CHAPEL HILL TOWN COUNCIL AGENDA

SUMMARY MINUTES OF A BUSINESS MEETING

OF THE CHAPEL HILL TOWN COUNCIL

MONDAY, AUGUST 25, 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, Bill Strom, Dorothy Verkerk, Jim Ward, and Edith Wiggins.

Council Member Mark Kleinschmidt was absent, excused.

Staff members present were Town Manager Cal Horton, Assistant Town Manager Sonna Loewenthal, Town Attorney Ralph Karpinos, Planning Director Roger Waldon, Finance Director Jim Baker, Principal Planner Gene Poveromo, Traffic Engineer Kumar Neppalli, Engineering Director George Small, Library Director Kathy Thompson, Senior Planner Kay Pearlstein and Town Clerk Joyce Smith.

Item 1 - Ceremonies

Recognition of Advisory Board Members Whose Terms Expired During the Preceding Year

Mayor Foy thanked the 34 people who had retired from Town boards and commissions over the past year. He pointed out that the members of Town boards and commissions do much of the groundwork and scrutinize proposals that come before the Town Council. Mayor Foy encouraged citizens to contact the Town Clerk's Office or visit the Town’s website and volunteer. He presented certificates and a small gift to those retirees who were present:

Lee Culpepper, Board of Adjustment

Terry Eason, Community Design Commission

Joe Herzenberg, Greenways Commission

Kimberly Kyser, Historic District Commission

Arthelia Hampton, Transportation Board

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.

3a(1). Ann Schenck, WoodGlen Homeowners Association, requesting parking restrictions in the 100 Block of East Longview Street.

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

3a(2). Northwoods Homeowners Association, regarding Traffic Calming Measures for Northwoods V.

Holli Clem, Chair of the Northwoods Neighborhood Association, described a speeding problem on Palafox Drive that she said had existed since the road to the Parkside development was opened. Ms. Clem said that she and her neighbors had tried to fix the matter themselves but that none of their solutions had lasted. People also speed on Weaver Dairy Road near the Rowe Road intersection, she said, explaining that this is part of the Northwoods neighborhood as well. Ms. Clem asked the Council to help Northwoods enforce this safety issue. Speed humps do not seem inconvenient when one compares them to the tragedy that Northwoods is trying to avoid, she said. Ms. Clem requested traffic-calming devices on Palafox Drive and at the intersection of Weaver Dairy and Rowe Roads.

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

3a(3). Chip Chesson of Trinity Builders, Inc., regarding Request for Expedited Review of Erwin Road Subdivision.

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

3a(4). Matthew Brody, regarding Request for Ordinance for Local Landmark Designation.

Mr. Brody explained that the State grants these ordinances and that some cities choose to enact them. He petitioned the Council to have the historic homes on Franklin Street tied into Chapel Hill's identity in the way that tobacco warehouses are tied into Durham's.

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

3a(5). Chapel Hill Herald, regarding Request to Use Town Hall Council Chamber for Electoral Forums.

Due to time constraints, said Mayor Foy, the Chapel Hill Herald was asking the Council to take action this evening.

Council Member Bateman suggested that the Council look at its policies regarding Chamber use in general, since the room is unused much of the time. She suggested sharing and/or renting it.

Mayor Foy agreed, adding that the Council could start with this resolution.

MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT R-1. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION TO ALLOW USE OF THE CHAPEL HILL TOWN COUNCIL CHAMBERS FOR LOCAL ELECTION CANDIDATE FORUMS (2003-08-25/R-1)

WHEREAS, the current policies for use of the Chapel Hill Town Council Chambers limit its use by non-Town groups to “non-profit community organizations”; and

WHEREAS, the Council finds that the use of the Council Chambers for local election candidate forums this fall sponsored by a group that is not a “non-profit community organization” will be of benefit to the community by allowing further opportunity for the citizenry to acquire information regarding the issues and candidates;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the use of the Chapel Hill Town Council Chambers for local election candidate forums sponsored by any community organization, subject to all of the other terms and restrictions contained in the Policies attached to the Town Manager’s memorandum to the Town Council of August 25, 2003.

BE IT FURTHER RESOLVED that this policy is for purposes of allowing such forums for the General Election in November, 2003, only, and that any further use of the Council Chambers for privately sponsored election forums shall require further Council consideration and approval.

This the 25^th day of August, 2003.

COUNCIL MEMBER BATEMAN MOVED, SECONDED BY MAYOR PRO TEM EVANS, TO REFER THE CURRENT POLICY TO THE STAFF FOR COMMENT TO COME BACK WITH POSSIBLE REVISIONS, AS AMENDED BY COUNCIL MEMBER HARRISON TO INCLUDE WHAT OTHER COMMUNITIES, SUCH AS CARY, RALEIGH AND DURHAM ARE DOING. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Mayor Foy explained that Council Member Kleinschmidt, an attorney, was unable to attend tonight's meeting because a case required his appearance.

3a(6). Familias del Pueblo Road Race 2003, regarding Request for Funding.

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

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

Will Raymond submitted written questions regarding the ethical and technical operation of the SafeLight (red light cameras) program. These addressed issues of privacy, cost, and financial liability. Mr. Raymond said that it would be important for Chapel Hill's citizens to have answers before the red light program begins in Town. He asked Council members to begin research immediately and to publish answers on the "SafeLight" website before the program begins.

Mayor Foy confirmed that Mr. Raymond had also emailed his petition to Council members.

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

3c. Announcements by Council Members.

Council Member Harrison announced the opening of a painting and sculpture exhibit on Friday, August 29, 2003, from 5:30 p.m. to 7:00 p.m. at the Town Hall.

Item 4 - Consent Agenda

Council Member Strom commented that items 4d, 4g, 4h and 4i had all financially benefited the Town.

With regard to 4d, Installment Contract for Refinancing 1994 Parking Certificates of Participation, Council Member Verkerk congratulated Finance Director Jim Baker for saving the Town more than $90,000 each year through clever refinancing.

Council Member Strom added that the Town would save between $1.9 million and $2 million over the life of the debt, noting that this was a significant amount on the local tax rate. The Town had also received a series of public safety grants, he said, which total more that $120,000.

MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT R-2. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES (2003-08-23/R-2)

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 of May 28, June 9, 16, 23 and 25, 2003.
b.	Nominations to Various Boards and Commissions (R-3).
c.	Request for Expedited Processing of a Special Use Permit Application for UNC Print Services (R-4).
d.	Bid Award for Installment Contract for Refinancing 1994 Parking Certificates of Participation (R-5).
e.	Fire Protection Mutual Aid Agreement with the North Chatham Volunteer Fire Department (R-6).
f.	Resolution Amending Rental Licensing Program to Exempt Non-Profit Organizations that Offer Low-Income Subsidized Housing from the Rental License Fee (R-7).
g.	Acceptance of Grant from the Governor’s Crime Commission (R-8, O-1).
h.	Acceptance of Grant from the Bureau of Justice Assistance for Bulletproof Vests (R-9, O-2).
i.	Acceptance of Grant from the Orange-Chatham Justice Partnership Grant for Project Turn Around (R-10, O-3).
j.	Consideration of Voluntary Annexation Petition for Avalon Park (R-11).
k.	Proposed 2002-03 Public Housing Assessment System (PHAS) Management Operations Certification (R-12).
l.	Resolution Authorizing a Municipal Agreement between the Town and NC Department of Transportation for Biennial Bridge Inspection (R-13).
m.	Authorization to Contract for Preparation of the 2003 Chapel Hill Mobility Report Card (R-14).

This the 25^th day of August, 2003.

A RESOLUTION NOMINATING APPLICANTS TO VARIOUS ADVISORY BOARDS AND COMMISSIONS (2003-08-25/R-3)

WHEREAS, the applications for service on an advisory board or commission or other committees listed below have been received; and

WHEREAS, the applicants have been determined by the Town Clerk to be eligible to serve;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the following names are placed in nomination to serve on an advisory board or commission:

Bicycle and Pedestrian Advisory Board

Oliver Medzihradsky

Chapel Hill Public Arts Commission

Jonathan Walker

Kirsten Wright

Community Design Commission

Brandon Perkins

John Runkle

Jonathan Walker

Historic District Commission

John Runkle

Shawn Thompson

This the 25^th day of August, 2003.

