic engineer was not present to respond to questions. He recommended that the item be placed on the agenda for the next meeting for discussion.
Council Member Hill stated that the reality was that once you reached the corner of Cameron and McCauley Streets, there was no where else to go, but the traffic engineer should respond to that.
Mayor pro tem Strom suggested accepting Ms. Brown’s request as a petition, and asking the traffic engineer to respond. There was no objection from the Council.
MAYOR PRO TEM STROM MOVED, SECONDED BY COUNCIL MEMBER WARD, ADOPTION OF RESOLUTION R-1. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Item 5 – Information Reports
Information reports were accepted as presented by consensus of the Council.
Item 6 – Response to Petition regarding Southern Community
Park Traffic Calming
6a. Phasing Recommendations for the Southern Community Park.
6b. Proposal to Revise the Phasing Plan for the Southern Community Park.
Mr. Horton noted that this item had been mislabeled on the Agenda, noting the discussion would not include traffic calming.
Assistant Parks and Recreation Director Bill Webster said there were three options proposed for the Council’s consideration for development of the Park, and they were based on several factors. The first, he said, had to do the Manager’s recommendation to increase the Park budget to provide an additional $481,000 for the project. Mr. Webster said the Project Planning Committee’s (PPC) recommendation for the use of those funds was outlined on page three of the memorandum.
Mr. Webster said the PPC’s recommendation was stated as Option 1, noting the biggest change from the original Council approval was that parking would be reduced from 122 spaces on Dogwood Acres Drive to a 40-space parking lot, and would create a 110-space parking lot in the northeast section of the Park. He said that was close to the original concept plan, except that in order to save funding the drive would not be extended all the way to US 15-501, so all access to the northern drive would have to come from Main Street in Southern Village.
Mr. Webster stated that the Manager’s recommendation differed only in that it recommended that the Town pay half the cost of the traffic light at Dogwood Acres Drive if that light was warranted. He said that NCDOT had not yet determined if a light was warranted at that location. Mr. Webster said in order to pay half the cost of the light they would reduce the size of the dog park from about two and a half acres to about one and a half.
Mayor Foy reminded the Council that the PPC was a joint committee of the Council and the Orange County Commissioners that was to expedite the planning for joint projects such as the Park and the Aquatics Center. He said he and Mayor pro tem Strom represented the Council, and that Barry Jacobs and Alice Gordon represented the Orange County Commissioners. Mayor Foy stated that like the Council, the PPC was eager to build the Park, and they recognized the rapidly escalating costs. He said the longer they wait, the more ground they lose.
Mayor Foy said they also recognized that this would add about half a million dollars to the project, but they were not getting anything for it. He said his point was they could not continue to put more and more money into the project to keep up with escalating costs. Mayor Foy said they needed to make a decision tonight that would allow the staff to move forward and start now.
Mayor Foy said that the PPC had recommended Option 1, and he continued to believe that was the best option. He said he was not in favor of reducing the size of the dog park.
Mayor pro tem Strom said the PPC had worked with great support from the staff to bring an option forward that the County was supportive of, and he agreed with the Mayor. He said he was in favor of Option 1, but modified to include the addition of the second basketball court. Mayor pro tem Strom said the PPC had learned that adding the second court at the same time as the first made it much less expensive to construct.
Mayor pro tem Strom said he was convinced that there was a lot of interest, excitement and energy around in-line hockey, and he wanted to find a way to install an in-line hockey court. He said it would be the only facility of its kind in the area, and they had worked too long and too hard not to have the Park offer a full array of amenities.
Mayor pro tem Strom said that since the Manager’s recommendation included going to installment financing to make up the gap, he believed it was tolerable and advisable to go ahead and include the second basketball court and the in-line hockey court in Option 1.
Mayor Foy asked if they knew what the additional costs of those two items would be, and whether they could finance the additions. Mr. Horton responded that they believe the costs would be about $200,000, with $150,000 for the in-line hockey court without the boards, and about $45,000 for the second basketball court. He stated that rounding that to $200,000 would mean ultimate financial costs of about $30,000 per year, but only $15,000 for the year because they would have only a half year payment.
Mayor Foy said the Park budget under the current scenario, including the additional $481,000, was about $3.9 million, so this addition would bring the budget to around $4.1 million. Mr. Horton stated that was correct. Mayor Foy confirmed that the additional debt service would be around $30,000 per year for the term of the debt, except for the first year. He asked if they would issue the additional debt for the Park and the Aquatics Center at the same time. Mr. Horton said most likely they would combine that issuance and do it at the same time.
Mayor Foy suggested leaving those two options, the second basketball court and the in-line hockey court, on the table for inclusion in Option 1 and hearing from citizens. There was no objection from the Council.
Council Member Ward stated he was interested in getting costs for some of the other items listed, particularly the maintenance building, the lights for the athletic fields, and the second small picnic shelter. Mr. Webster replied he would go down the list and provide the estimated cost for each item listed:
§ second small picnic shelter: $25,000 for the slab, the shelter, and the site preparation
§ meadow play area : $25,000
§ maintenance building: between $60,000 and $80,000 depending on extension of utilities and other factors
§ lights for the athletic fields: $100,000 per field, for $300,000 total for all three fields
Mayor Foy said some of the discussion at the PPC included that the County would not put any additional funds into this Park. He said any additions would be at the expense of Chapel Hill taxpayers. Mayor Foy stated that was important to keep in mind in the context of other commitments, both discretionary and non-discretionary, that we knew were coming over the next 10 years. But, he said, the Commissioners had said they would likely need more bonds to build more schools, and as a part of their next bond campaign they were likely to seek funds for parks and recreation activities. Mayor Foy said if the County did that, they would be willing to consider a bond to help the Town complete Phase 2 of the Park. He said although there would be no more financial help now, there was that possibility of funds at some point in the future.
