SUMMARY MINUTES OF A BUSINESS MEETING

OF THE CHAPEL HILL TOWN COUNCIL

Monday, September 10, 2001, 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, Lee Pavão, Bill Strom, Jim Ward, and Edith Wiggins.

Staff members present were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Assistant to the Manager Bill Stockard, Police Chief Gregg Jarvies, Parks and Recreation Director Kathryn Spatz, Planning Director Roger Waldon, Long Range Planning Coordinator Chris Berndt, Police Administrative Analyst Valerie Foushee, and Town Clerk Joyce Smith.

Item 1 – Ceremonies (none)

Item 2 – Public Hearings: 2001 Law Enforcement Block Grant

Police Administrative Analyst Valerie Foushee said that the purpose of the public hearing was to provide an opportunity for citizens to comment on the expenditures proposed for the 2001 Law Enforcement Block Grant currently under consideration.  She said that holding the public hearing was one of the three requirements for eligibility to receive the grant, adding this was the fifth consecutive year that the Department had been eligible for the grant, which has been a great benefit to the Department.  Ms. Foushee said the funds would enable the Department to receive training for all employees, provide technology upgrades, and implement crime-prevention programs.  After the comments from the public hearing, she said the Department would be returning to the Council on September 24, 2001, for authorization to receive and accept the grant.

MAYOR PRO TEM PAVÃO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO RECEIVE AND REFER THE REQUEST TO THE MANAGER.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 3–Petitions by Citizens and Announcements by Council Members

3a. Petitions by citizens on Items not on the Agenda.

3a(1).  Joy Bingham, a student at North Carolina State University (NCSU), Department of Health Education, and intern student at the Pine Knolls Community.

Ms. Bingham said she had noticed and reported illegal dumping of bulky household appliances and rubbish on Lincoln Lane and Wentworth Street.  She said the written petition, with over 50 signatures, she had presented to the Council requested that signs be placed stating “No dumping and guilty parties will be fined” on both streets.

Ms. Parrish said that the community had tried to do something about the dumping previously, and the only way that they would get help from this dumping was for the Town to put up a sign stating that there would be a fine.  She said the neighbors knew who was doing the dumping, and it if continued after a sign was erected, the community would disclose the name of the person who was dumping.  Ms. Parrish said the community was trying to keep itself clean and free of trash.

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

3c. Announcements by Council Members.

3c(1).  Council Member Strom, speaking as the Council member of the Capital Needs Advisory Task Force updated the information on the 2001 County Bond. 

Council Member Strom said the Task Force came out well in the final recommendations that the Commissioners had put onto the Bond referendum which will be on the ballot in the fall: $48 million for the two school systems; $20 million for parks, recreation and open space throughout the County; $4 million for Senior Centers; and $4 million for affordable housing projects.  He said the specific funds on the Chapel Hill Parks and Recreation bonds are $2.5 million for the aquatic center, $1 million for the Chapel Hill component with Carrboro for the joint greenways (total $1.75 million), and $2 million for the Southern Community Park.

Council Member Strom said that along with himself, Council Members Foy and Ward, and Mayor Waldorf, represent Chapel Hill on the Parks and Recreation Education Committee, and he extended an invitation to any of the Council Members or interested citizens to help educate the public on this issue.  He said they should contact Assistant County Manager Rod Visser or County Clerk to the Commissioners, Beverly Blythe, at 732-8181.

3c(2).  Mayor pro tem Pavão.

 Mayor pro tem Pavão announced that the meeting for the Schools and Land Use Council was postponed until October 10, 2001, since the staff needed more time for preparation.

Item 4 – Consent Agenda

Council Member Foy, commenting on 4c, explained that the Town was buying 13 acres of open space on the south side of Morgan Creek, east of Smith Level Road, as part of the ongoing effort to assemble properties for greenways, which was money being used from the 1996 Open Space and Parks Bond.  He said he felt that people should know that the money was being used wisely.

Mayor Waldorf said this showed how important it was that everyone be supportive of the County Bond issue, to have the resources available when the opportunities arose.

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

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES (2001-09-10/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:

This the 10^th day of September, 2001.

A RESOLUTION CALLING A PUBLIC HEARING ON ZONING ANNEXED PROPERTY IN DURHAM COUNTY (2001-09-10/R-2)

WHEREAS, the North Carolina General Assembly has set forth the State's policy that municipalities are created to provide the governmental services essential for sound urban development and for the protection of public health, safety and welfare; and

WHEREAS, the General Assembly has set forth the policy that municipal boundaries should be extended to include new urban development; and

WHEREAS, the Town of Chapel Hill's general policy has been to annex areas when they qualify under State law and the Town can practically extend and finance municipal services to the qualifying areas; and

WHEREAS, the N.C. General Assembly on August 8, 2001, ratified Senate Bill 697 annexing several properties into Chapel Hill; and

WHEREAS, the Town of Chapel Hill does not have zoning for three parcels annexed in Durham County;

NOW, THEREFORE BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council calls a Public Hearing to be held on Monday, September 24, 2001 at 7:00 p.m. in the Council Chamber of the Chapel Hill Town Hall, 306 N. Columbia Street, for the purpose of considering Residential-1 zoning for the area as indicated on Map 1.

This the 10^th day of September, 2001.

