a.	State of the Town Address.

Mayor Foy announced that Council Member Ward would be about 30 minutes late. 

Mayor Foy reviewed the Town’s accomplishments over the past year and discussed the difficult process of hiring a town manager.  He explained that the hiring had been done in a public manner and in a way that was not disruptive to Town services.  Mayor Foy said that Town Manager Roger Stancil had been hired because of his experience, competency and his ability to integrate well into the Town’s culture of open and responsive government while also bringing an innovative attitude.

Mayor Foy explained that the Town had begun an undergraduate internship program at the suggestion of Council Member Thorpe.  The program had been successful and the Town had employed 10 interns in the fall of 2006, he said.  Mayor Foy said there would be more interns working for Town departments in the spring.

Mayor Foy discussed the downtown area, noting that the Public Works Department had purchased a gum removal machine and that a full-time grounds-keeper had been hired for that area.  He said that a Downtown Parking Citizens Committee had  been formed at Council Member Hill’s request, and he noted that the Council was continuing its work on redeveloping Parking Lot 5.  Mayor Foy said the Town had increased safety by adding police offices to the downtown district. 

Mayor Foy addressed safety issues within Town and said that police substations had been opened on Sykes Street and in University Square.  The Town had also re-evaluated its festival and events to make sure they were safe for residents, he said, noting that they had canceled Apple Chill due to concerns about safety.  He said Council Member Greene had requested that a Fordham Boulevard Safety Work Group be formed to research traffic safety issues along the 15-501 corridor near Mason Farm Road and Manning Drive.  That group had finished its work and the Council had adopted its recommendations, he said.  Mayor Foy mentioned the addition of crosswalks and other pedestrian safety devices throughout the Town.

Mayor Foy announced that the Town’s Fire Department had acquired a 100-foot ladder truck.  The Fire Department had also received a SAFER grant from the US Department of Homeland Security, he said, adding that this would help fund 12 new firefighter positions.  Mayor Foy said the Department had held a firefighter academy for the first time since 1993, noting that this would increase the quality and diversity of graduates.

Mayor Foy announced that the Town Operations Center was near completion and would house the Town’s Public Works, Transportation, and Housing Maintenance Departments.  The moving process had begun and would be completed by late spring, he said.

Mayor Foy said the Community Center was undergoing major renovation.  New equipment and systems would make the facility more comfortable for the public, he said, and air conditioning would be installed in the gymnasium.

Mayor Foy explained that 2006 had been the biggest year in the Town’s history for sidewalk construction.   The Aquatics Center’s groundbreaking had been held that day, he said, adding that the facility would include two pools--one for lap swimmers and competitive teams and another for recreation.

Mayor Foy said that expansion of the Public Library was moving ahead and that an architect has been selected.  

Mayor Foy stressed that public art was an important aspect of the Town’s capital projects.  The Town Operations Center would have two pieces of public art and the Public Arts Commission had placed artists in local school classrooms this year as a part of the "Artist in Residence Program," he said.

Mayor Foy explained that the Town had also worked with the University through the leadership Advisory Committee to shape principles that will guide the development of the Carolina North property.  There is an ongoing engagement with the University regarding main campus developments under the O&I-4 zone, he said, adding that the Town continues to work with UNC as a partner in many areas, including Chapel Hill Transit.

Mayor Foy said that the Transportation Department had ordered 16 low floor buses to modernize its fleet.  They had also installed the NextBus system, he said, explaining that this will allow Internet users to track buses.

Mayor Foy said that the Town had continued to push for smart growth.  Developers had come to the Council with proposals that consider environmental impact and affordable housing, he said, noting that these are two long-time Council goals.  Mayor Foy said that the affordable housing requirement had been successful and was a model for other communities.  He noted that the Housing Department had finished renovating Airport Gardens.

Mayor Foy pointed out that there had been no tax increase this year and that the Town had a AAA bond rating, which will allow a lower interest rate when borrowing.

Jim Ward arrived at 7:20 pm

Council Member Thorpe thanked Mayor Foy for an excellent state of the Town address.

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

1.	Ram Development Co. regarding Request for Expedited Review for Downtown Economic Development Initiative.

Council Member Cam Hill MOVED, SECONDED BY Council Member Mark Kleinschmidt, TO Receive and Refer 3a(1).  THE MOTION WAS ADOPTED by a vote of 8-1, with Mayor Kevin Foy, Mayor pro tem Bill Strom, Council Member Laurin Easthom, Council Member Sally Greene, Council Member Cam Hill, Council Member Ed Harrison, Council Member Mark Kleinschmidt, and Council Member Bill Thorpe voting aye and with  Council Member Jim Ward voting nay.

