SUMMARY MINUTES OF A BUSINESS MEETING
OF THE CHAPEL HILL TOWN COUNCIL
WEDNESDAY, MARCH 5, 2003, AT 7:58 P.M.
Mayor Foy called the meeting to order at 7:58 p.m.
Council members present were Flicka Bateman, Pat Evans, Ed Harrison, Mark Kleinschmidt, Bill Strom, Jim Ward, and Edith Wiggins.
Council Member Dorothy Verkerk was absent, excused.
Staff members present were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Town Attorney Ralph Karpinos, Assistant to the Manager Bill Stockard, Housing Director Tina Vaughn, and Town Clerk Joyce Smith.
Item 6 - Response to Petition from Women’s International League for
Peace and Freedom regarding Vigil at Franklin Street Post Office
Mr. Horton explained that the League had asked to be exempt from the requirement to reserve space 48 hours in advance of an event. They had also requested that the Franklin Street Post Office site become available to them even if another group had reserved it, he said. Mr. Horton described the Town's current policy as fair and effective in managing the use of the limited amount of downtown space that is set aside for such purposes. He added, though, that there are situations in which it might not be appropriate or possible to require 48 hours notice. Mr. Horton stated that there should be some opportunity to allow a non-profit, charitable organization to obtain space when an event has occurred that leads to a desire to demonstrate and when that event could not have been anticipated 48 hours in advance.
Mr. Horton recommended modifying the Town’s policy, but added that it was not reasonable to allow one group to force another group out because that would amount to a selection based on content. He recommended the 48 hours prior submittal requirement not apply when, in the judgment of the Mayor or Manager, the space is needed to hold a community observance in response to events of Town-wide concern or importance, when such events were either not expected or could not have been predicted 48 hours in advance. With regard to location, Mr. Horton said the Town would work with groups to find space that would accommodate the expected size of the crowd. He said none of this would be unduly cumbersome to work out.
Council Member Strom thanked Mr. Horton for responding quickly with a workable solution.
COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT R-1. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
A RESOLUTION CONCURRING IN CHANGES TO ADMINISTRATIVE PROCEDURES REGARDING USE OF TOWN STREETS AND SIDEWALKS (2003-03-05/R-1)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby concurs in the proposed changes to the Town’s Administrative Policies and Procedures Manual as outlined in the report of the Town Manager and Town Attorney to the Council of March 5, 2003, and directs that they be included as part of Policy 5.6(f) in said Manual.
This the 5th day of March, 2003.
Mayor pro tem Evans determined that the Manager and Police Chief had the authority and power to protect the public in circumstances where demonstrators might spill out onto the street. Mr. Horton pointed out that this had happened on numerous occasions in Chapel Hill and both the Town staff and Police Department know how to deal with it.
Council Member Wiggins noted that Women's International League for Peace and Freedom demonstrations do not usually spill out into the street.
Item 8 - Process for Joint Development of Southern Community Park
Mayor Foy reported that Resolution R-5 was an approval and construction process that had been worked out with the County Commissioners. The Town owns the land, he said, and a County bond would fund most of the Park development over the next few years. Mayor Foy explained that R-5 would establish a Project Planning Committee, composed of two Commissioners and two Council members, to oversee the hiring of a construction designer and to develop the Special Use Permit (SUP) application. The Committee would hash out whatever differences might occur between the County and Town before the SUP comes to the Council or the County Commissioners, he said. Mayor Foy pointed out that he and Council Members Bateman and Strom had worked to develop this process and would be glad to answer questions.
Council Member Wiggins moved R-5, with Council Member Bateman and Mayor Foy as Project Planning Committee members and Council Member Strom as an alternate. Council Member Ward seconded.
Mayor pro tem Evans noted that there were no citizens on the Committee. Council Member Strom pointed out that citizen input would come during the SUP process.
Mayor pro tem Evans asked if there was a Memorandum of Understanding regarding operation of parks that have been mutually funded. Mayor Foy, Mr. Horton, and Assistant Town Manager Sonna Loewenthal agreed that since it was the Town's park the Town would expect to operate it. Mayor pro tem Evans, intimating that she had heard differences of opinions about that, suggested making it clearer in the document before the Council adopts it.
Mayor Foy explained that the Committee had been designed to have a relatively simple interface between the two entities and that would not change the status of who owns the Park and who is financing it. He added that it does not matter whether it is a Town or a County bond because that does not change ownership of the Park and he did not see the point of making a change to this proposal for a process. Mayor Foy stressed that he and the other representatives had spent a year working this out with the Commissioners and there is no point in spending another year fine-tuning it.
Mayor pro tem Evans explained that she had heard a County Commissioner say that the Board wanted to have at least partial control over anything they invest in. Mayor Foy replied that partial control was exactly what they would have under this proposed process.
Council Member Strom commented that the County Commissioners' approval of this document would leave no ambiguity about how the project would be managed in the future. Given the language and the fact that the same language is before them, he said, he could see no reason for developing a Memorandum of Understanding.
