SUMMARY MINUTES OF A REGULAR BUSINESS MEETING
OF THE CHAPEL HILL TOWN COUNCIL
MONDAY, OCTOBER 27, 2003, AT 7:00 P.M.
Mayor Kevin Foy called the meeting to order at 7:00 p.m.
Council members present were Flicka Bateman, Pat Evans, Ed Harrison, Mark Kleinschmidt, Bill Strom, Dorothy Verkerk, Jim Ward and Edith Wiggins.
Staff members present were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Town Attorney Ralph Karpinos, Senior Long Range Planning Coordinator Christ Berndt, Planning Director Roger Waldon, Traffic Engineer Kumar Neppalli, Public Works Director Bruce Heflin, Parks and Recreation Director Kathryn Spatz, Field Operations Superintendent Richard Terrell, Urban Forester Curtis Brooks, Transportation Planner David Bonk, Transportation Director Mary Lou Kuschatka, and Acting Town Clerk Sandy Cook.
Item 1 - Ceremony: Recognition of Inter-Faith Council
Mayor Foy explained that the Interfaith Council (IFC) was celebrating its 40th anniversary this month. He introduced IFC Board President Natalie Ammarell to provide background on the IFC.
Ms. Amerault thanked the Council for proclaiming October as "IFC Month." She expressed appreciation for the partnership between the IFC and the Town, and said she hoped it would remain strong as they sort out the shelter/old municipal building's future in Downtown Chapel Hill.
Ms. Ammarell explained that the IFC had been reorganizing and engaging in long-term planning. She noted that Council Member Bateman had been involved in planning and asked whether Town staff members should be involved as well. Ms. Ammarell expressed concern about time and money issues, adding that she welcomed Council members' ideas. She emphasized that the Town and the IFC should keep the lines of communication open.
Mayor Foy thanked Ms. Ammarell, and IFC Executive Director Chris Moran, for being present.
Item 2 - Public Forum: Recommended Principles, Goals and Strategies
for the Horace Williams Property (Carolina North)
Senior Long Range Planning Coordinator Chris Berndt stated that the Horace Williams Citizens Committee had worked hard over the past year to develop the report they submitted to the Council on October 8, 2003. She displayed a map indicating the location of the 900-acre property north of Estes Drive and west of Airport Road. Ms. Berndt explained that about a third of that property was located in Carrboro. She pointed out that information from OWASA and the Chapel Hill-Carrboro School System had been included in the Council's packet.
Randy Kabrick, Chair of the Horace Williams Citizens Committee, introduced the Committee's members, all of whom were present, and recapped the Committee's October 8, 2003 presentation to the Council. He remarked that Council Members Strom, Kleinschmidt and Evans had done "yeomen's work" in five subcommittee areas. Mr. Kabrick reviewed the Committee's recommendations regarding Neighborhood and Community Interface, Fiscal Equity, Water and Sewer/Stormwater Management/Air Quality, Natural Areas/Parks and Recreation Facilities, Transportation and Land Use, and Development Management. He then summarized the Committee's next steps:
- Continue to advise Town Council.
- Propose a process for community input.
- Make recommendations to Council on University proposals.
- Provide advice on integrating principles into Town zoning regulations.
· Citizens' comments.
Thatcher Freund commended the Committee for a job so well done that he could find no fault in it. All of the points the Committee had made were critical, he said, but he recommended working on the especially contentious ones first. These include traffic congestion on Airport Road and neighborhood streets and the resulting threat of the degradation of existing neighborhoods. Mr. Freund suggested that the Town limit commuter parking so there would not be a superhighway through Weaver Dairy Extension to Homestead Road. He stressed the need for adequate parking for residents to keep traffic from spilling over into neighborhoods. Mr. Freund recommended developing creative alternatives to transit, such as using the rail line that runs from Hillsborough to Downtown Chapel Hill.
Mr. Freund recommended preserving 75% of the open space as the Committee had recommended. Doing so would mean reaching consensus on the largest issue facing the Town, he said. Mr. Freund stated that if UNC respects the Town's powers over zoning and the Town respects the University's legitimate needs, then the Town would have something it could be proud of.
Rudy Juliano praised the Committee for its visionary report, but expressed concern about Goal 1A/Subsection B, which proposed enhancing bus service on Airport Road and continuing to study a fixed guideway corridor. This approach is fundamentally flawed and would do a major disservice to neighborhoods in the northern part of Chapel Hill, he said. Mr. Juliano stressed that traffic between Carolina North and the UNC campus should use a dedicated corridor that is isolated from local street traffic. Otherwise, he said, traffic will be jammed on Airport Road from Estes Drive to Weaver Dairy Road and will spill out onto neighborhood streets.
Paul Wilson, speaking for the Lake Ellen Homeowners Association, addressed the issue of stormwater runoff from Carolina North. UNC needs to take strong proactive measures to see that there will not be sewage spills, downstream flooding, and damage to the Lake Ellen Dam, he said, and asked, "If they get it wrong, who pays?"
Horace Williams Citizens Committee Member Al Burk, speaking as a Northhaven resident, asked the Council to specifically address the following points when looking at UNC's proposals for Carolina North:
· Be conscious that the 2003 plan will likely move Carolina North to the southern border. Due to the proximity of Northhaven, Ironwoods and Elkin Hills, the development should be re-centered on the Horace Williams tract.
· Surround existing neighborhoods with ample, irrevocable, protective buffers through zoning or whatever means necessary.
· Remediate all hazardous waste sites before Carolina North construction begins or deal with it promptly as part of the construction.
· Require a fixed guideway transit corridor between Carolina North and the main campus to minimize traffic and parking impacts of Carolina North.
Jay Brenman pointed out that Carolina North would be huge and that allowing UNC to put an auto corridor in a residential neighborhood would not be like allowing a private developer to put in a road for Meadowmont. Many of UNC's plans include having Weaver Dairy Road link into Weaver Dairy Extension in a “Cary Parkway” fashion, he said. Mr. Brenman noted that Weaver Dairy Extension was100% residential and the second largest school district in Chapel Hill. If traffic coming from I-40 were allowed to travel through this neighborhood to gain access to Chapel Hill North that would greatly degrade the neighborhood, he said. Mr. Brenman proposed that the Town Council not allow that cut-through.
Northwoods resident Lauren Eastham described having an entrance at Homestead Road as a violation of UNC's stated principle of respecting the privacy and integrity of adjoining neighborhoods. She said that Weaver Dairy Extension was a neighborhood road filled with children who play on both sides of the street and in the median. People frequently cross that road, she explained, adding that the Weaver Dairy Extension actually splits the Vineyard Square neighborhood in two. Ms. Eastham reported that realtors were continuing to tell people that Vineyard Square would be a quiet, residential neighborhood. Realtors had not been mentioning Carolina North or the potential for a four-lane thoroughfare through that area, she said.
Cam Hill, a Citizens Committee member, proposed that problems of affordable housing, traffic and air pollution could be effectively addressed if UNC would house more of its students in dormitories. For every 1,000 students housed in dormitories an additional 250-300 affordable housing units would become available to the rest of the community, he said. Mr. Hill said that this was not just an opportunity but a necessity if the Town was to absorb that development.
Diane Vandenbroek said that positioning Carolina North on the southern part of the Horace Williams tract would upset the environment. It would mean that the road from Homestead Road to Carolina North would cut through a natural area and cross a deep ravine, she said.