2.	UE Local 150 regarding Workplace Issues.

Stan Norwood, a Town transit employee who is president of UE Local 150, spoke about workplace issues in the Transportation Department.  He said that UE Local 150 works for safety in the workplace and respectful and fair treatment of all Town employees.   

Mr. Norwood said that in May 2005, UE Local 150 had established a process called Meet and Confer, which all agreed would be a positive step toward resolving issues and problems in the workplace.  He said that progress had been made, but there were remaining issues, such as bus maintenance.  Mr. Norwood explained that the Union wanted the Meet and Confer process to be open to all Town departments.  They also want Union representatives to have the right to meet with workers and members in non-work areas during non-work times, he said.  Mr. Norwood reported that Town management had refused to allow Union representatives to meet with workers during the week on Town premises, except when meetings had been scheduled in the Town sanitation room.  He characterized this as unfair and inconvenient for members, who had been meeting in the backroom and in the parking lot since 2004 with no problems until management intervened.   

Mr. Norwood proposed changes to the grievance procedure and grievance policy.  These would include: recognition of union stewards by management; employees having the right to choose a Union steward to be present during disciplinary meetings, especially any disciplinary meeting that might lead to suspension or dismissal; Union representatives being present at Step 3 of the procedure; freedom to post Union literature on bulletin boards in every Town department; Presentation of union at new hire orientation by union members in all departments, and; timely responses to information requests from Town administrators.

Mayor Foy recommended asking the staff to report on what administration has been doing and what their recommendations were on how to proceed.  He asked for information on why the Meet & Confer sessions had ended and why they would not be continued.  Mayor Foy ascertained from Mr. Stancil that this information should be back to the Council by the first or second week in February.  

Council Member Cam Hill MOVED, SECONDED BY Council Member Mark Kleinschmidt, TO Receive and Refer 3a(2).  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Council Member Jim Ward MOVED, SECONDED BY Mayor pro tem Bill Strom, TO Adopt R-1 as amended with item #4k removed.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES (2007-01-22/R-1)

A RESOLUTION NOMINATING APPLICANTS TO VARIOUS BOARDS AND COMMITTEES (2007-01-22/R-2 )

A RESOLUTION REGARDING THE PROCESS FOR CONSIDERING APPOINTMENTS TO TOWN ADVISORY BOARDS AND COMMISSIONS (2007-01-22/R-3)

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE A CONTRACT FOR THE PURCHASE AND DELIVERY OF TRANSIT BUSES (2007-01-22/R-4)

A RESOLUTION AUTHORIZING DEDICATION TO OWASA OF A SEWER EASEMENT ON LAND OWNED BY THE TOWN OF CHAPEL HILL (2007-01-22/R-5)

A RESOLUTION ACCEPTING AND REFERRING THREE CONCEPT PLAN REVIEWS (2007-01-22/R-7)

A RESOLUTION AUTHORIZING THE MANAGER TO PROVIDE STAFF SUPPORT FOR THE CREATION OF CHAPEL HILL YOUTH COUNCIL AND A TEMPORARY YOUTH COUNCIL STEERING COMMITTEE (2007-01-22/R-9)

AN ORDINANCE AMENDING THE POSITION CLASSIFICATION AND PAY PLAN FOR EMPLOYEES OF THE TOWN OF CHAPEL HILL, SUCH AMENDMENT TO BE EFFECTIVE JANUARY 22, 2007 (2007-01-22/O-1)

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO ENTER INTO A CONTRACT WITH JANET ECHELMAN FOR PUBLIC ART AT THE TOWN’S CHAPEL HILL PUBLIC LIBRARY AND PRITCHARD PARK PROJECTS  (2007-01-22/R-6)

Council Member Jim Ward MOVED, SECONDED BY Mayor pro tem Bill Strom, TO Approve R-8a .  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ENDORSING TOWN MANAGER DETERMINATION OF A MINOR CHANGE TO THE CEDARS OF CHAPEL HILL SPECIAL USE PERMIT, SUBSTITUTING ALTERNATIVE DWELLING UNIT LANGUAGE FOR THE EXISTING DWELLING UNIT STIPULATION (2007-01-22/R-8a)

All information reports were accepted as provided.

Mac Clarke, OWASA board chair, said the board had endorsed three parameters for defining odor elimination:  1) There should not be more than three verified odor events per year.  2) Hydrogen sulfate level should be 0.0. parts per million.  3) D/T ratio (a measure of how much a sample needs to be diluted to become non-detectable) should be five or less.

Mr. Clarke emphasized that this was a work in progress, and noted that OWASA still needed to define what constitutes a verified odor event.  OWASA also needed to review and examine the placement and number of hydrogen sulfate detectors, he said, since more than three might be necessary. 

