SUMMARY MINUTES OF A REGULAR BUSINESS MEETING

OF THE CHAPEL HILL TOWN COUNCIL

MONDAY, NOVEMBER 13, 2000 at 7:00 P.M.

Mayor Rosemary Waldorf called the meeting to order at 7:00 p.m.

Council members present were Flicka Bateman, Joyce Brown, Pat Evans, Kevin Foy, Bill Strom, Jim Ward, and Edith Wiggins. Mayor pro tem Lee Pavão was absent, excused.

Staff members present were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Assistant to the Manager Bill Stockard, Town Attorney Ralph Karpinos, Planning Director Roger Waldon, Stormwater Management Engineer Fred Royal, Assistant Transportation Director Scott McClellan, Traffic Engineer Kumar Neppalli, Engineering Director George Small, Public Works Director Bruce Heflin, Planner Rob Wilson, Planner Claudia Paine, Finance Director Jim Baker, Assistant Finance Director Kay Johnson, and Town Clerk Joyce Smith.

Agenda Item 1 – Ceremonies

1a.  Community Design Awards

Weezie Oldenberg, Chair of the Community Design Commission, presented this year’s appearance awards, which had been judged by Joanne Courier, Mark Chilton, Ginny Marino, and Kim Tao.  The awards went to: University Presbyterian Church (for Excellence in Architectural Integration), with Bob Denim receiving the award; the James T. Hedrick Building (for Excellence in Site Design), with Mary Beck, from UNC Hospitals, receiving the award; the addition to the greenway trail behind Staples (for the Most Improved Site), presented to Crowell Little, Jr., accepted by Crowell Little, Sr.; the Glen Lennox Office Garden (for Public Streetscape Enhancement); Laquita Davis, at 1504 Ephesus Church Road (for Excellence in Small Landscaping); Bunny Spadaro, of 105 Virginia Drive (for Excellence in Residential Gardens); Edwin Atkins and Helena Hill, of 409 Cameron Avenue (for the Robert E. Stipe Award for Historic Restoration); the Jean and Pearson Stewart Award (for Land Conservation), with Mary Jane Burns and Peter White, from the Botanical Gardens, accepting the award. 

Mayor Waldorf presented the Mayor’s Award for Civic Appearance (given to Town employees who beautify the Town’s public grounds) to Robert Humphreys and Curtis Brooks for building and planting the planters on Franklin Street.  Mr. Brooks thanked the Town Council for funding the project, the Town’s merchants for helping with the project, and the Public Works Department for watering and maintaining the planters.  Mr. Humphreys thanked the Mayor and the Appearance Commission for recognizing the project.  He accepted the award on behalf of the members of his Promotions Committee who came up with the idea and the many people who adopted planters.

1b.  Arbor Day Proclamation

Mayor Waldorf noted that there will be an Arbor Day ceremony at noon on Friday, November 17, 2000, at the Town entry marker at Eastowne Drive and Fordham Boulevard.  Curtis Brooks added that the Town would plant a few trees and receive a plaque from the Assistant Secretary of Environment Natural Resources at that ceremony.

COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT THE ARBOR DAY PROCLAMATION.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0). 

PROCLAMATION

WHEREAS,           the Town of Chapel Hill values its diversity and abundance of trees; and

WHEREAS,           trees create a healthy environment for people and wildlife by controlling erosion, cleaning the air, producing oxygen, moderating temperatures, and providing food and habitat; and

WHEREAS,           trees beautify our community, increase property values, and enhance the economic vitality of commercial areas; and

WHEREAS,           planting trees benefits generations present and future; and

WHEREAS,           Chapel Hill has been recognized as a Tree City USA by the National Arbor Day Foundation

NOW, THEREFORE, I, Rosemary Waldorf, Mayor of the Town of Chapel Hill, do hereby proclaim November 17th, 2000 as

ARBOR DAY

in Chapel Hill and urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands, and

FURTHERMORE, I proclaim that the Town’s Arbor Day shall be established as the first Friday after November 15th of each year.

Agenda Item 2 - Public Hearings (None)

Agenda Item 3 - Petitions by Citizens and

Announcements by Council Members

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

3b.  Petitions by citizens on items not on the agenda.

Jay Parker, representing the Lake Forest Association, requested a waiver of the fees required for a Special Use Permit for their Eastwood Lake restoration project.  He explained that the lake is at risk due to sedimentation from upstream, and his community has taken on the removal of 50,000-75,000 cubic yards of silt from the lakebed at an estimated cost of $1.2 million.  Mr. Parker pointed out the benefits the lake provides the Town by acting as a sedimentation trap, is a stormwater impoundment, provides an important/unique habitat for wildlife, and takes pressure off Town facilities.

Mr. Parker noted that the only change after restoration would be that the lake would be deeper.  He petitioned the Council to waive the fees typically required for a Special Use Permit, and commented that the total amount of the fees could pay for the removal and disposal of approximately 37 dump truck loads of sediment.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER STROM, TO RECEIVE AND REFER THE PETITION.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Dan Coleman commented on the recently announced University plan to build on the Horace Williams tract.  He thanked the local newspapers for breaking that story, and said that he had felt betrayed by the surprise.  Mr. Coleman noted that he had been a member of the Zoning Committee that worked on the Horace Williams plan, and stated that the timing of this announcement gives the Town Council an opportunity to look at the impact that this development would have on the community in the context of the Comprehensive Plan.  He encouraged the Council and the Mayor’s Committee to “step away from the micro scale” and look at Chapel Hill and the County as a whole.  He asked them to consider where the tens of thousands of workers would live and drive and how the project would affect the quality of air and life in Chapel Hill.

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER STROM, TO RECEIVE AND REFER MR. COLEMAN’S PETITION AND TO INVITE THE UNIVERSITY TO MAKE A FORMAL PRESENTATION IN THE TOWN’S PUBLIC FACILITIES ABOUT ITS PLANS FOR THE HORACE WILLIAMS PROPERTY, WITH AS MUCH DETAIL AS IT CAN PROVIDE.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Council Member Pat Evans remarked that there had been some communication between the Town and University regarding this matter.  Council Member Joyce Brown asked that Mr. Coleman’s petition come back to the Council with some suggestion of how to achieve his goal. 

Council Member Brown suggested that the Council and staff begin looking at the substantive issues of the impacts of all such developments on Orange County. 

Mayor Waldorf commented that it was difficult to begin assessing impacts when the Town does not have the University’s plan.  Council Member Brown agreed, adding that she would bring her request back as a motion after the Council has heard the University’s presentation.

3c.  Announcements by Council Members

Noting that Council Member Flicka Bateman had brought this up as an announcement at a previous meeting, Council Member Foy inquired about the status of the Adequate Public Facilities Ordinance.  Town Attorney Ralph Karpinos replied that the program was in the hands of the County Commissioners, who had received a report from the Schools and the Land Use Council, as well as comments from attorneys regarding the Town Council’s proposed changes.  Mr. Karpinos explained that the Commissioners were evaluating that and would send a report on to the two other governing boards in the near future. 

Council Member Foy asked about putting it tentatively on the Council’s agenda.  Mr. Karpinos suggested that he check on the status and then recommend a date to the Town Manager.  Council members agreed, and Mayor Waldorf asked that Mr. Karpinos convey the Council’s eagerness to adopt this to the County Commissioners. 

