SUMMARY MINUTES OF A BUSINESS MEETING

SUMMARY MINUTES OF A BUSINESS MEETING

OF THE CHAPEL HILL TOWN COUNCIL

MONDAY, MAY 28, 2003, AT 7:00 P.M.

Mayor 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, and Edith Wiggins.

Council Member Jim Ward was absent, excused.

Staff members present were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Assistant to the Manager Bill Stockard, Inspections Director Lance Norris, Planning Director Roger Waldon, Urban Forester Curtis Brooks, and Town Clerk Joyce Smith.

Item 1 - Ceremonies: None.

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.

1. Mr. Philip M. Rego, requesting speed hump installation on Ridgecrest Drive in Lake Forest.

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

2. Jay Bryan, requesting Naming a Trail through Pritchard Park.

Mayor Foy explained that this trail is proposed to be named after Hope Rice, a longtime Chapel Hill resident and member of the University community.

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

3. Betty Maultsby, requesting trash clean-up on Rosemary and Franklin Streets.

Ms. Maultsby expressed concern about the timing of the Council's recent decision to enter into renegotiations with the Downtown Commission. She could not think of any reason to withhold necessary funds until the Town settles on a plan for the Downtown, she said. Ms. Maultsby discussed "first impressions" of the Downtown area and showed slides that had been taken following holidays of trash-strewn streets.

Mayor pro tem Evans thanked Ms. Maultsby for bringing this to the Council's attention. She pointed out that the Manager had been taking notes, so the matter would be taken care of. Ms. Maultsby replied that this situation had been going on since 1997.

Council Member Verkerk noted that the Town spends a lot on Streetscape improvements. She suggested focusing on cleanup as well and asked that attention be given to the Rosemary Street parking decks and alleyways.

COUNCIL MEMBER VERKERK MOVED, SECONDED BY MAYOR PRO TEM EVANS, TO RECEIVE AND REFER THE PETITION TO THE MANAGER, AND TO INCLUDE LOOKING AT CLEAN-UP OF PARKING DECK AND ALLEYS. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

4. Delores Bailey, regarding Northside Conservation Committee appointments.

Ms. Bailey requested that appointments to this Committee be deferred to June 9 so recommen-dations could be made. Ms. Bailey explained that the Northside Neighborhood Conservation District Advisory Committee had not had the opportunity to research the applications for placement on the Committee. She asked Council members to postpone voting on those applications until June 9, 2003.

In response to a question from Council Member Bateman, Ms. Bailey explained that Melissa Exum, UNC Dean of Students, had submitted an application and that the Committee had been talking with her, and UNC Coordinator of Local Relations Linda Convissor, about including a student representative.

Council Member Kleinschmidt suggested that the request be made directly to the Student Government. Ms. Bailey agreed to look into that, as well as into having someone from the “graduate chapter."

Council Member Wiggins noted that there had been representation from an organization of off-campus students on previous Town committees. She remarked that the Student Government representative could tell Ms. Bailey whether or not that organization still existed.

MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER KLEINSCHMIDT, TO DEFER CONSIDERATION OF THIS APPOINTMENT TO JUNE 9, 2003. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Announcements by Council members.

Council Member Bill Strom inquired about the status of small projects in the UNC Master Plan and the opportunities for input from the Council, community, and advisory boards. Planning Director Roger Waldon explained that the Town had received an application for modification of the UNC main campus development plan, which had been approved in October 2001. He said that the development plan had anticipated possible changes in the years ahead and had included a mechanism for modifying the approved plan. Mr. Waldon said that UNC had submitted an application for modification and that there was a 90-day period from the time an application comes in to the time the Council must act on it.

In this case, Mr. Waldon said, the application was submitted in early April, so the 90-day window would close in July. The public hearing on the application had been scheduled for June 16, he said. Mr. Waldon noted that the Town had held one public information meeting and would be holding another tomorrow. The application would go to the Planning Board on June 3, he said, and would be on the Council's agenda for a public hearing on June 16. Mr. Waldon stated that the staff expects, depending on what happens at the hearing, the application to come back in one week for Council action.