Mr. Clarke said that OWASA would provide a report on April 30 and that the new headworks facility would be completed and in service by July 31.  He pointed out that the headworks currently in use were a major source of odor and said that the board was hopeful that this item alone would significantly improve conditions.  By December 31, current approved installations would be complete and OWASA expects further improvements in odor on the site, Mr. Clarke explained.  He said OWASA would provide regular reports to the Council and would continue communicating with its neighbors.  Mr. Clarke emphasized that this was a work in progress and that it would take further efforts by OWASA and neighbors to arrive at a satisfactory resolution.

Gary Richmond, a Highland Woods resident speaking for himself and several neighbors, said that since December OWASA had responded in a very productive and gratifying way.  The board had accomplished a great deal, he said, and they had reaffirmed their commitment to eliminating odor.  Mr. Richmond said there were some good measures for deciding how to do that and that all could benefit by the experiences of other wastewater treatment plants. 

Mr. Richmond said that the real measures would come when most of the current construction was done later in the year and in the summer months when there is the most potential for a negative odor experience.  He emphasized that this will always be an open issue.  The goal is to measure whether or not OWASA has met the goal of eliminating odor, Mr. Richmond said.  He thanked the OWASA board and staff and said he hoped the Council would ask the neighbors to return.  Mr. Richmond said that quarterly reports from OWASA would be useful.   

Mayor Foy pointed out that the OWASA board was composed of citizens who donate their time and expertise.  He thanked Mr. Clarke for graciously volunteering.

Council Member Ward also expressed thanks to the OWASA board and staff for performing this work in good faith.  He said that the Highland Woods neighborhood had been extremely well-represented by Mr. Richmond and others.  Council Member Ward remarked that all had taken a big step forward in the last month or so, and he agreed that it was helpful to have a deadline in place for moving forward.  Council Member Ward said that the entire community should express thanks to those who live near this facility for carrying the burden for everyone.  

Mayor Foy verified with Mr. Clarke that April 30 would be a good date for a follow-up report to the Council.

Mr. Bonk explained that this item was a response to a citizen"s petition regarding potential impacts of ongoing development in the north and northwest quadrants of Town.   In response to the Council’s concerns, he said, the Town Manager had begun organizing a staff committee to look at the potential impacts of higher density development.  The committee would report back to the Council in May 2007, said Mr. Bonk. 

Mr. Bonk noted suggestions for a small area plan or a Council work session.  He pointed out that the next item on tonight’s agenda would be a review of the 2005 Mobility Report Card, which is an evaluation of the status of transportation factors in areas around Town, including the northwest and north quadrants.  Mr. Bonk noted that the results of that analysis showed the 24-hour traffic volume at essentially the same level as it was in 2001. 

Del Snow, representing CURB (Citizens United for Responsible Development), noted that the Comprehensive Plan, which had been cited a number of times in the staff response, was in the process of being updated.  She said CURB had submitted a number of questions about the ramifications of intense development.  Ms. Snow noted there would be 28 projects in various stages of completion and asked about the impact of that on the economics, service sectors, and quality of life in northwest Chapel Hill.  

Ms. Snow expressed appreciation to the staff for the tremendous amount of  work they were doing in attempting to solve this problem.  However, she said, having many separate committees working on this issue misses the point of having a comprehensive overview of the area.  Ms. Snow gave several reasons why a comprehensive overview, such as a small area plan, was important.  She said the Town had prepared a small area plan for the northwest area of Town in 1995.  That had never been adopted, she pointed out, and she said that the time had come to do so. 

Michael Collins, representing Neighborhoods for Responsible Growth (NRG), agreed with CURB’s concerns about the large number of developments being proposed within four square miles.  He said that NRG was concerned about the cumulative impact of this on the quality of life throughout Chapel Hill.  Mr. Collins said the area already had been in violation of federal air quality standards several times.  Developments sited close to I-40 would increase health risks and noise hazards for residents, he said.  Mr. Collins asked how the Town would provide essential services in the context of such increased demand.   Weaver Dairy Road was poised to be dangerous for pedestrians, bikers, and vehicle drivers, both during and after construction, he said.  Mr. Collins urged the Council to establish a small area plan that would help mitigate the these impacts. 

Don Sweezy, a Timberlyne resident, endorsed what the previous two speakers had said.  He said that higher density was not a problem, but managing it was.  Mr. Sweezy said he and his neighbors wanted to know what the area was going to become and whether or not the Town had a coherent picture of that.  He said the staff report had not reflected that.  The list of projects underway were independent projects and a coordinated approach was needed, Mr. Sweezy said.  He said the Town needed to coordinate efforts, especially those that already were underway. 

Mr. Sweezy pointed out that the first three words on Attachment 2 were "small area plan," and it says that a primary objective of a small area plan should be to reach a broad spectrum of the community and foster a dialog among persons with divergent interests. Mr. Sweezy said that NRG did not see citizens’ voices in the current planning for that area, and he repeated his request that the Council support a small area plan.

