SUMMARY MINUTES OF A PUBLIC HEARING

SUMMARY MINUTES OF A BUSINESS MEETING

OF THE CHAPEL HILL TOWN COUNCIL

MONDAY, MAY 24, 2004, AT 7:00 P.M.

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

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

Staff members present were Town Manager Cal Horton, Deputy Town Manager Florentine Miller, Assistant Town Manager Bruce Heflin, Town Attorney Ralph Karpinos, Town Information Officer Catherine Lazorko, Planning Director Roger Waldon, Senior Long Range Planning Coordinator Chris Berndt, Urban Forester Curtis Brooks, Engineering Director George Small, and Acting Town Clerk Sandy Cook

Item 1 - Ceremonies:

a. Recognition of Kidscope Program.

Linda Foxworth explained that Kidscope, a program of Orange-Person-Chatham (OPC) Mental Health Center, began in 1988. It is one of the early intervention services of Orange County, she said, explaining that about half of the children it serves come from the Chapel Hill/Carrboro area and the rest come from Hillsborough and Orange County. Ms. Foxworth said that Kidscope includes an outreach program, consultation, and a family transitional learning classroom. Ms. Foxworth stated that Foxworth was the only publicly funded program in Orange County that serves children up to age six who have behavioral and emotion social issues.

Ms. Foxworth described Kidscope's Family Transitional Learning Classroom for children ages three and four who have severe emotional issues. She mentioned the Childcare Consultation Program, which examines and helps childcare centers improve methods for helping children with behavior problems. Ms. Foxworth remarked that Kidscope had done well over the years at serving children who are victims of abuse and neglect. They receive referrals from UNC Hospitals and the Department of Social Services, she explained. Ms. Foxworth noted that Mental Health was under reform and that OPC would be asked to divest itself of services. Kidscope would be one of those services, she said, so they were looking for a new home.

b. Proclamation: World War II Veterans Recognition Day.

Mayor Foy read a proclamation recognizing WW II veterans who live in the community. He proclaimed Saturday, May 29, 2004, as World War II Veterans Recognition Day in Chapel Hill. Mayor Foy then shook hands with three veterans who had attended the Council meeting.

Item 2.1 - Public Forum on a Conceptual Master Plan

for Development of Town Parking Lots 2 and 5

Consultant John Stainback introduced Joe Pobiner, Director of Planning for HKS, to present the development proposal for Parking Lots 2 and 5. Mr. Pobiner said that his team had made a presentation to the Council Committee and had asked the Committee which of three options they preferred. He outlined the HKS proposal, emphasizing that it meets the Council's adopted standards of 681 spaces.

Mr. Pobiner displayed slides of existing sites and suggested three options for Lot 5. He described a plan for underground parking, adding that it would be relatively inexpensive to build. Mr. Pobiner recommended building two parking levels with 205 spaces each. He requested that the Council tell HKS how many square feet would work. Mr. Pobiner also asked Council members to provide input on the organization of buildings. Proposals for architectural design would come later in the process, he said.

Mr. Pobiner said that Lot 2 had the potential for having a transit transfer station below. He presented options for an underground station that would accommodate about nine buses at the peak hour. Mr. Pobiner noted that there would be room for about 102 parking spaces per level if the transfer station were not located there. He outlined a design for an urban village atmosphere that would be unique to Chapel Hill. He also presented options for the Rosemary Street parking lots and said there was an opportunity to create a "restaurant row" in that area. Mr. Pobiner urged Council members to think about where they would provide replacement parking if they convert the Wallace Deck. He stated that the RBC lot would not work as a transit center because there is not enough space for buses to turn.

Mr. Pobiner proposed that all of the sites could be linked together through streetscape improvements, programming, and operational improvements such as a theme shuttle bus. He discussed landscaping, floor plans, and other amenities such as valet parking and concierges. The residential component would be developed for a broad market, he said, and he proposed a development schedule.

Chapel Hill resident Joyce Brown recommended that Parking Lot 5 include an outside, open, gathering space for the community. She felt discouraged by tonight's presentation, she said, because she was not sure it was a fit for Chapel Hill. Ms. Brown asked that emphasis be given to the important environmental and social aspects of open space. She recommended that both parking lots use renewable energy, and she gave examples of progressive communities that had done so. Ms. Brown pointed out that this is Town-owned land, which means that the Town has leverage to do what it wants. The question of cost, which always arises during discussions of renewable energy, was not the right question, she said. Ms. Brown proposed that the right question was "what will it save?"

Robert Porter, Chair of the Orange/Chatham Sierra Club, said that Parking Lot 5 should become a substantial, impressive, contiguous and creative gathering space. It should evolve into Chapel Hill's living room, he said. Mr. Porter recommended that the Lot become a connector to Rosemary Street and that it help revive Rosemary Street. And it should provide substantial performance space, he said. Mr. Porter remarked that the Sierra Club did not feel that what they had seen so far would achieve those goals. Speaking as an individual, he suggested that the Town Square be named for George Moses Horton, an African American who wrote a book of poetry even though he was enslaved at the time. He also asked that the Town respect the Old Post Office's historical integrity and the important WPA murals are inside that building.

George Cianciolo, speaking on behalf of the Chapel Hill Transportation Board, expressed support for the proposed design for Lot 2. The designs offer the greatest advantage for the future of transit services and for successful downtown development revitalization, he said. Mr. Cianciolo stated that the designs could provide excellent lighting during daylight hours and a well-lit facility after dusk. He suggested that a small windowed Chapel Hill Transit office be provided at the transit center. That would allow significant advantages and safety, he said.

Mr. Cianciolo noted the advantages that providing a steady stream of transit patrons would give to downtown businesses. He requested that all state and federal funding programs that fund private/public partnerships be investigated as soon as possible and that the Town incorporate them into any financial models that the developers present. Mr. Cianciolo noted that citizens of Chapel Hill wanted the University to be visionary and creative in developing their transit plan for Carolina North. Members of the Transportation Board believe that the Town should be creative as well in developing a transfer facility that will accommodate today's needs and those of the future, he said.

Chapel Hill resident Lynne Kane expressed enthusiasm for the options being presented. She cautioned the Town Council against seeking large, open spaces that would be vacant many hours of the day. Those can become "litter catchers," she said, adding that the Town's many parks and open spaces already serve open space needs. Ms. Kane asked Council members to remain mindful of the bottom line for the property owners and downtown investors. Open space in a commercial area is perceived as dead space, she said, arguing that people go downtown to explore shops and services. Ms. Kane recommended that the Council stay with a policy that supports retail and that they vote for sufficient square footage for businesses that will draw people downtown. It was "absolutely incontestable" that retail supports retail, she said.