Council Member Bateman added that the Council is eager because the public is eager.

Mayor Waldorf announced an upcoming presentation on the first part of a transportation study, which is an attempt to do a regional transportation needs assessment.  She said that comment is being solicited from elected officials.

Item 4 - Consent Agenda

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER FOY, TO ADOPT RESOLUTION R-1.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES (2000-11-13/R-1)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the following minutes, resolutions and ordinances as submitted by the Town Manager in regard to the following:

a.

Adoption of Minutes for September 11, 18, 25, and 27.

b.

Nominations to the Million Solar Roofs Initiative Steering Committee (R-2).

c.

Scheduling a Public Forum to Consider a Potential Change in Cablevision Public Access Fees Paid by Cable Television Customers (R-3).

e.

Award of Bid for Lease Purchase of Vehicle Replacements for 2000-2001 Fiscal Year (R-5a, 5b).

f.

Award of Bid for Lease Purchase of Computer Systems for 2000-2001 Fiscal Year (R-6).

g.

Authorization to Submit Historic Site Survey Grant Application (R-7).

h.

Scheduling Public Forum Regarding 2002-2008 Metropolitan Transportation Improvements Program (R-8).

j.

Budget Ordinance Amendment for the Northeast Gateway Competition (O-1).

This the 13th day of November, 2000.

A RESOLUTION NOMINATING APPLICANTS TO VARIOUS ADVISORY BOARDS AND COMMISSIONS (2000-11-13/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:

Million Solar Roofs Initiative Steering Committee

Fletcher Barber

Lisa Bell

Christopher W. Carter

Debra Cunningham

Chiara D’Amore

Martha Drake

Paul F. Fendt

Josh Gurlitz

Josephine L. Harris

E. Thomas Henkel

Marty Mandell

Greg McAvoy

Steve Mills

V. J. Picotte

Alicia Ravetto

Dianne Reid

Jane Sharp-MacRae

Ralph Taylor

Tom Wills

This the 13th day of November, 2000.

A RESOLUTION REGARDING THE SUPPLEMENTAL PUBLIC ACCESS RATE FOR CABLE TELEVISION IN CHAPEL HILL (2000-11-13/R-3)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council calls a public forum on November 27, 2000, to receive comments on whether the supplemental public access rate should be: adjusted for inflation to 69 cents per month; continued at the present rate of 68 cents per month; reduced; or eliminated.

This the 13th day of November, 2000. 

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE A LEASE-PURCHASE CONTRACT FOR VEHICLE REPLACEMENT PURCHASES FOR THE 2000-2001 FISCAL YEAR (2000-11-13/R-5a)

WHEREAS, the Town of Chapel Hill solicited and received competitive proposals from financial institutions for the lease-purchase of a variety of vehicles for various departments; and

WHEREAS, First Union Bank offers the lowest total interest cost for the 5-year term for the purchase of $1,186,000 for vehicles totaling $1,186,000;

NOW, THEREFORE, BE IT RESOVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to enter into a contract with First Union on behalf of the Town for the lease-purchase of vehicles at a fixed interest rate 4.98%.

BE IT FURTHER RESOLVED, that the aforesaid contracts by and between the Town of Chapel Hill, various State contract and other vendors, and First Union Bank, together with the amounts to be paid thereunder, be and the same are hereby designated as qualified tax-exempt obligations of the Town of Chapel Hill for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended.

BE IT FURTHER RESOLVED, that the Council does not reasonably expect that the Purchaser (and any subordinate entities) will issue more than $10,000,000 in qualified tax-exempt obligations pursuant to such Sections 265(b)(3)(ii) during the current calendar year.

This the 13th day of November, 2000.

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE A LEASE-PURCHASE CONTRACT FOR VEHICLE REPLACEMENT PURCHASES FOR THE 2000-2001 FISCAL YEAR (2000-11-13/R-5b)

WHEREAS, the Town of Chapel Hill solicited and received competitive proposals from financial institutions for the lease-purchase of a variety of vehicles for various departments; and

WHEREAS, Branch Banking & Trust offers the lowest total interest cost for the 3-year term for the purchase of vehicles totaling $366,000;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to enter into a contract with Branch Banking & Trust on behalf of the Town for the lease-purchase of vehicles at a fixed interest rate of 5.07%; and

BE IT FURTHER RESOLVED, that the aforesaid contracts by and between the Town of Chapel Hill, various State contract and other vendors, and Branch Banking & Trust, together with the amounts to be paid thereunder, be and the same are hereby designated as qualified tax-exempt obligations of the Town of Chapel Hill for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended.

BE IT FURTHER RESOLVED, that the Council does not reasonably expect that the Purchaser (and any subordinate entities) will issue more than $10,000,000 in qualified tax-exempt obligations pursuant to such Sections 265(b)(3)(ii) during the current calendar year.

This the 13th day of November, 2000.

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE A LEASE-PURCHASE CONTRACT FOR COMPUTER SYSTEMS REPLACEMENT PURCHASES FOR FISCAL 2000-2001 (2000-11-13/R-6)

WHEREAS, the Town of Chapel Hill solicited and received competitive proposals from financial institutions for the lease-purchase of computers and related equipment for various departments; and

WHEREAS, Wachovia Bank offers the lowest fixed interest rate of 5.00% for the purchase of desktop computers and related equipment;

NOW, THEREFORE, BE IT RESOVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to enter into a contract with Wachovia Bank on behalf of the Town for the lease-purchase of computers and related equipment at a fixed interest rate of 5.00%.

BE IT FURTHER RESOLVED that the aforesaid contracts by and between the Town of Chapel Hill, various State contract and other vendors, and Wachovia Bank, together with the amounts to be paid thereunder, be and the same are hereby designated as qualified tax-exempt obligations of the Town of Chapel Hill for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended.

BE IT FURTHER RESOLVED that the Council does not reasonably expect that the Purchaser (and any subordinate entities) will issue more than $10,000,000 in qualified tax-exempt obligations pursuant to such Sections 265(b)(3)(ii) during the current calendar year.

This the 13th day of November, 2000.

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO APPLY FOR A GRANT FROM THE STATE HISTORIC PRESERVATION FUND IN ORDER SURVEY THE TOWN’S ARCHITECTURAL FEATURES (2000-11-13/R-7)

WHEREAS, the Town, through the Comprehensive Plan Goals and Objectives, has stated the goal of conserving and enhancing areas, sites, and structures of special visual, architectural or historical value; and

WHEREAS, the Town, through the Comprehensive Plan, has stated the goal of conserving and enhancing the natural beauty and atmosphere of Chapel Hill; and

WHEREAS, updating the architectural and historic inventory would help the Town achieve these goals; and

WHEREAS, the Chapel Preservation Society has agreed to help in implementation and funding;

NOW, THEREFORE, BE IT RESOLVED, by the Council of the Town of Chapel Hill, that the Council authorizes the Town Manager to apply for a 2000 Historic Preservation Fund Grant to conduct a survey of the Town’s architectural features.

This the 13th day of November, 2000.

