SUMMARY MINUTES OF A PUBLIC FORUM AND HEARING

OF THE CHAPEL HILL TOWN COUNCIL

MONDAY, FEBRUARY 2, 2004, AT 7:00 P.M.

(Rescheduled from January 28, 2004, due to Weather)

 

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

 

Council members present were Sally Greene, Ed Harrison, Cam Hill, Mark Kleinschmidt, Dorothy Verkerk, Jim Ward, and Edith Wiggins.

 

Council Member Bill Strom was absent, excused.

 

Staff members present were Acting Town Manager Florentine Miller, Assistant Town Manager Bruce Heflin, Town Attorney Ralph Karpinos, Planning Director Roger Waldon, Transportation Planner David Bonk, Senior Long Range Planning Coordinator Chris Berndt, and Town Clerk Joyce Smith.

 

Items Carried Forward From January 28, 2004 Business Meeting:

 

Item 4g - Response to Petition from Sunrise Coalition:

Potential Habitat Development and I-40 Noise

 

Planning Director Roger Waldon explained that the Council's packet included a staff response to a petition from the Sunrise Coalition in response to an earlier staff report, which had been a response to another Sunrise Coalition petition brought on September 8, 2003.  This has been a "rolling topic," he remarked, adding that the issue was noise generated by traffic along I-40 both now and in the future.

 

Mr. Waldon told Council members that the staff had concluded earlier in the year that any further widening of I-40 would have to be accompanied first by a renewed study of the noise impact on adjacent properties.  In response to the Sunrise Coalition's first petition, the Manager had recommended that the Council adopt a resolution asking the regional Metropolitan Planning Organization (MPO) to ensure that the State performs new noise studies before funding is provided or authorization given for future widening of I-40.  Members of the Sunrise Coalition have come back to the Council tonight with comments about that report from the Manager, Mr. Waldon said.

 

Sandra Cummings, speaking on behalf of the Sunrise Coalition, stated that the Manager's resolution had addressed issues in the future but did not examine what was happening between the present and the actual road widening.  The Coalition possessed official government documents that include a "categorical exclusion" by the North Carolina Department of Transportation (NCDOT) and the Federal Highway Administration (FHWA), she said.  On behalf of the Sunrise Coalition, Ms. Cummings asked the Town Council to use the existing documents and develop a policy that would apply to all development in the area.

 

Sunrise Coalition Member Rob Nelson stated that when the Coalition agreed to drop their request to have Habitat for Humanity perform noise studies before developing their project on Sunrise Road, they had requested that the Town take on the responsibility for doing so.  He explained that the Coalition could not respect the resolution before the Council because it does not address their June petition to develop a policy of noise analysis and abatement for all future development along the I-40 corridor.  Mr. Nelson argued that dealing with noise abatement on a project-by-project basis, as the staff had recommended, would not be good public policy.  Doing so would not be compatible with the Land Use Management Ordinance's (LUMO's) support for the notion of a comprehensive and rational review of all development, he said.  Mr. Nelson stressed the Sunrise Coalition's belief that the Town needed a policy or ordinance that addresses noise for the entire I-40 corridor. 

 

Doug Schworer expressed support for a policy or ordinance for the entire I-40 corridor similar to that which the Town already has for the Resource Conservation District (RCD).  He argued that every developer along that corridor should be treated similarly and that there should be no guesswork regarding what can or cannot be built in certain areas based on noise level.  Mr. Schworer recommended using the "categorical exclusion," which had been jointly published by the FHA and NCDOT, as the basis for determining a policy and ordinance.

 

Mayor Foy clarified that the MPO had not agreed to fund the widening of I-40 from U.S. 15-501 westward.  It is not a coincidence that the widening stops at U.S.15-501, he said, because that's where Orange County begins.  Mayor Foy emphasized that Chapel Hill and Orange County had not agreed to the widening and that he did not know if and when they would.  The petition before the Council was asking them not to adopt a resolution that would endorse the noise study but to take another action instead, he pointed out. 

 

Council Member Ward inquired about the financial, time, and process differences between the Manager's recommendation and the petitioners' request. Town Transportation Planner David Bonk agreed with Mayor Foy's assessment of the project's status.  The MPO had made it clear that they were uncomfortable approving any widening of I-40 from the Durham Freeway to I-85, he said.  Mr. Bonk acknowledged that the MPO had approved the funding for widening from U.S. 15-501 westward, but explained that they had made it clear to NCDOT that approval of widening throughout Orange County would be contingent upon more progress on the High Occupancy Vehicle (HOV) project and a new noise study. 

