Mayor Kevin Foy called the meeting to order at 7:00 p.m.
Council members present were Laurin Easthom, Sally Greene, Ed Harrison, Cam Hill, Mark Kleinschmidt, Bill Strom, Bill Thorpe, and Jim Ward.
Staff members present were Town Manager Roger Stancil, Deputy Town Manager Florentine Miller, Assistant Town Manager Bruce Heflin, Town Attorney Ralph Karpinos, Town Information Officer Catherine Lazorko, Planning Director J. B. Culpepper, Development Coordinator Gene Poveromo, Principal Long Range Planner Gordon Sutherland, Principal Transportation Planner David Bonk, Police Chief Gregg Jarvies, Fire Chief Dan Jones, Housing Director Tina Vaughn, Information Technology Director Bob Avery, Housing and Neighborhood Services Coordinator Loryn Clark, Traffic Engineer Kumar Neppalli, Public Works Director Steve Spade, Urban Forester Curtis Brooks, Assistant Parks and Recreation Director Bill Webster, and Town Clerk Sabrina Oliver.
Principal Long Range Planner Gordon Sutherland introduced the item. He said the sidewalk construction plan would be referred to advisory boards and commissions following the public forum. Mr. Sutherland said that there was $720,000 plus set aside for sidewalk construction. He added that the item would come back to Council at its November 20 meeting. Mr. Sutherland said that projects one through five were in the Northside area, and were included in the pending Northside Mobility Plan.
Mr. Sutherland said the staff recommendation was for the Council to refer comments received tonight to the Bicycle and Pedestrian Advisory Board, the Transportation Board, the Active Living by Design Committee and to the staff.
Jim Heavner, 719 Gimghoul Road, said he was chair of the Gimghoul Sidewalk Committee. He noted that 35 of the 40 Gimghoul Road residents had participated in a petition and that 32 of the 35 had requested a sidewalk along Gimghoul Road. Mr. Heavner said that Gimghoul was one of Chapel Hill's oldest roads, and its proximity to the University also made it one of the most heavily traveled. He requested that Gimghoul be placed on the Town's agenda of work and that it be included in the 2007-2008 sidewalk construction plan.
Mr. Heavner said that his committee would be willing to approach the University to seek financial assistance for construction of a sidewalk. He also requested that his committee be included in the process to work towards adding Gimghoul to the sidewalk construction plan. Mr. Heavner noted that infrastructure improvements were necessary as well, which might drive the cost up.
Blair Pollock requested a sidewalk along Martin Luther King, Jr. Boulevard from Timber Hollow Court to Homestead Road. He said the well defined path along the road demonstrated that there was a great deal of foot traffic there. Mr. Sutherland said that stretch of sidewalk had been funded from STPDA direct allocation funds. He said once they had reviewed the NC 86 implementation plan they would be ready to proceed with it.
Sarah Kerr, a resident of the Colony Woods neighborhood just outside the Chapel Hill city limits, stated there was no sidewalk was on Ephesus Church Road where the County line began. She asked what had to happen in order to have a sidewalk constructed there, since it was both in the County and in the Town.
Council Member Harrison said he had previously asked about that section of Ephesus Churc h Road. He said the sidewalk being constructed now was being done by a Durham City developer, but it would leave a gap to Colony Woods Drive. Mr. Sutherland noted that was a State maintained road, adding the Town could spend money on State roads but that would be a shift from its past actions.
Mayor Foy asked Mr. Sutherland when potential STPDA funds might be available, noting that both Durham and Chapel Hill had an interest in this road, and it might have a higher priority than other projects. Mr. Sutherland said there was only about $200,000 available in 2007 for the region.
Council Member Kleinschmidt asked if this section of sidewalk was noted as #58 on the priority list. He said it should get additional points for being near a school, which would change its ranking to higher on the list, possibly in the top 12 or so. Mr. Sutherland said staff could look at the specifics of this and report back to the Council.
Mayor Foy thanked Ms. Kerr for bringing the matter to the Council's attention. Mayor pro tem Strom noted this would come back to the Council on November 20.
Joseph Farrington, a resident of Graham Street, said that sidewalks were not needed there because people walked on the street. He said that sidewalks gave people the opportunity to “hang around” at all hours of the night, and his neighborhood could do without that.
Council Member Ward said he was curious about whether there were people who could take advantage of sidewalks in that area. He said perhaps the Police should be asked to address illegal activities in that neighborhood. Mr. Farrington said they had called the Police but were told there was nothing they can do.
