SUMMARY MINUTES OF A BUSINESS MEETING

OF THE CHAPEL HILL TOWN COUNCIL

MONDAY, SEPTEMBER 27, 2004, AT 7:00 P.M.

 

 

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, Bill Strom, Dorothy Verkerk, Jim Ward, and Edith Wiggins.

 

Staff members present were Town Manager Cal Horton, Deputy Town Manager Florentine Miller, Assistant Town Manager Bruce Heflin, Town Attorney Ralph Karpinos, Town Information Officer Catherine Lazorko, Senior Long Range Planning Coordinator Chris Berndt, Transportation Planner David Bonk, Planning Director Roger Waldon, Traffic Engineer Kumar Neppalli, Engineering Director George Small, and Town Clerk Joyce Smith.

 

Item 1- Ceremony: Recognition of Freedom House Recovery Center

 

Mayor Foy introduced Freedom House Director Trish Hussey who discussed the Center's detoxification and stabilization programs and half-way house services for those addicted to alcohol and other drugs.  Ms. Hussey said that Freedom House serves more than 1,200 people per year. They were forming a partnership with Habitat for Humanity to build two new buildings, she explained, and had recently started an intensive outpatient program.  Ms. Hussey invited Council members to visit Freedom House's five-acre campus and thanked them for their support.

 

Item 2 - Public Forum on the Financial Feasibility Analysis Report for

Development of Town Parking Lots 2 and 5 and Related Sites

 

Mr. Horton stated that Consultant John Stainback, of Stainback Public-Private Real Estate (SPPRE), had presented the Committee with this report earlier in the day.  Committee members and citizens who had attended the two-hour meeting had asked many questions, Mr. Horton stated.  He then introduced Senior Long Range Planning Coordinator Chris Berndt to provide background information.

 

Ms. Berndt noted that the Town Council had been working on this project since 1997 and had been under contract with SPREE since November 2003 for assistance with defining Town goals.  She listed the key steps in the process and pointed out that the Council had reached the financial analysis stage based on its adopted master plans.  Ms. Berndt reported that the staff's recommended next steps were to refer the report to the Downtown Chapel Hill Economic Development Corporation and the Downtown Commission for comment.  She recommended that the Council revise the schedule and decide on October 27, 2004, whether or not to go ahead with soliciting qualifications and technical proposals from developers. Ms. Berndt told Council members that the Council Committee had discussed holding additional meetings with neighborhood and downtown groups.

 

Mr. Stainback stated that the project appeared to be financially feasible on both the private and public side.  He gave a brief overview of the nine-part presentation that he had given to the Council Committee earlier in the day.  That presentation included the following:

 

        Additional Project Information

        Total Building Program

        Overview of Finance Model Assumptions

        Summary of Finance Model Assumptions

        Financial Sensitivity Analysis for Phase 1 Developments

        Recommended Public/Private Finance Plan

        Schedule for Sources and Uses of Funds

        Summary of Non-tax Income and Tax Revenue to Town

        Recommendation to Council Committee.

 

Based on the completion of the Financial Analysis, the Financial Sensitivity Analysis and the Public/Private Finance Plan, SPPRE was recommending that the Council Committee proceed to the Developer Solicitation and Selection Process, Mr. Stainback said.

 

Mayor Foy pointed out that the Council Committee had received a thick notebook of documentation as part of the presentation.

 

Council Member Strom, Committee Chair, pointed out that the Committee would meet again prior to the October 11th Council Business Meeting.  They had requested additional information from Mr. Stainback and would continue to examine the numbers, he said.  Council Member Strom pointed out that there would be another opportunity for public comment on October 11, 2004.  There would also be a meeting during the latter part of October or in November, with downtown neighborhoods, UNC, and interested businesses, he said.

 

Lynne Kane commented that inexpensive parking was important to many citizens and that the suggested $1.00/hour fee seemed acceptable.  She was interested in downtown revitalization because of the need to have goods and services available in Chapel Hill, she said.  Ms. Kane also noted the importance of having business and sales tax income so that the cost of services would not fall totally on homeowners.  She remarked on the benefit to the Town of having a vital mix of housing and businesses downtown and congratulated the Committee on moving steadily forward. 

 

Aaron Nelson, director of the Chapel Hill-Carrboro Chamber of Commerce, praised the Council for continuing to analyze this project in a thoughtful and deliberate way.  He expressed support for any development, public or private, that lives up the community's goal of smart, sustainable development.  Mr. Nelson highlighted the importance of allowing additional time for citizens and business owners to examine the financial models that Mr. Stainback had presented.  The Chamber was excited about the project, he said, but they would at times raise concerns or questions about sufficient parking, timing of construction, and ways to minimize or eliminate harm to existing businesses.  Mr. Nelson expressed hope that citizens and others who hear the Chamber's concerns would not confuse them with lack of enthusiasm for the project.  The Chamber is sincerely interested in helping to create the most successful project possible in the most supportive and thriving environment for the current businesses and the future inhabitants of the projects, Mr. Nelson said.

 

Former Council member and UNC Planning Professor Emeritus David Godschalk stated that he was "constructively skeptical" of the proposed project.  He questioned whether citizens truly understand the scale of it and if those who had been working with it fully grasp the potential contingencies of the financing plan and its associated assumptions.  Mr. Godschalk noted that he had supported "Rosemary Square" several years ago.  He wondered where those who had thought that project was too big had gone.  Rosemary Square would have been much smaller than the project under discussion tonight, he pointed out.

 

Mr. Godschalk advised Council members to address the traffic impacts.  He asked if market studies had taken other "relatively optimistic" market studies into account, such as that for Carrboro.  Mr. Godschalk pointed out that stormwater management issues would arise.  He expressed concern about the appearance of the buildings, describing them as bulky, institutional, and "non-Chapel Hillian." There had not been an overall plan for the entire downtown, Mr. Godschalk said, adding that a good planner would look at the whole small area.

 

COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER STROM, TO REFER TONIGHT'S COMMENTS TO THE MANAGER AND COUNCIL COMMITTEE.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

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

 

 

A RESOLUTION INVITING COMMENT ON THE FINANCIAL FEASIBILITY REPORT ON DEVELOPING LOTS 2 AND 5 AND RELATED SITES (2004-09-27/R-1)

 

WHEREAS, on June 14, 2004, the Council adopted a resolution outlining recommended development options to use as a conceptual guide by consultant John Stainback and the Council in determining the financial feasibility of the building program for Town Parking Lots 2 and 5 and the Wallace Parking Deck; and

 

WHEREAS, on June 14, 2004, the Council authorized proceeding with the financial feasibility analysis phase; and

 

WHEREAS, on August 25, 2004, the Council Committee on Lots 2 and 5 received the consultant’s initial report on financial feasibility and discussed potential scenarios for developing the sites; and

 

WHEREAS, on September 13, 2004, the Council Committee and Council reviewed Mr. Stainback’s revised draft financial feasibility report; and

 

WHEREAS, on September 13, 2004, and September 27, 2004, the Council held public forums on the Financial Feasibility Report; and

 

WHEREAS, additional time for public comment would provide the Council, citizens, and staff additional time to explore and test the assumptions in the Draft Cost Estimate and Financial Analysis Report;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council invites comment from the Chapel Hill Downtown Economic Development Corporation and the Downtown Commission on the Draft Cost Estimate and Financial Analysis Report by October 27, 2004.

 

BE IT FURTHER RESOLVED that the Council schedules consideration of whether to proceed with the developer solicitation and selection phase for October 27, 2004.

 

This the 27th day of September, 2004.

 

 

Mayor Foy suggested moving Agenda Item 13a forward and including it in Item 3b.  He pointed out that five citizens had signed up to speak on 13a.  Council members agreed by consensus.

 

Item 3 - Petitions by Citizens and Announcements by Council Members

 

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

 

3a(1). George Lensing, President of the Inter-Church Council Housing Corporation, requesting a waiver of fees for garbage collection.

 

UNC English Professor George Lensing explained that the Inter-Church Council Housing Corporation owns low-rent housing units at Elliot Woods and Chase Park in Chapel Hill.  These 78 units, built 24 years ago, operate on a tightly managed budget so that rents can remain in the upper $300 to lower $400 range, he said.  Mr. Lensing pointed out that 39 of the units were Section 8 apartments.  He asked the Town Council to waive a newly imposed charge of about $800 per year for garbage collection.

 

Mayor Foy noted that if this fee was on the Corporation's property tax bill then Orange County had imposed it. Mr. Lensing replied that the fee was for garbage pickup.  Mayor Foy recommended referring it to the Manager.

 

Council Member Harrison established the location of Chase Park near the Highway 54 Bypass.  He remarked that it might be located in Carrboro.  Mayor Foy suggested letting the staff sort that out. 

 

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


3a(2).   Transportation Board, regarding revision of the Taxicab Ordinance.

 

3a(3). Transportation Board, regarding westbound lane of access road on south side of Highway 15-501 being made "right turn only."

 

3a(4). Transportation Board, regarding evaluating feasibility of making intersection of Meadowmont Parkway and Cedar Club circle a four-way stop.

 

George Cianciolo, representing the Transportation Board, summarized petitions 3a(2), 3a(3) and 3a(4) and requested that the Council consider them.   

 

COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER VERKERK, TO RECEIVE AND REFER ALL THREE PETITIONS FROM THE TRANSPORTATION BOARD TO THE MANAGER AND ATTORNEY.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).  

 

Item 13 - Petitions

 

13a(1).  Council Member Cam Hill: Consideration of Banning Gas Powered Leaf Blowers within the Town Limits.

 

Council Member Hill read his petition asking the Town Council to consider banning the use of gasoline powered leaf blowers within the Chapel Hill city limits.  He noted that other counties throughout the US had done so, naming Los Angeles County, CA in particular.  Council Member Hill stated that leaf blowers were a threat to public health and safety.  He said that the purpose of his petition was to start a discussion about banning, limiting or restricting their use.  A number of constituents had spoken to him about the noise, dust, and air pollution that leaf blowers create, he said.

