SUMMARY MINUTES OF A BUSINESS MEETING

OF THE CHAPEL HILL TOWN COUNCIL

Monday, May 13, 2002, AT 7:00 P.M.

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

Council members present were Flicka Bateman, Ed Harrison, Mark Kleinschmidt, Bill Strom, Dorothy Verkerk, Jim Ward, and Edith Wiggins. Mayor pro tem Pat Evans was absent excused.

Staff members present were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Town Attorney Ralph Karpinos, Assistant to the Manager Bill Stockard, Engineering Director George Small, Inspections Director Lance Norris, Parks and Recreation Director Kathryn Spatz, Stormwater Engineer Fred Royal, Fire Chief Dan Jones, Police Chief Gregg Jarvies, Principal Community Development Planner Loryn Barnes, Traffic Engineer Kumar Neppalli, Senior Long Range Planning Coordinator Chris Berndt, Planning Director Roger Waldon, Housing Director Tina Vaughn, Transportation Planner David Bonk, and Town Clerk Joyce Smith.

Item 1—Recognition of Chapel Hill Fire Department for

Assistance with Charlotte Firefighter

Mike Spath of the Charlotte Firefighters Association described the reasons for a citation of appreciation to the Chapel Hill Fire Department and the Chapel Hill Firefighters Association for the support given to the family of Josh Early and to the Charlotte Firefighters while Firefighter Early was being treated at the NC Jaycee Burn Center at UNC Hospital. Mr. Spath added that Firefighter Early passed away at the Burn Center from injuries received at a house fire.

Angie Blackmum, Treasurer of the Charlotte Firefighters Association, added her gratitude and that of the whole Charlotte Firefighters Association, for everything that the Chapel Hill Firefighters had done for Firefighter Early’s family and the members of the Board of the Association during Firefighter Early’s stay at the Burn Center. She said that the Town should be very proud of the Chapel Hill Firefighters.

Doug Weizak, a Charlotte Firefighter, described the brotherhood of the Firefighters and their gratitude for what the Chapel Hill Firefighters had done for all the family and friends of Josh Early. He read the citation and presented it to representatives of the Chapel Hill Fire Department. Mr. Spath presented another citation for the Firefighters Association. Chapel Hill Fire Chief Dan Jones thanked the Charlotte Firefighters on behalf of the Chapel Hill Firefighters.

Item 2—Public Hearings

2a. Public Hearing on Parks and Recreation Master Plan

Andrea Rohrbacher made a presentation of the Master Plan with the goal of providing an action-oriented document addressing four specific areas:

· New park and facility development

· Renovations of existing facilities

· Cooperative efforts in providing recreation needs in Chapel Hill

· Possible land acquisition

Ms. Rohrbacher said the Committee was a seven-member group with representatives of the Parks and Recreation Commission, Greenways Commission, Planning Board, and citizens at-large and the first meeting was held in June of 2000.

· The process was inventory of analysis of existing facilities

· Community needs assessment

· Land and facilities need

· Renovation and repair of the facilities

· Acquire additional land when possible

· Partner with other governments—Orange County and School System

· Use existing undeveloped sites in public ownership to develop mini-parks.

Ms. Rohrbacher said the plan was taken to several boards and commissions and described some of the comments from them.

Council Member Bateman thanked the members of the Committee and the staff for molding the rough draft and making it into a Master Plan.

Mayor Foy commented that he wondered where the numbers 6 or 7 mileage for Greenways came from.

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

2b. Public Hearing on Draft Hazard Mitigation Plan

Stormwater Engineer Fred Royal submitted a draft Town of Chapel Hill Hazard Mitigation Plan, which was required by both the state and Federal governments:

· Section 409 of the Stafford Act requires that local governments must have an approved hazard mitigation plan in place in order to receive federal disaster recovery funds.

· NC Senate Bill 300 requires that local governments have a hazard mitigation plan in place by August 1, 2002, in order to receive state disaster assistance funds.

Hazard Mitigation Plan Outline

· Identify and analyze each of the hazards possibly affecting the area

· Perform a vulnerability assessment

· Assess the community capability to manage and mitigate hazards

· Research goals relevant to mitigation

· Create a mitigation strategy

Mitigation Strategies

· Strengthen existing programs:

· Further develop and maintain the stormwater/drainage maintenance program and database

· Further develop cooperative efforts between the Town of Chapel Hill and other local units of government

· Create new Programs:

· Prioritize, plan and apply for further grants like (FMA) Flood Mitigation Assistance and others

· Modernize and enhance the Flood Insurance Rate Maps

· Develop a public watershed education program

Mr. Royal said the Town needed to have a resolution concerning this Plan in place by June 10, 2002.

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

Item 3—Petitions by Citizens and Announcements by Council Members

3a (1) Winkie LaForce regarding the Familias del Pueblo Road Race.

Winkie LaForce and Hector Herrera extended an invitation to the Council to be part of La Fiesta del Pueblo parade and the road race, September 7, which they read in both English and Spanish. The Police and Fire Departments and EMT’s will lead the race. Mary Lindsley, Coordinator, thanked the Council for its continued support.

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

3a (2). Dan Sykes presented a written proposal concerning support of the present system of alcoholic beverage control.

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

3a(3). Estelle Mabry regarding the Northside neighborhood.

Ms. Mabry stated that she was presenting this on behalf of the Northside neighborhood. She showed slides of houses having additions being built onto them and showing the added traffic. Ms. Mabry said this housing was being built as rental property for students of the University. She said she could not understand how these could be built in a R-3 zoning.

R. D. Smith said that the residents had been promised by Councils for many years that efforts would be made to preserve the single-family neighborhoods in the Northside. He described the additions that were being built and asked how this could happen, adding that it devalued the properties. Mr. Smith said no other zone in Chapel Hill would be allowed to have these structures. He asked the Town to place a moratorium on such building and asked the Council, staff, and advisory boards to tour the Northside neighborhood to see what was happening.

Mr. Smith added that he was very proud of the Chapel Hill Firefighters Association and said he was known as the “father” of that organization, as he had encouraged its creation over 20 years ago.

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

COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER WARD, TO REFER THE PHOTOS TO THE CONSULTANT FOR THE DEVELOPMENT ORDINANCE. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

3a(4). Virginia Barbee regarding the Pine Knolls neighborhood.

Ms. Barbee, representing the Grandma’s Support Group, said she was asking for funds for a paid director for the neighborhood summer camp for children and after school. She said she would bring a budget to the Council as to how much money the Grandma’s Support Group would like.

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

3a(5). Dolores Bailey regarding the Northside security.

Ms. Bailey, a resident of the Northside community and a member of the Sykes Street Steering Committee, said the neighborhood was in need of assistance, especially with drug dealing. She said they needed more police protection and needed the Town to help them get back their streets and to pay attention to the problems in the neighborhood.

Council Member Bateman asked Mr. Horton if there was a shortage of police in the Sykes Street area. Mr. Horton said he would follow up on this issue.

3a(6). Erik Ose regarding ordinance against posting handbills on utility poles.

