SUMMARY MINUTES OF A BUSINESS MEETING

SUMMARY MINUTES OF A BUSINESS MEETING

OF THE CHAPEL HILL TOWN COUNCIL

MONDAY, JANUARY 13, 2003, AT 7:00 P.M.

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

Council members present were Flicka Bateman, Pat Evans, Ed Harrison, Mark Kleinschmidt, Bill Strom, Dorothy Verkerk, Jim Ward, and Edith Wiggins.

Staff members present were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Town Attorney Ralph Karpinos, Assistant to the Manager Bill Stockard, Fire Chief Dan Jones, Police Chief Gregg Jarvies, Traffic Engineer Kumar Neppalli, Planning Director Roger Waldon, Principal Planner Gene Poveromo, Finance Director Jim Baker, and Town Clerk Joyce Smith.

Item 1—Ceremonies

Mayor Foy presented a Key to the Town and a Proclamation honoring Radio Station WCHL to WCHL president Jim Heavner. He pointed out how heavily the Town had depended on WCHL to get information out to citizens during the recent ice storm and recovery process. Mayor Foy read portions of the Proclamation and thanked WCHL staff members for their excellent work. Those mentioned by name were: Dean Linke, Ron Stutts, Christy Dixon, Christy Taylor, Steve Keck, Graham Youngblood, Brian Toomes, Kristen Commons, Eboni Bowman, Casey Saussy, Michelle Lanteri, Dave DeWitt, Dan Satter, Paulette Barbee, Celia DeGraffenreidt, Betsy Fox, and Grayson Isenberg.

Mr. Heavner accepted the award "only as a conduit" to salute WCHL staff members who, he said, did the actual work during this storm. He praised the Town Manager and staff and Scott Gardner of Duke Power Company for helping to pull the Town together. Mr. Heavner noted how disasters such as the ice storm can unify a community due to the shared experience.

Mayor Foy praised the Town staff for its performance during the storm and the ongoing debris removal process.

Item 2—Public Hearings: None

Item 3—Petitions by Citizens and Announcements by Council Members

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

Mayor Foy suggested addressing petitions 9 (Request to Co-locate the Proposed Third High School with the Proposed Southern Community Park) and 12 (Valerie Foushee, Chair, Board of Education, regarding the Proposed Site for a Third High School) first, since most of the citizens present had come to address that issue.

9. Doug Ostanek requesting co-locating the proposed third high school with the proposed southern community park.

Van Doren Place resident Doug Ostanek read a petition asking Council members to consider co-locating the third high school with the Southern Community Park. He asked members of the audience to stand to show support for the petition.

Mayor Foy noted that several people had signed up to speak on this issue even though tonight’s meeting was not a public hearing. The Council was not taking testimony, he said, and had no information other than the petition. Mayor Foy requested that only those come forward to speak who had something to say other than what was covered in the petition.

Dogwood Acres resident Nana Morelli said that she had received calls and letters from neighbors who were in favor of the proposed shared school/park site.

12. Valerie Foushee, Chair of the Chapel Hill-Carrboro Board of Education, regarding the proposed site for a third high school.

School Board member Ed Sechrest, speaking for Ms. Foushee, spoke in support of co-locating the third high school with Southern Community Park. He stated that the other proposed sites, on Rock Haven Road and Old Lystra Road, had serious drawbacks and would be expensive to purchase and develop. Mr. Sechrest said that citizens on adjacent properties had voiced strong displeasure with those two choices and had pointed out many disadvantages. He requested that Council representatives and staff meet with School Board members to explore the feasibility of co-locating the high school with the Southern Park. Mr. Sechrest urged Council members to take action this evening to expedite review of this alternative.

Mayor Foy suggested treating these two petitions as a single petition and that the Council receive and refer them. He pointed out that the Town had a long history of working with the School Board and had been instrumental in securing the site for Scroggs Middle School as well as the soccer field in Southern Community Park. Mayor Foy noted that Council members had also worked with the School Board on locating the Community Gym at Meadowmont. He said that he had been meeting for several months with the County Commissioners, School Board representatives, and staffs from the School Board, Orange County and the Town to identify a third high school site that would be acceptable to everyone. That High School Planning Committee would need to investigate the Community Park site, he said, and pass information on to all citizens before making a decision.

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

1. Loren Hintz, Transportation Board, regarding location of Orange County satellite campus for Durham Technical Community College.

Mr. Hintz asked the Town Council to write another letter to the Orange County Commissioners re-emphasizing the need to locate the proposed satellite campus for Durham Technical Community College on an Orange County location that can provide public transit. He noted that it was difficult for mass transit to get to some of the Town's new public buildings and stressed the need for bus lines to reduce dependence on cars. Mr. Hintz reminded Council members that no reply had come from their previous letter to the County Commissioners and asked them to send another.

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

2. Loren Hintz, Transportation Board, regarding implementation of crosswalks throughout Town.

On behalf of the Transportation Board, Mr. Hintz petitioned the Town Council to actively pursue implementing crosswalks throughout Town. He pointed out that UNC-Chapel Hill had successfully and quickly added crosswalks in many places. Mr. Hintz asked the Town be more aggressive in adding and replacing crosswalks where appropriate.

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

3. Loren Hintz, Transportation Board, regarding the Transportation Management Program.

On behalf of the Transportation Board, Mr. Hintz noted that a number of projects had failed to meet the Town's requirement to perform a Transportation Management Plan survey and that the staff had not sent penalty letters. He urged the Town Council to continue that program and to assess a fine on those who have violated it. Mr. Hintz added that the Town staff had suggested assessing an annual fee to offset the cost of administering the program.

Council Member Harrison suggested putting the issue on the agenda for the Council’s upcoming planning session on Friday. Mayor Foy recommended first hearing the Planning Board's petition and then referring petitions 3 & 4 together.

4. Chapel Hill Planning Board regarding Transportation Management Plan.

Planning Board Chair Scott Radway requested that the Council proceed with evaluating the Transportation Management Plan's goals and then decide whether to continue or discontinue it.

COUNCIL MEMBER HARRISON MOVED, SECONDED BY COUNCIL MEMBER STROM, TO RECEIVE AND REFER PETITIONS 3 and 4 TO THE COUNCIL FOR DISCUSSION AT THE JANUARY 17, 2003 PLANNING SESSION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

5. Robin Helweg-Larsen requesting Council resolution condemning plans for war against Iraq.

Chapel Hill resident and business owner Robin Helweg-Larsen urged Council members to pass a resolution condemning the U.S. Administration's "fiscally irresponsible and morally bankrupt" plan for war against Iraq. He pointed out that the greatest cost of war would be felt at the local level. Mr. Helweg-Larsen stated that some University towns in Iraq would be destroyed and that innocent people would be killed if there was war. The cost of this would be paid by federal taxes, he said, that would be used to develop weapons of mass destruction and wars of aggression when they could have been used domestically to develop infrastructure, extend healthcare, and improve educational systems.

Mr. Helweg-Larsen predicted that war with Iraq would bring an increasing financial burden to state and municipal governments. These governments would have to trim services and increase taxes, he said. Mr. Helweg-Larsen argued that it was essential for town councils to pass resolutions condemning the proposed war because they are the level of government that speaks for those who will be most deeply affected. He stated that the Town Council had an obligation to join the dozens of other municipalities, from Seattle to Carrboro, that had already taken action. If the United States wants to bring evildoers to justice, he said, then it should support the International Criminal Court. He said that if the U.S. wants international cooperation then it should promote and abide by international treaties, "If it wants peace, it should not start wars."

Former Council Member Joe Straley quoted George Washington Carver, Dwight D. Eisenhower, Martin Luther King and Jimmy Carter. "Stop this crazy, irresponsible thought of war in Iraq," Mr. Straley said. He noted that Nobel Peace Prizewinner Jimmy Carter had said that "war is never anything but evil." Mr. Straley urged Council members to take the opportunity to make a small contribution toward abolishing that evil.

Mayor Foy suggested that it would be inappropriate to refer this to the staff. He suggested that the Council refer it to themselves for further discussion during their upcoming planning session, or to the Mayor's office for suggestions.

Mayor pro tem Evans recommended referring it to the planning session.

Council Member Wiggins proposed referring it to the Mayor's office to bring back a resolution in support of the petition.

Council Member Verkerk agreed with Council Member Wiggins.

Council Member Strom suggested that the Council do both—move ahead on a resolution and also have a discussion at the planning session about petitions of this nature.

Mayor Foy suggested discussing it at the planning session, since the Town Council's opinions might not reflect the community at large. He recommended that Council members discuss how to make this an action by more than just nine people in the community. Mayor Foy agreed to also have his office prepare a resolution.

MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, TO RECEIVE AND REFER THE PETITION FOR COUNCIL DISCUSSION AT THE JANUARY 17, 2003 PLANNING SESSION AND TO HAVE THE MAYOR'S OFFICE PREPARE A RESOLUTION FOR CONSIDERATION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

6. Joe Capowski requesting a process to bury electrical power distribution lines underground.

Former Council Member Joe Capowski asked the Town Council to start the process of burying power lines. He praised the "heroic efforts" of Duke Power's linemen and support staff to restore power after the December ice storm, but criticized Duke Power's management for its failure to reduce the Town's vulnerability to storms. Mr. Capowski stated that Duke Power had rebuilt the distribution system in one week after Hurricane Fran but had done nothing in the six years since then to reduce that system's vulnerability. He noted that costs associated with the recent ice storm would counter Duke Power's argument that burying the system is too expensive. Mr. Capowski asked Council members to require that Duke Power bury power lines and reduce the system's vulnerability.