AN ORDINANCE TO AMEND "THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2001” (2001-09-10/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, 2001" as duly adopted on June 25, 2001, be and the same is hereby amended as follows:

ARTICLE I

                                                                                                                                                                                                                                     Current                                                              Revised

APPROPRIATIONS                               Budget                 Increase          Decrease        Budget

GENERAL FUND

Mayor/Council                            225,375                      5,753                              231,128

Town Manager                            921,814                    45,447                             967,261

Personnel                                                540,850                    25,631                              566,481

Finance                                                1,286,534                    49,635                           1,336,169

Legal                                                       210,448                      6,630                              217,078

Planning                                                   984,675                    63,353                           1,048,028

Inspections                                              597,545                      2,740                              600,285

Engineering                                              923,386                    23,912                              947,298

Public Works                                       9,423,656                   273,588                          9,697,244

Police                                                   8,711,183                    59,674                          8,770,857

Fire                                                      4,593,203                    23,589                           4,616,792

Parks & Recreation                              1,990,911                    70,690                           2,061,601

Library                                                 1,811,099                    48,363                           1,859,462

Non-Departmental                                4,714,665                    92,196                           4,809,861

TOTAL GENERAL FUND               36,935,344                  791,201                         37,726,545

PUBLIC HOUSING FUND                1,470,858                    29,448                           1,500,306

ON-STREET PARKING FUND            626,500                    41,279                              667,779

                                                               Current                                                              Revised

APPROPRIATIONS                               Budget                  Increase       Decrease          Budget

OFF-STREET

    PARKING FUND                           1,107,000                    48,218                           1,155,218

TRANSPORTATION FUND             8,973,004                    15,812                            8,988,816

VEHICLE REPLACEMENT              

  FUND                                            2,789,600                       807,071                          3,596,671

CAPITAL

  IMPROVEMENTS FUND             1,155,500                       304,551                          1,460,051

HOUSING LOAN

  TRUST FUND                                  252,000                       84,069                               336,069

LIBRARY GIFT FUND                      103,000                       16,840                               119,840

DOWNTOWN SERVICES

  DISTRICT FUND                               68,000                         3,834                                 71,834

ARTICLE II

                                                            Current                                                        Revised

REVENUES                                        Budget                        Increase        Decrease        Budget

GENERAL FUND

  Fund Balance                         820,000                       791,201                            1,611,201

PUBLIC HOUSING FUND

  Fund Balance                           22,115                       29,448                                 51,563

ON-STREET PARKING FUND

  Fund Balance                                    0                       41,279                                 41,279

OFF-STREET PARKING FUND

  Fund Balance                             4,000                       48,218                                 52,218

TRANSPORTATION FUND

  Fund Balance                         331,109                      15,812                                 346,921

                                                            Current                                                   Revised

REVENUES                                        Budget            Increase           Decrease             Budget

VEHCILE REPLACEMENT

  FUND

    Fund Balance                                   448,310          807,071                                   1,255,381

CAPITAL IMPROVEMENTS

  FUND

  Fund Balance                                     405,500          304,551                                      710,051

HOUSING LOAN TRUST FUND

  Fund Balance                         192,000                       84,069                            276,069

DOWNTOWN SERVICES

  DISTRICT FUND

    Fund Balance                                              0                       3,834                                3,834

This the 10^th day of September, 2001.

A RESOLUTION AUTHORIZING THE MANAGER TO USE TOWN OPEN SPACE BOND FUNDS FOR PURCHASE OF TWO PARCELS (IDENTIFIED AS CHAPEL HILL TAX MAP LOTS 7.122.B.21 AND 7.122.B.21A) TOTALING APPROXIMATELY 12.59 ACRES OF PROPERTY SOUTH OF FRANK PORTER GRAHAM SCHOOL AND WEST OF HIGHWAY 15-501 FOR $189,000 (2001-09-10/R-3)

WHEREAS, in November 1996, Chapel Hill voters approved $3,000,000 in general obligation bonds for purchase of open space; and

WHEREAS, on May 26, 1998, the Council adopted the Chapel Hill Greenways Comprehensive Master Plan, which set as a goal the construction of a trail along Morgan Creek from the Merritt Pasture to the Carrboro Town line near Smith Level Road; and

WHEREAS, this 12.59 parcel meets the Council goal of acquiring land suitable for promoting non-automobile community connectivity and/or preserving scenic vistas, environmentally sensitive areas, Resource Conservation District land, community open space and neighborhood open space; and

WHEREAS, in September 2000, the Council identified the tract for possible acquisition; and

WHEREAS, the Town has been actively acquiring land along Morgan Creek;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is authorized to use Town 1996 Open Space bond funds for purchase of 12.59 acres of property located west of Highway 15-501, east of Smith Level Road and south of Frank Porter Graham School.

This the 10^th day of September, 2001.

A RESOLUTION AUTHORIZING EXECUTION OF CONTRACTS WITH THE UNIVERSITY OF NORTH CAROLINA AND THE TOWN OF CARRBORO FOR PUBLIC TRANSPORTATION SERVICES IN 2001-02 (2001-09-10/R-4)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves, and authorizes the Town Manager to execute on behalf of the Town, contracts with the University of North Carolina at Chapel Hill and the Town of Carrboro for the Town to provide them public transportation services, provided said contracts shall not increase the cost of the Town of Chapel Hill transit services above the Town’s budgeted amounts and are substantially in accord with the adopted budget of the Town of Chapel Hill.

This the 10^th day of September, 2001.