A RESOLUTION CALLING A PUBLIC FORUM ON THE DRAFT METROPOLITAN TRANSPORTATION IMPROVEMENT PROGRAM (2000-11-13/R-8)

WHEREAS, the Durham-Chapel Hill-Carrboro Urban Area Transportation Advisory Committee has begun the process for developing the 2002-2008 Metropolitan Transportation Improvement Program and will release a draft for public comment on November 8, 2000,

NOW, THEREFORE BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council calls a public forum for December 11, 2000 in the Council Chamber, Town Hall, 306 North Columbia Street, Chapel Hill, to consider comments on the draft Metropolitan Transportation Improvement Program; and

BE IT FURTHER RESOLVED that the Council refers the matter for comments to the Bicycle and Pedestrian Advisory Board, the Greenways Commission, the Parks and Recreation Commission, the Planning Board and the Transportation Board.

This the 13th day of November, 2000.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2000 (2000-11-13/O-1)

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, 2000” as duly adopted on June 26, 2000, be and the same is hereby amended as follows:

ARTICLE I

                                                  Current                                                                       Revised

APPROPRIATIONS                  Budget                Increase           Decrease                  Budget

GENERAL FUND

     Non-Departmental                           

            Contingency                    48,777                                           13,000                  35,777

      Planning                           1,037,822                  13,000                                      1,050,822

           

This the 13th day of November, 2000.

Item 5 - Information Items

Council Member Brown removed 5i. 

Council Member Ward removed 5d, and requested that it be dealt with early.

Regarding Item 5d, Response to Petition on Truck Parking, Jan Simon explained that she lives in a senior citizens housing complex on Culbreth Road, where 15 people have to listen to a large dump truck across the road firing up its engine early every morning.  Pointing out that the noise wakes people up (many of whom are ill), Ms. Simon asked the Council for help.

Council Member Jim Ward asked the staff how this type of nuisance issue is dealt with.  Mr. Horton replied that the Noise Ordinance might apply. 

Council Member Evans asked if the senior citizens had spoken to the truck driver.  Ms. Simon replied that the Carrboro police had done that, but the driver had started up again after a couple of months.  She added that the Carrboro police now say they cannot do anything about it because the driver is a Chapel Hill resident.

COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER STROM, THAT THE STAFF DETERMINE WHETHER THERE ARE EXISTING ORDINANCES, OR SOME OTHER WAY, TO URGE THE DRIVER TO CHANGE HIS PRACTICES SO THAT HE DOES NOT DISTURB 16 PEOPLE EVERY MORNING AT 6:30.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Regarding Item 5f, Report on Petition Regarding Improvements at the Fordham Boulevard/Willow Drive Intersection, Eva Metzger urged the Town to continue advocating for a pedestrian refuge island as indicated in the staff report.  She also asked that the Town paint a crosswalk on Willow Drive at the time that it builds a sidewalk there.  Ms. Metzger commended the staff and citizens responsible for plantings along Willow Drive.

Council Member Ward noted that the right turn arrow at some intersections (such as turning right onto Rosemary from Columbia Street) turns green at the same time that pedestrians are told to walk. Mr. Horton replied that things could be done with the timing of the signal phases that would minimize that conflict.  He offered to analyze the intersection that Council Member Ward had mentioned. 

Council Member Evans proposed that the Town pursue an education program telling motorists that pedestrians have the right-of-way.  She added that she had encountered the same situation on Raleigh Road, and suggested that the staff consider beginning an education program as well.

Item 6 - Special Use Permit Application and

Zoning Atlas Amendment for Chapel Ridge

6a.       Continuation of hearing to receive Manager’s follow-up report on a Special Use Permit for Chapel Ridge

Town Manager Cal Horton explained that the applicant had done his best to address issues raised by the Council, including some that had come late in the process.

Planning Director Roger Waldon noted that there had been a few changes in the Manager’s recommendation since it had last come before the Council.  He explained that there were two applications before the Council, and that one was for conditional use rezoning of a portion of the site.  Mr. Waldon said that the most significant change since this was last before the Council was that the applicant had proposed to provide some affordable housing on this site.  Therefore, he said, there is some new language in the Manager’s recommendation regarding affordable housing.  Mr. Waldon added that the three other changes included new standards on bicycle parking, a pedestrian refuge island on Route 86 (if NCDOT approves this), and changes to the signal timing on Route 86.

Presentation by Applicant

Dave Stockman, with Davis and Sons Construction Company, introduced in-house counsel Jim Stockman to make the presentation. 

Mr. Jim Stockman discussed the findings of fact that the Council would need to find in order to pass the zoning and the Special Use Permit (SUP).  Regarding the uses surrounding the property, he asked that the medium density residential zoning classification be included in the Council’s considerations.  Mr. Stockman argued that the project would fill some important needs for student housing in Chapel Hill and provide relief from the expected growth over the coming years.  He said that the applicant had provided more than 22,000 square feet above the requirements of open space and more than 75,000 square feet above the required amount of livability. 

Mr. Stockman expressed confidence that the applicant would meet the Development Ordinance requirements indicated as an additional finding of fact for the rezoning and SUP approval.  Regarding affordability, he said the applicant had presented a precedent-setting proposal, providing a payment-in-lieu of $30,000 to promote affordability as well as 24 one bedroom/one bath units that would rent in the low-income threshold for residents who have Section 8 vouchers.

Regarding transportation issues, Mr. Stockman referred to a traffic study that had reported no adverse impact.  He explained that the level of service should not change with the development of the project, partly because of the widening of Airport Road.  Regarding the median or traffic refuge isle, Mr. Stockman agreed with the recommendation to do so, but noted that it depends on NCDOT approval.  He requested that the applicant be required to implement it only if NCDOT responds by the end of the year.  Otherwise, Mr. Stockman said, the applicant would be willing to provide funds to the Town to resolve the problem.  He stressed that a bus route through the property would significantly reduce the need for a crossing at Airport Road, and offered to provide funds for the Town to provide bus shelters on the site. 

Regarding parking, Mr. Stockman noted that both the Planning Board and Design Commission had recommended 565 parking spaces, which is a little more than one space per bedroom.  He argued that this amount of parking is needed for student housing, commenting that students will park somewhere else if there are only 318 spaces, thus causing a nuisance as well as fire and law enforcement problems.  Mr. Stockman provided testimony from Mill Creek that serious parking issues exist there as a result of having less than one space per bedroom.  He noted that the Town’s ordinance does provide one parking spot per resident for fraternity and sorority residences, and stated that other similar projects are classified for mail delivery as being more like a fraternity or sorority rather than a multi-family housing dwelling. 

Regarding stormwater issues, Mr. Stockman said that the applicant had increased its design to a 50 year, 24-hour storm event, double what is required under the ordinance.  He pointed out that they also added a two-year, 24-hour storm event design to handle the short duration/high intensity rains that might come.  With regard to pervious paving, Mr. Stockman noted that soil conditions in North Carolina are not conducive to pervious material.  He emphasized that the applicant was not opposed to impervious paving per se, but pointed out that even the Town’s Engineering staff had agreed that it would not be as effective for this project as one would hope.

Mr. Stockman stated that there are grading requirements for accessibility that impact the northern loop road.  He explained that taking the northern road out and putting in a retaining wall would mean that the wall would have to be demolished and rebuilt if the connection to Homestead Road were to be utilized.  Mr. Stockman pointed out that building the northern road would provide a jump-start on that connection with Homestead Road.