 

Mayor Foy pointed out that the Council would not take on this item tonight, since it was not on the agenda. He noted that the proposal was only to discuss whether or not to examine this issue.  Mayor Foy asked that speakers confine their remarks to whether or not the Town should consider doing anything at all about leaf blowers in Town.

 

Chapel Hill resident Brad Williams, owner of Williams Landscape Services, Inc., pointed out the unintended economic consequences of banning leaf blowers in Chapel Hill. He said that raking and sweeping takes about five times longer than blowing leaves.  Banning leaf blowers would increase the amount of time his employees must work and, consequently, the amount that he would have to pay them in wages.  Mr. Williams stressed that such a ban would have a drastic economic impact on his and other companies.  It would affect the Town's Public Works Department's endeavors as well, he said, adding that the Town would have to pay more or add more people to achieve the same work.  Mr. Williams also commented that his Chapel Hill taxes had just gone up.

 

Mayor Foy informed Mr. Williams that there would be another opportunity for public comment if this item were to come before the Council for consideration.

Chapel Hill resident Ken Robinson, speaking for Williams Landscape Services, Inc. as well as himself, mentioned a quote in a local news story stating that a leaf blower running for one hour would create more carbon dioxide than a car going 350 miles.  A half-gallon of gasoline in a leaf blower would not produce as much carbon dioxide as a car burning 18-20 gallons of gasoline unless the car is 95% inefficient or "Rumplestillskin is operating the leaf blower," he said.

 

Mr. Robinson argued that not blowing leaves would lead to 20% (10 million square feet) of Chapel Hill's turf dying off and a loss of oxygen production for 16,000 people per day.  Losing turf would also lead to a loss of filtering of stormwater and air and would create hazards on sidewalks, he said.  Mr. Robinson suggested looking at existing EPA standards as well as those from the California Air Resources Board and the American National Standard Institute. He proposed that the Town wait until next year when existing regulations would come into effect that would require cutting emissions levels and noise in half.

 

Mid-Atlantic Stihl General Manager Sam Jordan explained that his Hillsborough firm manufactures leaf blowers and other equipment.  There were a variety of leaf blowers, he said, explaining that they were used for a number of purposes such as cleaning walkways, decks, gutters, stadiums and parking lots and spraying fertilizers and chemicals. Mr. Jordan stated that air quality would not be an issue in 2005 when allowed emissions levels would be 90% lower than they were in 1996.  He pointed out that manufacturers would not be allowed to sell products in the U.S. if those emissions levels are not met.

 

With regard to noise pollution, Mr. Jordan said that improved designs had led to a much lower intensity.  The overall sound quality had been improved, he said, and the industry had adopted noise measurement standards.  Mr. Jordan remarked that lawn mowers and brooms create dust as well.  Banning leaf blowers within the Town would cause undo economic hardship to landscape professionals, he said.  Mr. Jordan also pointed out that such a ban would increase the amount of labor that homeowners must exert to perform the same task.

 

Joe Herzenberg encouraged the Council to pursue the matter, stating that he supported Council Member Hill's petition.

 

Robert Zucker, president of Outdoor Equipment Distributors in Raleigh, argued that the Town did not need to ban blowers in order to control sound because the machines had been redesigned to be quieter.  There also was information available that could educate people on the times that blowers should and should not be used, he pointed out.  Mr. Zucker said that emissions controls had tightened and blowers were now 90% more efficient and cleaner than they had been in the past.  He asked the Council to consider these points when deciding on the Town's future use of leaf blowers.

 

Dan Coleman noted the current environmental problems due to air pollution and global warming.  He said that there was an attempt at the national level to have the public consume more rather than less gasoline.  Mr. Coleman noted that this encourages complacency and creates a cultural context that puts a greater burden on citizens.  Mr. Coleman commented on the difficulty of taking individual initiatives with environmental problems since individual efforts do not make much difference overall.  That is why it is important to come together through elected bodies to create collective solutions for these problems, he said.

 

Jane Hudson, co-chair of the Student Environmental Action Coalition at UNC, stated that students had identified the use of leaf blowers "everywhere, all the time" as the biggest problem they had noticed when arriving in Chapel Hill.  She emphasized the importance of this to young people in the community who care about air quality and noise pollution.  Ms. Hudson stated that the Coalition was in support of Council Member Hill's initiative.

 

Mason Farm Road resident Diana Steele told Council members that she had been walking in Chapel Hill for 50-60 years.  But walking was no longer as pleasant because of the increasing noise in Town, she said.  Ms. Steele described leaf blowers as a "real abomination."  The idea of eight to ten UNC workers with leaf-blowers chasing single leaves across Odum Village offended her, she said.  Ms. Steele thanked the Council for looking into the issue.

 

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

 

3c. Announcements by Council Members.

 

Council Member Harrison thanked citizens and Council members who had participated in Car Free Day.

 

Council Member Kleinschmidt announced the annual Gay Pride Celebration on October 2, 2004, at Duke University's East Campus.

 

Item 4 - Consent Agenda

 

Council Member Greene removed 4h, regarding Duplex Guidelines.

 

COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT R-2 WITH 4H REMOVED.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

 

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES (2004-09-27/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.

Nominations to various advisory boards and commissions (R-3).

b.

Resolution Approving Issuance of $4 Million in General Obligation Bonds (R-4).

c.

Award of Bid for the Remanufacture of Up to Thirteen (13) Advanced Design Buses (R-5).

d.

Expedited Processing for the Southern Orange Senior Center (R-6).

e.

Authorizing the Disposition of Surplus Property (R-7).

f.

Delaying a Public Hearing for Consideration of a Demolition by Neglect Ordinance   (R-8).

g.

Resolution Receiving and Referring the NC 86/Airport Road Bicycle and Pedestrian Safety Study (R-9).

h.

Removed.

i.

Acceptance of a Bureau of Justice Assistance Block Grant (R-11, O-1).

j.

Budget Amendment for Certain Parks and Recreation Capital Improvements Projects     (O-2).

k.

Budget Amendment for the Percent for Art Plan (O-3).

l.

(1)

Recommendation of an Artist for the Southern Community Park Design Team.

 

(2)

Recommended Agreement with Artist for the Southern Community Park Project    (R-12).

m.

Bid Awards for Pre-Grading Contract for Town Operations Center (R-13).

n.

Budget Ordinance for 2nd Year Crime Commission Grants and Matching Funds (O-4).

 

This the 27th day of September, 2004.

 

 

A RESOLUTION NOMINATING APPLICANTS TO VARIOUS ADVISORY BOARDS AND COMMISSIONS (2004-09-27/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:

 

Stormwater Management Utility Advisory Board

 

Milton Heath, Jr.

Margaret Holton

Philip Post

Alan Rimer

Karen Vanderwall

 

 

This the 27th day of September, 2004.


 

A RESOLUTION DECLARING OFFICIAL INTENT TO ISSUE AND SELL $4 MILLION IN GENERAL OBLIGATION BONDS (2004-09-27/R-4)

 

WHEREAS, the voters of the Town of Chapel Hill, North Carolina (the "Town"), on November 4, 2003, approved the issuance of Town General Obligation bonds for several purposes, including providing parks and recreation facilities, open spaces and areas, public libraries, public buildings, and sidewalks and streets. The Town has not yet issued any of these bonds.

 

The Town Council has now determined that the Town should issue a portion of such bonds.

 

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

 

1.         Determination To Sell Bonds - The Town will issue and sell (a) $300,000 parks and recreation bonds, (b) $1,200,000 open spaces and areas bonds, (c) $500,000 library bonds, (d) all $500,000 of the public building bonds, and (e) $1,500,000 sidewalks and streets bonds for their authorized purposes. The parks and recreation bonds, open spaces and areas bonds, library bonds, public building bonds and sidewalks and streets bonds will be combined for sale as a single issue of bonds to be designated “General Obligation Public Improvement Bonds, 2004.”

 

2.         Interest Rate and Payment Provisions -- Each Bond will bear interest at such rate as is determined at the time of its sale. Interest on each Bond will be payable semiannually on each April 1 and October 1, beginning April 1, 2005, (a) from October 1, 2004, if it is authenticated prior to April 1, 2005, or (b) otherwise from the April 1 or October 1, that is, or immediately precedes, the date on which it is authenticated (unless payment of interest thereon is in default, in which case such Bonds will bear interest from the date to which interest has been paid). Principal, premium, if any, and interest will be payable in lawful money of the United States of America.

 

3.         Principal Payment Schedule -- The principal of the Bonds will be payable on such dates and in such years and amounts as the Finance Director determines after consultation with the LGC, except that the final maturity for the Bonds must not extend beyond December 31, 2025.

 

The Finance Director will execute a certificate prior to the initial delivery of the Bonds designating the final principal payment schedule for the Bonds. Such certificate will be conclusive evidence of the Finance Director’s approval and determination of such matters.

 

4.         Redemption Provisions -- The Bonds will be subject to redemption prior to maturity upon such terms and conditions as the Finance Director, upon advice from the LGC, may determine. The Finance Director must execute a certificate prior to the initial delivery of the Bonds designating redemption terms and conditions, and such certificate will be conclusive evidence of the Finance Director’s approval and determination of such terms and conditions.

 

           

            5.          Pledge of Faith, Credit and Taxing Power -- The Town's full faith and credit are hereby irrevocably pledged for the payment of the principal of and interest on the Bonds. Unless other funds are lawfully available and appropriated for timely payment of the Bonds, the Council will levy and collect an annual ad valorem tax, without restriction as to rate or amount, on all locally taxable property in the Town sufficient to pay the principal of and interest on the Bonds as the same become due.

 

6.         Approval of Official Statement for Offering - There has been made available to each member of the Council the form of an official statement (the “Official Statement") relating to the Bonds, pursuant to which the Bonds will be offered for sale.  The Official Statement remains subject to completion and amendment.