UNC Vice Chancellor for Research Tony Waldrop, who is leading the Carolina North planning efforts, explained that he had presented a draft plan to the Carolina North Advisory Committee, which consists of UNC personnel, individuals from the community, Council members, Carrboro Board of Aldermen members, and Orange County Commission members. The Advisory Committee would hold an open public meeting in mid-November, he said. Mr. Waldrop emphasized that UNC welcomed feedback from any group that wanted to comment on the draft plan. He looked forward to working with the Town Council and other entities in the community to make this a positive activity, he said.
Council Member Bateman clarified that the Advisory Committee consists of four different committees, and that the draft would be presented to all four together. She asked Mr. Waldrop to comment on UNC's timetable. Mr. Waldrop replied that this would depend on the amount of feedback they receive and the time it takes to turn that into draft recommendations for the Carolina North Executive Committee. They would like to do it in the next six month, he said, but stressed that they would take the time necessary to address concerns in a true partnership.
Mayor Foy pointed out that there was a parallel process going on. The Town had asked for a Citizens Advisory Committee to develop some principles that the Town and Council could base its comments on as UNC moves forward. He noted that UNC also has advisory committees, to which Council Members Bateman and Ward represent the Town Council and Cam Hill and Ruby Sinreich are the Town's appointees.
Council Member Harrison inquired about the composition of the Executive Committee. Mr. Waldrop replied that it consisted of the Chancellor, Provost, Vice Chancellor for Finance and Administration, himself, and three members of the Board of Trustees. Council Member Harrison ascertained that the Executive Committee would be the final decision-making body, from UNC's standpoint.
Council Member Wiggins asked when the Council's recommendations and the results of the Citizens Committee's work could best be plugged into UNC's process. Mr. Waldrop replied that UNC already had read the Committee's report and had started to compare that with its own plan. He hoped there would not be a single timeframe but that all would work together while moving forward and implementing the project, he said.
Council Member Wiggins pointed out that some of tonight's comments had differed from the Citizen Committee's report. She requested that UNC reference in its report where the Citizens Committee's recommendations had informed or been compatible with UNC's plans. Mr. Waldrop replied that it would not be possible to do that on a point by point basis. But, UNC could indicate where they had listened to the Committee, he said.
Council Member Wiggins suggested that this be done as specifically as possible so that everyone on the Citizens Committee could see that their work was meaningful and had been incorporated into UNC's report.
Mayor pro tem Evans asked Mr. Waldrop to invite the Citizens Committee when he presents the report to the Advisory Committee. Mr. Waldrop replied that he would extend an invitation to anyone interested in attending.
Steve Scroggs, Assistant Superintendent for Support Services for the Chapel Hill-Carrboro City Schools, stressed the need for a school site within the Carolina North complex. The School System has a history of collaborating with UNC, he said, giving the Frank Porter Graham School and Scroggs Elementary School as examples. Mr. Scroggs argued that having a school on the Carolina North site would make sense in terms of UNC's sustainability, walkability and livability goals. With regard to the Schools Adequate Public Facilities Ordinance, he noted the need to make infrastructure and capacity gains in a very timely manner.
Diane Bachman recommended holding a symposium to draft a solution that must be rationalized with various transportation plans. She said that having a state-of-the-art goal would maximize the Town's opportunity to minimize road widening and to protect all neighborhoods from congestion, pollution, and added safety risks. Ms. Bachman spoke in favor of breaking the one car/one driver syndrome. She suggested adding attached-only housing to affordable housing goals. Ms. Bachman raised the possibility of having more than one orientation to Airport Road. She suggested considering alternative transportation and developing standards for scalable buffers with hard edges to protect neighborhoods from noise.
Sally Greene, a Planning Board member, discussed the Carolina North site's four, or more, waste dumps, at least two of which were toxic and one of which had benzene levels reported at 30,000 times allowable State levels. These chemicals were "surely" making their way downstream toward Lake Ellen, Lake Forest and Booker Creek, Ms. Greene said. She stated that UNC representatives had claimed a clean-up would interfere with development. But she proposed that UNC had a report which includes a plan and timetable for cleaning up the high benzene site. Ms. Greene told Council members that the estimated cost of cleanup would be $15-$25 million. Cleanup would take 20 years, and the tract could be developed around that site, she said.
Ms. Greene noted that UNC had received money from the State for a characterization study, which would be a first step in the cleanup. She urged UNC to clean the site up for reasons of community health and environmental stewardship. Then, UNC would truly be a model research university by setting an example of civic responsibility, she said. Ms. Greene characterized one Citizens Committee recommendation as "weak." She said that it should have read as follows: "The remediation of all hazardous waste sites at Horace Williams shall begin promptly and be pursued diligently until complete."
Mayor Foy pointed out that the Council had scheduled a work session on this report for November 17, 2003. The purpose of tonight's meeting was to hear citizens' comments, he said, and he thanked Mr. Kabrick and the Citizens Committee for their continuing efforts.
Item 3 - Petitions by Citizens and Announcements by Council Members
3a. Petitions by citizens on items not on the agenda.
1. Woodrow Barfield, regarding request for the Council to draft and adopt a resolution to show thanks to President Bush and the men and women of the armed forces, and to the appropriate leadership in the armed forces, in their efforts to secure freedom for those oppressed in Iraq.
COUNCIL MEMBER KLEINSCHMIDT MOVED, SECOND BY COUNCIL MEMBER STROM, TO RECEIVE AND REFER THE PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
2. Federal Realty Investment Trust requesting expedited processing for a Special Use Permit.
Chris Weber pointed out that his company, Federal Realty, had worked hard over the past two years to make Eastgate Shopping Center flood proof. They now had the opportunity to replace a gas station with retail, he said, adding that there was a small window of opportunity to recapture that lease. Mr. Weber requested expedited status in order to take advantage of this opportunity in the spring.
Mayor Foy determined that Federal Realty had not yet made a Special Use Permit (SUP) application. Mr. Weber said that there already was a SUP associated with the gas station. And, since they are located in the Booker Creek Resource Conservation District (RCD) and floodway, he said, they would need a SUP anyway.
Mayor Foy noted that Town Manager Cal Horton had not been in touch with Federal Reality regarding this request. Mr. Horton pointed out that Federal Realty had been in contact with the Town Planning staff. Mayor Foy explained that the Council would ask the staff for a recommendation for expedited review.
MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER STROM, TO RECEIVE AND REFER THE PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0)
3b. Petitions by citizens on items on the agenda.
1. Will Raymond, regarding the Town’s SafeLight Camera Program.
Mr. Raymond expressed disappointment over the "very weak" response from the Town staff to his questions submitted on August 25, 2003. He said that the message inherent in the Town's response was: "Just go away. You don't need to know any of the details. We'll take care of it." Mr. Raymond read several of the staff's answers aloud in an effort to demonstrate that they were vague and lacking in detail. He remarked that the Town was setting cameras to trigger at 3/10ths of a second even though the recommended standard was 4/10ths of a second, or higher. Noting the staff's comment that a decrease in citations would measure success, Mr. Raymond stated that every other group that had studied safelight programs had recommended measuring success by the decrease in accidents and other means. He asked staff members to put the same degree of effort into their answers as he had put into his questions.
Mayor Foy noted that a written petition from Mr. Raymond had arrived by email that afternoon. He suggested that this item come back at the next meeting.
3c. Announcements by Council Members.
Mayor pro tem Evans said that she had attended a recent NC Department of Transportation (NCDOT) board meeting on behalf of the Town. Her task, she stated, was to address the Town's request that NCDOT free up funds for improvements on South Columbia Street. Noting that other towns were asking for road widening and bypasses, Mayor pro tem Evans commented that she had been struck by how different Chapel Hill was with its request for sidewalks and bike lanes. Mayor Foy explained that NCDOT had suggested that a presentation by the Town might help reinstate the South Columbia Street funding. Mayor pro tem Evans had made that presentation, he said.