Mr. Waldon outlined the main changes being proposed. These included deleting a parking deck near the corner of Manning Drive and Fordham Boulevard and building two smaller decks in the interior of the campus. He added that a new building was being proposed that had not been on the original plan.

Council Member Harrison verified that the four findings the Council would have to make were different from those for a Special Use Permit (SUP).

Council Member Strom asked about an opportunity for additional public comment if the finding were made that these were major modifications. Mr. Waldon replied that the difference between a minor and major change is whether the Manager can approve it or whether it must come to the full Council. This is a major change, he said, and the Town is in the midst of notification, review and hearings.

Item 4 - Consent Agenda

Council Member Harrison pulled 4c, Ordinance to Increase Transportation Board Membership, noting that a citizen had signed up to speak on it.

George Cianciolo, a member of the Transportation Board, stated that the Board had not been aware of the proposed ordinance to increase its membership until last week. He asked Council members to defer action until the Board had an opportunity to review the ordinance and prepare comments. Mr. Cianciolo asked the Council to also provide information about the issues behind the proposed change so the Board could comment on those as well.

Mayor Foy said that he saw no problem with deferring this, but noted that if the Council wanted to refer it to the Transportation Board then they should insure that a representative from the School Board discusses it as well. There are school issues interconnected with the transportation system, he said, but added that the School System could make the case better than the Council could.

Council Member Harrison stated that it was he who had notified the Transportation Board about the ordinance. He suggested that if someone from the School Board meets with the Transportation Board then they should meet with the Carrboro Transportation Board as well.

Mayor Foy recommended confining it to Chapel Hill's Transportation Board for now and asking them to arrange a meeting with a School Board representative.

Council Member Bateman asked what the concern had been about. Council Member Harrison replied that the ordinance did not require that the new Transportation Board member be a Town resident, for one thing. He said that this and other issues were worth talking about and that he thought the Transportation Board should discuss them.

MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER KLEINSCHMIDT, TO REFER THIS TO THE TRANSPORTATION BOARD TO ARRANGE A MEETING WITH THE SCHOOL BOARD. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

With regard to 4e, Resolution Referring Request from Investors Title Insurance Company to Purchase Parking Lot #6, Mr. Horton explained that the Town asks for competitive bids on Town land that someone wishes to purchase only if the Council requests it.

Mayor pro tem Evans ascertained that the staff would come back with a report that might include that option.

MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER KLEINSCHMIDT, TO ADOPT R-1 WITH 4c REMOVED. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES (2003-05-28/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 of March 26, and April 2, 14, and 23, 2003.
b.	Nominations to Various Boards and Commissions (R-2).
d.	Calling Public Hearing to Consider Financing Method for Purchase of Additional Land for Town Operations Center (R-3).
e.	Resolution Referring Request from Investors Title Insurance Company to Purchase Parking Lot #6 (R-3.1).

This the 28^th day of May, 2003.

A RESOLUTION NOMINATING APPLICANTS TO VARIOUS ADVISORY BOARDS AND COMMISSIONS (2003-05-28/R-2)

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

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

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

Board of Adjustment

Kevin Beasley, Sr.

Bethany Burgon

Gary Kress

Community Design Commission

Daniel Brisson

Dale Coker

Scott Radway

Greenways Commission

Sarah Bergmann

Bethany Burgon

Scott Nilsen

Glenn Parks

Tony Smith

Karen Whichard

Historic District Commission

Benjamin Brodey

Gaston Eubanks

Terri Swanson

Library Board of Trustees

Virginia Franks

Northside Neighborhood Conservation District Advisory Committee

Rick Perry

Matthew Robbins

Adam Zinn

Parks and Recreation Commission

Rebecca Boyles

Pamela Hemminger

Jerry Neville

Tony Smith

Planning Board

Scott Nilsen

Scott Radway

Richard B. Williams

Public Arts Commission

Virginia Franks

Transportation Board

Gaston Eubanks

This the 28^th day of May, 2003.