A RESOLUTION DIRECTING EXPEDITED PROCESSING IN THE REVIEW OF A SPECIAL USE PERMIT APPLICATION FOR UNC PRINT SERVICES (2003-08-25/R-4)

WHEREAS, the Town Council has received a petition from the University of North Carolina at Chapel Hill for expedited processing of a Special Use Permit application seeking approval of development of the Print Services Facility on Estes Drive; and

WHEREAS, the Town Council finds that there is a public interest associated with development of a University proposal;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is directed to expedite processing of the Special Use Permit application for UNC Print Services in a manner that will speed review without sacrificing breadth or depth of analysis.

This the 25^th day of August, 2003.

A RESOLUTION PROVIDING FINAL APPROVAL OF FINANCING TERMS AND DOCUMENTS FOR PARKING FACILITIES REFINANCING (2003-08-25/R-5)

WHEREAS: The Town Council has previously determined to carry out a plan to refinance the Town’s payment obligations under a 1994 installment financing. The 1994 transaction provided for the refinancing of the Town’s James C. Wallace Parking Deck, and other Town parking facilities. The Town has solicited competitive proposals from banks to provide the desired refinancing, and Bank of America, N.A. (“Bank of America”), has submitted the best proposal.

BE IT THEREFORE RESOLVED by the Town Council of the Town of Chapel Hill, North Carolina, as follows:

1. Determination To Proceed with Refinancing -- The Council confirms its decision to carry out the refinancing plan. The Town will carry out the plan with financing from Bank of America, in accordance with a financing proposal dated July 25, 2003. Under the financing plan, Bank of America will advance funds sufficient to pay off the 1994 installment financing. The Town will repay the amount advanced, with interest, over time. The Town will grant to Bank of America a mortgage-type interest in the Wallace parking deck to secure the Town’s repayment obligation.

2. Direction To Execute Documents -- The Council authorizes and directs the Town Manager to act on the Town’s behalf and execute and deliver all appropriate documents (the “Documents”) for the proposed financing. The Manager’s execution and delivery of any Document will be conclusive evidence of his approval of the form of such Document. The Documents in final form, however, must be consistent with the financing plan described in this resolution and must provide (a) for the amount financed by the Town not to exceed $6,850,000, (b) for an annual interest rate not to exceed 3.70% (in the absence of a change in credit or tax status), and (c) for a financing term not to extend beyond December 1, 2023.

3. Authorization to Finance Officer To Complete Closing – The Council authorizes and directs the Finance Director to hold executed copies of all financing documents authorized or permitted by this resolution in escrow on the Town's behalf until the conditions for their delivery have been completed to such officer's satisfaction, and thereupon to release the executed copies of such documents for delivery to the appropriate persons or organizations. Without limiting the generality of the foregoing, the Council specifically authorizes the Finance Director (a) to enter into such agreements or take such other actions as such officer may deem appropriate in providing for the refinancing contemplated by this resolution (such as giving notice of redemption and executing an escrow agreement with an escrow agent), and (b) to approve changes to any Documents, agreements or certifications previously signed by Town officers or employees, provided that such changes do not conflict with this resolution or substantially alter the intent from that expressed in the form originally signed. The Finance Director’s authorization of the release of any such document for delivery will constitute conclusive evidence of his approval of any such changes.

4. Resolutions As To Tax Matters -- The Town will not take or omit to take any action the taking or omission of which will cause its obligations to pay principal and interest (the “Obligations”) to be "arbitrage bonds," within the meaning of Section 148 of the “Code” (as defined below), or “private activity bonds” within the meaning of Code Section 141, or otherwise cause interest components of the installment payments to be includable in gross income for federal income tax purposes. Without limiting the generality of the foregoing, the Town will comply with any Code provision that may require the Town at any time to pay to the United States any part of the earnings derived from the investment of the financing proceeds. In this resolution, “Code” means the United States Internal Revenue Code of 1986, as amended, and includes applicable Treasury regulations.

5. Obligations are “Bank-Qualified” - The Town designates such of its payment Obligations for which it may be necessary as "qualified tax-exempt obligations" for the purpose of Code Section 265(b)(3). Some of the obligations to be refunded have previously been so designated. The Town intends to designate now only the marginal principal amount of refunding Obligations above the outstanding principal amount of previously-designated financing obligations that are now to be refinanced.

6. Call for Redemption of 1994 Certificates – The Council authorizes and directs the Finance Director to make, on the Town’s behalf, an irrevocable call for redemption of such of the Parking Facilities Refunding Certificates of Participation, Series 1994, as the Finance Director deems beneficial to the Town. The Finance Director will make this call for redemption by the execution and delivery of an appropriate certificate in connection with the original delivery of the Documents.

7. Miscellaneous Provisions -- All Town officers and employees are authorized and directed to take all such further action as they may consider necessary or desirable in furtherance of the purposes of this resolution. All such prior actions of Town officers and employees are ratified, approved and confirmed. All other Council proceedings, or parts thereof, in conflict with this resolution are repealed, to the extent of the conflict. This resolution takes effect immediately.

This the 25^th day of August, 2003.

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AUTOMATIC MUTUAL AID AGREEMENT BETWEEN CHAPEL HILL AND NORTH CHATHAM VOLUNTEER FIRE DEPARTMENTS (2003-08-25/R-6)

WHEREAS, the Town of Chapel Hill recognizes the need to plan and prepare response capabilities for major emergencies and special hazards; and

WHEREAS, the Town of Chapel Hill currently has an existing mutual aid agreement that includes the North Chatham Volunteer Fire Department; and

WHEREAS, the Town of Chapel Hill Fire Department and the North Chatham Volunteer Fire Department find it beneficial to upgrade their mutual aid agreement to an automatic aid status; and

WHEREAS, the Town of Chapel Hill supports the concept of regional response planning and mutual aid between public safety agencies to enhance resources, capabilities, expertise and support functions in fires, disasters and threats to the community;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is authorized to execute an Automatic Aid Agreement between the Chapel Hill and North Chatham Volunteer Fire Departments with the terms and conditions substantially as stated in the agreement document presented at the Council’s meeting of August 25, 2003.

This the 25^th day of August, 2003.

A RESOLUTION AMENDING THE GUIDELINES OF THE RENTAL LICENSING PROGRAM (2003-08-25/R-7)

WHEREAS, on April 8, 2002 the Town Council of the Town of Chapel Hill adopted guidelines for a rental licensing program and revised Chapter 9 of the Code of Ordinances to establish a program for the licensing of residential rental properties; and

WHEREAS, the rental licensing program currently applies to all rental properties in Town; and

WHEREAS, non-profit operators of government subsidized affordable housing have requested exemption from paying the rental licensing fee;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council exempts non-profit organizations that offer low-income government subsidized rental housing from the rental license fee.

BE IT FURTHER RESOLVED that the agencies will be required to maintain an active rental license and conform with all applicable ordinances.

BE IT FURTHER RESOLVED that to qualify for the fee exemption, agencies will be required to document that they are non-profit and offer low-income, government subsidized, rental housing in Chapel Hill.

This the 25^th day of August, 2003.

A RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE GOVERNOR’S CRIME COMMISSION GRANT (2003-08-25/R-8)

WHEREAS, the Governor’s Crime Commission has made funds available to enhance the department’s abilities to investigate computer crime (including identity theft, financial fraud, and child pornography) and process digital evidence; and

WHEREAS, the Town’s application in the amount of $72,112.50 for two years was approved by the Governor’s Crime Commission; and

WHEREAS, the Police Department will provide the matching funds; and

WHEREAS, grant funds would be used for training, computer software, equipment, and supplies;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to accept the grant from the Governor’s Crime Commission and to make all necessary assurances.

This the 25^th day of August, 2003.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2003 (2003-08-25/O-1)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled “An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 2003” as duly adopted on June 9, 2003, be and the same is hereby amended as follows:

ARTICLE I

Current Revised

APPROPRIATIONS Budget Increase Decrease Budget

GENERAL FUND

Police 9,650,604 38,063 9,688,667

ARTICLE II

REVENUES

GENERAL FUND

Grants 473,335 38,063 511,398

This the 25^th day of August, 2003.

A RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE DEPARTMENT OF JUSTICE ASSISTANCE BULLETPROOF VEST PROGRAM (2003-08-25/R-9)

WHEREAS, Bureau of Justice Assistance has made funds available to enhance the quality of law enforcement services provided to local communities; and

WHEREAS, the Town’s application in the amount of $16,282 was approved by the Bureau of Justice Assistance; and

WHEREAS, these grant funds would be used to assist in procuring bulletproof vests for law enforcement officers;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to accept the aforementioned grant and to make all necessary assurances.

This the 25^th day of August 2003.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2003 (2003-08-25/O-2)

ARTICLE I

Current Revised

APPROPRIATIONS Budget Increase Decrease Budget

GENERAL FUND

Police 9,650,604 16,282 9,666,886

ARTICLE II

Current Revised

REVENUES Budget Increase Decrease Budget

GENERAL FUND

Grants 473,335 16,282 489,617

This the 25^th day of August, 2003.

A RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE ORANGE CHATHAM JUSTICE PARTNERSHIP GRANT (2003-08-25/R-10)

WHEREAS, Orange-Chatham Justice Partnership has made funds available to enhance the quality of law enforcement services provided to local communities; and

WHEREAS, the Town’s applications in the amount of $44,503 was approved by the Orange-Chatham Justice Partnership; and

WHEREAS, these grant funds would be used to provide comprehensive counseling services for juvenile and adult offenders;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to accept the aforementioned grant and to make all necessary assurances.

This the 25^th day of August, 2003.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2003 (2003-08-25/O-3)

ARTICLE I

Current Revised

APPROPRIATIONS Budget Increase Decrease Budget

GENERAL FUND

Police 9,666,886 44,503 9,711,389

ARTICLE II

Current Revised

REVENUES Budget Increase Decrease Budget

GENERAL FUND

Grants 489,617 44,503 534,120

This the 25^th day of August, 2003.

A RESOLUTION CALLING A PUBLIC HEARING ON A PETITION TO ANNEX LANDS PURSUANT TO G.S. 160A-31 (2003-08-25/R-11)

WHEREAS, a petition requesting annexation of the area described herein has been received; and

WHEREAS, the sufficiency of the petition has been investigated; and

WHEREAS, certification by the Town Clerk as to the sufficiency of the petition has been made;

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

Section 1. A public hearing on the question of annexation of the contiguous area described herein be held at The Town Hall 306 South Columbia Street, Chapel Hill at 7:00 p.m. on Monday, October 20, 2003.

Section 2. The area proposed for annexation is described as follows:

4.646 acres of land located west of the intersection of Homestead and High School Roads, being all of Lot 3 as shown on plat survey by Jack R. Thomason, PLS, entitled “Recombination for Lots 1A, 1B, 2,3”, dated 10/05/98 and recorded in Plat Book 83, Page 122, Orange County Registry. Tax Map 7.109..9P

Section 3. That the Town Manager shall cause notice of the public hearing to be published, in a newspaper having general circulation in the municipality, at least 10 days before the date of the public hearing.

This the 25^th day of August, 2003.

A RESOLUTION APPROVING A PUBLIC HOUSING ASSESSMENT SYSTEM (PHAS) MANAGEMENT OPERATIONS CERTIFICATION (2003-08-25/R-12)

WHEREAS, the U.S. Department of Housing and Urban Development requires the submission of a Public Housing Assessment System (PHAS) Management Operations Certification; and

WHEREAS, the Department of Housing and Urban Development requires that the Council of the Town of Chapel Hill approve a Certification for fiscal year ending June 30, 2003;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves the Public Housing Assessment System (PHAS) Management Operations Certification, as submitted to the Council on August 25, 2003.

This the 25^th day of August, 2003.

A RESOLUTION AUTHORIZING THE MANAGER TO EXECUTE A MUNICIPAL AGREEMENT WITH THE NORTH CAROLINA DEPARTMENT OF TRANSPOR-TATION FOR BRIDGE INSPECTIONS (2003-08-25/R-13)

WHEREAS, the Town of Chapel Hill has requested the Department of Transportation to perform certain work under the Federal Aid Highway Bridge Replacement and Rehabilitation Program, said work to consist of the re-inspection and analysis of all public bridges on the Municipal Street System in the Town of Chapel Hill; and

WHEREAS, the Town of Chapel Hill proposes to enter into an agreement with North Carolina Department of Transportation for said work wherein the Department of Transportation will re-inspect and prepare the necessary reports for all public bridges on the Municipal Street System in accordance with National Bridge Inspection Standards; and

WHEREAS, under the proposed agreement the Federal Highway Administration shall reimburse the Department of Transportation for eighty (80%) percent of the cost of the work subject to compliance with all applicable federal policy and procedural rules and regulations; and

WHEREAS, under the proposed agreement the Town of Chapel Hill shall reimburse the Department of Transportation for all costs of the work incurred by the Department of Transportation not paid by the Federal Highway Administration;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to execute a Municipal Agreement between the Town of Chapel Hill and the North Carolina Department of Transportation for bridge inspections as described herein.

This the 25^th day of August, 2003.

A RESOLUTION AUTHORIZING A CONTRACT FOR PREPARING THE 2003 CHAPEL HILL MOBILITY REPORT CARD (2003-08-25/R-14)

WHEREAS, the Town of Chapel Hill prepared a 2001 Mobility Report Card; and

WHEREAS, the Durham-Chapel Hill-Carrboro Metropolitan Planning Organization has identified the Mobility Report Card as part of the Region’s congestion management plan; and

WHEREAS, the Chapel Hill Town Council wishes to update the 2001 Chapel Hill Mobility Report Card;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to contract with LSA Associates, Inc. for services to prepare the 2003 Mobility Report Card.

This the 25^th day of August, 2003.

Item 5 - Information Items

Council Member Strom pulled 5f, Report on Advisory Boards’ Processes for Citizen Comments and Applicant Interviews, and suggested deferring that to the Council's next regular business meeting. Several citizens and Council Member Kleinschmidt had expressed interest in comment on it, he said.

Council Member Bateman removed 5c, Orange Community Housing and Land Trust Quarterly Report.

Mayor Foy recommended pulling 5i, Response to June 23 Petition from Chair of Horace Williams Citizens Committee, for discussion, but agreed that it was not practical to discuss these items tonight.

Council members agreed by consensus to consider items 5c and 5f at the September 8 meeting.

Item 6 - University of North Carolina at Chapel Hill:

Application to Modify Development Plan

Mayor Foy explained that the Council had approved a portion of the University’s Development Plan modification request on June 25^th and recessed the hearing until tonight to address the Cobb Deck/chiller plant and the Jackson Circle Deck. A Town-University Committee had met several times over the summer to discuss unresolved issues, he said. Mayor Foy stated that the University had appointed its Board Chair Richard Williams, Trustee Roger Perry, and Vice Chancellor for Finance and Administration Nancy Suttenfield to the Committee and that he and Council Members Wiggins and Strom had represented the Town.

Mayor Foy reported that the Committee had met four times during the summer and had also gone to UNC-Greensboro to look at a 10 year-old facility there that is similar to the proposed parking deck/chiller plant. As a result of Committee meetings, he explained, the University had agreed to the following modifications with regard to the Cobb Parking Deck/chiller plant:

· reduce parking spaces in the Cobb Deck from 641 to 500 (462 plus 38 surface spaces) in an area where there currently are 371 surface parking spaces.

· construct an improved two-way drive from Raleigh Street from 6:00 a.m. to 6:00 p.m. Monday through Friday.

· to control use of the driveway connecting to South Road and running between the western wall of the cemetery and Connor Dormitory. (This would be one-way in the morning and one-way out in the evening.)

· shift the Cobb Deck/Chiller plant north by ten feet to increase its distance from the Old Chapel Hill Cemetery.

· shift the road north, away from the cemetery, and to allow no parking on that road.

· create at least a 25-foot landscaped buffer immediately adjacent to the cemetery wall.

· reduce the height of the chiller plant by 10 feet and to shorten the overall length of the deck/chiller by eliminating one segment of parking.

