In oberservance of Veterans Day, Mayor Foy said there were 50 or more Town employees or members of their families who had served in the Armed Forces or were on active duty. He said the community needed to show its support for veterans and how highly they are regarded.

Mayor Foy read the resolution and presented it on behalf of all Town veterans to Information Technology Director Bob Avery, who served 30 years in the Navy. He asked that all veterans stand and come forward for a photograph.

Mayor pro tem Bill Strom MOVED, SECONDED BY Council Member Cam Hill, TO Adopt R-1   THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION HONORING VETERANS OF THE UNITED STATES ARMED FORCES (2006-11-06/R-1)

a. Deleted.

b. Public Forum:  Draft Northside Mobility Report  (R-1.1)

Long Range and Transportation Coordinator David Bonk, introduced the item noting that the Council had been presented the revised version of the Northside Mobility Plan. He said in February 2003 the Town had received a grant for $200,000 from the Robert Wood Foundation to encourage more active living. He said one of the first projects undertaken with the grant funds was a mobility assessment of the Northside Community.

Mr. Bonk said the plan was completed in February 2005 and the Council received the plan and referred it to advisory boards.  In June 2005 he said a public forum was held where many comments were received from the community. Mr. Bonk said working with those comments and the Active Living By Design Committee, the staff had completed the revised Northside Mobility Plan.

Mr. Bonk said some key elements of the report are pedestrian networks, a proposed network of sidewalks, as well as safety and traffic calming proposals along specific streets in the community. He said there is a section that deals specifically with access to the Hargraves Center, realizing that it was the central area of the neighborhood, and better connection with the greenway system.

Mr. Bonk said that the public transit system service and pedestrian access to it had been addressed. He said conversations with residents in the community had revealed a concern for public safety. He said abandoned houses and vehicles contributed to that concern and that staff was working with the Police and Inspections Departments to find remedies. Mr. Bonk said the dilemma for staff had been efforts to encourage people to become more active being negated by public safety concerns. He said the plan would return to the Council on either November 20 or December 4.

Adam Brown and Steve Wright spoke in support of sidewalks in the community.

Delores Bailey said there was a need for traffic calming devices on Graham Street.

Ruby Seinrich, a five-year resident of Sunset Drive, said she highly recommended that the Council support the Planning Board recommendations. She said the plan was a mobility plan, and those loitering were not interested in new facilities. She said she did not believe sidewalks would increase loitering, but would connect Northside to the rest of the community.

Joseph Farrington, a resident of Graham Street, opposed sidewalks because there is only a small area of lawn. He said a five-foot sidewalk would bring the street closer to homes. He said he saw the sidewalks as an opportunity for loiterers.

Jane Ferrar, a 46-year resident of Sunset Drive, said she did not want sidewalks. She said the sidewalk would take all of her lawn.

Council Member Ward, asked if there was a way to provide safe passage for those who needed a sidewalk, perhaps by taking some of the roadway. He said he knew that did not fit into the standard design, but asked if it could be considered part of traffic calming. 

Mayor Foy said that all comments would be forwarded to staff and committees. 

Council Member Jim Ward MOVED, SECONDED BY Council Member Sally Greene, TO Adopt R-1.1   THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION REFERRING PUBLIC FORUM COMMENTS ON THE DRAFT NORTHSIDE PEDESTRIAN MOBILITY PLAN TO THE TOWN MANAGER AND ATTORNEY AND THE ACTIVE LIVING BY DESIGN ADVISORY COMMITTEE FOR REVIEW (2006-11-06/R-1.1)

c. Public Forum:  Public Art Contextual Plan.

1. Presentation of Draft Public Art Contextual Plan

Arts Commission Chairman Dick Robinson, said that last year Council had authorized a comprehensive study of ways that Chapel Hill might want to enlarge its commitment to public art. He said that plan, prepared by consultant Gail Goldman, builds upon the Percent for Art program that is applicable to capital improvement projects. He said the most significant proposal in the plan was the involvement of the private development community to join in the public endeavor. He said the question was whether that participation would be mandatory or rely on the civic mindedness of public developers to join the Town to create a more exciting environment. He added that it was still up in the air as to whether the Town had the authority to require this contribution.

Mr. Robinson said developers’ percent could include on-site art, a cultural facility onsite or near the project area, or payment in lieu to public arts for use by the Town for art projects. He said the developer and Town could work together to determine suitable projects.