Council Member Strom moved to refer the petition to the Manager and Attorney to be part of the agenda for a meeting with legislators regarding the utility tax issue. Council Member Ward seconded.

Council Member Ward noted that Council members had already begun an effort to get feedback from Duke Power on some of these questions and to determine associated costs for Duke Power and the Town. He asked the Town Manager to follow up on questions that Council members had asked Mr. Scott Gardner of Duke Power following the storm.

Mayor pro tem Evans pointed out that the Council had received mixed information about the financial implications. She asked the staff to bring back clear information, including information on the environmental impact of burying power lines.

7. Nancy Gabriel and David R. Hill, Meadowmont Community Association, regarding street barriers on Old Barn Lane and Faison Road.

Nancy Gabriel, representing the Meadowmont Community Association's Board of Directors, expressed concern about safety issues resulting from two barriers within Meadowmont. She requested that the barriers be removed. If that is not possible, she said, the neighborhood would like some advice about their safety concerns.

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

8. Wayne Poerio and Grace Torres requesting immediate approval of a permit to complete home renovation.

Council Member Kleinschmidt requested information on how long the home had been there and when the petitioners had purchased it.

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

10. Shelly Levine regarding the conditions of Country Club Road that have become unsafe for pedestrians.

Shelly Levine, speaking for the Bar Association of the UNC Law School, explained that many students walk down Country Club Road to reach the “T” parking lot and the outdoor recreation center. She pointed out that the middle section of the road was dark at the times when students leave for their classes in the morning and return in the evening. Ms. Levine said that the street was narrow, with no sidewalks, many trees, and only one streetlight. She described students as being invisible to cars and said that a retaining wall along one side could trap them if a car were to swerve from the road. Also, there are knee-high leaves on the sides, she said, which forces students to walk nearer to the center. Ms. Levine asked whether Council members could do something about these hazards without disturbing the lives of area residents.

Council Member Kleinschmidt determined that a crosswalk had recently been re-added to the area.

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

11. Anne Perl de Pal requesting review of fees levied for land subdivision for family residential use.

Chapel Hill resident Anne Perl de Pal stated that the Town's Planning Department had told her that she must divide her family's land into a major subdivision even though she only intends to divide it in half. She outlined her written petition asking the Town to re-evaluate the fee.

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

13. Lloyd Kramer regarding the third high school.

Dogwood Acres resident Lloyd Kramer submitted an alternative to petition #9. He argued that it would be a mistake to overturn earlier decisions, including the Mayor's reaffirmation in October, 2002, of the Council's willingness and desire to continue plans for the Southern Community Park. Mr. Kramer pointed out that the former Mayor and Council had stressed that the environmental impact of Southern Village would be mitigated by creation of a park with green spaces, athletic facilities, hiking trails, and athletic fields.

Mr. Kramer emphasized that this site was the last available large block of land that could be used to meet the requirements of the Town's Master Plan for parks and recreation. He also pointed out that the people of Orange County had voted twice to fund a new community park on this specific 70-acre site south of Southern Village. Mr. Kramer objected to the possibility of that vote being set aside in response to a petition from citizens who came forward at the end of a decade-long process of consultation, planning and voting. He stated that there were other options for a third, small high school in the southern part of Town. Mr. Kramer asked Council members to reserve this land for a park as was designed.

Council Member Harrison asked the Town Manager to bring back information on which components of bond issues applied to this park.

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

14. Sean Lennard regarding the third high school.

Dogwood Acres resident Sean Lennard sympathized with the position the Council was in, adding that the School Board had pitted the community, the Council's commitment to green space, and the recreational needs of citizens against its own poor planning. The Board was asking the Council to forfeit its plans for a school, he said, which the School Board does not have funds for, and asking the Town to be fiscally irresponsible by throwing away the nearly $1.4 million dollars that had been spent on conceptual plans. Mr. Lennard proposed building a 750-student school that would be within the School Board's budget. He recommended that the Town also begin looking for land and funding for a fourth high school so that it will not be in the same position again in 2010.

Mayor Foy requested that written copies of petitions 13 and 14 be submitted to the staff.

COUNCIL MEMBER WARD MOVED, SECONDED BY MAYOR PRO TEM EVANS, TO RECEIVE AND REFER PETITIONS 13 and 14. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

3b. Petitions by citizens on items on the agenda.

1. Loren Hintz and Richard Goldberg regarding information item #5a, Follow-up Report to Petition regarding Traffic Issues on Cameron Avenue.

Mr. Hintz urged the Council not to make any decisions on item 5a tonight because the Transportation Board had thought it would be on a later agenda. Bicycle accident statistics had been underreported, he said, stressing that there were visibility problems on Cameron Avenue, including cars parked along the eastern section. Mr. Hintz noted that striping had been done before fare free transit and before the park and ride facilities had been built. Everyone who is parking there during the daytime could be using those free facilities and buses, he said. Mr. Hintz urged Council members not to make a decision tonight and to support a change to the current status of Cameron Avenue when they do make a change.

Mayor Foy asked if anyone had planned to remove item 5a for any specific action.

Council Member Strom said that he had wanted some additional discussion. He noted that Richard Goldberg had also signed up to speak.

Richard Goldberg described petitions submitted over the last nine months regarding Cameron Avenue as baby steps. They cost very little, suggest many benefits, and have no significant drawbacks, he said. Mr. Goldberg argued that there were no compelling reasons to keep the parking on Cameron Avenue, and he objected to several points in the staff's report. He stressed that the road was unsafe for cyclists and that there would be thousands of cyclists there every day if it were made safer. This would connect to Carrboro's excellent network of bike lanes and reduce parking downtown, Mr. Goldberg said.

COUNCIL MEMBER HARRISON MOVED, SECONDED BY COUNCIL MEMBER WARD, TO REFER THE PETITION TO THE TRANSPORTATION BOARD AND TO THE BICYCLE AND PEDESTRIAN ADVISORY BOARD. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 3c. Announcements by Council members: None.

Item 4—Consent Agenda

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES (2003-01-13/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.		Adoption of Minutes: October 28, November 4, 5, 11, 13, and 18, 2002.
b.		Establishing a Handicap Parking Space on Columbia Place West (O-1).
c.		Award of Bid for Fire Engine 34 Replacement (R-2).
d.		Proposed Lease of Building on Homestead Road to Carolina Sport Art (R-3a; Council may alternatively approve R-3b).
e.		Resolution of Intent to Consider Annexing Parkside II Area (R-4).
f.	Application for Federal Assistance (R-4.1)

This the 13^th day of January, 2003.

MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT R-1. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

AN ORDINANCE AMENDING CHAPTER 21 OF THE TOWN CODE OF ORDINANCES REGARDING PARKING SPACE RESERVED FOR HANDICAPPED INDIVIDUALS (2003-01-13/O-1)

BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:

Section 1. Section 21-36 of the Town Code “Parking space reserved for handicapped individuals” is hereby amended by adding a new subsection to read as follows:

“(9) A parking space in the cul-de-sac portion of Columbia Place West from a point approximately three hundred twenty four (324) feet west of the back-of-curb of Columbia Place Drive to a point three hundred forty four (344) feet west of the back-of-curb of Columbia Place Drive.”

Section 2. This ordinance shall become effective February 10, 2003.

This the 13^th day of January, 2003.

A RESOLUTION AWARDING BIDS FOR A FIRE PUMPER TO KME APPARATUS, INC. (2003-01-13/R-2)

WHEREAS, the Town of Chapel Hill solicited formal bids by legal notice in The Chapel Hill News on November 3, 2002, in accordance with G.S. 143-129 for the purchase of a Fire Pumper; and

WHEREAS, the low, responsive bid was submitted by KME Fire Apparatus, Inc. at the bid price of $330,926.94 and met the specifications established by the Town;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council awards the bids for a Fire Pumper to KME Fire Apparatus, Inc. in the amount of $330,926.94.

This the 13^th day of January, 2003.

A RESOLUTION AUTHORIZING THE MANAGER TO EXECUTE A LEASE AGREEMENT FOR THE APPROXIMATELY 6,000 SQUARE FOOT BUILDING LOCATED AT 2200 HOMESTEAD ROAD FROM JANUARY 14, 2003 UNTIL DECEMBER 31, 2004 (2003-01-13/R-3a)

WHEREAS, Carolina Sport Art, Inc. currently operates a gymnastics school in a building owned by the Town of Chapel Hill; and

WHEREAS, the Town desires that the services of the gymnastic school continue to be offered to the citizens of Chapel Hill; and

WHEREAS, the Town has published a public notice of the Council’s intent to enter into a lease agreement with Carolina Sport Art, Inc.; and

WHEREAS, no other party has requested to lease said premises;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to execute a lease agreement on behalf of the Town with Carolina Sport Art, Inc., or its successors in interest, for an approximately 6,000 square foot building at 2200 Homestead Road for the operation of a gymnastics school, said lease containing conditions substantially in the form presented by the Manager with his report on this matter on January 13, 2003, a copy of which shall be kept with the records of this meeting.