· commit to overall design and façade treatments for the deck/chiller as shown on architectural drawings.

· meet all requirements of the Town's noise ordinance, which requires additional noise abatements.

· design a pedestrian system and access points to and through the proposed deck in a manner that minimizes pedestrian traffic through the cemetery, and to repair and reconstruct the northern and western cemetery walls.

· establish a standard procedure to provide parking for people attending funeral services and for those making gravesite visits. And to establish a procedure to cease construction noise for a period of one hour before and after any service at the cemetery.

· install traffic improvements along Country Club Road, if the Council deems that desirable, in keeping with the character of the neighborhood. These improvements include pedestrian crosswalks, sidewalks and signals.

With regard to the proposed 800-space Jackson Circle Deck, Mayor Foy noted that there had been no change since the June 25^th meeting. This deck would create 650 more spaces in an area that currently has 150, he said.

Mayor Foy added that the University was prepared to move forward on the South Columbia Street project in the configuration that had previously been selected by the Town in 1998 and modified in 2002. The University had also agreed to work with the Town to pursue funding for this project from the NC Department of Transportation (NCDOT), he said. Mayor Foy pointed out that the South Columbia Street issue had been a "sticking point" between the University and Town for the past five years.

Mayor Foy explained that the University wanted their revised request to be considered as a single package and would not agree to have portions of it considered separately. He said that the Council was meeting tonight to hear further information from citizens and other interested parties before taking action.

Planning Director Roger Waldon pointed out that the Town's Land Use Management Ordinance (LUMO) specifies that action shall be taken on a request for a Development Plan modification within 90 days of the time it is received, but the University had agreed to extend that 90-day period until tonight. He stated that the staff had developed a resolution that approves the Cobb Deck/chiller plant and the Jackson Circle Deck, with a series of conditions reflecting items that had been discussed over the summer.

University Trustee Roger Perry thanked the Town-University Committee members for the positive and progressive series of meetings. He said that the Board had a serious responsibility to serve the people of North Carolina, and pointed out that the University had a State mandate to grow. Mr. Perry added that the University had no alternative but to honor that mandate, but they have a responsibility to manage the growth, and to mitigate any impacts from growth upon the citizens of Chapel Hill. He stated that this is a difficult challenge. Mr. Perry commented that many people see these objectives as mutually exclusive, but he does not accept that attitude, and stressed that the Committee had not worked in the spirit of accepting it.

Mr. Perry stated that the University had worked very hard over the past few weeks to further modify their proposal and were presenting a request that was vastly improved over the one they had brought forward in June. He did not think the proposal before the Council tonight had any negative impacts on the Town, he said, adding that it would in many ways improve quality of life. Mr. Perry asked Council members to deliberate carefully and to support the University’s modification proposal. He noted that this negotiation would have an impact on how the Town and University proceed in the future on more important, larger issues.

UNC Vice Chancellor Nancy Suttenfield praised the process thus far and thanked Town and University staff for the "tremendous effort" that they had put into finding solutions. She discussed the University’s transportation strategy and stated that the University was "fully committed" to the transportation strategy that the Town had adopted in 2001. Ms. Suttenfield said the University had aggressively promoted alternative transportation to campus and had had dramatic success. She described the University’s transportation policy as complex, noting that it seeks to offer a balance of transit and parking options that work financially, meet employees' needs, and serve State residents who come for medical care and other programs.

Ms. Suttenfield presented an overview of why the Cobb Deck/chiller plant and the Jackson Circle Deck were critical to the University's future. She stressed an "immediate" need for chilled water and a need for more parking in the hospital area. Ms. Suttenfield emphasized that the proposed revisions would not change the number of additional parking spaces (1,550) that had been approved in the Development Plan. She quoted from a North Carolina Department of Cultural Resources letter, which stated that the chiller plant would not adversely affect any of the nationally registered properties in the area. Ms. Suttenfield noted that the University was willing to approach the NCDOT with the Town and support the modified widening program for South Columbia Street, if the modification request were approved.

Ms. Suttenfield stated that the University had proposed the changes and mitigations that accompany them in the spirit of balancing the University’s needs with community concerns. They were in agreement with all of the stipulations in Resolution A, she said. Ms. Suttenfield pointed out that the University had submitted evidence that the proposed modifications would maintain the public health, safety and general welfare, and adjacent property values.

UNC Director of Facilities Planning Anna Wu presented a graphic representation of proposed changes in the Cobb tower elevation.

Council Member Bateman verified that the distance from the ground to the top of the cooling tower would be 69 feet and the distance from the ground to the top of the parking deck would be 59 feet.

Council Member Verkerk asked for a comparison of the tower height to that of the Paul Green Theater. Ms. Wu agreed to provide that information later in the meeting.

Ms. Wu said that the building design would be aesthetically compatible with adjacent residence halls, noting that architectural louvers would help mitigate light. She showed artistic renderings of how the buildings would look from different directions. Mayor Foy indicated the side that would be seen from the cemetery.

Council Member Strom asked Ms. Wu to also provide information on the building's width and length.

Ms. Wu pointed out the changes in landscape improvements, increased buffer, the distance from the cemetery, and the traffic pattern near the cemetery. She said that the amount of impervious surface would be reduced and that there would be significant open space improvements. Ms. Wu pointed out that the two-lane access from Raleigh Street would create three accesses to the parking deck. These changes would improve the edge of the cemetery and the open space that all can enjoy, she said.

Associate Vice Chancellor for Campus Services Carolyn Elfland discussed the University's transportation strategy and explained how the two parking decks would enable them to continue implementing it. She outlined their plan to reduce on-campus housing and to increase the use of park and ride, local/regional transit, carpooling and ridesharing. Ms. Elfland explained that deck parking would replace rather than add to surface parking. She stated that 72% of the University's employees had been driving alone to campus at the start of the plan and the goal was to reduce that to 54%. Ms. Elfland noted that 33% of the students drive to campus alone, and explained that the goal was to reduce that to 30%.

Ms. Elfland stated that the University would have had to provide 3,374 more spaces through the Development Plan period if it had intended to meet its historic need. Instead, she pointed out, the original approved Development Plan had proposed building only 229 more spaces for permit holders. Ms. Elfland said that the modification before the Council actually reduced the number of permit holder spaces on campus by 38. She explained that the University would increase its number of on-campus beds by 37% during the Development Plan period. They had already constructed 600 off-campus storage spaces, she said, adding that the University would not construct any on-campus parking for the non-family structures they are building.

Council Member Bateman asked where the 600 spaces were located. Ms. Elfland replied that they were north of Estes Drive and west of the airport.

Ms. Elfland outlined the University's commuter alternatives program, noting that the University had been designated "The Best Workplace for Commuters" by the U.S. Department of Transportation and the Environmental Protection Agency (EPA). She reported that 554 of the 1,879 participants had given up their on-campus parking permits and that the University had received a NCDOT grant to expand the program. The University had constructed 1,306 permanent spaces and had another 500 in design, she said.

Ms. Elfland explained that the eight decks with 6,330 spaces in the original Development Plan had been amended to nine decks with 5,290. The modification request was for nine decks with 5,149 spaces, she said. Ms. Elfland emphasized that the University had lost a total of 627 permanent spaces and 490 temporary spaces so far. She said that other lots would be lost as well, and the only parking facilities of any size north of South Road would be the Venable Deck and the Cobb Deck, if approved. Ms. Elfland remarked that the Cobb Deck had become even more important since the Venable Deck will be only half the size that they had originally projected.

Ms. Elfland stated that a total of 616 spaces would be lost in the Health Affairs area, so the net increase resulting from the Jackson Circle Deck would be only 184. She explained that these spaces would not fully compensate for those being lost on Manning Drive due to the construction of the student apartments. Ms. Elfland asked the Council to accept the revised deck plan, which deletes the Manning Parking Deck, and she outlined several ways in which it would not meet the University's needs. She asked Council members to substitute the Jackson Circle and Cobb Decks and to allow construction of the Cobb chiller plant along with the Cobb Deck. Ms. Elfland said that decks replacing existing surface lot permit parking spaces needed to be located near those losses and the Jackson Circle and Cobb Decks meet that need.