Council Member Ward asked about the chance of making changes to the recommendations brought back from the PPC, in terms of changes they might make having to go back to the PPC and extending the time before they could begin the project. Mayor pro tem Strom replied that the SUP and the plan for the Park had been accepted by the Commissioners, and they would receive a report on these recommendations that came from the PPC. He said they would not have to go back to the PPC if they decided to phase the Park or add to it, as long as they pay for it.
Mayor pro tem Strom said the County was experiencing the same escalation of construction costs, and it was affecting their ability to build or complete projects, for instance the Fairview Park. He said they were considering a County-wide parks and recreation bond in the next two to three years, and that bond campaign would provide an opportunity for the Town to get some of its priorities built.
Council Member Ward asked if the restrooms identified in the memo were year-round restrooms. Mr. Webster responded that they were. Council Member Ward said regarding the athletic fields and the ability to light them in the future, did the current projected costs include adding the conduit so that it would be cheaper and easier to light them in a later phase. Mr. Webster said the budget included about $10,000 to place the necessary conduit so that when the time came they would be able to light the facility.
Mayor Foy reminded citizens who wanted to speak on this issue that the Council would not consider traffic calming this evening, noting that was a typo on the meeting agenda. He said the Council would take comments on the issues now under discussion, which was the phasing plan for the Park.
Coleman Day said he was one of the members of the original park development committee, and they had spent many hours to help create the park. He said one of the things they had spent many hours and a lot of energy on was the area around Dogwood Acres Drive and traffic safety. Mr. Day said that was why the parking lot was placed at the dormant end and why there were only 40 spaces placed on Dogwood Acres Drive, because to the south there was only a ball field and a dog park, with the rest being passive recreation that did not need parking. He said all of the ball fields had been moved up close to US 15-501 on the north side of the site. Mr. Day said because of the number of children and families that would be using those fields, he was pleased to see that the recommendation was to go back to what had originally been planned.
Mr. Day said the deceleration lane was not budgeted and asked the Council to reconsider. He said with the number of children using the park and the fields, it was essential to safety. Mr. Day said if it was not included now, he hoped it would be very soon.
Mr. Day said he lived very near the Park, and no one traveled east/west to 15-501, adding that 95 percent of the pedestrian traffic traveled north/south. He said the proposal to build the five-foot-wide sidewalk on Dogwood Acres Drive was therefore not necessary. Mr. Day said to take 10 feet of woods off the side of the park for a sidewalk that would not be used was wasteful, and those funds could be used elsewhere.
David Latowsky said residents of Dogwood Acres Drive had hired a traffic engineer, R. L. Martin, with many years of experience because of their concerns with the 120-plus-space parking lot on Dogwood Acres Drive. Because of an illness, Mr. Martin was unable to be present, but he would provide Mr. Martin’s presentation to the Council.
Mayor Foy said the Manager’s recommendation was to reduce the parking on Dogwood Acres Drive to a 40-space parking lot. He said he understood that currently the plan called for a 122-space parking lot and they could consider it, but no one on the Council was recommending that.
Mr. Latowsky said in that case he would be brief. He exhibited a diagram of traffic flow associated with a 120-space parking lot on Dogwood Acres Drive. Mr. Latowsky then exhibited a diagram of the vehicle/vehicle conflict points associated with that parking lot. He then overlaid the vehicle/pedestrian conflict points. Mr. Latowsky said given the expected traffic volumes with that scenario, Mr. Martin had said the result would be utter chaos and extremely unsafe conditions. He said Mr. Martin had strongly recommended against a 120-plus-space parking lot.
James Baxter said residents of Dogwood Acres had appeared before the Council and other committees many times with safety concerns regarding pedestrians and the increased traffic. He said they supported the Park and urged the Council to support the Manager’s recommendation. Mr. Baxter said the loop proposed through Southern Village was the best option on the table. He said that compromise maintained safety as a goal while saving money in order to begin Park construction. Mr. Baxter said in order to insure that the plan worked to the maximum benefit, he recommended:
§ permanently limiting the Dogwood Acres lot to 40 spaces,
§ shifting the soccer fields to the northern end of the Park close to the park and ride lot,
§ postponing the deceleration lane and access road but implementing them as soon as the opportunity arises,
§ fences and natural barriers could be erected to limit access to the fields only from the north and to ensure that the 40-space lot was used only for the southern amenities,
§ pipe bollards could be installed so that the maintenance access road did not become a drop-off lane,
§ signage could be erected to direct park users to the main entrance at Southern Village for soccer-related activities, and to Dogwood Acres Drive for the dog park.
Mr. Baxter urged the Council to support the Manager’s recommendation.