Ms. Flory narrated a slide presentation of existing and proposed Town Percent for Art projects.

Mr. Robinson said he hoped the Council would look with favor on this grant opportunity to make public access to art even more available.

Mayor Foy noted that the plan would be referred to boards and committees. Mr. Robinson said that they had been before a number of boards, and had a few to go, and there would also be input at the public hearing in February. 

Mr. Robinson said the input so far had been positive. Mayor Foy said he was interested in specific feedback and would like to know how they feel about the two percent proposal, adding that two percent was not necessarily better than one percent.
 
Mayor pro tem Strom said he was interested in whether the Council could make requests for public art in private developments or what steps they would have to take to gain that specific power. He said it would be helpful if Council had that discussion at its legislative breakfast, or at least by the February 26 public hearing, he added. Mr. Karpinos said that could be taken up at the retreat, and that it had been discussed in the past.

Council Member Ward commended the Public Arts Commission. He added that the proposal was a huge commitment, and asked Mr. Robinson to further explain that commitment. Mr. Robinson said the general estimate was that it takes about 20 percent of a project’s cost to lead to fruition of the art project. He added that part of the two percent would be used for administrative processes. He said the Commission receives a generous contribution from the Council, but they would need more funding for staff if the two percent was implemented.

Council Member Ward said he wanted budget estimates on what it would take to continue the program. Mr. Robinson said one of the implications of the plan was that they would need more help.

Council Member Kleinschmidt told Mr. Stancil that he wanted to underscore the efforts of public arts, and that those efforts are a long-standing Council goal. He said the public arts staff had been part of Town staff and then became a non-profit. He said although the public art staff was no longer a part of Town staff, there had been no decrease in the Council’s enthusiasm for the work performed by the Commission. In light of the emphasis being placed on the Contextual Plan, Council Goals and the Comprehensive Plan, and the organizational transition, Council Member Kleinschmidt encouraged Mr. Stancil to incorporate the Commission staff with other staff to bring this Council goal to consciousness through staff synergy. 

2. Resolution Calling a Public Hearing on the Draft Public Art Contextual Plan (R-2).

Council Member Jim Ward MOVED, SECONDED BY Council Member Mark Kleinschmidt, TO Adopt R-2   THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION SCHEDULING A PUBLIC HEARING ON FEBRUARY 26, 2007 TO RECEIVE CITIZEN INPUT ON THE DRAFT PUBLIC ART CONTEXTUAL PLAN (2006-11-06/R-2)

d. Public Forum:  Budget Process.

Finance Director Kay Johnson, said she was pleased to come before Council with the results from the meetings with the Budget Review Taskforce, the Council, and the staff. She said Mr. Stancil had asked the taskforce to review the process and come back with recommendations for the Council, for the upcoming cycle and future processes. Mr. Tim Dempsey served as taskforce facilitator, she said.  

Ms. Johnson said the taskforce had met with staff, and the Council. She said that tonight they would entertain public input. She said the Council had tentatively endorsed the following recommendations: an annual forum on the budget; a redesign of the Council retreat; a review of the Capital Improvement Projects process; accountability assessment; establishment of better standards; meeting with advisory boards annually; formation of a Council committee to look at the budget; reduced formality of budget discussions; development of an executive summary of budget material; and focusing on presenting the public information on Council achievements that have been made through the budget process.

a. Petitions by citizens on items not on the agenda.

1. Habitat for Humanity requesting Expedited Review on Sunrise Ridge.

Council Member Jim Ward MOVED, SECONDED BY Council Member Sally Greene, TO  Receive and Refer the petition to the Manager  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

2. Public Housing Program Advisory Board request for Removal of Board Members.

Mayor Foy said the request was to remove two members from the Public Housing Program Advisory Board for lack of attendance.

Council Member Jim Ward MOVED, SECONDED BY Council Member Sally Greene, TO  Remove two public Housing Program Advisory Board members for lack of attendance   THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

3. Neighborhoods for Responsible Growth regarding Carolina North.

Mike Collins, on behalf of Neighborhoods for Responsible Growth (NRG), said as the discussion of Carolina North moves forward the Council will be charged with defining a new zoning district. Mr. Collins said the constitution of that zone will be critical to the shaping of Carolina North. The time is right to consider new approaches to energy, he added, including renewable sources and sustainability. He said both the Town and the University recognize this fact.