Andrea Rohrbacher asked that the open space in Lots 2 and 5 be a little more prominent. She suggested including a combination of linear and rectangular open spaces. Ms. Rohrbacher wondered if the Town would accept payment in lieu of recreational space for residences. She noted that Lot 2 backs up to the alley behind Franklin Street businesses. There probably always will be dumpsters there, she said, and she wondered if there would be an "alleyscape" project to improve the appearance. Ms. Rohrbacher commented that some of the configurations presented tonight seemed a little boxed in and confining. She suggested a more open and flowing design. With regard to the proposed water feature, Ms. Rohrbacher noted that such things could be expensive and labor-intensive to maintain. A water feature might also take up space that might be needed for people attending events, she pointed out.

Mayor Foy noted that six Council members were on the Committee and probably had asked most of their questions. He noted that Mayor pro tem Wiggins had requested, at a former Council meeting, that the concerns of Lot 5 neighbors be solicited and acknowledged. Her request had not been included in the agenda packet, he pointed out, and he asked to make sure that it does get included.

Mayor Foy stated that it would be helpful to the Council to know where in the community there were open spaces of comparable size, since it is difficult to visualize square footage. He asked how one would enter Lot 5 from Franklin Street in Configuration C. Mayor Foy also wondered how affordable housing would work in the scenarios presented tonight, especially with regard to the Land Trust. He pointed out that since the Town owns the land, the Town's goal for affordable housing could exceed those of private developers. There could also be a sliding scale up to a medium range so that housing would not become too expensive, said Mayor Foy.

Mayor pro tem Wiggins asked that Council members who were on the Committee respond to what Mayor Foy had said about the neighborhoods near Lots 2 and 5. Council Member Strom replied that the appropriate time to discuss how these projects would interface with surrounding neighborhoods would be when the Committee brings back a final set of drawings on June 14^th.

Mayor pro tem Wiggins asked where it would be explicitly stated that the Town must be sensitive to the neighborhoods. Council Member Kleinschmidt remarked that this had come up in many of the Committee's conversations about various aspects of the design. He believed the consultants were aware of that concern, he said. But Council Member Kleinschmidt agreed that the Council should be explicit, since neighbors had been expressing concern for many years.

"When will we see it explicit that surrounding neighborhoods will be a major part of the consideration as we move forward?" Mayor pro tem Wiggins inquired again. She asked Council Member Kleinschmidt if he was saying that having projects that would maintain or enhance the surrounding residential neighborhoods had been part of the discussion. Council Member Kleinschmidt replied that it had been. Mayor pro tem Wiggins acknowledged that she was concerned about the Northside Neighborhood in particular and she asked the Committee members if were striving to protect Northside from the impact. Mayor pro tem Wiggins expressed confidence that such a discussion would have occurred if this project were at the other end of Franklin Street.

Council Member Ward stated that protecting neighborhoods had been one of the Council's adopted principles and was a lynchpin during the discussions with consultants. "But I don't see it reflected in anything that we're working with," Mayor pro tem Wiggins replied. "And I'm just wondering to what extent the consultant has received this as a strong message."

Council Member Greene stated that the consultant had received that message "loud and clear, many times," from her and from others. She said that it was also a concern in the area by the Wallace Deck and that the Committee was doing its best to address that.

Council Member Verkerk pointed out that the Town would be spending a lot of money on underground parking. She thought that parking would be the main concern of the Northside neighborhood, she said, adding that she thought the plan would enhance Northside. Mayor pro tem Wiggins replied that she had just wanted to make sure that this was on the Committee's list of concerns, "and I've heard you," she said.

Mr. Horton noted that the Council Committee would resume their meeting at 8:00 a.m. the next morning in the first floor conference room. He wanted to specifically note that, he said, in case anyone wanted to attend.

COUNCIL MEMBER GREENE MOVED, SECONDED BY COUNCIL MEMBER KLEINSCHMIDT, TO RECESS THE PUBLIC HEARING TO JUNE 14, 2004, AND TO REFER ALL COMMENTS TO THE MANAGER, ATTORNEY, AND CONSULTANTS. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 2.2 - Public Hearing on a Request for a Land Use Plan Amendment

to Identify the Locations of Potential School Sites on the Land Use Plan

Long Range Planning Coordinator Chris Berndt explained that the Council had adopted four school sites when it adopted the 2000 Land Use Plan as part of the Town's Comprehensive Plan. She said that there was legislation at the time that allowed the school board to reserve one of the sites only when there was a subdivision application. The Board would have 18 months to do so under those conditions, she said. Ms. Berndt noted that the Council had sought and received legislation from the State in 2003 that allowed the Town to apply that to a site plan, a Special Use Permit (SUP), or an SUP modification. The Town then changed its Land Use Management Ordinance (LUMO) to incorporate those provisions, she explained. In the case of a site plan or a SUP modification, the School Board would have 12 months to acquire a site, Ms. Berndt explained.

Ms. Berndt stated that the School Board had looked at land in the Town's Urban Services Area and was making a proposal tonight for the Council's consideration. These include five potential new sites which the Board had proposed adding to the land use plan, two that already are on the plan but require a review, and two that the School Board wants removed from the plan.

Steve Scroggs, Assistant Superintendent for Support Services at the Chapel Hill-Carrboro City Schools, stated that the Town needed to identify and reserve sites for new schools now due to rapid growth in Chapel Hill. The Board realized that not all of the sites were perfect and that they might need to release some of them in the future, he said. Bit they thought it was incumbent upon them to identify as many as possible now, stated Mr. Scroggs.

Developer Jack Smyre, representing Crossland Properties, the contract purchaser of site #4, noted that the Town had reviewed a concept plan in which he had discussed building a residential development there that would make the area a mixed-use development as planned. Mr. Smyre asked that site #4 not be designated as a school site since it already is designated on the land use plan as a special site suitable for mixed-use development. Its best use would be to generate revenue through the taxes for the school system, he said.

Mr. Smyre stated that the developer was literally days away from filing a modification to the master plan request with the Town so that they could move forward with this as the Council had unanimously encouraged them to do in October. He argued that it was not an appropriate site for a school and that designating it as such would be an unnecessary delay and cost to developer. It would mean one more year that tax revenue would be missed that could benefit the schools, said Mr. Smyre.

Mayor Foy asked Mr. Smyre if he had discussed this with the School Board. Mr. Smyre replied that he had literally just become aware of it in the past day when he happened to see it on the Consent Agenda for tonight’s meeting. Mayor Foy said that he thought the property was already under a SUP. Mr. Smyre replied that it was encumbered by the master plan for Chapel Hill North and that plan would have to be modified to allow either a residential or a school use. Not only is it a high land value but there will be an expensive regulatory process to go through to convert it to a school site, he said.