This the 13^th day of January, 2003.

A RESOLUTION STATING THE INTENT OF THE TOWN OF CHAPEL HILL TO CONSIDER ANNEXING THE AREA DESCRIBED HEREIN AND FIXING THE DATE OF PUBLIC HEARING ON THE QUESTION OF ANNEXATION (2003-01-13/R-4)

BE IT RESOLVED by the Town Council of the Town of Chapel Hill:

SECTION 1

That it is the intent of the Town Council of the Town of Chapel Hill to consider annexing the following described territory pursuant to Part 3, Article 4A of Chapter 160A of the General Statutes of North Carolina:

Parkside II Area. The Parkside II subdivision and the abutting right-of-way of the State University Railroad spur of the Norfolk Southern Corporation located in Chapel Hill Township, Orange County, North Carolina. The boundaries of the area under consideration for annexation are shown on the attached Map 1, incorporated as a part of this Resolution.

SECTION 2

That a public information meeting will be held in the Council Chambers of the Town Hall, 306 N. Columbia Street, Chapel Hill, N.C. 27516 at 7:00 p.m., on the 4th day of March, 2003. That a public hearing on the question of annexing the above-described territory will be held in the Council Chambers of the Town Hall, 306 N. Columbia Street, Chapel Hill, N.C. 27516 at 7:00 p.m., on the 17th day of March, 2003, at which time plans for extending services to said territory will be explained, and all residents and property owners in said territory, and all residents of the Town of Chapel Hill, will be given an opportunity to be heard.

SECTION 3

That a report of plans for extending services to the above-described territory be made available for public inspection at the office of the Town Clerk for at least thirty (30) days before the date of said public information meeting.

SECTION 4

That a legible map of the area to be annexed and a list of persons holding freehold interests in property in the area to be annexed who have be identified, be posted in the office of the Town Clerk at least thirty (30) days before the date of said public information meeting.

SECTION 5

That notice of said public hearing shall be given by publication and first class mail, as required by North Carolina General Statute 160A-49.

This the 13^th day of January, 2003.

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE A DESIGNATION OF APPLICANT’S AGENT REQUIRED FOR APPLICATION FOR FEDERAL EMERGENCY MANAGEMENT AGENCY FUNDS (2003-01-13/R-4.1)

WHEREAS, the Federal Emergency Management Agency (FEMA) has funds available for costs related to natural disasters; and

WHEREAS, the Town of Chapel Hill incurred damage from the snow/ice storm that occurred on the afternoon of December 4, 2002; and

WHEREAS, FEMA requires that any locality seeking intergovernmental assistance must authorize its agent to sign the attached “Designation of Applicant’s Agent”;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to execute the “Designation of Applicant’s Agent” agreement for the purpose of applying for FEMA funds related to the snow and ice storm that occurred on the afternoon of December 4, 2002.

This the 13^th day of January, 2003.

Item 5—Information Items

Regarding Agenda Item #5d (Biodiesel Use for the Town’s Vehicle, Heavy Equipment, and Transit Bus Fleet), Mayor Foy commended the Town Manager for his efforts to convert the Public Works trucks and the Town buses to cleaner burning fuels. Council Member Verkerk requested information on converting school buses as well.

Item 6—Village Plaza Shopping Center Renovation:

Application for Special Use Permit

Chapel Hill Planning Director Roger Waldon reviewed the Special Use Permit (SUP) application, which had been continued from a November 11, 2002 public hearing. He noted that the SUP specifically addressed demolishing and rebuilding the Plaza Theater and making a number of parking lot improvements. Mr. Waldon said that the key issue had been the proposal's request that the Council modify regulations (parking, floor area, livability space, buffers) that do not meet current Town standards. He pointed out that the Council would have flexibility to modify regulations if it found that those modifications would satisfy public purposes to an equivalent or greater degree.

Mr. Waldon explained that since the November meeting, Eastern Federal Corporation, the owner, had made a number of changes. He noted that these include reducing the number of screens and the square footage of the theater, adding parking spaces, offering a payment-in-lieu to support development of the adjacent greenway, and adjusting their completion dates for Phase I and Phase II. Mr. Waldon also noted that the staff had continued to recommend approval of Resolution A with its amendments.

Bill Wilson, Director of Real Estate for Eastern Federal Corporation, said that the new theater would make Chapel Hill more competitive with the Southpoint and Wynnsong cinemas, would enhance the real estate value of the nearby properties, and would draw additional traffic to adjacent retailers during evening hours. He explained that Eastern Federal had formed various agreements with neighboring merchants, which include eliminating Phase II of the project. Mr. Wilson pointed out that the new theater would contribute sidewalks and easements, a bus shelter, and $10,000 for the greenway. If the proposal is not approved, he said, Eastern Federal would be forced to consider alternate uses for that property, which might create more parking problems for neighboring merchants than a movie theater would.

Julie Yarnell, representing the PTA Thrift Shop, explained that her store is busiest between 4:00 p.m. and 8:00 p.m. She reviewed many of the store's expenses and asked the Town Council to think about how it would support the Thrift Shop if the theater overruns it.

Stephen Ginn, owner of Whole Foods, presented a handout that listed his objections to the expanded theater. He directed the Council's attention to information in the handout on an equivalent Eastern Federal development in Gainesville, Florida. Mr. Ginn said that the sources of conflict were parking and road access and the impact of those on the other businesses. He pointed out that the lot already was more than 200 stalls short of the required parking. The proposed development would be short by 280 stalls, he said. Mr. Ginn explained that he and Eastern Federal had worked out a fair approach in which each side gives a little. The proposal requests that the Council drop Phase II from the plan and that the two parties create a cross-easement agreement, he said. Mr. Ginn added that reducing the number of screens to ten and seats to 1600, and providing security through a cross easement agreement, would be a workable solution.

Chris Shaw, the property manager for Whole Foods and the Staples Property, read a letter from Crowell Little, owner of Gateway Commons. In the letter, Mr. Little stated that he was not in favor of Eastern Federal's variance. He pointed out that he had changed the design of Gateway Commons to meet every one of the Town's requirements even though those changes had come at a large expense to him. He had given up a third of his property for a greenway, Mr. Little wrote. He noted the inconsistency of allowing a movie business that generates hundreds of cars while expressing concern about cars on Franklin Street when he was developing his project. Mr. Little predicted that moviegoers would park on his property, and he asked that the same standards apply to Eastern Federal that had applied to him.

Jim Groot, owner of Red Hot & Blue Restaurant, stated that area merchants had been trying to reach a compromise and that they trust Mr. Ginn's recommendations. Noting that some of the other speakers would still need to put objections on the record, Mr. Groot expressed confidence that the issues would be resolved.

Ana Van Water read a statement on behalf of Whole Foods that expressed concern about the impact the cinema would have on their business and that of their neighbors. She described the parking lot as a "mad house" already, and said that the proposed theater was too large and out of balance with the shopping center. Ms. Van Water asked the Town Council not to approve this SUP.

Brenda Honeycutt, owner of Plaza Dry Cleaners, expressed concern about parking problems getting worse. She said that Phase II of the project, in particular, would devastate her business.

Business owner Rosemary Hargrove noted that plans for the theater change from day to day. She asked for reassurance that her concerns about parking would be addressed if the SUP were approved. Ms. Hargrove argued that the Council was not ready to approve this, and asked Council members to wait until everyone was clearer about specifics of the proposal.

Buffie Webber, Executive Director of the PTA Thrift Shop, argued that if the Town wants to encourage people to take buses it should put the movie entrance near the street and parking at the back. This project will create a "huge" increase in the number of cars, she said, adding that no one had been able to say what the impact on the Thrift Shop would be.

Virginia Knapp, Director of External Affairs for the Chapel Hill-Carrboro Chamber of Commerce, said that the Chamber had tried to foster collaboration between Eastern Federal and the existing businesses. She added that the Chamber hopes to work with the Town Council to ensure the success of the entire business community.

Mayor pro tem Evans inquired about the number of compact car spaces. Architect Richard Gurlitz replied that it would be 9% including those adjacent and behind the project. Mayor pro tem Evans agreed with Mr. Ginn's suggestion to move the box office to the other side of the building in order to direct parking away from the Whole Foods side of the shopping center. Mr. Gurlitz explained that having the box office where it is would provide room for "stacking," which would not be available on the other side without violating an entrance to the shopping center.

Council Member Verkerk asked Mr. Gurlitz to explain the advantages of parking spaces designed at an angle compared with those that are not. Mr. Gurlitz replied that the applicant would pick up more than 50 spaces by having them parallel to the face of the building. He said that perpendicular spaces were designed for customer convenience at food stores where people use shopping carts.

Council Member Wiggins asked if anyone from Eastern Federal was prepared to comment on conversations/negotiations with Whole Foods, particularly regarding the five points that Mr. Ginn had addressed. Mr. Wilson responded that Eastern Federal was willing to drop Phase 11 and had agreed to a cross-operating agreement which would enable Whole Foods and Eastern Federal to require each other to provide security if the patrons of one overused the other's parking lot. He pointed out that Mr. Gurlitz already had explained why moving the box office would be problematic, adding that they had proposed the optimum entrance given the way entrances work. Mr. Wilson stated that Eastern Federal's bottom line was ten movie screens. He noted that they had agreed to reduce the seat count to 1,600, which was 328 fewer than they had originally proposed.