Mr. Collins said NRG applauds UNC’s renewable energy and sustainability goals, and encourages the Council to promote these goals. He said NRG would like to urge the Town to explore for this zone and any other zone for Carolina North the carbon energy number per square foot to reduce fossil fuel energy to American Institute of Architects 2020 standard, limit building height to four stories, require construction costing based on life cycle costs, and require commissioning of new buildings and verification upon completion of projects. He said NRG petitions the Council to engage a consultant/s for the Carolina North tract to assist in achieving these goals for any new zones for Carolina North.  

Mr. Collins said this dual approach - zoning and forward looking design - will make UNC a model. He said that currently no other campus in the United States follows the high standards of accountability that UNC does.

Mayor pro tem Strom said the timing of the petition was terrific and that they were fortunate to have citizens and organizations like NRG constantly pushing the Town to do better. He moved to receive and refer the petition to staff. He said he also thought the time was right to start discussing what type of zone and zoning process Council ought to work towards for Carolina North.

Mayor pro tem Strom said that he and Council Member Hill serve on the Leadership Advisory Council (LAC), and that things were moving along quickly. He said the Manager had also asked the Council to authorize staff to work on technical committees. He said they had guidance on what the zone could be. Mayor pro tem Strom said he believed Council should ask the Mayor and the Manager to approach UNC for a process for a zone for the Carolina North campus and see where those conversations lead. He said given that the UNC Trustees had set an October 2007 deadline for making application, the Council needed to get moving.

Mayor Foy said there was the consideration of time and staff. He said UNC has an ambitious goal and the Town was in the middle. He added that it would be expensive, and that the Town was not a large enough organization to do this. He said Council needed to approach UNC and see if they were going to ask the Town for a zone, and if so, they needed to know about that now due to time and money constraints.

Council Member Ward agreed with Mayor Foy. He asked if there was a timeframe the Town had to respond to the University. Mayor Foy said he did not think that would be reasonable.

Mayor Foy said the transit plan will have important information for developing Carolina North. He said the Council should have that information in March. Mayor Foy said Council needed to figure out what its goals were going to be.

Council Member Kleinschmidt said he would like to wait and think about this. He said he was not ready to discuss what the zone will be.

Mayor Foy said the Council should invite UNC to discuss with the Town what the process might be. The Council did engage with them when it developed OI-4, he said.

Council Member Kleinschmidt said he appreciated knowing and being informed that there is new energy at the LAC and the University, and perhaps Council needs to adjust its policy, but he needed more time to digest the information and learn more about it.

Council Member Harrison thanked the NRG for its insightful, thoughtful petition, but said he would be surprised to move on this so quickly.

Mr. Stancil said staff would get information together concerning potential consultants, transit, and fiscal equity and present that to Council at their meeting in December.

Council Member Thorpe thanked Mr. Collins and commented on how effective the NRG is. He requested that Mr. Collins forward information concerning the structure of the NRG so Council could share that with other organizations.

Mayor Foy questioned whether or not staff had time to spend on this. He said this effort would be significantly more intense than that of the Neighborhood Conservation Districts. He noted that the consultant for that effort had cost the Town $50,000.

Council Member Kleinschmidt said he wanted a timeline on the process, the pace that it must move, and what drives the movement of it. He said if it entailed a policy change, they were not prepared to do this right now.

Mr. Collins requested that the Council keep the NRG informed of the timeline.

Council Member Easthom recommended the Council look at the amount of staff time that was involved with the OI-4 zoning and also look at the Horace Williams tract and see what would justify hiring a consultant.

Mayor Foy said there would be continued discussion of the issue at the December meeting.

Council Member Cam Hill MOVED, SECONDED BY Mayor pro tem Bill Strom, TO  Receive and Refer the petition to the Manager, by consensus  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

b. Petitions by citizens on items on the agenda.

John Mackowiak asked the Council for permission to use the right-of-way on Pinehurst Drive for stormwater management, independent of the Aquabella Subdivision request. He said this request had come about after brainstorming with staff and the stormwater engineer. He made a slide presentation to the Council. Mr. Mackowiak requested that Council refer to staff his request to use the right-of-way for stormwater.

Joe Laton, president of the Oaks I Homeowners Association, said he also came to speak about drainage on Pinehurst Drive. He said it had worsened since the development of Meadowmont.