Council Member Verkerk announced that an international photography expert, Dr. Colin Ford, founder of the National Museum of Photography, Film, and Television in England, would speak at UNC the following Monday evening. Dr. Ford was also curator of the Julia Margaret Cameron exhibition, which had been featured in a recent Smithsonian, she said.
Item 4 - Consent Agenda
Council Member Bill Strom removed 4L, Budget Ordinance Amendment to Provide Funding for the Amran Shrine Circus.
MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT R-1 WITH 4L REMOVED. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES (2003-10-27/R-1)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the following resolutions and ordinances as submitted by the Town Manager in regard to the following:
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a. |
Minutes of September 8, 15, and 22, 2003. |
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b. |
Nominations to Various Advisory Boards and Commissions (R-2). |
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c. |
Reimbursement Resolution regarding Proposed Installment Financing Contract for Roof Repair Projects (R-3). |
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d. |
Recommendations for Town Facility Naming Opportunities (R-4). |
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e. |
Project Ordinance for 2003-2004 Capital Fund Program for Public Housing Renovations and Resident Services (O-1). |
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f. |
Consideration of On-Street Parking Restrictions on Longview Street (O-2). |
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g. |
Consideration of On-Street Parking Restrictions on Fan Branch Lane in Culbreth Park (O-3). |
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h. |
Response to Petition regarding Local Landmark Designation for the Kennette-Hamner House on East Franklin Street (R-5). |
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i. |
Budget Ordinance Amendment Allocating Funds for Construction of Infrastructure Improvements on Airport Road and East Franklin Street (O-4). |
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j. |
Scheduling a Public Forum to Consider a Potential Change in Cablevision Public Access Fees Paid by Cable Television Customers (R-6). |
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k. |
Budget Ordinance Amendment to Provide Funds for Solar Hot Water System Installation at the Chapel Hill Community Center (O-5). |
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m. |
Allocation of Available Streetscape Bond Funds for Mast Arm Signal Poles (R-7). |
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n. |
Application for Federal Assistance under the Disaster Relief Act (R-8). |
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o. |
Acceptance of State Funds for Highway Improvements on NC 86 (Airport Road) (R-9). |
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p. |
Response to Planning Board Petition regarding the Process for the Bicycle and Pedestrian Action Plan (R-10). |
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*q. |
Renewal of the Lease for a Portion of the Old Post Office Building to the Unites Stats Postal Service (R-10.1). |
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*r. |
Amendment to Council Calendar (R-10.2).
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This the 27th day of October, 2003.
A RESOLUTION NOMINATING APPLICANTS TO VARIOUS ADVISORY BOARDS AND COMMISSIONS (2003-10-27/R-2)
WHEREAS, the applications for service on an advisory board or commission or other committees listed below have been received; and
WHEREAS, the applicants have been determined by the Town Clerk to be eligible to serve;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the following names are placed in nomination to serve on an advisory board or commission:
Historic District Commission
Steve Doyle
Orange Water and Sewer Authority
Randy Kabrick
Transportation Board
Brandon Perkins
This the 27th day of October, 2003.
A RESOLUTION DECLARING OFFICIAL INTENT TO REIMBURSE EXPENSES OF CAPITAL RENOVATION PROJECT (2003-10-27/R-3)
WHEREAS, the Town of Chapel Hill desires to renovate certain Town facilities through use of an installment financing contract; and
WHEREAS, the Town has determined that the roofs of the Town Hall and Fire Stations #2 and #3 are in need a major capital renovations and repair; and
WHEREAS, the Town proposes to finance these renovations through an installment contract that spreads the cost of the Project over a ten year period;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that, pursuant to the requirements of the United States Treasury Regulations Section 1.150-2, that the Council intends this resolution to constitute a Declaration of Official Intent to Reimburse under such Treasury Regulations Section.
BE IT FURTHER RESOLVED that:
1 Expenditures to be incurred. The Issuer anticipates incurring expenditures (the “Expenditures”) for the capital renovation and repairs to the Project.
2 Plan of Finance. The Issuer intends to finance the costs of the Project with the proceeds of debt to be issued by the Issuer (the “Borrowing”) the interest on which is to be excluded from gross income for federal income tax purposes.
3 Maximum Principal Amount of Debt to be Issued. The maximum principal amount of the Borrowing to be incurred by the Issuer to finance the Project is $323,000.
4 Declaration of Official Intent to Reimburse. The Issuer hereby declares its official intent to reimburse itself with the proceeds of the Borrowing for any of the Expenditures incurred by it prior to the issuance of the Borrowing.
BE IT FURTHER RESOLVED that the Council authorizes the Town Clerk to certify a copy of this resolution for the Local Government Commission.
This the 27th day of October, 2003.
A RESOLUTION ACCEPTING THE RECOMMENDATIONS OF THE COUNCIL NAMING COMMITTEE FOR THE NAMING OF THREE TOWN FACILITIES (2003-10-27/R-4)
WHEREAS, the Council’s Naming Committee has made recommendations regarding the naming of Town facilities; and
WHEREAS, the Council has received appropriate public comment regarding the naming of these facilities;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby:
This the 27th day of October, 2003.
AN ORDINANCE TO ESTABLISH A CAPITAL FUND PROGRAM (CFP) PROJECT ORDINANCE (2003-10-27/O-1)
BE IT ORDAINED by the Council of the Town of Chapel Hill that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following project ordinance is hereby established:
The project authorized is the Capital Fund Project as approved by the Council on April 28, 2003. Funds are as contained in an Amendment to the Consolidated Annual Contributions Contract between the Town and the U. S. Department of Housing and Urban Development (HUD) dated September 17, 2003.
The Town Manager of the Town of Chapel Hill is hereby directed to proceed with the project within the terms of the Contract document(s), the rules and regulations of the U. S. Department of Housing and Urban Development, and budget contained herein.
Section III
The following revenue is available to complete the project:
Capital Fund Program $453,453
The amounts appropriated for the project are as follows:
Operations $ 28,500
Administration $ 21,900
Dwelling Structures $340,513
Dwelling Equipment $ 28,700
Fees and Other Cost $ 33,840
Total $453,453
The Finance Director of the Town of Chapel Hill is hereby directed to maintain within the Project Fund sufficient specific detailed accounting records to provide the accounting to the U.S. Department of Housing and Urban Development as required by the Annual Contributions Contract and federal regulations.
Funds may be advanced from General funds for the purpose of making payments as due. Reimbursement requests should be made to HUD in an orderly and timely manner.
The Town Manager is directed to report annually on the financial status of each project in Section IV and on the total revenues received.
This the 27th day of October, 2003.
AN ORDINANCE AMENDING CHAPTER 21 OF THE TOWN CODE OF ORDINANCES REGARDING ON-STREET PARKING (2003-10-27/O-2)
BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
Section 1. Section 21-27 of the Town Code of Ordinances, “No parking as to particular streets.” is hereby amended by adding the following in appropriate alphabetical order:
“Street Side From To
Longview Street South Airport Road A Point 560 feet west of
Airport Road”
Section 2. This ordinance shall become effective November 24, 2003.
This the 27th day of October, 2003.
AN ORDINANCE AMENDING CHAPTER 21 OF THE TOWN CODE OF ORDINANCES REGARDING ON-STREET PARKING (2003-10-27/O-3)
BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
Section 1. Section 21-27 of the Town Code of Ordinances, “No parking as to particular streets.” is hereby amended by adding the following in appropriate alphabetical order:
“Street Side From To
Fan Branch Lane Inner loop Along entire length of Island”
Section 2. This ordinance shall become effective November 24, 2003.