Council Member Kleinschmidt stated that the Council would later this evening be calling for a public hearing for November 6 on the Northside Mobility Plan. He suggested that Mr. Farrington and his neighbors look at that draft plan, and possibly attend the public hearing to comment on it.
Dana Gelin, a resident of 117 North Street, said she did not see the need for a sidewalk between MLK Jr. Boulevard and Henderson Street. Instead, she asked, was there some way to slow down the traffic, noting that area was often used as a cut-through. Mr. Sutherland provided more information on the process, and explained the contact they had with residents in various neighborhoods.
Delores Bailey, a resident of North Graham Street, said that traffic-calming devices were needed. She stated that as long as Chapel Hill did not have loitering laws this issue would continue to exist. Ms. Bailey stated that the five feet needed to put in a sidewalk would put loiterers and the traffic even closer to homes. She noted that people were in the street at 3:00 a.m., and would not leave when asked to do so. Ms. Bailey stated that a sidewalk was not needed on North Graham Street, but that traffic-calming devices were needed.
Blair Pollock spoke again regarding Homestead Road near the transitional housing. He said there was about 50 feet there, and safe passage needed to be provided for pedestrians, particularly children and mothers with strollers.
Tim Crothers, Dana Gelin’s husband, said they were particularly interested in this because they often stroll with their son up and down the street. He said that everyone wanted to preserve trees on one side of the street, noting that that side of the road was the only side where it was feasible to construct a sidewalk. He asked if there was a way to build it around the trees.
Urban Forester Curtis Brooks said this sidewalk had been on the plan for these reasons for quite a while, noting it would be valuable for the Council to take a look at this area. He suggested that a gravel sidewalk around the trees was not an alternative, noting tripping and other hazards that would result due to the tall trees with large roots. He said also important was the condition of the trees, which was declining. Mr. Brooks said this was a particularly challenging area.
Mayor Foy asked about Hamilton Road from Cleland to Flemington. He said it was an unpaved road, and wondered if the Town was contemplating putting a sidewalk next to an unpaved road. Mr. Sutherland noted that this had fluctuated back and forth, adding it was not unusual for there to be a grass strip followed by a paved sidewalk. He said it did not necessarily have to have curb and gutter.
Council Member Harrison said that was one of those potential sidewalks that once built might have a large amount of use. He said another such sidewalk was on East Lakeview Drive. Council Member Harrison said he was glad that Ms. Kerr had attended tonight, noting that this sidewalk would be the first sidewalk built by the Town in Durham County since Chapel Hill’s annexations into the County started in 1969. He said it was nice to see a jump in activity, in effect providing better connectivity between communities. Mr. Sutherland said on November 20 they would recommend setting aside $50,000 of the State provided funding.
Mayor Foy requested that staff follow up with the Gimghoul Road request, noting it needed to be settled. He asked staff to explore the possibility of the neighborhood providing some funding, as well as approaching UNC since they contributed a majority of the traffic. Mayor Foy said the issue regarding infrastructure needed to be addressed as well.
Mayor pro tem Strom stated that UNC had participated in the Cameron/McCauley neighborhood work by providing materials. He said he was in favor of having staff participation in a three party conversation regarding that.
Mr. Heavner noted that drainage was poor in that area as well, noting that a temporary lake was created whenever it rained. He said if sidewalks were contemplated, then the infrastructure should be addressed at the same time.
Mayor Foy ask staff to reconsider Hamilton Road, noting there was a lot of foot traffic due to the soccer fields, as well as vehicular traffic. He said he believed that needed to be thought through.
Council Member Easthom said she had been contacted by a citizen on priority #73, which was MLK Jr. Boulevard from Weaver Dairy to Northwood Drive. She said there was a bus stop there with a fair amount of pedestrian activity. Council Member Easthom said it was designated as beyond Town limits, and asked how the Town would seek funding for that. Mr. Sutherland said they were not empowered to construct sidewalks outside city limits, so the State would be responsible for that.
MAYOR PRO TEM STROM MOVED, SECONDED BY COUNCIL MEMBER KLEINSCHMIDT, ADOPTION OF RESOLUTION R-1. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
There were no petitions offered by the public.
Announcements
1. Council Member Easthom provided an update on the wireless exploration she was involved in. She said it was one of the Council’s top ten goals, and stated that the University had offered to provide help. Council Member Easthom stated that a public forum had been held on the benefits of a wireless network for the Town, and the Council had decided to first engage in a technology master plan for the Town.