 

Council Member Ward asked if the MPO had any real leverage.  Mr. Bonk replied that they could refuse to approve that project in the Transportation Improvement Program, and then no funding would be expended for it.  Mr. Bonk explained that there had been no proposal from NCDOT to fund a road widening from U.S. 15-501 to I-85.  Until they do, there is no reason to revisit that noise study, which must precede construction funding, he said.  There is a shelf life of such studies, Mr. Bonk pointed out, so if NCDOT proposed a road widening then the earliest it could occur would be 2012.

 

Mayor pro tem Wiggins asked Mr. Waldon how development of policy guidelines for noise, such as the petitioners had requested, would be incorporated in the LUMO.  Mr. Waldon replied that it was not a LUMO issue, but was a Land Use Plan issue. Mayor pro tem Wiggins asked whether or not policies relating to noise along major corridors would fit.  Mr. Waldon replied that he was not sure it would.  But, speaking hypothetically, he said, you could say that a piece of land too close to an interstate highway could not be developed.  Mr. Waldon commented that he was not sure how an ordinance would be constructed that would prohibit building on a property if decibel levels were above a certain level.

 

Mayor pro tem Wiggins stated that she was trying to understand what the petitioners were requesting and whether it would be useful to the Town or would create problems.  Town Attorney Ralph Karpinos replied that he was not sure what use such an ordinance would have.  He was leaning more toward the idea of dealing with the issues as applications come in, he said. 

 

Council Member Ward asked for more specifics on what could presently be required.  Mr. Waldon explained that there already were 100-foot buffer requirements along I-40.  The Council could consider expanding that, he said, but noted that doing so would make other properties within the 100-foot buffer nonconforming.  The Town could also rezone all of the undeveloped properties along I-40, Mr. Waldon pointed out. 

 

Council Member Harrison explained that "categorical exclusions" means that NCDOT is telling the FHA that the project should be excluded from any kind of significant environmental review because it has no significant impact.  He noted that there would be noise impact, but not until the highway was widened and that such a widening had not been agreed upon.  The petitioners had mentioned both a policy and an ordinance, he said, pointing out that the two differ from each other.  Council Member Harrison said that this would not come under the LUMO because it would not be generated by an applicant to the Town.  After hearing tonight's discussion, he said, he had concluded that the best way to approach the issue was application by application.

 

Mayor Foy outlined the Council's options:  to adopt R-1, which would seek a noise study prior to any approval for widening of I-40; to do nothing; or, to take other action with regard to developing a policy, ordinance, or further review of the matter.

 

COUNCIL MEMBER WARD MOVED R-7, ARGUING THAT THE ORDINANCES IN PLACE COULD PROTECT EXISTING HOMEOWNERS THROUGH THE SUP PROCESS, WHICH, AS IT STANDS, CAN REQUIRE NOISE ABATEMENT.  COUNCIL MEMBER KLEINSCHMIDT SECONDED THE MOTION.

 

Council Member Harrison proposed an amendment to include the second sentence in the second part of the resolution.  Council Members Ward and Kleinschmidt accepted the amendment.

 

COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER KLEINSCHMIDT, TO ADOPT R-1, AS AMENDED BY COUNCIL MEMBER HARRISON TO SAY, "BE IT FURTHER RESOLVED THAT THE TOWN COUNCIL INTENDS TO CONSIDER NOISE ANALYSIS AND ABATEMENT ISSUES AT PUBLIC HEARINGS FOR ALL DEVELOPMENT APPLICATIONS THAT ARE PROPOSED IN THE I-40 CORRIDOR."  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

MAYOR PRO TEM WIGGINS MOVED A FRIENDLY AMENDMENT TO REFER THE PETITION TO THE TRANSPORTATION BOARD AS WELL, AND COUNCIL MEMBER HARRISON SECONDED.

 

Council Member Kleinschmidt asked for clarification on what exactly the Council would be asking of the Transportation Board.  Mayor Foy replied that the Town had more than one corridor and there might be some way in which those corridors have common interests.  The Transportation Board might have an idea that bears further scrutiny, Mayor Foy said.