Mr. Ose returned once more to the Council with another petition for the Town to amend the ordinance which does not allow the posting of handbills on utility poles. He said that small businesses needed to use the poles because they could not afford expensive advertising, and that the poles looked better with handbills on them rather than bits of pieces after the posters were torn off the poles by the Public Works Department.

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

3a(7). Scott Radway regarding Marriott offer of right-of-way and payment-in-lieu of Dobbins Drive realignment.

Mr. Radway said that the applicant had worked with the NCDOT on the right-of-way and the improvements on Erwin Road, and had agreed to a payment in lieu of $82,000 before the Council came to a decision on the applicant’s Special Use Permit (SUP) application. He said the applicant was submitting a petition for an expedited review of the SUP by the Council, since the application had already been in the process for several months.

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

3a(8). Michael Gleason requesting a street closure for the Meadowmont Bicycle Classic Bicycle Race.

Mr. Gleason said the Tricyclist Bicycle Club had finally found a home for a bicycle race in Chapel Hill, and hoped to make this an ongoing event in the future. He petitioned the Council’s approval.

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

3b. Announcements by Council members.

Mayor Foy announced that he had received a letter, dated May 8, from Secretary Tippett of the DOT regarding Weaver Dairy Road. He said the best course was to proceed with the Mayor’s Committee and to keep talking with the DOT.

Item 4—Consent Agenda

Council Member Harrison pulled 4j.

Council Member Verkerk pulled 4d.

COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER VERKERK, TO ADOPT RESOLUTION 1 WITH 4D AND 4J REMOVED. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES (2002-05-13/R-1)

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

a.	Nominations to Historic District Commission, Library Board of Trustees, Public Arts Commission, and Transportation Board (R-2).
b.	Resolution and Ordinance Authorizing Amendment of Performance Agreement with the Downtown Commission (R-3; O-1).
c.	Resolution Calling a Public Hearing on Closing an Unnamed Right-of-way in Morgan Creek Hills Neighborhood (R-4).
e.	Extension of Bargaining Period for Disposition of the Greene Tract (R-6).
f.	Report on the Sykes Street Project (R-7).
g.	Deleted.
h.	Deleted.
i.	Acceptance of Chapel Hill Survey Manuscript Preparation Grant (R-10; O-3).

This the 13^th day of May 2002.

A RESOLUTION NOMINATING APPLICANTS TO VARIOUS ADVISORY BOARDS AND COMMISSIONS (2002-05-13/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:

Chapel Hill Public Arts Commission

Jimmie Haynes

Vernelle Jones

Janet Kagen

Phyllis Lotchin

Kimberly McCullough

Dana Staats

Anita Wolfenden

Lyde Zavaleta

Historic District Commission

Leigh Raynor

Library Board of Trustees

Cory Brooks

Abby Clark

Clinton Hicks

Leslie Johns

Jessica Kem

Margaret Siefert

Brynda Smith

Glenn Wilson

Transportation Board

Ralph Beisner

Evonne Bradford

Terrelle Buckner

George Cianciolo

Clinton Hicks

Jessica Kem

Robert Koontz

Christopher Rogers

Robert Verboon

This the 22^nd day of April, 2002.

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO AMEND THE PERFORMANCE AGREEMENT WITH THE CHAPEL HILL DOWNTOWN COMMISSION TO REFLECT NEW SERVICES PROVIDED BY THE COMMISSION (2002-05-13/R-3)

WHEREAS, the Chapel Hill Downtown Commission provides services funded from the Downtown Service District tax through a performance agreement with the Town; and

WHEREAS, the Downtown Commission has requested that the Council allocate $18,000 from the Downtown Service District Tax Fund Balance to be used for the purpose of securing the services of a professional retail consulting firm; and

WHEREAS, the Service District Tax Fund Balance is an accumulation of undistributed funds from the downtown tax, totaling approximately $23,000 as of June 30;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Town Manager to amend the performance agreement with the Downtown Commission to reflect new services provided by the Commission.

This the 13^th day of May, 2002.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2001 (2002-05-13/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, 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

DOWNTOWN SERVICES

DISTRICT FUND 71,834 18,000 89,834

REVENUES

DOWNTOWN SERVICES

DISTRICT FUND

Fund Balance 3,834 18,000 21,834

This the 13^th day of May, 2002.

A RESOLUTION CALLING A PUBLIC HEARING ON THE PROPOSED CLOSURE OF AN UNOPENED PUBLIC RIGHT-OF-WAY (2002-05-13/R-4)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it intends to consider closing an unnamed public right-of-way that is 50 feet wide and approximately 340 feet in length as shown on Orange County Tax Map 7.69 and abutting lots 7.69.B.3, 4, 5 and calls for a public hearing at 7:00 pm, Monday, June 17, 2002 in the Council Chamber at Town Hall, 306 N. Columbia Street, Chapel Hill, North Carolina to receive public comments on the proposed closing of said right-of-way.

BE IT FURTHER RESOLVED that the Town Manager is hereby directed to arrange publication, posting, and mailing of notices of the public hearing as required by law.

This the 13^th day of May, 2002.

A RESOLUTION APPROVING A 60 DAY EXTENSION OF THE BARGAINING PERIOD FOR DISPOSITION OF THE PORTION OF THE GREENE TRACT THAT REMAINS IN JOINT OWNERSHIP (2002-05-13/R-6)

WHEREAS, Orange County and the Towns of Carrboro and Chapel Hill acquired the property known as the Greene Tract in 1984 as an asset of the joint solid waste management system; and

WHEREAS, title to 60 acres of this property was deeded exclusively to Orange County in 2000 under provisions of the 1999 interlocal “Agreement for Solid Waste Management”; and

WHEREAS, under the same interlocal agreement the County and Towns agreed to bargain in good faith during the two year period following the effective date of the agreement to determine the ultimate use or disposition of the balance of the acreage on the Greene Tract; and

WHEREAS, the end date of the “bargaining period” as defined in the agreement is April 17, 2002, the second anniversary of the date upon which the County assumed overall responsibility for solid waste management in Orange County; and

WHEREAS, the governing boards of all three jurisdictions approved resolutions in November or December 2001 that outlined their interests for programming basic uses of the balance of the Greene Tract; and

WHEREAS, the Work Group was charged to develop a more detailed written and graphic concept plan for the use of the remaining109 acres for presentation to each board by March 2002; and

WHEREAS, the Work Group has transmitted a resolution to all three governing boards that provides a progress report and that indicates that they have reached substantial agreement on a concept plan as outlined on the accompanying map (Straw Proposal Concept Plan 4); and

WHEREAS, the Work Group resolution indicates that they have not yet reached agreement regarding what designation should be placed on the approximately 11 acres shown in blue on Concept Plan 4 and would like a 60 day extension of the bargaining period to try to reach consensus;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council does hereby approve a 60 day extension of the bargaining period to permit further Work Group effort to finalize a recommended concept plan for subsequent approval by each governing board.

This the 13^th day of May, 2002.