Comments by Citizens

Paul Wilson, an Ellen Place resident, spoke about safety issues associated with the Chapel Ridge development.  He noted that there would be eight driveway connections and four public streets converging in one spot, adding that NCDOT’s accident statistics show that portion of Airport Road is an “accident hot spot.”  Mr. Wilson submitted a three-page petition from nearly all residents of Taylor Street and Ellen Place. 

Robert Loomis, an Ellen Place resident and president of the Lake Ellen Homeowners Association, also expressed concerns about public safety issues, particularly the likely increase of unregulated traffic in the Northfield Drive/Airport Road vicinity.  He added that the expected increase in pedestrians crossing Airport Road to get to the new apartments would make it more dangerous for pedestrians and motorists alike.  Mr. Loomis asked the Council to request a traffic and public safety review to recommend actions needed to make sure that the additional traffic from the Chapel Ridge development apartments does not create an unacceptably increased threat to public safety.  He suggested that they grant the SUP only after the relevant public safety issues have been resolved.

Dan Coleman argued that the proposal does not meet finding four of the Development Ordinance.  Noting that the applicant said that Chapel Ridge would be located in an area identified for higher density multi-family development, he said that it is “beyond credulity” to view students who live together in rented rooms for a semester or two as a family.  Mr. Coleman questioned whether this site and use are proper “development opportunity area” under the Comprehensive Plan.  He said that a project that is “most like a fraternity or sorority,” belongs on campus and was not a proper use of the opportunity area.

Brad Mathews, current UNC student body president, reported that students had raised a few concerns about the project.  He said that students feel the proposed plan will not meet the Comprehensive Plan’s objective of taking pressure off neighborhoods because it will not change the student/resident pattern in any appreciable way. 

Mr. Mathews added that the project did not fit with the goals of alleviating near campus student housing needs.  Mayor Waldorf asked Mr. Mathews what would fit with that goal, and he replied that in these areas it would not become a viable option for students as long as there is no top-notch local transportation system to service them. 

Council Member Wiggins asked Mr. Mathews if he could speak on behalf of students regarding the safety issue of crossing Airport Road.  He replied that crossing Airport Road at any point is risky, but said he could not speak to the impact of this project on traffic.  Mr. Mathews added that anything (such as a refuge) that will improve chances of surviving the crossing would be in the students’ best interest.

Chris Moran, representing the Interfaith Council, expressed support for the Chapel Ridge development because of its 24 new units of affordable housing.  He said that Mr. Stockman and his partners were trying to be good stewards and neighbors, and noted that they had changed their design in order to provide affordable housing in the community.  Mr. Moran noted that there were dwindling resources for affordable housing.

Council Member Foy asked Mr. Moran if Orange County had a limited number of Section 8 vouchers.  Mr. Moran replied that it did, but added that he did not think there was any concern about running out.  He pointed out that the problem is finding units to match with the vouchers.

Robert Dowling, with Orange Community Housing, explained that he had worked with the developer to craft this resolution.  He advocated supporting the application unequivocally, and described it as furthering what the Council had started.  Mr. Dowling noted that approval would not only give the Town 24 units with a Section 8 but would also set a precedent for future developers.  He cautioned that turning this project down would tell the next developer that 24 units were offered and the project was not approved. 

John McCormick spoke about the frustration that the Mill Creek tenants had experienced from having only 289 parking spaces at their 332-bedroom complex.  He said that there is never an empty space in the parking lot, and noted that students and their guests park in the fire lanes, block dumpster access, and block other cars in.  Mr. McCormick said that there are no spaces for students’ parents to park when they come to visit, or for repairmen, some of whom will not come to Mill Creek because they cannot find a place to park.  Mr. McCormick recommended against creating the same situation at Chapel Ridge, and encouraged Council members to approve the developer’s request for 565 spaces.

Comments and Questions by the Mayor and Town Council

Council Member Foy asked for a brief explanation of how the affordability component of the project works, noting that almost any student would qualify.  Mr. Waldon replied that there is nothing proposed that would prohibit a student from gaining a Section 8 voucher or from renting one of the units.  Council Member Foy said that he was referring to the next level of 80% of median income.  He then asked what would happen if there were insufficient Section 8 vouchers.  Mr. Waldon replied that nothing would prohibit students from renting the unit.  He pointed out, though, that there would be a good faith marketing agreement between the owner/management and local non-profit agencies. 

Mr. Horton added that there had been a large number of Section 8 eligibility and a low number of opportunities for Section 8 rentals.  He explained that this had been a continuing problem in the community, adding that he would expect the units to be “gobbled up” and remain in use by Section 8. 

Council Member Brown pointed out that there was no guarantee of that in the wording.  Mr. Horton replied that the local developer had agreed to work with the coalition of local affordable housing agencies to find the occupants for these units. 

Mr. Stockman added that the applicant had agreed to enter into a long-term land use restriction agreement in order to provide the affordability component into perpetuity.  He noted that this would set the rent on those units to the “Section 8 amount.” 

Mr. Stockman said that they had agreed to continue that rental structure into perpetuity.  He added that they would enter into a good faith marketing arrangement with the eight non-profits who have said they can fill the units.  Mr. Stockman remarked that it had taken time to understand how to put affordability components into a student housing project.  He said that Chapel Hill will probably be setting the standard in this respect, and that his experience has shown that there will be students who will want to stay there. 

Council Member Bateman asked if the request for the second access was coming from the developer or from the Planning Department staff.  Mr. Waldon replied that Northfield Drive access had been envisioned by the applicant from inception.  He said that the staff’s review of the plan had assumed access to Northfield Drive.  Mr. Horton added that a recent fire had underscored to him the importance of having two separate access points to this kind of project.

Council Member Bateman inquired about having a traffic light if Northfield Road does connect to the Horace William tract.  She asked about the possibility of holding off on access until the Town knows what is going to happen to Horace Williams. 

Mayor Waldorf asked for clarification about access, and Mr. Waldon explained a site had been created on Airport Road with the expectation that it might eventually provide access to the Horace Williams property.

Council Member Strom asked Mr. Karpinos if the agreement concerning the 24 units would stand if the developer sold the project.  Mr. Karpinos noted that the agreement had not yet been written, but said that he assumed it would be written to apply to the owners and their successors. 

Council Member Brown commented that both pedestrian safety and the refuge isle are “essentially unknowns.”  Mr. Horton replied that the staff was recommending the refuge isle but did not know if the State would approve it. 

Council Member Ward asked if the Fire Department felt there was adequate access on the interior loop for the northern units.  Mr. Horton replied that the Fire Department had participated in developing the recommendations and would stand by them.  Council Member Ward inquired about the possibility of having an emergency only access.  Mr. Horton noted that this had been done in other areas of Town.  He said that having one in this project would meet the requirement for safety but may not meet the traffic circulation needs.

Council Member Wiggins asked if there was a way to have a bus run through the complex so that students would not be crossing Airport Road on foot.  Mr. Horton explained that there are provisions for Town buses to go through the property, but he cautioned against writing it into a stipulation.  He then said that the staff would like to bring back a report outlining options and costs.  Mr. Horton noted that other places in Town might request similar consideration.  Council Member Wiggins asked if the Town could put the median in, and Mr. Horton replied “only if the State would give us permission.”

Council Member Evans asked which loop area might be deleted.  Mr. Waldon stated that it would be the portion between buildings seven and eleven.  She asked which buildings would be designated for low-income housing.  Mr. Horton noted that the Town had requested that the units be separated somewhat. 