Council Member Kleinschmidt inquired about why the School System had identified the site on the Chapel Hill side of Horace Williams tract since the one that is being "floated" is the one on the Carrboro side. Mr. Scroggs replied that the Schools had not yet had and agreement with UNC to build the school on the Carrboro side when this was drafted. Council Member Kleinschmidt asked if they still wanted to reserve the site on the north side. Mr. Scroggs replied that the School System, UNC, and Frank Porter Graham Child Development had a collaborative agreement regarding a possible school on that location. Council Member Kleinschmidt asked if there were any sites outside the Chapel Hill town limits that the School System was considering. Mr. Scroggs replied that there were two in Carrboro.

Council Member Harrison inquired about a letter from landowner Johnny Morris stating that the Eubanks Road site was not one the School System preferred list. Mr. Scroggs replied that placement of another elementary or middle school at the Morris property would not be the number one choice. The northeast quadrant is where an elementary school is most needed and the western quadrant is where a middle school is needed, he said. Mr. Scroggs explained that the School system had included that site on the list because they still consider it a viable one and that does have potential for a school. He said that he had encouraged Mr. Morris to continue with his plans and to then request release from the Board.

Council Member Greene noted that the Planning Board had decided that the School Board needed the flexibility of all the sites it was requesting. She agreed with that stance, she said.

COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER WARD, TO REFER COMMENTS TO THE MANAGER AND ATTORNEY AND TO RECESS THE PUBLIC HEARING TO JUNE 14, 2004. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 3 - Petitions by Citizens and Announcements by Council Members

3a(1). Bill Birch regarding a Request for Survey of Traffic-Related Problems at the Cross-Section of Highgrove Drive and Parkview Cresent.

COUNCIL MEMBER GREENE MOVED, SECONDED BY COUNCIL MEMBER KLEINSCHMIDT, TO RECEIVE AND REFER THE PETITION TO THE MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

3a(2). Ken Bollen on behalf of the Greenwood Neighborhood re Request to Install Four-Way Stop Signs at the Intersection of Greenwood Road and Sandy Creek Trail/Old Mill Road.

COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER VERKERK, TO RECEIVE AND REFER THE PETITION TO THE MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

3a(3). Joe Patterson re Request to Modify Setback Requirements in the Cobb Terrace Historic District.

COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER WARD, TO RECEIVE AND REFER THE PETITION TO THE MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

3a(4). Southern Village Homeowners Association re Request for Traffic Calming Study on Various Streets in Southern Village.

COUNCIL MEMBER STROM MOVED, SECONDED BY MAYOR PRO TEM WIGGINS, TO RECEIVE AND REFER THE PETITION TO THE MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

3a(5). Bo Lozoff, Carolina Biodiesel, Inc., re Request that the Town Enter Into an Agreement in Principal for a Pilot Program to Test Biodiesel Fuel.

Mr. Lozoff discussed his newly formed non-profit company, Carolina Biodiesel Inc., which he said could reduce our country’s dependence on foreign oil. Biodiesel fuel can be developed on North Carolina fields and on other farming communities across the country, he said, noting that North Carolina imports biodiesel fuel from Iowa. Mr. Lozoff explained that Carolina Biodiesel Inc. already owns the site and will create a refinery in northern Orange County. He stressed that the company would not be asking municipalities for funding. But they would be seeking to partner with the Town, he said, noting that he would be producing fuel that the Town already uses at a much lower cost.

Mr. Lozoff explained that his facility would be used as a job-training program for ex-offenders. So, in addition to the environmental/ecological aspects of this endeavor, Carolina Biodiesel would make people employable who are the hardest to employ, he said. Mr. Lozoff described the plan as a win-win for all. He said that theirs would be a relatively small plant that will produce the amount of biodiesel that is needed for the Triangle area. Mr. Lozoff asked for Council input on this idea and asked Council members to respond to specific proposals on how the Town can work with Carolina Biodiesel to achieve this.

COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER VERKERK, TO RECEIVE AND REFER THE PETITION TO THE MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

3a(6). Community Design Commission regarding plans for additional discussions about duplex guidelines.

Charlotte Newsby said that the Community Design Commission (CDC) had met several times to consider duplex issues and possible adjustments to the guidelines. Town Planning Director Roger Waldon would cover this more fully at Item 9 in the tonight's agenda, she said, and she asked to be part of the follow-up report referenced there. Since the CDC must apply those guidelines, they were very interested in the duplex issue, she said. Mayor Foy ascertained that the Commission was not asking that the Council do anything in particular tonight.

3a(7). Jack Smyre, regarding review of the Development Review Fee Schedule.

Mr. Smyre asked that his written petition be referred to the staff to come back with a response on June 14, 2004. There might be some discrepancies in the schedule that produces rather large unintended fees, he said. Mr. Smyre stated that it would be prudent for the staff to comment on these and then decide where to go from there.

COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER STROM, TO RECEIVE AND REFER THE PETITION TO THE MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 4 - Consent Agenda

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

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES (2004-05-24/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:

a.	Minutes of April 1, 14, 19, 20, 26, and 28, 2004; Closed Sessions of September 9 and November 13, 2002; Closed Sessions of March 17, April 14, June 25, and October 27, 2003.
b.	Nominations to Various Advisory Boards and Commission (R-2).
c.	Establishment of a Project Ordinance for the Town’s Transitional Housing Program for Public Housing Families (O-1, O-2).
d.	Budget Ordinance for a National Endowment for the Arts Grant (O-3, R-3).
e.	Budget Ordinance for Habitat for Humanity for Pre-Development Costs for the Sunrise Road Project (O-4).
f.	Recommendation for Audit Contract for Fiscal Year 2003-2004 (R-4).
g.	Removal of Metered Parking on North Graham Street in front of the Knotts Funeral Home (O-5).
h.	Endorsement of a Conceptual Plan to Relocate the Intersection of Highland Woods Road Farther Away from Fordham Boulevard (R-5).
i.	Rejection of a Bid for Real-Time Passenger Information and Automatic Vehicle Location System (R-6).
j.	Request from Holy Trinity Lutheran Church for Expedited Review of a Special Use Permit Application (R-7).
k.	Budget Ordinance for Town Parking Lots 2 and 5 Projects (O-6).
l.	Response to a Petition from Residents of Shady Lawn Road regarding Rescheduling the Installation of Sidewalks to an Earlier Date (R-8).

This the 24^th day of May, 2004.

A RESOLUTION NOMINATING APPLICANTS TO VARIOUS ADVISORY BOARDS AND COMMISSIONS (2004-05-24/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:

Board of Adjustment

Edward Couch

Stephen Manton

Stephen Peck

Stephanie Schmitt

Claire Williams

Richard Williams

Chapel Hill Public Arts Commission

Colleen Black-Semelka

Kathryn James

Bibb Latané

Pamela Pease

Community Design Commission

Mark Broadwell

Matt Hapgood

Richard Loeber

Stephen Manton

Stephanie Schmitt

Downtown Economic Development Organization

Mickey Ewell

Neil Newcomb

Tom Tucker

Mark Zimmerman

Greenways Commission

Mary Blake

Bill Bracey

Peter Calingaert

Bobby Clapp

June Dunnick

Karim Kheireddine

Historic District Commission

Branson Hobbs

Parks and Recreation Commission

Robert Broad

Terri Tyson

This the 24^th day of May, 2004.