A RESOLUTION EXPRESSING APPRECIATION TO DR. ROBERTO QUERCIA, KATIE ANTHONY, BADI’ BRADLEY, DANIEL BRISSON, JOHN BULLOCK, JOHN HOLMES, DAVID KIDDOO, SAM MORDKA, AMANDA POWELL AND JESSICA TREAT OF THE UNC CHAPEL HILL DEPARTMENT OF CITY AND REGIONAL (2002-05-13/R-R-7)

WHEREAS, on January 8, 2001, the Council adopted a resolution authorizing the Town to participate in a process to develop an action strategy for the Sykes Street area of the Northside neighborhood; and

WHEREAS, Dr. Roberto Quercia organized a class of UNC Chapel Hill Department of City and Regional Planning Master’s students to work on the Sykes Street Action Strategy during the Spring 2002 semester;

WHEREAS, under Dr. Quercia’s direction, the students strengthened community involvement and organized a community clean up and a neighborhood visioning project, and developed recommendations to improve the quality of life in the Northside neighborhood;

NOW, THEREFORE, BE IT RESOLVED that the Council of the Town of Chapel Hill expresses its appreciation to Dr. Roberto Quercia, Katie Anthony, Badi’ Bradley, Daniel Brisson, John Bullock, John Holmes, David Kiddoo, Sam Mordka, Amanda Powell and Jessica Treat for their leadership with the Sykes Street Project.

This the 13^th day of May, 2002.

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO INDICATE ACCEPTANCE OF THE 2002-2003 HISTORIC PRESERVATION FUND GRANT BY SIGNING THE GRANT AGREEMENT AND THE CERTIFICATION OF MATCHING SHARE FORM (2002-05-13/R- 10)

WHEREAS, the Town of Chapel Hill, 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, preparation of an architectural and historic manuscript would help the Town achieve these goals; and

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

WHEREAS, the Chapel Hill Preservation Society has agreed to provide the Town of Chapel Hill $7,500 for funding this project and cover any unanticipated cost overruns;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to indicate acceptance of the 2002-2003 Historic Preservation Fund Grant by signing the Grant Agreement and the Certification of Matching Share.

This the 13^th day of May, 2002.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2000 (2002-05-13/O-3))

ARTICLE I

Current Revised

APPROPRIATIONS Budget Increase Decrease Budget

GENERAL FUND

Planning 1,137,347 14,500 1,151,847

ARTICLE II

REVENUES

GENERAL FUND

Grants 849,454 14,500 863,954

This the 13^th day of May, 2002.

Discussion of Items Pulled from Consent

Item 4d – Traffic Calming Measures on Sweeten Creek Road

Joseph DeVeaugh-Geiss, President of the Chandler’s Green Homeowners’ Association said that the Association was not fully in agreement with the Manager’s recommendation for the traffic-calming proposal. He said that development of the area had resulted with connecting three neighborhoods, making his street a through street with much added traffic, and the Association objected to the proposal that the residents pay for the traffic-calming devices. Mr. Devaugh-Geiss asked that the Town either undertake the full cost, or at least a 50/50 cost sharing with the residents.

Darryl Zeldin, past president of the neighborhood association, said the main issue was safety, mostly traffic speed. He said the neighborhood did not think it was an unreasonable request for the Town to share in the cost.

Mr. Horton explained that he had no resources in the present budget for traffic-calming devices in any area of the Town. He said the Council could add additional options to those options in the proposal, to be considered. Mr. Horton said it was the staff’s understanding that the community would pick up the whole cost of the devices.

Council Member Ward said there were more and more requests for traffic-calming devices and he asked what the policy was. He asked if it was “first come, first served.” Mr. Horton said a study had been given to the Council about two years ago about traffic calming and the Council determined that it would not be a policy that should be adopted, and adopted a policy of considering petitions as they came up, but at this time and in the next budget there were no dollars for traffic calming devices, unless the Council should determine to add the dollars. He recommended that this not be done since there were so many other demands for services in such a tight budget.

Council Member Kleinschmidt asked if there were other areas in Town requesting traffic-calming devices at the present time. Mr. Horton said he would have an answer for that question at the next Council meeting.

Council Member Kleinschmidt said he had some difficulty with giving the options that the residents could pay for the devices, and felt that the Town should pay for them, as wealthier areas could have the devices, but those who could not afford them could not. Mr. Horton responded that the staff could recirculate the policy brought to the Council a few years ago, for the Council to consider.

COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER KLEINSCHMIDT, TO REFER THIS PETITION BACK TO THE MANAGER TO WORK WITH THE HOMEOWNER’S ASSOCIATION. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Council Member Strom said he felt the Town would deeply regret not putting the money back into the traffic-calming fund, because this was a safety issue, and the Council should consider a policy for replenishing the fund.

Council Member Ward said if a neighborhood contributed money for the devices, the money left could be considered for another part of Town.

Item 4j - Chapel Hill Bible Church: Request to Expand Parking.

Harvey Krasny, resident of the neighborhood near Sage and Erwin Roads, said his concern with the church requesting more parking spaces for possible use during the week, not only on Sundays, was that there might be more traffic on the two roads, which are very congested at peak traffic hours.

Mac Clarke, resident of Windhover development, said he had compared the parking at the church in 2001 and 2002, and it was an increase of 1.3%. He said an increase of 100 parking spaces should meet the church’s needs at the present time. Mr. Clarke said he was concerned about the possible use of the parking lot for students, and as a park and ride lot. He asked about the tax status, using the lot for park and ride, from non-profit to commercial. Mr. Clarke was also concerned that the lot might attract more cars to the area than what normally would be using the roads.

Brent Clark, administrator of the Chapel Hill Bible Church, said the church had not been in any discussion with the University regarding a park and ride lot, although the church as a good neighbor would not object to this, but this would have to be done through the Town. He said that the growth of his church had been since the church’s location on Purefoy Road, and the cars are now parking on the grass, or on Sterling Road. Mr. Clark said that last week the church had hosted the North Carolina Symphony, as Memorial Hall was being renovated.

Ralph Mason said a retention pond had been built at the construction site and had been made into a permanent pond, and the water will be used on a soccer field. He said the stormwater would be retained and used on the property.

COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER BATEMAN, TO ADOPT RESOLUTION 9.

Council Member Strom asked Mr. Horton what the process would be for the University to enter into an agreement for a park and ride and what the Council’s role would be at that time. Mr. Horton said the staff believed that a park and ride would be a change in use and would not be consistent with what the Council has approved through the SUP for that site. He said it would be an illegal use, if attempted, and could not be built, unless the Council approved. Mr. Horton said any use, such as traffic studies, would have to be considered for an SUP modification.

Mayor Foy asked if a plan for a park and ride in this area contemplated more spaces being built. Mr. Horton said he could only speculate on what the University and the church had discussed, since he had not seen a plan drawing.

Council Member Bateman asked what are the sizes of the other Town-owned park and ride lots. Mr. Horton said about 500 spaces.

Council Member Ward asked if the construction would be overseen by the Town Manager’s office. Mr. Horton said the construction would have to meet the normal standards in the Town’s design guidelines, and they would not be suitable for bus traffic. He said the Town Engineer and Stormwater Manager would be in charge of the design and stormwater management.

THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION APPROVING A REQUEST FOR AN EXPANSION OF PARKING AT CHAPEL HILL BIBLE CHURCH (2002-05-13/R-9)

WHEREAS, Chapel Hill Bible Church has requested an expansion of the parking at the Sage Road/Erwin Road Place of Worship; and

WHEREAS, a term of the October 12, 1998 Special Use Permit required Council to make a determination of need before more than 500 parking spaces could be provided on site ; and

WHEREAS, the permit holder submitted the necessary documentation.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves the request of Chapel Hill Bible Church for the parking lot expansion subject to Town Manager approval of the Phase II final plans.

This the 13^th day of May, 2002.

Item 5 – Information Items

Council Member Ward pulled 5f.

Jim Protzman petitioned the Council to conduct a thorough inquiry into the process by which it was managing its work around the issue of Weaver Dairy Road. He requested that the Council direct the Town Attorney to provide a complete and objective analysis of the legal and procedural decisions it has made. Mr. Protzman added that if the Town Attorney did not believe he could offer an objective opinion on this matter, he requested that an independent counsel be retained to conduct this investigation.

Council Member Wiggins wondered why the Council would refer this to the Manager, rather than having a Council Committee to look at the Procedures Book.

Council Member Ward said all of the Council members wanted to have full and open discussion of important Town matters, and he asked if the Council could have done something differently, despite the time pressures. He asked for a clarification of the statement of Mr. Protzman regarding voting on a resolution not on the agenda.

Council Member Verkerk asked, if the Attorney and the Manager found no problem, why did the Council have to look for a problem.

Council Member Wiggins said she did not think the Manager and the Attorney should be held responsible for the Council’s decisions. She said she would like a Council Committee to look at the Procedures Manual, and if they thought things could be changed the Council could make that decision. Council Member Wiggins added that she has some concerns, and the Council was in a position to respond to Mr. Protzman’s petition.

Council Member Strom said the report by the Manager in the packet was very clear. He said it was always good to hear concerns from citizens, but he thought it was time to move on with the meeting.

Council Member Wiggins said that the resolution passed by the Council on January 24 was not a part of the Agenda, but was passed out at the meeting. She said the Procedures Manual said that items may be added to the agenda with a unanimous vote of the Council.

COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER WARD, THAT THE MAYOR APPOINT A COUNCIL COMMITTEE TO STUDY THE COUNCIL’S PROCEDURES MANUAL.

Council Member Kleinschmidt agreed that the Manual needed to be reviewed, but he did not think the Council had violated the procedures, and he was uncomfortable voting without a charge.

Council Member Bateman agreed and said that this had come up about an issue which was highly charged and emotional, and she did not feel it was necessary to review all the procedures over one issue.

Council Member Ward pointed out that the procedures had not been followed on the vote, because the Council had not voted on the resolution to be added to the agenda. He felt that there should be some review of what procedures the Council did or did not follow.

Council Member Harrison said it was not uncommon for violations to occur in procedures, and this was not abnormal, and he did not feel the Council needed to spend time on the Procedures Manual.

Council Member Wiggins withdrew her motion and said she would try to find a few other Council members to review the Procedures Manual and then bring any recommendations back to the Council as a petition.

A discussion followed among Mayor Foy, the Council, and the Manager, as to which items on the rest of the agenda could be postponed to a later meeting. It was decided to proceed with the agenda and see how much of it would be considered.

Item 6—Consideration of Downtown Design Workshop Report

Planning Director Roger Waldon noted that several citizens had participated on the development of the Report and he said the staff was very grateful for their participation. He said the focus had been on Lots 2 and 5 in the Downtown, and he suggested that the Council study and review the Report for discussion at a workshop scheduled for June 10^th. Mr. Waldon introduced Peter Batchelor, who, along with several of his architect students, had worked on development of the Report.

Professor Bachelor said he had worked with the Town for over 20 years and had enjoyed it. He said the Design Workshops held in the spring were perfect examples of democracy in action with citizens engaging in consensus and concepts. Mr. Batchelor read his three conclusions from the Report, and reminded the Council that Lot 5 was the most significant site in the downtown.

Dr. Chas Gaertner spoke of problems discussed at the Workshops:

Lack of:

· Town Square

· Parking Retail

· Commercial

· Transportation

He displayed his own model for the use of Lot 5. He felt this should be used as open space and not for commercial use, and it should be kept this way for future generations of citizens.

Catherine Shields, on behalf of the Student Environmental Action Coalition, asked that proposal 5A, page 13, open courtyard concept, be considered by the Council.

Another student, on behalf of the Sierra Club and the Coalition, said that the design for a courtyard was the way the lot should be used and would be conducive to a community gathering place. He said now was the time for a Design Contest to be held to flesh out the courtyard design. Ms. Shields added her support for a Design Contest similar to the one held for the Gateway.

Andrew Pearson said he was concerned with the process being taken, and people needed to be involved on a much broader level. He said Lot 5 had a particular uniqueness and the citizens should have more input as to what they really wanted. Mr. Pearson encouraged the Town to take time in making the decisions.

COUNCIL MEMBER KLEINSCHMIDT MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT RESOLUTION 13.

Council Member Strom said he was attracted to getting more ideas for Lots 2 and 5 on the table, and a Design Contest idea would be a worthwhile exercise to go through at this time. He proposed an amendment to the resolution for the Committee to come back with a proposal for a design contest.

Mayor Foy said this needed to be discussed among the Council members first.

Council Member Ward agreed that the Council needed to have more discussion.

THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION SETTING A WORK SESSION TO CONSIDER NEXT STEPS FOR DOWNTOWN DEVELOPMENT (2002-05-13/R-13)

WHEREAS, the Council has received a “Downtown Chapel Hill Design Workshop Summary Report” with the work of two citizen workshops held on February 16 and March 23, 2002;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council sets a work session for Monday, June 10, 2002 from 5:30 p.m. to 6:45 p.m. to consider next steps and options for the development of Parking Lot #2 and Parking Lot #5.

This the 13^th day of May, 2002.

Mr. Waldon noted that the Design Workshop being held on June 10, 2002 at 5:00 p.m. will be televised.

Item 7—Response to Petition Regarding Traffic Congestion

on Fordham Boulevard (US 15-501 Corridor)

Traffic Engineer Kumar Neppalli said that on page 2 of the memorandum was a list of the studies conducted, and on page 3, a list of the existing transportation improvement program (TIP) projects. He introduced Mr. Jim Dunlop of the N.C. Department of Transportation (NCDOT), for further discussion of the report.

Mr. Dunlop presented a discussion of the concept of a “superstreet,” with graphics of the roads affected, and added that a study had been done at one time by Durham. He pointed out where the pedestrian crossings would be.

Mayor Foy asked if the roundabout was going to be three lanes. Mr. Dunlop said that there would continue to be two through lanes on US 15-501 in each direction, no widening was contemplated.

Council Member Ward asked if this would be considered at some later date, as well as the consideration of bicycle lanes. Mr. Dunlop said alternatives were being discussed. He said the pedestrian crossing and the bicycle crossing were part of the project.