Paul Slayton, Project Manager with Ponikvar & Associates, Inc. Architects, explained that there would be possibilities in buildings 2, 4, 6, 8, 10, 12 and 14.  He added that there is ample opportunity to spread the units throughout the project.

Council Member Evans asked how many units would pay the school impact fee.  Mr. Horton replied that the applicant would apply for a refund.  She asked if parking would continue to be allowed along a particular stretch of Northfield Road.  Mr. Waldon said that there is no present restriction on on-street parking, but that the Council has the ability to do so.

Council Member Evans asked if it would be wise for the Council to consider restricting construction traffic so that it does not go through the existing Brookstone Apartment complex. 

Council Member Wiggins expressed opposition to having it come out on Airport Road, adding that it would be safer to go out through the Brookstone Apartments. 

Mayor Waldorf suggested that advocates for those ideas think about wording for a stipulation.

Council Member Bateman noted all of the empty parking lots surrounding the area and asked if any attempt had been made to rent those spaces.  Mr. Stockman replied that they had not pursued that, since they were attempting to be self-contained.  He again advocated bringing the bus route through the property, and agreed to pay a $20,000 payment-in-lieu of a traffic refuge isle so that if and when the DOT agrees the Town would have the funds to build that.  Mr. Horton stated that the staff had developed language that would solve the timing issues regarding the refuge, median, and traffic signals. 

Mayor Waldorf suggested that they work on language for the construction issue.

Mr. Stockman said that the applicant would be agreeable to whatever the Council comes up with.  He suggested limiting left hand turns out of Northfield Drive onto Airport Road during peak hours.

Council Member Bateman returned to her suggestion that the Council should encourage shared parking lots.  She asked Mr. Karpinos if the open space will always remain a buffer or if it could be used for other purposes.  Mr. Karpinos replied that it could be used for other purposes if the owner came back to the Council and asked for modification of the SUP.  He noted that the restriction would apply to future owners as well.

Council Member Ward recalled that the applicant had previously recommended situating affordable units in two buildings, a statement which runs contrary to what was just said.  Mr. Stockman replied that it made no difference to them where units go or whether they are distributed among two or three buildings.  He added that he would ideally like to disburse them in groups of four.  Council Member Ward praised that idea.

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO CLOSE THE PUBLIC HEARING.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

6b.       Consideration of ordinance regarding the Zoning Atlas Amendment

COUNCIL MEMBER FOY MOVED O-2, COUNCIL MEMBER EVANS SECONDED.

Council Member Brown noted her opposition, stating approval was not appropriate.

Council Member Ward said that the safety issues were still too uncertain for him to approve.

Council Member Strom said he opposed it because the development does not meet the goals of “community building” and “development opportunities.”  He said that he would support a complete Section 8 development here, adding that the burden for student housing should be on the University.  Council Member Strom also said that absorbing student growth was not the intent of the Comprehensive Plan.

THE MOTION WAS ADOPTED 5-3, WITH COUNCIL MEMBERS BROWN, STROM AND WARD VOTING NAY.

AN ORDINANCE AMENDING THE CHAPEL HILL ZONING ATLAS FOR THE CHAPEL RIDGE DEVELOPMENT (Chapel Hill Tax Map Number 24, Lots 38A and 41G) (2000-11-13/O-2)

WHEREAS, the Council of the Town of Chapel Hill has considered the application of Ponikvar & Associates, Inc. Architects to amend the Zoning Atlas to rezone property described below from Residential-2 and Residential-4 to Residential-5-Conditional zoning, and finds that the amendment is warranted due to changing conditions in the area, and in order to achieve the purposes of the Comprehensive Plan;

NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill that the Chapel Hill Zoning Atlas be amended as follows:

SECTION I

That the portion of the site identified as now or formerly Chapel Hill Township Tax Map 24, Lot 41G, that is currently zoned Residential-4, located south of Brookstone Drive, shall be rezoned to Residential-5-Conditional zoning. 

That for the portion of the site identified as now or formerly Chapel Hill Township Tax Map 24, Lot 38A, that is currently zoned Residential-2, located west of Northfield Drive, the northern 8.3 acres shall be rezoned to Residential-5-Conditional zoning. 

The description of the portions of this site to be rezoned are indicated on the attached map.

SECTION II

That all ordinances and portions of ordinances in conflict herewith are hereby repealed.

This the 13th day of November, 2000.

Because a rezoning requires a majority approval (6 votes minimum), this must come back for a second reading.

 

6c.       Consideration of alternate resolutions regarding the Special Use Permit

Mr. Karpinos explained that consideration of the SUP at this point would be appropriate, and would be contingent upon the zoning going into effect if it passed on second reading.

Mayor Waldorf recommended taking up the SUP issue.

COUNCIL MEMBER FOY MOVED R-11A, WITH THE FOLLOWING MODIFICATIONS:

·        In stipulation #2, the number of parking spaces should be the minimum required under the ordinance (336 spaces).

·        That affordable housing is dispersed among six of the buildings.

·        That the Northfield Road connection be an emergency access only. 

Mayor Waldorf noted that the staff had been working on a figure for payment-in-lieu for the pedestrian refuge.  Mr. Horton said that they had language to offer for the Council’s consideration.  Mr. Karpinos read the new language and Council Member Foy included it in his motion.

COUNCIL MEMBER WARD SECONDED THE MOTION.

Council Member Wiggins asked if something should be included about students crossing Airport Road in the event that NCDOT does not give permission to do either of the three recommended things.

Mayor Waldorf wondered if there was a way to structure this so that Northfield Drive was for emergency access only until such time as a pedestrian refuge and a bus route ameliorate the safety issues.

Council Member Evans remarked that another alternative would be to make it a right hand turn out only.

Council Member Ward commented that this might help Chapel Ridge but would do nothing regarding the safety issues of people who are trying to get onto Airport Road.  He asked to remove the word “tree” in stipulation 3 and to remove invasive exotics from the list of landscape plantings.

Council Member Bateman asked Council Member Ward to comment on Mayor Waldorf’s suggestion.  She expressed support for the idea of having Northfield as emergency access only until there is a traffic light, a refuge isle, and a bus route through the complex. 

Council Member Foy asked if it would be feasible to have buses go through a gate that would be activated only by the buses.  Mr. Horton replied that the technology exists, but added that he did not know about the cost of doing this or what the effect would be on operating schedules.

Council Member Foy ascertained from Mr. Horton and Mr. Karpinos that the Town would have the right to put that equipment there in a public way for a public benefit. 

Mayor Waldorf said that this was a better idea than leaving it as an emergency only access.  Mr. Horton pointed out that they could write it so that they took one of those measures until they had the other better system in place, such as a traffic signal or some other device.

Council Member Wiggins supported the suggestion. 

Council Member Bateman asked if Council Member Foy would accept a friendly amendment raising the number of parking spaces to 372, which would fulfill the Council’s goal for new developments of the maximum plus 10%.  Council Member Foy accepted a friendly amendment to 370.  Council Member Foy and Mr. Horton noted that the policy was for the maximum to be 110% of the minimum, but she acknowledged that the stated goal had been 100% of minimum plus 10%.   

Council Member Brown remarked that she would be consistent and vote against this motion too.  Council Member Bateman said that she would not vote for the 556 parking spaces because the Comprehensive Plan had described this project as a development opportunity because it was on a mass transit corridor.  She pointed out that approving the level of density because it is on a mass transit corridor and then giving permission for everybody who lives there to have a parking space would send a double message.