Scott Radway, a Westminster Drive resident, said that, as someone who lives in the area, he feels sympathy with the issues.  As a former member of the Small Area Planning Committee and the Planning Board, he said, he continues to support planning rather than reaction as the mode of operation for Chapel Hill.  Mr. Radway presented a table which he believed more clearly identified the status of projects.  He noted that most development under construction was in Carrboro, and the significant majority of other possible developments were in the discussion or concept plan phases.  Mr. Radway encouraged the Council to make sure that some of the applications that have been in process for a number of years get a fair hearing.  He asked that those on the horizon get a fair hearing as well, but within the process of doing a neighborhood plan for the northwest area.

David Ravin, with Crossland Properties, asked for sensitivity to those projects that have been reviewed by staff but were several years down the road, as compared to those that are at the concept stage and have not yet begun the process.  He said projects that are underway represent hundreds of thousands of dollars of investment and countless man hours.   

Gary Buck said that the Northwest Area Plan that was adopted in 2000 had been studied for years and that area traffic had been studied for years and is in the design that the Council approved.  He noted that it takes years to get project approval and that all of the proposed projects would not be built at the same time if built at all.  Mr. Buck asked the Council to confirm the adoption of the 2000 Northwest Small Area Plan, the new LUMO, the numerous traffic studies and designs, and explain that it takes years to get a project through the Town.  He said that everything was in place and there was no need for another layer that would just bog the system down.

John Morris, a property owner on Eubanks Road and a 35-year resident of Chapel Hill, said there were a number of needs in the northwest side of Town and a great opportunity for community growth.  He urged the Council not to consider a small area plan but to continue being good decision-makers based on the Comprehensive Land Use Plan.  

Mayor Foy noted that the Comprehensive Plan was seven years old and that it makes certain assumptions that the Council already knows it needs to revisit and think about.  He said it made sense to him for the Council to better understand what was going on in the northwest quadrant of Town, to review the zoning and planning, and then decide what to do.  Mayor Foy said that small area plans, in the past, had taken years to develop.  He preferred to get a coordinated overview in a work session and then make an informed decision about what to do next, he said.  Mayor Foy suggested that the Council ask the staff to bring back a review of the zoning, a list of what is in the concept stage or on the path to reality, and a coordinated overview that provides details.

Mayor pro tem Strom agreed.  He moved that a Council work session be scheduled within the next month. 

Council Member Easthom defined a small area plan as a detailed plan that focuses on a particular location, setting out to address the specific needs of that location.  She said that small area plans are intended to provide a vision and guidelines for the future development of the subject area.  Council Member Easthom wondered how they could, in a work session, provide a vision and guidelines for the future development of the area.  She said that the Council needed to have a work session to talk about it. 

Council Member Easthom noted that the Comprehensive Plan defines the northwest quadrant as the largest concentration of undeveloped land not owned by UNC that is "highly susceptible to change. "  She said it needed to be studied carefully and given a unified vision for future development, as the Town was doing with the Rogers Road and Downtown areas.  Council Member Easthom pointed out that this is one of the major entrance-ways to Chapel Hill.  She mentioned a traffic report stating that the level of service at the intersection of Martin Luther King Jr. Blvd. and Weaver Dairy Road had changed from level C to Level E, between 2001 and 2005.   

Mayor Foy clarified that the Council should have a work session first, rather than merely launching a small area plan committee, which would mean one to two years of discussion.  He said that would not be a fair response because there is a lot of converging pressure and it is the Council’s responsibility to figure out a better response than just setting up a committee. 

Council Member Easthom asked that the Council be very solution minded when discussing this in a work session. 

Mr. Stancil asked for about six weeks to put information together for the work session.
 
Ms. Snow offered her services and those of her neighbors, whom she described as talented people who were knowledgeable and willing to work.

Mr. Bonk introduced Michael Hallock Soloman, of LSA Associates, Inc., who summarized the results of the 2005 Mobility Report Card. 

Mayor Foy asked about the specific meaning of vehicular activity.  Mr. Solomon explained that it was a measurement of daily traffic counts from NCDOT.

Council Member Harrison noted that there were several locations where there had been major drops in traffic between 2001 and 2005, but the DOT counts show very small drops.  Mr. Solomon replied that most of the 2005 counts had been provided by DOT, but there had been a few locations where counts were not available.  Council Member Harrison said that where the figures differed he thought the DOT counts were correct.  Some of the other counts did not match the reality that one can observe, he said. 

Mayor Foy clarified that Council Member Harrison was talking about absolute numbers, not percentages.  He said volume numbers did not match DOT numbers. Mayor Foy asked Mr. Solomon how he had obtained the data from DOT.  Mr. Solomon replied that numbers had been provided by the Town’s Transportation Department. 