Council Member Harrison requested that someone define what cross-easement means. Mr. Wilson replied that it would be an agreement between Eastern Federal and Mr. Ginn regarding access, how the cars flow between the two properties, and how the parties enforce parking rights on each other's property. It would also deal with requiring security, he said. Mr. Wilson noted that the agreement could also stipulate that Whole Foods would have the right to park on Eastern Federal's lot during the day.

Mr. Ginn explained that the agreement would be similar to that between Whole Foods and the Staples project, where the two parties work out and submit an agreement as part of the application. He suggested that they bring the agreement back to the Council rather than hash it out in this forum.

Council Member Harrison pointed out that Council members need to know what they were voting on.

In response to an inquiry by Mayor Foy, Town Attorney Ralph Karpinos said that Council members could defer the agreement subject to approval by the Manager, if they reached a point where all of the other issues were resolved.

Mayor Foy asked if the current in the proposed SUP was specific enough. Mr. Waldon noted that the issues of access easements had been part of the process from the start. The staff had previously included language saying that a condition of approval for this application would be negotiation of easements that the Town believes are critical to the operation of this center, he said. Mr. Waldon pointed out that the Zoning Compliance Permit authorizing the construction of work could not be issued until those easements are agreed upon, negotiated and recorded. Mayor Foy determined that this was the kind of agreement that Mr. Ginn was anticipating.

Council Member Bateman asked to ensure that the agreement would protect the other businesses in the area as well. She gave the Timberlyne Movie Theater and its neighboring animal clinic as an example of a conflict worth avoiding. Council Member Bateman asked that the cross-easement agreement include language addressing that potential problem.

Mr. Groot explained that he had to leave the meeting and asked to go on record with his three concerns: make sure that any parking behind the movie theater is secure and well lighted for safety reasons; ensure that any parking to the side of the theater would revert to Phase II and allow for 75 parking spaces; and, mandate that the disruption of parking during the construction phase be as minimal as is practically possible.

Council Member Wiggins asked if the Council was going to act on this tonight. Mayor Foy replied that there was no reason why they could not.

Council Member Wiggins stated that the information before the Council was confusing because of all the renegotiating that had gone on. She requested that it be organized and consolidated onto one list so that Council members would know exactly what they were voting on. Council Member Wiggins also asked if the footprint would diminish from 38,000 square feet with the number of screens reduced to ten. Mr. Gurlitz replied that it would be reduced by about 2,000 square feet.

Mayor Foy noted that the grid on page 13 of the materials listed the key issues. He said that the only changes to that would be the five items that Mr. Ginn had addressed in his letter. But Mr. Gurlitz noted one more change with regard to the compactor mentioned in #33 of the SUP. Eastern Federal would like to study whether putting a compactor there is the best approach for this application, he said. If the Manager still requires it after the study, then they would agree, Mr. Gurlitz said.

Mr. Horton noted that there was language that Council Member Bateman had expressed interest in and the unresolved question of the box office location. He advised the Council to allow the staff to work with the applicant to find language that would resolve as many issues as possible and bring that back on January 27, 2003.

Council Member Harrison reiterated his request from November 11, 2002, that class one spaces have signage indicating where they are.

Council Member Kleinschmidt verified that the revised resolution would also include eliminating Phase II.

Council Member Ward wondered if the option for Phase II could be held open for a few years to see if a parking problem developed. Mr. Horton replied that the applicant could return to the Council with a SUP modification request. He offered to try and determine if some other method could be used as well.

Mayor pro tem Evans asked that Mr. Groot's issues regarding lighting in the back parking area and construction be addressed as well. She thanked the various parties for working together rather than leaving the entire decision up to the Council.

Council Member Bateman commended the parties as well. She commented that the Town had approved parking spaces for the Bible Church with a similar stipulation.

COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER WARD, TO RECEIVE AND REFER COMMENTS AND TO RECESS THE PUBLIC HEARING TO JANUARY 27, 2003. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Council Member Wiggins asked the staff to reference the stipulation numbers of the proposed changes when this comes back to the Council.

Item 7—Morgan Estates Subdivision:

Application for Preliminary Plat Approval

Mr. Waldon noted that this proposal to subdivide 11 acres into 12 residential lots with a new point of access onto Culbreth Road, had last been before the Council on November 18, 2002. The key issue dominating that hearing had to do with affordable housing and how the new Land Use Management Ordinance (LUMO) was likely to lower the threshold to five lots, he said. Mr. Waldon reminded Council members that they had asked the applicant to consider the Town's affordable housing needs and to state whether they were willing to offer a proposal that would help promote and address some of those objectives. He said the applicant had offered to either guarantee that each of the 12 houses has an accessory apartment or to make a contribution in support of affordable housing. The amount of that contribution would be $52,500, Mr. Waldon said, adding that the Town staff and Robert Dowling of Orange County Community Housing had determined the figure.

Mr. Waldon explained that the staff had recommended approval, with the contribution to affordable housing, and that the payment be made to the Town's Revolving Acquisition Fund. He pointed out the revised language for stipulation #10 in Resolution A regarding Culbreth Road improvements. Mr. Waldon said there was no change in substance but only clarification.

Bob Zumwalt, representing the John R. McAdams Company, Inc., said that the applicant was in favor of Resolution A with one exception. He requested that the applicant be allowed to split the cost of the Culbreth Road improvements with the developer next door, as proposed by the Planning Board in Resolution B. Mr. Zumwalt asked the Council to add that language from Resolution B and to support a revised Resolution A.

Council Member Harrison determined from Mr. Waldon that the 35-foot road cross-section in #10 meant two 15-foot lanes and a two and a half foot curb and gutter on each side. He asked if Culbreth Road had been designated as a "local collector" or an "arterial" road. Mr. Horton said that the road matches up with what is already there.

Council Member Kleinschmidt asked when the Town had last approved a development with accessory apartments and if they had ever been used to address affordable housing issues. Mr. Horton and Mr. Waldon replied that accessory apartments had not been used for that purpose. Mr. Horton added that he would not recommend it because it would, in effect, double the density of the development. Mr. Waldon pointed out that this proposal was to guarantee those accessory apartments rather than merely permit them under Town rules.

Council Member Kleinschmidt inquired about standards. Mr. Waldon explained that the house containing the apartment must maintain the appearance of a single-family home. He said that the apartment could be physically separated as long as the unit maintains the appearance of a single-family house and the size limitations are respected.

Referring to page five of the materials, Mayor pro tem Evans stated that she had thought Culbreth Road did meet the Council's five criteria for determining on-street bicycle facilities. She said that having marked bicycle lanes would encourage people to let their children ride bikes to school. Mayor pro tem Evans asked which of the criteria Culbreth Road did not meet. She also asked if bicycle lanes could be marked. Mr. Waldon pointed out that it was the Council that had determined the five criteria and it could change the criteria at its discretion. He explained that the nature of Culbreth Road was changing and it seemed more suited to the wide outside lane criteria.

Council Member Verkerk suggested moving on with the meeting since this was not an issue that would be decided upon this evening.

Mayor pro tem Evans explained that she was exploring whether or not the established criteria had been met. She wondered about the possibility of changing it in the future, she said, if the Council changes the criteria to add school proximity.

Mayor Foy asked if the lane could be striped. Mr. Horton replied that the Town can do whatever the Council permits on locally controlled roads and whatever the State permits on State roads. The State allows striping when there is a four- or five-foot bike lane, he said. Mr. Horton noted that the Council had preferred wide outside lanes to striped bike lanes in most circumstances. He added that this circumstance justifies wide outside lanes principally because there is no limit along this stretch on turns into schools, driveways and subdivision entrances.

Council Member Ward expressed support for the staff's recommendation for the wide outside lane. He added that he would expect his school age children to ride their bikes on the sidewalk.

Council Member Harrison agreed that young children should ride bikes on the sidewalks, since they are allowed to do so in Chapel Hill. Mr. Waldon clarified that a 35-foot cross-section includes 30 feet of travel lane and five feet of curb and gutter, as Council Member Harrison had said.

Council Member Ward asked Mr. Waldon to explain how the staff arrived at the $52,500 payment-in-lieu figure. Mr. Waldon replied that the applicant had contacted Mr. Dowling, who said this was about what it costs, on average, to create one affordable housing unit in a several unit project. Mr. Zumwalt added that $52,500 was exactly what it had cost to subsidize one unit and the land in Meadowmont's affordable housing development.

Mr. Waldon explained that 15% of 13 or more units need to be size-limited, and then they round down. He explained applying that rule to a 10-lot subdivision would mean that two units must be size limited or one unit must be affordable.

Council Member Ward pointed out that 15% of 12 units is 1.8 units. He proposed that the payment-in-lieu accurately reflect that in terms of dollars. Mr. Zumwalt replied that this was how it had consistently been applied and that this was the proposal they were making.

Mayor Foy summarized that Council Member Ward was proposing that a payment of $94,000 would be more in line with the 15% target. Mayor Foy asked the applicant if that was acceptable. Dawn Herrick, Director of Planning with the John R. McAdams Company, said that the applicant had researched what had been done in the past with respect to other similar applications and had aligned their proposal with that. They had also discussed the amount with Mr. Dowling, she said, and pointed out that the applicant had made other changes at considerable expense. Ms. Herrick stated that the proposal was at the point where it was just economically feasible for the developer.

