SUMMARY MINUTES OF A BUSINESS MEETING

SUMMARY MINUTES OF A BUSINESS MEETING

OF THE CHAPEL HILL TOWN COUNCIL

THURSDAY, DECEMBER 12, 2002, 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 Acting Town Manager Sonna Loewenthal, Assistant Town Manager Florentine Miller, Town Attorney Ralph Karpinos, Assistant to the Manager Bill Stockard, Transportation Planner David Bonk, Fire Chief Dan Jones, Planning Director Roger Waldon, Engineering Director George Small, and Town Clerk Joyce Smith.

Mayor Foy explained that tonight would be an attenuated meeting because of the recent ice storm and resulting loss of power throughout Chapel Hill. He noted that the ice storm had caused the Council’s scheduled December 9 meeting to be delayed until tonight. Mayor Foy noted that discussion of the Land Use Management Ordinance scheduled for December 9 would be deferred to January 6, 2003.

Item 1 - Update on Ice Strom Recovery Activities

Acting Town Manager Sonna Loewenthal explained that Town Manager Cal Horton was not present because of a death in his family. Ms. Loewenthal introduced Assistant Town Manager Florentine Miller to give a status report on Chapel Hill's continuing efforts to recover from the ice storm of December 4, 2002.

Ms. Miller reported that the storm had left thousands of residents without electricity and other essential services. She said that Mayor Foy had declared a State of Emergency in Chapel Hill and that preliminary estimates for storm-related costs were $500,000 to $750,000. Ms. Miller reviewed the Town's efforts to prepare for the storm, its response afterward, and its ongoing efforts to recover. She thanked Town employees for continuing to provide services during the critical period, and she thanked radio station WCHL for providing critical information to the community.

Mayor Foy commended staff members for their work during the crisis, especially transit workers, firefighters, police officers, and public works employees. He praised the Town Clerk and her staff for doing "a wonderful job of giving the impression that Town Hall was functioning normally even though it was very dark and cold inside the building.

Council Member Kleinschmidt inquired about the 198 fire-related calls that Ms. Miller mentioned in her presentation. Ms. Loewenthal explained that only four of those calls were for actual fires. The rest were fuel-related and potential fire issues, she said.

Mayor Foy introduced Scott Gardner, of Duke Power Company, to give an update on storm clean-up and a perspective from Duke Power's point of view.

Mr. Gardner explained that there were more than 4,000 Duke Power customers still without power in Orange County but that the number should be half that by the following morning. He expressed confidence that all power would be restored by midnight the following night. Mr. Gardner explained that 39,000 of Duke Power's 40,500 Orange County customers had been without power at one point. The Company had increased its normal work crew of about 40 people to about 550, he said, adding that this had been the largest emergency storm in Duke Power's history. Mr. Gardner thanked Orange County customers for their patience and the Town of Chapel Hill for its support and cooperation.

Council Member Verkerk asked Mr. Gardner to share Duke Power's assessment of its response to the crisis once it has been completed.

Mayor pro tem Evans clarified that there had been only about 1,000 of Duke Power's Orange County customers with power after the storm.

Council Member Strom inquired about a possible "special assessment" to help the company pay for the cleanup. Mr. Gardner replied that Duke Power would absorb the costs rather than passing it on to customers.

Council Member Bateman inquired about how Duke Power prioritizes repair calls. Mr. Gardner explained the process as follows: First, major medical facilities and hospitals are restored; then police and fire facilities, followed by roadways, wastewater treatment plants, and commercial centers where people need to get supplies. After power has been restored in those areas, he said, they begin working from the substations out, one line segment at a time, repairing the tap lines that have the largest number of customers on them first. If someone is sick or old, he said, they pass that information out into the field. But, Mr. Gardner added, Duke Power encourages such people to find alternatives because it might be seven or eight days before service can be restored. He noted that many people had not been prepared for this kind of event.

Council Member Ward asked if having had buried power lines would have helped in terms of maintaining service and reducing restoration costs. Mr. Gardner replied that Duke Power would be looking at those numbers and would share that information.

Council Member Kleinschmidt suggested that Mr. Gardner tell people what lessons the company had learned from former experiences, such as Hurricane Fran, that they had applied in this storm.

Council Member Harrison noted that both BellSouth and Verizon phones were without service for a matter of days in his part of Town, and asked Mr. Gardner if he could explain why the loss of electrical service would cause phones to be out of order for the same period as electricity was out to an area. He said this was of concern because wireless service was working so poorly in that period. Mr. Gardner replied that phone companies' central offices and remote switch cabinets both require electricity, and that the power outages were so extensive that many of them, especially remote cabinets, were out of order.

Item 2 - Public Hearing - Forum on Fourth Draft,

Land Use Management Ordinance

COUNCIL MEMBER WARD MOVED, SECONDED BY MAYOR PRO TEM EVANS, TO OPEN THE PUBLIC FORUM. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO RECESS THE PUBLIC HEARING TO JANUARY 6, 2003. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 3 - Petitions by Citizens and Announcements by Council Members

3a.1. Joel Duvall regarding Parking and Traffic Issues at Columbia Place.

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

3b. Petitions by citizens on items on the agenda. None.

3c. Announcements by Council Members.

1. Council Member Strom. Council Member Strom reported on a National League of Cities Annual Congress of Cities Conference that he recently attended in Salt Lake City. The conference focused on the crisis of federal money not making its way to cities and towns, he said, adding that this was happening in virtually every state in the country. Council Member Strom commented that as the Bush Administration focuses on making federal tax cuts permanent, towns risk receiving diminished federal funding for key programs. He noted that such programs include federal transit and housing subsidies, federal aid to public safety, and federal healthcare programs. Council Member Strom noted that the Bush administration had created mandates for homeland security programs that do not have any specific funding associated with them. He stated that several municipalities around the country were discussing lay-offs.

Council Member Strom said that he had obtained much information that would be helpful to the Town. For example, he noted, a Universities Coalition group had many useful ideas for coordinating volunteers and setting up task forces and administrators to focus universities’ energies toward more community service. Also, Salt Lake City has an aggressive approach toward traffic calming, he said, adding that he had brought back examples of their Traffic Management, Neighborhood Speedwatch, and Neighborhood Pace Car programs. Council Member Strom noted that Salt Lake City has a Walkable Community Ordinance. He displayed one of the flags that citizens use to cross busy streets. Council Member Strom referred to information regarding on-street parking meters that allow people to buy passes from a solar powered vending machine. He noted that Salt Lake City never installs speed humps without a temporary speed hump having been in place for 30 days.

2. Mayor pro tem Evans. Mayor pro tem Evans announced that the Chapel Hill Holiday Christmas Parade would occur Downtown on Saturday at 10:00 a.m. That would be one of the days that the Town Council had designated for free parking, she pointed out.

3. Council Member Kleinschmidt. Council Member Kleinschmidt announced that artworks by Chapel Hill and Carrboro students were on display on most Town buses. He recommended that the Town continue to support this "new art museum."

4. Council Member Kleinschmidt. Council Member Kleinschmidt also noted that Chapel Hill had once passed a resolution for a moratorium on executions in North Carolina. Two people had been executed in the state during the last week, he said, but two others had been taken off death row. One was mentally retarded, he explained, and there is still some question about whether or not the other committed the crime. Council Member Kleinschmidt applauded the former Town Council for being one of the first communities to take a stand on this issue.

Item 4 - Consent Agenda

Council Member Ed Harrison removed 4g.

COUNCIL MEMBER HARRISON MOVED TO REPLACE RESOLUTION 8 IN AGENDA ITEM 4G WITH THE SUBSTITUTE RESOLUTION PROVIDED TO THE COUNCIL THIS EVENING.

Council Member Harrison said the reason he requested this substitute was because the substitute resolution matched the detail and force of the resolution already passed by neighboring local governments.

Mayor Foy noted that the substitute resolution did not alter the request or the Manager's recommendation, but merely clarified some of the issues, adding that it allowed the Transportation Advisory Committee to go forward with a unified voice because it conforms to what Durham County and Durham City have done.

THERE WAS NO OBJECTION FROM THE COUNCIL, AND THE SUBSTITUTE RESOLUTION, RENUMBER RESOLUTION 8, WAS INCLUDED WITH AGENDA ITEM 4G.

COUNCIL MEMBER VERKERK MOVED TO ADD LANGUAGE TO 4G SAYING THAT SIDEWALKS WOULD BE INCLUDED ON BOTH SIDES OF THE BRIDGE. THERE WAS NO OBJECTION.

COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT R-1 AS AMENDED TO INCLUDE THE SUBSTITUTE MOTION FOR 4G AND THAT 4G INCLUDE LANGUAGE ASKING FOR SIDEWALKS ON BOTH SIDES OF THE BRIDGE. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES (2002-12-12-/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.		Nominations to Various Boards and Commissions (R-2).
b.		Calling Public Hearing on Schools Adequate Public Facilities Ordinance (R-3).
c.		Joint Planning Agreement: Extension of Provisions Related to Annexation (R-4).
d.		Delay of Planning Board Recommendations on Pending Applications for Special Use Permits and Preliminary Subdivision Plats (R-5).
e.		Resolution to Increase Cablevision Public Access Fees by the Amount of the Inflation Factor (R-6).
f.	Budget Amendment and Resolution Authorizing Change Order for Jones Ferry Park/ Ride Lot (O-1); (R-7).
g.	Resolution Supporting Higher and Longer Bridge over New Hope Creek (R-8).
h.	Resolution Confirming Continued Appointment of Delegate and Alternate to Triangle J Council of Governments (R-9).
i.	Dedication of Sewer Easement on Town Property to the Orange Water and Sewer Authority (R-9.1).

This the 12^th day of December, 2002.

A RESOLUTION NOMINATING APPLICANTS TO VARIOUS ADVISORY BOARDS AND COMMISSIONS (2002-12-12/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:

Horace Williams Citizens Committee

John Boyer

Street Fair Review Committee

Paul Hepp

Greg Owens

Joyce Preslar

This the 12^th day of December, 2002.

A RESOLUTION CALLING A PUBLIC HEARING ON A SCHOOLS ADEQUATE PUBLIC FACLITIES ORDINANCE (2002-12-12/R-3)

WHEREAS, the Chapel Hill Town Council approved a Memorandum of Understanding to establish a Schools Adequate Public Facilities Ordinance; and

WHEREAS, a draft ordinance is ready for consideration by the Town Council;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council schedules a Public Hearing for 7:00 pm on January 22, 2003, to consider this proposed ordinance.

BE IT FURTHER RESOLVED that the Council requests the Planning Board to consider this proposed ordinance on January 7, 2003, to make recommendation that can be presented to the Council on January 22.

BE IT FURTHER RESOLVED that this schedule is contingent upon approval of the Memorandum of Understanding by the Orange County Board of Commissioners during December, 2002.

This the 12^th day of December, 2002.

A RESOLUTION AUTHORIZING AN ADDENDUM TO THE JOINT PLANNING AGREEMENT TO EXTEND THE ANNEXATION PROVISIONS OF THE AGREEMENT AN ADDITIONAL TWENTY YEARS (2002-12-12/R-4)

WHEREAS, Orange County, the Town of Chapel Hill, and the Town of Carrboro entered into a Joint Planning Agreement, dated September 22, 1987, as amended; and

WHEREAS, Carrboro, Chapel Hill, and Orange County have worked cooperatively since the adoption of the Joint Planning Agreement on matters related to annexation, as specified in the Agreement;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Mayor to execute, on behalf of the Town, the addendum to the Joint Planning Agreement contained in Exhibit A to this resolution, thereby extending the annexation provisions of the Joint Planning Agreement twenty years from the date of the execution of the addendum.

This resolution shall become effective upon adoption by the governing bodies of Orange County, Chapel Hill and Carrboro.

This the 12^th day of December, 2002.

A RESOLUTION AUTHORIZING AN EXTENSION OF TIME FOR THE PLANNING BOARD TO MAKE RECOMMENDATIONS ON A MAJOR SUBDIVISION APPLICATION AND A SPECIAL USE PERMIT APPLICATION UNTIL JANUARY 21, 2003 (2002-12-12/R-5)

WHEREAS, the Chapel Hill Town Council is scheduled to enact new zoning and subdivision regulations, the Land Use Management Ordinance (LUMO), on or about January 6, 2003; and

WHEREAS, the LUMO may establish new standards applicable to a special use permit application and a subdivision application that are now scheduled for consideration by the Planning Board prior to possible enactment of the LUMO; and

WHEREAS, unless the applicants provide written consent, both the current Development Ordinance and the proposed Land Use Management Ordinance require that the Planning Board make its recommendations on special use permit applications and major subdivision applications within 35 days of the meeting at which the Town Manager’s reports have been submitted to the Board or such further time as authorized by Council resolution; and

WHEREAS, this time limit would therefore likely result in the Planning Board being required to submit its recommendations on these two pending applications based on standards that will not be in effect at the time the applications are considered by the Town Council; and

WHEREAS, the Town Council finds that it is in the best interest of the Town that the Planning Board’s review of major subdivision and special use permit applications be based on the same development regulations that the applications will be subject to when considered by the Town Council;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Planning Board is authorized to delay making its written recommendation to the Town Council on the Creekside Subdivision and Rusch Road Special Use Permit applications until January 21, 2003.

This the 12^th day of December, 2002.

A RESOLUTION ADOPTING AN INFLATION ADJUSTMENT TO THE PUBLIC ACCESS FEE BILLED TO CABLE TELEVISION CUSTOMERS IN CHAPEL HILL (2002-12-12/R-6)

WHEREAS, on November 25, 2002, the Town Council held a public forum on whether to increase the cablevision public access fee; and

WHEREAS, a one-cent increase in the public access fee would generate about $1,500 in additional annual funds;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby increases the public access fees from 70 to 71 cents per month, beginning January 1, 2003.

This the 12^th day of December, 2002.

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE CHANGE ORDERS TO THE CONTRACT WITH JONES BROTHERS, INC. FOR AN ADDITIONAL $47,377 (2002-12-12/R-7)

WHEREAS, the Town of Chapel Hill has entered into a contract with Jones Brothers, Inc., as the general contractors of Jones Ferry Park/Ride Lot for $994,266; and

WHEREAS, anticipated changes orders will cause the contract to exceed the original contract price by more than $50,000; and

WHEREAS, during the construction of the park/ride lot, changes have been required and a change order has been negotiated for $232,377 with Jones Brothers, Inc.; and

WHEREAS, the Town Council at its meeting of October 7, 2002, approved a change order of up to $185,000 and a budget amendment to accommodate it;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is authorized to approve a final change order to the Jones Brothers contract for an additional $47,377.

This the 12^th day of December, 2002.

AN ORDINANCE AMENDING A PROJECT BUDGET FOR A TRANSPORTATION CAPITAL GRANT (2002-12-12/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 grant project is hereby amended as follows:

SECTION I

The Federal Transit Administration Urbanized Area Formula (Section 5307) funds are from 2002 federal funds from an agreement with the Federal Transit Administration.

SECTION II

The Manager of the Town of Chapel Hill is hereby directed to proceed with the implementation of the project within the terms of the grant agreements executed with the Federal Transit Administration and the funds appropriated herein.

SECTION III

Revenue anticipated to be available to the Town to complete activities as outlined in the project budget is amended as follows:

Current Revised

Budget Budget

Federal Transit Administration Grants $907,000 $ 907,000

N.C. Department of Transportation 113,375 113,375

Town of Chapel Hill (local match) 243,375 307,111

Total $1,263,750 $ 1,327,486

SECTION IV

Amounts appropriated for the project are amended as follows:

Current Revised

Budget Budget

Capital Construction Costs $ 1,263,750 $ 1,327,486

SECTION V

The Manager is directed to report annually on the financial status of the project in an information section to be included in the Annual Budget, and shall keep the Council informed of any unusual circumstances.

Copies of this project ordinance shall be entered into the Minutes of the Council and copies shall be filed within 5 days of adoption with the Manager, Finance Director and Town Clerk.

This the 12^th day of December, 2002.