Mayor pro tem Bill Strom MOVED, SECONDED BY Council Member Jim Ward, TO  Receive and Refer the petition to the Manager  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

c. Announcements by Council members.

Council Member Thorpe said he had noticed on the buses that Martin Luther King Jr. Blvd. was still being referred to as Airport Road on the electronic message board. He asked that that be corrected.

a. Minutes September 11, 18, 2006.

b. Resolution Scheduling Public Forum on Public Access Fee (R-4).

c. Amendment to the Revolving Acquisition Fund (O-1).

d. Response to Petition requesting Town Assistance with National Register Historic District Expansion (R-5).

Mayor Foy announced that the Negotiating Team for Lot 5 had met earlier in the day and would enter closed session at the end of the meeting.

Mayor pro tem Bill Strom MOVED, SECONDED BY Council Member Mark Kleinschmidt, TO Adopt R-3  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES (2006-11-06/R-3)

A RESOLUTION REGARDING THE SUPPLEMENTAL PUBLIC ACCESS RATE FOR CABLE TELEVISION IN CHAPEL HILL (2006-11-06/R-4)

AN ORDINANCE TO AMEND THE REVOLVING ACQUISITION FUND ORDINANCE TO PROVIDE FUNDS TO PURCHASE PROPERTIES FOR AFFORDABLE HOUSING (2006-11-06/O-1)

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO APPLY FOR A GRANT FROM THE STATE HISTORIC PRESERVATION FUND IN ORDER TO EXPAND THE NATIONAL HISTORIC REGISTER DISTRICT BOUNDARY (2006-11-06/R-5)

a. Council Goals Quarterly Report.

b. Orange Water and Sewer Authority Quarterly Report.

c. Orange Community Housing Land Trust Quarterly Report.

d. Response to Petition regarding Bicycle Commuter Access to Research Triangle Park.

e. Follow-up Report on Merritt’s Pasture Maintenance.

f. Update on 2006 International Council of Local Environmental Initiatives North American Congress (Council Member Jim Ward).
Main Discussion

Council Member Greene requested additional information on Item 5e. Mayor Foy asked for additional information on Item 5d, and Council Member Ward requested additional information on Item 5b. Mayor Foy, with Council consent, deferred the items to the November 20, 2006 meeting.

Council Member Ward said the Council needed to move forward on these sustainable efforts. He said he had made a presentation at this conference with Long Range Planner Frost Rollins. He said the conference addressed the 2030 challenge of decreased fossil fuel use, and of all buildings being carbon free by that year, and existing buildings being renovated to use half the carbon fuel they currently use.

Council Member Ward explained strategies in Medford, MA and Santa Monica, CA. He said for us it is a lot of new ground but it is comforting that we don’t have to do things for the first time. He said these cities have examples to guide us, and guide sustainable growth. He said this effort goes beyond Carolina North and gives Chapel Hill the opportunity to be at the front of this effort.

Mayor Foy thanked Council Member Ward for representing Chapel Hill.

Traffic Engineer Kumar Neppalli said staff recommends that the item be referred back to staff for a report at the December 4, 2006 meeting. He said the Fordham Blvd. Work Group had come up with many recommendations for improved bicycle and pedestrian safety.

Charlie Dickey, NC Highway Safety Research Center, gave an overview of the work group for Fordham Blvd. He said its formation was prompted by three pedestrian/bicycle deaths in January 2006.  He listed the names of the group members, and outlined the Work Group’s study methodology. He said the group had met eight times, conducted site visits on behaviors and conditions, reviewed safety literature and guidelines, and compiled a final report.

Mr. Dickey said that Fordham Blvd. was a formidable barrier that has on its west side the UNC Campus and its many buildings and facilities, UNC hospitals, downtown Chapel Hill and its businesses, churches, etc. and on its east side the Botanical Gardens, student practice fields, Finley Golf Course, Ronald McDonald House, a number of neighborhoods, and the soon to be Family Center of UNC.

Mr. Dickey said that Fordham Blvd., or US 15-501, connects Durham and Chatham County. He said the road has only two lanes both north and southbound, with left turn lanes at intersections. He added that the daily volume was 50,000 to 60,000 vehicles.