This the 27th day of October, 2003.
A RESOLUTION REQUESTING RECOMMENDATION FROM THE HISTORIC DISTRICT COMMISSION ON A LOCAL LANDMARK DESIGNATION ORDINANCE (2003-10-27/R-5)
WHEREAS, the Town Council has received a petition from Mr. Matthew Brody, requesting that Town Council adopt an Ordinance addressing designation of landmarks, including criteria for designation; and
WHEREAS, the Town Council finds that there is possible public interest associated with creating a Local Landmark Designation Ordinance;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council directs the Historic District Commission to further investigate the petition and to return to the Council with a report of their research and recommendation.
This the 27th day of October, 2003.
AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2003 (2003-10-27/O-4)
BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled “An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 2003” as duly adopted on June 9, 2003 be and the same is hereby amended as follows:
ARTICLE I
Current Revised
APPROPRIATIONS Budget Increase Decrease Budget
CAPITAL IMPROVE-
MENTS FUND 1,929,283 100,000 2,029,283
ARTICLE II
Current Revised
REVENUES Budget Increase Decrease Budget
CAPITAL IMPROVE-
MENTS FUND 1,929,283 100,000 2,029,283
This the 27th day of October, 2003.
A RESOLUTION CALLING A PUBLIC FORUM REGARDING THE SUPPLEMENTAL PUBLIC ACCESS RATE FOR CABLE TELEVISION IN CHAPEL HILL (2003-10-27/ R-6)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council calls a public forum on November 10, 2003, to receive comments on whether the supplemental public access rate should be: adjusted for inflation to 72 cents per month; continued at the present rate of 71 cents per month; reduced; or eliminated.
This the 27th day of October, 2003.
AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2003” (2003-10-27/O-5)
NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled “An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 2003” as duly adopted on June 9, 2003, be and the same is hereby amended as follows:
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ARTICLE I |
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APPROPRIATIONS |
Current Budget |
Increase |
Decrease |
Revised Budget |
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GENERAL FUND |
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Non-Departmental |
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Contingency |
43,938 |
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600 |
43,338 |
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Planning |
1,065,907 |
600 |
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1,066,507 |
This the 27th day of October, 2003.
A RESOLUTION AUTHORIZING THE TOWN MANAGER TO ALLOCATE $125,000 IN AVAILABLE STREETSCAPE BOND FUNDS TO SUPPLEMENT DOWNTOWN SIGNAL IMPROVEMENTS PROPOSED BY THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION (NCDOT) TO PERMIT INSTALLATION OF MAST ARMS AS RECOMMENDED IN THE DOWNTOWN STREETSCAPE MASTER PLAN (2003-10-27/R-7)
WHEREAS, the Town Council adopted the Downtown Streetscape Master Plan as part of the Town’s Comprehensive Plan; and
WHEREAS, $125,000 is available in bond funding to implement a portion of the mast arm signal system improvements identified in the Downtown Streetscape Master Plan; and
WHEREAS, the Council has received a report from the Town Manager recommending that these funds be allocated to supplement NCDOT’s proposed downtown signal improvements allowing for the installation of mast arm poles consistent with the Downtown Streetscape Master Plan at three downtown locations;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to allocate $125,000 to permit installation of single-arm mast arm signal poles as part of NCDOT’s proposed downtown signal improvement project.
This the 27th day of October, 2003.
A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE A DESIGNATION OF APPLICANT’S AGENT REQUIRED FOR APPLICATION FOR FEDERAL EMERGENCY MANAGEMENT AGENCY FUNDS (2003-10-27/R-8)
WHEREAS, the Federal Emergency Management Agency (FEMA) has funds available for costs related to natural disasters; and
WHEREAS, the Town of Chapel Hill incurred damage from Hurricane Isabel on September 18, 2003; and
WHEREAS, FEMA requires that any locality seeking intergovernmental assistance must authorize its agent to sign the “Designation of Applicant’s Agent”;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to execute the “Designation of Applicant’s Agent” agreement for the purpose of applying for FEMA funds related to Hurricane Isabel on September 18, 2003.
This the 27th day of October, 2003.
A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE A MUNICIPAL AGREEMENT WITH THE STATE FOR A MINIMUM OF $100,000 TO PERFORM SIDEWALK AND RELATED STREET IMPROVEMENTS ON STATE ROADS IN CHAPEL HILL (2003-10-27/R-9)
WHEREAS, the North Carolina Department of Transportation and the Town of Chapel Hill propose to make certain street and highway improvements to consist of the widening of the roadway (as needed) to include related transit facilities and the construction of curb and gutter and sidewalk at various locations on the east and west sides of NC 86 (Airport Road) between SR 1777 (Homestead Road) and SR1750 (Estes Drive) in Chapel Hill; and
WHEREAS, the Department of Transportation and the Town of Chapel Hill propose to enter an agreement for the construction of the aforementioned highway improvements whereby the Town of Chapel Hill agrees to design the project plans, acquire the right-of-way and adjust municipally owned utilities, award the construction contract and supervise project construction; and
WHEREAS, said agreement provides for the Town of Chapel Hill to be responsible for the costs of design and preparation of plans for the entire project, for the costs of engineering and supervision of the entire project, for administrative costs incurred in the acquisition of right-of-way of the project and for a minimum of $25,000, or twenty percent (20%), matching funds for the Direct Attributable funds authorized; and
WHEREAS, said agreement provides for the Department of Transportation to reimburse the Town of Chapel Hill for the construction of the project a minimum of $100,000 from Surface Transportation Program-Direct Allocation funds in accordance with the terms of the agreement; and
WHEREAS, said agreement further provides for the Department of Transportation to reimburse the Town of Chapel Hill additional funds for the construction of the project if the Transportation Advisory Committee elect to authorize additional allocations to the project from the Durham-Chapel Hill-Carrboro Metropolitan Planning Organization’s Federal Transportation Direct Attributable Funds Allocation; and
WHEREAS, said agreement provides for the Town of Chapel Hill to be responsible for twenty percent (20%), matching funds for any additional Direct Attributable funds authorized;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to execute a Municipal Agreement with the North Carolina Department of Transportation for said project.
This the 27th day of October, 2003.
A RESOLUTION INVITING THAT LIAISONS BE PROVIDED TO THE BICYCLE AND PEDESTRIAN ADVISORY BOARD FOR THE PREPARATION OF A BICYCLE AND PEDESTRIAN ACTION PLAN FOR THE TOWN OF CHAPEL HILL (2003-10-27/R-10)
WHEREAS, the Comprehensive Plan calls for development of a comprehensive pedestrian and bicycle network; and
WHEREAS, the Town of Chapel Hill adopted a set of goals for 2003 which includes the preparation of a Bicycle and Pedestrian Action Plan; and
WHEREAS, the Council adopted a process and schedule on September 8, 2003, for preparation of a Bicycle and Pedestrian Action Plan; and
WHEREAS, the Council heard a petition from the Planning Board on September 22, 2003, relating to the process for the preparation of the Action Plan;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council invites the Transportation Board, the Planning Board, the Greenways Commission, the Parks and Recreation Commission, and the Historic District Commission to each appoint a liaison to the Bicycle and Pedestrian Advisory Board to provide communication among the respective boards and commissions during the preparation of the Bicycle and Pedestrian Action Plan.
This the 27th day of October, 2003.