Mr. Bonk said that the Town relies on DOT for the 24-hour counts, which the DOT had been reluctant to give them for various reasons.  The Town was finally able to get the numbers for this report, Mr. Bonk said, adding that the fact that there were revised counts did not surprise him.  That meant that DOT had continued its error checking and corrections and the numbers had changed, he said.  Mr. Bonk explained that they could go back and insert the most current numbers where appropriate.

Mayor pro tem Strom said that he had previously questioned some of UNC’s traffic counts, particularly with regard to South Road and the central campus area.  He asked if those numbers had been updated.

Mr. Bonk replied that he did not know, noting that count numbers can vary.  He pointed out that they’d had some trepidation when presenting the 2003 numbers because of various construction projects in the area.  

Mr. Bonk noted that the purpose of this report was to get a general understanding of what is going on in the Town.  Mr. Solomon added that it was like a snapshot of the Town as a whole.  

Mr. Solomon continued his presentation, stating that based on this data the vast majority of roadway segments were at about the same level of congestion as they were in 2003.   

Mayor Foy discussed, regarding estimated daily users of corridor segment by mode (page 85), which groups of people would be counted as a pedestrians. 

Council Member Greene asked about the 12-hour pedestrian counts on page 46.  She wondered what the sudden high numbers on Fordham Boulevard represented.  Mr. Solomon replied that those were pedestrians over a 12-hour period.  They could have been crossing the street, since those numbers were for all directions, he said. 

Council Member Greene said that the number of pedestrians at Cleland Road or Kings Mill Road did not seem accurate to her.  Mr. Solomon offered to double check it.  

Council Member Kleinschmidt questioned the report that fewer people walk on the Bolin Creek Trail on Saturday than on other days.  He noted that this was the reverse of 2003, when there were more people on Saturdays.

Mr. Solomon agreed to check the numbers, and Mayor Foy recommended bringing the item back with more detail. 

Council Member Easthom asked about traffic volumes throughout Town being lower in 2005 that in 2003.  She noted that most intersections were not changing significantly in their level of congestion, but that travel time had increased in these corridors. Council Member Easthom asked why that was the case.

Mr. Solomon replied that the numbers all work together but measure different things, and he explained the differences. 

Council Member Harrison disputed information regarding bicycle facilities, stating that the map being presented showed bicycle facilities where they do not yet exist.  

Mr. Bonk explained that the data had come from various sources.  He suggested taking the item back, checking the information from the State and GIS sources, and returning to the Council at a future date. Council Member Harrison recommended looking at two maps that had been developed during Chapel Hill’s bike planning process.

Mr. Bonk introduced this item regarding pedestrian improvements in the Northside neighborhood.  He said that a recent forum had received conflicting comments from citizens regarding North Graham Street.  Mr. Bonk presented three options for the Council’s consideration and explained each of those options.  He pointed out that adoption of the pedestrian plan would not automatically result in construction of any of the recommended facilities, including a sidewalk along North Graham Street.

Mayor Foy Foy clarified that the Council would choose, with the next agenda item, whether or not to fund the Mobility Plan.
 
Delores Bailey, a North Graham Street resident, asked the Council to choose Option 3, and not install sidewalks along that street. She said there were many reasons for not wanting sidewalks, including the difficulty for children playing in front yards, less space for parking, neighborhood walkability, and the fact that the overwhelming majority of residents did not want sidewalks there. Ms. Bailey asked if they should come before the Council collectively as a neighborhood and ask that streets not be put there.  

Mayor Foy said he did not think there was any way the Council would decide to put a sidewalk on North Graham Street, since there was so much neighborhood opposition to it.  He recommended dropping that street from the list. 

Council Member Thorpe suggested voting on it so that people would know that the idea had been put to rest.  He moved Resolution 12, as amended, so that bullet #3 would state: "Do not add sidewalks to North Graham Street."   

Council Member Ward asked which advisory boards had  recommended that sidewalks be added along Graham Street.  Mr. Bonk replied that the Planning Board, Transportation Board and Active Living by Design had done so.

Ms. Bailey said that she was not sure Graham Street had been included when those boards considered the Mobility Plan.

Council Member Ward recalled that when this had been before the Council in the past an equal number of people were for and against sidewalks.  He was not inclined to fund sidewalks at this time, he said, but he thought it should be in the report as a strategy to increase the safety of pedestrians in the community.  Council Member Ward said it was consistent with what the Council had supported in terms of pedestrian safety throughout the community.  

Council Member Ward offered an alternate motion to include sidewalks along North Graham Street, keeping within the footprint of the existing pavement as identified in Option 1.  There was no second.

