CLOSED SESSION OF THE CHAPEL HILL TOWN COUNCIL
MONDAY, JUNE 28, 1999, 5:30 PM
Mayor Rosemary Waldorf called the meeting to order at 5:30 p.m.
Council Members present were Flicka Bateman, Joyce Brown, Joe Capowski, Pat Evans, Kevin Foy, Lee Pavăo, and Edith Wiggins. Council Member Julie McClintock was absent, excused.
Staff members present were Town Manager Cal Horton, Town Attorney Ralph Karpinos, Assistant Town Manager Florentine Miller, Assistant to the Manager Ruffin Hall, Planning Director Roger Waldon, and Acting Town Clerk Toni Pendergraph. Attorney Michael B. Brough was present by invitation of the Council.
COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL MEMBER FOY, THAT THE COUNCIL MOVE INTO CLOSED SESSION AS PER N.C. GENERAL STATUTE 143-318.11(a)(3). THE MOTION WAS ADOPTED UNANIMOUSLY.
Mayor Waldorf opened the discussion regarding the response from Larry B. Sitton, attorney for the applicants.
Council Member Foy asked if there had been any response since June 23, 1999. Mr. Karpinos responded that he had called Mr. Brough and requested that the Notice of Appeal be filed on behalf of the Town. Mr. Karpinos said that he had also called Mr. Sitton regarding lowering the height of the hotel and Mr. Sitton had responded that he had no further adjustments to offer.
The discussion continued led by Mayor Waldorf regarding the proposals and the counter proposals, including the applicants’ offer to add an additional $35,000 to the landscape buffer, comply with the property tax issue, and coordinate specific transportation issues with Chapel Hill Transit.
Council Members Foy and Bateman provided a copy of their proposal regarding the hotel and office park (attached) and said they believed the applicant’s response on the office park was a good response, but the hotel response was a non-response. Council Members Foy and Bateman’s new proposal included the applicant’s (office park) original total number of parking spaces: 951 and the applicant’s counter proposal of 926 parking spaces. Council Members Foy and Bateman proposed deleting 115 parking spaces and dedicating 172 for public use (86 spaces from parking deck A, and 86 from parking deck B whenever deck B is built) with 664 parking spaces available for tenant use. The discussion continued, including verification provided by Roger Waldon that the applicant’s July 8, 1998 Site Plan had included 967 parking spaces.
Mayor Waldorf pointed out that park and ride lots need to be managed.
Council Member Evans pointed out that as buildings reach occupancy businesses can begin to judge what they need and what is used, adding that she believed spaces need to be dedicated and that the Town is getting a park and ride lot from the applicant, and if the applicant did not dedicate the spaces the Town would then have to build a park and ride lot.
Mayor Waldorf summarized the proposal: Accept the applicants’ proposal as outlined in their letter of June 17, 1999, and to also request:
1. The office park applicant delete 115 spaces from the total of 951.
2. The office park applicant dedicate 172 spaces for park and ride (86 from parking deck A and 86 from parking deck B when it is built.) of the 836 remaining spaces, leaving 664 spaces for office park use.
3. Remove the requirement of 15% usage of public transportation by employees.
COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER BROWN, THAT THE COUNCIL ACCEPT THE APPLICANT’S PROPOSAL AS OUTLINED IN THEIR LETTER OF JUNE 17, 1999 WITH THE THREE ADDITIONAL REQUESTS OUTLINED ABOVE.
Mayor pro tem Capowski suggested an amendment requesting that the wording include that 836 parking spaces would be built and 172 would be dedicated exclusively to park and ride, leaving 664 for the office park use, and that it is the responsibility of Capital Associates to manage the park and ride lot.
Council Member Foy, the mover, and Council Member Brown, the seconder, agreed to include the Mayor pro tem Capowski’s amendment in the motion.
THE MOTION WAS ADOPTED 6-2, WITH MAYOR WALDORF AND COUNCIL MEMBERS BATEMAN, BROWN, CAPOWSKI, FOY, AND PAVAO VOTING AYE, AND COUNCIL MEMBERS EVANS AND WIGGINS VOTING NAY.
Item B of the Foy and Bateman proposal (In Item #4, that 45 parking spaces be deleted from the plan, including 16 parking spaces from the surface lot and the balance from Parking Deck B.) was stricken by the vote.
Council Member Foy began the discussion on the hotel and said that if the applicant would not accept a reduction in the building height and the square footage that the applicant could ensure that the 32 affordable housing units are built and include provision for walking commuters by contributing $150,000 to Orange Community Housing for the project, in addition to the $35,000 for landscaping, so that the Town would receives something in return for the increased density. Council Member Foy pointed out that the proposal would still include a request for a reduction in the height and square footage of the building, and the new requests would be in addition.
Council Member Brown pointed out that a statement would be needed that this proposal was in addition to the proposals in the applicant’s June 17, 1999 letter.
COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER BROWN, THAT IN ADDITION TO THE APPLICANT’S PROPOSALS IN THEIR LETTER OF JUNE 17, 1999, THAT THE COUNCIL REQUEST $150,000 TO BE CONTRIBUTED TO ORANGE COMMUNITY HOUSING CORPORATION FOR THE AFFORDABLE HOUSING PROJECT, AND AGAIN REQUEST THAT THE HEIGHT AND SQUARE FOOTAGE OF THE HOTEL BUILDING BE REDUCED. THE MOTION WAS ADOPTED 6-2, WITH MAYOR WALDORF AND COUNCIL MEMBERS BATEMAN, BROWN, CAPOWSKI, FOY AND PAVAO VOTING AYE, AND COUNCIL MEMBERS EVANS AND WIGGINS VOTING NAY.
The Council continued the discussion on the formation of an informal negotiating team to meet with the attorneys for further negotiations to prepare a recommendation to be reviewed by the Council on July 7, 1999. There was agreement that the informal negotiating team would include the Mayor, Council Member Foy and Council Member Bateman. Mr. Karpinos clarified that if a recommendation is presented on July 7, 1999, that the Council’s option would be to accept the recommendation and issue the Special Use Permits or the appeal process would continue.
The Closed Session was opened and then the meeting was adjourned at 6:45 PM.
The minutes of June 28, 1999 were adopted on the 11th day of
October, 1999.
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Joyce A. Smith, CMC