Mr. Dickey also outlined problems on Fordham Blvd. at the intersections of Manning Drive and Old Mason Farm Road. He said the major safety problems and issues in the study area included Fordham being a high speed, high volume arterial road. There are wide street crossings on Fordham, vertical and horizontal curves, no walkways, crosswalks, pedestrian signals or nighttime lighting, regular traffic back-ups, and difficulty of both pedestrians and bicyclists to cross the street, Mr. Dickey said.

Mr. Dickey said the group used the following as a guide to safety: AASHTO: guide for the Planning, Design and Operations of Pedestrian Facilities; FHWA: Manual on Uniform Traffic Control Devices; ITE: Design and Safety of Pedestrian Facilities; PEDSAFE Guide for FHWA; NCHRP: Report 500 - A Guide for Reducing Collisions Involving Pedestrians; and pedestrian treatment experiences and successes from state and local agencies.

Mr. Dickey said sidewalks and crossings make it safer for pedestrians, and the work group recommended raised median islands and wide street wells, illumination, crosswalk and pedestrian signals, pedestrian countdowns, properly designed and located transit stops, over and underpasses, education, and enforcement to improve pedestrian and bicycle safety.

Dr. Joe Hummer said the work group had agreed on the following six main recommendations: illumination at the Manning and Old Mason Farm intersections; police control at Manning after Smith Center events; push-button countdown pedestrian signals and marked crosswalks at Manning and Old Mason Farm; stop ahead when flashing beacons on Fordham approaching Manning; sidewalks or shared-use paths on both sides of Fordham; and pedestrian and bike overpass or underpass across Fordham. He said the case for the over or underpass was the intersection’s unique location, that bisects the Town. He said it would also connect the Town and main campus to the Triangle path network. Dr. Hummer said it would also highlight the Town’s emphasis on walking and biking, and its efforts to reduce carbon emission. He said there had also been recent and local precedent for over/underpasses, noting a passageway over I-440 at Meredith College.

Dr. Hummer said funding sources would include the Town and several parts of the NC Department of Transportation (NCDOT) budget, and that the Town would need to work with the Metropolitan Planning Organization, NC DOT Division 7, the NCDOT Board member, and the NCDOT headquarters units.

Dr. Hummer said the Town would also need to work with the University. He said UNC’s massive building program has affected pedestrians and bicyclists on Fordham. He added that a better connection across Fordham would also help the University, since much more building is proposed. Dr. Hummer said it was also recommended that this study and the funding of these recommendations be made stipulations to the approval of UNC Modification 3.

He said funding of the over/underpass was a separate item. He said it was recommended that a permanent committee be formed to look at the bicycle and pedestrian issues in the area, that would include all relevant plans, plan a path network, seek funding from non-traditional sources, and link it to the future widening of Fordham Blvd.

Work Group member Nancy Tripoli said she did an internet search to figure out where other University’s had met such problems and how they had solved it. She said traffic would only get worse, with increased University and Chatham County development. She presented slides demonstrating designs for bridges at various university locations. She said if the University and Town could get behind this idea and solicit input from creative design and funding resources a bridge across Fordham could become a reality.

Work Group member Loren Hintz said the safety recommendations could be applied to many intersections around Town. He said the Group had done a lot of hard work and he hoped the Council would implement the recommendations. 

Work Group member Betsey Malpass said the over/underpass was desperately needed. She asked the Council not to wait for DOT to do something, but to work together to make this happen.

Council Member Harrison said he was pleased to see the study wrapped up. He said that there were numerous intersections on major roads in Town where relatively simple improvements could make walking and bicycling much safer, and he hoped that the Town could get more systematic about getting those done.  Two big at-grade roads, Fordham and Martin Luther King, Jr., Boulevards, offered many challenges to bus and bike commuters, he said, and he was glad to see progress started on meeting them. He thanked the group for its work.

Council Member Ward said the report was great. He said he served as a member of the Work Group representing the Botanical Gardens. He said the recommendations were not a wish list but a reasonable request for improvements that are affordable. He also asked that the bridge not be ignored.

Council Member Greene thanked the committee for its study. She said she supported Council Member Ward’s statement. She said they should think seriously about the bridge and make it happen.

Council Member Ward thanked Council Member Greene, noting that the formation of the committee had been her idea. 