 

MAYOR PRO TEM WIGGINS MOVED, SECONDED BY COUNCIL MEMBER HARRISON, TO AMEND THE PREVIOUSLY ADOPTED MOTION TO REFER THE PETITION TO THE TRANSPORTATION BOARD AND TO ADD "BE IT FURTHER RESOLVED THAT THE TOWN COUNCIL ASKS THE CHAPEL HILL TRANSPORTATION BOARD TO LOOK AT CORRIDORS IN TOWN WHERE THERE COULD BE PROBLEMS WITH TRAFFIC NOISE FROM THE ROADS, INCLUDING INTERSTATE 40, U.S. 15-501, HIGHWAY 54 AND OTHER MAJOR CORRIDORS, AND TO OFFER COMMENTS TO THE TOWN COUNCIL.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

 

A RESOLUTION ENDORSING A NEW NOISE STUDY TO BE PERFORMED BY THE STATE ALONG THE INTERSTATE-40 CORRIDOR IN CHAPEL HILL (2004-02-02/  R-1)

 

WHEREAS, the Town Council has received a petition from the Sunrise Coalition regarding noise issues along the Interstate-40; and

 

WHEREAS, the Town Council believes that it would be beneficial for additional studies of noise impacts associated with future widening of Interstate-40 to be conducted prior to approval of funding for such widening; 

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town hereby encourages the Durham-Chapel Hill Metropolitan Planning Organization to work with the North Carolina Department of Transportation to assure that new noise studies are performed by the State along the Interstate-40 corridor in Chapel Hill, prior to any approvals for funding a widening of the road.

 

BE IT FURTHER RESOLVED that the Council requests Mayor Foy to bring this issue to the attention of the Metropolitan Planning Organization.

 

BE IT FURTHER RESOLVED that the Council intends to consider noise analysis and abatement issues at public hearings for all development applications that are proposed in the I-40 corridor.

 

BE IT FURTHER RESOLVED that the Council asks the Chapel Hill Transportation Board to look at corridors in Town where there could be problems with traffic noise from the roads, including Interstate 40, U.S. 15-501, Highway 54 and other major corridors, and to offer comments to the Town Council.

 

This the 2^nd day of February, 2004.

 

 

Item 8 - Durham-Chapel Hill-Carrboro Draft 2030

Regional Socioeconomic Projections

 

Mayor Foy asked Mr. Bonk if he had made any changes since the last Council discussion of these projections.  Mr. Bonk replied that the memo before the Council was an attempt to answer questions raised the night of the public forum.  It also presents updated information, including separate totals and answers to questions about growth in Carrboro and Chatham County, he said.  Mr. Bonk expressed confidence that regional and local projections were the best that could be made given the available information.  These projections should be included in the process of developing the 2030 Regional Transportation Plan, he said.  Mr. Bonk explained that R-9 would adopt the projections for Chapel Hill and forward them to the Transportation Advisory Committee (TAC) for use in the 2030 Plan.

 

Mayor Foy noted that Chatham County anticipated a 140% increase in the number of dwelling units, or 17,000 new units.  And this is only in the northern portion of Chatham County, he pointed out.

 

Council Member Hill commented on the projection of 35,000 new people with only 3,000 new jobs in Chatham County.  He noted he was the Council's liaison to the Orange-Chatham Work Group, and asked for guidance on how to organize that.  Mayor Foy replied that Council Member Harrison had jump-started the Chapel Hill-Durham Work Group when he was new on the Council, and suggested getting tips from him.  Mayor Foy also offered the help of his assistant, Emily Dickens, to get things started. 

 

Council Member Ward suggested combining the two work groups into a Chatham-Orange-Durham Work Group because there is common interest.  Council Member Harrison disagreed, arguing that the Chapel Hill-Durham issues already were too complicated.

 

Mayor pro tem Wiggins suggested arranging a dinner with the Chatham County Commissioners.  She recalled having done that six or seven years ago.  They could discuss common issues and perhaps identify people for a work group, Council Member Wiggins said. 

 

Mayor Foy noted that the other "glaring issue" in the socioeconomic projections was Carolina North.  Mr. Bonk had done his best on that, Mayor Foy said, given the public data and the information he had been able to get from UNC on its current situation.

 

COUNCIL MEMBER GREENE MOVED, SECONDED BY COUNCIL MEMBER VERKERK, TO ADOPT R-2.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

 

A RESOLUTION APPROVING THE 2030 CHAPEL HILL SOCIOECONOMIC DATA FOR USE IN THE PREPARATION OF THE 2030 DURHAM-CHAPEL HILL-CARRBORO REGIONAL TRANSPORTATION PLAN (2004-02-02/R-2)

 

WHEREAS, the Durham-Chapel Hill-Carrboro Urban Area has begun preparation of a 2030 Regional Transportation Plan; and

 

WHEREAS, the draft Transportation Advisory Committee has prepared draft 2030 Socioeconomic projections; and

 

WHEREAS, the Transportation Advisory Committee has opened a public comment period on these draft Projections; and

 

WHEREAS, the Council has reviewed the 2030 projections;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves the corrected 2030 Chapel Hill socioeconomic projections for use in the Durham-Chapel Hill-Carrboro 2030 Regional Transportation Plan and transmits them to the Transportation Advisory Committee for use in the 2030 Regional Transportation Plan.