Dan London said he was pleased that Mayor pro tem Strom had recommended putting the in-line hockey court back into the plan, noting how interest in that sport had continued to grow over the years. He said he began coaching the UNC roller hockey team in 2000 with seven children, now they had two teams and had to turn children away because there was no room. Mr. London said they had to travel to Cary and Apex to play inside. He said it would be amazing to have such a facility, noting in his neighborhood the children play in the streets and in driveways. Mr. London said he truly hoped the Council would put the in-line hockey court back in, adding he had a young son who was interested in playing and he would be willing to volunteer his time to coach young children.
Gene Pease, a resident of Glandon Drive, said he had played “pick up” roller hockey for the last several years, playing two to five times a week in parking lots under incredibly dangerous conditions. He stated there were seven or eight of them over 50 who played regularly, and played against others that were 16, 18, all the way up to 50+ years old, and it was the only competitive sport they knew of where you could play competitively against a teenager and still hold your own. Mr. Pease said there was a tremendous need for organized roller hockey rink in this area, and all they were asking for was a slab of asphalt to get started. He noted they would provide the PVC pipe around it. Mr. Pease asked the Council to include the court in the budget, noting they were the only community in the area that did not provide a safe facility.
Lynne Bresler, a Dogwood Acres neighbor, thanked the Council for moving the parking up to Southern Village and for lowering the speed limit on Dogwood Acres Drive to 25 mph. She asked the Council that as they consider the phasing, they think about how emergency vehicles would access the park and how the bike path would access the park and ride lot, because that was the way people would use public transportation to get into Town.
Ms. Bresler said she expected a problem with teenagers wanting to congregate at the picnic shelters and at the restrooms. She said by placing the parking lot and the main access at Southern Village it would make it easier for emergency vehicles to access the park. Ms. Bresler asked the Council to keep in mind the potential for teen activities becoming a problem after Park hours.
Julia Gohlke said she was the parent of a five-year-old who played soccer at the Rainbow Soccer Fields. She said that area experienced a constant flow of traffic with cars coming and going every 30 minutes. Ms. Gohlke said she had long felt that those conditions were quite unsafe.
Ms. Gohlke thanked the Council for considering moving the parking for the park, noting that Dogwood Acres Drive was a road that all parents and children would have to cross to get to the fields. She said she was in full support of the Manager’s recommendation, but urged the Council to find funding for the direct turnoff off 15-501 to ensure good traffic flow, as well as easy-to-follow signage. Ms. Gohlke said it was important to discourage soccer users from using the parking lot on Dogwood Acres Drive because they would have to cross a very busy street.
Lloyd Kramer reiterated points already made regarding placing the larger parking lot on the northeast corner of the Park. He stressed that the residents of Dogwood Acres supported the Park, but believed that the soccer fields should only be accessible from the north end of the Park. Mr. Kramer said Dogwood Acres Drive simply could not be a main traffic point into this Park.
Mr. Kramer called attention to Option 1 that included no plan for a traffic light at Dogwood Acres Drive. He said the Mayor had suggested that may be the better plan, and asked the Council to take that into consideration.
Mr. Kramer stressed that the residents had been following the development of this park for over 15 years, and applauded the return to the original park plan. He said the new Options 1 and 2 represented a return to the original values expressed by the community and a commendable response to concerns expressed. Mr. Kramer urged the Council to include the deceleration lane.
Joe Patterson said he strongly supported the inclusion of the in-line roller hockey court. He said it was important to keep in mind that delaying construction of such amenities only drove the price of construction up. Mr. Patterson said it was likely that if it was not built now, it might never be built, and he urged its construction in the first phase.
Shawn Aldridge, a Dogwood Acres resident, said he realized the delays were costing the Town and taxpayers money, but pointed out that what they gained in return was a greatly improved design for the park that would directly benefit the users of the park as well as the neighbors, pedestrians, and drivers. He urged the Council to move ahead as quickly as possible.
Runyon Woods, vice chair of the original committee for the park as well as a resident of Dogwood Acres, thanked the various boards and committees for listening to their concerns and reacting positively. He asked that the Special Use Permit specifically state that the parking lot on Dogwood Acres Drive would be for a 40-space lot only.
Derrick Nehrenberg quoted from a memo from the Parks and Recreation Board recommending adoption of Option 2. Mr. Nehrenberg stated that the Board had heard from residents many times that the turn from Dogwood Acres Drive to 15-501 was unsafe. He said he hoped that the Council would take the users of the park and citizens’ safety into consideration and provide a traffic light at that location.
Mayor Foy stated that one of the speakers had indicated that he did not support a traffic light at Dogwood Acres Drive and 15-501. He stated that was not entirely accurate, because the Council did support a traffic light at that location but the question was how to pay for it. Mayor Foy noted that was a State highway, and the volume of traffic did not justify a traffic light. Given the Park’s budget, he said, he did not believe Town funds should be used to pay for a traffic light on a State highway. Mayor Foy said the proper channels should be used to pay for a traffic light, and that was through the NCDOT by using funds collected from all taxpayers and not from the Town’s bond funds.
Mayor Foy said he absolutely supported a traffic light at that location, and had hopes that they could get it, but not at the expense of Park funds. He noted that the Manager’s recommendation was that the Town provide $35,000 for the cost of a traffic light, but a traffic light actually costs three to four times that amount. So, Mayor Foy stated, allocating that money did not get the Town a traffic light, but was only an inducement for the State to provide it. He said he did not believe the Town should have to induce the State with bond funds to do what it should do when it widens a road.