A RESOLUTION SETTING A PUBLIC FORUM FOR DEVELOPMENT OF THE 2004-2010 CHAPEL HILL TRANSPORTATION PRIORITY LIST (2001-09-10/R-5)

WHEREAS, the Durham-Chapel Hill-Carrboro Metropolitan Planning Organization has proposed a schedule for developing the 2004-2010 State and Metropolitan Transportation Improvement Programs; and

WHEREAS, the Metropolitan Planning Organization has requested local governments prepare transportation project priority lists for use in the development of a Regional Transportation Priority List;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Tow of Chapel Hill that the Council schedules a public forum on the 2004-2010 Chapel Hill Transportation Project Priority List at 7:00 pm on October 22, 2001 in the Council Chambers, 306 N. Columbia Street.

BE IT FURTHER RESOLVED that the Council requests that the Durham-Chapel Hill-Carrboro Transportation Advisory Committee hold its public hearing on the draft Regional Priority List in February 2002 to allow for adequate local comment.

BE IT FURTHER RESOLVED that the Council schedules a public forum on the 2004-2010 Regional Priority List at 7:00 pm on January 14, 2002 in the Council Chamber, 306 N. Columbia Street.

This the 10^th day of September, 2001.

A RESOLUTION SETTING A PUBLIC FORUM FOR CONSIDERATION OF THE US 15-501 MAJOR INVESTMENT STUDY PHASE II FINAL REPORT (2001-09-10/R-6)

WHEREAS, the Town of Chapel Hill has been a participant in the development of the US 15-501 Major Investment Study; and

WHEREAS, it is anticipated that the US 15-501 Major Investment Study Phase II Final Report will be released by the Durham-Chapel Hill-Carrboro Transportation Advisory Committee for public comment on October 10, 2001;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council schedules a Public Forum on the US 15-501 Major Investment Study Phase II Final Report at 7:00 pm on October 17, 2001, in the Council Chamber, 306 N. Columbia St.

This the 10^th day of September, 2001.

A RESOLUTION AUTHORIZING THE MILLION SOLAR ROOFS STEERING COMMITTEE TO BEGIN IMPLEMENTION OF THE MILLION SOLAR ROOFS ACTION PLAN (2001-09-10/R-7)

WHEREAS, the Town Council in November 2000 appointed the Million Solar Roofs Steering Committee to develop an Action Plan to achieve the Council’s goal of 500 new solar energy systems installed by 2010 in the Chapel Hill area; and

WHEREAS, the Steering Committee in June 2001 presented the Council the Chapel Hill Million Solar Roofs Action Plan recommending actions intended to make progress on the 500-system goal; and

WHEREAS, the Council’s charge to the Committee in February 2000 included implementation and meeting for one year; and

WHEREAS, the continuation of the Committee in implementing and monitoring the Action Plan’s recommendations would provide a basis for a grant application to the N.C. Solar Center that could help fund materials and staff support; and

WHEREAS, the Council desires to continue with pursuing the recommendations in the Action Plan;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes staff support for the Chapel Hill Million Solar Roofs Committee which will include preparation and organizational activities for the five Steering Committee meetings, pursuit of grants and other funding, supervision of contract staff assistance, and the development of a web site.

This the 10^th day of September, 2001.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2001” (2001-09-10/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, 2001” as duly adopted on June 25, 2001, be and the same is hereby amended as follows:

ARTICLE I

                                                Current                                                             Revised

APPROPRIATIONS               Budget            Increase           Decrease                      Budget

GENERAL FUND

            Non-Departmental

                        Contingency          35,565                                     5,000                           30,565

            Planning                        1,048,028           5,000                                                1,053,028

This the 10^th day of September, 2001.

Item 5 – Information Items

All items received with no discussion.

Item 6 – Follow-Up Report on University Discussions Regarding Fiscal Issues

Delayed for discussion later in the meeting.

Item 7 - Continuation of Discussion Regarding Disposition of the Greene Tract

Delayed for discussion later in the meeting.

Item 8 – Sidewalk Ranking System for Developing a Sidewalk and Bicycle Facilities Construction Plan for 2001-2002

Planning Coordinator Chris Berndt presented a unified sidewalk ranking system recommended by both the Bicycle and Pedestrian Advisory Board and the Transportation Board.  She said the key differences between the previous ranking system and the new one was that the new system emphasized the sidewalks on major roads or arterial roads, provided more emphasis on being nearer pedestrian generators, and more emphasis on fixing the small gaps in the system.  Ms. Berndt stressed that the new system would be used with other qualitative factors listed in the memorandum.  She said the staff was asking the Council to endorse the proposed new ranking system and a process for considering spending up to $250,000 of available funds.  The staff, Ms. Berndt said, was asking for a public forum to be scheduled for October 22, 2001.

Council Member Evans said she noticed that two considerations were no longer part of the ranking system:  whether the Town had existing right-of-way and the type of topography, and might take up the funding for only a few projects.  She asked why those items were no longer considered as factors.  Ms. Berndt said they were still being considered, but were being considered qualitatively by the Transportation Board as opposed to being in the ranking system.  She pointed out a note at the bottom of Attachment 1 in the memorandum, which explained the Boards’ feeling that the ranking system would be used as a general guide for identifying a group of new sidewalks in Chapel Hill, to be used in conjunction with the other ranking system.

Council Member Ward said it was his understanding that the two Boards wanted to come up with a list of greatest needs, and later compare it with the money needed, and where it would be best spent.

COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT RESOLUTION 10. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ENDORSING A SIDEWALK RANKING SYSTEM AND CALLING A PUBLIC FORUM TO HEAR CITIZEN COMMENTS AND INPUT REGARDING A SIDEWALK AND BICYCLE FACILITIES CONSTRUCTION PLAN FOR FY 2001-2002 (2001-09-10/R-10)

WHEREAS, the Chapel Hill Town Council has received a joint recommendation for a sidewalk ranking system from the Bicycle and Pedestrian Advisory Board and the Transportation Advisory Board; and

WHEREAS, the Chapel Hill Town Council desires to hear citizen comments on sidewalk and bicycle project priorities for 2001-2002;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby endorses the sidewalk ranking system recommended by the Bicycle and Pedestrian Advisory Board and the Transportation Advisory Board, shown as Attachment 1 to the memorandum to the Town Council dated September 10, 2001.

BE IT FURTHER RESOLVED that the Council hereby sets a Public Forum for Monday, October 22, 2001, in the Council Chamber, Town Hall, 306 North Columbia Street, to receive citizen comments on a proposed Sidewalk and Bicycle Facilities Construction Plan for FY 2001-2002.

This the 10^th day of September, 2001.

Item 9 – Skate Park Concession Agreement

Parks and Recreation Director Kathryn Spatz reported that the item under discussion was the potential to change the contract which the Town had with the concessionaire at Homestead Park Skate Park and the Batting Cage.  She said that in mid-August the concessionaire sent a letter stating that the cage/skate park facilities were not operating profitably under the current terms of the agreement and requested that the agreement be modified.  Ms. Spatz said the item had two options: (1) to authorize the Manager to renegotiate the contract, and (2) the concessionaire would continue to operate it as long as he could, but eventually the Town would have to assume operation.

Council Member Bateman commented that it was reasonable to ask the concessionaire to continue running the facility and that it was a wonderful facility and was being used a good deal.  She said for the Town to take over would be an added expense.

MAYOR PRO TEM PAVÃO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 11A.

Council Member Foy asked if the Resolution was adopted would the option of 180 days for termination of the contract be retained. Mr. Horton said the Town would retain that option, and would renegotiate by the terms outlined in the Resolution option.

THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION AUTHORIZING THE MANAGER TO AMEND A CONCESSION AGREEMENT WITH RYAN’S WORLD OF CHAPEL HILL, INC. FOR OPERATION OF THE CHAPEL HILL SKATE PARK AND BATTING CAGE FACILITIES (2001-09-10/R-11a)

WHEREAS, the Town of Chapel Hill has constructed a skate park and batting cage at its Homestead Park; and

WHEREAS, Ryan’s World of Chapel Hill, Inc. has been the concessionaire since November 1999; and

WHEREAS, changes to the concession agreement would allow the Manager to address concerns that affect both parties;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to amend the existing concession agreement with Ryan’s World of Chapel Hill, Inc. to give the Manager flexibility in setting concession payments and fees and establish an annual review process for setting concession fees.

This the 10^th day of September, 2001.

Item 10 – Petitions

a.      By the Mayor and Council Members.

Council Member Ward petitioned the Council to bring together representatives of the soccer community, Town staff, and Council representatives to discuss the needs of the soccer community.

COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER FOY, THAT THE TOWN MANAGER BRING TOGETHER THE REPRESENTATIVES OF THE SOCCER COMMUNITY, AND APPROPRIATE STAFF REPRESENTATION, ALONG WITH COUNCIL REPRESENTATION, AT THE EARLIEST POSSIBLE TIME TO DISCUSS THE NEEDS OF THE SOCCER COMMUNITY.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Council Member Evans petitioned the Council to look into installing a pedestrian crossing signal at the intersection of Henderson and Franklin Streets.  She said there was no way for pedestrians to change the light in order to cross the street.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO PETITION THE MANAGER TO LOOK INTO INSTALLING A PEDESTRIAN CROSSING SIGNAL AT THE INTERSECTION OF HENDERSON AND FRANKLIN STREETS.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

COUNCIL MEMBER STROM MOVED, SECONDED BY MAYOR PRO TEM PAVÃO, TO PETITION THE MANAGER AND THE ATTORNEY TO COME BACK TO THE COUNCIL WITH STEPS NEEDED TO BEGIN DISCUSSIONS WITH CARRBORO AND ORANGE COUNTY TO EXTEND THE JOINT PLANNING AGREEMENT BEYOND THE 2006 EXPIRATION, WHEN IT WILL BE UP FOR NEGOTIATION, AND TO DO SO AS EXPEDITIOUSLY AS POSSIBLE.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 6 – Follow-Up Report on University Discussions Regarding Fiscal Issues

Mr. Horton briefly reviewed the purpose of the report—to present for the Town Council’s consideration a draft Memorandum of Understanding Pertaining to the Sharing of Costs and Financial Responsibility and Other Matters of Fiscal Equity between the Town of Chapel Hill and the University of North Carolina at Chapel Hill.  He added that included in the memorandum was a resolution authorizing the Mayor to execute and transmit the Memorandum of Understanding to Chancellor James Moeser for execution by the University.

Mr. Horton continued that the Council had authorized the Mayor and Manager to meet with the Chancellor and the Vice Chancellor for Finance and Administration to discuss the fiscal issues identified by the Council, and discussions resulted in a “Draft Summary of Fiscal Equity Discussion.”  He said on July 2, 2001, Mayor Waldorf presented the Council with a status report on Town-University fiscal discussions.

Mr. Horton said that if the Council adopted the resolution that the staff had prepared, it would authorize the Mayor to execute the Memorandum of Understanding and send it forward to the Chancellor for consideration by the University.