 

The Official Statement is approved as the form of official statement pursuant to which the Bonds will be offered for sale. The actions of the Finance Director, in collaboration with the LGC, to prepare the text of the Official Statement are ratified, approved and confirmed. The Council approves the LGC's distribution of the Official Statement to prospective purchasers of the Bonds.  The Official Statement as so distributed must be in substantially the form made available, with such changes as the Finance Director may approve.

 

The Council acknowledges that it is the Town’s responsibility to ensure that the Official Statement, in its final form, neither contains an untrue statement of a material fact nor omits to state a material fact required to be included therein for the purpose for which such Official Statement is to be used or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. By the adoption of this resolution, the Council members approve the Official Statement as materially correct and complete, and further acknowledge and accept their responsibility for causing the Town to fulfill its responsibilities for the Official Statement. 

 

7.         Form of Bonds -- The Bonds will be in substantially the form set out in Attachment 2. The Bonds will be dated October 1, 2004, will be in fully registered form, in denominations of $5,000 and integral multiples thereof, and will be numbered R-1 upward.

 

The Bonds must be signed by the manual or facsimile signature of the Town’s Mayor, must be countersigned by the manual or facsimile signature of the Town Clerk or any Assistant Clerk, and the Town's seal must be affixed thereto or a facsimile thereof printed thereon. No Bond will be valid unless at least one of the signatures appearing on such Bond (which may be the signature of the LGC’s representative required by law) is manually applied or until such Bond has been authenticated by the manual signature of an authorized officer or employee of a bond registrar selected by the Town.

 

8.         Finance Director as Registrar; Payments to Registered Owners -- The Finance Director is appointed Registrar for the Bonds.  As Registrar, the Finance Director will maintain appropriate books and records of the ownership of the Bonds.  The Town will treat the registered owner of each Bond as the person exclusively entitled to payment of principal, premium, if any, and interest and the exercise of all rights and powers of the owner, except that interest payments will be made to the person shown as owner on the registration books on the 15th day of the month preceding each interest payment date.

 

9.     Advertising Bonds for Sale -- The Finance Director, in collaboration with the LGC, is authorized and directed to take all proper steps to advertise the Bonds for sale in accordance with customary LGC procedures, including through the use of a “Notice of Sale” document in the LGC’s customary form. The Finance Director is authorized and directed to review and approve a form of Notice of Sale as such director may determine to be in the Town's best interest.

 

10.     LGC To Sell Bonds - The Town asks the LGC to sell the Bonds, to receive and evaluate bids and to award the Bonds to the successful purchaser.

 

11. Completing Official Statement after Sale -- After bids have been received and the LGC has awarded the Bonds to the successful purchaser, the Finance Director is authorized and directed to prepare, in collaboration with the LGC, a final Official Statement containing, among such other matters as may be appropriate, information required pursuant to Rule 15c2-12 (“Rule 15c2-12”) promulgated by the United States Securities and Exchange Commission under the United States Securities Act of 1934, as amended. The Town, together with the LGC, will arrange for the delivery within seven business days of the date the Bonds are sold of a reasonable number of copies of the final Official Statement to the successful bidder on the Bonds for delivery to each potential investor requesting a copy of the final Official Statement, and to each person to whom such bidder and members of the bidding group initially sell the Bonds.

 

12.     Finance Director To Complete Bond Closing - After the sale of the Bonds, the Finance Director and all other Town officers and employees are authorized and directed to take all proper steps to have the Bonds prepared and executed in accordance with their terms and to deliver the Bonds to the purchaser upon payment for the Bonds.

 

The Finance Director is authorized and directed to hold the executed Bonds, and any other documents authorized or permitted by this resolution, in escrow on the Town’s behalf until the conditions for the delivery of the Bonds and other documents have been completed to the Finance Director’s satisfaction, and thereupon to release the executed Bonds and other documents for delivery to the appropriate persons or organizations. 

 

Without limiting the generality of the foregoing, this authorization and direction is specifically extended to authorize the Finance Director (a) to enter into such agreements or take such other actions as such officer may deem appropriate in connection with obtaining bond insurance for the Bonds and (b) to approve changes to any documents or closing certifications previously signed by Town officers or employees, provided that the Bonds will be in substantially the form approved by this resolution and that any such changes will not substantially alter the intent of such certificates from that expressed in the forms of such certificates as executed by such  officers or employees.  The Finance Director’s authorization of the release of any such document for delivery will constitute conclusive evidence of such officer’s approval of any such changes.

 

 

13. Undertaking for Continuing Disclosure -- The Town undertakes, for the benefit of the beneficial owners of the Bonds, to provide continuing disclosure with respect to the Bonds as described in the corresponding section of the draft Official Statement.

 

The Council designates the Finance Director as the Town officer to be primarily responsible for the Town’s compliance with its undertakings for continuing disclosure provided for in this resolution.  The Finance Director will provide for the filings and reports (including the reports of material events) constituting the continuing disclosure provided for in this resolution.

 

14. Resolutions As To Tax Matters -- The Town will not take or omit to take any action the taking or omission of which will cause the Bonds 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 on the Bonds 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 proceeds of the Bonds, and the Town will pay any such required rebate from its general funds.  For this paragraph, “Code” means the United States Internal Revenue Code of 1986, as amended, including applicable Treasury regulations.

 

15. Book-Entry System for Bond Registration --       The Bonds will be issued by means of a book-entry system, with one bond certificate for each maturity immobilized at The Depository Trust Company, New York, New York ("DTC"), and not available for distribution to the public. The book-entry system for registration will operate as described in the Official Statement. Therefore, (a) the Town will pay principal, premium, if any, and interest on the Bonds only to DTC or its nominee as registered owner of the Bonds, (b) the Town will not be responsible or liable for such transfer of payments to parties other than DTC or for maintaining, supervising or reviewing the records maintained by DTC or any other person related to the Bonds, and (c) the Town will not mail redemption notices (or any other notices related to the Bonds) to anyone other than DTC or its nominee so long as the book-entry system of registration with DTC is in effect. The Town may elect to discontinue the book-entry system with DTC. The Finance Director is authorized and directed to enter into any agreements such officer deems appropriate to put into place the book-entry system with DTC.

 

            16.       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 connection with the furtherance of the purposes of this resolution. All such prior actions of Town officers and employees are ratified, approved and confirmed. Upon the absence, unavailability or refusal to act of the Mayor or the Finance Director, the Town Manager may assume any responsibility or carry out any function assigned to the Mayor or the Finance Director in this resolution. All other resolutions, or parts thereof, in conflict with this resolution are repealed, to the extent of the conflict.  This resolution takes effect immediately.

 

This the 27th day of September, 2004.


 

A RESOLUTION AWARDING A CONTRACT FOR THE REMANUFACTURE OF 5 TRANSIT BUSES (2004-09-27/R-5)

 

WHEREAS, the Council of the Town of Chapel Hill has solicited formal bids by legal notice on July 25, 2004, in accordance with G.S. 143-129 for the remanufacture of up to 13 transit buses; and

 

WHEREAS, in accordance with the specifications, the following bids were received and opened on September 9, 2004:

 

 

Vendor Name

Unit Price

  Complete Coach Works

$196,989

  Bus & Truck of Chicago, Inc.

$224,990

  CoachCrafters, Inc.

$269,430

 

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that a contract for the remanufacture of 5 transit buses in the amount of $984,945 be awarded to Complete Coach Works.

 

This the 27th day of September, 2004.

 

 

 

A RESOLUTION DIRECTING EXPEDITED PROCESSING IN THE REVIEW OF A SPECIAL USE PERMIT MODIFICATION APPLICATION FOR SOUTHERN ORANGE SENIOR CENTER (2004-09-27/R-6)

 

WHEREAS, the Town of Chapel Hill has received a written petition for Southern Orange Senior Center requesting expedited processing of a Special Use Permit Modification application seeking approval of construction of a senior center; and

 

WHEREAS, the Town Council finds that there is a significant public purpose associated with development of this application;

 

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

 

This the 27th day of September, 2004.

 

 

A RESOLUTION DECLARING 397 ITEMS OF PERSONAL PROPERTY TO BE SURPLUS AND AUTHORIZING AND DIRECTING THE DISPOSAL OF SAID PROPERTY IN ACCORDANCE WITH STATUTORY REQUIREMENTS (2004-09-27/ R-7)

 

WHEREAS, Article 12 of N. C. General Statutes and Section 4-16 of the Charter of the Town of Chapel Hill authorizes the Town to dispose of surplus property; and

 

WHEREAS, the Town desires to dispose of certain items of personal property at Auction scheduled for Saturday, October 16, 2004, at 10:00 a.m.;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the following items of personal property are hereby declared surplus:

 

Thirty-four vehicles and equipment including:   (2) 1998 Crown Vic, (8) 2000 Crown Vic, (1) 1995 Ford Thunderbird, (2) 1997 Chevrolet Blazer,  (1) 1995 International Trash Packer, (1) 1998 International Trash Packer, (2) 1998 Peterbilt Trash Packers, (1) 1993 Crane Trash Packer,, (1) 1998 Ford F800, (1) 1997 Ford F350, (1) 1999 Tar Kettle, (1) 1994 Lee-Boy Street Roller, (1) 1992 Ford Utility Truck, (1) 1996 Dodge Ram, (1) 1996 Ford F250, (1) 1997 Ford F250, (1) 1994 Ford Explorer, (2) 2000 Ford Taurus Wagon, (1) 1997 Ford F250, (1) 1998 Excel Riding Mower, (1) 1995 Burke Trailer, (1)1998 Scag Riding Mower, (1) 1997 Jacobs Turfcat Riding Mower.

 

There are three hundred sixty-three (363) miscellaneous items including: Office Furniture and Equipment, Copier, Cell Phones, Computers and Accessories, and miscellaneous supplies.