A RESOLUTION AUTHORIZING THE TOWN MANAGER TO RENEW A LEASE FOR A PORTION OF THE OLD POST OFFICE BUILDING TO THE UNITED STATES POSTAL SERVICE FOR A PERIOD OF TEN YEARS (2003-10-27/R-10.1)
WHEREAS, the Town Council of the Town of Chapel Hill, on August 15, 1979, pursuant to G.S. 160A-272, authorized the Town Manager to enter into a lease for a portion of the Old Post Office Building to the United States Postal Service; and
WHEREAS, the term of said lease was for twenty-five years, beginning on August 15, 1979, and ending on August 14, 2004; and
WHEREAS, the United States Postal Service has requested that the lease be renewed for ten years; and
WHEREAS, pursuant to G.S. 160A-272, a notice appeared in the October 13, 2003 edition of the Chapel Hill News, announcing that the Town Council would consider authorizing, at its October 27, 2003 business meeting, a lease to the United Streets Postal Service of approximately 3,000 square feet of the main floor of the Old Post Office Building, located at the corner of East Franklin and Henderson Streets;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves of, and authorizes the Town Manager to enter into on behalf of the Town, a lease to the United States Postal Service of approximately 3,000 square feet of space in the Old Post Office Building at 179 East Franklin Street for use as a branch Post Office, said agreement to contain the following key points:
· The duties of the Town under the lease include provision of the designated 3,000 square feet of space, allocation of three dedicated parking spaces, use of the loading dock at the rear of the building, payment for utilities costs (except for telephone and other communications), payment for custodial services and routine maintenance of the building.
· The duties of the United States Postal Service include payment of an annual rent in the amount of $15,140. This amount is not intended to represent the fair market rental value of the property; rather it represents the approximate annual cost to the Town for the provision of utilities, custodial services and routine maintenance.
· The United States Postal Service may terminate the lease with 90 days notice and the Town may terminate the lease with two year’s notice.
This the 27th day of October, 2003.
A RESOLUTION AMENDING THE 2003-2004 TOWN COUNCIL MEETING CALENDAR (2003-10-27/R-10.2)
WHEREAS, the Council’s meeting calendar must be adjusted from time to time to allow for additional meetings or restructuring of previously scheduled meetings;
NOW, THEREFORE, BE IT RESOLVED THAT the Council of the Town of Chapel Hill that the Council hereby amends its 2003-2004 meeting calendar as follows:
This the 27th day of October, 2003.
Item 5 - Information Items
With regard to 5c, Response to Council Petition regarding Definition of Repaving/Milling of Roads, Council Member Wiggins asked if the Mayor's office could forward the definitions to newspapers, and Mayor Foy agreed to do so.
With regard to 5d, Response to Petition to Orange County Tax Assessor from Chapel Hill Kehillah, Mayor Foy agreed with the suggestion to encourage Orange County to process that request in an expeditious manner. He offered to do that on behalf of the Council.
Council Member Bateman asked if it was accurate that the Town could not refund money to the Kehillah without the County’s consent. Town Attorney Ralph Karpinos replied that it was Orange County's decision and not the Town's.
Mayor Foy explained that if the determination is made that Kehillah is exempt from taxes under State law, then the Town can make the refund. If not, then the Town cannot give preferential treatment to any taxpayer, he said.
The Information Reports were accepted by consensus.
Item 6 - Concept Plan and Preliminary Budget for Town Operations Center
6a. Introduction to Concept Plan and Preliminary Budget for Town Operations Center.
Mr. Horton explained that Assistant Town Manager Sonna Loewenthal had been working long hours with a team of consultants to meet the Council's challenge to reduce the Town Operations Center (TOC) project's costs to $20 million. They had reached a recommendation that the staff could live with, he said, stressing that the proposed TOC would be far better than the facility that the Town has. Mr. Horton recommended that the Council retain those things that are essential to maintain the principles of sustainability, environmental sensitivity and physical prudence.
Ms. Loewenthal recommended that the Council act on the concept plan and the preliminary budget for the Transit, Public Works, and Housing portions of the TOC. She also asked Council members to reach a decision about placing a daycare center on the TOC site.
Ms. Loewenthal summarized the TOC planning process thus far and outlined the possible funding mechanisms. She said that NCDOT had repeatedly told the Town that the TOC was their highest priority for capital improvements, Statewide. Ms. Loewenthal explained that the Town could receive State and federal grants though 2011 to pay capital and/or debt service costs. So it was not unreasonable to anticipate close to 90% funding, she said. Ms. Loewenthal added that the 10% local match would be shared by the three partners in the transit system.
After the Council takes action, the staff would submit an SUP application, Ms. Loewenthal said. She noted that the Community Design Commission (CDC) had already reviewed the concept plan and that Council members would hear CDC comments on December 17, 2003. Ms. Loewenthal said that the staff anticipated an SUP hearing in the spring. If all goes smoothly, the grading contract would start at the end of 2004 with completion and occupancy in late 2006 and demolition of the current site at the end of 2006, she said.
Ken Redfoot, of Corley Redfoot Zack, reviewed the $20 million plan, which he described as functional and capable of accommodating growth for about 15 years. He noted that the layout was similar to previous presentations. To reduce costs down to $20 million, Mr. Redfoot explained, they had eliminated space Public Housing Maintenance, the Information Technology Department, two fueling stations, and an automatic car wash. They had also redesigned some elements and added efficiencies, such as pre-engineered metal buildings for the Operations and Fleet divisions. Mr. Redfoot explained that they had also eliminated an allowance for high performance building components and systems, such as daylighting, PV panels, and solar collectors.
Mr. Redfoot noted the change in access road material from asphalt to gravel. He described using bunker storage walls in the yard storage area and reinforced concrete for masonry walls. Mr. Redfoot noted the decreased allowance for landscaping, and the elimination of a high-performance underground cistern system to recycle rainwater. With regard to offsite savings, he said that NC DOT would pay for work on railroad crossings and signals. The revised plan would make Millhouse Road 30 feet rather than 36 feet, he said, and it would eliminate curb and gutter on the west side of Millhouse Road. Mr. Redfoot noted that the estimate included cost reductions from OWASA in the sewer outflow design. He explained that the Manager's recommendation included 10 options for Council members to consider adding back. These options would bring the cost to $23 million. They were:
· Add permeable asphalt pavement to employee and visitor parking instead of a gravel surface.
· Use standard construction instead of pre-engineered metal buildings with masonry walls to accommodate daylighting and program.
· Add allowance for high-performance building elements.
· Add underground rainwater re-use tanks for irrigation and flushing toilets.
· Add compressed natural gas fueling station.
· Add curb and gutter to west side of Millhouse Road, along railroad,
· Add allowance for landscaping.
· Add asphalt surface to roadway to materials storage and impound lot.
· Add building to house brushless wash bay and equipment.
Mayor Foy determined that the Transit Facility would share a training building on the Public Works side, with a walkway separating the two.
In response to a question from Mayor pro tem Evans, Mr. Horton explained that the TOC would have the first quick-fill, compressed, natural gas station in the community capable of serving a large number of vehicles. Mayor pro tem Evans asked if there would be enough incentive for a private entity to put in the fueling station. Mr. Horton pointed out that no private company had yet done so. And, if one did, the Town probably would end up paying a higher cost, he said.
Mayor pro tem Evans verified that the Manager had not recommended moving the Information Technology Department (IT) to the new site. She said that this seemed shortsighted and asked how much it would cost to add IT back in. Mayor Foy indicated the Manager's estimate of $600,000.
Mayor pro tem Evans expressed concern about planning for 15 years rather than 30. She commented on the decline in style of public buildings and emphasized that the TOC should be subject to the same design criteria as other applicants. Mr. Horton assured her that staff members had done their best to comply with guidelines that they would expect of other applicants. The overall effect of this design, with the emphasis on preservation of natural growth, particularly stands of trees, and appropriate use of landscaping and buffering of neighbors, would be a pleasant place and far better than the Town's current facility, he said.