A RESOLUTION CALLING A PUBLIC HEARING TO CONSIDER THE PURCHASE OF LAND USING INSTALLMENT CONTRACT FINANCING (2003-05-28/R-3)

WHEREAS, the Town Council authorized the purchase of additional land identified by Tax Map Reference as 7.18..4, at 7106 Millhouse Road, to be used for a Town Operations Center, and

WHEREAS, the Town Council wishes to consider the purchase of said land using installment financing as authorized by General Statues 160A-20 and proposes to file an application with the N. C. Local Government Commission for approval of such financing,

NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Chapel Hill, that the Council hereby calls a public hearing at 7:00 p.m. on June 9 to receive comments from citizens concerning such financing, and hereby authorizes the publication of a notice of this public hearing 10 days prior to the hearing.

This the 28^th day of May, 2003.

A RESOLUTION RECEIVING AND REFERRING A REQUEST FROM INVESTORS TITLE INSURANCE COMPANY INQUIRING ABOUT POSSIBLE SALE OF PARKING LOT #6 AND REQUESTING THE TOWN MANAGER’S FOLLOW-UP REPORT BY JUNE 23, 2003 (2003-05-28/R-3.1)

WHEREAS, Mr. David M. Rooks, representing Investors Title Insurance Company, has inquired about the Town’s potential sale of Parking Lot #6, located on West Rosemary Street; and

WHEREAS, the Town currently leases 12 monthly rental parking spaces to Brown & Bunch, PLLC, Attorneys and Counselors at Law, for $11,520 per year; and

WHEREAS, the Council may wish to consider sale of the lot to Investors Title Insurance Company;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby receives and refers the request from Investors Title Insurance Company and requests a follow-up report from the Manager on or before June 23, 2003.

This the 28^th day of May, 2003.

Item 5 - Information Items

5a. Establishing Notice Procedures for Special Meetings and #5c Report on Zoning Violation at 119 Christine Court.

The two reports were received by consensus.

Council Member Kleinschmidt pulled 5b, Response to Petition regarding Marriott Residence Inn Proposed Parking Lot.

Council Member Strom pulled 5d, Request for Expedited Processing of Special Use Permit Application for University Print Services, noting that two citizens had signed up to speak.

5b. Response to Petition regarding Marriott Residence Inn Proposed Parking Lot.

Dr. Harvey Krasny displayed a map showing areas where he was concerned about stormwater run-off and diesel fuel emissions. He disagreed with the Marriott consultant, Scott Radway, who had asserted in a letter that excluding trucks from the parking lot would be impractical and that service vehicles and minivans can be confused with trucks. Dr. Krasny also objected to Mr. Radway's assertion that there was nothing in the language about service vehicles. He argued that he had put something about that in the language. Apparently that had not gone far enough, he said, and he offered to expand it.

Dr. Krasny said that his second concern regarding the parking lot was that the Marriott had mentioned adding an island but had not mentioned the increase in parking lot size. He argued that now was the time to make such adjustments, not after construction plans have been finalized.

Mayor Foy and Mr. Horton agreed that voluntary compliance by the applicant was all that the Town could expect at this point. Mr. Horton noted that the Council already had closed the public hearing, had given a set of stipulations, and had authorized issuance of the SUP. Noting that the Town Attorney was not present, Mr. Horton speculated that it was unlikely that the Town Council could find a lawful method to impose additional stipulations. He explained that many of the details that Dr. Krasny had brought forward would require the voluntary consideration of the applicant. Others were details that will be considered when final plans are submitted, he said. Mr. Horton stated that it would not be reasonable to negotiate final plans in a forum of this nature. The public process had been extensive, fair and balanced, he said, and he advised the Council to take no further action.

Mayor Foy asked how the parking lot size issue that Dr. Krasny had raised would be dealt with. Mr. Horton replied that the staff would make sure that the Council's stipulations were faithfully followed.

Council Member Strom wondered about informally bringing up the topic of voluntarily designating one section of the parking lot as a non-RV area. Doing so should not have any impact on the commercial operation, but would alleviate some of Dr. Krasny's concerns, he said.

Mayor Foy recommended referring Dr. Krasny's comments to the Manager for consideration

MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER HARRISON, TO REFER DR. HARVEY KRASNY'S COMMENTS TO THE MANAGER FOR CONSIDERATION. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

5d. Request for Expedited Processing of Special Use Permit Application for University Print Services.