Council Member Ward inquired about the applicant's proposal regarding the sidewalk. Mr. Horton predicted that the Town would end up incurring the cost of that sidewalk if this applicant did not build it. He added that he did not think a payment-in-lieu for the sidewalk would be in the Town's best interest.

COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER VERKERK, TO CLOSE THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Council Member Strom moved, seconded by Council Member Verkerk, to adopt R-8a with new language substituted for stipulation #10.

Council Member Kleinschmidt said that he was intrigued by the applicant's proposal to provide affordable units. That would offer renters an opportunity that does not exist in new developments around Town, he said. Council Member Kleinschmidt proposed that it would be far-sighted of the Town Council to take a look at that option, adding that permitting 750-square-foot additions would not double the density of the development.

Mayor Foy noted that there was no specific language for that option. Mr. Horton replied that the staff could draft that language if the Council directed it. Mr. Horton pointed out that the ordinance does permit accessory apartments under the zoning.

Mayor pro tem Evans stated that Mr. Dowling had told her that one of the hardest things to get was dollars. She remarked that any single-family home could add an accessory apartment and this was an opportunity to make money where the development has lot sizes that would enable people to add apartments on their own. Mayor pro tem Evans concluded that she did not think the Town should require it.

Council Member Ward agreed with Mayor pro tem Evans's position and wondered how the Town would control its long-term diversity goals with accessory apartments. He also agreed with Council Member Kleinschmidt that density would not double with a 750-square foot addition, but commented that the number of vehicles might double.

Council Member Kleinschmidt stated that the Town should spend some time looking at affordable housing options other than homeownership, but said that he understood Mayor pro tem Evans' point.

COUNCIL MEMBER KLEINSCHMIDT MADE A SUBSTITUTE MOTION, SECONDED BY COUNCIL MEMBER VERKERK, TO REVISE #17 TO PROVIDE FOR ACCESSORY APARTMENTS RATHER THAN DOLLARS. THE SUBSTITUTE MOTION FAILED (3-6) WITH COUNCIL MEMBERS KLEINSCHMIDT, VERKERK AND FOY VOTING AYE, AND COUNCIL MEMBERS BATEMAN, EVANS, HARRISON, STROM, WARD AND WIGGINS VOTING NAY.

THE MAIN MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION APPROVING AN APPLICATION FOR A PRELIMINARY PLAT FOR MORGAN ESTATES SUBDIVISION (2003-01-13/R-8a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Morgan Estates Subdivision, proposed by The John R. McAdams Company, Inc., on the property identified as Chapel Hill Township Tax Map 122, Block B, Lot 17, (PIN # 9778-80-5682) if developed according to the preliminary site plan dated March 12, 2002, revised July 3, 2002, and the conditions listed below, would comply with the provisions of the Development Ordinance:

These findings are based on the following:

Stipulations Related to General Issues

1. Expiration of Preliminary Plat: That this Preliminary Plat approval shall be valid for one year from the date of approval subject to reapproval by the Town Manager in accordance with the provisions of the Development Ordinance.

2. Number of Lots: That this approval shall authorize the creation of 12 lots on 11.02 acres.

Stipulations Related to Transportation Issues

3. Dedicated Right-of-Way: That all required dedicated right-of-way be shown on a recorded final plat, to be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

4. Stub-out to Adjacent Property: The new roadway shall be constructed to stub-out at the eastern property line between Lot 3 and the pedestrian connection to the recreation area to be connected to the proposed subdivision to the east.

5. T-Turnaround: That the applicant shall provide a temporary T-Turnaround, large enough to accommodate service vehicles, straddling Lot 5 and the proposed pedestrian connection to recreation area, to be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

6. T-Turnaround Removal: That the applicant shall remove the T-Turnaround and associated easement when the stubout is connected to the anticipated subdivision development to the east.

7. Stub-out Signage: Signage shall be located at each roadway stub-out that indicates the roadway will be extended for future development. The size, text, and color of the signs shall be subject to the Town Manager’s approval.

8. On-Site Road Improvements: That a 27-foot wide road, measured to back of curb to back of curb, with 30-inch wide curb and gutter and a 5-foot sidewalk on the west side of the road, within a 50-foot wide right-of-way, shall be built to Town’s Standard throughout the site, to be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

9. Culbreth Road Entrance Drive Sidewalk Improvements: That a 5-foot wide sidewalk shall be built to Town standard, on both sides of the main entrance driveway from Culbreth Road and on the west side, or outside, of the loop road throughout the remainder of the site, to be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

10. Culbreth Road Improvements: That a 35-foot road cross-section shall be built on Culbreth Road from edge of pavement on the north side of the road to the curb face of the south side. The improvements, including a 5-foot wide sidewalk on the north side of the road, shall extend from approximately 540 linear feet eastward, from the Morgan Estates Subdivision entry road to the adjoining parcel, past Weyer Road. The improvements shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

11. Culbreth Road Bicycle Facility Requirements: That the applicant shall provide wide outside lanes to accommodate bicycle traffic, on the portion of the north side of Culbreth Road where other road improvements are required, built to Town standard, to be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. This wide outside lane shall fulfill on-street bicycle facility requirements, adopted by the Town Council, September 24, 2001, amended September 25, 2001.

12. Culbreth Road Right-of-Way Dedication: That adequate right-of-way shall be dedicated on the Culbreth Road frontage, extending approximately 540 linear feet eastward, from the Morgan Estates Subdivision entry road to the adjoining parcel, past Weyer Road. The right-of-way width shall extend one foot beyond the sidewalk.

13. Pedestrian/Roadway Right-of-Way: That the applicant shall dedicate a 50-foot wide right-of-way, between Lots 10 and 11 to the adjacent property to the west, for a potential future pedestrian trail or a potential vehicular connection, to be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

Stipulations Related to Recreation

14. Recreation Requirements: That the applicant shall provide recreation area (approximately 49,209 square feet) in the northern portion of the site, with access from a 50-foot wide pedestrian connection, located between Lot 5 and the eastern property line, to be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. The land shall be deeded to the Homeowners’ Association when the Final Plat is recorded.

15. Town Recreation Easement: That the applicant shall grant a public access easement to the Town for the entire recreation area that provides public access to build and maintain trails and that the following users be entitled to use the public recreation area: pedestrians, users of non-motorized vehicles, and motorized wheelchairs.

16. Pedestrian Trail Signage: That the applicant shall provide pedestrian trail signage identifying the trail at all points of entry. The signs shall comply with sign design standards contained in the Development Ordinance.

Stipulations Related to Housing Issues

17. Contribution for Affordable Housing: That the applicant shall provide $52,500 to the Town’s Revolving Acquisition Fund to subsidize affordable housing, prior to the issuance of a Zoning Compliance Permit.

Stipulations Related to Landscaping and Architectural Issues

18. Landscape Protection Plan: That a detailed Landscape Protection Plan, clearly indicating which rare and specimen trees will be removed and preserved and including Town standard landscaping protection notes, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

19. Tree Protection Fencing: That the limits of land disturbance with tree protection fencing shall be shown on the Landscape Protection Plan, to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

20. Off-Site Grading: That off-site temporary construction agreements, authorizing grading and landscaping, shall be provided for any off-site work such as the area required for building the connection to Westbury Drive, and the area required for building the connection to Culbreth Road, which shall be approved by the Town Manager and recorded at the Orange County Register of Deeds Office prior to the issuance of a Zoning Compliance Permit.

21. Homeowners’ Association: That a Homeowners’ Association shall be created that has the capacity to place a lien on the property of a member who does not pay the annual charges for maintenance of common areas, however designated. The Homeowners’ Association documents shall be approved by the Town Manager prior to recordation at the Orange County Register of Deeds Office and shall be cross-referenced on the final plat.

Stipulations Related to Environmental Issues

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

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

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

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

Each Final Plan application shall demonstrate compliance with the steep slopes regulations in the Development Ordinance. The Town Manager shall decide if the proposed building and site engineering techniques are appropriate. These restrictions shall be referenced in the Homeowners’ Association documents.

23. Stormwater Management Plan: That prior to the issuance of a Zoning Compliance Permit the applicant shall submit a Stormwater Management Plan for review and approval by the Town Manager. The plan shall be based on the 1-year, 2-year, and 25-year frequency, 24-hour duration storms, where the post-development stormwater run-off rate shall not exceed the pre-development rate. Engineered stormwater facilities shall also remove 85% total suspended solids and treat the first inch of precipitation utilizing N.C. Division of Water Quality design standards.

24. Best Management Practices: That the applicant shall employ Best Management Practices, such as drainage swales and level spreaders, to manage the rate and quality of runoff, based on best available information from the NC State University Cooperative Extension. Final design and locations shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. These stormwater management features shall not be permitted within approved landscaped bufferyard areas.

25. Storm Drainageway Easement: That all stormwater management improvements, outside public rights-of-way, shall be located inside reserved storm drainageway easements, per Town guidelines, to be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

26. Stormwater Operations and Maintenance Plan: That the applicant shall provide a Stormwater Operations and Maintenance Plan for all engineered stormwater facilities. We recommend that the plan include the owner's financial responsibility and include the maintenance schedule of the facilities to ensure that it continues to function as originally intended and shall be approved by the Town Manager, prior to the issuance of a Zoning Compliance Permit.