UNC Transportation Planner George Alexiou discussed traffic issues associated with the Cobb Deck. He outlined measures that had been incorporated into the plan as a result of Town-University Committee discussions. Mr. Alexiou noted that the original proposal in June had two traffic mitigation strategies for Country Club Road: extending user restrictions until later in the evening, and having two access points including a one-lane road. Since then, Mr. Alexiou said, discussions had led to a reversible rather than one-way lane for the South Road access and an additional access point to Raleigh Street. He said that the revised plan probably would reduce traffic on Country Club Road.

Council Member Harrison asked why the traffic percentages differed in the morning and evening. Mr. Alexiou replied that it was a result of where people come from. A right in/right turn from South Road would lead to those coming from the east in the morning not exiting that way at night because they would not be able to turn left to go east at night, he said. Mr. Alexiou explained that there would be 16% growth on campus over the next seven years or so. Without the Cobb Deck the increase in traffic on Country Club Road would be about 2.6%, he said, and with the deck and modifications, traffic would increase about 1%.

Council Member Ward wondered about limiting those who enter Paul Greene Theater Drive off Country Club Road in order to tailor the amount of traffic searching for that entrance. He asked if the University might be able to achieve that and if they would agree to a stipulation that there be no change in traffic impact on Country Club Road. Ms. Suttenfield replied that the University would commit to no increase in traffic beyond the current condition.

Mayor Foy paraphrased Council Member Ward's request as asking that the status quo remain at that intersection by limiting access with permits or something similar. Ms. Suttenfield replied that the University was willing to commit to taking whatever measures were appropriate to guarantee that there be no increase in traffic, but they are not prepared to commit specific strategies to do that this evening. Council Member Ward replied that the outcome was what mattered and that he was asking for the University to guarantee to address concerns regarding Country Club Road. Ms. Suttenfield replied that she could "certainly offer that guarantee". Mayor Foy asked Mr. Horton and Town Attorney Ralph Karpinos to develop language for that stipulation.

Council Member Bateman asked how Council Member Ward's request would actually work out. Mayor Foy explained that the University had projected a 1% increase in traffic and had agreed that this deck would have no net impact on Paul Green Theater Drive/Country Club Road. He said the Council did not yet have language on how the Manager and staff would work that out technically. Ms. Elfland stated that the University had actual traffic counts on Paul Green Theater Drive and was agreeing to control access so that there would be no more traffic entering or exiting on that road from Country Club Road than there is today without the deck. Mr. Alexiou pointed out that the traffic amount and the traffic signal were linked. The less traffic the less need for a signal.

Council Member Ward noted that it was not possible to turn left out of Gimghoul Road. A traffic signal there would add to pedestrian safety and create some certainty that people would not have to wait several minutes, he said. Mr. Alexiou displayed drawings showing existing conditions and the proposed improvements on Country Club Road. He indicated how these had been revised over time in response to the Council's and the community's feedback. Mr. Alexiou reviewed the two options that remained after the Town-University Committee meetings.

Council Member Strom inquired about the 2.5% increase in traffic after build-out of the Development Plan. He asked how many trips that represented and how adding four million square feet to a 13½ million square-foot campus could have such a nominal impact on Country Club Road. Mr. Alexiou replied that the 2.5% represented about 400 vehicles per day. There were two reasons why the traffic increase was not great on Country Club Road, he said. First, there would not be a significant increase in parking there because most of the increase would be in the southern part of campus, Mr. Alexiou said, and second, traffic using the Bell Tower lot would not use Country Club Road. He noted that there is a second access from the Bell Tower onto Manning Drive.

Council Member Strom commented that this assumed that the Arts Complex and the new Science Complex would generate very little traffic. Mr. Alexiou replied that only a small number of drivers would find Country Club Road convenient for those.

Mayor pro tem Evans asked Mr. Alexiou to go back to the slide that reflected exactly what was being recommended. Mr. Alexiou replied that his best recommendation was represented on drawing 6a, which includes a traffic signal, a sidewalk on the east side, a slight realignment of Paul Green Theater Drive, and possible raised pedestrian islands.

Mayor pro tem Evans replied that she was trying to get away from possibilities and to learn the exact stipulations. She verified that a sidewalk drawn on the south side of Paul Green Theater Drive was incorrect and should not be there. Mayor pro tem Evans also ascertained that the major change at the intersection was the realignment of Paul Green Theater Drive. She noted that Mr. Alexiou was recommending that Gimghoul Road be left as it was in both of the most current options.

Council Member Verkerk asked Ms. Suttenfield if the University would be willing to form a Town-University task force regarding the Old Chapel Hill Cemetery. She asked if the University would be willing to commit $100,000, if the Town committed $50,000, toward improving plantings, doing an art project, and generally reclaiming the cemetery as a sacred place. Ms. Suttenfield replied that the Town had developed a Master Plan for cemetery improvements several years ago but had not had the resources to carry out any part of that plan. The University had been consistent in saying that it was willing to work with the Town in making improvements to the cemetery, she said, adding that the current proposal was also consistent with that. Ms. Suttenfield remarked that there were many differences within the community over appropriate cemetery enhancements. She agreed that some sort of community-based committee that would advise both the Town and the University would be appropriate.

Mayor Foy asked the Manager and Attorney to develop a stipulation in that regard.

Mayor pro tem Evans asked if the University would help restore the eastern cemetery wall, if needed. Ms. Suttenfield recommended looking at the entire cemetery and its boarders. It was "entirely appropriate" to look at all three walls, she said.

Council Member Harrison asked how many trips per day Country Club Road would carry by the end of the Development Plan. Mr. Alexiou replied that it would be 16,800 vehicles with the Cobb Deck, and 16,600 without it. Council Member Harrison verified that the current count was about 14, 000 and that there was steady traffic on the road.

Mayor pro tem Evans asked if the sidewalk from Gimghoul Road to Battle Park could be put in place along with everything else. Mr. Alexiou replied that since they had dealt with the intersection they could address pedestrian amenities as well. Mayor pro tem Evans asked if the University would be willing to add that as a stipulation. Ms. Elfland replied that they could put the sidewalk in along with the intersection improvement.

Council Member Ward inquired about the pedestrian islands sketched in on 6a. He suggested having correct signals instead so that people can get across without having to stop at an island. Council Member Ward asked if that space could be used to accommodate a bike amenity. "Take it from the cars and give it to the bikes," he said. Mr. Alexiou replied that if they do not create a dual left-turn lane and keep the road at three lanes there would be some excess width for a bicycle lane.

Mayor Foy pointed out that Country Club Road was a Town street and that improvements there would be done in collaboration with the Town. He noted that building a sidewalk from Gimghoul Road to Battle Park could lead to controversy because some people prefer Chapel Hill gravel. Mayor Foy suggested being flexible and not getting into a high level of detail beyond determining whether or not the University is amenable to the idea.

Council Member Bateman said that she was still troubled by the five-story structure being so close to the cemetery. She wondered if the University would be willing to put that structure in the space where it wants to put the tennis courts and green space. This would place the chiller plant near the dormitory as it is at the Greensboro campus, she said. Ms. Suttenfield replied that the University was not willing to redesign the chiller/deck combination beyond what they were proposing tonight.

Ms. Elfland said that she was prepared to make a presentation regarding the chiller plant, if the Council wanted that. Council members agreed by consensus to forego that and to hear from citizens. Mayor Foy noted that 51 people had signed up to speak. He instructed speakers that repetitiveness is not necessarily productive.

Cameron Avenue resident Cam Hill stated that the University had agreed to aggressively pursue solutions to campus and Town traffic problems when the Town approved its Development Plan. Less than two years later, he said, the University wants to change that agreement and scrap a remote deck in favor to two on-campus decks. Mr. Hill argued that this was exactly what the agreement had been trying to avoid. He recommended that all involved slow down and resist making changes that have not been thought out. The Cobb Deck was in the wrong place, Mr. Hill said, adding that moving cars in and out on a 15-foot wide road was "untenable." He described the issue as an emotional one for older, long-term Chapel Hillians, who see the proposed modification as a desecration. Mr. Hill stressed the importance of considering established residents in this transient community. Public opinion was overwhelmingly against these projects, he said, and he asked Council members to vote the way the public asks.