Council Member Bateman asked if improvements on Erwin Road were being contemplated, at Dobbins Road, because of the back-up on the road at the intersection. Mr. Dunlop said that was not part of the project, but would be worked on before the “superstreet”, and the DOT was working on a left turn lane there, where Dobbins Road would be relocated.

Council Member Strom asked if the left-turn lane was consistent with the other improvements talked about earlier this evening. Mr. Dunlop said they were.

Council Member Harrison asked why DOT wanted Dobbins Road relocated. Mr. Dunlop said the better separation between intersections the safer they were. Mr. Dunlop explained the traffic impact studies, with all of the proposed developments plugged in. He explained the project schedule:

· Environmental Document August 2002

· Public Hearing October 2002

· Right of Way November 2002

· Let for Construction April 2001

· Construction Completion Summer 2005

Mr. Dunlop displayed models for the proposed road and traffic movements. He said they did take into consideration the possibility of a park and ride lot in the vicinity.

Council Member Wiggins asked what would happen if the “superstreet” did not work. Mr. Dunlop said a third through lane might be considered in 2012, if the “superstreet” did not work.

Lynne Kane, Secretary to the Board of Directors of the Meadows Homeowners Association, said the residents supported the “superstreet.” She said the area assumed that a seven-year projection for the project to work created an improvement for the present time.

Council Member Harrison said that the best study was Phase I Major Investment Study (MIS), which had a citizen’s advisory committee. He said there were a number of sticking points on US 15-501, and he would like to have a study for the Chapel Hill part of the highway corridor, and he wanted Chapel Hill to have a large part in the study.

George Cianciolo, a member of the Transportation Board, said he would urge the Council to support Council Member Harrison’s proposal in organizing a citizens committee in looking at this issue and to try to resolve this issue as quickly as possible, which would be in the best interest of the residents and the developers and the drivers on US 15-501.

COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER HARRISON AND AMENDED BY COUNCIL MEMBER WARD AND ACCEPTED, TO HAVE THE DURHAM, CHAPEL HILL, CARRBORO MPO INITIATE A STUDY OF OVERALL TRAFFIC CONDITIONS IN THE NORTHEASTERN PART OF CHAPEL HILL FOCUSED ON THE 15-501 CORRIDOR FROM NC 54 TO THE DURHAM LINE AT I- 40 WITH THE GOAL OF DIVISING METHODS AND PLANS TO REDUCE CONGESTION. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Mayor Foy asked if the Bicycle and Pedestrian Commission had reviewed the “superstreet” proposal recently. He suggested it would be a good time to bring this before them.

Item 8—Discussion of South Columbia Street Improvement Project

Mayor Foy asked if there were sidewalks on both sides, or on one side. Mr. Small responded that there was a sidewalk proposed on the east side, and bike lanes proposed on both sides. He said the project had been on hold. Mr. Small said the environmental assessment had to be done prior to October 1. He explained the left-turn lanes proposed.

Council Member Strom said he had a concern about where this was heading, and he voted against opening the matter back up. He said there was a schedule on the discussion on May 29. Council Member Strom said the citizens should have the information from UNC before the forum as to why they want a change.

Council Member Kleinschmidt agreed, and said the Council and citizens should hear what the University proposed.

Mayor Foy said the Council set up the process, not the University.

Council Member Bateman said that the Council was flawed, and asked where do we go from here. She said that Mary Beck, from the University, was present this evening and asked if she could make a presentation.

Mr. Horton said that Mary Beck had asked if she should be prepared for a presentation this evening, and he explained that this evening’s meeting would be limited to a Council discussion. He said he would expect that the University would be willing to make a presentation at the Council’s convenience.

Council Member Verkerk wondered if the University had changed its mind about the original agreement.

Council Member Harrison said he thought a presentation would be useful. He said this issue was not even in the University Development Plan, and why did they need more road capacity.

Council Member Ward said information should be received from the University before the public forum was held, and he felt it should be done as soon as possible.

Council Member Wiggins pointed out that the request might have evolved from a change in the office of the Chancellor and the Administration of the University.

Council Member Strom said if that was the case then the Council needed to hear it, and the citizens should have a good opportunity to bring forward their perspective

It was determined that the Mayor would request that the University provide information 10 days prior to the public forum on May 29, and that information be made public to the citizens who had previously expressed their opinions on the road.

Mayor Foy asked what the improvements were that were planned between Mason Farm Road and Manning Drive. The responder said they were two-lane improvements and the sidewalks and bikeways. He said the section at Purefoy would be three-lanes.

Item 9—Consideration of Europa Special Use Permit Applications

Mr. Horton said the key points were that the material had been reviewed by the staff and believed that it would be reasonable for the Council to proceed with the separation being requested by the applicant. He said, if the Council wished to proceed, it would be reasonable for the Council to proceed with the SUP for the office building.

Mr. Karpinos said that one of the possibilities was that the vacant lot be separated out from the hotel and existing office building, but the existing office building and hotel remain as a unified SUP. He said the two modifications that the Council was being asked to make were the buffer yard along the US 15-501 side of the building, and the floor area ratio for the hotel and office building combined. Mr. Karpinos said some adjustment would need to be made to Resolution A by changing the language.

Council Member Strom asked what the impact of adoption of the amended Resolution would have on the adjacent office building coming in for additional square footage. Mr. Karpinos said it put the owners in the same situation they have been in for several years, and the parties would have to reach a determination of how to proceed. He said the overall site would be affected by the square footage.

Mr. Karpinos amended language to Resolution A to read:

In paragraph 2, third sentence “That one separate and distinct Special Use Permit boundary…” the rest of the paragraph to remain the same.

In paragraph 3, first sentence “This Special Use Permit does not authorize creation of two separate Special Use Permits for the Sheraton Hotel and Village Park Office Complex.” The remainder of the paragraph will be deleted.

COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, TO ADOPT RESOLUTION 11A AS AMENDED. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR HOTEL L’EUROPA/VILLAGE OFFICE PARK COMPLEX (2002-05-13/R-11a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit Modification application proposed by Duane Stewart and Associated, Inc., on property identified as Chapel Hill Township Tax Map 27, Block E, Lot 2 (PIN# 9799478402, 7.27.E.2D PIN# 9799570157 and 7.27.E.2E PIN# 9799468987), if developed according to the site plan prepared on January 6, 1999, and conditions listed below, would:

1. Be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;

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

3. Be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and

4. Conform to the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.

BE IT FURTHER RESOLVED that the Council finds, in this particular case, that the following modifications satisfy public purposes to an equivalent or greater degree:

1. Modification of Subsection 14.12 to allow the existing landscape bufferyard width on the US 15-501 frontage on the on the Sheraton Hotel site (Chapel Hill Township Tax Map 27, Block E, Lot 2 PIN# 9799478402), in lieu of the required landscape bufferyard width.