AN ORDINANCE TO ESTABLISH A TRANSITIONAL HOUSING PROGRAM PROJECT ORDINANCE (2004-05-24/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 Statues of North Carolina, the following project ordinance is hereby established.

SECTION I

The project authorized is the Transitional Housing Program for Public Housing Families as approved by the Council on April 23, 2001. Funds are as contained in the HOME Program and the County Housing Bond Project.

SECTION II

The Town Manager of the Town of Chapel Hill is hereby directed to proceed with the project within the rules and regulations of the HOME and County Housing Bond Project programs, and the budget contained herein.

SECTION III

The following revenue is available to complete the project:

2001 – 2002 HOME Program $100,000

2002 – 2003 HOME Program $ 28,117

2003 – 2004 HOME Program $ 32,000

1997 County Housing Bond $ 75,000

Program Rental Income $ 12,874

Housing Loan Trust Fund $ 17,500

Total $265,491

SECTION IV

The following amounts are appropriated for the project:

Acquisition $252,617

Program Income Returned to Orange County $ 7,332

Program Participants Escrow Set Aside $ 2,891

Operations $ 2,651

Total $265,491

SECTION V

The Finance Director of the Town of Chapel Hill is hereby directed to maintain within the Project Fund sufficient detailed accounting records to provide the accounting to Orange County as required by the HOME and Housing Bond Programs.

SECTION VI

Funds may be advanced from General Funds for the purpose of making payments as due. Reimbursement request should be made to Orange County in an orderly and timely manner.

SECTION VII

The Town Manager is directed to report annually on the financial status of the project in Section IV and on the total revenues received.

This the 24^th day of May, 2004.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2003 (2004-05-24/O-2)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled “An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 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

HOUSING LOAN TRUST FUND

Transfer to Transitional Housing 0 17,500 17,500

REVENUES

HOUSING LOAN TRUST FUND

Appropriated Fund Balance 399,892 17,500 417,392

This the 24^th day of May, 2004.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2003” (2004-05-24/O-3)

This the 24^th day of May, 2004.

A RESOLUTION AUTHORIZING THE MANAGER TO PROVIDE $10,000 IN FUNDING TO THE CHAPEL HILL PUBLIC ARTS COMMISSION FROM RECEIPTS OF A $10,000 GRANT FROM THE NATIONAL ENDOWMENT FOR THE ARTS (2004-05-24/R-3)

WHEREAS, in 2003, the Town acted as the applying agency for a National Endowment for the Arts grant to assist the Chapel Hill Public Arts Commission’s Artist in Residence program; and

WHEREAS, the program has now concluded and it is time to reconcile the program’s finances;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to provide $10,000 to the Chapel Hill Public Arts Commission upon receipt of $10,000 from the National Endowment for the Arts.

This the 24^th day of May, 2004.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2003” (2004-05-24/O-4)

A RESOLUTION AUTHORIZING THE MAYOR TO SIGN THE ANNUAL AUDIT CONTRACT FOR FISCAL YEAR 2003-04 (2004-05-24/R-4)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Mayor to sign a contract with the Certified Public Accounting firm of McGladrey and Pullen, LLP in an amount not to exceed $45,000 if the Town has no additional major State or federal programs from last year and to accept a fee of no more than $2,500 for any single additional major State or federal program.

This the 24^th day of May, 2004.

AN ORDINANCE AMENDING SECTION 21-35, LOADING AND UNLOADING OF DELIVERY VEHICLES, OF CHAPTER 21 OF THE TOWN CODE OF ORDINANCES (2004-05-24/O-5)

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

Section 1. Section 21-35 of the Town Code of Ordinances, “Loading and unloading of delivery vehicles”, is hereby amended by adding the following in alphabetical order:

“(m) The space along the west side of North Graham Street from a point 187 feet north of northern curb line of West Franklin Street to a point 217 feet north of northern curb line of West Franklin Street”

Section 2. This ordinance shall become effective July 1, 2004.

This the 24^th day of May, 2004.

A RESOLUTION ENDORSING A CONCEPTUAL PLAN FOR THE RELOCATION OF HIGHLAND WOODS ROAD, REQUESTING STATE FUNDING FOR CONSTRUCTION OF THE IMPROVEMENT PROJECT, AND AUTHORIZING THE TOWN MANAGER TO WORK WITH THE UNIVERSITY OF NORTH CAROLINA TO SECURE DEDICATION OF RIGHT-OF-WAY NECESSARY FOR THE RELOCATION PROJECT (2004-05-24/R-5)

WHEREAS, the Council of the Town of Chapel Hill has received a petition for relocation of Highland Woods Road; and

WHEREAS, the Highland Woods neighborhood supports the relocation of Highland Woods Road; and

WHEREAS, the Council received a staff report on May 24, 2004 including design alternatives for the relocation of Highland Woods Road;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council endorses the Alternative #1 conceptual plan for the relocation of Highland Woods Road as attached hereto.

BE IT FURTHER RESOLVED that the Council requests State funding for the proposed relocation project that would benefit the State road system.

BE IT FURTHER RESOLVED that the Council authorizes the Town Manager to work with the University of North Carolina to secure dedication of right-of-way necessary for the relocation project.

BE IT FURTHER RESOLVED that the Council directs the Manager to report back before the end of 2004 with the status of the endorsed project and associated State funding request.

This the 24^th day of May, 2004.

A RESOLUTION REJECTING A BID PROPOSAL FROM DIGITAL RECORDERS FOR A REAL-TIME PASSENGER INFORMATION AND AUTOMATIC VEHICLE LOCATION SYSTEM AND AUTHORIZING THE MANAGER TO RE-ISSUE A REQUEST FOR PROPOSALS (2004-05-24/R-6)

WHEREAS, the Town has received grant funding to implement a Real-Time Passenger Information and Automatic Vehicle Location System for Chapel Hill Transit; and

WHEREAS, the Town received only one proposal for the proposed project; and

WHEREAS, this proposal was over budget; and

WHEREAS, further staff discussion determined that modifications and revisions were necessary for the specifications;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council rejects the current proposal from Digital Recorders for a Real-Time Passenger Information and Automatic Vehicle Location System.

BE IT FURTHER RESOLVED that the Council authorizes the Manager to revise project specifications and re-issue a request for proposals.

This the 24^th day of May, 2004.