 

This the 2^nd day of February, 2004.

 

 

PUBLIC FORUM AND HEARING ON THE BUDGET AND RELATED ITEMS:

 

Item 1 - Initial Public Forum on the Annual Budget and Related Items

 

Acting Town Manager Florentine Miller noted that citizens would have opportunities at two other forums (March 24 and May 12, 2004) to provide comments and ask questions regarding the proposed budget.  Citizens may also do so by FAX, email, and telephone, she said.

 

Ms. Miller summarized the Manager's memo and addressed the budget items individually.  She encouraged citizens to comment on potential legislative proposals and said that the staff had already received proposals regarding the upcoming legislative session. Ms. Miller recommended that the Council refer comments and questions to the advisory boards, commissions, and the Manager for consideration in the upcoming budget process.  She and Interim Finance Director Kay Johnson were available to answer questions, Ms. Miller said. 

 

Library Board Chair Bob Schreiner pointed out that the recent successful passage of the library bond would provide funds for Library expansion.  The Board would continue with pre-construction planning, including the engineering and architectural processes, and will need allocations for that in 2004-05 as well as 2005-06, he said   Mr. Schreiner explained that the Board would need the bulk of money for construction in 2006-07.  He reminded Council members that construction costs are not fixed, however.  The Board will ask for a one-time allocation to expand the collection in 2007-08, Mr. Schreiner said.  With regard to the technological improvements, he reported that the online catalogue system was already underway. 

 

Mayor Foy asked Mr. Schreiner if the Library Board would be asking for a specific amount of money.  Mr. Schreiner replied that the Library staff would propose an amount.  The Board had discussed $200,000 to get started with engineering and architectural work, he said, but emphasized that the Library staff would determine the exact amount needed.   

 

Orange Community Housing and Land Trust (OCHLT) Director Robert Dowling said that OCHLT did not have a project underway but did have several opportunities to reduce the prices of homes being built by private sector developers.  All of those homes would be in the Land Trust, he said, so all of them would be permanently affordable as a result of policies enacted by the Town Council and the Carrboro Board of Aldermen.  

 

Mr. Dowling asked for $100,000 in Community Development Block Grant (CDBG) funds to subsidize 10 homes in Vineyard Square, making them affordable to people at 80% of median income.  He requested HOME funds to reduce the prices of seven townhomes in the Pacifica development in Carrboro, which would bring the price of those down for people below 80% of median income.  Mr. Dowling also requested $100,000 in HOME funds to partially subsidize the purchase of homes at preferential prices at Twin Magnolias and Winmore.  OCHLT would attempt to get Orange County bond funds to further subsidize those, he said.  Mr. Dowling commented that it was to everyone's advantage to have affordable homes in the Land Trust scattered throughout Orange County.

 

Mr. Dowling pointed out that the Habitat Sunrise development probably would require a good bit of subsidy.  Habitat for Humanity had indicated an interest in working with the Land Trust to include different socioeconomic levels of homes in that development, he said.  Mr. Dowling expressed hope that there would be CDBG or HOME funds available to support that request, which would be a good opportunity for affordable housing, he said. 

 

Council Member Harrison asked why Chapel Hill was being asked for funds for Carrboro projects such as Pacifica, Winmore and Twin Magnolias.  Mr. Dowling replied that the HOME Consortium consisted of Orange County, Hillsborough, Carrboro and Chapel Hill and would make recommendations to each elected body.  Council Member Harrison verified that Mr. Dowling would make the same request to Carrboro and Orange County. 

 

Council Member Kleinschmidt ascertained that during negotiations with the developer the Council had allowed Vineyard Square to sell $115,000 homes to people above 80% a certain number of days after they get Certificates of Occupancy.  He pointed out that this just barely meets the Town's requirement for affordable housing and ascertained that they are allowed to go to 90%, if they haven't sold below 80%, and can later go to 100% later on.  Council Member Kleinschmidt stressed the importance of selling all of them to people below 80%.