Ransom Street resident Joyce Brown recalled when the University’s Development Plan had been heralded as a new day in the relationship between the Town and University administration, and a new way of dealing with transportation. Using a 2001 Council meeting tape as her source, Ms. Brown quoted then Council Member Foy as saying that traffic impacts would be dealt with in a way that would have the least effect on the Town, with alternatives to automobiles and to widening roads. Ms. Brown quoted Mayor Foy as saying that the Council would note what is not right for the neighborhood when they get to the Development Plan. None of what the Council had before it tonight is right for the any of the neighborhoods, she said.

Ms. Brown urged the Council and the University administrators to stand by their commitment. No neighborhood thinks that these parking decks and chiller plants are right for any neighborhood, she said. From the October 4, 2001 Town Council minutes, Ms. Brown quoted Vice Chancellor Suttenfield saying that the University had proposed a new direction with regard to stormwater management and transportation that would benefit the community. Ms. Brown described the modification application as an "about face" by the University and said that it was putting the Council in an unpleasant situation. Ms. Brown said that Council members who had expressed regrets about their October 2001 vote had the chance now to stand with the neighborhoods and tell the University to stand by its 2001 transportation commitment.

Tom Clegg, a University Buildings and Grounds Committee member, said that he had made the motion to approve the University's plan and to tell the Chancellor that the plan was in the best interest of the University and Town. That motion had passed unanimously, he said, stressing that it was absolutely critical that chilled water be available. Mr. Clegg said it would be unconscionable to spend more than $60 million on two state-of-the-art science buildings and to supply the water they need with emergency chillers. He pointed out that the University must think about accessibility for proximate parking on campus to allow University faculty and staff to do their jobs. As a Greenwood resident, Mr. Clegg said he agrees with his neighbors' support for the Gimghoul neighborhood, but described the University's proposal as the best compromise for the Town, the Gimghoul neighborhood, and the University.

University employee Linwood Futrelle spoke on behalf of those who work "in the trenches." Employees need parking on north campus, he said. They do not need to travel to park and ride lots and have more uncompensated time added to their burden.

Fred Mueller, a University Buildings and Grounds Committee member, described the area behind the Cobb Dormitory as one of the ugliest parts of a beautiful campus. Cars go in every direction, he said, and students go in every direction since none of it is organized. Mr. Mueller described the proposed changes as long overdue. He explained that he loves walking through the cemetery and the Gimghoul neighborhood and would never vote for any project that would destroy those beautiful areas. Mr. Mueller predicted that the Cobb project would be an asset to the campus and would not degrade the neighborhoods in any way.

Melinda Meade, a University Building and Grounds Committee member, expressed enthusiastic support for the plan. She predicted that it would enhance student quality of life, adding that students are citizens of Chapel Hill as well. Ms. Meade pointed out that the plan would remove an acre of pavement, add grass and trees, put in pedestrian walkways, and convert the ugliest part of campus into a backyard for six dormitories. Faculty had been concerned about the effect of noise on students, she said, but had concluded that it would be quieter than the noise that is heard there now. Ms. Meade explained how not having the parking lot would affect her and other faculty members who cannot afford to live in Chapel Hill and must work late into the evening.

Burell Ware, representing the Timberlyne Neighborhood Association, expressed support for the Gimghoul residents, and pointed out that the Town's Comprehensive Plan had anticipated reducing automobile use, not just maintaining it. He described the University's commuter alternatives program as "visionary" and recommended that the University spend its money on education rather than roads and parking decks. With regard to South Columbia Street, Mr. Ware wondered if the Town could rely on the University to stand by its decisions. He asked University representatives not to hold up the safety improvements on South Columbia Street and not to use those as a bargaining chip.

Westwood Drive resident William Barney read a statement from his neighbors, Auras Otivicius and Clara Horne, opposing the "package" of the Cobb Deck/chiller plant and South Columbia Street. In the letter, they argued that the Town would do itself a disservice if it attempted to negotiate in packages rather than addressing critical infrastructure issues on their individual merits. Mr. Octivicius and Ms. Horne stated that such negotiations pit neighborhood against neighborhood and compromise the long-term health of the Town. Speaking on his own behalf, Mr. Barney said that he had been proud to teach at the University for 28 years, but the University had recently failed to live up to its own ideals and had at times come close to abandoning them.

Doris Friend, Director of Employment for UNC Healthcare, reported that recruitment had become a difficult challenge due to local competition and inconvenient and expensive parking. During exit interviews, she said, terminated employees frequently say that better parking is the most needed improvement at UNC Healthcare.

Catherine Frank, Director for the Preservation Society of Chapel Hill, read a statement on behalf of the Society urging the Town Council to require the University to contribute funds for maintenance and preservation if they construct a chiller plant and parking deck on the border of the Old Chapel Hill Cemetery. Ms. Frank reviewed the cemetery's complex history and noted that a 15 year-old landscaping and maintenance plan had been only partially implemented. She said that the Preservation Society had devoted a considerable amount of its 1990s budgets to studying cemetery repair, but that no one group could maintain it. Ms. Frank proposed that the University dedicate a considerable portion of what they say they will save in energy and construction costs by having the chiller/deck and invest it in the improvements and repairs that had been recommended in the 1994 assessment.

David Godschalk, an urban planner and Chair of the University's Buildings and Grounds Committee, noted that approximately 1,200 young people live, work and play in the area adjacent to the proposed deck/chiller plant. He presented slides showing the view of Cobb from the south, east and north and an architectural rendering of how the area would look after construction. Mr. Godschalk described the project as a win-win situation for all and a remarkable consensus building effort by everyone concerned.

Dale Whittington commented that University still could educate students without the Cobb Deck. He asked Mayor Foy to find out if it was true that the University had hired a public relations firm to deal with the 35 Gimghoul households, adding that it would help neighborhood relations if that could be cleared up. Mr. Wittington remarked that not everyone agreed with Mr. Godschalk's assessment of this as a handsome building, adding that it looks more like buildings at Carnegie Mellon. Most first-rate universities are not putting multi-story parking decks in the heart of their beautiful campuses, Mr. Wittington said.

Mr. Wittington expressed sympathy with University employees, but said that the Cobb Deck would not solve their parking problem because it is not they who will get the new spaces. He described the deck as a lose-lose situation and argued that if the Cobb area were to be converted to faculty housing, the University probably would build underground parking and a nice green landscaped area. They would not put the chiller plant there, Mr. Wittington said, adding that the real losers will be the students.

Westwood Drive resident Elaine Barney quoted from Chancellor James Moeser's 2002 State of the University address in which he asked if the University could be great and good at the same time. This suggested a university with a moral compass and a sense of virtue, she said. Ms. Barney remarked, though, that the August 18, 2003 proposal showed that their "moral compass was sadly askew and that hubris had won out over virtue." She said that Town representatives on the Town-University Committee had asked the University to honor its former commitment with regard to South Columbia Street because doing so would go a long way toward improving negotiations. Ms. Barney agreed with a quote in the paper that the University package was like "having your wallet stolen and having to pay to get it back."

Ms. Barney stated that the University could not be trusted and that it was "once again" attempting to pit neighborhoods against each other. She urged Council members to refuse their proposal, or to at least separate the Columbia Street agreement from the rest so that it could stand on its own merits. Ms. Barney asked Council members to vote separately on each item in the proposal and to vote against the Cobb and Jackson Circle Decks since evidence for why they were needed had not been presented. She also opposed the location of the chiller plant, agreeing with Council Member Kleinschmidt’s suggestion that a "less than optimal site" could be found. Ms. Barney expressed opposition to the probable noise, air pollution and traffic congestion, which would be threats to citizens' safety, well being and quality of life.

Oteys Road resident Peg Rees suggested that the University build a smaller version of the Manning Drive Deck rather than the Jackson Circle Deck. A shuttle bus could take people to and from the Health Affairs complex, she said, just as one does now from the hospital to the Ambulatory Care Center (ACC). Ms. Rees stated that Manning Drive would be better able to handle traffic than Mason Farm Road, and the Jackson Circle Deck is not suitable without a new southern entrance. She wondered where the cars would go after the Venable Deck looses half of its planned spaces. Ms. Rees complained that her neighborhood was being destroyed by the Development Plan and she asked Council members to oppose the University.