Council Member Harrison recalled County Commissioner Barry Jacobs saying that he hoped the Commissioners would not do another park with County funding where they did not have some ownership. Mayor Foy replied that he could see Commissioner Jacobs' point, but the Town would also be developing the swimming pool, and nobody wants to take responsibility for that.
Mayor pro tem Evans mentioned the continuing search for a high school in the southern part of Town. There might be some transfer of land which might affect the dog park and the recreational field, she said. Mayor pro tem Evans wondered if passing this process proposal would affect consideration of that in the future. Mayor Foy and Mr. Horton replied that they understood that Rock Haven and Eubanks Road were the two sites under consideration. Mayor Foy added that it would be at least a year before there would be a SUP from the Council and that the policy was a year behind schedule as it is.
Mayor pro tem Evans ascertained that approving R-5 would not close out options. Mayor Foy stated that it moves the Town along on the concept plan, assuming the County Commissioners adopt a concept plan and the same process plan, and begins a year-long process.
Mayor pro tem Evans asked if the point of no return would still be when the first shovel of earth is turned, as Ms. Loewenthal had said when the Council adopted the plan. Council Member Wiggins replied that this had been settled when the Council took action to let the plan proceed. It would be unfair to citizens and to the School Board to hold out the possibility now that the Council might change the plan, and remarked that she did not understand what position Mayor pro tem Evans wanted the Council to take. Mayor pro tem Evans replied that she was trying to understand what position the document was putting the Council in. Council Member Wiggins said “it moves us forward”.
Mayor Foy agreed that the Town had already discussed this and was moving on with its plans for the Park while the School Board was moving on with their plans for the high school. The Council had indicated to the School Board that they were willing to work with them in any way they could, but, he said, that would not justify holding up the Town's continued efforts toward getting the park they had promised citizens they would build. Mayor Foy advised Council members to move forward in an orderly manner and to work with the Commissioners to get the Park accomplished. He emphasized that he was not in favor of reopening the debate, and the Council has an obligation to enter into this agreement that had been worked out with the Commissioners.
Council Member Ward, stating that R-5 sets a process for the Town and the County Commissioners, recommended moving forward with it. There might be requests for modification of the Concept Plan, he said, but that would be a separate issue.
Council Member Bateman pointed out that the process proposal had been a tough thing to negotiate. It had taken six months at one point, she explained, to get a response from one party with whom they were negotiating. Council Member Bateman called it a laborious, slow process, and said that it was the best they could do. She advised Council members to adopt the resolution.
Council Member Strom agreed that it had been a complicated and difficult conversation with the Commissioners, but the outcome had been good, and asked Council members to move forward. He reminded Mayor pro tem Evans that the Council had unanimously passed a resolution empowering Mayor Foy to stay engaged in conversations with the School Board and the County Commissioners and to help site a school in accordance with the wishes of the School Board.
Tom High urged Council members to keep an open mind with regard to sharing sites. He stated that there would be potential benefits to the Town in the parcel on the other side of Highway 15-501. Mr. High said that one study of urban high schools had found that they cost more even though they take up less space. He suggested that Council members engage in informal and friendly discussions with School Board members.
Council Member Wiggins asked if the Commissioners had the exact same wording before them. Mayor Foy replied that he understood that they did.
THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
A RESOLUTION ESTABLISHING A PROCESS FOR THE DEVELOPMENT OF THE SOUTHERN COMMUNITY PARK (2003-03-05/R-2)
WHEREAS, the Town of Chapel Hill has acquired a site and completed a conceptual plan for the Southern Community Park; and
WHEREAS, the Board of Orange County Commissioners has allocated $1 million of its 1997 Parks Bond and $2 million of its 2001 Parks Bond to be devoted to the development of the Southern Community Park; and
WHEREAS, a work group of elected officials from the Town and the County has worked for over a year to develop a process to ensure that the Town Council and the Board of Orange County Commissioners both have roles in the development of the park plans and its implementation;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the proposed Approval and Construction Process as presented this date is hereby adopted.
BE IT FURTHER RESOLVED that the Council appoints Mayor Foy and Council Member Bateman as members of the Project Planning Committee, and Council Member Strom as an alternate.
BE IT FURTHER RESOLVED that the Council respectfully requests the Board of County Commissioners to approve a complete capital project budget for the Southern Community Park, and that it include $140,000 in additional planning and design funds to be encumbered and expended now to carry the project through the Special Use Permit phase.
This the 5th day of March, 2003.
Item 9 - Consideration of Preliminary Design Options for Town Operations Center
Mr. Horton, referring to the memorandum summarizing the key points discussed at previous meetings, noted that there were two land development schemes before the Council. He recommended scheme #3 because it is compact and keeps development primarily in the southern portion of the site. Mr. Horton noted the potential for a very troubling and time-consuming discussion of any development in the northern part of the site. He suggested reserving that land for any unknown need the Town might have in future years. Mr. Horton described the northern site as more generous. It consumes more space and would allow better stormwater management features from the standpoint of using natural facilities, he said, but pointed out equivalent facilities could be built on the southern site that would be workable.
Mayor Foy noted that Council members had seen the presentation and had discussed it in detail.