Council Member Harrison determined that the plan did not preclude his earlier request to consider a methane connection to the landfill.
Council Member Kleinschmidt asked why a $600,000 cost for public housing had been included if it would be paid by HUD grants. Mr. Horton explained that HUD grants would replace Town funds over a period of 20 years. He added that this assumes the federal government would continue to make funds available to the Town for this purpose for a 20-year period. No one can be sure of that, Mr. Horton said.
Council Member Ward asked if Mr. Horton had talked with UNC regarding the compressed natural gas and the extent to which they might favor using a site in this location. Mr. Horton replied that there had been no recent discussions. Council Member Ward cautioned against ending up with two fueling stations. He suggested that the Town firm up the potential for such an arrangement. Mr. Horton replied that the staff had been thinking about partnering with smaller agencies and fleets. It would be more practical for the University to establish its own quick-fill station, he said. Council Member Ward asked for examples of the smaller agencies, and Mr. Horton mentioned the School system, County government, and non-profits.
Council Member Ward expressed support for the Manager's $23,158,500 recommendation. He ascertained that the $27 million plan was for 15 years and the 30-year plan would cost $30,700,000. Mr. Horton pointed out that planning for a 30-year period had enabled the Town to understand its potential needs over that period. As a result, they had made accommodations in the 15-year proposal for the kind of expansion that it would ultimately need, he said. Mr. Horton remarked that Council members had been wise to consider a reduced planning horizon. If his additional recommendations were added in, the Town would have a more efficient project that all could be comfortable with and proud of, he said.
Council Member Ward spoke in support of the 15-year horizon, since the Town did not know what technologies might be available later on. Mr. Horton commented that the Town's growth pattern had been quite predictable and that the community was gradually approaching build-out. Chapel Hill would not experience a large growth in the number of employees over the next 30 years, he said. Mayor Foy noted that the staff had presented the Council with some viable alternatives. He described the Manager's recommendation as reasonable and said he was prepared to support it.
Council Member Verkerk determined that the impound lot would be in the rural buffer. She expressed willingness to support items 2, 3, 4 and 5, on page 16, but said that she had reservations about putting asphalt surfaces in the rural buffer.
Mayor Foy commented that the Manager had made a good point about how the Emergency Operations Center and Public Works Department operate in inclement weather and need to be able to clear the space. And you can not clear gravel, he said, adding that permeable asphalt was an acceptable choice.
Council Member Verkerk asked about the rationale for putting an asphalt impound lot in the rural buffer. Mr. Horton replied that he would understand if the Council wanted to eliminate that.
Council Member Strom pointed out that the area does not protect the University Lake Watershed. The Town was respecting the rural buffer by not leading utility service into it, he said. Mr. Redfoot clarified that asphalt on the driveway to the impound lot would not be permeable. But the impound lot itself would mostly be gravel, he said.
Council Member Bateman asked what a "roofed patio area" was, and Mr. Horton explained that it was a porch where employees go to smoke. As soon as he figured that out, he said, he eliminated it. Mr. Redfoot pointed out that one patio area did remain outside the large, multipurpose room. Mr. Horton said that employees would eat lunch there and that he did not see anything wrong with that one. But, as a reformed smoker, he was against having a dedicated smoking area, he said.
Council Member Bateman asked how many square feet would be gained over the current Horace Williams facility. Mr. Horton replied that present square footage was 44,909 square feet and that the recommended plan was for 72,515 square feet, with the 20-year plan being for 66,815 square feet. He explained that the key changes had been in the lunch area, lockers, additional space for mechanical work inside, and so forth. Council Member Bateman ascertained that the offices had not yet been designed but that they would all be smaller.
Council Member Ward determined that staff parking bays at the Transportation building would be pervious, but the isles would be impervious because they need to take a lot more heavy traffic. Council Member Ward commented that using impervious surface selectively would give a longer life to the entire system.
Council Member Wiggins asked if the amenities that employees had wanted had been preserved in the revised plan. Mr. Horton replied that they had been. Employees would have more privacy and a better environment for work meetings and counseling, he said. Council Member Wiggins said that she wanted to make sure the Manager and employees did not feel that the reductions impacted things they felt were important. Mr. Horton said that he had talked with department heads and would share information and receive feedback from employees.
Council Member Harrison suggested having 36 feet of pavement on Millhouse Road rather than 30 feet. He also recommended having curb and gutter on the west side of Millhouse Road because the road would get a lot of heavy use and ought to have full facilities. Council Member Harrison described adding these features as "a good use of not very much money." He also expressed support for having the Information Technology Department at the TOC. Council Member Harrison asked about the brushless wash bay and equipment. Mr. Horton explained that, without it, the only washing area would be an open area with a hose.
Council Member Strom thanked the Manager and staff for taking this challenge seriously and reducing the budget. He said that it was unfortunate for the Town that UNC was causing it to move its Public Works and Transportation facilities.
6b. Public Works Operations.
COUNCIL MEMBER STROM MOVED R-11A, AND COUNCIL MEMBER WARD SECONDED.
Council Member Wiggins expressed support for the motion, but said that she was not surprised that UNC would not want a public works facility at the entrance to Carolina North.
Council Member Bateman expressed delight that the Town would provide better facilities for its employees. But she would not support R-11a, she said, because she believed that $20 million could adequately accomplish the Town's needs and provide a facility that all could feel proud of. Council Member Bateman spoke in favor of waiting and expanding in the future. Not doing so is a luxury that no other public facility can afford, she said.
Council Member Harrison argued that the $25,775 for increasing the pavement to 36' on Millhouse Road would eventually pay for itself in terms of maintenance. Mr. Horton agreed, but explained that the staff had not recommended 36' for financial reasons and because they would not require that of a private developer. Council Member Harrison asked about moving the Information Technology Department to the new site, and Mr. Horton replied that this could be done at a later time. He noted, however, that the Town might someday reclaim the IFC building for Town use. This would free up additional space for that department in Town Hall, Mr. Horton pointed out.
COUNCIL MEMBER HARRISON PROPOSED A FRIENDLY AMENDMENT TO INCUDE $25,775 TO INCREASE THE PAVEMENT WIDTH ON MILLHOUSE ROAD. THE MOVER AND SECONDER ACCEPTED THAT AMENDMENT.
COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT R-11A, AS AMENDED BY COUNCIL MEMBER HARRISON TO INCREASE THE PRELIMINARY BUDGET TO $25,775 TO INCREASE PAVEMENT ON MILLHOUSE ROAD FROM 30 FEET TO 36 FEET. THE MOTION WAS ADOPTED (8-1) WITH COUNCIL MEMBER BATEMAN VOTING NAY.
A RESOLUTION ESTABLISHING A PRELIMINARY BUDGET FOR THE PUBLIC WORKS FACILITY IN THE TOWN OPERATIONS CENTER (2003-10-27/R-11a)
WHEREAS, the Town must relocate its two largest departments, Public Works and Transportation, by December 31, 2006; and
WHEREAS, the Town of Chapel Hill has acquired an 88-acre site for a Town Operations Center on Millhouse Road; and
WHEREAS, a needs assessment, site analysis, and preliminary concept plan have been developed; and
WHEREAS, the Council considered on June 23, 2003, the preliminary concept plan and the initial cost projections; and
WHEREAS, the Council considered on September 8, 2003, revised concept plans and revised cost projections; and
WHEREAS, the Council has considered potential cost reductions, additional identified costs and potential revenues;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that a preliminary budget for the Public Works portion of the Town Operations Center of $23,763,775 after refund of $540,700 in sales tax, and including $25,775 on the widening of Millhouse Road to 36’ of asphalt is hereby adopted.