Mayor Foy said it had also been implied that only the three items listed at the bottom of page 3 were not included in Option 1, which was not the case. He said those were what had fallen off Phase 1 because of the limited funds available. Mayor Foy said if you looked at the bottom of page 2 of the PPC memorandum, you find a list of 10 amenities that were proposed for Phase 2. He noted that the Community was originally supposed to be included in Phase 2, but it was looking like that would be delayed until Phase 2. Mayor Foy said he wanted to make sure everyone understood that, and was encouraging the Council to move forward this evening and not compromise what was planned.
Mayor Foy said the Park plan had gone through an involved process to come to this point, and he was in support of Option 1.
Council Member Ward asked for the cost of the deceleration lane. Mr. Webster responded that it was not just the cost of the deceleration lane, but for the access drive to 15-501. He said the cost of both would be about $600,000, but the cost of just the partial through the parking lot was $460,000.
Council Member Ward said that would mean that an additional $140,000 would provide the access that was originally proposed. Mr. Horton responded that the project had not been bid out, and he did not have confidence that the figures were accurate. He said they represented relative costs, and they could not know the true cost until it went out to bid.
Council Member Ward said he was afraid that they would create a real problem for Southern Village by requiring traffic to circle in and around through its main entrance configuration. He said he was in favor of the two additions suggested by Mayor pro tem Strom, and wanted to add the maintenance building to that list. Council Member Ward said that building had been more than adequately justified during a Parks and Recreation Board meeting, and it would allow the Park staff to perform their duties more efficiently.
Council Member Ward recommended including the maintenance building at a cost not to exceed $60,000, and including the deceleration lane at a cost of $140,000, for a total of $200,000. He encouraged the Council to accept those inclusions to Option 1, noting it would be more expensive to provide them at a later time.
Mayor Foy noted that the PPC had indicated that a temporary maintenance building would be provided if the permanent building was not included in Phase 1. Council Member Ward asked for more information regarding that. Mr. Webster said a temporary building was a possibility, but he did not know if the SUP would allow it. He said they did not have enough information at this time to respond.
Mr. Horton stated that temporary buildings were not allowed under the Town’s ordinances. He asked Mr. Webster if by “temporary” he was referring to a modular building. Mr. Webster said yes, noting they needed to be able to store supplies and equipment in a safe manner. He said they had not looked at whether a modular building was appropriate for the site or what the cost might be.
Mr. Horton said he believed that once all of the regulations were imposed on the SUP, that it certainly would not be a temporary building.
Council Member Ward stated that was the “cost of doing business.” He said they would have a park there and needed to provide the staff with the facility needed to do their job efficiently.
COUNCIL MEMBER HILL MOVED, SECONDED BY COUNCIL MEMBER EASTHOM, ADOPTION OF RESOLUTION R-5, OPTION 1, AMENDED TO INCLUDE THE ADDITION OF AN IN-LINE HOCKEY COURT AND BASKETBALL COURT AT AN ADDITIONAL COST OF $200,000.
Council Member Kleinschmidt said he was hearing a disconnect between the in-line hockey enthusiasts and the cost of an in-line hockey court. He asked why a basketball court costs $45,000, and what had been described as a “concrete slab” costs $150,000. Mr. Webster said the basketball court at $45,000 was actually the addition of a second court. He said the first court was priced at $85,000, which included the cost of site preparation, stormwater improvements, the retaining wall, and other work. Mr. Webster said that preparation work would not have to be performed for the second court, which was why the price was much lower. He stated that brought the cost of the basketball courts to approximately $130,000.
Mr. Webster said because of where the in-line hockey court was located within the Park, it would require a larger retaining wall which was more concrete, and the court itself was larger than the size of two basketball courts.
Council Member Kleinschmidt said he did not want to create competition or friction between basketball enthusiasts and in-line hockey enthusiasts, but wasn’t it possible to use the same slab of concrete for both sports at different times? Mr. Webster replied he was not prepared to answer that question, because he would have to look into standards and safety issues. Council Member Kleinschmidt said the basketball pole would likely cause some concern.
Mr. Horton said their experience was that multi-purpose courts required close management, and created strife when there was not close management. He said there would not be regular supervision at this location, and that would make it difficult to be workable. Mr. Horton said he believed the two groups would always be in competition.
THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Item 7 – Consideration of Rezoning the Mason Farm Road Neighborhood
Housing and Neighborhood Services Coordinator Loryn Clark stated that the ordinance before the Council for consideration would rezone the Mason Farm/Whitehead area from the Residential-1 zoning district to the Residential-Low Density-1 zoning district. She said the staff recommendation was for enactment of Ordinance A.
Ms. Clark said one key issue was raised at the March 20 public hearing as well as the Planning Board meeting, which was the boundary of the proposed rezoning. She noted that residents had spoken in favor of and against the inclusion of four properties north of Mason Farm Road. Ms. Clark said three of those four properties were owned by the University and were part of its Master Land Use Plan, and development of those properties as student family housing was currently underway.
Ms. Clark said the Planning Board recommended the enactment of Ordinance B which would exclude the four properties, while the Manager’s recommendation, Ordinance A, would include the four properties.