Elkin Hills resident Fred Stang said that the Elkin Hills Organizing Committee did not oppose the expedited processing that the University was proposing. He explained that the Committee has had a very productive interaction with UNC's Bruce Runberg regarding hydrological features on the land. Mr. Stang noted that Mr. Runberg had been able to view those features first hand, in the rain. He expressed hope that the University would get an official opinion on whether or not intermittent and perennial streams exist and would review the impact of runoff from a new parking lot nearby. Mr. Stang said that the Committee encourages the University and Town to have an overall plan rather than a piecemeal approach to this piece of land.

Bruce Melkowits thanked Council members, the University, and members of the Elkin Hills community for their work and spirit of cooperation over the past year. He expressed concerns about stormwater runoff, the size of the footprint, the buffer between the project and the neighborhood, and the nature of the continuing development on that property. Mr. Melkowits asked Council members to visit that natural area and realize that all of it will be lost when traded for a building.

UNC Facilities Director Bruce Runberg emphasized the need for expedited review so that UNC can maintain its schedule and relocate its printing operation away from the Bennett Building. He noted that there was bond funding for the project and emphasized the importance of moving forward. Mr. Runberg said that the University would continue its dialogue with the neighbors and would properly address runoff, streams, and other concerns. Doing so is a requirement, he said, and the University intends to do so as part of the process. Mr. Runberg emphasized that the University does have a plan to use the balance of that triangular area for administrative offices or research space. It will be an administrative office building, he said, with uses that are permitted.

Mayor Foy stated that the Manager had planned to bring this item back, with a recommendation, on June 9^. It was on the agenda tonight, he said, to notify the public of the request. When asked by Council Member Strom, Mr. Horton could not verify that an application had been submitted.

Item 6 - Potential Green Infrastructure Bond

Mr. Horton explained that the staff had done its best in the time available to respond to the Council's request for information in regard to this bond.

Assistant Town Manager Sonna Loewenthal emphasized that the numbers were preliminary, since cost estimates must be based on design work and the Town had not yet done that work on the sidewalks or greenways being discussed. Ms. Loewenthal said that the Sustainability, Energy and Environment Committee (SEEC) had proposed a bond that would include a number of issues. The staff had tried to provide cost figures for each issue, she said, and those are as follows:

· Construction costs for 50% of sidewalks listed on the current sidewalk plan within five years.

· Construction costs for 50% of the greenways listed in the Greenway Master Plan within five years.

· Sufficient funds to establish an Energy Bank in the Town budget and for an Energy Coordinator in 2004.

· Upgrades in pedestrian amenities for five intersections

· Open space purchases

· Neighborhood, pedestrian and bicycle safety improvements.

Ms. Loewenthal noted that upgrades in pedestrian amenities include:

· Installing pedestrian crossing signals would cost about $50,000 per intersection, or a cost of $250,000 for five locations.

· Signal system timing studies to accommodate pedestrian phasing for five corridors would cost $6,000 each, or $30,000.

· Other improvements, such as pedestrian heads with countdown displays, improved markings and signage.

Ms. Loewenthal said that an open space purchase was a bit open-ended. She explained that the staff believes that a $3 million reserve probably would be sufficient for small tracts and easements as well as some larger tracts, if they could be acquired. Ms. Loewenthal noted that the Council had approved expenditure of most of the 1996 open space bonds and that the $3 million was an estimate of what the Town might spend after that. Ms. Loewenthal said that SEEC had recommended that the Energy Coordinator position not be covered by bond funds. But if the Council adopts this bond or something close to it, she said, and then there should be an Energy Coordinator.

Regarding the Energy Bank, Ms. Loewenthal noted that the City of Ann Arbor, Michigan, had issued $1.4 million in bond funds and had reported an energy cost saving of $100,000 per year. She explained that Chapel Hill had been unable to find out how much money must be invested to generate that level of savings. She pointed out that the Town Council already had specified a high level of energy efficiency. So theoretically, it would be more difficult to follow the logic of this kind of bond, she said. Ms. Loewenthal added that if the Council were interested in trying to connect spending on energy efficiency and savings, then the staff could find a way to do that as a mechanism for identifying funding on energy saving projects.