This the 27th day of October, 2003.
Mr. Horton said that the staff would continue to do its best to emphasize the Council's three key principles and would continue to look for ways to reduce cost while preserving quality.
6c. Transit Operations
COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT R-12. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION ESTABLISHING A PRELIMINARY BUDGET FOR THE TOWN OPERATIONS CENTER (2003-10-27/R-12)
WHEREAS, the Town must relocate its two largest departments, Public Works and Transportation, by December 31, 2006; and
WHEREAS, the Town of Chapel Hill has acquired an 88-acre site for a Town Operations Center on Millhouse Road; and
WHEREAS, a needs assessment, site analysis, and preliminary concept plan have been developed; and
WHEREAS, the Council considered on June 23, 2003, the preliminary concept plan and the initial cost projections; and
WHEREAS, the Council considered on this date potential cost reductions, additional identified costs and potential revenues;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council adopts a preliminary budget for the Transit Operations Facility at the Town Operations Center of $17,916,000 after refund of $402,000 in sales tax.
This the 27th day of October, 2003.
Council Member Wiggins asked if Certificates of Participation would come all at one time or if they would be phased in as money was needed. Mr. Horton replied that there probably would be some phasing. Council Member Wiggins inquired about how this would affect the tax rate, and Mr. Horton explained that one cent on the tax rate was about $425,000. He offered to bring the exact figure back, as well as the dates and budget years that the Town would need to levy those taxes, at the next meeting.
6d. Report on Possible Day Care Center at Town Operations Center
Mayor Foy told Council members that the Manager had recommended developing a business plan before actually investing in a day care center.
Council Member Bateman thanked Ms. Loewenthal for thoroughly researching this, but expressed surprise that a survey had revealed little interest among Town employees. Council Member Bateman said that she had great respect for facts and so there was not much point in proceeding. Mr. Horton noted that the space would be preserved for a day care center.
Mayor pro tem Evans determined that the site could be preserved for uses other than day care as well.
Council Member Verkerk said that she had also been surprised at the lack of interest. The results of the survey were not what she had expected from people who have children, she said.
6e. Transit Comparison of School Bus System and Transit System Garages.
There was no discussion of this issue.
Item 7 - Draft Durham-Chapel Hill-Carrboro
2006-2012 Regional Transportation Priority List
Transportation Planner David Bonk pointed out that the memorandum before the Council reviewed issues raised at an October 8, 2003 public forum and the staff's responses to those issues. The report also addresses issues raised at an October 15, 2003 Joint Planning Hearing on Homestead Road pedestrian improvements. And it included a response to issues raised by various Town advisory boards' reviews of the exiting priority list and their recommended changes to that list, Mr. Bonk said. He indicated the staff's recommended priority list for 2006-2012 and an attached table summarizing comments by advisory boards. Mr. Bonk noted how those advisory boards' comments had been addressed on the priority list.
Mayor Foy said that the responses in this detailed memo had seemed reasonable to him.
Mayor pro tem Evans pointed out that a response to the Planning Board's comments regarding Rosemary Street had addressed only West Rosemary Street. There were gaps and a lack of sidewalks on East Rosemary Street, she said, and she suggested that the Town set a goal of having sidewalks all the way to Hillsborough Street. Mr. Bonk replied that those projects on the south side of East Rosemary Street would not come under this funding source. Those would be pursued with either Town Capital Improvements Program (CIP) or bond funds, he said. Mayor pro tem Evans urged Council members to consider East Rosemary Street as well as the old section of Weaver Dairy Road when deciding how to use bond funds.
Council Member Harrison commented that projects that had been on the list for years were being given less priority while others were rising to the top. Some that he had asked for several years ago had been bumped down the list, he said. But, Council Member Harrison said, Mr. Bonk had reminded him that any project not near the top was an academic exercise and that its supporters must have patience and persistence. Council Member Harrison argued, though, that new projects should be added to the end rather than the middle of the list. He asked that a bike lane and sidewalk along Erwin Road from Sage Road to the Orange Count line be added to the priority list as #24. This would match up with another Durham Bike and Pedestrian Commission project from the County Line to Highway 751, he said.
MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER HARRISON, TO ADOPT R-14, AS AMENDED BY COUNCIL MEMBER HARRISON TO ADD A NEW ITEM #24 STATING "TO CONSTRUCT BICYCLE LANES AND SIDEWALKS FROM SAGE ROAD TO THE ORANGE COUNTY LINE ON ERWIN ROAD." THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION APPROVING THE 2006-2012 CHAPEL HILL TRANSPORTATION PRIORITY LIST (2003-10-27/R-14)
WHEREAS, the Durham-Chapel Hill-Carrboro Transportation Advisory Committee has begun the process to develop the 2006-2012 Metropolitan Transportation Improvement Program; and
WHEREAS, the Transportation Advisory Committee will develop a Regional Transportation Priority List for use in developing the Metropolitan Transportation Improvement Program; and
WHEREAS, the Transportation Advisory Committee has requested local governments develop transportation priority lists for use in preparing the Regional Priority List; and
WHEREAS, the Council has received comments from the public on transportation priorities;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council adopts the following list as the 2006-2012 Transportation Priority List for submission to the Transportation Advisory Committee:
1. Transit Capital Projects (FY 2006-2010).
2. Upgrade Chapel Hill Signal System- Improve Chapel Hill signal system.
3. Estes Drive Extension - N.C. 86 to Greensboro Street (Carrboro), widen to three lanes with five foot bicycle lanes* and sidewalks.
4. Old Durham-Chapel Hill Road: U.S. 15-501 to I-40-Construct five-foot bicycle lanes* and sidewalks.
5. Seawell School Road-Improvements from Homestead Road to Estes Drive Extension, including turn lanes, bicycle lanes*, sidewalks and transit accommodations.
6. Homestead Road-NC86 to High School Road, provide bicycle lanes*, sidewalks and turn lanes.
7. Morgan Creek Greenway-Construct a greenway from the Southern Village to Frank Porter Graham Elementary School
8. Estes Drive-NC 86 to Curtis Road, widen existing roadway to include two 12-foot travel lanes, four-foot bicycle lanes* and sidewalks.
9. Community Center to Willow Drive-bicycle and pedestrian connection to Bolin Creek Greenway.
10. Franklin Street/Bolin Creek Greenway Pedestrian/Bicycle Access: Install pedestrian/bicycle access between Franklin Street and Bolin Creek Greenway.
11. Estes Drive- Curtis Road to Franklin Street, construct sidewalk along entire length and provide pedestrian signal at intersection with Chapel Hill Library Drive.
12. Bolin Creek Greenway- Construct a greenway from Airport Road to Umstead Park.
13. Barbee Chapel Road- NC54 to Downing Creek Parkway, provide sidewalks and bicycle lanes*.
14. Southern Railroad Greenway- Construct a greenway along the Southern Railroad right of way from Estes Drive to the University Horace Williams property.
15. Pope Road - Ephesus Church Road - construct five foot bicycle lanes*.
16. Piney Mountain Road-Improvements from NC 86 to Riggsbee Road, including turn lanes, sidewalks, bicycle lanes* and transit accommodations.
17. Mount Carmel Church Road: Improvements from U.S. 15-501 South to Chatham County line, to be limited to include bicycle lanes*, sidewalks, transit and safety improvements.