MAYOR PRO TEM STROM MOVED, SECONDED BY COUNCIL MEMBER HILL, ENACTMENT OF ORDINANCE O-4b. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Item 8 – Presentation of the Manager’s Recommended Budget
for 2006-2007 Fiscal Year
Mr. Horton noted that the Finance Director would provide an overview of the budget, of which most the Council was well familiar. He said there had been some modifications since the Council’s last review.
Mr. Horton noted the process was moving along well, with several budget work sessions scheduled as well as a Public Hearing on the budget on May 10. He said the schedule called for adoption of the budget by the end of June. Mr. Horton said the Finance Director would touch on key issues, and tonight’s major purpose was to highlight those key issues and preview the main elements of the budget as well as give the Council and the public an opportunity to be apprised before the hearing on May 10.
Finance Director Kay Johnson provided a slide of the base budget and recommended budgets for the General Fund, the Transportation Fund, and the Downtown Service District Fund.
|
Fund |
Base Budget |
Recommended Budget |
Required Tax Rate |
Comments |
|
General Fund |
46,320,350 |
49,247,200 |
47.4 cents |
Unchanged |
|
Transportation Fund |
13,622,000 |
14,082,000 |
4.8 cents |
Unchanged |
|
Downtown Service District Fund |
79,000 |
135,700 |
9.1 cents |
Increase of 3.8 cents |
Ms. Johnson noted that the tax rate for the General Fund and the Transportation Fund remained unchanged, but the Downtown Service District Fund reflected an increase of 3.8 cents.
Ms. Johnson said that the overall issues remained as noted in the memorandum, but several required additional comments. She said the first was fuel costs, noting that the base budget included an increase in fuel costs as well as a fuel reserve fund in both the General Fund and the Transportation Fund over and above the amounts originally prepared. Ms. Johnson said they had experienced an increase of 45 percent over what had been budgeted for the current year, and were still concerned that the amount for the coming year’s budget may need to be increased.
Ms. Johnson said the second issue was the Bond sale, noting that they were recommending that the amount of the bond sale remain the same but that the timing of the sale of the bond amounts be adjusted. She said that would provide additional time for planning, particularly for Parks and Recreation projects, adding that they don’t need the funds as soon as originally anticipated.
Ms. Johnson said they would be able to carry forward $1,978,000 from the current budget into the next year. She said that was accomplished by:
· a change in the normal carryforward from $800,000 to $1 million,
· fire protection reserve of $114,000, and
· additional sales tax revenue of $765,000.
Ms. Johnson displayed a slide of the major revenues for the General Fund. She stated that the largest and most stable revenue for the Town was property tax revenue, and they expected to see an increase of $700,000, or three percent, for the next year. She said for sales taxes, they expected an increase of $1.38 million over the current year. Ms. Johnson said the next two largest revenues, the Utility Franchise fees and motor fuels, were expected to remain constant at $2.1 million and $1.5 million, respectively.
Ms. Johnson said for the General Fund, base costs included increases in:
§ base fuel costs
§ fuel reserve
§ asphalt costs
§ regional planning grant share
§ related charges for the Town Operations Center
Ms. Johnson said in total, the base budget amounted to $46.320 million.
Ms. Johnson said in taking the total revenue sources of $49.2 million and subtracting the base costs of $46.3 million, they were left with available revenues of $2.9 million that could be used for priority additions to the budget. She said that priority additions included a number of items, the largest of which were:
§ general market and merit adjustments - $590,000
§ special pay adjustments in Fire and Inspections - $92,000
§ Downtown Services:
o -Police patrol – five officers (nine months) - $250,000
o -Downtown Economic Development Initiative - $60,000
§ Six firefighters (three months) - $92,000
§ Children’/Teen Librarian (nine months) - $37,000
§ Traffic Technician - $35,400
§ Hargraves after-school - $29,400
§ Manager’s Office, part-time administrative clerk (nine months) - $18,100
§ Police mobile data terminals - $54,000
§ Police software - $54,000
§ On-demand video streaming of Council meetings - $31,000
§ Non-profit rental group - $13,500
§ Grants to agencies - $489,000
§ Payment on 2006 bonds - $137,000
§ Orange County Housing and Land Trust - $14,000
§ Internship program - $16,000
§ Capital Improvements - $891,000
§ Additional financings, first year costs –
o -Aquatics Center - $46,250
o -Southern Community Park - $30,000
Ms. Johnson noted that due to the action taken by the Council this evening, the amount noted for the Southern Community Park would need to be adjusted. She stated that in total the base budget with all funding sources and priority additions totaled $49,247,200, resulting in a balanced budget with the current tax rate.
Ms. Johnson said for the Transportation Fund, fund sources amounted to $13,670,000, and total costs of $13,622,000, resulting in a difference of $48,000. She noted that this included the additional fuel reserve of $160,000. Ms. Johnson said priority additions in the Transportation Fund included general market and merit adjustments at $173,000, new UNC routes at $224,000, and a new Carrboro feeder at $23,000. She said with these additions, there would be no change in the current tax rate of 4.8 cents.