With regarding to the cost of amortizing a bond, Ms. Loewenthal said that the staff had estimated about $15.5 million. A 20-year term bond, at 5% interest, would come to just over $1.5 million in the first year, she said, adding that debt service would go down gradually over 20 years. Ms. Loewenthal recommended that the Council consider this in the context of other debt, including the Town Operations Center, Town Library expansion, and Capital maintenance and renovations. She said that the staff would present a broader and deeper discussion of these debt projects at the June 9, 2003 meeting.

Mayor Foy asked if the Town did not get grants and the Town needed to have short-term financing for a couple of years, would that short-term obligation be reimbursed if the Town did get grants to cover the long-term cost. Ms. Loewenthal replied that the Town could be reimbursed and that it would go through the necessary process with the federal government to ensure that it could be.

Council Member Verkerk suggested that the Council refer this to the SEEC for further discussion.

Mayor Foy asked if the SEEC would be ready to bring it back on June 9, adding that the Council should come to some conclusion with regard to the bonds by June 23, in the best scenario. Mr. Horton agreed.

COUNCIL MEMBER VERKERK MOVED TO REFER IT TO THE SEEC TO COME BACK TO THE COUNCIL ON JUNE 9. COUNCIL MEMBER BATEMAN SECONDED.

Council Member Wiggins verified that the Manager would bring back a figure on June 9 that would be easy for the Council to modify at that time.

Council Member Harrison commented that greenways projects should be prioritized at some point. He added that this probably would require one full staff person across three departments, but noted that the Town was not currently adding people.

Council Member Verkerk pointed out the importance of determining that the Town can fund projects before prioritizing them.

Mayor Foy asked Mr. Horton if the Town would have to specify individual projects if it puts a bond forward to the voters. Mr. Horton replied that the bond attorney probably would not allow the Town to be specific about which trails it would use the money for. But, he added, the Council's tradition had been to generally identify the trails that would have priority. Mr. Horton said that the bond attorney probably would not allow the question on the ballot to identify each individual project.

Mayor pro tem Evans encouraged the Committee to consider allocating a "goodly amount" of funding for Streetscape, which includes many sidewalks.

Mayor Foy determined that Streetscape had not been included in the estimate.

Council Member Bateman commented that the public is more receptive to bonds when they are given more details. She said that she did not feel that any Council members had enough information to make a decision on this issue at this point.

Council Member Strom verified that passing this bond referendum in 2003 would not necessarily mean the Town would take on the debt for future years. Mr. Horton explained that the normal guideline is seven years from the time of authorization and issuance. An extension of up to 10 years is available, he said.

Council Member Strom confirmed with Mr. Horton that this was one of the factors that the Town would discuss on June 9 and June 23.

Mayor Foy pointed out that even if the voters authorized bonds adding up to $3 to $4 million a year in amortization expenses that does not mean that the Council will issue them. But the Council would be able to issue bonds in a rational manner and make plans knowing that funding would be available, he added. Mr. Horton agreed, noting that this was what he would report to the Council in June. In effect, it becomes a line of credit extended by the voters and the Council will determine how much of it is used at the appropriate time, Mr. Horton said.

Mayor pro tem Evans stated that it would be helpful to the Committee to know how much open space bond money remains. She verified with Ms. Loewenthal that it there was about $1.2 million remaining of the $3 million bond and that the Town was negotiating three projects which, if approved, would use up what is left.

THE MOTION, AS AMENDED BY MAYOR PRO TEM EVANS TO INCLUDE CONSIDERATION OF STREETSCAPE, WAS ADOPTED UNANIMOUSLY (8-0).

Item 7 - Response to Petition regarding Streetscape Improvements to Rosemary Street

Urban Forester Curtis Brooks spoke in response to Mr. Nicolas Paliouras' petition regarding streetscape improvements on Rosemary Street. Mr. Brooks explained that a 10 year-old master plan for the area had addressed the same areas of concern and had made recommendations for sidewalks, plantings, lighting, and other improvements. Mr. Brooks said that constraints regarding land ownership and cost had made it difficult to implement these improvements.