 

That the Purchasing Coordinator of the Town of Chapel Hill shall be and is hereby authorized to dispose of this surplus personal property in accordance with statutory requirements.

 

That prior to public auction the Purchasing Coordinator is authorized to dispose of any of the personal property by sale, lease, exchange, sealed bid, or transfer to other government units in conformity with N. C. General Statute 160A-274.

 

That the terms of the sale shall be to the highest bidder for cash or other form of cash equivalents acceptable to the Purchasing Coordinator.  All sales shall be designated final on the day of the auction.

 

That all items shall be sold on an “as is” and “where is” basis and the Town makes no guarantee or assumes no responsibility for any of the items.

 

That it shall be condition of sale that all items purchased shall be picked up and removed from the premises of the Municipal Operations Facility by 3:00 p.m. on the day of the auction. Successful bidders shall bear sole risk for loss of any items remaining on said premises past the designated time.

 

This the 27th day of September, 2004.


A RESOLUTION DELAYING A PUBLIC HEARING ON A DEMOLITION BY NEGLECT ORDINANCE (2004-09-27/R-8)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby delays a public hearing set for October 18, 2004, to January 19, 2005, to consider a proposed Demolition by Neglect Ordinance to the Land Use Management Ordinance. Consideration for a delay allows for more time for the Historic District Commission to conduct research.

 

BE IT FURTHER RESOLVED that the Council refers the item to the Historic District Commission and the Planning Board for recommendation at the Hearing.

 

This the 27th day of September, 2004.

 

 

A RESOLUTION RECEIVING THE N.C. HIGHWAY 86/AIRPORT ROAD BICYCLE AND PEDESTRIAN SAFETY STUDY, REFERRING THE PLAN TO TOWN ADVISORY BOARDS AND SETTING A PUBLIC FORUM FOR NOVEMBER 22, 2004 (2004-09-27-R-9)

 

WHEREAS, the University of North Carolina Highway Safety Center has completed a N.C. Highway 86/Airport Road Bicycle and Pedestrian Safety Study; and

 

WHEREAS, Town Council wishes to receive comment and recommendations from Town advisory boards and the public;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council receives the N.C. Highway 86/Airport Road Bicycle and Pedestrian Safety Study and refers the Study to the Town’s Planning Board, Transportation Board, Greenways Commission, Bicycle and Pedestrian Advisory Board, and Parks and Recreation Commission for review and comment.

 

BE IT FURTHER RESOLVED that the Town Council schedules a  public forum on the Study for 7:00 pm, November 22, 2004, in the Town Council Chamber, 306 North Columbia, Chapel Hill.

 

This the 27th day of September, 2004.

 

 

A RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE BUREAU OF JUSTICE ASSISTANCE LAW ENFORCEMENT BLOCK GRANT (2004-09-27/R-11)

 

WHEREAS, the U.S. Department of Justice and the Bureau of Justice Assistance have made funds available to enhance the quality of law enforcement services provided to local communities; and

 

WHEREAS, the Town’s Law Enforcement Block Grant application in the amount of $13,068 was approved by the Bureau of Justice Assistance; and

 

WHEREAS, the block grant funds would be used to provide training and equipment to reduce crime and increase public safety;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to accept the Bureau of Justice Assistance Law Enforcement Block Grant and to make all necessary assurances.

 

This the 27th day of September, 2004.

 

 

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2004” (2004-09-27/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, 2004” as duly adopted on June 14, 2004 and the same is hereby amended as follows:

ARTICLE I

 

 

 

 

 

 

Current

 

 

Revised

APPROPRIATIONS

Budget

Increase

Decrease

Budget

 

 

 

 

 

GENERAL FUND

 

 

 

 

  Police

10,169,630

 

1,452

10,168,178

  Transfer to Grants Fund

255,441

1,452

 

256,893

 

 

 

 

 

GRANTS FUND

155,543

14,520

 

170,063

 

 

 

 

 

ARTICLE II

 

 

 

 

 

 

Current

 

 

Revised

REVENUES

Budget

Increase

Decrease

Budget

 

 

 

 

 

 

 

 

 

 

GRANTS FUND

 

 

 

 

  Grants Revenue

155,543

13,068

 

168,611

 

This the 27th day of September, 2004.


AN ORDINANCE TO AMEND THE CAPITAL PROJECT ORDINANCE FOR VARIOUS CAPITAL PROJECTS (2004-09-27/O-2)

 

BE IT ORDAINED by the Council of the Town of Chapel Hill that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the capital projects ordinance for various capital projects funded from a variety of sources is hereby amended as follows:

 

SECTION I

 

The capital projects as authorized by the Town Council includes various capital projects funded from grants, the Capital improvements Program funds, and other miscellaneous sources of revenue for a variety of projects extending beyond one fiscal year.

 

SECTION II

 

The Manager of the Town of Chapel Hill is hereby directed to proceed with the implementation of the project within the terms of grant agreements executed with the Federal Transit Administration and the funds appropriated herein.

 

SECTION III

 

Revenues anticipated to be available to the Town to complete the project are amended as follows:

 

 

 

 

 

 

 

Current

 

Revised

 

 

Budget

 

Budget

Building rents

$

30,209

$

41,709

Payment in lieu of revenue

 

0

 

10,000

 

$

30,209

$

51,709

 

 

 

 

 

Amounts appropriated for the project are amended as follows:

 

 

 

 

 

 

 

 

Current

 

Revised

 

 

Budget

 

Budget

Carolina Sport Art Building

$

30,209

$

41,709

Upper Booker Creek Trail

 

0

 

10,000

 

$

30,209

$

51,709

 

The Manager is directed to report annually on the financial status of the project in an information section to be included in the Annual Budget, and shall keep the Council informed of any unusual circumstances.

 

Copies of this project ordinance shall be entered into the Minutes of the Council and copies shall be filed within 5 days of adoption with the Manager, Finance Director and Town Clerk.

 

This the 27th day of September, 2004.

AN ORDINANCE TO AMEND THE CAPITAL PROJECT ORDINANCE FOR VARIOUS CAPITAL PROJECTS (2004-09-27/O-3)

 

 BE IT ORDAINED by the Council of the Town of Chapel Hill that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the capital projects ordinance for various capital projects funded from a variety of sources is hereby amended as follows:

 

SECTION I

 

The capital projects as authorized by the Town Council includes various capital projects funded from grants, the Capital improvements Program funds, and other miscellaneous sources of revenue for a variety of projects extending beyond one fiscal year.

 

SECTION II

 

The Manager of the Town of Chapel Hill is hereby directed to proceed with the implementation of the project within the terms of grant agreements executed with the Federal Transit Administration and the funds appropriated herein.

 

SECTION III

Revenues anticipated to be available to the Town to complete the project are amended as follows:

 

 

 

 

 

 

 

Current

 

Revised

 

 

Budget

 

Budget

Transfer from Capital Improvements Fund

$

1,250

$

5,920

 

 

 

 

 

Amounts appropriated for the project are amended as follows:

 

 

 

 

 

 

 

 

Current

 

Revised

 

 

Budget

 

Budget

Percent for Art

$

1,250

$

5,920

 

 

 

 

 

SECTION IV

The Manager is directed to report annually on the financial status of the project in an information section to be included in the Annual Budget, and shall keep the Council informed of any unusual circumstances.

 

Copies of this project ordinance shall be entered into the Minutes of the Council and copies shall be filed within 5 days of adoption with the Manager, Finance Director and Town Clerk.

 

This the 27th day of September, 2004.


A RESOLUTION AUTHORIZING THE TOWN MANAGER TO ENTER INTO A CONTRACT WITH LAURA HADDAD AND TOM DRUGAN FOR THE PUBLIC ART COMPONENT OF THE SOUTHERN COMMUNITY PARK PROJECT (2004-09-27/R-12)

 

WHEREAS, the Council of the Town of Chapel Hill adopted a Percent for Art Program on March 4, 2002; and

 

WHEREAS, the Town Council and the Orange County Board of Commissioners are planning for the development of the Southern Community Park; and

 

WHEREAS, the Public Arts Commission has conducted an artist selection process consistent with the guidelines included in the resolution of March 4, 2002, and recommends that the Town Council authorize a contract between the Town and Laura Haddad and Tom Drugan;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is authorized to enter into a contract with Laura Haddad and Tom Drugan for the public art component of the Southern Community Park project.

 

BE IT FURTHER RESOLVED that 1% of the final adopted budget for the Southern Community Park project shall be allocated for the public art project.

 

This the 27th day of September, 2004.

 

 

A RESOLUTION AWARDING A BID FOR CLEARING AND GRADING THE TOWN OPERATIONS CENTER SITE (2004-09-27/R-13)

 

WHEREAS, the Town of Chapel Hill has solicited formal bids by legal notice on September 2, 2004 and September 5, 2004 in accordance with G.S. 143-129 for the clearing, grubbing, erosion control and stormwater infrastructure of the Town Operations Center; and

 

WHEREAS, the following bids were received and opened on September 21, 2004;

 

Contractors

Base Bid

Alternate One

Total

Sanford Contractors, Incorporated

675,295

353,788

1,029,083

Mountain States Contractors

772,000

320,000

1,092,000

Rifenburg Construction

1,057,000

475,000

1,532,000

Triangle Grading & Paving

1,190,000

190,000

1,380,000

Faulconer Construction

1,254,775

488,025

1,742,800

Mellott Trucking and Supply

1,312,265

411,187

1,723,452

Clancy & Theys

1,562,000

417,000

1,979,000

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town accepts the bid and authorizes the Town Manager to execute a contract, contingent on the review and approval of the North Carolina Department of Transportation, to the lowest responsive bidder, Sanford Contractors, Incorporated, for the base bid of $675,295 and for alternative 1 for $353,788 with a total amount of $1,029,083.

 

This the 27th day of September, 2004.