A RESOLUTION DIRECTING EXPEDITED PROCESSING IN THE REVIEW OF SPECIAL USE PERMIT APPLICATION FOR THE HOLY TRINITY LUTHERAN CHURCH (2004-05-24/R-7)

WHEREAS, the Town of Chapel Hill has received a petition for the Holy Trinity Lutheran Church requesting expedited processing of a Special Use Permit application seeking approval of a new sanctuary building; and

WHEREAS, the proposal would satisfy a public purpose objective;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is directed to expedite processing of a Special Use Permit application for the Holy Trinity Lutheran Church in a manner that will speed review without sacrificing breadth or depth of analysis.

This the 24^th day of May, 2004.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2003 (2004-5-24/O-6)

This the 24^th day of May, 2004.

A RESOLUTION REGARDING A REQUEST FROM RESIDENTS OF SHADY LAWN ROAD TO MOVE FORWARD TO AN EARLIER DATE THE INSTALLATION OF SIDEWALKS ON SHADY LAWN ROAD (2004-05-24/R-8)

WHEREAS, the Town Council has established a vision for the development of a comprehensive pedestrian and bicycle network in Section 10 A-2 of its Comprehensive Plan adopted May, 2000; and

WHEREAS, on September 8, 2003, the Town Council adopted a sidewalk and bicycle facilities construction plan for 2003-2004;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council refers the petition to the Bicycle and Pedestrian Advisory board for consideration as it develops the Bicycle and Pedestrian Action Plan, and that the Council confirm its intent to pursue the future construction of sidewalks through an annual construction plan guided by the objectives and recommended actions of the Bicycle and Pedestrian Action Plan.

This the 24^th day of May, 2004.

Item 5 - Information Items

Regarding 5b, Update on Activities regarding the Old Chapel Hill Cemetery, Council Member Verkerk noted that UNC had contributed $100,000 and the Town had contributed $50,000 toward improving the Old Chapel Hill Cemetery. Committee members had unanimously agreed that it looked better now than it had in 5 years, she said, adding that Curtis Brooks and the Town Public Works Department deserved the credit. Council Member Verkerk presented slides, which showed crumbling dry-stacked walls and areas where stonewalls had disappeared completely, but said that some areas had been repaired.

Council Member Verkerk stated that a plaque signifying the historic African American cemetery would soon be installed. Eroding areas had been repaired, she said, and there would be a buffer between the road and the graves. Council Member Verkerk discussed issues of maintenance and lighting. She said that the Committee was addressing the broken fences and gravestones and were deciding what to do with some "orphan tombstones" that had lost their graves.

Council Member Verkerk pointed out that there were no rules about what could be placed in the Old Chapel Hill Cemetery and that policy decisions would have to be made about what is appropriate. This is a site where blacks and whites were buried together for the first time in North Carolina and maybe even in the south, she said. Council Member Verkerk explained that the Committee had been searching church records to recover names of people who were buried there. They were also thinking about a memorial and were trying to find ways to prevent vandalism, she said.

The Information Reports were accepted by consensus.

Item 6 - Continuation of a Public Forum on a Proposal to

Rename Airport Road to Martin Luther King, Jr. Boulevard

Mayor pro tem Wiggins, Chair of the Naming Committee, explained that tonight would be a continuation of the public forum that began on April 19, 2004. The Council had expressed a desire that all residences on Airport Road receive notification that the Naming Committee and the Council were considering a request by the local chapter of the NAACP to rename Airport Road, she said. Mayor pro tem Wiggins pointed out that notices had been sent to all Airport Road businesses and residents. The Council was continuing the public forum to give those who had received a notice a chance to respond, she said. Mayor pro tem Wiggins stated that the Committee anticipated having to reconvene after receiving tonight's public hearing and would bring a recommendation back to the Council on June 14, 2004.

Jan Cosby stated her opposition to renaming Airport Road. Her reasons were the history of the current name and the cost to taxpayers and individuals who will be affected, she said. Ms. Cosby objected to the manner in which the proposal had been handled, stating that many Council members had made up their minds before soliciting citizen input. She stated that some had refused to listen to reservations on the part of residents and businesses or to consider suggestions of other ways to honor Dr. Martin Luther King, Jr. Ms. Cosby reminded Council members that they had been elected to represent all of Chapel Hill's citizens, not just some. She asked that they listen with an open mind to what everyone had to say. The Council had underestimated the number of people who would be affected and had oversimplified the process of changing addresses, she said. Ms. Cosby also objected to this item being referred back to the Naming Committee.

Charles Carver, explaining that he had a Black son-in-law and about to become the grandfather of an adopted bi-racial child, emphasized that he was not a racist. Without Dr. King, his family would not be where they are today, he said. Mr. Carver predicted that the name change would cause him much inconvenience and would cost about $5,000 in out-of-pocket expenses. He agreed that the Town should honor the work of Dr. King, but not by changing the name of Airport Road, he said. Mr. Carver suggested dedicating the Town Hall or the Public Library to Dr. King. He noted the more than 700 people who had signed a petition opposing the renaming. Mr. Carver implored Council members not to divide the Town on this issue.

Becky Johnson described the renaming process as "more than flawed." She said that it had lacked input from those most directly affected by the changes. Ms. Johnson told Council members that she had lived on Airport Road for the entire 34 years of her life, and her sister read the balance of her written remarks. In her statement, Ms. Johnson argued that a road was not a dignified way to honor Dr. King's legacy. It would be more appropriate to name a school, library, park, or camp after him, she said. Ms. Johnson asserted that the proposal to rename Airport Road had "come in very low under the radar of citizens of Chapel Hill, especially residents and business owners." She described this as a costly and a frivolous way to spend taxpayers' money.

Michael Montague, a seven-year resident of Airport Road, described the benefits associated with the renaming as "ephemeral" and "entirely immaterial." Mr. Montague said that he expected to see material benefits from a proposition that has material costs.

Northside resident Charlie Kast, a minister at the Community Church but speaking as an individual, expressed support for the renaming of such as substantial and visible road in memory of Dr. King. He suggested that the issue not be seen in racial terms but as a suggestion to name the road after a man who gave his life in service to all Americans. Dr. King tried to bring people together and to confront racism, separatism and the lie of separate but equal, said Rev. Kast. He argued that the renaming was the very least the community could do and that the cost and inconvenience was small compared to what Dr. King had paid.

Chapel Hill resident Ashley Osment supported renaming the road, she said, because it was the right thing to do. In any poll asking people to name a 20^th century American who stood for peace, equality, justice and freedom, people would reply that it was Dr. Martin Luther King Jr., she said. "That's not ephemeral and that's not immaterial. That's huge." Ms. Osment remarked that the sense of place that many people have was not something to belittle or deny. She suggested that the Chamber of Commerce distribute a list of businesses along Airport Road so that citizens could patronize and support their efforts to change the name.