With regard to the ownership of land issue, Mr. Brooks explained that right-of-way differs from lot to lot. The Town has identified which lots are public and which are private and has determined that there are no continuous publicly-owned stretches of land behind the curb that do not have a sidewalk in place. So the first priority of the Streetscape project is for the continuous sidewalk, he said. Mr. Brooks explained that the Town has to have land dedicated to it, or must obtain a use easement, which can be negotiated on a case by case basis. Or the Town can utilize imminent domain to require a dedication of right-of-way, Mr. Brooks said. He added that five privately initiated projects had come in since 1993, and the Town had been able to require through the planning process that right-of-way be dedicated. He noted that four projects were currently pending that would do the same. Mr. Brooks explained that there were some property owners who were not interested. These would require that the Town go through imminent domain, he said.

With regard to the funding issue, Mr. Brooks noted that the Town had passed a bond in 1996, which permitted the expenditure of $1 million on Downtown improvements, and that all but about $102,000 had been used. He pointed out that the original estimate had been for about $4 million, and said that the Town will need more money to complete the task. Mr. Brooks stated that the original estimate had not considered the cost of imminent domain and the purchase of property.

Mr. Brooks noted that Duke Power would be installing the new light fixtures this summer and that the fixtures should arrive at the end of July. Mayor pro tem Evans explained that the $4 million had been the Council's guess at the cost of the Franklin Street, Rosemary Street and cross sections plan. Since some of that work has been done by private developers on Franklin Street, she asked if the $4 million remains constant. Mr. Brooks agreed that the private sector had contributed more than the staff could have predicted in 1993. But increased costs over time have been most notably for lighting, he said, adding that the staff would have to study it and assign figures, segment by segment.

Council Member Harrison determined that the State had not required encroachment agreements even though Streetscape projects have been done on Rosemary Street, which technically is a State road. He said that the Town would have to get encroachment agreements on Franklin Street.

Council Member Bateman inquired about the reluctance of some property owners to allow Streetscape improvements. Mr. Brooks replied that the reasons vary substantially from one property owner to another. Mr. Horton added that speculating about individual motives would be entering into dangerous ground. Council Member Bateman said that she wondered, since this petition came from a Downtown Commission member, how much dialogue there had been among members about the importance of sidewalks. Mr. Brooks mentioned that some commercial property is owned by groups of people. Getting an agreement from a group is more time-consuming, he said.

Council Member Verkerk wondered if the issue of wheelchair accessibility was a factor. Mr. Horton replied that the Town did not know all the details of access to these properties, or what laws might apply to them. Council Member Verkerk praised the improvements on the south side of Franklin Street, noting that she had heard many favorable comments from students.

Mayor Foy suggested referring this to the SEEC.

COUNCIL MEMBER KLEINSCHMIDT MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, TO REFER THIS ITEM TO SEEC. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Item 8 - Options to Renovate or Remove the Cabin at Meadowmont Park

COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT R-4A TO RENOVATE THE CABIN.

Mayor pro tem Evans noted that the cabin was about five feet from the driveway to the school and asked if it could be relocated to a safer location. Mr. Horton replied that there would be a fence along that area for that reason. He added that the cost of relocating would be too expensive for him to recommend in good conscience.

Council Member Harrison thanked the Town Manager for saving a log cabin, adding that few, if any, were being preserved in southwestern Durham County.

THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION AUTHORIZING THE MANAGER TO RENOVATE THE EXISTING CABIN IN MEADOWMONT PARK (2003-05-28/R-4a)

WHEREAS, the Special Use Permit for Meadowmont Park shows an existing cabin adjacent to the pond; and

WHEREAS, the cabin requires significant renovation; and

WHEREAS, the cabin cannot be made available for use to the general public until such time as it is renovated; and

WHEREAS, the cabin is a visual amenity; and

WHEREAS, the cabin could be used by the Town Parks and Recreation Department, Rashkis Elementary School teachers and other agents as a shelter for small programs;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to renovate the existing cabin in early FY 2003-04.

This the 28^th day of May, 2003.