 

 

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2004” (2004-09-27/O-4)

 

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, 2004” as duly adopted on June 14, 2004 and the same is hereby amended as follows:

ARTICLE I

 

 

 

 

 

 

Current

 

 

Revised

APPROPRIATIONS

Budget

Increase

Decrease

Budget

 

 

 

 

 

GENERAL FUND

 

 

 

 

  Transfer to Grants Fund

36,692

47,914

 

84,606

 

 

 

 

 

GRANTS FUND

168,611

86,830

 

255,441

 

 

 

 

 

ARTICLE II

 

 

 

 

 

 

Current

 

 

Revised

REVENUES

Budget

Increase

Decrease

Budget

 

 

 

 

 

GENERAL FUND

 

 

 

 

  Appropriated fund balance

2,375,753

47,914

 

2,423,667

 

 

 

 

 

GRANTS FUND

 

 

 

 

  Revenues

168,611

38,916

 

207,527

  Transfer from General Fund

 

47,914

 

47,914

 

 

 

 

 

 

 

 

 

 

This the 27th day of September, 2004.

 

 

With regard to 4h, Council Member Greene requested that staff include a study of lot sizes as well as other duplex regulations.  Mr. Horton agreed to try.

 

COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT R-10 AS AMENDED.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

 

A RESOLUTION CALLING FOR A PUBLIC HEARING TO CONSIDER CHANGES TO THE LAND USE MANAGEMENT ORDINANCE AND THE COMPREHENSIVE PLAN DESIGN GUIDELINES RELATING TO THE REGULATION AND CONSTRUCTION OF DUPLEX STRUCTURES (2004-09-27/R-10)

 

WHEREAS, the Town Council has requested and received a Discussion Report Paper for Council consideration, offering comments and recommendations on issues related to regulation of duplex dwelling units;  and

 

WHEREAS, the Community Design Commission has considered and submitted recommended changes to the Land Use Management Ordinance and Comprehensive Plan Design Guidelines on issues related to the regulation of duplex dwelling units;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council refers this item to the Town Manager for his analysis and recommendations and calls for a Public Hearing for March 21, 2005.

 

BE IT FURTHER RESOLVED that prior to the Public Hearing, Town staff is requested to study zoning districts that allow duplexes to determine the number of lots that are 1 times the allowable lot limit in order to determine lots that might be impacted if the minimum lot size was reduced from 2 to 1, as suggested by the Planning Board.

 

This the 27th day of September, 2004.

 

 

Item 5 - Information Items

 

Agenda item 5d, Response to Petition from Joe Patterson Regarding Property at Cobb Terrace, was deferred at the request of the petitioner.

 

Council Member Hill removed 5e, Response to Two Petitions from Joe Patterson Requesting Expedited Review of an SUP Application for Proposed McCorkle Place and for Ordinance Changes, stating that he favored expedited review since this was the type of development the Town wanted downtown.

 

Mr. Patterson explained that his petition was to exempt his project from the requirement to obtain a SUP.  Mayor Foy verified that the Council was considering the two petitions in Item 5e and that Item 5d was a separate matter.

 

Mr. Patterson described his proposal to renovate and upgrade the Village Apartments.  He said that Village Apartments would continue to be used as a multi-unit residential building after improvements.  Mr. Patterson stated that the staff memo had given the impression that he would expand the building.  This was not true, he said, explaining that the additional 1,000 square feet would include upgrades to the existing attic and basement space only.

 

Mr. Patterson argued against several points in the staff memo.  He stressed that his plans would reduce units, density, parking spaces, traffic, impervious surfaces, and demands on municipal services.  Any "realistic, reasonable and substantive" analysis of his plans would conclude that the Town's guiding principle #2 did not apply to this renovation project, he said. Mr. Patterson asked Council members to apply the principle that an existing use should not be harmed by changes to regulations.  He asked for immediate relief from the requirement to apply for an SUP to renovate this project.

 

Mayor Foy and Council Member Hill agreed that Mr. Patterson's petition was not the same as the proposal that Council Member Hill had just made.

 

COUNCIL MEMBER HILL MOVED, SECONDED BY COUNCIL MEMBER HARRISON, TO ADOPT R-12, GRANTING EXPEDITED PROCESSING.

 

Council Member Harrison pointed out that projects such as the restaurant Red Hot & Blue, at least one church, and Starbucks at Eastgate had received expedited SUPs.  He argued that expediting would make more sense, since exempting the project would be complicated and probably would require a LUMO amendment.

 

Council Member Greene commented that many developers had good reasons for wanting expedited review.  She said, however, that she might not have voted for some of the other projects that did receive it.  Council Member Greene stated that she had difficulty seeing the public purpose in a private economic development that would have a private end for private owners of private property, and she would not support expedited review for this project.

 

Council Member Harrison told Mr. Patterson that he would not receive much benefit from expedited status since there were 14 other active projects with the same status.

 

Mr. Patterson read an email from Historic District Commission Vice Chair Jim Spencer that expressed support for expedited processing.  The HDC had voted unanimously to recommend expedited processing to the Council, he said, because this project represents the Town's stated goals of preserving an existing notable structure as well as increasing the number of permanent residents downtown.  Mr. Patterson argued that the project would accomplish the Council's stated objective. He mentioned the Meadowmont Wachovia Bank, Village Plaza Shopping Center, Meadowmont Hilltop and Greenway Condominiums, Red Hot & Blue, and other projects that had received expedited review.  If those were approved then this project should be as well, Mr. Patterson said.

 

Mayor Foy noted that a mere list, without context, does not address the floods, fires and other reasons why projects had received expedited review.  If the Council did grant it to this project he would not want that to be confused with approval of the project, he said.  Mayor Foy expressed concern about how the affordable housing aspect would work out.

 

Council Member Kleinschmidt pointed out that Mr. Patterson's plan was far ahead of the Council plans for developing Parking Lots 2 and 5.

 

Council Member Greene requested confirmation from the Manager that the Town was not granting itself expedited review of Parking Lots 2 and 5.  She also asked him to outline the Town's SUP schedule.  Mr. Horton replied that it would take about eight months, but could go somewhat faster.  If the developer works diligently and submits materials quickly then that could take some time off the process, he said.  Mr. Horton described the process, noting that there were limits that must be adhered to as a matter of law.  The Town Council had begun working on this seven years ago with the development of the Small Area Plan, he pointed out.  Mr. Horton mentioned the various stages over the years up to and including work with the consultant beginning in November 2003.  "I defy anyone who says that is fast," Mr. Horton remarked.

 

Council Member Ward suggested annotating the list of projects that had been granted expedited review.  The expediting process should be reserved for projects that have a public service greater than the one he sees here, he said.

 

COUNCIL MEMBER HILL MOVED, SECONDED BY COUNCIL MEMBER HARRISON, TO ADOPT R-14.  THE MOTION WAS ADOPTED (5-4), WITH COUNCIL MEMBERS HARRISON, HILL, KLEINSCHMIDT, VERKERK AND FOY VOTING AYE AND COUNCIL MEMBERS WARD, WIGGINS, GREENE AND STROM VOTING NAY.

 

 

A RESOLUTION DIRECTING EXPEDITED PROCESSING IN THE REVIEW OF A SPECIAL USE PERMIT APPLICATION FOR MCCORKLE PLACE (2004-09-27/R-14)

 

WHEREAS, the Town of Chapel Hill has received a petition for McCorkle Place requesting expedited processing of a Special Use Permit application seeking approval of 8 condominium units; and

 

WHEREAS, the Town Council finds that there is a significant public interest associated with development of this application;

 

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

 

This the 27th day of September, 2004.

 

 

Item 6 - Durham-Chapel Hill-Carrboro 2030

Long Range Transportation Plan

 

Mr. Horton introduced Transportation Planner David Bonk to report on items that had changed since the Council's last discussion.  Mr. Bonk responded to issues raised at the Council's September 13, 2004 public forum.  These included revised 2030 projected traffic volumes and recalculations of costs, he said.  After these changes, the financial plan remains about $130 million short of projected revenues, Mr. Bonk said.  He noted that this was within the 2% variance that the federal government would allow.  Mr. Bonk proposed that the financial situation as currently proposed was adequate to be recommended as part of the adopted 2030 Plan.

 

Mr. Bonk explained that the memo before the Council responds to comments by Council members and the public during the Public Forum. There was some confusion about the map with regard to the use of Cameron Avenue as a fixed guideway corridor, he said.  Mr. Bonk stated that there was no intent at the present time to use any of the railroad corridor in that area of Cameron Avenue.  He pointed out that Chapel Hill's representatives had raised the issue of removing Weaver Dairy Extension at a recent Transportation Advisory Committee (TAC) meeting.  The Town staff had been asked to analyze traffic impacts with and without that extension into the Horace Williams property, he said.  Mr. Bonk reported that Council Members Harrison, Foy and Strom had received the result of that analysis.

 

Council Member Strom asked Mr. Bonk to comment more on the fixed guideway through Cameron Avenue and downtown neighborhoods, specifically with regard to the point at which the technology discussions for use in that fixed guideway would occur.  Mr. Bonk replied that the federal environmental process would include a complete review of all possible alternative corridors and an assessment of the most feasible corridor from an operational and financial standpoint. The technologies that had been examined as part of the Plan include bus rapid transit and light rail, Mr. Bonk said.  He noted that no decision had been made. 

 

Acknowledging that it was dangerous to speculate, Council Member Strom asked Mr. Bonk to "just indulge" him in wondering where the potential routes for a bus rapid transit or light rail might be. Mr. Bonk pointed out that maps used for discussion showed a corridor starting at UNC and going to Manning Drive, Columbia Street North, Franklin Street and downtown Carrboro.  There it would pick up the railroad right-of-way, he said.  With regard to inbound traffic, Mr. Bonk explained that the maps show it coming off the railroad right-of-way using Cameron Avenue to Pittsboro Street and into the campus on Manning Drive.

 

Council Member Strom determined that Mr. Bonk did not think removing the fixed guideway from Cameron Avenue would have any impact on the Plan as it currently existed.  But all corridors would be looked at again during the environmental analysis stage, Mr. Bonk said.