Robert Porter expressed support for the renaming of Airport Road, commenting that Dr. King was a man who speaks to our own time in a thousand ways. Dr. King had given up his life fighting for working people, he said, noting that Dr. King had been assassinated in Memphis while standing up for striking sanitation workers. Mr. Porter pointed out that Dr King had reminded people that you cannot have a first class nation as long as you have second class citizens. In an earlier time, a man of Dr. King's greatness would have had a town, county, or perhaps an entire state, named after him. Thousands of roads have been named after Dr. King, Mr. Porter pointed out, and not all of them have been through predominately African American neighborhoods. He described it as "troubling" that Chapel Hill, known for its progressive ideals, had been so far behind on this issue. The Town really needs to catch up and give Dr. King this much-deserved honor, Mr. Porter said.

Bishop L. Gene Hatley pointed out that if the Council were to base its decision on the number of people who come forward to support or oppose this idea then the supporters would lose, since those who support it are less resourceful in getting their message out. Those who support the proposal would also lose if the decision is based on the cost and inconvenience that the renaming would cause, he said. Bishop Hatley urged Council members to support the renaming because of the ideals that the Chapel Hill community promotes. He commented that a building represents stagnation and a camp represents a free-flowing environment for fun, play and learning. But a street would represent ongoing movement from one point to another, he said, adding that this is the kind of connecting force that would please Dr. King. Bishop Hatley stated that the naming was long overdue.

John Maddry told Council members that he had lived on Airport Road for 70 years. He opposed changing the name, he said, because he has already had to changing his address several times even though he has never moved out of that house. Mr. Maddry suggested changing the name as a memorial to Dr. King, but without changing the address. He asked how many people in the room, who lived or owned businesses on Airport Road, were in favor of the change. A few people raised their hands, one of whom was Council Member Kleinschmidt, who lives on Airport Road. Mr. Maddry noted that the Town Council was also considering names for Parking Lot #5. He proposed that this might be a good place to name after Dr. King.

Stephen Largent read a letter opposing the change that he and his family had written to the Town Council the prior month. The letter stated that the renaming issue seemed to have come up abruptly and arbitrarily and should be settled by public opinion rather than by the Council. Mr. Largent said that a few Chapel Hillians who seem to have self-serving interests were pushing the issue and that the Council appeared to be listening to that small group rather than the rest of the Town. He stated that none of the Naming Committee or any Town Council members who support this change live or own a business on Airport Road. Mr. Largent wondered how they would feel about renaming the road if they did.

Eugene Farrar, representing the National Association for the Advancement of Colored People (NAACP), said that African American history is often not taught and recognized as it should be. He noted, for example, that Hank Aaron was the "homerun king" but that most people would say it was Babe Ruth. Mr. Farrar explained that he had lived on Airport Road for more than 60 years. He recalled walking right past the "whites only" Chapel Hill High School to go to Lincoln High School, he said. Mr. Farrar said that the NAACP had already indicated their support for this idea. He expressed confidence that the Town Council would "do the right thing" and rename the road after Dr. King.

Mildred Council, owner of Mama Dip's Kitchen, said that renaming Airport Road goes deeper for her than for many in Town because she recalls when black men built that street with picks and shovels. That was a rocky road, Ms. Council said, but changing the name to Martin Luther King, Jr. Boulevard would show that the road of hardship had become the road to success. Ms. Council also suggested that the Town place signs at the peripheries of Town directing people to the downtown area. Many who call her restaurant for directions think that downtown Chapel Hill is just Franklin Street, she said.

Brenda Jo Brown explained that she had not meant, when referring to "MLK Boulevard" at the last public hearing, that the road should be named anything less than Martin Luther King, Jr. Boulevard. She had only used the abbreviation to save time. Ms. Brown stated that it was trivial to discuss money in the context of discussing a man who had given his life so that people of all races could be together as they are today. She was tired of hearing objections from residents and business owners, she said. "Let me tell you. You do not own Airport Road. You merely live alongside Airport Road," she said. Ms. Brown noted that her taxes were going to the upkeep of Airport Road and that she had just as much stake as anyone else did in its renaming. She works for the post office, she said, and knows that you merely have to write your new address on the back of your bills, where indicated, and it costs nothing. Ten to fifteen dollars for a set of business cards cannot compare to what Dr. King has done so that everyone can be together in this room today, she said. Ms. Brown stated that she would be happy to name a park or a school after Dr. King, but Airport Road should be named after him as well.

Joe Herzenberg thanked the Town Council for all their work. He pointed out that this was one of those Council decisions that is not easy to make. Mr. Herzenberg expressed support for renaming the road but suggested that the memorial be something grander. The Public Library might be worth considering, he said, or perhaps a school.

Colony Woods Drive resident Diane McArthur spoke in opposition to the renaming and asked Council members to find another way to honor Dr. King. Patients and clients do not come with a preaddressed change of address label, she said, noting that it would cost time and money for many medical and other professional practices to make this change. Ms. McArthur asked the Council to start the discussion over again. She suggested that tonight's comments not go back to the Naming Committee and described that as "a bit like sending the fox to guard the hen house." Ms. McArthur said she believed that many on the Committee had already formed opinions. She expressed skepticism that they would fairly evaluate and respond to the concerns of those with differing points of view.

Airport Road resident Mary Wakeford, who owns rental property on Airport Road, spoke in favor of the proposal. She noted that Airport Road was the major entrance from the north into Town and the first impression that visitors get when they enter Chapel Hill. To name it Martin Luther King, Jr. Boulevard would be "highly appropriate," she said. Ms. Wakeford urged the Town to make this change and honor Airport Road with one of the heroes of the 20^th century.

Chip Foushee, who owns a United Parcel Service (UPS) store at the Chapel Hill North Shopping Center, explained that 200 people rent mail boxes from him and that each of those would have to get new business cards, new brochures, new invoices, and change their addresses on websites. Mr. Foushee predicted that Airport Road businesses would have to raise prices due to the extra expense. He has two young sons who know much about Dr. King, he said, and they had reached this awareness through conversation and prayer in his home. But he did not like changing the name and did not want to pay for it, Mr. Foushee said. He suggested naming a memorial highway, park, or fountain after Dr. King.

Aaron Nelson, director of the Chapel Hill Carrboro of Commerce, said that the Chamber's Board of Directors had unanimously voted to support naming a public facility in Chapel Hill after Dr. King. They would encourage the Council to do so no later than the end of September 2004, he said. Mr. Nelson suggested that the facility be determined through broad public discussion. And if no other alternative arises, the Camber would support renaming Airport Road for Dr. King to recognize the important contributions he has made to the community, Mr. Nelson said. He added that the Chamber Board also recommended that the renaming take place no more than 18 but no less than 12 months from the time the decision is made. That way, businesses can phase the expense in over time, he said. Mr. Nelson stated that he, personally, hoped there would be another place that would have a reflecting pool, a statue and Dr. King's words written on the wall. And, he added, maybe rename Airport road as well. Mr. Nelson suggested that the Town find a way to do better in this regard than most other communities.