Said public purpose being that 1) The modification will allow the development of the 2.24-acre adjacent site to proceed unencumbered by the existing Special Use Permit; 2) The use of the 2.24-acre site for tennis courts and a gravel parking area does not serves the public purpose; 3) Value is provided to the community by replacing the gravel parking area and tennis courts with office space; 4) The public purpose is being served as the development of the 2.24-acre site for office use conforms to the Comprehensive Land Use plan; 5) Office development typically generates less car trips per day and requires less public service than other development types; and 6) The existing vegetation along US 15-501, on the hotel site and within the highway right-of-way, provides a visual obstruction that effectively buffers and screens the hotel.

BE IT FURTHER RESOLVED that the Council hereby approves the application for a Special Use Permit Modification for Hotel L’Europa/Village Office Complex in accordance with the plans listed above and with the conditions listed below:

Stipulations Specific to the Development

1. Relationship to 1981 Special Use Permit Modification: That this approval authorizes the use of approximately 6.95 acres. This authorization is intended to be in addition to the terms of the Town Council, November 23, 1981 Special Use Permit Modification document recorded in deed book 380, page 94 of the Orange County Register of Deeds.

2. Alteration of Special Use Permit Boundary: That the 1981 Special Use Permit boundary shall be altered to exclude the 2.24-acre tract (Tax Map 7.27.E.2E PIN# 9799468987) located at the northeast corner of Europa Drive and Legion Road. That separate and distinct Special Use Permit boundaries shall be created around the perimeter of the following parcels: Chapel Hill Township Tax Map 27, Block E, Lot 2 PIN# 9799478402, and Chapel Hill Township Tax Map 27, Block E, Lot 2D PIN# 9799570157. The gross land area of the new Special Use Permit boundary is 6.95-acres.

3. Land Use Intensity: This Special Use Permit does not authorize creation of two separate Special Use Permits for the Sheraton Hotel and Village Park Office Complex:

4. Vehicular Connection Between the Hotel and 2.24-acre Tract: That the existing vehicular connection, between the hotel parking lot and the adjacent 2.24-acre lot to the south, shall be retained. This connection shall be available for vehicular and service vehicle access for future development on the 2.24-acre tract. Prior to recordation of the Special Use Permit Modification document, a recorded easement providing for vehicular and service vehicle access to the 2.24-acre parcel shall be recorded with the Orange County Register of Deeds office and a copy of the recorded document shall be submitted to the Town. This easement shall be reviewed and approved by the Town Manager prior to recordation.

5. Shared Parking Agreement: That prior to the recordation of the Special Use Permit Modification document, a shared parking agreement, between the hotel property and the 2.24 acre lot to the south, shall be recorded with the Orange County Register of Deeds office and a copy of the recorded document shall be submitted to the Town. This agreement shall be reviewed and approved by the Town Manager prior to recordation.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the application for a Special Use Permit Modification for Hotel L’Europa/Village Park Complex.

This the 13^th day of May, 2002.

COUNCIL MEMBER BATEMAN MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT RESOLUTION 12A WITH THE STIPULATION ADDED AS NUMBER 44 TO READ: “THAT NO CERTIFICATE OF OCCUPANCY SHALL BE ISSUED FOR ANY PART OF THIS DEVELOPMENT UNTIL THE SUPERSTREET IMPROVEMENTS AT THE INTERSECTION OF U.S. 15-501 AND EUROPA DRIVE/ERWIN ROAD, BEING DESIGNED AND CONSTRUCTED BY THE N.C. DEPARTMENT OF TRANSPORTATION, ARE COMPLETED AND OPEN TO TRAFFIC.” THE MOTION WAS ADOPTED UNANIMOUSLY.

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR EUROPA OFFICE BUILDING (2002-05-13/R-12a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by Duane Stewart and Associated, Inc., on property identified as Chapel Hill Township Tax Map 27, Block E, Lot 2E (PIN# # 9799468987), if developed according to the site plan prepared on November 23, 1998, and revised on February 15, 2001, and conditions listed below, would:

1. Be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;

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

3. Be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and

4. Conform to the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.

BE IT FURTHER RESOLVED that the Council hereby approves the application for a Special Use Permit for Europa Office Building in accordance with the plans listed above and with the conditions listed below:

Stipulations Specific to the Development

1. That construction begin by April 22, 2004 (~~November 12, 2003 (~~two years from the date of Council approval) and be completed by April 22, 2005 (~~November 12, 2004 (~~three years from the date of Council approval).

2. Land Use Intensity: This Special Use Permit authorizes construction of one office building, consisting of a total of 38,000 square feet of floor area, specified as follows:

Total # of Buildings: 1

Maximum Floor Area Total: 38,000 s.f. for office-type business use

Maximum Clinic Floor Area: Not Permitted

Minimum Outdoor Space (s.f.): 78,748 s.f.

Minimum Livability Space (s.f.): 44,728 s.f.

Maximum # of Parking Spaces: 108

Minimum # of Bicycle Parking Spaces: 11

3. Hotel L’ Europa/Village Office Park Special Use Permit Modification: That the submission of the final plan application shall include certified copies of the recorded Special Use Permit Modification for the November 12, 2001 Hotel L’ Europa/Village Office Park Special Use Permit Modification approval. Said Special Use Permit Modification shall reduce the overall area of the 1981 Special Use Permit boundary and removed the proposed 2.24-acre development site from the 1981 Special Use Permit.

Stipulations Related to Required Improvements

4. Vehicular Connection to the Sheraton Hotel: That in lieu of retaining the existing vehicular connection between the site and the hotel parking lot, the applicant may provide an alternative vehicular connection between the proposed development and the hotel parking lot. Final location for a vehicular connection between the hotel parking lot and the site shall be reviewed and approved by the Town Manager.

This connection shall be available for vehicular and service vehicle access for the proposed development. Prior to the issuance of a Zoning Compliance Permit, an easement providing for vehicular and service vehicle access between the hotel property, across the proposed site, to Europa Drive, shall be recorded with the Orange County Register of Deeds Office and a copy of the recorded document shall be submitted to the Town. This easement shall be reviewed and approved by the Town Manager prior to recordation.

5. Legion Road Frontage Improvements: That prior to the issuance of a Certificate of Occupancy, half of a 41-foot cross-section be constructed along the Legion Road frontage with curb and gutter, a Town standard 5-foot concrete sidewalk and a wide outside ~~bicycle~~ lane for bicycles.

6. Legion Road Left Turn Lane: That the applicant installs pavement markers for an eastbound left turn lane from Legion Road onto Europa Drive. That the final design for this turn lane shall include lane width, storage length and transition tapers.

7. Legion Road Frontage Dedication: That prior to the issuance of a Zoning Compliance Permit the applicant shall dedicate half of a 70-foot right-of-way to the Town of Chapel Hill along the Legion Road frontage. The plat shall be approved by the Town Manager and recorded in the Orange County Register of Deeds Office and a copy of the recorded document shall be submitted to the Town prior to the issuance of a Zoning Compliance Permit.

8. Europa Drive Left Turn Lane: That the applicant construct a left turn lane by re-striping the painted medium that currently exists on Europa Drive between Europa Center parking deck and the Sheraton’s southern dive. The design of the revised pavement markings plan shall be reviewed and approved by the Town Manager.