Mr. Horton stated that stipulation 12 is the relevant one.  He suggested adding, “at such time as such access is permitted by the Council, access to Northfield drive from this development shall be limited to emergency access only until such time as the Town Council approves measures to address the safety of turning movements along Airport Road and permits access for other than emergency purposes.  Such changes shall not require a special use permit modification.”

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT R-11a, AS AMENDED TO INCLUDE 370 PARKING SPACES AND AMENDMENTS TO STIPULATIONS #2, #3, #6, #7, #9A, AND #12.   THE MOTION WAS ADOPTED 5-3, WITH COUNCIL MEMBERS STROM, BROWN AND WARD VOTING NAY, AND MAYOR WALDORF AND COUNCIL MEMBERS BATEMAN, EVANS, FOY, AND WIGGINS VOTING AYE.

Mr. Horton said that the staff would bring the ordinance back for consideration at the next regular meeting.  He noted that the SUP would not need to come back. 

Item 7 - Sidewalk/Bicycle Facilities Construction Proposal for 2000-2001

 

Mr. Horton pointed out that this is a very difficult choice process each year.  He said that the staff would happily carry out whatever program the Council wished.  Mr. Horton added that the staff had taken its “best shot” at what they think is a sound recommendation.  Mr. Waldon recommended that the Council select three projects for construction with the available funds:

·        A stretch of Rosemary Street on the north side.

·        A stretch of Ransom Street on the east side.

·        A stretch of Fordham Boulevard on the west side.

Mr. Waldon noted that the Council had asked for the Bicycle and Pedestrian Advisory Board and the Transportation Board to come up with a common set of criteria next year and a common ranking system that the Council could use next time they go through this process.  He said that the staff would work with those two boards to bring it back to the Council.

Council Member Evans asked how a sidewalk could safely be located along Fordham Boulevard, since there is no curb.  She suggested that it would be better and less expensive to put in an asphalt path, noting that a path might not destroy the landscaping that the Town had required at a previous time.  Mr. Horton said that NCDOT would have to approve the design for the sidewalk.  He said that he thought the plantings Council Member Evans was referring to were on the other side of the drainage ditch. 

Council Member Evans said that she was trying to address the issue of where people would be safe walking.  Public Works Director Bruce Heflin said that the Engineering Department was working on the design.  He said that they would propose curb and gutter there, but agreed that the final decision belongs to the NCDOT.

COUNCIL MEMBER WIGGINS MOVED R-12, SECONDED BY COUNCIL MEMBER EVANS.

Council Member Strom asked if there was enough staff time allocated toward the Bicycle and Pedestrian Advisory Board and the efforts to pursue grants.  He stressed pursuing the notion next year of allocating money from non-residential trash collection toward additional construction of sidewalks and possible bike improvements in Town.  Council Member Strom asked where the Council stands on that kind of proposal.  Mr. Horton noted that the Council had encouraged the staff to bring a working paper for consideration during the next budget process on this subject. 

Council Member Ward mentioned that the Bicycle and Pedestrian Advisory Board had wanted to spend $30,000 of that money on bike racks.  Mr. Horton replied that the staff would come back at one of the next two meetings with information on whether this could be taken from the Transportation Fund.

Council Member Ward asked for clarification on the Transportation Board’s comment amount maintenance costs associated with bike racks.  Mr. Horton replied that the staff report would address that.

Council Member Bateman asked whether the Council had required sidewalks along the Smith Middle School road.  Mr. Horton said that sidewalks had been required along the school project but not the entire road.

THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION DIRECTING THAT TOWN FUNDS BE USED TO CONSTRUCT SIDEWALK ALONG WEST ROSEMARY STREET, RANSOM STREET, AND FORDHAM BOULEVARD (2000-11-13/R-12)

WHEREAS, the Council of the Town of Chapel Hill has placed $100,000 in the Capital Improvements Program for sidewalk and bicycle facility projects in the 2000-2001 fiscal year; and,

WHEREAS, the Council will have $100,000 available from the second half of the second allocation of 1996 Bond funds to be used for sidewalk and bicycle projects during the next fiscal year; and,

WHEREAS, the Council has reviewed projects for possible use of these funds;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that 2000-2001 Capital Improvements Program funds and the funds from the second half of the second allocation of the 1996 Bond funds be used to construct the following sidewalk projects:

This the 13th day of November, 2000.

Item 8 - Proposed Smith Level Road Area Rezoning

and Land Use Plan Amendment

Mr. Waldon reported that the staff had recommended rezoning these two properties in a manner that is consistent with and would promote the objectives of the Comprehensive Plan.

Council Member Evans asked Mr. Karpinos if it would “constitute a taking” if the Council down-zoned the property with the intent of maybe purchasing it.  Mr. Karpinos replied that it would not, noting that the Town might be offered the property at the higher zoning classification values rather than the rezoned values.  He said that the Town would then have to decide whether they were willing to continue to negotiate or not.  Mr. Karpinos said that towns get into trouble when they down-zone a property and then immediately try to acquire it by eminent domain or establish its value in court as the down-zoned value.

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT O-3a.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

AN ORDINANCE AMENDING THE CHAPEL HILL ZONING ATLAS FOR THE IMPLEMENTATION OF THE COMPREHENSIVE PLAN (Chapel Hill Township Tax Map 122, Block B, Lot 8A, and Chapel Hill Township Tax Map 126, Block A, Lot 3) (2000-11-13/ O-3a)

WHEREAS, the Council of the Town of Chapel Hill has considered its initiative to amend the Zoning Atlas to rezone property described below from Residential-1 to Residential-Low Density 5, and finds that the amendment is warranted due to changing conditions in the area, and in order to achieve the purposes of the Comprehensive Plan;

NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill that the Chapel Hill Zoning Atlas be amended as follows:

SECTION I

That the portion of the site identified as now or formerly Chapel Hill Township Tax Map 122, Block B, Lot 8A that is currently zoned Residential-1 shall be rezoned to Residential-Low Density 5 zoning. 

That the portion of the site identified as now or formerly Chapel Hill Township Tax Map 126, Block A, Lot 3 that is currently zoned Residential-1 shall be rezoned to Residential-Low Density 5 zoning.

The description of the portions of this site to be rezoned are indicated on Map 1 submitted to the Council on November 13, 2000.

SECTION II

That all ordinances and portions of ordinances in conflict herewith are hereby repealed.

This the 13th day of November, 2000.

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT R-13.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION AMENDING THE LAND USE PLAN CHANGING LAND USE DESIGNATION ON PROPERTIES REMOVED FROM URBAN SERVICES AREA (2000-11-13/R-13)

WHEREAS, the Town Council on May 8, 2000, removed portions of two properties in the Southern Area from the urban services area by shifting the urban services boundary farther east from Smith Level Road;

WHEREAS, the 2000 Land Use Map recommends for this property a residential density that would be unsuitable for development on septic systems;

WHEREAS, the Comprehensive Plan states that zoning should be in accordance with the Land Use Plan;

WHEREAS, the Town Council has rezoned the property to a residential density lower than the range the Land Use Plan recommends for the property;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Council amends the Land Use Plan as indicated on Map 4 submitted to the Council on November 13, 2000.

This the 13th day of November, 2000.