A RESOLUTION IN SUPPORT OF ADEQUATE BRIDGE LENGTH FOR US 15-501 CROSSING OF NEW HOPE CREEK AND TRAILS (2002-12-12/R-8)

WHEREAS, the State of North Carolina Department of Transportation (NCDOT) in TIP Project U-4012 plans to expand US 15-501 to six lanes between Mt. Moriah Road and Garrett Road and such expansion will require removing and rebuilding the bridge across New Hope Creek; and

WHEREAS, the State of North Carolina Department of Transportation has issued an Environmental Assessment dated July 7, 2002, in which the recommended bridge alternative has a height of 8 feet, a length of 205 feet and a width of 122 feet; and

WHEREAS, the Chapel Hill Town Council adopted the New Hope Creek Corridor Preservation Plan and such plan anticipates the portion of the New Hope Creek corridor crossed by the bridge will provide both recreation trail and wildlife corridor amenities; and

WHEREAS, the New Hope Creek Corridor is recognized as providing a regionally significant wildlife corridor in the Piedmont by the State of North Carolina’s Natural Heritage Program; and

WHEREAS, the NCDOT recommended alternative combination of bridge length, height and width provides a wildlife crossing that is less protective than other bridges NCDOT has under construction in the New Hope Creek watershed, provides less wildlife protection than that called for in the most recent scientific literature; and

WHEREAS, the NCDOT recommended alternative is less protective than that recommended by the State of North Carolina Wildlife Resources Commission, the City of Durham, Durham County, the New Hope Creek Corridor Advisory Committee, the Durham Chapel Hill Carrboro Metropolitan Planning Organization Transportation Advisory Committee, and others (the Durham Open Space and Trails Commission and the New Hope Audubon Society); and

WHEREAS, the NCDOT recommended alternative bridge height is below that of the existing bridge, is below the recommended height for trail crossings in the Federal Highway Administration Enhancement Program as well as the standards of the American Society of Transportation Officials, is below the height of NCDOT’s I-40 crossing of New Hope Creek that is presently under construction, is below the height recommended by the organizations mentioned in the previous paragraph, will impair trail maintenance activities, will preclude use of the trail for equestrian activities in the future; and

WHEREAS, the public and private investments to protect the New Hope Creek Corridor have exceeded $4.5 million; and

WHEREAS, an increase of bridge length of 100 feet could protect public and private preservation investments of over three times the additional construction cost of a longer bridge; and

WHEREAS, the original bridge construction over New Hope Creek used large amounts of fill across the New Hope Creek floodplain which impacts the natural hydraulic and wildlife functions of the corridor; and

WHEREAS, the NCDOT Environmental Assessment does not consider the potential ecological and recreation advantages that could accrue were the new bridge to be constructed to remediate these extensive and previous environmental impacts; and

WHEREAS, the NCDOT Draft Transportation Improvements Budget (TIP) for 2004-2010 budgets $7,325,000 for this construction project, while current NCDOT construction estimates total only $6,850,000 for the project; and

WHEREAS, there presently exists an estimated $475,000 in the TIP project budget which could fund approximately one-half of the requested additional bridge length without impacting the project budget; and

WHEREAS, the NCDOT proposes to cross one of the most important natural corridors in the Triangle with a bridge that limits the New Hope Creek Corridor’s trail options and threatens the public and private investments made to establish a wildlife corridor in cooperation with Durham County, Orange County and the City of Durham;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council:

Requests the North Carolina Department of Transportation revise the Environmental Assessment to give due consideration of alternatives that provide better remediation of past environmental degradation along New Hope Creek; are more protective of the Town of Chapel Hill’s plans for use of the New Hope Creek Corridor, more protective of the public and private investments made to protect the corridor and more attentive to the environmental improvements associated with a longer bridge length.
Expresses its support for bridge alternatives with lengths longer than the NCDOT-preferred alternative that would be more cost-effective, protect previous public investments in the corridor, provide more environmental protection for wildlife, and permit trail uses that are flexible and diverse; in particular, expresses support for a bridge that is at least 10 feet high and 300 feet long as well as 122 feet wide.
Requests that the Town of Chapel Hill representatives to the Transportation Advisory Committee convey to the Department of Transportation a copy of this resolution to express the above concerns and preferences about the NCDOT-preferred alternative and the associated Environmental Assessment.
Requests that sidewalks be included on both sides of the construction project.

This the 12^th day of December, 2002.

A RESOLUTION CONFIRMING COUNCIL MEMBER STROM AS DELEGATE AND COUNCIL MEMBER WARD AS ALTERNATE TO THE TRIANGLE J COUNCIL OF GOVERNMENTS’ BOARD OF DELEGATES (2002-12-12/R-9)

WHEREAS, the Triangle J Council of Governments has requested that the Town Council confirm its appointments to the Board of Delegates; and

WHEREAS, Council Member Strom currently serves as Delegate, with Council Member Ward serving as Alternate;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby confirms the appointments of Council Member Strom as Delegate and Council Member Ward as Alternate to the Triangle J Council of Governments’ Board of Delegates.

This the 12^th day of December, 2002.

A RESOLUTION AUTHORIZING DEDICATION TO OWASA OF A SEWER EASEMENT LOCATED ALONG THE SOUTHERN BOUNDARY OF HOMESTEAD PARK, ON LAND OWNED BY THE TOWN OF CHAPEL HILL (2002-12-12/R-9.1)

WHEREAS, the Council has granted a Special Use Permit to the developer of Vineyard Square that includes the provision of offsite sewer line connections; and

WHEREAS, the Town of Chapel Hill owns one of the offsite properties through which sewer may be extended,; and

WHEREAS, construction of the new sewer line would allow the owners of Vineyard Square to build their project as approved by the Council;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is authorized to transfer to OWASA a sewer easement located along the southern boundary of the Town’s Homestead Park, generally as shown in the attached drawing after execution of a Deed of Easement.

BE IT FURTHER RESOLVED by the Council:

· That any easement granted to OWASA contain the following requirements as a condition for allowing the sewer easement to encumber Town property: That the contractor hired by Vineyard Square be required to bore under, rather than dig a trench in the entrance road and sidewalk to avoid impacts to those facilities.

That Vineyard Square install two gates on the dog park fence, as may be required by OWASA and in a manner to be approved by the Town Manager, which would allow OWASA to access the sewer line.
That a large rock that serves as a play feature in the dog park be moved to a location within the dog park that is acceptable to both OWASA and the Town Manager.
That Vineyard Square install temporary fencing suitable to the Town Manager in order to allow continued operation of the dog park during the construction period.
That Vineyard Square, prior to any work in the area of the dog park, install a sign explaining to the public the reasons for any partial closure of the dog park.
That all landscaping on park property removed by the developer be replaced after consultation with the Town’s Urban Forester.

BE IT FURTHER RESOLVED that the Manager is authorized to execute an agreement with the developer of Vineyard Square that would assess financial penalties for failure to comply with the conditions stated herein and that would include such other additional terms deemed to be in the Town’s interest in protecting the Town’s park property.

This the 12^th day of December 2002.

Item 5 - Information Items

Council Member Strom pulled 5c, Status Report on Waste Sites at Horace Williams Property.

Council Member Wiggins requested that 5a, Report on Numbers of Minority Supervisors, be included on the Council Planning Retreat Agenda. There was no objection.

Council Member Harrison described 5b, Response to Petition regarding Resource Needs in the Fire Department, as very informative and asked that it be brought back during the budget process. There was no objection.

Item 6 - Hilltop and Greenway Condominiums at Meadowmont:

Application for Special Use Permit

Planning Director Roger Waldon said the staff had recommended approval of this resolution, which would modify the Special Use Permit (SUP).

Mayor Foy noted that the Council had been through this before and that the SUP was merely a technical issue.

COUNCIL MEMBER KLEINSCHMIDT MOVED, SECONDED BY MAYOR PRO TEM EVANS, TO ADJOURN THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

COUNCIL MEMBER WARD MOVED, SECONDED BY MAYOR PRO TEM EVANS, TO ADOPT R-10A. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR THE HILLTOP CONDOMINIUMS AND GREENWAY CONDOMINIUMS AT MEADOWMONT (2002-12-12/R-10a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council finds that the Special Use Permit Modification application proposed by Roland Gammon and White Oak Properties, Inc., on property identified as Chapel Hill Township Tax Maps 52, Lot 6 and Lot 38 (PIN#s: 9798-66-4564 and 9797-86-4799), if developed according to the site plan dated October 21, 2002 and the Meadowmont Master Land Use Plan, and the conditions listed below, would:

1. Comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Articles 12, 13, and 14, and with all other applicable regulations; and

2. Be consistent with the Meadowmont Master Land Use Plan that was approved on October 23, 1995.

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit Modification for the Hilltop and Greenway Condominiums at Meadowmont in accordance with the plans listed above and the conditions listed below:

Stipulations Specific to the Developments

1. That construction begin by December 12, 2004 and be completed by December 12, 2005.

2. Land Use Intensity: This Special Use Permit Modification authorizes the construction of a multi-family residential development, specified as follows:

Land Use Intensity	Hilltop Condominiums	Greenway Condominiums
Total # of Buildings	4	2*
Maximum # of Dwelling Units	48	16
Minimum # of Affordable Units	0	16
Maximum Floor Area	143,496 sq ft	16,656 sq ft
Minimum Outdoor Space	194,326 sq ft	22,292 sq ft
Minimum Livability Space	164,765 sq ft	10,445 sq ft
Minimum Recreation Space	3,000 sq ft	0 sq ft
Maximum # of Parking Spaces	96	25
Minimum # of Bicycle Spaces	58	21

* Bicycle storage building included in Total # of Buildings

That because the land area of the this Special Use Permit Modification does not provide sufficient land to demonstrate compliance with the Land Use Intensity requirements of the Development Ordinance, prior to issuance of a Zoning Compliance Permit, the applicant shall obligate land within the bounds of the Master Land Use Plan to enable this development to demonstrate compliance with the Land Use Intensity requirements. With any application for Final Plan Approval, the applicant shall provide document(s), to be recorded at the Orange County Register of Deeds Office, that obligates allowable Land Use Intensity requirements of land located within the boundary of the Master Plan, but outside the boundary of this Special Use Permit Modification to ensure compliance of this application with the Land Use Intensity requirements of the Development Ordinance.