Council Member Kleinschmidt said he understood the interest in promoting the north/south pedestrian corridor.  He noted, however, that there were conflicting interests and said he wondered why the Town would not take advantage of existing infrastructure on Robeson Street and identify that as the corridor.  Council Member Kleinschmidt also asked if there was a way to indicate a pedestrian corridor without building a sidewalk--through the use of a crosswalk, for example.  

Mr. Bonk replied that doing so would be a variation on Option 1.  With regard to the Robeson Street suggestion, Mr. Bonk replied that people were drawn to walk along North Graham Street despite the Town’s investment in facilities along Robeson Street.  Council Member Kleinschmidt wondered about placing signs that would direct people toward Robeson Street. 

Council Member Thorpe recommended setting up Council committees so that the Council could be more involved with protecting neighborhoods and other issues.

Mayor pro tem Bill Strom MOVED, SECONDED BY Council Member Jim Ward, TO Adopt R-12 as amended.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION APPROVING THE NORTHSIDE PEDESTRIAN MOBILITY PLAN (2007-01-22/R-12)

Mr. Sutherland reviewed the Sidewalk Construction Plan for 2006-2007, noting that there was approximately $720,000 in Streets & Sidewalks Bond funds and a possible $50,000 to $100,000 in Community Development funds available for sidewalk construction in the Northside neighborhood.  He said the estimated cost for the Plan was from $553,000 to $812,000.   Mr. Sutherland provided a list of recommended projects, and pointed out that North Graham Street would be eliminated from the list due to the Council’s decision on the previous agenda item.  Mr. Sutherland displayed a list of projects for which the Town should seek state funding.  He noted an additional resolution to seek permission from the Board of County Commissioners to construct a project on Martin Luther King Jr. Boulevard. 

Jim Heavner, chairman of the Gimghoul Neighborhood Sidewalks Committee, said that more than 80 percent of the neighborhood had petitioned the Town for sidewalks.  He said the Gimghoul neighborhood was unique due to its proximity to the University and its attractiveness to hundreds of runners and walkers each day.  

Mr. Heavner noted that the neighborhood was also a parking area for Playmakers Theater and the UNC Women’s Basketball games, which creates pedestrian problems during winter nights.  He presented a report on behalf of Mrs. Elston Miles regarding recent conditions along Gimghoul Road that she said was causing pedestrians to walk in the street.  Mr. Heavner conveyed his neighbors’ request for the Town to provide brick sidewalks that would be in keeping with that historic area.   

Mayor Foy noted that one approach would be to build a sidewalk on the north side of the street at a cost of approximately $115,000.  He noted that there was much UNC-related running, walking and parking in that area.  Mayor Foy said that if UNC and the neighborhood were to contribute, and limit the Town’s investment to $50,000, then maybe the Council would move forward on that sidewalk. 

Mr. Heavner explained that rock walls had been built and set back from the street in anticipation of sidewalks being built in that area.  He said there were segments of old sidewalks on both sides of the street.  Doing only one side would leave the other side in what neighbors have called "a hodgepodge," Mr. Heavner said.  He added that doing only one side could lead to difficulties among residents. 

Mayor Foy replied that it was just more realistic to do one side first because there was not enough money to get the entire project into this year’s budget.  He noted that doing part of it this year would not mean that they would not do the other part at a later date.

Mr. Heavner explained that Town representatives had observed that there was a considerable amount of infrastructure improvement that needed to be done to the street.  He said that doing one side now and another side later did not seem efficient.  Mr. Heavner  explained that it might be difficult to raise funds in the neighborhood while also saying they were only going to improve one side of the street and not fix the rest of the infrastructure.  

Council Member Ward recommended keeping discussions of street improvements and sidewalks separate.  He said tonight’s discussion was about phasing, and investing $1/4 million in this one project would not make sense in terms of its use for the greater good.  Council Member Ward pointed out that the Mayor’s proposal would give Gimghoul the first half of their recognized needs.  

Mr. Heavner replied that he would relay to his neighborhood whatever conclusion the Council reached, but said he envisioned difficulty when trying to have people on one side of the street support improvements on the other.  To piecemeal is not efficient, he said, but he agreed to take whatever the Council decided back to his neighbors.

Council Member Harrison noted that there was a set of projects that the Council would need to approach the Metropolitan Planning Organization about.  He flagged a couple of them, including the one that would need a resolution tonight to ask permission from the County Commissioners.  Council Member Harrison proposed asking for specific support from the Orange County and Durham County Transportation Advisory Committee representatives for those projects, which total about $200,000 for three counties. 

Council Member Greene proposed postponing the project on the north side of North Street for a few years until the seven or so mature, but ill, maple trees have died.  She moved R-13, to approve the Sidewalk and Bicycle Facilities Construction Plan with North Street and North Graham Street removed.  