William Barney, Westwood Drive, read a statement from his wife, which stated her concern that a statement requesting that the University not be able to purchase properties is not part of the current resolution, and asked that it be reinserted into the resolution.  Mr. Barney read that they are concerned that if this acquisition is allowed now, it will set a dangerous precedent for future acquisition of other neighborhoods that border the University.  Mr. Barney stated that their neighborhood needs protection offered by this statement that assures that the University will not purchase their property and will protect their neighborhood and other neighborhoods.  Reinserting this statement, Mr. Barney said, would acknowledge that the Town and Council support the Comprehensive Plan which identified the Westwood neighborhood as a residential conservation area. 

Joe Herzenberg, representing the Greenways Commission, thanked the Council for its action on the greenways earlier in the meeting.  He spoke of the oldest greenways, the Battle Branch Trail, and asked that the University acknowledge the Town’s greenways plans, on the portion of the Battle Branch Trail going through the University’s Battle Park.  Mr. Herzenberg urged that the University put up a sign that this was part of the Town’s greenways.

Council Member Brown asked Mr. Herzenberg if he was suggesting something specific for the document or was it just general.  Mr. Herzenberg said it was both, and there should be a general statement that the University acknowledge that the Chapel Hill greenways existed.

Joe Capowski, a resident of Coolidge Street, thanked all participants for the work they had done on the Memorandum of Understanding. He said he had 3 issues to discuss:

·        In the third “Whereas” clause, a new phrase to follow “quality of life on the campus of the University” “, in near to campus neighborhoods,” “and in the surrounding greater Chapel Hill community,” 

·        He said he could not figure out why the University would want to “take” a neighborhood and suggested changes in language of the University taking over neighborhoods.

·        He said, if the University will be constructing 1,941 units for students, then the University should be responsible for the same amount of additional cars, and he wanted to endorse the language included in the working paper, paragraph #20, recognizing that the University needed to build some sort of structure for automobile storage.

Diana Steele said the more she looked at the plans for the family strip-housing the more appalling it became, and the plans were really bad judgment.  She said she hoped that the University would find another place to build the buildings.  Ms. Steele said that on page 3, 5b of the Memorandum of Understanding, she did not understand what was meant. She said she misunderstood the map on the plans for Mason Farm Road.  Ms. Steele asked the Council to please think about what it meant.

Linda Convissor, Coordinator of Local Relations for UNC, read from a prepared statement from the University on matters of fiscal equity:

“On behalf of the University, I am here to reiterate that the University remains committed to working with the Town of Chapel Hill on matters of fiscal equity. We are pleased with the progress of our discussions on a number of the important issues we have identified together. However, the University did not receive information about tonight’s agenda item until Friday afternoon, and the appropriate officers of the University have not yet had an opportunity to review it thoroughly. Moreover, there has been no discussion between the Town and the University about whether a memorandum of understanding would be the most appropriate instrument for formalizing agreement.

“While much of the language in the Proposed MOU appears to reflect discussion to this point, it is important to note that, just as the Council must review and approve any proposals from the town staff, likewise our Board of Trustees must do the same.

“We look forward to continuing discussions with the Town on these issues of mutual concern.”

Council Member Bateman asked Ms. Convissor if she was proposing that the issue not be discussed at this evening’s meeting.  Ms. Convissor said it was to make it clear to the Council that the University staff had only had a chance to do a very cursory review of the material.

Council Member Brown asked Ms. Convissor if she would tell the Council what process the University would go through in its discussions, were they open to the public, and how would that fit in with the Council and any final agreement.  Ms. Convissor said the staff had not done a thorough review of the material, and the Board of Trustees would need to review it and that would be an open process.

Council Member Ward asked if the University was interested enough in furthering the process that it would be addressed by the Board of Trustees at its September meeting.  Ms. Convissor said she could not speak to the schedule of when it would be, but that the University remained committed to working with the Town.  

Mayor Waldorf said there had been times during the negotiations where the Town had to request further study and had to ask the University to understand and bear with the Town’s processes, and the Council should be open to the comment that the University was making.  She pointed out that what the Town had put forward on July 2, 2001, was what she and the Chancellor had tentatively agreed upon.  Mayor Waldorf said the issue was back on the agenda for this evening for the Council to discuss and to receive public comment.  She said the Council could either discuss or defer the issues this evening.

Council Member Brown said she had some suggestions, some comments, and some changes that she would like to see incorporated into the document when it went to the next round of discussion, so she would like to discuss it this evening rather than deferring it.

Council Member Evans said that until the Council had something that the Council committee and the University committee had agreed to, that the Council might add an addendum to the document before it went back to the University to either endorse or change.  She said that ultimately there would be a document that both entities could agree on.

Council Member Foy said it would expedite matters if the Council had a conversation among themselves this evening and then defer action.  He said he felt the Council should give their negotiators some guidance as to how to proceed in order to come to a mutual understanding.

Mayor Waldorf said she sensed that the meeting should be open for discussion, which was the point of it being on this evening’s agenda.

Council Member Brown said she would like to offer some changes:

·        The change that Mr. Capowski offered to include the language in the third paragraph on page 4, after “…quality of life on the campus of the University…” “and near to campus neighborhoods,…”

·        Clarification of #1 on page 4 regarding the proposed Development Plan, and she would like to have some discussion on this.

·        The language in #3, a and b. The language in a is fairly vague and subject to a lot of things. She wanted clearer definition of this

·        Remove b, which is contrary to what is in the Comprehensive Plan and to all regulations adopted regarding protection of neighborhoods in the last few years, and substitute this with the language in #3c on page 14.

·        Number 8a is vague.