Item 9 - Request for Council Instruction regarding Small House Regulations

Mayor Foy explained that this would call a public hearing on clarifying whether accessory apartments meet the requirements of the new Land Use Management Ordinance.

Council Member Bateman questioned whether or not the Council had decided to consider an amendment. Mayor Foy replied that he thought the Council had decided that at its last meeting. Mr. Horton explained that one reason the staff had brought this forward was that there seemed to be a division of opinion among Council members over whether the language was clear and whether Council's intent was being followed. The staff had determined that an argument could be put forward that accessory apartments meet the limited size dwelling unit requirement, he said. Mayor Foy recommended that the Council, if it wished to proceed, tell the staff whether to prohibit or to permit having accessory apartments counted as affordable units. He noted that the staff would draft language both ways and the Council would then hear from the public.

COUNCIL MEMBER KLEINSCHMIDT MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT R-5.

Council Member Wiggins said that she saw the accessory apartment issue as separate from the affordability issue. She argued that accessory apartments did not meet the affordability goal, but acknowledged that the Town might want to consider accessory apartments in the future. Mr. Horton replied that the staff would not propose eliminating the current provisions regarding accessory apartments. The staff would concentrate on language that would clarify the Council's intent as to whether such apartments should be counted as limited size housing, he said.

Mayor Foy explained that the Council would, by this action, bring forward both options for public comment. Then the Council would make a decision or leave it alone, he said.

Council Member Verkerk noted that leaving it alone would allow more flexibility.

Council Member Kleinschmidt noted that approving R-5 would merely allow a public hearing to occur in September.

THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION CALLING A PUBLIC HEARING FOR SEPTEMBER 15, 2003, TO MODIFY THE HOUSING FLOOR AREA RESTRICTION PROVISIONS OF THE LAND USE MANAGEMENT ORDINANCE TO CLARIFY WHETHER ACCESSORY APARTMENTS MEET THE REQUIREMENTS OF THAT SECTION (2003-05-28/R-5)

BE IT RESOLVED by the Council of the Town of Chapel Hill, that the Council calls a public hearing for September 15, 2003, to consider changes to Section 3.8.5 of the Land Use Management Ordinance to clarify whether accessory apartments on the same lot as larger residential structures and incorporated into such structures qualify as conforming to the requirements of that Section.

BE IT FURTHER RESOLVED that the proposed modifications are referred to the Planning Board for comment.

This the 28^th day of May, 2003.

Item 10 - Appointments:

a. Historic District Commission. The Council appointed Benjamin Brody, Gaston Eubanks, Joan Guilkey, James Spencer, and Terri Swanson.

Council Members

Historic District Commission

Foy

Bateman

Evans

Harrison

Kleinschmidt

Strom

Verkerk

Ward

Wiggins

TOTAL

Benjamin Brody

AB-

Gaston Eubanks

Joan Guilkey

James Spencer

Terri Swanson

b. Library Board of Trustees. The Council appointed Jessica Kem and Robert Schreiner.

Council Members

Library Board of Trustees

Foy

Bateman

Evans

Harrison

Kleinschmidt

Strom

Verkerk

Ward

Wiggins

TOTAL

Cory Brooks

Martha O’Hara Conway

Virginia Franks

Leslie Johns

Jessica Kem

Gholam Mainuddin

Brandon Rector

Robert Schreiner

Brynda Smith

10c Northside Neighborhood Conservation District Advisory Committee. Deferred.

d. Public Arts Commission. The Council appointed Virginia Franks and Erica Rothman.

Council Members

Public Arts Commission

Foy

Bateman

Evans

Harrison

Kleinschmidt

Strom

Verkerk

Ward

Wiggins

TOTAL

Virginia Franks

AB-

Erica Rothman

SENT

e. Transportation Board. The Council appointed Eleanor Howe.

Council Members

Transportation Board

Foy

Bateman

Evans

Harrison

Kleinschmidt

Strom

Verkerk

Ward

Wiggins

TOTAL

Gary Barnes

Marie Eldridge

Gaston Eubanks

Eleanor Howe

Leslie Johns

R. L. Juliano

Gary Kayye

Jessica Kem

Christine Khoury

Brandon Rector

The meeting adjourned at 8:30 p.m.