27. Erosion Control: That a detailed soil erosion and sedimentation control plan, including provision for maintenance of facilities and modifications of the plan if necessary, be approved by the Orange County Erosion Control Officer and the Town Manager prior to issuance of a Zoning Compliance Permit.

That a performance guarantee be provided in accordance with Section 5-97.1 of the Town Code of Ordinances prior to issuance of any permit to begin land-disturbing activity.

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

Stipulations Related to Utility and Service Issues

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

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

31. Utility Line Placement: That all new utility lines shall be placed underground. The applicant shall be required to indicate proposed off-site utility line routing and upgrades required to service the site on Final Plans, to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

32. OWASA Easements: That easement documents as required by OWASA and the Town Manager be recorded concurrently with the final plat. That the final plat shall be approved by OWASA prior to Town Manager approval.

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

34. Fire Hydrant Spacing: That maximum spacing between fire hydrants shall not exceed 500 feet, subject to approval by the Town Manager prior to issuance of a Zoning Compliance Permit.

Stipulations Related to Miscellaneous Issues

35. Construction Management Plan: That a Construction Management Plan, indicating how construction vehicle traffic will be managed, shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

36. Open Burning: That the open burning of trees, limbs, stumps and construction debris associated with this development is prohibited unless it is demonstrated to the Town Manager or his designee that no reasonable alternative means are available for removal of the materials from the subject property. The Fire Marshall may establish safety standards, which must be met in order to receive a permit under this Article.

37. Plant Rescue: That the applicant consider conducting plant rescue activities on the site after the issuance of a Zoning Compliance Permit and prior to the start of construction.

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

39. As-Built Plans: That as-built plans in DXF binary format using State plane coordinates, shall be provided for street improvements and all other existing or proposed impervious surfaces prior to issuance of the first Certificate of Occupancy.

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

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

41. Street Names and Addresses: That the name of the development and its streets and house numbers be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

42. Construction Sign: That the applicant shall post a construction sign that lists the property owner’s representative and telephone number, the contractor’s representative and telephone number, and a telephone number for regulatory information at the time of issuance of a Building Permit, prior to the commencement of any land disturbing activities. 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.

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

BE IT FURTHER RESOLVED that the Council hereby approves the application for a Preliminary Plat for the Morgan Estates Subdivision in accordance with the plans and conditions listed above.

This the 13^th day of January, 2003.

Item 8—Avalon Park Planned Development:

Application for Preliminary Plat Approval

Mr. Waldon reported that this had come back from a November 18, 2002 public hearing. He outlined the proposal to divide five acres on Chapel Hill Road into 10 residential building lots. Mr. Waldon pointed out that this was like the previous application in that the Council had asked both applicants to address affordable housing. The proposal was almost identical to the previous one, he said, in offering a $52,500 contribution in support of affordable housing.

Warren Mitchell, representing the applicant, pointed out that the pedestrian easements had been removed in response to objections by the gas company. He said that the applicant had therefore reverted back to the payment-in-lieu option for green space. Mr. Mitchell stated that the applicant had also proposed a $52,000 payment-in-lieu to affordable housing, but would agree to $52,500 to be in accordance with agenda item #7, which had just been approved by the Council.

Council Member Bateman clarified that affordable housing contributions from both applicants would go to the Town’s Revolving Loan Fund, not the Land Trust. Mr. Horton explained that the Council could allocate those funds to the Land Trust if it so wished.

Council Member Ward pointed out a contradiction between pages 7 & 11 in the staff's recommendation regarding pedestrian easements along the natural gas right-of-way. Mr. Waldon noted the error and said that page 11 was correct.

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

Council Member Wiggins expressed a preference for having construction traffic use Homestead Road rather than High School Road. Mr. Horton offered to confer with the School System and the Town's traffic engineer regarding that. Mr. Waldon noted that there was no language for that in this resolution, but the Town had in the past required that the Manager approve a construction management plan prior to issuance of a Zoning Compliance Permit.

Council Member Harrison noted that the Zoning Compliance Permit already covered some elements of construction. Mr. Waldon replied that he had meant "construction traffic management plan." Council Member Harrison asked if there was anything, aside from what is in a SUP, that requires projects to say where construction traffic should enter. Mr. Waldon replied that there were provisions in sign regulations but that the traffic management plan would address specifics about where construction traffic should go.

COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT R-9A, AS AMENDED TO INCLUDE A CONSTRUCTION TRAFFIC MANAGEMENT STIPULATION SAYING "PRIOR TO ISSUANCE OF A ZONING COMPLIANCE PERMIT A CONSTRUCTION TRAFFIC MANAGEMENT PLAN APPROVED BY THE TOWN MANAGER WOULD HAVE TO BE ON FILE" AFTER STIPULATION #34 UNDER MISCELLANEOUS ISSUES. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Council Member Ward suggested that the staff look at ways to insert pedestrian access when looking at future applications.

A RESOLUTION APPROVING AN APPLICATION FOR A PRELIMINARY PLAT FOR AVALON PARK SUBDIVISION (File # 7.109..9P) (2003-01-13/R-9a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Avalon Park Subdivision, proposed by Mitchell, Westendorf, P.A., on the property identified as Chapel Hill Township Tax Map 109, Lot 9P, if developed according to the preliminary site plan dated January 29, 2002, revised June 4, 2002, and November 13, 2002, and the conditions listed below, would comply with the provisions of the Development Ordinance:

These findings are based on the following:

Stipulations Related to General Issues

2. Number of Lots: That this approval shall authorize the creation of 10 lots on 5.12 acres.

3. Contribution for Affordable Housing Unit: That the applicant shall provide $52,000 to the Town’s Revolving Acquisition Fund to subsidize affordable housing, prior to the issuance of a Zoning Compliance Permit.

Stipulations Related to Transportation Issues

3. New Road: That the new road shall be constructed:

· One-way portion: With a 35-foot right-of-way to include an 18-foot pavement section, 30-inch curb and gutter and a 5-foot sidewalk and a 3-foot grass strip on the outside of the loop road; and

· Two-way portions: With a 45-foot right-of-way to include a 22-foot pavement section, 30-inch curb and gutter and 5-foot sidewalk on both sides of the road.

5. High School Road: That the applicant improve High School Road along the project frontage to complete a 33-foot-wide cross-section with Town standard curb and gutter and 5-foot concrete sidewalk.

6. High School Road Bicycle Facility Requirements: That the applicant shall provide wide outside lanes to accommodate bicycle traffic, on the portion of the north side of High School Road where other road improvements are required, built to Town standard, to be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. This wide outside lane shall fulfill on-street bicycle facility requirements, adopted by the Town Council September 24, 2001, amended September 25, 2001.

7. Pavement Marking Plan: That the applicant submit a signage and pavement marking plan for on-street parking to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The signs and pavement markings shall be installed by the applicant prior to issuance of the first Certificate of Occupancy for a structure on the new lots.

8. Striped Pedestrian Crosswalk: That the applicant provide a striped pedestrian crosswalk across High School Road at the new intersection, to be approved by the Town Manager.

Stipulations Related to Recreation

9. Recreation Area: That the proposed Recreation Areas shall be owned and controlled by the Homeowners’ Association for fulfillment of the Recreation Area requirement. That a note be included on the plans and recorded on the final plat indicating that the Homeowners’ Association will be responsible for maintenance of the recreation areas.

10. Payment-in-Lieu for Minimum Recreation Requirements: That the developer provide a payment-in-lieu of providing a minimum of 6,702 square feet of recreation area for this development. The payment amount shall be approved by the Town Manager in accordance with the Development Ordinance, Section 17.9.5.

The recreation payment amount shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit and shall be paid prior to approval of the final plat.

Stipulations Related to Landscape and Architectural Issues

11. Required Landscape Bufferyard: The following landscape buffer is required for this subdivision:

· Type “C” landscape bufferyard (minimum 20-foot width) along the property’s frontage with High School Road.

The landscape buffer shall be on land deeded to the Homeowners’ Association.

12. Landscape Protection Plan: That a Landscape Protection Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The Landscape Protection Plan shall include tree protection fencing between infrastructure construction and existing vegetation to be retained in the following locations:

a) The required landscape bufferyard;

b) Along sewer easement clearing lines;

c) Adjacent to any construction within the Resource Conservation District; and

d) Between construction and rare and specimen trees to remain.

That all tree protection fencing shall be installed at a distance from the base of the tree equal to at least one foot per diameter at breast height (dbh) subject to Town Manager approval.

13. Landscape Planting Plan: That a Landscape Planting Plan be approved by the Town Manager as part of Final Plans prior to issuance of a Zoning Compliance Permit. The plan must include evergreen plantings proposed to supplement the High School Road buffer. The Landscape Planting Plan shall also include a plant list, indicating type, size and number of proposed plants.

14. Landscaped Traffic Island: That the traffic island be landscaped and maintained by the Homeowners’ Association. An Encroachment Agreement between the homeowners and the Town must be provided prior to issuance of a Zoning Compliance Permit.

An under drain system (French drain) to divert ground water away from the street sub-grade and pavement shall be constructed for the traffic island. The island design shall be submitted for approval by the Town Manager prior to issuance of a Zoning Compliance Permit.