Council Member Foy said he was also interested in #8a, and asked Mayor Waldorf to tell the Council what that negotiation went through, because he thought there was a difference between Mason Farm Road and other neighborhoods.

Mayor Waldorf said she would tell the Council how the language of #3a and #3b transpired, and that people on all sides of the issue would be delighted if it had evolved in a more inspirational way.  However, the way it happened, she said, was that the Mayor’s committee agreed that one of the things it would ask the University for was what was expressed in #3a, asking the University to consider selling properties that it owned in order to get them back on the tax base, and that the University refrain from buying properties as they have done in the past, taking them off the tax base.  Mayor Waldorf said that the University representatives seemed willing to consider this request, but were not free to say this was acceptable.  She said that the Town asked for #3a and the University asked for #3b.

Council Member Foy asked if this could be something that could go back to the residential neighborhoods, to have some kind of language that the definition of what are considered borders of the University by its Master Plan are its intended borders.  He said that might reassure some neighbors who are worried.

Council Member Brown said she did not intend to remove her request, and she did not think that this was a trade-off.  She said the Town should not sacrifice any neighborhood.  Council Member Brown said the Council should put its efforts into working to preserve the Mason Farm Road neighborhood, as well as Westwood and every neighborhood in Town that was threatened. Council Member Brown said she still did not feel that #8a was clear.

Council Member Ward said he did not think #3b had anything to do with fiscal equity and did not have a place in the discussion.  He requested that it be removed from the fiscal equity document.

Mayor Waldorf agreed and said the document, as of July 2, was a mutually agreed upon draft document that she and the Chancellor had worked on.

Council Member Strom said he would start with #19 and commented on the last sentence, saying it was problematic.  He said the Council should appoint the citizens to serve on the committee.  Council Member Strom said it was possible to add language to #18 that the Chair of the Greenways Commission advised earlier in the evening, regarding Battle Branch Trail.  He said in #9 he would like the Council to reiterate an increase in the number of student housing, beyond “a bed for every head.”  Council Member Strom said the blanks inserted in the sentence made it difficult to know what was meant.

Council Member Strom suggested adding to the end of the sentence in #7a “at the current location.”  He said a “c” should be added to #7 requesting that a staff member from the University work with a Chapel Hill and Carrboro staff person to identify a location for a joint site of the Public Works building.  Council Member Strom asked Mr. Horton if the $7 million the University was willing to accept as its financial responsibility for clean-up of the former landfill at the Horace Williams tract (#4) included any chemical sites or was it just landfill, and where the $7 million figure came from. Mr. Horton said the figure came from the University, derived from studies they had done, but the figure could be determined more precisely.  He said he did not know whether the hazardous waste created by the University many years ago were included in the cost, but this could also be determined.

Council Member Strom said that, since the Town would be losing the contribution of $350,000 a year by losing the Horace Williams Public Works location, he would like to know more about the $7 million number, to know whether the Town might have a liability for one-half of that or not.  He asked what specific calculations went into determining that number. 

Council Member Strom said he was supportive of the comments made about adding #3c to define a western border of the University.  He also agreed with Council Member Brown on #3b, adding that he did not see the connection with #3a, and he would have trouble supporting the document with #3b included. Council Member Strom added that in #2 he would like the non-governmental use of buildings and their improvements on the main campus, the Mason Farm property, or the Horace Williams tract to be more specific regarding who would be paying the taxes.

Council Member Bateman added a verb to the first sentence in #10, “…to consider setting aside…”  She added that she supported omitting #3b and substituting the language on page 14, and added that if that language was not accepted, she would like the Council to delete #3b.

Council Member Foy asked what the Glen Lennox properties were which were mentioned in #10.  Mr. Horton said the properties were formerly a part of the golf course, and the environs immediately behind the Glen Lennox School.

Council Member Foy said that one of the things that had been disappointing in the negotiations was the fire protection that the Town provided to the University and that was quantifiable, and it was set out well on page 21.  He said a stipulation should be added that “The University and the Town will together seek to have the State fairly compensate the Town for service to the University and the Hospital” and it should be mentioned that the State, at the current time, is only funding about 60% of the cost of fire service and the Town is funding 40%.

Mayor Waldorf suggested for process that the Council should refer this to the Manager to incorporate some of the comments and to refer it to the Mayor’s committee to return a revised version to the Council.  She said this was a negotiation process, not a regulatory process, but a set of potentialities that the Council could try to work out if it so wished.

Council Member Evans asked when the University would receive these comments.  Mayor Waldorf responded that the University did not need the Council comments, but needed more time to look at the document, and the University might have comments as well.

COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER FOY, THAT THE COMMENTS BE RECEIVED AND REFERRED TO THE MANAGER FOR A REWRITE BASED ON THE COMMENTS RECEIVED FROM THE PUBLIC AND THE TOWN COUNCIL AND REFER THE MANAGER’S WORK TO THE MAYOR’S COMMITTEE ON TOWN/GOWN RELATIONS.

Mayor Waldorf added that she would prefer that this come back to the Council no later than the second meeting in October.

Council Member Bateman said she would like to have the Development Plan before her at that time, prior to the Council vote.

Council Member Ward asked that effort be made to put more final dollar figures/estimates together for a clearer picture, wherever these would be doable.

Mayor Waldorf reminded the Council that this was clearly a document that would have more work done to it, by both entities.  She said she hoped to see this resolved.