 

Council Member Ward verified that the Vineyard Square homes would be affordable in perpetuity to people below 80% of median once they have been subsidized.  With regard to a question from Council Member Ward about 16 Greenways Condominiums at Meadowmont, Mr. Dowling outlined two different price points and explained that 10 of the 16 were subsidized and affordable to 80% of the median income.  The other 10 were not subsidized and never would be, Mr. Dowling said.

 

Affordable Rentals Director Alex Asbon explained that his organization had successfully completed the acquisition of another affordable unit at Tyler Creek Condominiums using 2003-04 CDBG funds.  This is another step toward providing affordable rentals to people earning 30-50% of the local median income, he said.  Mr. Asbon told the Council that Affordable Rentals had acquired nine rental units in 2003 using a combination of HOME funds and conventional financing.  They were working to create more affordable rentals using 2004-05 CDBG and HOME funds, and they intend to submit full proposals for these projects, Mr. Asbon explained.

 

Project Director Nerys Levy asked Council members to support the Eighth Annual Community Dinner to be held in February 2005.  She listed many local sponsors and described their participation as a testimony to the multicultural goodwill of a large segment of this very diverse community.  Ms. Levy noted that the monetary and material support that the group obtains each year had enabled it to include people who might otherwise not be able to attend for financial reasons.  She described the dinner as a major community-building activity and asked Council members to support it again with a performance agreement of $500 for 2005.  Ms. Levy urged the Council to attend the dinner on February 8, 2004.

 

Habitat for Humanity Director Susan Levy discussed Habitat's request for CDBG funds and possibly Housing Trust funds.  Habitat would be sending a formal request to the Council for the development on Sunrise Road, she said.  Ms. Levy explained that Habitat had requested $40,000 last year.  The Town Council had recommended holding off on that until the Mayor's Committee had developed goals and guidelines for developing the Sunrise property, she said.  Ms. Levy noted that the Council had adopted those guidelines in May 2003 and that one recommendation had been that Habitat sponsor a workshop, involving the neighborhood, to consider possible designs prior to submitting a concept plan.  Habitat had done that in October 2003, she said, and would be holding a follow-up workshop on February 26, 2004.

 

Ms. Levy stated that Habitat would schedule meetings to obtain feedback from neighbors and then develop the concept plan for submittal in April or May 2004.  At that time, they would request 2004-05 CDBG funds as well as Housing Trust funds to assist with engineering and design costs, Ms. Levy said.  In addition, Habitat for Humanity would submit a request for CDBG funds for a portion of the infrastructure construction that they expect to begin in the fall of 2005, she explained. Ms. Levy said that Habitat anticipates requesting about $500,000 in CDBG funds over the next two years to help with infrastructure costs.  She stated that Habitat had been discussing a possible partnership with OCHC to provide affordable homeownership for a mix of income levels up to 80% of the median.

 

Developer Tom Tucker pointed out that he had supported the Habitat project on Rogers Road.  At that time, he said, he had explained that he owned a piece of property adjacent to that development.  Mr. Tucker requested funds for the pre-engineering and implementation costs of extending sewer from the Habitat development to Purefoy Road.  Doing so would make sewer available to at least 15-30 residents on Purefoy Road, he explained.  Mr. Tucker also expressed concern, on behalf of business and property owners on West Rosemary Street, about the lack of services they receive from the $70,000 that they contribute each year to the Downtown Service District.  Mr. Tucker argued that West Rosemary Street should be entitled to the same streetscaping, signage, sidewalks, monitors, and other features that one sees on the 100 block of Franklin Street.  West Rosemary Street represents the future of Downtown, Mr. Tucker remarked.   

 

Mayor Foy explained that the Council had appointed him and Town Manager Cal Horton to work with a task force comprised of representatives from the Downtown private sector and UNC to create a plan for the Downtown and determine how to fund it.  Mayor Foy outlined the process, which will include hiring consultants and bringing proposals back to the Council and UNC's Board of Trustees.

 

Mayor pro tem Wiggins verified that the planning does include Rosemary Street.  "Tom Tucker is right," Mayor Foy said.  He stressed that the task force was not ignoring West Rosemary Street.  

 

Mayor pro tem Wiggins inquired about Mr. Tucker's request to extend the Habitat sewer line.  Mayor Foy replied that Mr. Tucker's comments would be referred to the Manager and Attorney.  He pointed out that the Council had agreed at its planning retreat to pursue the idea of a small area plan in that area for precisely the reason Mr. Tucker had mentioned.  "We're on the same track," said Mayor Foy.

 

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

 

The meeting adjourned at 8:20 p.m.