Jeremy Collins told Council members that he had been a student at UNC and a member of the community for much of his adult life. He praised the mix of cultures in Town and said that he had wondered why something like the renaming had not been done before now. Mr. Collins expressed hope that Chapel Hill would be proactive enough to not be a city that allows Martin Luther King, Jr. Boulevard to separate the bad from the good parts of Town. He said that this is how such roads are placed in most other cities, including Durham. Mr. Collins stated that there were "confederate eyesores" at UNC, such as buildings named after salve masters. He also noted that there are unmarked graves for slaves in Town and that people do not even know where those are. Mr. Collins expressed concern about a Town that is so progressive in thought, rich in culture, and at the forefront of the 21^st century having "a very 1960s, don’t want to integrate schools, don't want to mix with black folk, and don’t want to step out of our comfort zones mentality."

Stephen Dear described the renaming as a proclamation of the kind of values that are needed in America. He argued that such things as concern about economic justice and concern about nonviolence cannot be taken for granted and are more important than the economic concerns of the businesses along Airport Road. Mr. Dear urged the Council to rename Airport Road in honor of Dr. King, who upheld the best in everyone.

Bill Thorpe stated that he was proud of those who had come forward tonight and spoken in favor of renaming Airport Road. He verified with Town Engineering Director George Small that an individual's street number and zip code would not change even if the name of the street changed. Mr. Thorpe thanked Council members for their patience and urged them to complete the process on June 14^th by coming back with a decision.

Dave Walker stated that he had been called a racist at the earlier public hearing because he had expressed opposition to the name change. He has a black son-in-law and two black grandchildren, he said. "I'm not a racist, but if they keep calling me a racist I'm gonna be one before it's over," Mr. Walker said. He explained that his two black grandchildren had asked why some were considering renaming Airport Road. "I have no idea why," he had told them, he said, adding that he told them that it was because the NAACP wanted it. Mr. Walker stated that Dr. King was a great man and agreed that something should be named after him. He argued, though, that renaming the Airport Road would split the Town apart and cause people on both sides to look at each other differently. "Which I'm starting to do," he remarked. Mr. Walker suggested naming something else after Dr. King, something that would pull the Town together rather than driving it apart.

Council Member Greene, a Naming Committee member, said that she, too, had once viewed naming another street after Dr. King as a trivial gesture. But, she pointed out that almost all of those streets are on the poor black sides of American towns. Council Member Greene explained that she had reached the conclusion that renaming Airport Road would be a truly creative response. She noted that streets and mobility have been important to the civil rights movement and that African Americans have always viewed the struggle for freedom and civil rights as a journey.

Council Member Greene understood that the costs were real, she said, but cost is not always measured in dollars and cents. She stated that she was comfortable endorsing the resolution because she had given it a lot of thought and believed it was in the best interests of all. She expressed support for a long transition to the new name as well as the suggestion to have two street signs. Council Member Greene also praised the idea of citizens having conversations about relationships with one another. This was a grand opportunity in Chapel Hill, she said, adding that she was grateful to be on the Council at this time. Council Member Greene noted that a speech she had given on this topic was available on her website, at Sallygreene.org.

Council Member Kleinschmidt stated that the "unfortunate misperception" by some that this had come in under the radar was "absolutely not true." The renaming had been discussed in newspapers in November and had been before the Council ever since. They had decided at the April public hearing to mail out postcards, he said, adding that he had received one at his home on Airport Road. Council Member Kleinschmidt said that the process the Council and Naming Committee had undertaken, even to the point of delaying the decision on this, was an accommodation to those who thought the process was moving too fast. And he had never anticipated that the renaming, if it happens, would happen fast with no time for businesses and residents to respond appropriately and exhaust their letterheads and business cards, he said.

Council Member Verkerk asked what groups the Naming Committee had met with. Mayor pro tem Wiggins replied that they had met with the NAACP.

Council Member Strom said that he was comfortable with the recommendations that the Naming Committee had made and proposed sending the item to the staff to bring back for Council action.

Mayor pro tem Wiggins replied that if it were sent back to the Naming Committee they would consider what they had heard, determine timelines, and ask the staff to prepare a resolution or action for the next meeting. She said, however, that it was fine with her if the Council wanted to send it to the staff. However, sending it back to the Committee would give integrity to the public process, she said. Mayor pro tem Wiggins explained that the Committee would state that they had heard public comment, reaffirmed their position or consider other things, and pass their opinion onto the staff to prepare the memo to bring back to Council.

Mayor Foy suggested doing that.

Council Member Verkerk stated that an "initial flaw" was the Committee's name. The Town would not be in the sort of quagmire it was if it had not appeared to start with the goal of renaming Airport Road rather than finding a way to honor Dr. King, she said. Mayor Foy replied that the Naming Committee was a standing committee.

Several Council members began to comment, but Mayor Foy suggested that they recess the public forum and continue the debate on June 14, 2004. He proposed asking the Naming Committee to listen to all public comment and then draft a response for the Council to consider on June 14, 2004.

Council Member Harrison agreed that the item should go back to the Naming Committee. He commented that this was finally beginning to feel like a deliberate and thorough Chapel Hill process.

Council Member Harrison stated that the Town would have to work in some detail with the Postal Service to get this straight and that doing so would take some time. He recommended that the Naming Committee figure out how to deal with the Postal Service. Council Member Harrison said that he was not yet ready to commit to renaming the road because he had not seen a process worked out for mitigating the effects.

COUNCIL MEMBER HILL MOVED, SECONDED BY COUNCIL MEMBER STROM, TO RECESS THE PUBLIC HEARING TO JUNE 14, 2004, AND TO REFER COMMENTS AND SUGGESTIONS TO THE NAMING COMMITTEE FOR A RESPONSE TO COME BACK ON JUNE 14, 2004. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 7 - Proposed Draft Ordinance regarding Lobbying,

and Ethical Guidelines for Elected Officials

Town Attorney Ralph Karpinos explained that this agenda item suggested that the Council consider holding a public forum on this matter on June 14, 2004. But the Council could consider another route, including enacting O-7 this evening, he said. Mr. Karpinos stated that the ordinance contained two different articles, one on lobbying and the other on ethical guidelines. With regard to the lobbying regulations, he said, the ordinance would propose that paid lobbyists be required to register and report quarterly to the Town Clerk regarding their lobbying activities. Mr. Karpinos noted the key point that representatives of public agencies would be encouraged to register and make reports. Also, if people who are not registered lobbyists contact Town officials then the Council and other Town officials would be required to report those contacts to the Town Clerk, he explained.

Mr. Karpinos stated that the ethical guidelines also propose that elected officials disclose any communications they have with governmental officials or the University. This shifts the burden from the lobbyist to the elected official, he pointed out. The guidelines say that elected officials should discloses gifts, favors, and gratuities if those items could be construed as intended to influence municipal decisions. Mr. Karpinos pointed out that the Town already had an ordinance prohibiting the receipt of these items. But the guidelines state that a municipal official should disclose that such gifts had been offered if the offering seems intended to influence a decision, he said. Mr. Karpinos noted that the guidelines included not accepting any gift, favor or gratuity exceeding $80 per quarter and avoiding and disclosing quasi-judicial communications.