Mayor Foy suggested amending the resolution with his proposal regarding Gimghoul Street, which limits the Town’s contribution to $50,000.  Let the neighborhood decide if they can go forward with that, he said.  Council Member Ward suggested letting the Gimghoul neighborhood decide which side of the street to improve, and Mayor Foy agreed.

Council Member Greene added both recommendations to the resolution.

Council Member Sally Greene MOVED, SECONDED BY Council Member Jim Ward, TO Adopt R-13 as amended.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION APPROVING THE 2006-2007 SIDEWALK AND BICYCLE FACILITIES CONSTRUCTION PLAN (2007-01-22/R-13)

Council Member Sally Greene MOVED, SECONDED BY Mayor pro tem Bill Strom, TO Adopt R-14.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION REQUESTING COUNTY AUTHORIZATION TO ASSUME MAINTENANCE RESPONSIBILITY FOR A PROPOSED SIDEWALK ON MARTIN LUTHER KING JR. BOULEVARD (NC 86) AUTHORIZING A MUNICIPAL AGREEMENT WITH THE STATE FOR SIDEWALKS ON MARTIN LUTHER KING JR. BOULEVARD (2007-01-22/R-14)

Ms. Barnes introduced the Town’s response to a November 2006 petition from the Inclusionary Zoning Task Force.  She summarized a draft ordinance and two key recommendations.  Ms. Barnes said additional work and analysis was needed to complete the ordinance, and she recommended that the Council authorize the Manager to enter into a consulting contract with White and Smith at an estimated cost of $15,000 to $25,000. 

Council Member Greene thanked the Task Force members for working diligently toward having a comprehensive ordinance that provides permanently affordable housing.  The ordinance would serve a broader range of incomes than the Town currently targets and is fair and equitable to developers, she said.   

Scott Radway, a Task Force member, spoke in support of hiring a consultant and said that Mark White was a good choice.  He did not think $15,000 to $25,000 would be sufficient, however, if the consultant was to do all of the task.  Mr. Radway mentioned several complex issues that Task Force members thought were important in addition to those in the report.  He asked that the schedule include time for the Task Force to review and comment on the ordinance before it goes back to the Council.

William Rohe, a Task Force member who teaches City and Regional Planning at UNC and directs the Center for Urban and Regional Studies, commended the Council for its commitment to affordable housing.  He said the next step was to come up with a formal ordinance that would further the goal and to create clear and equitable procedures for the development community.  Mr. Rohe said the Task Force was very diverse and had worked hard on this.  They had run into some complexities that surprised all of them and some of which were beyond their expertise, he said.  Mr. Rohe agreed that to consult with a developer, particularly the developer who had worked on the  development ordinance and understands it well, made a lot of sense. He urged the Council to pass the resolution and perhaps modify it to explicitly mention the interaction between the inclusionary zoning ordinance and the larger development ordinance.  
 
Council Member Greene moved R-15, and Mayor pro tem Strom seconded.  

Council Member Hill, who, along with Council Member Kleinschmidt, had also served on the Task Force, agreed with the comments by Mr. Radway and Mr. Rohe. He said this could not be done in an intelligent way without addressing floor area ratios.  Council Member Hill wondered how the Council could combine a consultant’s work on floor area ratios with the  proposal that they have. 

Ms. Culpepper replied that the Task Force’s recommendation regarding density bonus and floor area ratios were in the report and had already been shared with Mr. White.  She said it would be part of the product returning to the Council. 

Council Member Kleinschmidt remarked that it would not be a successful draft unless those things were included.  Mayor Foy agreed, noting that it would become a LUMO text amendment.  Council Member Hill added that it would offer guidance as to how to adjust floor area ratios, and Ms. Culpepper replied that this was the intent.  

Council Member Hill suggested that the Inclusionary Zoning Task Force review the draft ordinance between the end of March and the time of the Planning Board’s presentation.  Mayor Foy pointed out that all could view it simultaneous.  Council Member Kleinschmidt said that maybe the consultant could meet with the committee.  

Council Member Greene noted that there would be a public hearing in May and that there also was time for several review levels.  She suggested adding "meeting with the Inclusionary Zoning Task Force, as necessary, as part of this plan" to the draft ordinance. 

Council Member Ward said he hoped the Task Force would look at it before the public hearing.  Council Member Greene agreed to specify that, and she asked Ms. Culpepper to arrange that well in advance of the public hearing.