Mayor pro tem Evans asked when the decision had been made to relocate the Engineering Department and the Housing Maintenance Divisions to this location. Mr. Horton replied that no decision had been made but he had created a placeholder for other operations. He said the Council would ultimately make these decisions, and he had merely recommended that such considerations be taken into account during the planning process.
In response to a question by Council Member Harrison regarding potential problems with relocating the Engineering Department, Mr. Horton explained that changes in organizational structure, technology, and approach might be required. He could not determine right now exactly what would go into those little blocks of space, he said. Mr. Horton recommended staying flexible so that the building could adapt to long-term Town needs.
Council Member Bateman asked about the request to sell a portion of land to the Animal Protection Society (APS). Mr. Horton explained that the APS had met with County Manager John Link regarding the northern end of the site and was looking at another site as well. He emphasized that the staff had not promised that the Council would take any particular action on that. Mr. Horton said the staff had made it clear that they had no authority to make any commitment other than to share information.
COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT R-3A. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
A RESOLUTION DIRECTING THAT THE PLANNING OF THE TOWN OPERATIONS CENTER FOCUS ON SCHEME 3, THE SOUTHERN OPTION (2003-03-05/R-3a)
WHEREAS, the Town has hired consultants to develop a needs assessment, site analysis, conceptual plan and cost estimate for the Town Operations Center on Millhouse Road; and
WHEREAS, the consultants have, working with Town staff, completed the needs assessment and a set of draft design criteria; and
WHEREAS, the consultants have, working with Town staff, conducted an intensive 4-day design workshop; and
WHEREAS, said design workshop included the development of six design schemes, followed by focus on and refinement of two of these schemes; and
WHEREAS, each of the two design schemes has advantages and disadvantages;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Manager is authorized to pursue a conceptual plan for the Town Operations Center consistent with Scheme 3, the Southern Option.
This the 5th day of March, 2003.
Item 10 - Proposed 2003-2004 Operating Budget for the Public Housing Program
Mr. Horton pointed out that Housing Director Tina Vaughn had previously made a presentation to the Council regarding the Housing Department’s budget.
COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT R-4. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
RESOLUTION R-4, HOUSING DEPARTMENT BUDGET, GOES HERE.
(Note: This resolution is in HUD format and was not provided electronically. It will be included in the minutes when they are prepared for adoption, scheduled for the April 28 business meeting.)
Item 11 - Appointments
The Council agreed by consensus to defer appointments to the March 24, 2003 Business Meeting.
Item 12 - Petitions
12a. By the Mayor and Council Members.
COUNCIL MEMBER KLEINSCHMIDT MOVED, SECONDED BY COUNCIL MEMBER HARRISON, TO DESIGNATE JANET KAGAN AS THE OFFICIAL REPRESENTATIVE FROM THE PUBLIC ARTS COMMISSION TO THE TOWN OPERATIONS CENTER DESIGN REVIEW COMMITTEE. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
COUNCIL MEMBER BATEMAN MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ASK THE MANAGER TO BRING BACK A REPORT DETAILING WHAT NEEDED TO BE DONE TO PROVIDE BUS SERVICE TO CHAPEL HILL HIGH SCHOOL, AND TO EXTEND BUS SERVICE CURRENTLY PROVIDED TO EAST CHAPEL HILL HIGH SCHOOL. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, TO REQUEST A REPORT REGARDING MIXED USE PERCENTAGES REGARDING THE MARRIOTT SPECIAL USE PERMIT. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
Before discussing the next item, Mayor Foy explained that he and the Manager had discussed the issue of citizens ceding their time to others at public hearings. They had concluded that those who want to make organized presentations should arrange that in advance with the Mayor's office, he said. Mayor Foy offered to discuss this decision with any Council members who had questions about it.
Council Member Ward wondered what would be gained by the change. Mr. Horton replied that ceding time was contrary to the Town's current policies.
Mayor Foy pointed out that it is much easier to plan a meeting if everyone knows how much time people will need. He added that it would be good to manage this better so that the Council could better control the length of meetings.
Mr. Horton explained that what they were suggesting was the way it had been done in the past. He pointed out that allowing citizens to cede time can allow some to take advantage of it by, for example, signing 20 people up in order to get 60 minutes.
Council Member Wiggins said she applauded the Mayor's attempt to work with the Manager regarding the Council's time. She asked them to come back with any recommendations that would more consistently allow the Council to end its meetings by 10:30 p.m.
Council Member Strom recommended being flexible. Mayor Foy replied that they would do so always and would not be heavy-handed.
Council Member Wiggins proposed perhaps separating public hearings from Council discussions and holding them on separate nights.
12b. By the Manager and Attorney.
12b(1) Suggestion to Re-Calendar an Agenda Item.
Mr. Horton suggested recalendaring Item 12b(1), relating to recent Council discussion of Chapel Ridge Apartments, because not all interested parties had been notified.
COUNCIL MEMBERS AGREED BY CONSENSUS TO RECALENDAR ITEM 12B(1) TO MARCH 24, 2003.
The meeting adjourned at 8:50 p.m.