Council Member Hill asked how the Committee had arrived at the $80 limit. He recalled that it had been in relation to making it possible to receive two basketball tickets.

Council Member Greene concurred that basketball tickets had been part of the discussion. The Committee had begun with a limit of $50, she said, but had raised it due to the basketball ticket discussion. Council Member Greene suggested that the Council discuss that at another time when they were not all so exhausted.

Council Member Ward asked about the distinction between profit and non-profit organizations. Mr. Karpinos replied that anyone who is a paid employee is a paid lobbyist. But a board member who is not receiving any compensation would not be subject to the ordinance, he said.

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

A RESOLUTION CALLING A PUBLIC FORUM FOR JUNE 14, 2004, TO CONSIDER LOBBYING REGULATIONS AND NEW DISCLOSURE AND ETHICAL GUIDELINES (2004-05-24/R-9)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council calls a public forum for June 14, 2004, at 7 pm in the Council Chambers of Town Hall to receive public comment on a proposed new Ordinance establishing lobbying regulations and additional Council ethical and disclosure standards.

BE IT FURTHER RESOLVED by the Council that the proposed ordinance is referred to the Town Manager to provide a report, for the June 14, 2004, forum on:

the estimated administrative record keeping impact of the proposed ordinance on Town staff required to report contacts with lobbyists; and,
the estimated record keeping responsibilities in the Town Clerk’s office created by the proposed ordinance.

This the 24^th day of May, 2004.

Item 8 - Response to a Petition from WCOM Community Radio regarding

the Process for Review of an Application for a Radio Transmissions Facility

Mr. Horton pointed out that this issue had come to the Council at a rapid pace because of the petitioner's need for a quick decision.

Planning Director Roger Waldon reported that the petitioners had recently told the staff that they need 16 feet on top of the 73-foot tower, for a total of 89 feet. If the Council was inclined to make this happen, said Mr. Waldon, they could instruct the staff to adjust the guidelines for approving telecommunication towers as accessory uses. He said that the Council could make it clear that a telecommunications antenna that adds more than 20 feet in height can be considered an accessory use on top of an athletic facility light pole, with the aesthetic guidelines already specified. Mr. Waldon commented that the Town would likely receive additional requests if the Council made that change.

Council Member Strom verified that the same aesthetic guidelines would apply to any new requests. The Town's professional staff would maintain total control over what these would look like, he said. Mr. Waldon stated that the language says it cannot be of a type or nature that dominates the site visually, architecturally, or in terms of overall massing. Mr. Horton remarked that if someone disagreed with a staff disapproval they could appeal to the Council.

Mayor Foy asked how much discretion the Council would have in such a situation. Mr. Horton replied that the Council probably would send the application through a SUP process.

Council Member Ward asked what kinds of things would have been allowed and/or problematic for the staff to approve if this change had been made a year ago. Mr. Waldon replied that he had not had one like this before so he could not point to specifics. In general, the use of this policy had resulted in favorable outcomes because it offers a procedural incentive to do something that is visually unobtrusive, he said. Mr. Waldon pointed out that applicants must abide by the guidelines or face a long SUP application process. Council Member Ward verified that this would not lead to antennas being accepted that would not currently be acceptable. Mr. Horton commented that the equipment was getting smaller and more sophisticated. There might be more approvals because more of it will meet the guidelines and not be objectionable, he said.

Council Member Harrison asked how the Council could make the change. Mr. Waldon replied that they could resolve to instruct the Manager to amend the guidelines to allow a 20-foot vertical addition to athletic field lights. Mr. Horton commented that a simple motion by the Council would be sufficient without a resolution.

COUNCIL MEMBER HARRISON MOVED, SECONDED BY COUNCIL MEMBER STROM, TO INSTRUCT THE STAFF TO ADJUST THE GUIDELINES TO 20 FEET SO THAT AN EXISTING ATHLETIC FACILITY LIGHT POLE COULD BE USED FOR ACCESSORY USE. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 9 - Report on Adjustments of Regulations

Related to Construction of Duplex Dwelling Units

Mayor Foy noted that this item did not call for action this evening. It required more than two minutes of consideration, he said, and he suggested deferring it. Council members agreed to defer the item.

Item 10 - Consideration of Referring University’s Carolina North Presentation

to the Horace Williams Citizens Committee for Review

Mayor Foy suggested that the Council refer UNC's Carolina North presentation to the Horace Williams Citizens Committee and instruct the Committee to line up their goals, strategies and principles with UNC's concept plan and see how they align. He recommended that the Committee do some work on this before the Town receives an application from the University, noting that UNC representatives had said they might send an application in before the end of the year.

Council Member Verkerk verified that Mr. Horton would continue providing staff support to the Horace Williams Committee if the Council referred this to them.

Council Member Harrison asked Mayor Foy if the University intended to submit a full application before the end of the year. Mayor Foy replied that he believed that was their preference.

COUNCIL MEMBERS AGREED BY CONSENSUS TO REFER THE UNIVERSITY'S CAROLINA NORTH PRESENTATION TO THE HORACE WILLIAMS COMMITTEE.

Item 11- Appointments:

11a. Chapel Hill Public Arts Commission: Jennifer Horney, Colleen Black-Semelka, Bibb Latane, Richard Robinson, Pamela Pease, and Debbie Hepp were appointed.

Council Members

Board or Commission

Foy

Greene

Harrison

Hill

Kleinschmidt

Strom

Verkerk

Ward

Wiggins

TOTAL

Colleen Black-Semelka

Roland Giduz

Debbie Hepp

Jennifer Horney

Kathryn James

Bibb Latané

Laura Noyes

Pamela Pease

Richard Robinson, Jr.

Matthew Scheer

Wilhelmina Steen

Elizabeth Taylor

Other; please list:

11b. Historic District Commission: Roldan Giduz, Branson Hobbs and Stephen Rich were appointed.

Council Members

Board or Commission

Foy

Greene

Harrison

Hill

Kleinschmidt

Strom

Verkerk

Ward

Wiggins

TOTAL

Roland Giduz

Branson Hobbs

Morgan Metcalf

Stephen Rich

Shawn Thompson

Other; please list:

11c. Library Board of Trustees: William Holton and Brandon Rector were appointed.

Council Members

Board or Commission

Foy

Greene

Harrison

Hill

Kleinschmidt

Strom

Verkerk

Ward

Wiggins

TOTAL

Martha Conway

William Holton

Brandon Rector

Wilhelmina Steen

Item 12 – Petitions

There were no petitions presented by the Mayor and Council, or the Manager and Attorney.

The meeting adjourned at 10:35 p.m.