18. Dry Creek Greenway-Construct a greenway from Perry Creek Drive to Erwin Road.
19. Upper Booker Creek Greenway-Construct a 10-foot bikeway from the Northern Community Park to Weaver Dairy Road Extension
20. Country Club Road-Construct a sidewalk on the east side from South Road to Raleigh Street.
21. Fordham Boulevard- Construct a sidewalk along the north side, Manning Drive to Carmichael Street.
22. Bolin Creek/Little Creek Greenway-Construct a greenway from Chapel Hill Community Center to Pinehurst Drive.
23. Old Mason Farm/Finley Golf Course Road- Construct bicycle lanes* and sidewalks.
24. Sage Road/Erwin Road- Construct bicycle lanes and sidewalks from Sage Road to the Orange County line on Erwin Road.
*Bicycle lanes will only be constructed if they meet the criteria adopted by the Town of Chapel Hill. If the proposed bicycle lanes do not meet the criteria wide outside lanes will be included in the project.
This the 27th day of October, 2003.
Item 8 - Consideration of Contract for Economic Development Consultant
Mr. Horton advised Council members to consider the proposed contract with Stainback Public/Private Real Estate LLC of Malvern, Pennsylvania for development of Parking Lots 2 and 5. He noted that work would occur in stages and could be interrupted or stopped at any point. Mr. Horton explained that money in the General Fund had been earmarked for this. He recommended allocating $120,000 for the contract as presented.
COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER KLEINSCHMIDT, TO ADOPT R-15. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION AUTHORIZING the Manager to EXECUTE A contract With Stainback Public/Private Real Estate (2003-10-27/R-15)
WHEREAS, the Comprehensive Plan and Downtown Small Area Plan identify Town Parking Lots 2 and 5 as key redevelopment sites; and
WHEREAS, the Town Council has established principles and priorities for development of Town Parking Lots 2 and 5; and
WHEREAS, the Council on February 24, 2003, authorized the Town Manager to develop a request for proposals for economic development consultant services to help plan and manage the options for proceeding with the development of Town Parking Lots 2 and 5 and help represent the Town’s interests in any development agreement; and
WHEREAS, on April 28, 2003, the Council authorized proceeding with a Request for Qualifications/Request for Proposals selection program; and
WHEREAS, the Council Committee on Lots 2 and 5 in August 2003, voted unanimously to continue discussions with Stainback Public/Private Real Estate LLC of Malvern, Pennsylvania, on a consulting contract after interviewing representatives from four prospective consulting firms; and
WHEREAS, the Council on October 8, authorized the Town Manager to negotiate a contract with Stainback Public/Private Real Estate for Council’s consideration;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to execute a contract with Stainback Public/Private Real Estate based substantially on the terms in the attached Contract for Consultant Services included as Attachment 1 to the Manager’s memorandum to Council of October 27, 2003.
This the 27th day of October, 2003.
COUNCIL MEMBER STROM MOVED, SECONDED BY MAYOR PRO TEM EVANS, TO ENACT O-8. 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, 2003 (2003-10-27/O-8)
BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled “An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 2003” as duly adopted on June 9, 2003, be and the same is hereby amended as follows:
ARTICLE I
Current Revised
APPROPRIATIONS Budget Increase Decrease Budget
GENERAL FUND
Planning 1,065,907 120,000 1,195,907
ARTICLE II
Current Revised
REVENUES Budget Increase Decrease Budget
GENERAL FUND
Fund Balance 2,336,198 120,000 2,456,198
This the 27th day of October, 2003.
Item 9 – Chapel Hill Public Arts Commission
9a. Recommendation for an Artist Selected for the IFC Renovation Project
Mayor pro tem Evans wondered if the artwork would remain in the building if the occupants changed. Mr. Horton replied that he could not guarantee that because the Town does not know what future use might be made of the area where the art would go.
Mayor Foy verified that the Town would own the art.
Mayor pro tem Evans asked if it would be moveable. Council Member Kleinschmidt, the Council's representative to the Public Art Commission, explained that the actual piece had not yet been determined. But it would be a community/artist collaboration, he said, adding that the collaborative could include the community's interest in being able to retain the artwork.
9b. Selection of Artist for Percent for Art IFC Extraordinary Maintenance Project
COUNCIL MEMBER WIGGINS MOVED, SECONDED BY MAYOR PRO TEM EVANS, TO ADOPT R-16. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION AUTHORIZING THE TOWN MANAGER TO ENTER INTO A CONTRACT WITH SALLY ERICKSON FOR PUBLIC ART AT THE IFC SHELTER (2003-10-27/R-16)
WHEREAS, the Council of the Town of Chapel Hill adopted a Percent for Art Program on March 4, 2002; and
WHEREAS, the Town Council has adopted a capital improvements program budget that includes the IFC renovation project; and
WHEREAS, the Public Arts Commission has conducted an artist selection process consistent with the guidelines included in the resolution of March 4, 2002, and recommends that the Town Council authorize a contract between the Town and Sally Erickson;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is authorized to enter into a contract with Sally Erickson for a public art project at the IFC Shelter in the form of a large broken-tile mosaic for the dining area.
BE IT FURTHER RESOLVED that 1% of the final adopted budget for the IFC Shelter renovation project shall be allocated for this public art project.
BE IT FURTHER RESOLVED that the Public Arts Commission is authorized to proceed with inviting public comment for the development of the art project.
This the 27th day of October, 2003.
Item 10 - Petitions:
10a. By the Mayor and Council Members.
Council Member Ward petitioned the Council to reallocate staff resources to create a full time position for a neighborhood advocate. The advocate would act as a liaison between city government and citizens/neighborhoods with an emphasis on keeping communities informed of developments that could impact their lives, he said. Council Member Ward noted that this was an area where the Town falls short. Since citizens do not know the process they become unnecessarily alarmed when development is proposed nearby, he said. Council Member Ward emphasized that the neighborhood advocate would not mediate disputes between citizens and neighborhoods and development applicants.
COUNCIL MEMBER WARD MOVED THAT COUNCIL MEMBERS FORWARD HIS PETITION TO THE MANAGER FOR A STAFF RESPONSE. COUNCIL MEMBER STROM SECONDED.
Council Member Wiggins praised the proposal but wondered if someone already on the staff might do this work. She verified that the staff was in the process of screening applicants for a Town Information Officer. Disseminating information would be part of that person's job, she said. Council Member Wiggins praised the proposed concept but expressed hope that people on staff could carry out these functions and that no one would be terminated.
Council Member Strom suggested that the Manager's report include details on a Durham initiative for educating citizens on how the public process works. Chapel Hill might replicate a similar program, he said. Mr. Horton explained that the new information officer would launch "Local Government 101," an educational program for citizens that had been successfully done in a number of communities.
THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Item 11 - Reserved for Discussion of Consent Agenda Items if Necessary
With regard to 4L, Budget Ordinance Amendment to Provide Funding for the Amran Shrine Circus, Council Member Strom suggested taking no action because doing so would conflict with the Council's resolution prohibiting display of wild or exotic animals within Chapel Hill. Even though this event would not be in Chapel Hill, he said, it violates that principle.
Council Member Wiggins pointed out that the Council's resolution had been forwarded and the Shrine Circus had replied that there was no conflict. So she had concluded it was a circus without animals, she said. Mr. Horton and Mr. Karpinos stated that they had not investigated the issue beyond that.
Mayor pro tem Evans expressed support for Council Member Strom's suggestion.
COUNCIL MEMBERS AGREED BY CONSENSUS TO TAKE NO ACTION ON 4L.
Item 12 - Request for Closed Session to Discuss
Property Acquisition, Personnel, and Litigation Matters
COUNCIL MEMBER KLEINSCHMIDT MOVED, SECONDED BY COUNCIL MEMBER WARD, TO GO INTO CLOSED SESSION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
The meeting adjourned at 9:45 p.m.