Council Member Mark Kleinschmidt MOVED, SECONDED BY Mayor pro tem Bill Strom, TO Adopt R-6   THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION REFERRING THE FORDHAM BOULEVARD WORK GROUP REPORT AND RECOMMENDATIONS TO THE TOWN STAFF (2006-11-06/R-6)

Mr. Poveromo said the UNC Semi-Annual Report outlines the University’s development plans, and reviews development underway and future development.

Bruce Runberg, Associate Vice Chancellor for Facilities Planning and Construction, said the University would be returning to the Council later in the month with an application to modify Development Plan Number 3. He said they soon would be coming before the Planning Board for their recommendation. He said they had been before all other advisory boards and had held meetings with neighbors in the perimeter transition area. Mr. Runberg noted that UNC was also concerned with sustainability and that 11 of the 14 architects and engineers in the facilities planning group had received their LEED accreditation.

Mr. Runberg then outlined the University’s capital program noting recent contract awards and recent project completions.

Anna Wu, Facilities Planning Director and Architect, briefed the Council on the Daniels Student Stores renovation, the Love House renvovation, the Campus Y renovations, the Northeast Chiller Plant and parking deck, the repaving of the south building area. She walked the Council through the Campus Utility Master Plan, including the underground electrical duct bank.

Mayor Foy asked if the University had coordinated the construction with other utilities. Ms. Wu said they had coordinated with other utilities and she added that they had worked with the planning and engineering departments concerning traffic control.

Council Member Easthom expressed concern for residents and use of their driveways. Ms. Wu said the contractors would notify residents by hang tag of the status of the project. She said trenching would be done during established work hours that residents would have access to their driveways in the morning and evening.

Council Member Ward asked how much pavement would be removed. Ms. Wu said it would be a six-foot trench, except in vault locations.

Council Member Ward said he hoped that at least the cemetery side of the chiller plant would be planted between now and spring. Ms. Wu said that was the planned schedule.

Mr. Runberg said those improvements would be made in late fall and early spring.

Council Member Ward thanked the University for the multi-purpose bath at the women’s softball facility.

Council Member Hill commented about the low cost of the electrical duct bank construction.

Council Member Thorpe asked if the traffic light at McCauley would be moved. Ms. Woo said the signal would remain.

Mr. Bonk said staff was in the beginning of the process to revise socio-economic forecasts for the year 2035. He said the memorandum outlining the process included a summary of what has been done, and sets the date for a public forum for November 20, and refers the items to advisory boards for review and comment, with the Council taking action on December 4.

Mayor pro tem Bill Strom MOVED, SECONDED BY Council Member Cam Hill, TO Adopt R-7   THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION CALLING A PUBLIC FORUM AND REFERRING THE DRAFT 2035 SOCIO-ECONOMIC FORECASTS TO ADVISORY BOARDS FOR COMMENT (2006-11-06/R-7)

Phil Mason, Principal Planner, said staff recommended approval of Resolution A. He said the key issue raised at the October 4 public hearing was the right-in and right-out driveway on East Franklin Street. He said staff conducted an assessment and continued to recommend that the right-in, right-out driveway remain.

George Retschle, with Ballantine Associates, said the applicant had taken into consideration the issues presented at the October 4 public hearing, and revised the application. He said the invasive species issue was addressed, and that the request by Council Member Easthom to increase planting in the parking lot had also been revised.

Mr. Retschle said additional bike parking racks and green space had been included. He said they had also made a 12 percent reduction in the impervious surface.

Council Member Kleinschmidt asked why the distance separation of the driveway from the intersection did not meet the Town’s design standard of 250 feet. Mr. Neppalli said the driveway was built before the design standards were established. Mr. Neppalli said the right-in, right-out driveway moved traffic quicker. Council Member Kleinschmidt asked why the Town’s design standards were more restrictive than the state’s. Mr. Neppalli said that it was not uncommon for municipal standards to be more restrictive than the state’s.

Council Member Greene asked if the right-out only option had been considered. Mr. Neppalli said it had been discussed with DOT, because Franklin Street is a state road. He said that if the right turn into the site was eliminated, then it would be a left turn into the site, traffic would have to yield, and the right-in and right-out moved traffic quicker. He said the safest option was to close the entrance, and the right-in, right-out was the second option. He said if Council wanted to close the entrance, then staff would support the action.

Mayor pro tem Bill Strom MOVED, SECONDED BY Council Member Jim Ward, TO Close THE Public hearing   THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

MAYOR PRO TEM BILL STROM MOVED, SECONDED BY COUNCIL MEMBER JIM WARD, TO ADOPT R-8A.