Stipulations Related to Affordable Housing

3. Affordable Housing Mechanism: That the affordable housing component for this proposed development shall be provided in the following manner:

A) Condominium/Land Trust Model (Option #1): That if a mechanism for a condominium/land trust model can be finalized prior to the issuance of the Zoning Compliance Permit, or January 1, 2003, a minimum of 16 affordable housing units located, in the Greenway Condominium site, shall be placed in the Orange Community Housing Land Trust. That the condominium/land trust model shall be reviewed and approved by the Town Manager.

That in the event that the condominium/land trust model is not finalized prior to issuance of the Zoning Compliance Permit or January 1, 2003, the affordable housing component shall be provided as outlined below:

B) Deed Restrictions (Option #2): That the Developer shall identify and reserve no fewer than sixteen (16) units at the Meadowmont Greenway Condominium site as affordable housing.

That the deed restrictions ensuring affordable housing shall included the following provisions:

· The plans for marketing, sales and continued affordability of these units shall be reviewed approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

· In order to ensure the future affordability each deed conveying title shall contain restrictions as approved by the Town Manager.

· That the deed restrictions and associated documentation on marketing, sales, continued affordability and program administration shall be reviewed and approved by the Town Manager.

· That for Option #2, all of the affordable units shall be constructed and available for occupancy, prior to issuance of a Certificate of Occupancy for the 25 Hilltop Condominium unit.

That Option #1 and Option #2 must comply with the requirement in the following table.

Requirements for Option #1 and Option #2

Requirement common to Option #1 and Option #2

# of Units

16 units - “A, B, and C Units”

(all located at the Greenway Condominium site)

# Bedrooms per unit

“A & B Units” -- 10 one-bedroom units

“C Units” -- 6 two-bedrooms units

Unit square footage

(approximate sq ft)

“A Units” -- 8 units with 800 square feet

“B Units” -- 2 units with 880 square feet

“C Units” -- 6 units with 1050 square feet

Proposed Size of Household

“A Units” - 1 person

“B and C Units” - 2 person

Requirement specific to each Option

Option #1

(Land Trust)

Option #2 -Alternative

(Deed Restrictions)

Initial Sales Price

“A Units - $90,000

“B Units - $100,000

“C Units” - $140,000

“A Units” - $94,000

“B Units” - $100,000

“C Units” - $140,000

Eligibility Range:

% Median Family Income (MFI)*

“A & B Units” 76-100%

“C Units” 90-100%

(by household size)

“A Units” 80-100%

“B Units” 76-100%

“C Unit” 90-100%

(by household size)

Resale formula

Land Lease

(25 to 30% of appreciation)

“A &B Units” - Priced to be affordable at 80% MFI

“C Units” Priced to be affordable at 100% MFI

Regulatory Mechanism

Orange Community Housing and Land Trust

Deed Restrictions

(To be reviewed and approved by the Town Manager)

Program Administration

Town of Chapel Hill or other entity approved by the Town Manager

* Median Family Income as determined by the most current Raleigh-Durham-Chapel Hill Metropolitan Statistical Area Median Family Income Chart.

Stipulations Related to on-site Recreation Space

4. Recreation Space: That the developer provides 3,000 square feet of improved recreation space on the Hilltop Condominium site. This improved recreation space is to be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

No Certificate of Occupancy shall be issued for the Hilltop Condominium residential units until all the active recreation facilities for that development have been completed.

Stipulations Related to Access and Circulation

5. Parking Lots: That all parking lots and drive aisles associated with the proposed development shall be constructed to Town standards.

6. Hilltop Condominium Parking Lot Design: That the final plans for the Hilltop Condominiums include a revised parking lot design incorporating pedestrian connections between the parking areas and the buildings. The type, location and number of the pedestrian connections shall be reviewed and approved by the Town Manager.

7. Greenway Condominium Crosswalk: That the final plans for the Greenway Condominiums shall include a crosswalk across the western entrance into the project site. The crosswalk should be designed consistent with similar crosswalks in the Meadowmont development. The final crosswalk design shall be reviewed and approved by the Town Manager.

8. Greenway Condominium Pedestrian Connection to the Village Center: That a pedestrian connection be provided on the east side of the property, from the north side of the buildings south to a crosswalk connecting to the village center property.

9. Bicycle Parking: That the development comply with the Town’s Design Manual for bicycle parking standards as follows:

Minimum Bicycle Parking Requirements

Hilltop

Condominiums

Greenway Condominiums

Total Number or Required Spaces

Number of Class I Spaces

(Garage or secure indoor areas)

Number of Class II Spaces

(Stationary rack)

Stipulation Related to Watershed Protection District

10. Watershed Protection District: Compliance with the Town Watershed Protection District regulations, if applicable, shall be demonstrated with the provision of multiple permanent ponds. For those portions of the development complying with the Low Density Option identified in the Chapel Hill Development Ordinance, permanent stormwater retention shall not be required. For those portions of the development complying with the High Density option identified in the Development Ordinance, permanent stormwater retention shall be required in accordance with the requirements of the Development Ordinance.

A. The size, accessibility, location, and design of each pond shall be approved by the Town Manager.

B. These wet retention ponds shall meet or exceed the North Carolina Division of Environmental Management requirements and shall be designed so as to be approved by the Division of Environmental Management, the North Carolina Division of Water Quality, the Army Corps of Engineers, and the Town Manager.

C. The property owner shall post a performance bond or other surety instrument satisfactory to the Town, in an amount approved by the Town Manager, to assure maintenance, repair, or reconstruction necessary for adequate performance of the engineered stormwater controls.

D. For ponds proposed to be located within the Resource Conservation District, the ponds must be designed so as not to be inundated by the flood waters from the base flood discharge.

E. The Owners’ or Homeowners’ Association shall be responsible for arranging for annual inspections of all ponds by an appropriately certified engineer, to determine whether the ponds and associated structures are operating acceptably according to design requirements, and to report findings of said inspections to the Town Manager, with such recommendations for maintenance or repair as may be warranted. Any needed repairs shall be completed within 120 days unless otherwise approved by the Town Manager. Restrictive covenants shall be recorded which shall identify these responsibilities of the Owners’ or Homeowners’ Association, including pond maintenance.

F. Maintenance of the ponds shall be the responsibility of the developer or a property/homeowners’ association. A maintenance plan shall be provided for each of the retention ponds, to be approved by the Town Manager. The plans shall address inspection, maintenance intervals, type of equipment required, access to each pond, and related matters.

G. As part of every application for Final Plan Approval, Zoning Compliance Permit, and residential Building Permit, the developer shall provide an up-to-date cumulative total for impervious surfaces in the particular sub-basin.

H. The minimum permanent pool depth shall be at least three (3) feet in addition to enough volume to store the accumulated sediment between clean out periods.

I. All sediment deposited in the ponds during construction activity on contributing sites must be removed before “normal” pond operation begins.

J. Emergency drains shall be installed in all ponds to allow access for repairs and sediment removal as necessary.

K. Anti-seepage collars shall be used on any structures penetrating dams or water retaining embankments.

L. Public storm drainage systems, or other utilities, shall not be located within a pond or dam structure.

M. That no ponds be created within the perimeter landscaped buffer required for the Meadowmont development.

N. That the ponds be located and designed such that damage to existing large trees can be minimized.

That the applicant provide calculations confirming Meadowmont’s overall compliance with Impervious Surface Limits.

Stipulations Related to Landscape and Architectural Elements

11. Landscape Protection Plan: That a detailed landscape protection plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. This plan shall include areas of vegetation to be preserved; the anticipated clearing limit lines; proposed grading; proposed utility lines; a detail of protective fencing; and construction parking and materials staging/storage areas. That silt fencing and/or tree protection fencing is installed along all construction limits lines including those that are proposed to overlap property lines.

12. Removal of Significant Tree: That the 29-inch oak tree, along the western property line on the Hilltop development site plan, may be removed.

13. Landscape Plan Approval: That detailed landscape plans (including buffers), landscape maintenance plans, be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. That the landscape plan shall include:

A. The 20-foot wide landscape buffer area between the Hilltop development and the adjacent residential single family lots.