Ms. Johnson said regarding the third fund considered for possible changes from a base budget to priority additions was the Downtown Service District. She noted the following:
§ Current revenues - $79,000
§ Current costs - $70,000
§ Current tax rate – 5.3 cents
§ Priority additions
o -free on-street parking - $39,000
o -dedicated groundskeeper (nine months) - $26,700
o Tax rate after additions – 9.1 cents
Regarding other funds, Ms. Johnson noted the following:
§ Stormwater management - $1.6 million
§ Parking Funds:
o -On-Street - $600,000
o -Off-Street - $1.6 million
§ Public Housing - $1.6 million
Ms. Johnson said when they looked at the budget, they also looked at potential effects of out years, particularly the year following with the additional costs of General Obligation bonds. She said they only pay interest costs next year but would pay the full cost the following year. Ms. Johnson said one thing they had considered was the use of fund balance in excess of the necessary amount to keep them at 12 percent to 13 percent of their budget, which would leave them with approximately $2 million to spread out over the next three years for bond issuances to help lower the cost of the Town Operations Center. Ms. Johnson said they had applied in their projections $1 million in 2007-8, $400,000 for the next year, and $600,000 in the year after that.
Ms. Johnson said they believe the Council should continue to look at the capital repairs and maintenance needs, noting there were potential cost increases related to maintaining facilities.
Ms. Johnson said, regarding the firefighters, it had been noted that was a three-year program, and with this budget they would complete the second year of their three-year program. She said they were recommending that the Council seek funding for the third year from the State.
Ms. Johnson said the future budget preparation schedule included the public hearing on May 10, and Council budget work sessions scheduled for May 17, June 7, and June 14. She stated that the recommended budget was scheduled for adoption by the Council at its June 26 business meeting.
Council Member Harrison commented on the Downtown Service District. He said that the Council knew but citizens may not know that the stated tax increase applied only to a very limited area. Ms. Johnson said that was correct, stating that the Service District was basically the downtown of Chapel Hill, and the intent was to provide special funds to support the special needs of the district itself.
Item 9 – Town Applications for 2006-2007 Community
Development HOME Programs
9a. Recommended 2006-2007 Community Development Program (R-7).
9b. Recommended 2006-2007 HOME Program (R-8).
9c. Submittal of 2005-2010 Consolidated Plan (R-9).
Ms. Clark said tonight they submit the recommended 2006-2007 Community Development and HOME Program plans and asked that the Council authorize submittal of the 2006-2007 annual update to the Consolidated Plan.
Ms. Clark stated that the recommended 2006-2007 Community Development plan allocated $598,310 for the renovation of public housing, property acquisition, community service activities, and program administration. She said the recommended HOME Program plan allocated $950,580 of funds for homeownership assistance, new construction, property acquisition, operational support, and program administration. Ms. Clark said there was a local match required for HOME program funds, and the Town’s portion was approximately $61,000. She said they proposed to use the Housing Loan Trust Fund for this expense.
Ms. Clark said they were also requesting that the Town authorize reallocation of funds previously allocated to the Town of Hillsborough for a joint affordable housing project with Habitat for Humanity in the Fairview community in the amount of $100,000
Ms. Clark said they were requesting authorization to submit the Annual Update to the 2005-2010 Consolidated Plan developed with Orange County, Hillsborough and Carrboro for submittal to the US Department of Housing and Urban Development.
Ms. Clark said they were recommending that the Council adopt Resolutions R-7, R-8, and R-9.
MAYOR PRO TEM STROM MOVED, SECONDED BY COUNCIL MEMBER WARD, ADOPTION OF RESOLUTIONS R-7, R-8, AND R-9. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Council Member Thorpe commented that to the public it might appear that the Council was moving quickly on this. He said these issues had previously been discussed by the Council at their Planning Retreat.
Mayor Foy agreed that was a good point, and noted that many of the items on tonight’s agenda had been before the Council previously, including the previous agenda item. He said all of these issues had been discussed and this was simply the last chance for any of the Council to make additional comments.
Item 10 – Options for Operations of the Homestead Park
Skate Park and Batting Cage
Mr. Horton said he continued to believe that the vendor who had responded to their proposal was a good choice and would provide an improved service. He said they had identified cash control measures that they would utilize to monitor the operation, and believed they would be satisfactory. Mr. Horton recommended that the Council authorize the necessary improvements and the budget associated with that, and authorize them to proceed with execution of an agreement.
Mayor Foy said he was prepared to support the Manager’s recommendation, which was Resolution A, Ordinance A and Ordinance B.
COUNCIL MEMBER HILL MOVED, SECONDED BY MAYOR PRO TEM STROM, ADOPTION OF RESOLUTION R-10a.
Council Member Kleinschmidt stated that he had articulated concerns about the skate park in the past, and was impressed with the level of confidence that citizens had expressed regarding this vendor. He said he supported the Manager’s recommendation.
Mayor Foy noted that several citizens had signed up to speak regarding this issue, and asked if any of those were opposed to the actions the Council was about to take.
Tony Sabbagh said he had been skating at the skateboard park since 2000, and he had also skated at other parks all over the country. He said he believed it had been proven that having a skateboard park built with taxpayer money for public use to make a profit was not the best option. Mr. Sabbagh stated the other communities provided skateboard parks built with taxpayer dollars that were free and opened to the public where people of all ages were welcomed.
Mr. Sabbagh noted that he was an adult and worked for a living so he could afford to pay the fee, but there were other citizens who could not afford the $5 to use the skateboard park. He said if a child wanted to skate several times a week, it could well cost over a $100 a month for the privilege. Mr. Sabbagh said he believed that was a lot of money to ask parents to pay for children who wanted to skateboard.