Council Member Sally Greene MOVED, SECONDED BY Council Member Jim Ward, TO Adopt R-15 as amended.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ESTABLISHING A PROCESS FOR DEVELOPING AN INCLUSIONARY ZONING ORDINANCE (2007-01-22/R-15)

Council Member Sally Greene MOVED, SECONDED BY Council Member Jim Ward, TO Enact O-2.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2006” (2007-01-22/O-2)

Mayor Foy said that he and Town Manager Stancil had recently met with UNC Chancellor Moeser and his key advisers to talk about getting the zoning process in place.  He said they had discussed using the Leadership Advisory Committee and Horace Williams Citizens Committee reports as well as the Town’s Land Use Management Ordinance as the foundation for work that would be done to develop the zone. 

Mayor Foy said the Town might need to supplement its resources with an outside person who would focus on this zone.  Town and UNC representatives had also discussed how to involve the public and the University and at what points, he said.  Mayor Foy reported that the Chancellor had expressed support for the general outline, but wanted it modified somewhat to have a joint committee of Council members and UNC trustees, as was done with O&I-4.  Under that scenario, there would be a steering committee, which would find a consultant to help with the zone, he said.

Mayor Foy explained that there would also be a technical coordinating committee.  He said UNC’s position was that many of the issues would be new, and understanding the rules would better enable them to tell the Town whether or not they can abide by them.  So there is sort of a vague blueprint, said Mayor Foy.  He said that he had told the Chancellor that the Council would discuss it tonight and probably would need more time before making a decision.   

Mayor Foy said he thought these dates were flexible.  Part of what the Town would ask a consultant to do would be to give details on a suggested community process, he said.  Mayor Foy stressed that a consultant would work for the Town even though the University was willing to help with the cost.

Council Member Easthom asked if there would be a time set for completion.  Mayor Foy replied that he did not know how complex it would be, but there would be some sort of play with regard to cost versus timing.

Council Member Easthom emphasized including a report that the Horace Williams Citizens Committee had done on a process for developing zoning.  Mayor Foy agreed.

Mayor pro tem Strom said the time was right to start moving ahead on this.  He said Mayor Foy had been clear that the consultant would be hired by the Town, and he agreed with Council Member Easthom that there should be citizen input early in the process.  Mayor pro tem Strom wondered if the Town’s timing necessarily had to coincide with UNC’s desire to present a concept plan to the Council in the fall.  He noted that circumstances were different now than when O&I-4 had been quickly done.  The Council needed to be thoughtful about creating a zone that would last over the course of the build-out of this project, said Mayor pro tem Strom.   

Mayor Foy said that the timetable for the trustees was an internal one at UNC.  He and Chancellor Moeser had touched only briefly on that, and the Chancellor had said that UNC was willing to give timing due consideration, he said.  Mayor Foy added that he did not think that would be an issue as long as the Town was reasonable. 

Mayor pro tem Strom said he was not sure he understood the second tier of oversight with technical committees.  He did not want to write a zone that was tailor-made to the output of the technical committees, he said.  Rather, he wanted it to be based more on the health, safety, welfare, adjacent property values and some measurable, nimble benchmarks that would be ongoing.  Mayor pro tem Strom said that oversight and technical committees were important to have as part of the process, but the Council should be clear at the outset that this is the Town’s zone.  The Town will collaborate intensely on it, he said, and will ultimately craft a zone that is responsive to UNC’s need to get the campus built while also protecting the Town’s interests.  

Mayor Foy asked Ms. Culpepper how O&I-4 had been formalized. She recalled that there had been very intense meetings between UNC and the Town during a very short period of time, three to four months.  They had tried to work through, within the framework of the Town’s ordinance, the establishment of stormwater, noise and lighting guidelines, Ms. Culpepper said.  She added that they had also hashed out the details of what standards would be proposed. 

Mayor Foy said he thought UNC was looking, in some ways, at O&I-4 as a model. 

Council Member Ward said that a technical advisory committee would help the Council figure out how to accomplish what was being discussed.  With regard to the experience with O&I-4, he stressed the need for people not on the UNC/Town committee to be very engaged.  It is difficult to support something confidently when you have not been part of the process, he said. Council Member Ward suggested coming up with a design that would allow all Council members to be aware and participate more fully than they had with O&I-4.  He also asked about the pros and cons of creating a zone for 250 acres rather than 950.

Council Member Easthom agreed with Council Member Ward’s comments about including all Council members in the process.  She also said that discussing a zone for 250 acres was a great idea. 

Mayor Foy said he assumed that any meeting would be public, but he understood that Council Member Ward was talking about being involved beyond that.  He suggested that the Council consider this information and come back on February 12 to continue its discussion and possibly take some action.

a.	Chapel Hill Active Living by Design Partnership.

The Council appointed Kathryn James and Ann Patrone to the Chapel Hill Active Living by Design Partnership.

Chapel Hill Active Living by Design Partnership Master Ballot

b.	Historic District Commission.

The Council appointed Jennifer Koach and Susan Smith to the Historic District Commission.

Historic District Commission Master Ballot