B. The 5-foot wide landscape buffer area between the Greenway development and the Meadowmont greenway.

C. A re-landscaping plan for the proposed erosion control sediment basins. The landscaping of the sediment basin associated with the Greenway site shall included two, 2 ½ to 3 inch caliper canopy trees.

D. A re-landscaping plan for the NC 54 entranceway corridor if deemed necessary by the Town Manager.

E. A landscape plan for the steep slopes around Hilltop Condominiums Building #1.

F. A landscape plan for the east side of the Greenway Condominium Building.

14. Parking Lot Screening: That all Hilltop Condominium parking areas shall be screened from highway view. The screening plans shall be approval by the Town Manager.

15. Community Design Commission Approval: That the Community Design Commission shall approve the building elevations and the lighting plan for the development, prior to the issuance of a Zoning Compliance Permit.

Stipulations Related to Utilities

16. Utility/Lighting Plan Approval: That the final utility/lighting plan be approved by Orange Water and Sewer Authority (OWASA), Duke Power Company, BellSouth, Public Service Company, Time/Warner Cable and the Town Manager before issuance of a Zoning Compliance Permit. That the final plans demonstrate there is no conflict between utility lines, easements, and other site elements.

17. Utility Lines: That all utility lines shall be underground and shall be indicated on final plans.

Stipulations Related to Steep Slopes

18. Steep Slopes: That each submittal for Final Plan approval shall include a map showing lots and street segments on slopes of 10% or more, and indicating how the development and construction will comply with the steep slopes regulations in the Development Ordinance:

· For slopes of 10 - 15%, site preparation techniques shall be used which minimize grading and site disturbance;

· For slopes of 15 - 25%, demonstrate specialized site design techniques and approaches for building and site preparation; and

· For slopes of 25% or greater, provide a detailed site analysis of soil conditions, hydrology, bedrock conditions, and other engineering or environmental aspects of the site.

Each Final Plan application shall demonstrate compliance with the steep slopes regulations in the Development Ordinance. The Town Manager shall decide if the proposed building and site engineering techniques are appropriate.

Stipulations Related to Fire Protection

19. Fire Flow: That a fire flow report shall be prepared by a registered professional engineer, showing that flows meet the minimum requirements of the Design Manual, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

20. Sprinkler System: That the buildings shall have a sprinkler system in accordance with Town Code, which shall be approved by the Town Manager prior to the issuance of a Building Permit.

21. Fire Hydrant Location: That all new structures shall be located within 500 feet of a fire hydrant, subject to the approval of the Town Manager.

22. Fire Department Connections: That fire department connections shall be no more than 50 feet from the hydrants and located on street side of buildings in visible, accessible locations, subject to Town Fire Marshall approval.

Stipulations Related to Refuse and Recycling Collection

23. Solid Waste Management Plan: That a Solid Waste Management Plan, including provisions for recycling and for the management and minimizing of construction debris, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. That a shared access agreement with the Village Center shall be submitted to the Town Manager and recorded with the Orange County Register of Deeds Office prior to the issuance of a Zoning Compliance Permit.

24. Illumination of Hilltop Refuse Area: That the final plans included a lighting plan for the illumination of the refuse collection areas at the Hilltop site.

25. Heavy-Duty Paving: That all drive aisles that provide or potentially provide access to compactors, dumpsters or recycling facilities, shall be constructed with heavy-duty pavement.

Miscellaneous Stipulations

26. Construction Management Plan: That a Construction Management Plan, indicating how construction vehicle traffic will be managed, shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. The Construction Management Plan shall specify that no construction vehicles serving this site shall use any existing streets, outside the Meadowmont development area, within the area bounded by Ephesus Church Road, George King Road, NC Highway 54, and Fordham Boulevard.

27. Declaration of Condominium: That the Declaration of Condominium document shall be reviewed and approved by the Town Manager prior to recordation at the Durham County Register of Deeds Office. That prior to the issuance of a Zoning Compliance Permit, the applicant shall submit a copy of the recorded document to the Town.

28. Ownership and Responsibilities of Common Areas: That an owners’ association be created for the maintenance and regulation of the private (residential, office, park, landscape, and commercial) areas including privately maintained streets and alleys.

A. All property owners owning land within the area of the Master Land Use Plan approval, excluding governmental bodies, shall be represented in the owners’ association. This owners’ association shall have maintenance responsibilities for commercially owned development elements which affect the entire development, including the stormwater management facilities.

B. In addition, separate neighborhood association(s) and/or owners’ association(s) shall be created for the maintenance and regulation of the residential, office, and commercial areas. The documents creating these entities shall be reviewed for approval by the Town Manager, and shall be recorded in the Orange County Register of Deeds Office prior to the issuance of a Zoning Compliance Permit.

C. The responsibilities of these entities shall include the ownership and maintenance of the private alleys, private green spaces, private parks and recreation space, private retention and detention basins, parking lots, and the landscape buffers.

D. These entities shall also be responsible for any “add-on fees” charged by Duke Power for special street lighting.

E. These entities shall have the ability to place a lien on property for nonpayment of dues or fees.

F. The Homeowners’ Association documents shall be reviewed and approved by the Town Manager prior to recordation at the Durham County Register of Deeds Office and shall be cross-referenced on the final plat. That prior to the issuance of a Zoning Compliance Permit, the applicant shall submit a copy of the recorded document to the Town.

29. Certificates of Occupancy: That no Certificates of Occupancy shall be issued until all required public improvements are complete, and that a note to this effect shall be placed on the final plat.

That if the Town Manager approves a phasing plan, no Certificates of Occupancy shall be issued for a phase until all required public improvements for that phase are complete; no Building Permits for any phase shall be issued until all public improvements required in previous phases are completed to a point adjacent to the new phase, and that a note to this effect shall be placed on the final plat.

30. Detailed Plans: That the final detailed site plan, grading plan, utility/lighting plans, and landscape plans shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit, and that such plans shall conform to the plans approved by this application and demonstrate compliance with all applicable conditions and design standards of the Development Ordinance and Design Manual.

31. Erosion Control: That a detailed soil erosion and sedimentation control plan, including provision for maintenance of facilities and modifications of the plan if necessary, be approved by the Orange County Erosion Control Officer and the Town Manager prior to issuance of a Zoning Compliance Permit. That a performance guarantee be provided in accordance with Section 5-97.1 of the Town Code of Ordinances prior to issuance of any permit to begin land-disturbing activity.

32. Open Burning: That no open burning shall be permitted during the construction of this development.

33. Energy Management: That an energy management program, designed to minimize energy consumption, be prepared and submitted to the town Manager as part of final plans, prior to issuance of a Zoning Compliance Permit.

34. Silt Control: That the developer shall take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.

35. Construction Sign Required: That the developer shall post a construction sign that lists the property owner’s representative, with a telephone number; the contractor’s representative, with a telephone number; and a telephone number for regulatory information at the time of issuance of a Zoning Compliance Permit. The construction sign may have a maximum of 32 square feet of display area and may not exceed 8 feet in height. The sign shall be non-illuminated, and shall consist of light letters on a dark background.

36. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.

37. Non-severability: That if any of the above conditions is held to be invalid, approval in its entirety shall be void.

BE IT FURTHER RESOLVED that the Council hereby approves the Special Use Permit Modification application for the Hilltop and Greenway Condominiums at Meadowmont.

This the 12^th day of December, 2002.

Item 7 - 2025 Regional Transportation Plan Preferred Alternative

Ms. Loewenthal explained that concerns had been raised that federal agencies might not be willing to accept the 2025 Transportation Plan that was being moved for action on December 18, 2002. The Town was already late with the plan, she said, and a further lapse would mean loss of federal money during that period.

Transportation Planner David Bonk explained that the difference between Resolutions A and B was that R-B requested that the fixed guideway corridor between the UNC and the Horace Williams property be shown along Franklin Street rather than Cameron Avenue. He explained that representatives of the Federal Transportation Administration (FTA) and the Environmental Protection Agency (EPA) had expressed concerns regarding the presumption that the federal government would approve five New Star projects for this region.

Mr. Bonk expressed concern that the Plan would not be adopted before the lapse period expires. So, to avoid a federal rejection of the plan, he said, the staff had proposed an alternative, which was summarized in the memo before the Council. The alternative plan links the Highway 15-501corridor to the high-capacity corridor that begins at the UNC campus and runs up to Eubanks Road, he said, making it into one corridor rather than two. This alternative also removes the Highway 54/Interstate 40 corridor and replaces it with an express bus system that would use existing roadways, he said.