Council Member Strom said he was sympathetic to having this returned quickly, and asked the Manager what date the Council could expect the Mayor’s committee and the Council to receive this revision.  Mr. Horton said the staff would be struggling this week to get out the report for the Council’s September 19^th and 20^th hearings.  He said the 19^th would concern the Development Plan, and the 20^th would concern the Development Ordinance.  Mr. Horton said the staff could probably be ready for the Mayor’s committee sometime during the following week.  He said the September 24^th Council meeting was a reasonable target.

THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 7 – Continuation of Discussion Regarding Disposition of the Greene Tract

Assistant to the Manager Sonna Loewenthal said the memorandum was a brief summary of the discussions the Council had had in the past concerning the use of the Greene Tract.  She said there had been discussion on a number of different possible uses, but there had not been consensus on something more specific than the list agreed to in the Resolution in the last Council meeting.  Ms. Loewenthal said this was an opportunity for the Council to give something more specific to the two members of the Working Group.

James Carnahan said he represented a group of citizens from Orange County and Chatham County called the Village Projects in support of more compact forms of development to conserve land and environmental resources.  He presented a document called “Villages and Countryside Land Use Alternatives for Orange County.”  Mr. Carnahan said the document pointed out that in the last 10-20 years 55% of growth in Orange County had taken place in the rural areas.  He quoted from the Comprehensive Plan and displayed visuals on overheads.  Mr. Carnahan said affordable housing, a neighborhood center, a school site, historical and archeological sites could be incorporated into the land, and it was a good place for a rail station.

Margaret Heath, a member of Friends of Bolin Creek, said that they supported greenspace and Council Member Brown’s proposal to leave the bulk of the Greene Tract undisturbed as a natural area.  She asked the Council not to let this last parcel of land in southern Orange County be carved up.  Ms. Heath pointed out that much natural habitat in Orange County had been cleared and some animals and birds were not able to survive.  She said the native species and others could continue to thrive in the Greene Tract if it continued in its natural state.  She urged the Council to save the Greene Tract.

Dave Cook, a resident of Smith Level Road, said that the concept bringing the Friends of Bolin Creek together was that in 10 years Chapel Hill would look quite different from what it did now, and in 30 years and 50 years would look greatly different.  He said now was the time to preserve this land, and Bolin Creek was widely used by the citizens and needed to be preserved before it was all gone.  Mr. Cook said that the Greene Tract did concern Bolin Creek because of a small tributary there. He said he would like to see the monies put aside and spent to preserve this area of Bolin Creek.

Greg Gangi said he came with a request from the Sierra Club, that the Council consider putting any active recreation activities on the Neville Tract, which was already disturbed.  He observed that Orange County was very lucky in having a “freebie” in Duke Forest for the time being as a park for Orange County.

Council Member Brown quoted from an article in the Herald Sun from the past week, which could apply also to the Greene Tract, because it was a beautiful piece of untouched land, and one of Chapel Hill’s treasures, as well as Orange County’s treasures.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER BATEMAN, THAT RESOLUTION 9 BE AMENDED WITH THE SIX BULLETS ON PAGES 10 AND 11 OF THE MANAGER’S REPORT DATED SEPTEMBER 10, 2001, INSERTED UNDER “NOW, THEREFORE…”

Council Member Ward asked Council Member Brown to clarify “kept largely in its natural state,” saying he did not think that was meant to be a part of Mr. Carnahan’s proposal.

Council Member Brown said she was interested in preserving for Chapel Hill a wooded area.  She said she was not talking about a mixed use, but she wanted the entire area to be preserved in its natural state.

Council Member Bateman said she supported the preservation of the Greene Tract for wildlife and other species which used it as a habitat, and supported the Neville Tract for recreation.

Mayor Waldorf said she was personally comfortable with points 1, 2, and 3, and they were all good points.  She asked about point 4, putting in the Resolution that the Greene Tract be put into a Community Land Trust, and there was language in it that she could see an intergovernmental work group arguing about for a long time.  Mayor Waldorf said this decision had to be made in six months.

Council Member Brown said she was flexible about the language.

Council Member Foy asked Council Member Brown to summarize the bullets.

Council Member Brown said:

·        The Greene Tract was 169 acres of land north of Homestead, eastern boundary is the railroad track, south of Eubanks, and south of Rogers Road.

·        The Neville Tract is a 14 plus acres parcel of land directly north of the Greene Tract and is now being used as a cover dirt for the Landfill, and will be completely bulldozed except for the buffers. Sixty plus acres have been deeded to the County when the Landfill operations are transferred to the County, but she was asking that for all of the 169 acres together.

·        Bullet #1 is an agreement that the Greene Tract be kept as publicly owned land, now jointly owned by Carrboro and Chapel Hill and Orange County (109 acres plus the 60 acres) that the Greene Tract be kept in a natural, undisturbed state except for a small amount for affordable housing. Use the Neville Tract as a park because it had already been bulldozed.

·        Bullet #2 refers to the make-up of the Land Trust.

·        Last Bullet—“Agree that any buildings built on this land would be built according to Green building standards, which would include, but not be limited to, certified Green buildings material, the highest energy standards possible, and use of renewable energy.”

·        In the memorandum it is suggested that one use of this land would be as a teaching for both the high school and the other schools in the vicinity, as a study over generations of a natural area.

Council Member Strom said he agreed with the bullets, and with Mayor Waldorf’s point that the fourth bullet might be prescriptive and offered as an alternative at the end of the sentence on the fourth bullet, “…be placed under an appropriate conservation easement, or be put into a Community Land Trust.”

Council Member Brown said that would be acceptable to her.