15. Clearing Limits: That the applicant indicate where silt fencing and/or continuous flagging will be installed along the proposed clearing limit lines.

16. Homeowners’ Association: That a Homeowners’ Association be created that has the capacity to place a lien on the property of a member who does not pay the annual charges for maintenance of common areas, however designated. The Homeowners’ Association documents shall be reviewed and approved by the Town Manager prior to recordation at the Orange County Register of Deeds Office and shall be cross-referenced on the final plat.

Stipulations Related to Environmental Issues

17. Resource Conservation District Boundaries: That the boundaries of the Resource Conservation District be indicated on the final plat and plan. A note shall be added to all final plats and plans, indicating “Development shall be restricted within the Resource Conservation District in accordance with the Chapel Hill Development Ordinance.”

18. Resource Conservation District Variances: That all variances necessary for development within the Resource Conservation District be obtained before application for final plat or Final Plan approval for the subject phase(s) of development.

19. Buildable Lots: That no lot be created that would require a Resource Conservation District variance in order to be built upon.

20. Restrictions in the Resource Conservation District: All required erosion control sediment basins and stormwater improvements, outside the public rights-of-way, including associated clearing and grading, shall be located entirely outside of the Resource Conservation District. All grading associated with the construction of a residence shall be located entirely outside of the Resource Conservation District.

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

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

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

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

22. Stormwater Management Plan: That a Stormwater Management Plan shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. Based on the 1-year, 2-year, and 25-year storms, the post-development stormwater run-off rate shall not exceed the pre-development rate. Depending on the development site location, size in area and the condition of the existing conveyance system and associated lands, the Manager may waive or change the peak discharge rate criteria in part or in whole if, based on an approved Stormwater Management Plan, it is demonstrated that detention would intensify existing peak discharges or may cause other problems on abutting or downstream properties. In addition, the plans shall show all storm drainage outlets and address any impact the stormwater from these outlets may have on abutting properties.

23. Stormwater Operations and Maintenance Plan: That the applicant shall provide a Stormwater Operations and Maintenance Plan for all engineered stormwater facilities. We recommend that the plan include the owner's financial responsibility and include the maintenance schedule of the facilities to ensure that it continues to function as originally intended, and shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

24. Best Management Practices: That the applicant utilize best management practices (BMP’s), as approved by the NC Division of Water Quality (NCDWQ) and the Town Manager, to treat stormwater runoff from all improved areas. Final design and locations shall be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. These features shall not be permitted within approved bufferyard areas or the Resource Conservation District.

25. Storm Drainageway Easement: That a 30-foot minimum easement titled “Reserved Storm Drainageway” shall be required for all engineered stormwater features located above and below ground including pipes, streams, and ditches that carry water to and from abutting properties.

Unless specifically designated by the Town as “Public” the drainage features and infrastructure within the “Reserved Storm Drainageway” shall be considered private and are the responsibility of the property owner. Drainage easements are not required for drainage structures and conveyance systems that handle internal stormwater runoff within a single lot or parcel.

26. Public and private stormwater drainage curb hood/covers shall be pre-cast stating, “Dump No Waste! Drains to Jordan Lake”, in accordance with the specifications of the Town Standard Detail SD-5A.

That a performance guarantee be provided in accordance with Section 5-97.1 of the Town Code of Ordinances prior to issuance of any permit to begin land disturbing activity.

All erosion control sediment basins, including associated clearing and grading, shall be located entirely outside of the Resource Conservation District.

Stipulations Related to Utility and Service Issues

28. High School Road Stormwater Facilities Analysis: That the applicant conduct an analysis of High School Road stormwater facilities. If the analysis warrants additional curb inlets or other facilities, the applicant shall provide for these facilities and their locations to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

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

30. OWASA Easements: That easement documents as required by OWASA and the Town Manager be recorded concurrently with the final plat. That the final plat shall be approved by OWASA prior to Town approval.

31. Placement of Utility Lines Underground: That the final plans indicate that all new utility lines shall be placed underground.

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

33. Fire Hydrant Spacing: That maximum spacing between fire hydrants shall not exceed 500 feet, unless modified by the Town Manager.

Stipulations Related to Miscellaneous Issues

34. Solid Waste Management Plan: That a Solid Waste Management Plan, and a plan for land clearing and managing and minimizing construction debris, shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

35. Construction Traffic Management Plan: That a Construction Traffic Management Plan shall be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. The Plan shall take into account the operation of nearby schools.

36. Open Burning: That the open burning of trees, limbs, stumps and construction debris association with this development is prohibited unless it is demonstrated to the Town Manager or his designee that no reasonable alternative means are available for removal of the materials from the subject property. The Fire Marshall may establish safety standards, which must be met in order to receive a permit.

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

38. As-Built Plans: That as-built plans be in DXF binary format using State plane coordinates, shall be provided for buildings, parking lots, street improvements, and all other existing or proposed impervious surfaces prior to issuance of the first Certificate of Occupancy.

39. Plant Rescue: That the applicant consider conducting plant rescue activities on the site after the issuance of a Zoning Compliance Permit and prior to the start of construction.

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

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. Street Names and Addresses: That the name of the development and its streets and house numbers be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

43. Construction Sign: That the applicant post a construction sign that lists the property owner’s representative and telephone number, the contractor’s representative and telephone number, and a telephone number for regulatory information at the time of issuance of a Building Permit, prior to the commencement of any land disturbing activities. 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.

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

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

BE IT FURTHER RESOLVED that the Council hereby approves the application for a Preliminary Plat for the Avalon Park Subdivision in accordance with the plans and conditions listed above.

This the 13th day of January, 2003.

Item 9—Revision to Capital Improvements Program 2002-03 Budget

Mr. Horton recommended that the Council focus on item #10 (Process for Preliminary Design and Cost Estimation for Town Operations Center) if they intend to adjourn at 10:30. Mayor Foy noted that the chair of the Public Arts Commission was present to speak on item #9. He recommended incorporating the rest of the conversation regarding #9 into Friday's upcoming budget discussion during the planning session.

COUNCIL MEMBERS AGREED BY CONSENSUS TO DEFER DISCUSSION OF ITEM #9 TO THE JANUARY 17, 2003 PLANNING SESSION.

Renee Piechocki, Co-chair of the Public Arts Commission, requested an additional $7,000 for art at the Hargraves Center, bringing the total request to $17,000. She handed out a "call to artists" that the Commission had developed with Katherine Spatz of the Parks and Recreation Department, and Nate Davis of the Hargraves Center. Ms. Piechocki predicted that the project would create a high level of interaction with the community and said that the additional funds would allow the Commission to hire someone to facilitate and develop the process and would allow a greater number of design possibilities. Commission members had decided that pooling all of the funds into Hargraves was the most exciting and acceptable thing to do for the community, she said.

Mayor Foy asked when the Commission planned to send out the solicitation to artists. Ms. Piechocki replied that they would do so as soon as they knew about funding.

In response to a comment by Council Member Verkerk, Ms. Piechocki explained that there would be an upcoming article in the News and Observer about Town benches and the partnership between the Public Arts Commission and the Department of Public Works.

Council Member Wiggins asked if that amount would be sufficient, and Ms. Piechocki replied that it was better than only $10,000. She explained that the Commission had also submitted a grant to two foundations and would be submitting another to the N.C. Arts Council in May. Ms. Piechocki said they hope the total budget will be between $25-30,000. Public Arts Commission Co-chair Andrew Ross added that the additional $7,000 would help them recruit a better choice of artists.

Mayor Foy determined that the budget page of the Commission's proposal would say that the Town's contribution was $17,000.

COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER VERKERK, TO ALLOCATE $7,000 FROM THE CAPITAL IMPROVEMENTS FUND TO THE ARTS COMMISSION FOR "PERCENT FOR ART" AT THE HARGRAVES CENTER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 10—Process for Preliminary Design and Cost

Estimation for Town Operations Center

Assistant Town Manager Sonna Loewenthal explained the plan to develop a Town Operations Center that demonstrates the best techniques of sustainable development, environmental sensitivity, and fiscal prudence. She explained that the proposed process would include a site analysis, needs assessment, conceptual site plan, and cost figures. The Town would include value engineering at several points in the process, Ms. Loewenthal said, as well as guidance and decision-making by the Council and input from advisory boards and the public.

Ms. Loewenthal stated that the staff hoped to provide the Council with a general preliminary report by June 23, 2003. Then the consultants would work between June and August 25th to develop a plan that the Council could take action on, she said. Ms. Loewenthal noted that the schedule might allow the option of a bond referendum in November so that the Town could pursue federal funding for transit-related costs.

Ms. Loewenthal proposed forming a Design Advisory Committee with as many Council members as possible. The Committee would also include three neighbors close to the site, other Chapel Hill residents, and a member from each of three advisory boards, she said. Ms. Loewenthal pointed out that both State and federal funds would be dependent on the cost estimate and that funding would be available for up to 80% of the transit costs. The Town will have to determine how to finance costs related to Public Works and other uses that are not part of transit, she said. Ms. Loewenthal recommended that the Council adopt the resolutions establishing the process and the Design Advisory Committee.

Mayor Foy asked how soon the Town would get an idea about the budget so that it could lay the groundwork publicly. He commented that waiting until the end of August would be very late. Ms. Loewenthal pointed out that there would be public discussion in April. From then on, she said, the budget and/or plan would be revised, with a better figure available in June.