Mr. Bonk explained that removing the two high-capacity corridors, along Franklin Street and along NC 86, was also being proposed. The net savings of these changes would be $330 million from the projected expense, he said, but added that this does not include the additional cost of express buses. Mr. Bonk stated that the justification for proceeding with this recommendation is to get the Plan approved on December 18, 2002. He said that the Plan could then be revised later on to incorporate items that had been removed.

Kimberly Kyser, a Historic District Commission member speaking as a private citizen, argued that neither the Cameron-McCauley Historic District nor the National Register section of Franklin Street should be considered as transit corridors. She expressed concern that the Plan was being "veiled in vagary," even though she understood that this is sometimes the way things need to be done in the political arena. Ms. Kyser said that she was very disappointed to hear that the Airport Road section might be removed. That is the appropriate channel, she said, rather than the historic districts. She asked to go on record as being concerned about the fragility of Chapel Hill's historic districts and about the Plan's negative impact on residential neighborhoods.

Council Member Strom described himself as "shell-shocked at the massive removal of projects that are very important to Chapel Hill." He asked what the ramifications would be of not taking any action tonight. Mr. Bonk recommended that Council members make their feelings clear to the TAC, including whether or not they feel that some of what had been removed should remain in the Plan. He pointed out, though, that a delay might not be granted.

Council Member Strom described the NC 54/I-40 connection as more important than the 15-501 corridor and asked if there was an option to include it instead. Mr. Bonk explained that the staff had attempted in the Plan to provide some level of service to both corridors, and he outlined the justification for the choices. Council Member Strom remarked that the scenario Mr. Bonk had outlined was based on funding that might not be available.

Council Member Bateman commented on the difficulty of making decisions based on projections of where the most traffic will be in the future. Mr. Bonk replied that modeling suggests that Highway 15-501 is the corridor with the most potential demand. Projections there were 15,000-17,000 trips per day, he said, compared with 9,000-10,000 in the NC 54/I-40 corridor.

Mayor pro tem Evans verified that these figures included growth around the Streets at Southpoint Mall as well as suppositions about land use in the NC 54/I-40 corridor.

In response to a question by Council Member Verkerk, Mr. Bonk summarized the projections about where people would travel to and from in the future.

Council Member Harrison remarked that deferring the NC 54/I-40 section to the next cycle makes sense because it is not nearly as "far along" as Highway 15-501. He recommended that the Council mandate the staff's recommendation to begin updating the Plan immediately upon approval of this one.

Council Member Bateman asked if choosing the 15-501 corridor would mean that the Council was adding more lanes for buses and car pools. Or, would it mean not doing that because the Town is hoping to get funding and approval in the next cycle for mass transit and the NC 54 corridor, she asked. Council Member Harrison explained that an express bus on I-40 was the most cost-effective alternative in the mix. He predicted that something was likely to get done on that given the investment that DOT had made in studying high occupancy vehicle lanes on I-40. Council Member Harrison pointed out that because Council members wanted to move the NC 54/I-40 study along they would keep the pressure on.

Mayor Foy suggested keeping in mind that the Town was moving forward but not necessarily getting to its goal in the next three years. This was especially true with regard to the NC 54/I-40 corridor, he said, describing that as a "work in progress." Mayor Foy described the compromise being presented as a way to move the Plan forward without saying what it will be other than a corridor that buses can run on. He asked Mr. Bonk if there was any reason why the Town could not initiate a new project in the next plan. Mr. Bonk replied that time constraint was the immediate problem and that the Town could justify more next time around.

Council Member Strom commented that the project seemed to be moving in the opposite direction from where the Town wanted it to go. The public transit projects were being "trashed," he said, and he asked Mr. Bonk which road projects were being dropped from the plan. Mr. Bonk replied that nothing had been removed. Council Member Strom asserted that the Town was being "looted" by this proposal, and stated that he could not support it. Mr. Bonk explained that he had had difficulty coming to this compromise as well, which puts transit at the same level as highway investment. But, he said, some of the federal objections to the New Start requests might be moot because some of the smaller high-capacity corridors in Chapel Hill would use Surface Transportation Program (STP) or other money along with local matches.

Council Member Strom stated that he was very disappointed because the Town had been promised at 2025 Plan meetings over the years that the focus would be on public transit. Mayor Foy wondered if making Fordham Boulevard six lanes and removing either Estes or Homestead Road would generate enough revenue to let one of the transit projects go forward. He suggested that the Council support having Mr. Bonk work on more specific instructions to TAC representatives, instructions that reduce roadway improvements and boost some of the transit improvements that are being dropped.

Mr. Bonk stated that the total cost of the Chapel Hill high capacity corridors, including the extension from UNC to Eubanks Road, was $61 million. So, the remaining two projects probably total about $40 million, he said, adding that the estimated cost of the Highway 15-501 bypass project was $17.5 million.

Council Member Harrison asked if there was anywhere else in the planning area where projects like this had been removed. Mr. Bonk replied that there was not. Council Member Harrison pointed out that NC 54/I40 was a multi-jurisdictional corridor so other jurisdictions would be affected by that as well.

Mayor Foy noted that the TAC would make a decision on the following Wednesday. That would be taken under consideration by the federal highway administration people, he said, who will analyze the draft plan and either approve or disapprove it. Mayor Foy pointed out that the Town would lapse on February 28^th and then come back into good graces in May or June. This is a problem for Chapel Hill, he said, because it needs to move the transit center up to Eubanks Road and needs federal assistance and operating grants. Mr. Bonk remarked that the repercussions of the lapse after the first three-month period were uncertain.

Mayor Foy stressed that it was in Chapel Hill's interest to pass the plan on December 18^th in some form or another. And, he noted, it would not be wise to ask TAC to defer the vote.

Council Member Strom asked what the specific risk would be of deferring to January 6, 2003. Mr. Bonk replied that the TAC could act on December 18^th and that anything the Council considered on January 6^th could be moot.

Council Member Strom asked if there was any guarantee that the TAC would approve the Town's wishes if the Council asked TAC representatives and Mr. Bonk to work between now and the 18^th to remove some road projects and reclaim some public transit projects. Mr. Bonk replied that there was no guarantee, adding that the Town could make the case that it was trying to be fiscally responsible by trading off projects.

Mayor Foy noted that the other TAC members generally respect jurisdictional issues and understand that local entities are most familiar with their own needs.

Council Member Harrison pointed out, however, that none of these budget decisions were specific to Chapel Hill. They include at least Carrboro and/or Durham County, he said. Mayor Foy agreed, but noted that requesting something in a timely manner before the December 18^th meeting would likely have a more positive impact than requesting a delay.

Ms. Loewenthal stated that there would be time for TAC representatives to work with Town staff to lay out some additional options for the Council to consider, such as cost per project.

Council Member Ward suggested asking the staff to provide an alternative scenario, with a better balance of transit and road projects, that the Town can vote for on December 18^th. Ms. Loewenthal recommended that the staff make a proposal for road projects beyond the next five years so that there would be no practical impact on planning and funding for these projects.

Mayor Foy advised Council members to adopt either Resolution 11a or Resolution 11b.

Council Member Harrison commented that the resolutions contain downsizing of a road and that the model supports that.

COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER VERKERK, TO ADOPT R-11B WITH THE LANGUAGE THAT COUNCIL MEMBER WARD HAD SUGGESTED.

Mr. Bonk clarified that Resolutions 11a and 11b differ in that R-11a includes language that identifies Franklin Street and Cameron Avenue as possible corridors for the connection between the Horace Williams property and the UNC campus. Resolution l1b would designate only Franklin Street and remove Cameron Avenue, he said.

In response to a comment by Council Member Kleinschmidt, Mr. Bonk explained that future studies would look at the practical impacts of using one or both of these streets as a corridor for high-capacity transit. Adopting R-11b would demonstrate the Council's preference for using Franklin, he said, but the federal process will require that the issue be reopened again anyway.

Mayor Foy said that the Council's vote was "not a realistic gesture in any sense" since no one knows what the technology will be. Perhaps a trolley could run down Franklin Street on an underground cable, he said, which would make taking it off the list now an unwise gesture. Council Member Bateman agreed.

COUNCIL MEMBER BATEMAN MOVED TO SUBSTITUTE RESOLUTION 11A FOR 11B. MAYOR PRO TEM EVANS SECONDED THE MOTION.

Council Member Strom argued that R-11b supports requests from neighborhoods and meets the objective of focused economic development.

Council Member Ward spoke in support of the substitute motion, noting that the Historic District Commission (HDC) had supported it with the caveat that they be involved in planning.