Council Member Evans said she could not agree with the direction which the conversation was taking.  She said one of the major concerns in the community was the cost of housing, and this area was within the Town’s service boundary.  She said there was very little undeveloped land within the urban service boundary where the Town intended to extend utilities.  Council Member Evans said that the more the Council decided that it will not allow any more housing to be built in any areas where the Council has decided to extend utilities, the higher the prices will be for houses in the community.  She said that since the demand for housing was great in the community, the housing would become more expensive with less land available, and there would be increases in taxes and less areas for affordable housing. 

Council Member Evans said she could support a village center there, and the County should be asked if it would allow the 60 acres given to the County to be used for a school, affordable housing, and still preserve some of the land.  She said the Town could not have more land preserved for no housing, and still have lower taxes and less expensive housing.  Council Member Evans said the Town should try to reach some middle ground.  She said she could not support that the majority of the land be used for open space.  Council Member Evans said that many of the Green building standards were far more expensive than traditional homes.  She said that since the land is publicly and jointly owned the desires of the other negotiators should be considered.

Mayor pro tem Pavão said that for the first time the Town had a large parcel of land that was publicly owned and it did not have to be looked at the way privately owned property would be when it came to the Town for development.  He said this was an opportunity to preserve the land.  Mayor pro tem Pavão said he would look to the other side of the track for the housing that Council Member Evans spoke about.  He said he could support the motion.

Mayor Waldorf asked for a “friendly” amendment on point #3 to argue that if there were going to be large buffers, it would seem acceptable to have lights on the playing fields to be used at night.

Council Member Brown said she was thinking about the wildlife and the neighbors, so it should be sensitive with the lighting.  She offered a change in language,” Include very large buffers for neighborhoods with lighting on the playing fields that are sensitive to both wildlife as well as neighbors.”  Mayor Waldorf said that would be acceptable.

Council Member Foy said he and Council Member Strom were the delegates to the Greene Tract Committee, and he wanted it to be clear that the Resolution stated that specific directions were being given to Council representatives but these were guidelines.

Council Member Ward said the points that people were agreeing with were vague, and he felt that details were needed.  He said the tract of land was big enough to do many things.  Council Member Ward said smart growth would not just be affordable housing, but it should have a smaller footprint to include other buildings, without fragmenting the forest with roads.  He favored development near Weaver Dairy Road.  Council Member Ward wanted to know what the opportunities would be several years down the road of what the landfill sites would become.

Council Member Brown said she could have been more prescriptive with the wording, but she felt it would defeat the purpose.  She said her proposals had nothing to do with mixed use. She said she hoped that keeping most of the land in a natural state was understood.

Council Member Foy said he thought that Council Member Brown meant that a small portion of the land with water and sewer near Purefoy Road could potentially be for affordable housing.

Council Member Strom said he had the same understanding that Council Member Foy had.  He said the Council had to look at the publicly owned Greene Tract and the balance in the community, and, considering what was happening in the Town, the least the Council could do would be to preserve this one remaining stand of land.

THE MOTION WAS ADOPTED BY A VOTE OF 8-1, WITH MAYOR WALDORF, MAYOR PRO TEM PAVÃO, COUNCIL MEMBERS BATEMAN, BROWN, FOY, STROM, WARD, AND WIGGINS VOTING AYE, AND COUNCIL MEMBER EVANS VOTING NAY.

A RESOLUTION REGARDING DISPOSITION OF THE GREENE TRACT (2001-09-10/R-9)

WHEREAS, the Council on August 27, 2001, adopted a resolution affirming a process for resolving the disposition of the remaining 109 acres of the Greene Tract, including the establishment of an interjurisdictional working group; and

WHEREAS, the Council desires to give specific direction for the Council’s representatives to bring to the working group discussions;

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

·        Agree that the Greene Tract be kept as publicly owned land.  (Include the Neville Tract with this, as well as the 60+ acres of the Greene Tract deeded to the County).

·        Agree that the Greene Tract (including the 60+ acres deeded to the County) be kept largely in a natural state with selected areas used for a mixture of low and moderate income housing for single citizens and families.

·        Agree that the Neville Tract should be used as a park with both passive and active recreation facilities when its use as a landfill cover is complete.  Since most of the Neville Tract will have been cleared of vegetation and bulldozed flat, it will be a natural choice for recreational activities.  This should include very large buffers for neighbors and with lighting for any playing fields that are built to be sensitive to both wildlife and neighbors. 

·        Agree that the Greene Tract (including the 60+ acres and the Neville Tract) to be placed under and appropriate conservation easement, or will be put in a community land trust or trusts developed exclusively for these tracts.  The nature of the land trust(s) could be developed later, with the possibility of one land trust for both the preserved area and the housing or two land trusts, one administering the preserved land and another land trust administering the housing.

·        The make up of the land trust(s) could be agreed on later, but it could possibly include Orange County elected officials; neighbors of the tracts; residents of the low and moderate include housing, if such is built; and citizens from throughout the County.

·        Agree that any buildings built on this land would be built according to green building standards, which would include, but not be limited to:  certified green building materials; the highest energy efficiency standards possible; and use of renewable energy.

This the 10^th day of  September, 2001.

Council Member Wiggins asked the representatives from the Council to keep the Council updated on the negotiations and where it was going, and, if possible, to bring back a visual, which would be helpful.

Council Member Foy said it was very helpful to him, when Council Member Brown invited him to walk the Greene Tract and look at the land, as well as the Neville Tract, and perhaps it might be possible for the Council to take this walk.

The meeting adjourned at 9:05 p.m.