Mr. Sabbagh stated that they had ball fields, soccer fields, basketball and tennis courts, and all kinds of recreational facilities where people did not have to pay to play the sport. He said he believed the Council should consider building a concrete park, because it did not require the maintenance that wood required. Mr. Sabbagh said if the Town would build it, he and his friends would participate in maintaining it. He said that people who used such parks did not vandalize them, but simply hung out and skated.
Mr. Sabbagh said that skateboarding was an individual sport that did not encourage fights. He said people of all ages enjoyed it, with the older, more experienced skaters helping the young ones. Mr. Sabbagh said he also encouraged the Council to provide amenities such as rails and steps for the skaters, similar to what was provided in other communities. He stated that Charlotte, Asheville, and Wilmington all had concrete skateboard parks, with Charlotte charging $1.00 and Asheville and Wilmington charging $2.00. Mr. Sabbagh said $5.00 was expensive when the Town was paying for the park.
THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
MAYOR PRO TEM STROM MOVED, SECONDED BY COUNCIL MEMBER WARD, ENACTMENT OF ORDINANCE O-5a. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
COUNCIL MEMBER WARD MOVED, SECONDED BY MAYOR PRO TEM STROM, ENACTMENT OF ORDINANCE O-5b. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Council Member Hill, the convener of this Committee, stated they had tried to write the report so that it was easily understandable. He said he wanted to add one suggestion to the list of seven noted in the report, and apologized that it had been left out. Council Member Hill stated that suggestion number eight was, “Investigate present and future financial liabilities associated with pension and retiree benefits of all kinds and make certain that these liabilities are reported as part of the regular financial reports received by the Council.”
Council Member Hill said these eight suggestions were put forth for the Council’s consideration. He said there was some divergence of opinion on the Committee. Council Member Hill said a former Council member had suggested including conducting a thorough review of how the current pay plan was developed, which was suppose to instruct us to determine how previous committees had gone thorough this same task. He said they discovered that they faced the very same issues those previous committees had faced.
Council Member Hill said many of the problems with the pay plan were ones of perception, not reality. He stated that many of the issues such as the value between the steps were basic, but there were misconceptions that existed throughout the full range of employees, and possibly on this Council. He encouraged the Council to read the report.
Mayor Foy said that Human Resources Department had provided a response to each of the suggestions, and asked where that document was located. Mr. Horton replied it was a separate memo that was included inside the folder of the budget document. He said it was a collection of budget working papers, with the first being a report on the internship program and the second was the Human Resources document. Mr. Horton said the third paper regarding information on 2.5 percent steps, and the next was a set of recommendations and pay survey and compensation report. He said he recommended these documents and the Committee’s report be considered at the next budget work session.
Mayor Foy said this evening the Council should ask any clarifying questions, so that this report could be included in the next discussion on the budget.
Council Member Kleinschmidt said on page three under the third bullet, the last sentence reads, “The Committee did not reach consensus on this recommendation…,” referring to the pay steps. He said suggestion number six suggests that the Council alter the steps. Council Member Kleinschmidt asked for clarification.
Council Member Hill said just a few minutes before the Committee’s last meeting had ended, someone proposed that they not recommend changing the steps, which had elicited a flurry of allegiance to that concept. He stated that resulted in the Committee ending with a dichotomy. Council Member Hill said the reality was that whatever amount of pay increase the Council decided on was what employees would get, but it was much simpler to provide that in steps. He added it made it simpler for the Council to fund the pay increases at a lower rate if they lowered the percentage between steps.
Council Member Kleinschmidt asked Council Member Hill when he said “simpler,” did he mean it costs less or that it was somehow easier to do. Council Member Hill responded that if the distance between steps were reduced from 3.78 percent to perhaps 2.5 percent, it would cost less and would be simpler to do. Council Member Kleinschmidt said to him 3.78 percent was no more difficult to figure than 2.5 percent, so he wanted to flag this for further discussion.
Item 12 – Appointments
12a. IFC Men’s Residential Facility Work Group.
MAYOR PRO TEM STROM MOVED, SECONDED BY COUNCIL MEMBER HILL, ADOPTION OF RESOLUTION R-11, APPOINTING MAYOR FOY AND COUNCIL MEMBER WARD TO THE WORK GROUP. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
12b. IFC Comprehensive Service Center Work Group.
MAYOR PRO TEM STROM MOVED, SECONDED BY COUNCIL MEMBER GREENE, ADOPTION OF RESOLUTION R-12, APPOINTING MAYOR PRO TEM STROM AND COUNCIL MEMBER GREENE TO THE WORK GROUP. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Mayor Foy distributed the results of this morning’s Manager Search Committee meeting. He said they had developed a schedule for consideration of the final candidates, and noted that as follows:
Mayor Foy said he wanted to make sure that these dates and times were on the Council’s schedules as soon as possible. He said it was difficult to schedule these times because it was April and the application period had not yet closed. Mayor Foy said it did not end until April 28, so they don’t even know who all the applicants are as yet. He said as part of the process, candidates would be notified that they need to set aside this time.
Mayor Foy said so far they had approximately 100 applicants, and the Council would be notified just after the closing date of the final count. He said it was a logistical problem because they did not know if the candidates would be available during that week, but they had to attempt to solidify this as quickly as possible.