9. Europa Drive Curb Cut: That the centerline of the new driveway for the proposed office building, align with the existing center line for the Europa Center driveway.

10. Encroachment Agreements: That prior to the issuance of a Zoning Compliance Permit the applicant obtain all necessary encroachment agreements and permits from the Town of Chapel Hill for work occurring in the right-of-way.

11. Bicycle Parking: That the bicycle parking area for this development shall comply with the Town’s Design Manual. Parking for 11 bicycles, and shower and locker facilities shall be provided. That 20% of the bicycle parking spaces include a locker, individually locked enclosure, or supervised area within a building providing protection for bicycles therein from theft, vandalism and weather.

12. Town Standards: That all streets, parking lots, drive aisles and sidewalks associated with this development shall be constructed to Town standards.

13. Pedestrian Connections to the Public Sidewalks: That the applicant provide a sidewalk connection between the building and the Europa Drive sidewalk and a sidewalk connection between the building and the proposed Legion Road sidewalk.

14. Pedestrian Connections to Adjacent Developments: That, unless the Town Manager determines the improvements unreasonable due to excessive grading or impact to significant trees, the applicant shall at a minimum, provide one additional pedestrian connection to the Sheraton Hotel site and one additional pedestrian connection to the Village Office Park Complex site. That if determined necessary, the Town Manager may require additional pedestrian connections between the proposed development and these adjacent sites.

Stipulations Related to Parking

15. Parking Spaces Adjacent to Europa Drive: That in order to preserve the two willow oaks, five of the proposed seven parking spaces adjacent to Europa Drive in the northwest corner of the site, shall be removed.

16. Minimum Parking Space Requirements: That if the approved final plan includes less that 108 parking spaces, this development shall comply with the minimum parking space requirements by one or a combination of the following options:

a. Reduced Floor Area to Meet Minimum Parking Requirements: Proposal to reduce the total floor area of the development must be accompanied by a revised Project Fact Sheet. That prior to issuance of a Certificate of Occupancy, an architect shall certified that the square footage of the new building complies with the minimum parking requirement as defined by the Chapel Hill Development Ordinance.

b. Off-Site Parking Spaces: That the applicant secures off-site parking spaces, in compliance with Section 14.6.2 of the Development Ordinance. That a parking agreement for these spaces be reviewed and approved by the Town Manager. Said approved agreement must be recorded in the Orange County Register of Deeds Office and a copy of the recorded document provided to the Town prior to the issuance of a Zoning Compliance Permit.

c. Redesigned Parking Area: That the parking lot shall be redesigned.

Stipulations Related to Landscape Elements

17. Critical Root Zone: Willow Oaks: That at least 80% of the critical root zone, of the two large willow oaks located in the northwest corner of the site, shall be preserved.

18. Landscape Bufferyards: That unless approved as alternative bufferyards by the Community Design Commission, the applicant provide the following landscape bufferyards:

· Type “A” 15-foot wide external bufferyard along the site’s frontage on Legion Road and Europa Drive; and

· Type “B” 10-foot wide internal bufferyard along all interior lot lines.

19. Parking Lot Plantings: That all parking lot shade trees used to demonstrate compliance with the 35% parking lot shading requirement, shall be a minimum of 2” – 2½“ in caliper when installed.

20. Planting Strips: That five-foot wide planting strip shall be provided between parking areas and the building.

21. Utilities and Landscaping: That where possible, utility line be located so that the proposed landscaping is not compromised by future repair operations and so that planting options are not constrained by utility easements.

22. Landscape Protection Plan: That a detailed Landscape Protection Plan, clearly indicating protected root zone areas, tree protection fencing and which rare and specimen trees will be removed or preserved, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

Stipulations Related to Stormwater Management

23. Relocated Stormwater Drainage Pipe: That the proposed stormwater drainage pipe, located between the two willow oaks in the northwest corner of the site, be relocate away from the trees in order to minimize disturbance to their root systems. Final location shall be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

24. Best Management Practices: That the applicant provided bio-retention or best management practices (BMP’s) features to intercept and treat stormwater runoff from the developed areas. Final design and locations shall be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. That the percentage of stormwater runoff from the development site, subject to treatment by best management practice features, shall be reviewed and approved by the Town Manager.

25. Underground Detention: That underground detention of stormwater be use for the 2-year and 50-year storm events. Post-development stormwater run-off rate shall not exceed the pre-development rate.

26. Stormwater Management Plan: That a Stormwater Management Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The post-development stormwater run-off rate shall not exceed the pre-development rate.

Stipulations Related to Refuse and Recycling Collection

27. Solid Waste Management Plan: That a Solid Waste Management Plan, including provisions for recycling and for the management and minimizing of construction debris, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

28. Heavy-Duty Paving: That all drive aisles on the proposed development that provide access to the compactors, dumpsters or recycling facilities, be constructed with heavy-duty pavement.

29. Pre-construction Conference: That the applicant holds a pre-construction conference with Orange County Solid Waste staff prior to any construction activity on the site. A note indicating such shall be included on final plans.

Stipulations Related to Fire Protection/Fire Safety

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

31. Sprinkler System: That the buildings shall have a sprinkler system in accordance with Town Code, which shall be approved by the Town Manager.

32. Fire Department Connections: That fire hydrants must be no more than 50 feet from fire department connections and that fire connections must be located on street side of buildings in visible, accessible locations.

Stipulations Related to Utilities

33. Utility/Lighting Plan Approval: That the final utility/lighting plan be approved by Orange Water and Sewer Authority (OWASA), Duke Power Company, BellSouth, Public Service Company, Time Warner and the Town Manager before issuance of a Zoning Compliance Permit.

34. Underground Utility Lines: That all existing and proposed utility lines, other than 3-phase electric power distribution lines, shall be underground.

Miscellaneous Stipulations

35. Community Design Commission Approval: That the Community Design Commission shall approve the building elevations, lighting plan and any proposed alternative landscape bufferyards for the site, prior to the issuance of a Zoning Compliance Permit.

36. Transportation Management Plan: That a Transportation Management Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The plan shall include the following:

a) Quantifiable traffic reduction goals and objectives;

b) Provisions for designation of a Transportation Coordinator;

c) Provision for an annual Transportation Survey and Annual Report to the Town Manager;

d) Ridesharing incentives; and

e) Public transit incentives.

37. Certificates of Occupancy: That no Certificates of Occupancy shall be issued until all required public improvements are complete.

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

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

40. Erosion Control: That a soil erosion and sedimentation control plan, including provisions for maintenance of facilities and modification of the plan if necessary, be approved by the Orange County Erosion Control Officer and that a copy of the approval be provided to the Town Manager prior to the issuance of a Zoning Compliance Permit.

41. Silt Control: That the applicant takes appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.

42. Construction Sign Required: That the applicant post a construction sign that lists the property owner’s representative, with a telephone number; the contractor’s representative, with a telephone number; and a telephone number for regulatory information at the time of issuance of a Zoning Compliance Permit. The construction sign may have a maximum of 16 square feet of display area and may not exceed 6 feet in height. The sign shall be non-illuminated, and shall consist of light letters on a dark background. A detail of this sign shall be submitted with the final plan application.