Mayor pro tem Evans, noting that there were no employees proposed for the Committee, asked about a process for employee input. Ms. Loewenthal explained that consultants would interview employees throughout the following week and that there would be a four-day design workshop in February that would include employees. After that, she said, employees would be invited to all meetings. Ms. Loewenthal added that these would be the formal ways to involve employees and that the staff would endeavor informally to maintain employees' interest.

Council Member Bateman asked if the County would help with the Animal Shelter. Mr. Horton replied that the County could help by allowing the Town to change the land use regulation on the northern portion of the site. Then the Town could expand the area in which it can construct buildings, he said. Mr. Horton added that the Town intended to keep this issue before County officials. Council Member Bateman stated that it was important to keep the issue in front of the public too, since citizens care so much about the APS Shelter.

COUNCIL MEMBER KLEINSCHMIDT MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT R-11A. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ESTABLISHING A PROCESS AND SCHEDULE FOR THE CONCEPTUAL DESIGN AND COST ESTIMATION WORK FOR THE TOWN OPERATIONS CENTER ON MILLHOUSE ROAD (2003-01-13/R-11a)

WHEREAS, the Town of Chapel Hill is preparing to develop a new Town Operations Center on its land on Millhouse Road, north of Eubanks Road; and

WHEREAS, the Town needs to seek federal funding for the transportation facility and to finance the costs of the public works and other uses to be located on this site; and

WHEREAS, the Town Council has determined that it needs information on a conceptual site plan and cost estimates by June 2003, and needs to make a final budget decision by August 25, 2003;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the following process and schedule shall guide the work of the consultant team led by Corley Redfoot Zack:

Phase I: 12/16 – 2/14

Assess space needs through 2036
Analyze the site and its surroundings
Conduct interviews with employees on-site
Prepare draft design criteria
Review work from perspective of value engineering.
Make presentation to Council, Design Advisory Committee and general public

Phase II: 2/17 – 4/11

Conduct on-site design workshop, developing concept plans from what was learned in Phase I
Review work from perspective of value engineering
Prepare revised design criteria
Prepare concept plan
Prepare cost estimates of concept plan
Make presentation to and receive comments from the Council, Design Advisory Committee and general public

Phase III: 4/14 – 8/25

Hold public information meetings
Make presentation to and receive comments from Design Advisory Committee, Community Design Committee, Planning and Transportation Boards
Discuss with and receive comments from the Council
Revise final conceptual plan and cost estimate
Make presentations to and receive comments from Council, Design Advisory Committee and Public Forum
Present final plan and cost estimate for Council action 8/25

This the 13^th day of January, 2003.

COUNCIL MEMBER KLEINSCHMIDT MOVED, SECONDED BY MAYOR PRO TEM EVANS, TO ADOPT R-11B. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ESTABLISHING A TOWN OPERATIONS CENTER DESIGN ADVISORY COMMITTEE (2003-01-13/R-11b)

WHEREAS, the Town of Chapel Hill is beginning the conceptual design of a Town Operations Center for the Transportation and Public Works Departments and possibly other uses; and

WHEREAS, the Council of the Town of Chapel Hill recognizes the need to include representatives of the public and of advisory boards in the design process; and

WHEREAS, the Council recognizes the need to include opportunities for input from the Council in its role as Client and Owner during the design process;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Operations Center Design Advisory Committee is hereby established with the following charge:

To seek a design that demonstrates the best techniques of sustainable development, environmental sensitivity and fiscal prudence

To understand the space needs of the Town and the constraints and opportunities of the site
To represent various points of view as they relate to proposed designs for the

Town Operations Center

To understand the reasons behind the conceptual design decisions as they are made and be ready to share that understanding with the community before a bond referendum, should the Council decide to hold a referendum in November

BE IT FURTHER RESOLVED that the membership of said committee shall include:

Council members 3 or more

Neighbors of the site 3

Other Chapel Hill residents 3

Transportation Partners 2

Energy, Environment and

Sustainability Committee* 1

Community Design Commission 1

Transportation Board 1

Planning Board 1

* After the Committee is established

BE IT FURTHER RESOLVED that the Manager is authorized to advertise for applicants for membership in this group so that the Council may make appointments at its January 27 meeting and, if necessary, its February 10 meeting.

This the 13^th day of January, 2003.

Item 11—Consideration of Resolution Finding Time Warner

Cable Basic Service Tier Rates Consistent with Federal Regulations

Mr. Horton stated that the Town had determined that Time Warner had complied with relevant Federal Communications Commission (FCC) laws.

Dr. Harvey Krasny complained about Time Warner's no shows on scheduled service calls. He said that representatives inadvertently give incorrect information when discussing their product, and he objected to the bundling of offerings which require people to purchase unwanted channels as part of a package. Dr. Krasny said that he believed that Time Warner would address these issues as they said they would but wanted to urge the Town to make sure of that. Increasing prices might eliminate senior citizens and users who live on low and fixed incomes, he said. Dr. Krasny also asked the Town to be receptive to competition, which is the only assurance in the deregulating market, he said.

Council Member Strom asked Mr. Horton how the Town could address Dr. Krasny's concerns about orienting some of the offering more toward the citizens of Chapel Hill. Mr. Horton pointed out that a representative from Time Warner Cable was present, but offered to get those answers in writing and bring them back to the Council.

MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER KLEINSCHMIDT, TO ADOPT R-12. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

COUNCIL MEMBER STROM MOVED, SECONDED BY MAYOR PRO TEM EVANS, TO REFER CITIZEN COMMENTS TO THE MANAGER, THAT THE MANAGER SEND A LETTER TO TIME WARNER ANSWERING THOSE POINTS, SPECIFICALLY DR. KRASNY'S CONCERNS ABOUT ORIENTING PROGRAMMING TO CHAPEL HILL CITIZENS, AS AMENDED BY COUNCIL MEMBER WIGGINS TO ASK TIME WARNER TO COMMENT ON PROVIDING CABLE WITHOUT BOXES AND THE "PICTURE IN A BOX" AS PART OF THEIR SERVICE, AND COUNCIL MEMBER HARRISON THAT THE MANAGER REPEAT THE REQUEST TO ALLOW DURHAM CUSTOMERS TO VIEW LIVE BROADCASTS OF CHAPEL HILL COUNCIL MEETINGS. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ACCEPTING THE CABLE CONSULTANT’S REPORT AND FINDING TIME WARNER CABLE’S PROPOSED 2003 BASIC SERVICE TIER RATES TO BE ACCURATELY CALCULATED ACCORDING TO FCC RULES AND REGULATIONS (2003-01-13/R-12)

WHEREAS, Time Warner Cable submitted Federal Communications Commission (FCC) Form 1240 Updating Maximum Permitted Rates for Regulated Cable Services; and

WHEREAS, Time Warner submitted FCC Form 1205, Determining Regulated Equipment and Installation Costs; and

WHEREAS, the Town of Chapel Hill is certified with the FCC to regulate Basic Service Tier rates provided by Time Warner Cable in franchise NC-0234; and

WHEREAS, the Town’s cablevision consultants have reviewed the rates and have determined that they are accurately calculated according to the rules of the FCC;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council accepts the cable consultant’s report and finds Time Warner Cable’s proposed 2003 Basic Service Tier rates to be accurately calculated according to FCC rules and regulations.

This the 13^th day of January, 2003.

Item 12—Appointments

12a. Horace Williams Citizens Committee.

No majority votes; no appointment made.

Council Members

Horace Williams Citizens Committee

Foy

Bateman

Evans

Harrison

Kleinschmidt

Strom

Verkerk

Ward

Wiggins

TOTAL

Applicants with Special Expertise

Henry Branson, III

Barbara Driscoll

Paul Jansen

Randy Kabrick

Stephen Manton

Mayor Foy pointed out that the Council had cast three votes for each of three people and recommended that they vote again on January 27, 2003. The Council also agreed to determine on January 17^th at the Planning Session which Council members would serve on the Committee.

Council Member Bateman noted that the Hargraves Center project was a month behind schedule. She reiterated her request that the Town stress in strong language that this project is a priority that must be done on time. Mr. Horton explained that the extension was the result of being asked to do extra work. The project was only about two weeks off schedule, he said, adding that this was good for this type of project. Mr. Horton agreed to press them to finish on time.

12b. Street Fair Review Committee. The Council appointed Julie Jennings.

Council Members

Street Fair Review Committee

Foy

Bateman

Evans

Harrison

Kleinschmidt

Strom

Verkerk

Ward

Wiggins

TOTAL

Applicants for Downtown Merchant Representatives

H.J. Mickey Ewell

Julie Jennings

Christy Moore

Greg Owens

Item 13—Petitions: None

Announcements.

Mr. Horton discussed the Martin Luther King, Jr. (MLK) Day observance at the Public Works Department and its conflict with the Council's Planning Session. He stressed that it would mean a lot to employees if Council members could adjust their schedule and attend.

Council Member Wiggins suggested that someone from the Council say something about the Council's appreciation for what the Public Works Department had done during the ice storm. Council members agreed to take a break from the Planning Session to attend the MLK observance at Public Works. Mr. Horton offered to arrange the schedule and the transportation, and pointed out that doing this probably would lengthen the Planning Session.

The meeting adjourned at 10:57 p.m.