 

Mayor Foy pointed out that whether the fixed guideway would be limited to Cameron Avenue or to Franklin Street was a major source of citizen concern.  He verified with Mr. Bonk that the plan was to look at roads that are publicly held and which would create the minimal amount of disruption.  Mr. Bonk said that there probably would be a cursory look at other potential corridors but that those would be weeded out early in the process. Mayor Foy verified that whether or not to proceed to the next step would always be the Council's decision. 

 

Council Member Strom inquired about the steps that would occur prior to the Town entering into the federal EIS process.  Mr. Bonk replied that the timing of that would depend on funding.  He said that the Plan was anticipated to be implemented somewhere between 2020 and 2030.

Council Member Hill asked about the possibility of incorporating the Council-initiated transit plan that involves Carolina North.  Mr. Bonk replied that any completed Council plan would be included in the next update of the Regional Transportation Plan, probably the 2020-2025 Plan. 

 

Mayor Foy commented that these plans take reality into account as much as possible.  And one of the realities that the Town counts on is that there will be more transit options in place so that some of the roads that are shown in red in the report would have less pressure on them, he said.  Mayor Foy noted that this should have a beneficial effect on updating this long-range plan as the Town moves toward its transit plan.

 

Council Member Greene inquired about an opportunity for the Town to express a preference for Franklin Street over Cameron Avenue. Mr. Bonk replied that tonight was such an opportunity. Council Member Greene expressed concern that tonight's Council comments might be changed as they are channeled through the TAC.  Mr. Bonk replied that the TAC was likely to defer to local jurisdictions regarding projects within those jurisdictions.  Whatever the Council decides regarding that corridor probably would be accepted by the TAC, he said.  Mr. Bonk acknowledged that he could not guarantee that, however. 

 

Mr. Horton stated that his experience with the TAC was that the Town Council would prevail on issues such as this. He did not believe that TAC members would overrule the Council or that the State would have any reason to become involved, he said.  Mr. Horton encouraged Council members to emphasize which route was more favorable to the community.

 

In response to a question from Council Member Greene regarding citizens' concerns about Airport Road, Mr. Bonk said that Airport Road had been included as part of the north-south and east-west high capacity transit corridors shown in the Plan. 

 

Council Member Harrison stated that a fixed guideway corridor would always be high capacity transit.  But a high capacity transit corridor is not always going to be a fixed guideway, he said.  Council Member Harrison noted that a fixed guideway has a specific single use.  He said it was hard to imagine having a train run down the middle of Airport Road, considering that road's many other uses.  The Plan was worth looking at because it represented the beginnings of a vision that transportation people were working on, said Council Member Harrison.  But, he pointed out, the update and changes before the Council really was a short-term action.

 

Council Member Hill suggested that the Council request that there be no rail or fixed guideway in the Plan for Cameron Avenue, Pittsboro Street, or anywhere else south of Cameron Avenue.  Alternative roads would work better, he said.  

 

Mayor Foy, referring to a memo from Council Members Harrison, Strom and himself, explained their proposal for two changes to the 2030 Plan.  They opposed making Weaver Dairy Extension a four-lane road, he said, and were proposing that the road be striped for bicycle lanes and one travel lane in each direction.  Mayor Foy stated that he and Council Members Harrison and Strom had also expressed concern in the memo about a road indicated on the Plan that leads to Carolina North from Weaver Dairy Extension.  The Council had never discussed or approved a road there, said Mayor Foy, and the map was misleading.   Mayor Foy expressed concern that having a line there would be perceived as a road that the Council had approved.  No one yet knows what would be appropriate for transportation infrastructure in that area, he said.  Mayor Foy explained that he and Council Members Harrison and Strom had recommended taking that line off the Plan so that no one would believe that UNC had some right there.

 

Council Member Harrison said that the technical staff at the TAC had seen and approved the changes proposed in the Mayor's memo.  Council Member Strom clarified that the Council had received a significant amount of public comment over the last year regarding what the three had spelled out in that memo.  The memo was very responsive to citizens and the issues that have been brought to the Council's attention, he said. 

 

Michael Collins, speaking on behalf of Neighborhoods for Responsible Growth, expressed support for the Mayor's memo.  He urged Council members to fix the process so that it could work for the benefit of the community. 

 

Diana Steele, describing herself as "one of the confused public on this," expressed support for Council Member Hill's suggestion to omit the area south of Cameron Avenue from the 2030 Plan.  She asked the Council to do what they could to preserve the neighborhoods.  "We need you," said Ms. Steele.

 

Former Council Member Joyce Brown noted that a fixed guideway from Eubanks Road down Airport Road to Carrboro would go thorough many residential neighborhoods as well. She said that her comments at the September 30th Public Forum regarding the 2030 Plan had not been directed at any problems other than those within the Town.  She did not think that changing the lead planning agency would solve those problems, she said.  Ms. Brown stated that material was being presented in a confusing manner and she expressed doubt that the public had been fully informed.

 

Council Member Ward expressed support for the Mayor's resolution.  He commented that it was premature and misleading for the Council to give life to a road onto a 900-plus acre tract of land where there is no plan.  Council Member Ward agreed with the suggestion to keep Weaver Dairy Extension at two lanes.  He pointed out that modeling had indicated that two lanes was sufficient capacity and would be more consistent with roads at its two ends.  Council Member Ward agreed that the Council should limit the vision for the fixed guideway to Franklin Street.  Ridership would be served more effectively there than on Cameron Avenue, he said.

 

Council Member Harrison noted that he and two other Council members had voted not to include Cameron Avenue in the 2025 Plan, but they had lost the vote (6-3).  He had later voted against the entire plan and had lost (8-1), he said. Council Member Harrison pointed out that reconfiguration and redesign rather than expansion was the goal for Highway 15-501.  He agreed with other Council members to delete the line indicating a road extending from Weaver Dairy Extension.

 

COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER VERKERK, TO ADOPT R-15A WITH THE FOLLOWING ADDITIONS: REMOVAL OF PROJECT #115, THE WEAVER DAIRY ROAD EXTENSION (HOMESTEAD ROAD TO HORACE WILLIAMS); AND, ALTER THE FIXED GUIDEWAY MAP TO SHOW FRANKLIN STREET AS THE USABLE CORRIDOR FOR POINTS WEST OF COLUMBIA STREET.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

 

A RESOLUTION PROVIDING THE DURHAM-CHAPEL HILL-CARRBORO TRANSPORTATION ADVISORY COMMITTEE WITH A RECOMMENDATION ON THE DURHAM-CHAPEL HILL-CARRBORO 2030 LONG RANGE TRANS-PORTATION PLAN (2004-09-27/R-15a)

 

WHEREAS, the Durham-Chapel Hill-Carrboro Transportation Advisory Committee has developed a draft 2030 Long Range Transportation Plan; and

 

WHEREAS, the Transportation Advisory Committee has requested public comments on the draft 2030 Plan; and

 

WHEREAS, the Town Council has reviewed the draft 2030 Long Range Transportation Plan;

 

NOW, THEREFORE BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council recommends that the Transportation Advisory Committee approve the 2030 Plan with the following comments:

 

  1. Implement transit improvements, including improvements to local transit service and development of fixed guideway systems prior to pursuing roadway expansions, especially in the U.S. 15-501 and Fordham Boulevard corridors.

 

  1. Reduce the number of travel lanes for the Weaver Dairy Road Extension, N.C. 86 to Homestead Road, from four to two lanes.

 

  1. The Weaver Dairy Road Extension, Homstead Road to the Horace Williams property (#115) be removed from the 2030 Long Range Transportation Plan.

 

  1. The fixed guideway map be altered to show Franklin Street as the useable corridor for points west of Columbia Street.

 

This the 27th day of September, 2004.

 

 

With regard to R-15b, Mayor Foy pointed out that the MPO staff was based in Durham and the CAMPO staff was based in Raleigh.  There had been discussions about having them collaborate and share information, he said.

 

Council Member Kleinschmidt noted that the Triangle J Council of Governments consisted of more than those two.

 

Council Member Hill asked if Triangle J had an opinion about this.  Mr. Horton replied that unless there was a change in the resources and the existing organizational structure the Town would be in the same situation again and again.  He proposed two possible ways to change that:  give the present lead planning agency greater control over the resources it needs to produce a product on a timely basis; or, consider shifting responsibility to the Triangle J Council of Governments and giving it the capacity to do this work.  Mr. Horton noted that either of these approaches would call attention to the need for better and more timely reporting, as well as better information and a greater ability for the Council to manage the process.   He pointed out that the Town staff had recently had to bring reports before the Council that they themselves had not had time to read.

 

Mayor Foy and Council Member Harrison suggested changing "and" in the resolution to "or."  Mr. Horton agreed that either word would do. He noted the slowness of obtaining information from CAMPO and pointed out that having more staff in Chapel Hill and Durham would help.  Mr. Horton also recommended getting a strong citizens advisory committee up and running, noting that there had not been one in four years.

 

Council Member Strom thanked Mr. Horton and Mr. Bonk for bringing the options forward.  He pointed out that this certainly was something the Triangle J Council of Governments could do if they had support.