Council Member Kleinschmidt asked Mr. Retschel if they would look at a right-out only option. Lee Ann Brown, counsel for the property owner, said they had looked at the right-out only, and looked closely at the traffic impact analysis, and heard the testimony of the traffic engineer. She said there was no reason to expect that a right-in and right-out would create a problem. She said the experts seem to believe it will work and she requested that it remain. Ms. Brown said they believed issues with the right-in and right-out were outweighed by traffic positives.

Council Member Mark Kleinschmidt MOVED, SECONDED BY Council Member Sally Greene, TO Substitute the motion to make the driveway right-out only onto Franklin Street   THE MOTION failed by a vote of 3-6, with Council Member Sally Greene, Council Member Mark Kleinschmidt, and Council Member Bill Thorpe voting aye and with Mayor Kevin Foy, Mayor pro tem Bill Strom, Council Member Laurin Easthom, Council Member Ed Harrison, Council Member Cam Hill, and Council Member Jim Ward voting nay..

Mayor Foy asked for a vote on the original motion currently on the floor for R-8a moved by Mayor pro tem Strom and seconded by Council Member Ward.

THE MOTION WAS ADOPTED BY A VOTE OF 6-3, WITH MAYOR KEVIN FOY, MAYOR PRO TEM BILL STROM, COUNCIL MEMBER LAURIN EASTHOM, COUNCIL MEMBER ED HARRISON, COUNCIL MEMBER CAM HILL, AND COUNCIL MEMBER JIM WARD VOTING AYE AND WITH COUNCIL MEMBER SALLY GREENE, COUNCIL MEMBER MARK KLEINSCHMIDT, AND COUNCIL MEMBER BILL THORPE VOTING NAY.

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR STARBUCKS AT EASTGATE SHOPPING CENTER (2006-11-06/R-8a)

Mr. Poveromo said this request had become less confusing with a petition presented to the Council by the applicant. He said the applicant was proposing stormwater treatment on site. He said approval of Resolution A would approve the subdivision with stormwater treatment on site. He said staff recommended approval of Resolution A.

Mr. Mackowiak said he was supportive of Resolution A.

Mayor pro tem Bill Strom MOVED, SECONDED BY Council Member Cam Hill, TO Close THE Public hearing   THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Council Member Cam Hill MOVED, SECONDED BY Mayor pro tem Bill Strom, TO Adopt R-9a, as amended by Council Member Ward. He requested that Item #14, regarding signage be amended by adding the words "and maintain"   THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION APPROVING AN APPLICATION FOR A PRELIMINARY PLAT FOR AQUABELLA SUBDIVISION (File No. 7.54B.D.4A, PIN 9798-67-1484) (2006-11-06/R-9a)

Mr. Stancil said Resolution B had been revised to include coordination of input through a concurrent approach. He said staff would proceed, with assistance by RSJ Associates, the consultants, and they would work with the University and the League of Municipalities to coordinate input for the wireless initiative. He said RSJ Associates would also increase public input opportunities. He said the group would report back to the Council on a wireless network in February 2007.

Brian Russell, representing Orange Networking, said the organization would like to see non-profits and citizen groups included in this process. He said this was important because those involved with information technology need to understand the needs of citizens.

Janet Smith, owner of a consulting telecommunication firm located on Rosemary Street, said she saw the technical assessment and the wireless initiative as two separate issues. She proposed that she and other consultants, with strong backgrounds in municipal, state and county government, do this assessment for the Town and do it pro bono. She said they could have it ready for the Council in March 2007.

Council Member Thorpe moved Resolution B and the ordinance, seconded by Council Member Hill.

Council Member Easthom said she wanted to address Resolution B and add to it or have a discussion of the possibilities to continue the exploration of wireless that she had introduced in the spring. 

Council Member Harrison said he wanted community interest to be fleshed out. 

Council Member Kleinschmidt said he wanted to know what the process looked like and how the community’s interest would be engaged.

Mr. Stancil said representatives from the School of Government, and the University, assisted by the League of Municipalities would work with staff to form a group to work on the wireless initiative. He said the group would include entities that had been suggested, and the group would take the ideas presented at the spring forum on wireless, and present an action plan to the Council.