Mayor pro tem Strom said they would get as much information as possible on the website as quickly as manageable. He said they would include the schedule and other pertinent information.
Mayor Foy said the Council would be sent an email confirming the schedule.
Item 13 – Petitions
13a(1). Council Member Ward regarding NCDOT Letter of April 19.
Council Member Ward said the Council had received a letter from the NCDOT regarding its investigation of the three pedestrian death locations. He said the letter outlined what NCDOT believed were contributing factors, including wearing dark clothing, nighttime hours with low visibility, and that low overhead lighting would address some of that.
Council Member Ward said in his estimation the letter did not provide them with the information they had requested in terms of bike and pedestrian amenities for crossings at these locations. He asked that this letter, in addition to their earlier request, be referred to the Manager and the Traffic Engineer so that additional conversations and/or a letter would come from the Town to again asked for NCDOT’s recommendations regarding bike and pedestrian crossing amenities at these locations, particularly at Manning Drive and the bypass.
Council Member Greene said she would second that, with the addition that whoever addressed this take a hard look at the unsurprising and very frustrating conclusion that there was no need for a crosswalk at 15-501 and Manning Drive because there was not enough traffic. She said she and many others personally knew people who would never attempt to cross that intersection if their lives depended upon it. Council Member Greene said it was a “catch 22,” and she would like to see NCDOT’s logic scrutinized.
Council Member Ward said the lack of “crash history” prior to this suggested that pedestrians were safely crossing that intersection. He said to come to that conclusion with that information was embarrassing, and was indeed frustrating and maddening.
COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER GREENE, TO RECEIVE AND REFER THE PETITION TO THE MANAGER AND THE TRAFFIC ENGINEER SO THAT ADDITIONAL CONVERSATIONS AND/OR A LETTER WOULD COME FROM THE TOWN TO AGAIN ASKED FOR NCDOT’S RECOMMENDATIONS REGARDING BIKE AND PEDESTRIAN CROSSING AMENITIES AT THESE LOCATIONS, PARTICULARLY AT MANNING DRIVE AND THE BYPASS. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
13a(2). Mayor pro tem Strom regarding the Financial Impacts of Downtown Events.
Mayor pro tem Strom asked the Council to join him in asking that a report be drafted addressing the social and financial impacts of Festifall and the Halloween event. He said the Council had taken action earlier that night to end the Apple Chill Street Fair, and asked the Council to have a discussion about the social and financial impacts of these two events on the community, and to discuss options on how to make both more community building, locally-oriented events, or perhaps eliminate them.
Council Member Harrison said that Halloween was not the Town’s festival, but was thrust upon it. He said the Town handled it wonderfully, and it appeared to be quite safe, but it was not an event that had ever been under the auspices of the Town.
Mayor pro tem Strom emphasized that he was asking that they look at the social and financial impacts, and ways to make them more locally oriented, smaller in scale, or to eliminate them He said the purpose of the report would be to help the Council understand what stopping or discouraging an informal gathering like Halloween would entail.
Council Member Kleinschmidt said a similar report was prepared several years ago, and he believed the Festifall was included in what the Street Festival Committee was to consider. He stated that one of the reasons he believed the Council’s action on Apple Chill was appropriate was because things beyond the efforts of the Street Festival Committee were difficult to respond to in any way other than eliminating the event.
Council Member Kleinschmidt said he wanted to clarify his reasons for supporting the elimination of Apple Chill, noting it was expensive but they knew that. He said the costs of Festifall and Halloween were clear to them, and he had no interest in eliminating those two events. Council Member Kleinschmidt said they were wonderful events that gave the Town character. He said he looked forward to whatever social commentary resulted from this, but suspected that the Manager would likely provide the same information that was provided several years ago.
Council Member Thorpe commended the Mayor for his action in moving forward with the proposal to end Apple Chill. He said the Mayor had exhibited great leadership in bringing that resolution before the Council. Council Member Thorpe said he had mixed emotions in terms of the numbers of citizens whom the event provided jobs for, but safety was key and the event had gotten out of hand.
Council Member Greene said the intent of Mayor pro tem Strom’s petition was a good one, because she did not think any of the Council did not want an appropriate and enjoyable festival. But, she said, they needed to find a way to change the context so that it was truly an arts fair or something of that sort. Council Member Greene said the Council had received many emails and phone calls asking that they take action as it had earlier tonight, but there were a few who stated that the street fair was valuable and asked them to try and figure out a way to recoup it.
Council Member Greene said she agreed with Council Member Thorpe, that the Mayor had taken the appropriate steps by bring the resolution before the Council, but now that was done and they had the opportunity to rethink it, she hoped we would.
MAYOR PRO TEM STROM MOVED THAT A REPORT BE DRAFTED ADDRESSING THE SOCIAL AND FINANCIAL IMPACTS OF FESTIFALL AND THE HALLOWEEN CELEBRATION, WITH DISCUSSION OF OPTIONS THAT WOULD PROVIDE COMMUNITY BUILDING AND WAYS TO MAKE THE EVENTS MORE COMMUNITY FOCUSED, OR WAYS TO ELIMINATE THEM. THE MOTION WAS SECONDED BY COUNCIL MEMBER WARD. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
The meeting was adjourned at 8:53 p.m.