Dixie Drive resident Andrea Rohrbacher expressed opposition to the University's proposal on the grounds that it does nothing to promote or encourage alternative transportation. The proposal will cause additional traffic and air quality problems, she said. Ms. Rohrbacher concurred with Mr. Ware's and Ms. Barney's comments with respect to Columbia Street improvements. She said that a looming parking deck/chiller plant does not belong next to the historic district and the Old Chapel Hill Cemetery.

Gimghoul resident Jaroslav Folda commented that reducing the number of spaces in the Cobb Deck was a welcome step, but he wished it could be reduced to 400 or even 371, since every additional car will have an impact on the campus and surrounding neighborhoods. Mr. Folda said that he wished the design could be reduced to two stories, with more underground parking, more landscaping and tennis courts, as was presented in the Master Plan. The details of how traffic would be handled had not been fully resolved, he said. Mr. Folda described the chiller plant as a "distressingly very large and inappropriate industrial facility" to be located so close to the historic cemetery.

Mr. Folda asked why no environmental impact study had been done and no subsequent report submitted, and wondered why the University would not inform anyone of other positions where the plant could be located on the pipe loop. He wondered if the chiller could be placed at the Cobb side of the deck, for example, where it would be shielded from the cemetery. Mr. Folda acknowledged that the Town and University had worked productively to achieve some results, but important questions remained to be resolved, he said.

Cheryl Stewart, a nurse manager, said that she commutes 89 miles each way to work from Goldsboro. She told Council members that the University needs factors that promote quality of work life, a positive environment, and safety in order to recruit and retain quality nurses. Ms. Stewart expressed support for the University's Development Plan. Walking 30 minutes to your car at the beginning and end of each day would be drudgery, she said, warning that she passes many other hospitals on her way home from work.

Michael Collins urged the Council not to approve the proposal in its present form, adding that the strong feelings and dissent in the community should be reason enough to rethink it. He pointed out that all would have to live with the consequences once this project gets started and that the Council should take every chance to make sure it is done right. Mr. Collins remarked that citizens do not have a staff to organize them and define their position in the way that the University does, but they do have the Town Council to protect the Town's interest, he said. Mr. Collins described this as one of those times that the Town's and the University's interests do not overlap. He asked Council members to deny the request and to go back to the drawing board and do better.

Terri Tyson advised reconciliation between the Town and University because, she said, people are tired of the constant adversarial position, which is not good for either. Ms. Tyson described the University's offer to preserve South Columbia Street as valuable and of utmost importance to the Town and citizens. The parking decks, with the reduced number of spaces, provide a needed commodity to hardworking University employees, she said. Ms. Tyson stated that the University had made positive changes to the chiller plant that would result in a more pleasant configuration, and the Gimghoul area would remain a beautiful and desirable neighborhood, especially after improvements have been made to the traffic flow, she said. Ms. Tyson recommended that the Council accept the University's proposal provided that the Town gets a bonding commitment from them that they will support the Town regarding South Columbia Street.

Chapel Hill resident Ken Robinson referred to a recent article in Engineer Systems, which said that parking decks and chiller plants were incompatible uses. Mr. Robinson, an engineer, recommended studying the possible impact of drift from lowering the cooling towers and advised testing noise at all operating points across the range. He wondered what the long term plans for chilling capacity were. Mr. Robinson pointed out that having a long-term plan would keep this situation from recurring.

Floyd Fried, speaking for himself and his wife Ellen Fried, commented that one strives to pass attributes of ethics, honest and morality on to one's children. How can adults expect to instill those values in the students when the students see how little the University's administration has valued them in recent years, he asked.

Glandon Drive resident Joan Guilkey remarked that the Town and University should have been looking for sites that made sense rather than tweaking the three that already were in the Development Plan. They wasted the summer, she said, by coming up with amenities to those three sites rather than finding better ones that all could be proud of for years to come. Ms. Guilkey praised Council members for their patience and for all the time and energy they had put into this task, but, asked them to withhold their votes until the University gives them something that makes sense that they can work with.

East Rosemary Street resident William Klapp chastised the University for the "shameless political display" that this process represents. He noted that there were important issues on both sides, but the University came back with an incrementally improved proposal that does not take a broader view of the respective playing fields. Mr. Klapp advised Council members to address the Cobb, Jackson Circle and Columbia Street issues separately and to split Cobb into a chiller plant and parking deck when addressing it. He asked them to vote this down because of the corrupt and inappropriate process.

Franklin Street resident Georgia Kyser, co-founder of the Chapel Hill Preservation Society, said that the idea behind the Society had been to preserve neighborhoods and to designate certain areas as historic. The parking deck and chiller plant are devastating and the proposal makes her feel very sad after so many years of work. To create more traffic in this most crowded part of Chapel Hill would be a disgrace, said Ms. Kyser.

Franklin Street resident Randall Roden commended both the Town Council and University representatives and stated that there was a need for a new era of cooperation between the two. He cautioned that the University power plant had also been mitigated and abated, but there had been a great deal of suffering, he said, "even though it might be the best looking power plant around." Mr. Roden described the chiller/parking deck as a big ugly thing in the wrong location. It would be a mistake, he said, and he asked the Council not to give in on something so misguided.

Battle Lane resident Kimberly Kyser commented that the University had not considered alternative locations for the chiller/deck. Ms. Kyser said that the early clapping by the audience was an attempt to relieve tension after their long struggle to voice opposition to the project and to have their voices heard. As citizens of Chapel Hill, she said, the neighbors feel that an imbalance prevails and that the University has taken on a bullying corporate tone that had not been at this University before. "We know about the mandate for growth," Ms. Kyser said, "but what we don’t understand is an insatiable appetite for real estate, especially since we as citizens pay taxes and the University doesn't."

Franklin Street resident Thatcher Freund proposed that this debate was about trust and the importance of comprehensive planning. The University had always known its needs, he said, adding that one wonders if the Town will be looking at other parking decks in the future. Mr. Freund commented that piecemeal panning is no planning at all.

Florence Soltys read a statement from the Greenwood Neighborhood Association, which said that they had met and voted unanimously to support the Gimghoul neighborhood by opposing the chiller plant/parking deck. She criticized the breakdown of communication toward other communities and lamented the negative way in which the University was eroding the support that it had traditionally received from neighborhoods around the University. Ms. Soltys remarked that the civility that had once existed no longer exists.

David Owens, a UNC Building and Grounds Committee member, objected to the insinuation that the Cobb changes had not previously been thought about. It had been identified as a problem area in the Master Plan, he said, adding that the change was in the timing. Mr. Owens stated that the Cobb proposal was an effort to improve the quality of life for students and that visual impact had been important considerations.

Gene Pease, President of the Gimghoul Historic Association, stated that a parking deck in the Cobb area was a bad idea. He wondered why the University needed a five- or six-story deck and 35% more parking spaces in this corner of campus. If the University is so concerned about the health and safety of its students, Mr. Pease asked, why build a parking deck? He said that the Gimghoul neighborhood was still waiting for answers to those questions and that they do not believe the numbers that the University had presented. Mr. Pease objected to placing an inappropriate five-story massive structure immediately next to a national historic cemetery. "Shame on the University for trying to hold the Council hostage by linking this development proposal to Columbia Street," he said. Mr. Pease cautioned that allowing this linkage to sway its vote would mean the Council was betraying one neighborhood for another.

UNC Student Body President Matt Tepper, speaking on behalf of the 1,200 students who will be impacted by this proposal, argued that the University must be committed to "smart and well-planned parking decks" in order to make the campus more pedestrian friendly. Students pay heavily in fees for transportation, Mr. Tepper said, adding that doing so was a sign of their commitment to the Town's transportation goals.

Nancy Whittington read a list of questions for transportation planners:

What hours will the different access points be open?

Will there be traffic rules for entering and leaving Paul Green Drive and the Raleigh access roads?

Which access will visitors use in and out all day long?

What about people cruising the street waiting for a slot that one of the visitors might leave open?

How will cars coming from three access roads enter the deck?

In which month were the 14,000 trips counted?

Was it a weekend or weekday?