Mr. Stancil used Winston-Salem’s wireless experience as an example. He said that city put together a group representing a broad range of interests. He said that group actually put out the Request for Proposal, the steps that needed to be taken, who would manage it, and what it would cost. He said that this type of group would provide the Council with the steps it needed to take. He added that it would be an open process.

Mayor Foy said Council could consider taking Council Member Easthom’s resolution and supplementing it with the resolution brought forward by Mr. Stancil. He said if desired Council could bring that back at the next meeting. 

Mayor pro tem Strom said he believed they should pass Resolution B, and he was not sure that all of the entities mentioned in Council Member Easthom’s resolution should be on the list.

Council Member Easthom said a few groups in Chapel Hill had expressed interest in doing this assessment. She said she believed the assessment should be done by a local group because they have the experience to do the work. She said she would vote on the resolution with hesitation, noting that she believed projects like this should be put out for bid and there should be a defined time frame and scope of work.

Council Member Hill said he was supportive of buying local and for the lowest price possible, however, he said he believed RSJ Associates was experienced in this field and knew how to get the work done. He said he supported the Manager’s contract and the process.

Council Member Bill Thorpe MOVED, SECONDED BY Council Member Sally Greene, TO Adopt R-10a, R-10b as amended, and enact O-2   THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO ENTER INTO A CONTRACT FOR TECHNOLOGY NEEDS ASSESSMENT SERVICES WITH RHJ ASSOCIATES, INC. (2006-11-06/R-10a)

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO ENTER INTO DISCUSSIONS WITH LOCAL ORGANIZATIONS REGARDING THE FEASIBILITY OF A CHAPEL HILL WIRELESS NETWORK (2006-11-06/R-10b)

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2006” (2006-11-06/O-2)

a. Bicycle and Pedestrian Advisory Board.

The Council inadvertently voted for two applicants, but appointed the applicant with the most votes in the Town category. Council appointed Tabitha Combs and Linda Gaines to the Bicycle and Pedestrian Advisory Board.

Bicycle and Pedestrian Advisory Board Master Ballot

b. Chapel Hill Public Arts Commission.

The Council appointed Scott Radway and Frank Webb to the Chapel Hill Public Arts Commission.

Chapel Hill Public Arts Commission Master Ballot

c. National League of Cities Conference Delegate (R-11).

Mayor pro tem Strom moved to appoint Council Member Thorpe as the delegate for the National League of Cities conference.

Mayor pro tem Bill Strom MOVED, SECONDED BY Council Member Cam Hill, TO Adopt R-11, as amended   THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION DESIGNATING A DELEGATE AND ALTERNATE DELEGATE TO THE NATIONAL LEAGUE OF CITIES’ 2006 CONGRESS OF CITIES ANNUAL MEETING (2006-11-06/R-11)

a. By the Mayor and Council Members.

1. Possible Improvements to the Property Designated as Little Creek Park. (Mayor Foy)

Mayor pro tem Strom moved to receive and refer the petition to the Parks and Recreation staff, seconded by Council Member Ward. The vote was unanimous.

Mayor pro tem Bill Strom MOVED, SECONDED BY Jim Ward, TO  Receive and Refer to the Manager and Parks and Recreation Commission  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Mayor pro tem Strom said Council had received an email from Dell Snow regarding Chapel Hill North and development at the intersection of Weaver Dairy Road and Martin Luther King Jr. Blvd. He said there was a long list of projects, some in the approval process and some that had not come to Council yet. He said he wanted the email to be taken as a petition and have staff recommend how best to proceed.

Mayor pro tem Strom said that intersection has significant pedestrian issues and it will become more and more the entrance to the Town. He said that the area has not even seen the Town Operations Center traffic yet, and he said the Council needed to have a conversation about steps to address the impacts and to start a process.

Council Member Harrison said he would like to see a status report on the projects.

Mayor Foy said he believed it needed to be an agenda item so Council could give staff some guidance as to what it expects. He said it could be put on the agenda for the next or following meeting. Mayor pro tem Strom said he believed it should be at the next meeting. He said staff would not have to do a lot of work, but did need guidance from the Council.

b. By the Manager and Attorney.

Council Member Mark Kleinschmidt MOVED, SECONDED BY 0, TO Enter Into Closed Session as authorized by NC General Statute section 143-318.11(a)(6) to consider matters related to the Downtown Economic Development Initiative Parking Lot 5.   THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).