Item 9 - Proposed Rezoning Initiative for Promoting Affordable Housing

Mr. Waldon explained that the staff had eliminated five parcels from this list, based on the Council’s previous discussion.  He said it left a total of 32 parcels, representing 251 acres of land, and the proposal was to rezone those 32 properties to a lower density district, presumably R-1.  Mr. Waldon suggested calling a public hearing on March 19th, 2001, if the Council decides to go ahead with this rezoning.

Council Member Foy asked if the three parcels on page three of the materials should be included.  Mr. Horton replied that they had been eliminated in the final analysis, following the Council’s guideline, because they are commercial properties.

COUNCIL MEMBER STROM MOVED R-14 WITH THE RE-INCLUSION OF THE FIVE PARCELS THAT HAD BEEN PREVIOUSLY ELIMINATED.  COUNCIL MEMBER WARD SECONDED.

Council Member Strom noted that interesting information about those parcels might come out at the public hearing.

Council Member Evans stated that she would not support the resolution because she did not think it would achieve the Council’s goals.  She added that the resolution would lead to neighborhood concern that the land next to them will always be rezoned to meet Town goals.  Council Member Evans stated that the Town could meet the affordable housing component in its mixed use zoning category.

THE MOTION WAS ADOPTED (7-1) WITH COUNCIL MEMBER EVANS VOTING NAY.

A RESOLUTION CALLING PUBLIC HEARINGS TO CONSIDER REZONING (2000-11-3/R-14)

WHEREAS, the Town Council has adopted a Mixed Housing Ordinance and policies seeking 15% of housing units in developments be affordable; and

WHEREAS, the Town Council on April 10, 2000, indicated its intent to consider zoning undeveloped property in Chapel Hill to reduce the allowable intensity of development to achieve affordable housing objectives;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council calls public hearings for Monday, March 19, 2001, at 7 p.m. in the Council Chamber, Town Hall, 306 N. Columbia Street, to consider zoning property in Chapel Hill to reduce the allowable intensity of development as shown in Map 1 of the Council’s agenda materials of November 13, 2000.

This the 13TH day of November, 2000.

Item 10 - Options for Scheduled Yard Waste Collection

Public Works Director Bruce Heflin reported that over the last five years the Town had virtually doubled the amount of yard waste collected, with a dramatic increase each year for the last three years.  He explained that the current practice was to collect garbage first and then use the residual workforce to collect yard waste.  Mr. Heflin noted that there were times when the Department had been unable to pick up every two weeks and that citizens had asked for more predictability.  The report gives options for attempting to do that, he said, through changing the preparation requirements and/or adding resources.

Mr. Heflin acknowledged that the Department had not been rigorous in enforcing the preparation requirements.  He explained that this was mainly because of bad weather and the staff’s focus on picking up regardless of preparation.  Mr. Heflin recommended adding more preparation requirements, regardless of additional resources, pointing out that there would have to be better preparation requirements if the Town wants to keep to a two-week collection cycle.  He outlined the costs and benefits of three service alternatives:

1.      Option 1—Status Quo Average two week unscheduled collection cycle throughout most of the year (no additional cost).

2.      Option 2—Scheduled every other week (even/odd) collection service.  Add one brush collection crew (1st year cost- #108,300, 2nd year cost - $126,500).

3.      Option 3—Weekly scheduled service, day specific.  Add two brush collection crews (1st year cost - $216, 700; 2nd year cost - $253,100).

Mr. Heflin said that most cities surveyed collect yard waste on a weekly basis.  But, he noted, they have significant resource allocation to do that and significant preparation requirements.  Mr. Heflin offered to fine tune the estimates and bring back a definite proposal as part of his budget, if the Council so desires. 

Lynn Kane, speaking on behalf of the 56 homeowners of The Meadows in Chapel Hill, requested that the Town:

 

1.      Schedule yard waste collection on a set day for each neighborhood.

2.      Schedule yard waste and/or leaf collection at least every six weeks (perhaps every other or third week for private homes).

3.      Require the yard waste collector to pick up by the end of the second day after scheduled pick-up if a truck breaks down.

4.      Publish collection container requirements two times before these requirements change.

5.      Collect leaves in specified containers on a schedule, and not loose.

6.       Professionally clean every storm drain in Chapel Hill at least once a year.

Ms. Kane asked if other neighborhoods had long branches hauled away by the Town.  She said that she and her neighbors had been paying a landscape service to do that.

Council Member Strom requested adding another option:  Move away from the nominal two week schedule and go to a schedule that would not require adding another crew or buying another machine but would increase the predictability of yard waste pickup.  He said that people have complained about not knowing when it will be picked up, not about infrequent collection.  Council Member Strom also said that he was not comfortable with the fee basis for collection of loose piles.

Council Member Brown asked why the Department had recommended a smaller cart.  Mr. Heflin replied that 32 gallons is about the largest an individual can lift without injuring himself if the container does not have the universal flipper.

Council Member Evans suggested that one of the staff’s recommendations should be to require landscapers to remove refuse rather than leave it at the curb.  Mr. Heflin replied that there was no way to distinguish between waste left by a landscaper and that left by a private resident.

Council Member Ward agreed with Council Member Strom that predictability rather than frequency is the critical factor.  He asked for another option reflecting that.  Council Member Ward said that the Town should educate Chapel Hill citizens that most yard waste can be composted.  Mayor Waldorf agreed.  Mr. Heflin replied that the Department does this in its publications and is planning to put out a solid waste services brochure again within the next year.  He said that the Department would advocate composting in those publications.

Mr. Heflin explained that frequency and predictability are a function of how many people there are in Town and how much material is out by the curb.  He agreed to try and work on another option, but pointed out that ensuring predictability requires having enough resources.

Mayor Waldorf noted that no one had expressed enthusiasm for having weekly collections.

Council Member Wiggins expressed interest in seeing figures on every fourth week collection, noting that people would do their yard work before the fourth week.  She added that if someone has a large amount of yard waste they could call to have it picked up.

Mayor Waldorf said that she thought the item had come before them because Council members had received complaints about predictability and frequency of pick up and wanted more information.  Mr. Horton said he understood that the Council wanted him to determine if it was possible to have a high degree of predictability without adding resources.  He said that determining this might be difficult because the Department would still need to pick up the same volume of material.  Mr. Horton added that the staff would do its best to develop a fourth option by budget time.

Item 11 - Addendum to Agreement with Consultant for

Employer-Employee Housing

Council Member Wiggins reported that this project may not proceed with the other partners.  She said that she and Mayor Waldorf would like to request additional resources for the Council possibly doing it alone.

Council Member Ward asked if the University had recently become re-interested in this.  Mayor Waldorf replied that they had not said yes or no, but had asked for more information and were willing to pay for that information.

Council Member Strom, noting that the Town was paying for a third of the additional market analysis, asked if the Town was obligated to do that analysis under the agreement.  Mr. Horton replied that there seemed to be general agreement among the Work Group that was addressing this issue that it would be desirable to have further, more carefully done, market analysis.  He added that the University had expressed a strong interest in considering whether or not some of their technical and entry-level people might have an interest in this as well.  Mr. Horton also said that there was interest in the Work Group in proceeding with this.  He added that the University believes they need to do it and the Hospital is still willing to pay a third of the cost, so the Town would get the data it needs at a price that is affordable.