 

COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER VERKERK, TO ADOPT R-15B COMMUNICATING TO THE MPO STAFF THE COUNCIL'S CONCERN ABOUT CONTINUING DIFFICULTIES WITH GETTING A TIMELY PRODUCT.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

 

A RESOLUTION REQUESTING THAT THE DURHAM-CHAPEL HILL-CARRBORO TRANSPORTATION ADVISORY COMMITTEE REVIEW THE STATUS OF THE LEAD PLANNING AGENCY AND CONSIDER CHANGES THAT WOULD PROVIDE GREATER EFFICIENCY AND ACCOUNTABILITY FOR DEVELOPING AND MAINTAINING THE REGIONAL TRANSPORTATION MODEL AND PREPARING THE DURHAM-CHAPEL HILL-CARRBORO LONG RANGE TRANSPORTATION PLANS (2004-09-27/R-15b)

 

WHEREAS, the process for developing the draft 2030 Durham-Chapel Hill-Carrboro Long Range Transportation Plan resulted in delays in preparing the information necessary for participation by local jurisdictions and the public; and

 

WHEREAS, the Transportation Advisory Committee is responsible for overseeing the development of the Long Range Plan; and

 

WHEREAS, the problems experienced in the development of the 2030 Long Range Plan suggest the need for changes to the Urban Area Lead Planning Agency;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council recommends that the Transportation Advisory Committee review the current organization of the lead planning agency and consider changes designed to improve overall efficiency and accountability for the development of the Regional Transportation Model and Long Range Plan.

 

BE IT FURTHER RESOLVED that the Council recommends that possible changes to the Durham-Chapel Hill-Carrboro lead planning agency include:

 

1.      Revise the organization and resources available to the Durham-Chapel Hill-Carrboro lead planning agency to develop and maintain the regional transportation mode, or

 

2.      Transfer responsibility as lead planning agency to the Triangle J Council of Governments.

 

This the 27th day of September, 2004.

 

 

Item 7 - Follow-Up Report Regarding Traffic Issues on Cameron Avenue

 

Traffic Engineer Kumar Neppalli reported that the staff had conducted neighborhood surveys, at the Council's request, but had received only 60 back. He estimated the approximate cost to the Town of installing parking meters on both sides of Cameron Avenue at $35,000.  Mr. Neppalli noted that the boards and staff had not recommend Mr. Lurie's proposal but had recommended completely eliminating parking on both sides of Cameron Avenue.  He noted that the boards had also recommended establishing striped bike lanes.  The Manager was recommending installing parking meters but not making changes to the current striping, Mr. Neppalli said.  

 

Area resident Alex Exley strongly advocated for Resolution C.  She argued that adding meters would be unsafe and would destroy the free feeling of riding a bike through that area and down to Carrboro.  Ms. Exley said that adding parking meters on Cameron Avenue would increase the already too high volume of traffic on other streets in the area. She pointed out that sending out a survey during summer months in a neighborhood with so many students probably contributed to the low return. Ms. Exley asked Council members to make a decision that would increase safety and not increase traffic in the area. 

 

Area resident Ben Horner expressed support for Resolution C, explaining that he had grown up in the Cameron Avenue neighborhood and, like other residents, had been feeling "hedged in" by the amount that had been ceded to the University.  Adding metered parking would further degrade the sense of neighborhood that remains, he said.

 

UNC graduate student William Nolan argued that protecting bike traffic along Cameron Avenue means protecting bike traffic from the entire west side of campus.  Cameron Avenue was the safest route to Franklin Street and down to Carrboro, he said, and he asked the Council to vote for Resolution C.

 

Transportation Board Chair George Cianciolo reported that the Board had reviewed this again and remained in favor of Resolution C.  They believe that Resolution C was in the best interest of cyclist safety, he said, adding Resolution C would help Cameron Avenue to be a pedestrian and cyclist friendly area. Mr. Cianciolo noted that the majority of residential streets in the Cameron Avenue area already had parking restrictions.  Or, residents could apply for them, he said, adding that the argument that eliminating parking would force it into surrounding neighborhoods was not a valid one. 

 

Mr. Cianciolo agreed that the number of surveys returned was disappointing.  He pointed out, though, that two-thirds of those who did reply had been in favor of striped bike lanes.  He said that Resolution B was the Transportation Board's second choice.  They were not in favor of metered parking, he explained, but if the Town did install it then they would like revenues to be allocated to sidewalk and bicycle facilities.

 

Council Member Ward presented an alternative, which he called Option E.  He suggested having two 12-foot travel lanes, and two 5-foot bike lanes, with a 10-foot wide space for parking on the north side of the street.  That would allow a car to be parked and to open its door without having the door reach into the bike lane, he said.  Council Member Ward noted that this would provide an opportunity to have 50 metered parking spaces.  He explained that he was speaking in support of that only because of the predicted loss of 173 spaces that has been discussed in relation to Parking Lots 2 and 5.     

 

Mayor Foy clarified that Option E would mean parking on the north side only, with striped lanes and no parking on the south side.

 

Council Member Harrison verified that Council Member Ward's proposal was for twenty-four hours a day, with parking meters available whenever people want to use them. 

 

Council Member Verkerk commented that she did not feel competent to do design engineering during a Council meeting.  She might be persuaded, she said, but added that she supported the Manager's recommendation because meters would stop all day student parking. Council Member Verkerk stated that 8-foot lanes were too wide because they almost look like car lanes.  She expressed concern that people would misinterpret them and drive in those lanes.  Cars provide "visual friction" and narrow the road and slow things down a bit, said Council Member Verkerk.  She expressed concern that Resolution C would lead to cars driving faster.

 

Council Member Hill commented that Cameron Avenue as it currently was seemed like a long parking lot for people on campus.  He had been in favor of Resolution B because it would allow residents to park at night, he said, but he now believed that Resolution C was the best choice.

 

Council Member Greene noted that the Transportation Board and the Bicycle and Pedestrian Board both had strongly recommended Resolution C.  She would be willing to vote for Resolution B, she said, but she had been persuaded that Resolution C was the better choice. 

 

Mayor Foy commented that Resolution B was fine and that he could support Resolution C as well.  He was also willing to look at Council Member Ward's option, he said, but added that the Council did not have enough information to vote on that tonight. Mayor Foy suggested that the Council decide whether or not they wanted to vote on something tonight or wait for more information on Council Member Ward's proposal. 

 

Council Member Verkerk replied that she was intrigued by Council Member Ward's idea as well and would like the Town traffic engineer to comment on it. Other Council members agreed.

 

Council Member Ward said that he would appreciate taking the extra time to get a professional perspective.

 

Council Member Hill expressed support for examining Council Member Ward's proposal, noting that Cameron Avenue was one of the most heavily used bicycle corridors in the State.  He noted that former Council Member Bateman had said it was the first place in Chapel Hill that the Town should stop allowing cars. 

 

Council Member Harrison agreed with Council Member Hill that Cameron Avenue should not be a long-term parking lot.  He acknowledged that having meters does not look very residential in Chapel Hill, but said that this might be what it will take.  Council Member Harrison expressed support for the Transportation Board's suggestion that revenues go toward bike and pedestrian projects.  He noted that there was no precedent for that but there was no precedent for handling a street in this way either. Council Member Harrison said that it was a very important bicycle route and for him that was the preferred usage.

 

Council Member Strom stated a preference for Resolution C, and maybe Resolution B.  He explained that he had long supported getting parking off Cameron Avenue and had heard from many citizens who believe that doing so would support additional bike riding in that corridor.  If the Council asks the staff to develop Council Member Ward's proposal, Council Member Strom asked that there be adequate time to send the staff report to the Transportation Board and the Bicycle and Pedestrian Advisory Board as well.  Mayor Foy replied that doing so was part of the process. 

 

With regard to the $35,000 capital cost associated with meters, Council Member Strom wondered why the Town could not use the meters that it was removing from other parking lots in Town.

 

Mayor pro tem Wiggins said that she had been considering Resolution C.  But she did not see how the Town could eliminate large blocks of parking in addition to the parking that it would be removing as part of the proposed downtown development. Mayor pro tem Wiggins expressed interest in Council Member Ward's proposal.  It seemed to provide safe, wide bike lanes while also allowing for some parking as well, she pointed out.

 

COUNCIL MEMBERS REFERRED THE ITEM BY CONSENSUS BACK TO THE MANAGER FOR STUDY OF THE ADDITIONAL OPTION OFFERED BY COUNCIL MEMBER WARD.  THEY ALSO REFERRED IT TO THE BICYCLE AND PEDESTRIAN ADIVSORY BOARD AND TRANSPORTATION BOARD.  IN ADDITION, THE COUNCIL ASKED THE STAFF TO STUDY THE POSSIBLE RE-USE OF PARKING METERS BEING REMOVED FROM LOT 3.

 

 

Item 8 - Report on Impact of Recent Legislation

regarding Development on State-Owned Land

 

Mr. Horton stated that he and the Town Attorney had met with the Planning Director and staff to review the legislation and its implications.  Tonight they were offering their opinion of the new legislation's potential impacts, he said.

 

Mr. Waldon explained that after October 1, 2004, new Town projects that do not involve buildings will have to go through processes that they do not currently need to go through.  This would included greenways being converted into playing fields, for example, and will have implications for the Town and University, Mr. Waldon pointed out.  He said that a UNC development plan that the Council had already approved pursuant to the O&I-4 zone would still be under the old rules, but that University-owned land that is other than O&I-4 would be subject to the new rules.  For example, constructing a parking lot or playing field on land outside of the O&I-4 zone will have to go through the Town's regulatory process just as a building would, Mr. Waldon explained.

 

Mr. Waldon discussed the impact of this on pending projects.  He said that the staff believes that it would be easy with some Town and University projects to make a case that a vested right had been established and that those projects could proceed as envisioned.  The bottom line, he said, was that as of October 1, 2004, there would be a change in the way that Town and University projects outside the O&I-4 proceed to get authorization to move forward.

 

Council Member Ward verified that this did not apply to Orange County projects.  Mr. Karpinos pointed out that it would apply to County projects that are located in Chapel Hill.

 

Council Member Ward inquired about the Southern Human Services Center on Homestead Road.  Mr. Waldon explained that there would be no change there because that project involves a building.

 

Mr. Horton said that the Town would forward the information to UNC and would explain the Town's views to them.  UNC probably would bring any follow-up questions to the Council, he said. Mayor Foy verified that the staff would forward the information to Orange County as well.