Council Member Verkerk remarked that trying to preserve the past while hurdling into the future was not an empty gesture. She argued that the historic districts should remain sacrosanct from this project. Trying to preserve areas of historic significance, she said, requires taking a very firm stand and refusing to allow options.

Mayor Foy noted that the city of Boston, which "is at least as historic as Chapel Hill," had managed to move thousands of people through its historic districts. He said that taking the position that the Town can have only one or the other would be shortsighted. "We should insist that we get both," he said, adding that the Council would not be damaging the Town by being willing to entertain more than one option for something that will be built 25 years from now. Mayor Foy proposed amending #3 in R-11a to add the HDC's language.

Council Member Strom asked what authority the HDC had with the FTA. Mr. Bonk replied that the HDC could offer guidance.

Mayor Foy pointed out that the guidance would be offered future Town Councils, which will have to fight for a transit system in Town.

THE SUBSTITUTE MOTION WAS ADOPTED (6-3) WITH COUNCIL MEMBERS STROM, VERKERK AND HARRISON VOTING NAY.

COUNCIL MEMBER BATEMAN MOVED, SECONDED BY MAYOR PRO TEM EVANS, TO ADOPTED R-11A AS AMENDED TO INCLUDE THE LANGUAGE PASSED BY THE HISTORIC DISTRICT ("AS LONG AS THE HISTORIC DISTRICT COMMISSION RETAINS THE AUTHORITY TO APPROVE THE CONGRUITY OF THE SYSTEM") AND AMENDED TO ASK THE TAC REPRESENTATIVES AND STAFF TO WORK TO IDENTIFY OPTIONS FOR TRADING SOME ROAD PROJECTS FOR SOME MASS TRANSIT. THE MOTION WAS ADOPTED (8-1) WITH COUNCIL MEMBER HARRISON VOTING NAY.

A RESOLUTION PROVIDING THE DURHAM-CHAPEL HILL-CARRBORO TRANSPORTATION ADVISORY COMMITTEE WITH A RECOMMENDATION ON THE DURHAM-CHAPEL HILL-CARRBORO 2025 REGIONAL TRANSPORTATION PLAN PREFERRED ALTERNATIVE (2002-12-12/R-11a)

WHEREAS, the Durham-Chapel Hill-Carrboro Transportation Advisory Committee is preparing a 2025 Transportation Plan; and

WHEREAS, the Transportation Advisory Committee has endorsed a 2025 Preferred Alternative for public comment; and

WHEREAS, the Town Council has reviewed the 2025 Preferred Alternative;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council recommends that the Transportation Advisory Committee approve the 2025 Preferred Alternative with the following comments:

Implement transit improvements, including improvements to local transit service and development of fixed guideway systems prior to pursuing roadway expansions, especially in the US 15-501 and Fordham Boulevard corridors.

Revise Section 1.3 (page 7) of the 2025 Plan Report to include the following language:

“Federal regulations allow the use of the Surface Transportation Program and Congestion Management Air Quality funds for public transit projects. While the Plan includes these anticipated revenues in the Highway category, they could be utilized for public transit projects.”

The proposed high capacity transit corridor between the University of North Carolina campus and the Horace Williams property use Franklin Street from Columbia Street to Main Street in Carrboro and Cameron Avenue as long as the Historic District Commission retains the authority to approve the congruity of the system.

Include Weaver Dairy Road as a three lane cross-section, from NC 86 to Erwin Road in the 2025 Plan.

Include a statement in the 2025 Plan indicating that the Northern Durham Parkway will not be extended west of Roxboro Road.

The Transportation Advisory Committee representatives and Town staff work to identify options for trading some roadway projects for mass transit projects.

This the 12^th day of December, 2002.

Item 8 - Response to Citizen Petition, Report on the Status of the Staff

Inter-jurisdictional Stormwater Management Work Group and Proposal

to Establish Stormwater Utility Policy Review Committee

Town Engineering Director George Small outlined plans to form a Stormwater Utility Policy Review Committee consisting of no more than 15 members. These members would work directly with the consultant and staff to identify policy issues and prepare items to bring to the Council, he said. Mr. Small explained that following Council approval the Department would solicit applications and bring them back to the Council, which would appoint members. He said that adoption of Resolution R-12 would authorize the Manager to establish this Committee.

With regard to the Staff Inter-jurisdictional Stormwater Management Work Group, Mr. Small explained that other jurisdictions had sent members over to work with the Town. He said that they hope to have a kick-off meeting early in January and would meet on a regular basis after that.

COUNCIL MEMBER WIGGINS MOVED, SECONDED BY MAYOR PRO TEM EVANS, TO

ADOPT R-12. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION AUTHORIZING THE MANAGER TO INVITE PARTICIPATION IN AND TO SOLICIT APPLICATIONS FOR A TOWN STORMWATER UTILITY POLICY REVIEW COMMITTEE (2002-12-12/R-12)

WHEREAS, the Council is aware of increasing stormwater management related mandates and regulations requiring Town compliance; and

WHEREAS, the Council has authorized the Manager to contract with a consulting firm to begin development of a utility-based stormwater management program that would enable the Town to meet its regulatory obligations in addition to providing acceptable levels of stormwater management throughout the community; and

WHEREAS, the Council understands the importance of establishing a Stormwater Utility Policy Review Committee to work closely with the consultant and Town staff to monitor program development and to provide feedback on program and policy issues;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council directs the Manager to invite participation in and to solicit applications for a Town Stormwater Utility Policy Review Committee.

BE IT FURTHER RESOLVED that the Council directs the Manager to return for Council consideration of the applications and appointment of Committee members.

This the 12^th day of December, 2002.

Item 8.1 - Contract and Budget Amendment for Preliminary Design

Services for Town Operations Center

Ms. Loewenthal said that the Town had received 16 proposals for developing the site for the new operations site. The team led by Corley Redfoot Zack was the most qualified, she said, adding that the team is a leader in energy efficient design and stormwater management practices. Corley Redfoot Zack also knows the local community and Town processes well, she said. Ms. Loewenthal explained that the team would also include a national firm with extensive experience with transit and public works, and with working with the FTA. She said that the consultants would begin right away assessing the Town's needs and analyzing the site. They will prepare a conceptual site design and give preliminary cost estimates, she said, adding that the Town needs such estimates before asking FTA for a capital grant to fund 80% of the costs. The Town might want to consider a General Obligation bond to fund the public works part, Ms. Loewenthal said, and would need put the total amount on the bond issue by the August 26^th Council meeting. The final total amount probably would range between $20 million and $30 million, she explained.

Ms. Loewenthal proposed that the staff bring back a detailed proposal for including the public in the design process. After explaining that State law requires architects to be chosen without regard to cost, Ms. Loewenthal said that the Town had gone through a multi-step process of narrowing proposals down to one. She asked the Council to authorize entering into a contract for $303,000, $57,000 of which would be reimbursable expenses. Ms. Loewenthal noted that the Town would have to complete a traffic impact study to know what road improvements would be necessary before the consultant could figure the cost of that. A contingency of 5% would bring the budget up to $336,000, she said. She stated that all future decisions would be based on this initial work, and pointed out that the Town will only have built what it needs for Phase One by the year 2007. But, Ms. Loewenthal explained, this still requires an overall plan to make sure that there is room to expand when the time comes.

Ms. Loewenthal proposed splitting the cost evenly between the Public Works and the Transportation Departments. She recommended using the remaining 1996 Public Works bonds for the majority of its share, plus $18,000 from additional State revenue. The $118,000 for Transportation Department's share, she said, would come from the Transportation Capital Reserve account.

Council Member Harrison verified that the northern section of the site would be under Orange County's jurisdiction.

Council Member Bateman questioned the high cost of the project and wondered if some structures could be simplified. Mayor Foy pointed out that the Council was not voting on a budget, and Council Member Bateman replied that she understood that but wanted to set the tone by stating that she was not in favor of this amount.

Council Member Harrison established that the price included extending water and sewer and building a pump station.

Mayor Foy asked Ms. Loewenthal to outline a process that would allow Council input regarding the budget. Ms. Loewenthal replied that the staff would propose choices for Council consideration on January 13^th. She stressed that the staff and the consultant want the Council's participation throughout the design process.

Mayor Foy wondered if the cost of extending water and sewer and installing the pump station could be shifted to other developers later on. Ms. Loewenthal replied that the Town had already had discussions with the owners of the southern part of the Everett property about sharing costs for water and sewer.

Council Member Strom agreed with Council Member Bateman that this was not the place to construct a "signature building." He inquired about the role the Town was playing in writing specifications that would save as much money as possible. Ms. Loewenthal replied that the staff's goal was to build something that would be cost-effective, energy efficient, and sustainable.

MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, TO ADOPT R-12.1. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE A CONTRACT WITH CORLEY REDFOOT ZACK FOR PRELIMINARY PLANNING AND DESIGN SERVICES FOR THE NEW TOWN OPERATIONS CENTER (2002-12-12/R-12.1)

WHEREAS, the Council has determined that a new operations center is necessary for the Transportation and Public Works Departments to occupy by January 1, 2007; and

WHEREAS, a site has been acquired and a budget needs to be developed; and

WHEREAS, Corley Redfoot Zack has emerged from a multi-step selection process from among 16 potential design teams as the most qualified firm;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Manager is authorized, consistent with the terms and price mentioned in the Manager’s memorandum of December 12, 2002, to execute a contract with said firm for services including a site analysis, needs assessment, conceptual site plan and preliminary cost estimate for a Town Operations Center on Millhouse Road, north of Eubanks Road.

This the 12^th day of December, 2002.

MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, TO ENACT O-2. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

AN ORDINANCE TO AMEND "THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2002” (2002-12-12/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, 2002" as duly adopted on July 26, 2002, be and the same is hereby amended as follows:

ARTICLE I

APPROPRIATIONS	Current Budget	Increase	Decrease	Revised Budget

GENERAL FUND

Non-Departmental
Transfer to Public Works Capital Project Bond Fund	0	18,000		18,000

ARTICLE II

REVENUES	Current Budget	Increase	Decrease	Revised Budget

GENERAL FUND

State Shared Revenues	9,171,000	18,000		9,179,000

This the 12^th day of December, 2002.

MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ENACT O-3. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

AN ORDINANCE TO AMEND THE CAPITAL PROJECTS ORDINANCE FOR RENOVATIONS AND IMPROVEMENTS TO PUBLIC WORKS FACILITIES FUNDED FROM 1996 BONDS (2002-12-12/O-3)

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, that the capital project established for Public Works Facility renovations funded from 1996 bonds approved by the voters in November 1996 is hereby amended as follows:

SECTION I

The capital projects as authorized by bond referenda approved in November, 1996 and as determined by the Town Council, includes the capital costs of renovating and adding facilities to support Public Works operations.

SECTION II

The Manager of the Town of Chapel Hill is hereby directed to proceed with implementation of these projects within terms of funds appropriated herein.

SECTION III

Revenues anticipated to be available to the Town to complete the project are amended as follows:

Current Revised

Budget Budget

Bond Proceeds 500,000 500,000

Transfer from General Fund 0 18,000

Total 500,000 518,000

Amounts appropriated for the project are amended as follows:

Current Revised

Budget Budget

Public Works Renovations and Improvements 500,000 518,000

SECTION IV

The Manager is directed to report annually on the financial status of the project in an informational section to be included in the Annual Budget, and shall keep the Council informed of any unusual occurrences.

SECTION V

Copies of this ordinance shall be entered into the Minutes of the Council and copies shall be filed within 5 days of adoption with the Manager, Finance Director and Clerk.

This the 12^th day of December, 2002.

MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ENACT O-4. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

AN ORDINANCE ESTABLISHING A CAPITAL PROJECT ORDINANCE FOR A NEW TRANSPORTATION OPERATIONS CENTER (2002-12-12/0-4)

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, a grant project ordinance is hereby established as follows.

SECTION I

Funds available for this project include local contributions from the Town’s Transportation Capital Reserve Fund and potential grants and agreements from the Federal Transit Administration.

SECTION II

The Manager of the Town of Chapel Hill is hereby directed to proceed with the implementation of the project within the terms of grant agreements executed with the Federal Transit Administration and the funds appropriated herein.

SECTION III

Initial revenues anticipated to be available to the Town to complete activities as outlined in the project budget are as follows:

Amount

Town of Chapel Hill (local match from

Transportation Capital Reserve Fund) 168,000

SECTION IV

Initial amounts appropriated for the project are as follows:

Amount

Transportation Operations Center 168,000

SECTION V

Copies of this project ordinance shall be entered into the Minutes of the Council and copies shall be filed within 5 days of adoption with the Manager, Finance Director and Town Clerk.

This the 12^th day of December, 2002.

Item 9 - Appointments

9a. Horace Williams Citizens Committee. The Council appointed John Boyer, Joyce Brown, Joe Capowski, James Coley, Cam Hill, Julie McClintock, Ruby Sinreich, Del Snow, Albert Burke, Kathleen Kearns, Margaret Morse, Blair Pollock and Diane Vandenbroek.

Council Members

Horace Williams Citizens Committee

Foy

Bateman

Evans

Harrison

Kleinschmidt

Strom

Verkerk

Ward

Wiggins

TOTAL

Applicants with Special Expertise

John Boyer

Henry Branson, III

Joyce Brown

Joe Capowski

James Coley

Barbara Driscoll

Cam Hill

Paul Jansen

Randy Kabrick (also qualifies as neighborhood representative)

Julie McClintock

Stephen Manton

Ruby Sinreich

Del Snow

Applicants for Neighborhood Representatives

Albert Burk

Kathleen Kearns

Margaret Morse

Blair Pollock

Diane VandenBroek

Randy Kabrick

9b. Street Fair Review Committee. The Council appointed Joe Herzenberg, Meg McGurk, Greg Bell, Fred Battle, Mildred Council, Paul Hepp, Wiley Quinn, Edward Lebetkin, Joyce Preslar and Fabian Farrington. Mayor Foy noted that the Council had pointed only one of the applicants from the Downtown Council but could appoint one more in the future.

Council Members

Street Fair Review Committee

Foy

Bateman

Evans

Harrison

Kleinschmidt

Strom

Verkerk

Ward

Wiggins

TOTAL

Applicants for Neighborhood Representatives

Don Gaddo

Joe Herzenberg

Meg McGurk

Applicants for at-large Representatives

Greg Bell

Linda Carol Davis

Lynn Knauff

Fred Battle

Applicants for Downtown Merchant Representatives

Mildred Council

H.J. Mickey Ewell

Julie Jennings

Christy Moore

Greg Owens

Applicants for Downtown Church Representatives

Paul Hepp

Rickie Howard

Wylie Quinn, III

Applicant for Street Fair Artist

Edward Lebetkin

Applicant for Street Fair Entertainer

Joyce Preslar

Applicants for Street Fair Non-profit Organization

Sarah H. Fallin

Fabian Farrington

COUNCIL MEMBER KLEINSCHMIDT MOVED, SECONDED BY COUNCIL MEMBER VERKERK, THAT THE DELEGATE DESIGNATED BY CHAPEL HILL PUBLIC ARTS COMMISSION BE ADDED AS A MEMBER OF THE STREET FAIR COMMITTEE. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Council Member Ward pointed out that only eight people had been appointed to the Horace Williams Citizens Committee. He verified that one more person could be appointed.

5c- Discussion of Status Report on Waste Sites at Horace Williams Property

Council Member Strom asked Assistant to the Manager Bill Stockard to make the recent DOT study of the area north of Estes Drive and west of Airport Road available to the Council. He also remarked that he had asked UNC for a timetable for cleanup of the site and had not received a response. Mr. Stockard replied that the most specific response had been that cleanup would occur as funding is received and along with development of Carolina North.

Referring to the staff report, Council Member Strom noted that the eligibility requirement was a 20% share of the cost. Mr. Stockard explained that even though the EPA had encouraged the Town and University to apply for funding the likelihood of receiving those grants was low for both. A requirement for Brownfields funding is that the applicant show it cannot receive funding from any other source, Mr. Stockard explained. He pointed out that the University cannot say that, and does not meet other eligibility requirements as well.

Mayor Foy asked Mr. Stockard to find out what the University's other potential sources of money are, and whether or not the Town could help them obtain some of them.

Linda Convissor, representing UNC, said that Peter Rhinehart, Director of UNC's Office of Environment, Health and Safety, had told her that any party that had contributed to the contamination would not be eligible for Brownfields funding. Also, she said, UNC does not fit any of the categories that would receive possible leftover funds. Since the application procedure is very costly, Ms. Convissor explained, it would be an inefficient use of resources to go through when the chance of getting something back was slim to none. She stressed that these facts did not diminish UNC's commitment to cleaning up the site, however.

Mayor Foy suggested that Ms. Convissor discuss UNC's other potential sources of funding with Mr. Stockard, since the Town might be able to help with some of them.

Council Member Strom asked for a response to his questions about the timetable. Will the cleanup be done prior to, concurrent with, or after the new development, he asked. Ms. Convissor replied that part of that complex equation involves how the cleanup will be done and how long it will take. It is not something that can easily be simplified to those kinds of black and white answers, she said.

The meeting adjourned at 9:15 p.m.