Ms. Whittington asked if anyone else had questioned the fact that the public was getting all of its traffic information from a University-paid consultant rather than an independent judge. She suggested several ways to mitigate traffic and recommended that Council members contribute information to the transportation studies.

Pamela Pease referred to "the disastrous land use management plan of 1986," which proposed a highway from the Dean Smith Student Activities Center to Franklin Street, parking decks on the eastern and western sides of campus, and widening Columbia Street. The new Master Plan seemed like a perfect formula to create new highways to ease congestion, she said. Ms. Pease remarked that the 1986 plan had not been killed but had been "held in suspended animation."

University employee Tommy Griffin said that a lot of folks on campus trusted the Council to make the right decision. There was not much space and very few parking lots left on campus, he said. Mr. Griffin described the chilled water plant as "a must." He said that lower paid employees would be the ones affected by the deck because they were the ones who work odd hours and cannot afford to invest more than a week's pay in parking.

Lynne Kane spoke in support of the University's proposal. She commented on the need for parking, construction costs in a tight economy, and the need to voice support for plans and not just opposition. Ms. Kane said that parking was needed near the Paul Green Theater and Swain Hall, noting that she had driven people back to their cars twice after performances. "We should preserve the productive synergy between the University and Chapel Hill," she said. Ms. Kane urged citizens to contact public officials when they are in favor of a plan because those who do so usually are those who are opposed.

Council Member Bateman asked about the plan for the remainder of the agenda, given the late hour. Mayor Foy suggested hearing citizens' comments no matter how long it took. It would be unlikely that the Council would get to any other business this evening, he said. Council members agreed by consensus to defer all other items to the next meeting and to break after citizen comments.

Valerie Broadwell, a transportation planner for the EPA, said that her company had downsized parking to less than 1,300 spaces for 2,000 employees. She explained that it had been her job to make that work. Ms. Broadwell described parking as a political issue, since there is a sense of entitlement regarding that in this country. She expressed sympathy with what University planners were going through, and described the University's transportation management plan as the most ambitious and successful in the State. However, siting the Cobb Deck between a historic cemetery and theater and across from a historic district presented difficulties, Ms. Broadwell said.

Ms. Broadwell commented that "no matter how you draw it" a deck can never be a positive social space. Decks are an inefficient use of land, she said, and they draw traffic noise and emissions to the areas in which they're located. Ms. Broadwell emphasized that a parking deck is not "cutting edge" land use, as some from the University had called it. She said that they could move toward a car-free, or car-limited, campus by using satellite lots, better transit, and regional rail. Ms. Broadwell acknowledged that those alternatives were not easy, but described them as "the only route that will carry us into a sustainable future." She gave examples of other universities that had implemented such alternatives and asked UNC to do more "if it wants to grow and not kill the Town." Ms. Broadwell suggested eliminating monthly and annual parking permits and switching to an hourly rate, even for employees. "The less you park the less you pay," she said.

Westwood resident Joe Capowski agreed with the recommendation to split the projects, noting that the Jackson Circle Deck does not have the same characteristic and issues as the Cobb Chiller/Deck. South Columbia Street was yet another issue, he said, urging Council members not to feel compelled to package them all together. Mr. Capowski stated that there was no human space near the Jackson site and that one must go into the buildings to escape the environment, in an area where we promote our wonderful climate.

Mr. Capowski argued that the Jackson Circle area badly needed human facilities and he asked the University and Council to stop the purely utilitarian planning to accommodate the automobile. The University's answer now is to build another parking deck, he said, stating that this blatantly violates the underlying principle of the Development Plan. With regard to South Columbia Street, Mr. Capowski said that having a five-year review process would leave a dark cloud hanging over property owners there. He asked Council members to promote creative solutions rather than more parking decks.

Gimghoul resident Allen Anderson said that he had declined a University parking permit and was one of the walkers. He notices as he walks every evening between 5:00 p.m. and 6:00 p.m. during the school year that cars are backed up along Country Club Road from the Raleigh Road corner past the Cobb Dormitory. Impatient drivers make it difficult to cross to get to his home, he said. Mr. Anderson argued that regardless of how you look at it, a Cobb Deck would aggravate this situation. A traffic light might address his individual safety, he said, but it will push traffic back even farther.

Kathleen Kearns wondered if the University could choose to build fewer spaces than agreed upon in the Development Plan, expand its commuter alternative program, and address the valid transportation needs of its employees through these means. Could the University make these alternatives a higher priority than individual vehicle parking, she asked. Ms. Kearns suggested that the University "de-uglify" the Cobb lot by means other than building a parking deck there. She commented on the increase in people and activity that Carolina North will bring. Ms. Kearns encouraged Council members to take a strong stance to reduce central campus parking, to bolster park and ride, to encourage public transit, and to vote against the Cobb Deck.

Diana Steele described her long-time ties to the University and the community. How the Council voted on this would set a precedent for a long time into the future, she said, so she hoped that a fair and honorable negotiation could be put together. Ms. Steele requested that the South Columbia Street improvements not be part of the package. She argued that the University's following through on what they've already agreed to should not earn them any extra points. Ms. Steele stressed that the Town should not have to vote on whether or not the University should honor its agreements. She expressed admiration for a successful commuter alternatives program plan. Ms. Steele opposed the Jackson Circle Deck, stating that the Town Council did not have necessary information regarding its effect on Mason Farm Road.

University teacher Richard Cramer said that he had recently switched from parking on campus to parking at one of the commuter lots, thereby saving himself time and money. It takes ten minutes from the lot to his campus office, he said. Mr. Cramer acknowledged that there might be problems at night, but said that using commuter lots during the day is far preferable to building more parking spaces in the center of campus.

University Faculty Chair Judith Wegner said that she cares deeply about land use, good governance, State and local government and law, adding that she teaches those things. She explained that no one had asked her to be at this meeting; she had come to give her best assessment of the situation. Ms. Wegner pointed out that a chilled water plant is not an electric, co-generating facility, and inadequate air conditioning on campus causes ripple effects throughout, she said.

Ms. Wegner stated that absence of campus parking was a serious problem. She asked Council members not to fall prey to a sense that taking no action would make things better. A great deal of good faith effort had gone into this proposal, she said, stressing that it was imperative that the University and Town work together effectively. Ms. Wegner vowed to try and build collaborative efforts for the greater good of all. She noted, however, that this would be difficult if people put aside the respect that she thinks is owed to University representatives. Ms. Wegner said that she did not believe there were hypothetical alternatives that had not been explored.

Purefoy Road resident Kimberly Brewer, who had been on advisory committees for both University's Master Plan and the Town's Comprehensive Plan, said that the plans had stressed limiting cars, trying to preserve the character of north campus, and trying to replicated that beautiful character as much as possible on south campus. Ms. Brewer complemented the University on reaching its transportation targets, but asked it to exceed those goals.

Ms. Brewer reminded Council members that the Manning Deck had not been deleted but merely postponed to the next phase of development. She recommended not building the Jackson Circle Deck and having a free parking deck at Manning with incentives to really use it. If a new entrance to the hospital is built, Ms. Brewer said, it should be built on University land on the north side of the proposed dorms, not thorough the neighborhood. She suggested that the Cobb Deck be relocated to the surface parking lot on Raleigh Road. Ms. Brewer recommended that the South Columbia Street design not be revisited. A Cobb Deck/chiller must be designed to be in scale with the surrounding buildings and neighborhood, she said. Ms. Brewer noted that the neighborhoods adjacent to the University and the Town need the Council to protect them as promised in the Town's Comprehensive Plan.

Donna Heins, Managing Director of Playmakers Repertory Company, said that having additional parking available to citizens would enhance services that Playmakers provides to the community. She noted that Playmakers is still the #1 theater in the Triangle, but explained that people are getting more and more choices. If they can't park, they won't come, Ms. Heins said. She pointed out that Playmakers’ ability to grow and thrive depends on being able to have patrons.

Mayor Foy stated that this concluded the comments from citizens. In an informal poll, five Council Members expressed a preference for recessing until the next day, he said. The University and Council agreed to recess until the next day, August 26, 2003, at 7:00 p.m.

The meeting adjourned at 11:35 p.m.