 

Item 9 - Recommended Changes in Staff Work Schedule for Review

 of Land Use Management Ordinance Text Amendments

 

Mr. Waldon noted that the Council had requested two changes in the schedule: to expand and move up some work on affordable housing provisions in the ordinance; and, to add consideration for changes to how multi-family housing proposals can be brought forward in residential zones.  In order to do that, he said, the staff had shifted back some stormwater work.  He presented a revised schedule. 

With regard to affordable housing requirements, Council Member Strom remarked that clarifying the rounding-up or down of formulas that would apply to the developers' requirements did not seem so complex that it could not be accomplished.  He cautioned against waiting until spring of 2005 to clarify the rounding issue.  Council Member Strom proposed pulling that from page three, putting it in a special box, and asking that it be dealt with this fall. 

 

Mr. Waldon explained that the staff was in the process of preparing a report that clarifies the existing language. That should be ready by the Council's next meeting, he said.  Mr. Waldon stated that changing what the ordinance says about rounding up or rounding down could be separated from the other issues.  But he was not sure, he said, that it could be addressed earlier than spring 2005 given the public hearing calendar that the Council had set through the fall. 

 

Mr. Horton asked Mr. Waldon why that item could not be scheduled for a regular business meeting.  Mr. Waldon replied that it was a change in the ordinance that would require a public hearing.  Mr. Horton pointed out that the Council could conduct such a hearing at a regular business meeting.  He said that he thought it might be possible and that he would like to work with Mr. Waldon to figure out a way to do it so that it would not burden the staff.  Council Member Strom replied that he would appreciate anything that could be done to expedite this one very focused topic. Mr. Horton offered to report back on that at the Council's next regular business meeting on October 11, 2004.  

 

Council Member Greene agreed with Council Member Strom's suggestion.  She said that changing the formula should not be too difficult to achieve.  Council Member Greene stressed the Council's strong interest in affordable housing and expressed hope that the staff would address the issue soon.

 

Mayor Foy pointed out that the schedule had listed seven items that were being deferred from fall 2004 to fall 2005. He wondered how realistic it was that they would be addressed in fall 2005 and not deferred again to 2006.  Mr. Waldon replied that he hoped they would not be deferred again but that it was a reasonable apprehension.  Many of those needed to be kept together as a cluster of issues, he said, and pointed out that it was an aggressive schedule even with the changes.

 

Mr. Horton noted that much would depend on what additional assignments the staff receives in the meantime and the time it takes to include some of the ambitious projects that were already underway.  He stated that he believed the ambitious schedule was worth attempting and possible to achieve.

 

MAYOR PRO TEM WIGGINS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT R-17.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

 

A RESOLUTION REGARDING PRIORITIZATION OF EVALUATION OF REMAINING LAND USE MANAGEMENT ORDINANCE TEXT AMENDMENT ITEMS IDENTIFIED AT THE JANUARY 21, 2004, PUBLIC HEARING AND ON SEPTEMBER 7, 2004 (2004-09-27/R-17)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the following schedule of consideration of Land Use Management Ordinance text amendments:

 

ISSUE

ACTION

Clarify the relationship between building code and Land Use Management Ordinance definitions of floor area.

Defer discussions, pending further study, with recommendations to the Council in fall, 2005.

Clarify land disturbance triggers for soil and erosion control requirements; coordinate with similar requirements in other documents.

Defer discussions, pending further study, with recommendations to the Council in fall, 2005.

Adjust parking requirements (Section 5.9).

 

Defer discussions, pending completion of study that is currently underway (report expected to Council in November with likely public hearing in spring, 2005).

Reconsider affordable housing requirements (Section 3.8)

Defer discussions, pending further study, with recommendations to the Council by spring, 2005.

Reconsider using the “2-year frequency, 24-hour storm event” as the basis upon which calculations are made regarding how much stormwater (volume) needs to be retained on-site.  (Section 5.4.6)

Defer discussions, pending further study, with recommendations to the Council in fall, 2005.

 

Consider how to handle porous pavement as impervious surface (Table 3.8-1, footnote (k)).

Defer discussions, pending further study, with recommendations to the Council in fall, 2005.

Clarify distinctions between water treatment requirements for runoff from public streets vs. private lots.

Defer discussions, pending further study, with recommendations to the Council in fall, 2005.

Reconsider requiring stormwater management facilities on individual single-family lots (Section 5.9.2(a)).

Schedule further consideration in fall, 2005.

Increase flexibility in “alternate buffer” provisions (Section 5.6.8).

Defer discussions, pending further study, with recommendations to the Council in fall, 2005.

Consider reducing minimum lot size from 5 acres to 1 acre for Planned Development-Housing in residential zoning districts (Section 6.18.4)

Discuss in fall, 2005.

 

This the 27th day of September, 2004.

 

 

Mayor Foy verified that the staff would bring the affordable housing issue back at the Council's next business meeting. 

Item 10 - Designation of Delegate and Alternate Delegate to the

North CarolinaLeague of Municipalities Annual Meeting

 

COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER VERKERK, TO ADOPT R-18 WITH COUNCIL MEMBER HARRISON AS THE ALTERNATE.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

 

A RESOLUTION DESIGNATING A DELEGATE AND ALTERNATE DELEGATE TO THE NC LEAGUE OF MUNICIPALITIES’ ANNUAL MEETING (2004-09-27/R-18)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby designates Mayor Kevin Foy to serve as the Council’s voting delegate and Council Member Ed Harrison to serve as its alternate to the NC League of Municipalities’ annual meeting October 24-26, 2004.

 

This the 27th day of September, 2004.

 

 

Item 11 - Designation of Delegate and Alternate Delegate to the

National League of Cities’ Congress of Cities Meeting

 

Because no members of the Council had plans to attend the Conference, Council members agreed by consensus to defer this item.

 

Item 12 - Appointments

 

a.       Library Building Committee.  The Council appointed Linda Sanders, Jeffrey Pomerance, June Dunnick, and Ken Brown to the Library Building Committee.

 

 

Council Members

 

 

Library Building Committee

Foy

Greene

Harrison

Hill

Kleinschmidt

Strom

Verkerk

Ward

Wiggins

TOTAL

Linda Sanders (Pritchard Park)

X

X

X

X

X

X

X

X

X

9

Jeffrey Pomerantz (at large)

X

X

X

 

X

X

X

X

X

8

June Dunnick (at large)

X

X

X

X

X

X

 

X

 

7

Kenneth Broun (at large)

X

X

X

X

X

X

X

X

X

9

 

 

 

MAYOR PRO TEM WIGGINS MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT R-20, AS AMENDED TO INCLUDE COUNCIL MEMBERS GREENE, STROM, WARD AND WIGGINS AS REPRESENTATIVES TO THE COMMITTEE. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION DESIGNATING ONE OR MORE COUNCIL MEMBERS AS REPRESENTATIVES TO THE LIBRARY BUILDING COMMITTEE (2004-09-27/R-20)

 

WHEREAS, the Council at its June 30, 2004, meeting created the Library Building Committee; and

 

WHEREAS, the membership of the Library Building Committee is to have one or more Council members as representatives to the Committee;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council designates the following Council member(s) to serve on the Library Building Committee:

 

            Council Member Sally Greene

            Council Member Bill Strom

            Council Member Jim Ward

            Mayor pro tem Edith Wiggins

 

This the 27th day of September, 2004.

 

 

b.         Personnel Appeals Committee. The Council did not make any appointments to the Personnel Appeals Committee.

 

Mayor Foy explained that two applicants had received multiple votes, but no majority.  After discussion, the Council decided to vote on October 11, 2004, and to instruct the Town Clerk to limit the results to the two who receive the highest number of votes.

 

Council Members

 

 

Personnel Appeals Committee

Foy

Greene

Harrison

Hill

Kleinschmidt

Strom

Verkerk

Ward

Wiggins

TOTAL

Anita Badrock

 

 

 

 

 

 

 

 

 

 

Rebecca Clark

 

X

 

 

X

 

 

X

 

3

Charles Collier

 

 

 

 

 

 

 

 

 

 

Bernard Law

 

 

X

X

 

X

 

 

X

4

Pikeui Tu

 

 

 

 

 

 

X

 

 

1

 

 

 

c.        Stormwater Management Utility Advisory Board.  The Council appointed the following to the Stormwater Management Utility Advisory Board:

 

Residential Property Owners:  Don Brewer, Karen Vanderwall

Business Owner/Employee: Alan Rimer

UNC Employee: Milton Heath

 

 

Council Members

 

Stormwater Management Utility Advisory Board

Foy

Greene

Harrison

Hill

Kleinschmidt

Strom

Verkerk

Ward

Wiggins

TOTAL

Residential Property Owners:

 

 

 

 

 

 

 

 

 

 

Lawrence Band

X

 

 

X

 

 

X

X

 

4

Don Brewer

X

X

X

 

X

 

X

X

 

6

Harlan Cornell

 

 

 

 

 

 

 

 

 

 

William Foster

 

 

 

 

 

 

 

 

 

 

Margaret Holton

X

 

 

 

 

 

X

X

X

4

Patricia Hughes

 

X

 

X

X

X

 

 

 

4

Suzanne Lea

 

 

X

 

 

X

 

 

 

2

Alan Rimer

 

 

 

 

 

 

 

 

X

1

Karen Vanderwall

 

X

X

X

X

X

 

 

 

5

Business Owners or Employees:

 

 

 

 

 

 

 

 

 

 

Philip Post

X

 

X

 

 

 

 

X

X

4

Alan Rimer

X

X

X

X

X

X

X

X

 

8

   UNC Employees:

 

 

 

 

 

 

 

 

 

 

Lawrence Bond

 

 

 

 

 

 

 

 

 

 

Milton Heath, Jr.

X

X

X

X

X

X

X

X

X

9

Margaret Holton

 

 

 

 

 

 

 

 

 

 

 

 

Mayor Foy noted that vacancies remained on the Stormwater Utility Advisory Board for a residential property owner and four business owners or business employees.

 

The meeting adjourned at 9:55 p.m.