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

44. That no Certificate of Occupancy shall be issued for any part of this development until the superstreet improvements at the intersection of U.S. 15-501 and Europa Drive/Erwin Road, being designed and constructed by the N.C. Department of Transportation, are completed and open to traffic.

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

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the application for a Special Use Permit for Europa Office Building.

This the 13^th day of May, 2002.

Council Member Harrison pointed out that the action of the Transportation Board, 6-2, did not actually reflect what the majority of the Board felt. He said the overall performance of US 15-501 was a real concern. Council Member Harrison asked to include sidewalks in the amendment following the stipulations from the Transportation Board.

Council Member Ward said the Bicycle and Pedestrian Board had requested a payment-in-lieu by the applicant for a sidewalk along Europa Drive. Mr. Horton said there was already an existing pattern of foot traffic, and the staff did not think this project would generate a clear case for need for a sidewalk.

Council Member Ward said he thought it was a mistake not to have developers provide sidewalks for the foot traffic they would generate. Mr. Karpinos said that according to law the rule for providing sidewalks had to be based on evidence of need.

Mr. Karpinos said it would be appropriate to eliminate #1 from the Resolution. He said the applicant should be asked if he would accept the stipulations.

COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER KLEINSCHMIDT, TO ADD THE ATTORNEY’S AMENDMENT TO RESOLUTION 11A. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

The applicant was in favor of the changes, but he was not sure how the other owner would respond.

Item 10—Recommended 2002-2003 Capital Fund Program

for Public Housing Renovations and Resident Services

Housing Director Tina Vaughn reported:

· The Department has not yet received notification from HUD of the amount of the 2002-2003 Capital Fund grant, so the staff proposed a plan based on the 2001-2002 grant amount of $611,500.

· The proposed plan includes renovations in 13 of the 26 apartments at the Airport Gardens neighborhood. Proposed to use $528,000.

· Management Improvements—$61,500, with the addition of a new category of drug use prevention, which resulted from the elimination of the funding for the Drug Elimination Grant Program, and will provide salaries for 2 positions currently located in the Police Department—$33,000.

· Residents’ Council Activities—$28,500—a reduction from the $50,000 appropriated to the Residents’ Council under a current performance agreement.

Ms. Vaughn said if the Council approved the program it would be submitted to the HUD office.

COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT RESOLUTION 15. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION APPROVING AN ANNUAL STATEMENT FOR THE 2002-2003 CAPITAL FUND PROGRAM (2002-05-13/R-15)

BE IT RESOLVED by the Council of the Town of Chapel Hill, that the Council hereby approves the Capital Fund Program Annual Statement, as described in the Manager’s memorandum to the Council dated May 13, 2002, and that the Manager is authorized to submit the Capital Fund Program Annual Statement to the U.S. Department of Housing and Urban Development (HUD), including compliance with HUD policies, procedures and regulations required therein, for a program of $611,585 in Capital Fund Program funds.

BE IT FURTHER RESOLVED that the Manager is hereby designated as the authorized representative of the Town to act in connection with submittal of an Annual Statement and to provide such additional information as may be required.

This the 13^th day of May 2002.

Item 11—Consideration of Legislative Program for 2002

Mr. Horton said the recommendation was for the Council to adopt Resolution A endorsing the N.C. League of Municipalities’ suggested statutory provisions and proposed Constitutional amendment to secure local reimbursements and State-collected local taxes; and Resolution B, providing the Legislative Delegation with general guidance from the Council regarding the Town’s legislative program for the upcoming session of the N.C. General Assembly.

COUNCIL MEMBER KLEINSCHMIDT MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT RESOLUTION 16A. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION REQUESTING THAT MUNICIPAL REVENUE SOURCES BE MADE SECURE AND ENDORSING THE NORTH CAROLINA LEAGUE OF MUNICIPALITIES’ SUGGESTED STATUTORY PROVISIONS AND PROPOSED CONSTITUTIONAL AMENDMENT TO SECURE LOCAL REIMBURSEMENTS AND STATE-COLLECTED TAXES (2002-05-13/R-16a)

WHEREAS, the Town of Chapel Hill is required by North Carolina law to operate and maintain a balanced budget and comply with the provisions of the Local Government Budget and Fiscal Control Act; and

WHEREAS, the Town is required to maintain a sufficient fund balance to operate in a fiscally-sound manner and to have adequate reserves in case of emergencies; and

WHEREAS, the Chapel Hill Town Council has a responsibility to provide for the health, safety, and well-being of the citizens of this community by providing necessary services; and

WHEREAS, the ability of municipal governments to borrow for capital infrastructure needs is dependent on reliable revenue sources for repayment; and

WHEREAS, adequate municipal revenue sources are required to carry out the above-mentioned responsibilities;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council respectfully requests that the General Assembly enact legislation that will secure the municipal revenue sources and ensure that these revenues are distributed to local governments on a timely basis as set forth by the State’s General Statutes.

BE IT FURTHER RESOLVED that the Council endorses the N.C. League of Municipalities’ suggested statutory provisions and proposed Constitutional amendment to secure local reimbursements and State-collected taxes, shown herein as Attachment 1.

This the 13^th day of May, 2002.

COUNCIL MEMBER KLEINSCHMIDT MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT RESOLUTION 16B. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION ESTABLISHING THE TOWN OF CHAPEL HILL’S LEGISLATIVE PROGRAM GUIDELINES FOR THE UPCOMING SESSION OF THE NORTH CAROLINA GENERAL ASSEMBLY (2002-05-13/R-16b)

WHEREAS, the Council of the Town of Chapel Hill held a public hearing on April 8, 2002, at 7 p.m. on proposed items for inclusion in the Town’s legislative program for the 2002 Short Session of the North Carolina General Assembly; and

WHEREAS, the Council conducted a meeting with the Orange County Legislative Delegation on May 2, 2002, to discuss potential legislative issues of interest to the Town and the impact of the State’s budget shortfall on the Town;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby transmits the following as Legislative Program guidelines for consideration by the General Assembly in the upcoming Short Session:

Protection of Town revenues, including local sales taxes, utility franchise taxes, and intangibles taxes
A tax on tickets to University athletic events
A beer and wine tax
A real estate transfer tax
A mandatory program for recycling of bottles and cans
A vehicle license requirement for University students
An investment tax credit for developers who build affordable housing
Increased State staffing for sedimentation and erosion control enforcement.

This the 13^th day of May, 2002.

Item 12—Appointments – Transportation Board

Council Members

Transportation Board

Applicants

Foy

Bateman

Evans-ABSENT

Harrison

Kleinschmidt

Strom

Verkerk

Ward

Wiggins

TOTAL

Ralph Beisner

Evonne Bradford

Terrelle Buckner

George Cianciolo

Marie Eldridge

Clinton Hicks

Leslie Johns

R.L. Juliano

Gary Kayye

Jessica Kem

Christine Khoury

Robert Koontz

Christopher Rogers

Robert Verboon

George Cianciolo was appointed to the Transportation Board.

The meeting adjourned at 11:27 p.m.