Council Member Evans asked where the current conceptual plan for Town Lot #5 came from.  She remarked that she had never heard a discussion of residential units being on that prime piece of commercial real estate.

Mayor Waldorf said that she agreed with Council Member Evans, but explained that the “current conceptual development plan” in the minutes merely refers to conversations in the Work Group during a period when they were told that the public property they could look at right now was the Town’s property. 

Council Member Evans said that she had asked the consultant about the redevelopment of the 440 West Franklin Street building and the consultant had replied that it was not in the scope of their study.  Mr. Horton recalled that the University had later said the 440 West Franklin Street building was not to be considered.  Council Member Evans cautioned that it would be important to have a mixture of salary ranges so that those who live in the Downtown area could support the merchants there.  She asked why it was being limited to “young professionals and recently hired employees.”  Mr. Horton said that the University had offered to have people from the Business School review the consultant’s proposal, provide feedback, and shape this into its most productive form.  He advised against Council members trying to do it at the table when they have the opportunity to get this help from the University. 

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT R-9.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION AUTHORIZING THE MANAGER TO EXECUTE AN AMENDMENT TO THE MAY 10, 2000 AGREEMENT WITH UniDev, L.L.C., FOR THE PROVISION OF CERTAIN CONSULTING SERVICES (2000-11-13/R-9)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Town Manager to execute on behalf of the Town an amendment to the May 10,2000 agreement with UniDev, L.L.C., in substantially the form as presented to the Council at its meeting on November 13, 2000.

This the 13th day of  November, 2000.

COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT O-4.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2000 (2000-11-13/O-4)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled “An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 2000” as duly adopted on June 26, 2000 be and the same is hereby amended as follows:

ARTICLE I

                                                  Current                                                                       Revised

APPROPRIATIONS                  Budget                Increase           Decrease                  Budget

GENERAL FUND

            Non-Departmental                                                                          

                Housing Project                   0                  35,500                                           35,500

ARTICLE II

                                                  Current                                                                       Revised

REVENUES                               Budget                Increase           Decrease                  Budget

GENERAL FUND                                                            

            Grants                           518,583                  13,667                                         532,250

            Fund Balance               2,275,156                21,833                                          2,296,989

This the 13th day of November, 2000.

Item 12 - Comprehensive Annual Financial Report and Auditor’s Letter

12a.  Presentation by the Auditor

Finance Director Jim Baker introduced Arnie Thompson, an auditor with McGladrey and Pullen, L.L.P.  Mr. Thompson presented results of the Town’s audited financial statement as of June 30, 2000.  He said that the Town had received a clean, or unqualified, opinion which is the best opinion a town can receive from a public accounting firm.  Mr. Thompson said that McGladrey and Pullen did not note any instances that should be addressed in a separate management letter.  He gave a brief overview of the Comprehensive Annual Financial Report and noted the Certificate of Achievement, which means that the Annual Financial Report for last year had met the highest standards for governmental accounting.

12b.  Questions from Mayor and Council Members

Council Member Foy asked for clarification of what was included in some of the figures on pages 99 and 138.  He asked if it was correct that the Town had $4.3 million in unspent bonds funds.  Mr. Horton pointed out that the funds were unspent, but allocated.

The report was accepted by consensus of the Council.

Item 13 - Appointments

13a.  Bicycle and Pedestrian Advisory Board

The Council appointed Frederick Sledge and Stephen Shrewsbury.

Bicycle and Pedestrian Advisory Board

Council Members

Applicants

Waldorf

Bateman

Brown

Evans

Foy

Pavão

Strom

Ward

Wiggins

TOTAL

Alice Neebe

                   

Doug Venema

   

X

           

1

Frederick Sledge

X

X

 

X

X

 

X

X

X

7

Stephen Shrewsbury

X

X

X

X

X

 

X

X

X

8

13b.  Million Solar Roofs Initiative Steering Committee

The Council appointed all 19 applicants.


Southern Community Park Conceptual Plan Committee

Council Members

Applicants

Waldorf

Bateman

Brown

Evans

Foy

Pavão

Strom

Ward

Wiggins

TOTAL

Fletcher Barber

X

X

X

X

X

X

X

X

X

9

Lisa Bell

X

X

X

X

X

X

X

X

X

9

Christopher Carter

X

X

X

X

X

X

X

X

X

9

Debra Cunningham

X

X

X

X

X

X

X

X

X

9

Chiara D’Amore

X

X

X

X

X

X

X

X

X

9

Martha Drake

X

X

X

X

X

X

X

X

X

9

Paul Fendt

X

X

X

X

X

X

X

X

X

9

Josh Gurlitz

X

X

X

X

X

X

X

X

X

9

Josephine Harris

X

X

X

X

X

X

X

X

X

9

Thomas Henkel

X

X

X

X

X

X

X

X

X

9

Marty Mandell

X

X

X

X

X

X

X

X

X

9

Greg McAvoy

X

X

X

X

X

X

X

X

X

9

Steve Mills

X

X

X

X

X

X

X

X

X

9

V.J. Picotte

X

X

X

X

X

X

X

X

X

9

Alicia Ravetto

X

X

X

X

X

X

X

X

X

9

Dianne Reid

X

X

X

X

X

X

X

X

X

9

Jane Sharp-MacRae

X

X

X

X

X

X

X

X

X

9

Ralph Taylor

X

X

X

X

X

X

X

X

X

9

Tom Willis

X

X

X

X

X

X

X

X

X

9

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER STROM, TO APPOINT COUNCIL MEMBER BROWN AS ITS REPRESENTATIVE TO THE MILLION SOLAR ROOFS INITIATIVE.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0). 

13c.  Human Services Advisory Board

The Council appointed William Powers.

Human Services Advisory Board

Council Members

Applicants

Waldorf

Bateman

Brown

Evans

Foy

Pavão

Strom

Ward

Wiggins

TOTAL

William F. Powers

X

X

X

X

X

X

X

X

X

9

Item 14 - Petitions

14a.  By Mayor and Council Members

Council Member Bateman asked for a report on the Town’s process for limiting occupancy to no more than four unrelated people per household.  Mr. Horton replied that the staff had done this case by case.  He explained that the most recent case had been at 401 Ransom Street where the Town has successfully obtained compliance.  Mr. Horton agreed to provide information on that and asked citizens to report candidates to the Manager’s office.

Council Member Wiggins requested that Council members visit the Town’s website, particularly the one that is following the Piney Mountain Road construction.

Item 15 - Reserved for Discussion of Consent

Agenda Items if Necessary

Agenda #5i - Report on NC Metropolitan Coalition

Council Member Brown asked for clarification of Mayor Waldorf’s intent.  Mayor Waldorf said that she felt she should bring the possible change to the Council’s attention.  Council Member Brown expressed concern about the Coalition broadening its focus from seeking funding for local transit.  Mayor Waldorf said she had thought it was clear that this group would pursue a dedicated source of funding, and saw nothing wrong with the Coalition having another issue or two.  She asked if the Council wanted her to go to the meeting on November 30th and endorse the direction or not.

COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER EVANS, THAT THE TOWN’S MEMBERSHIP BE TRANSFERRED TO NEW COALITION.  THE MOTION WAS ADOPTED (7-1), WITH COUNCIL MEMBER BROWN VOTING NAY.

The meeting adjourned at 11:06 p.m.