Town Manager Roger Stancil noted he had appointed a staff team of representatives from the various departments that were involved with, or affected by, technology, which was headed by Deputy Town Manager Florentine Miller. He said that team would be developing a strategic plan for the deployment of technology that met the Council’s interests, which included a wireless access throughout the Town, the strategic use of technology to enhance citizen access and participation in Town government, and the use of technology to help employees accomplish their jobs more effectively and efficiently. Mr. Stancil stated that the first step for the staff team step was to assess current capability and capacity and build a plan based on that current capacity.
Council Member Easthom asked how the Council would like to address this, and if they wanted to have a discussion on the progress of a master technology plan included on an agenda before the end of the year.
Mayor Foy asked what the anticipation was of the timeline of the work, and when would it be most fruitful for the Council to weigh in. Mr. Stancil said the team would meet for the first time tomorrow to begin their work.
Mayor Foy suggested placing this on the next agenda for discussion, and then the Council could decide when it would be most productive to provide input into that process.
2. Council Member Thorpe said he was disturbed that the Council could defer an issue to the staff, and then learn that it had been resolved by reading about it in the newspaper. He said he was referring to the petition regarding a Transportation employee who had lost her job due to loss of eyesight. Council Member Thorpe said in the future if the staff had been asked to work on an issue, then any information regarding that issue should first come before the Council, not talked about with reporters.
Council Member Thorpe pulled Item #4b, Award of Contract for Bus Purchase.
COUNCIL MEMBER KLEINSCHMIDT MOVED, SECONDED BY COUNCIL MEMBER GREENE, ADOPTION OF RESOLUTION R-2 WITH ITEM #4b REMOVED. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Item #4b, Award of Contract for Bus Purchase
Council Member Thorpe made the point that the Town could spend a lot of money without talking about it, or possibly argue over $15 for weeks. Transportation Director Steve Spade said they were excited to alert the Council that they were purchasing 16 new buses, noting the Town was fortunate to secure $7.5 million in funding. He stated they had solicited bidders for 35- and 45-foot buses, as well as 60-foot buses. Mr. Spade said the proposed resolution would allow them to move forward on 16 buses at $5.5 million, which included three hybrid vehicles at $519,000 each. He noted that the delivery date was expected to be in July of 2007. Mr. Spade noted that the buses would be low floor buses with the entrance at curb level, making them much more accessible to disabled and elderly users.
Council Member Harrison commented that taking the step of getting the 60-foot articulated buses would mean that the Town would have in its possession a bus specifically designed for regional transit. Mr. Spade noted they had just readvertised bids for articulated buses this week, and were projecting a November 16 bid opening date. He said if they have successful bidders, they could be back before the Council in December.
Mayor pro tem Strom said the Town was buying $5 million in buses. He said they complain about the federal government, but the Town was getting a lot of help from them. Mayor pro tem Strom said the Town was matching about $600,000 in funds for that $5 million in buses.
Council Member Greene said, regarding Item #4h, the Town was accepting a US Department of Housing and Urban Development Resident Opportunities and Self-Sufficiency grant of $240,000, and this too was a good thing.
COUNCIL MEMBER THORPE MOVED, SECONDED BY COUNCIL MEMBER KLEINSCHMIDT, ADOPTION OF RESOLUTION R-4. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
5a. None.
Discussion regarding Recent Environmental Accident in Apex
Mayor pro tem Strom said he was interested in the dangerous and dramatic fire that took place recently in Apex, and wanted to know of any lessons learned and possibly hear comments about any disaster planning or evacuation procedures in Chapel Hill.
Fire Chief Dan Jones provided an update on the recent incident. He said that Apex had to evacuate one half of its population because of the environmental concerns. Chief Jones said the accident had been handled well by the response teams. He stated that it was allowed to burn, decreasing the environmental impact. Chief Jones noted that decision was key to a good outcome.
Chief Jones said that Chapel Hill had not allowed that type of business to locate here, noting that the closest the Town had to those kinds of chemicals, which was a low quantity, was the collection site at Estes Drive for the University. He said that was a specialized facility, noting the chemicals were isolated, contained on-site and met all OSHA and EPA standards. Chief Jones noted the facility was made of concrete and contained its own fire suppression system, and was not a facility that he worried about.
Mayor Foy asked if that facility was a transfer site where the University held hazardous waste before shipping it elsewhere. Chief Jones responded that was correct, noting they collect waste from research and store it there, then moved it off site. He said Chapel Hill had good mutual aid agreements and access to a hazardous management team, making them as prepared as possible for any potential problems. Chief Jones said the Town’s level of preparedness exceeded its level of risk.
Council Member Kleinschmidt asked about the contrast to quality and security of the UNC facility. He asked if the accident in Apex could be attributed to OSHA violations or to some over lack of oversight. Chief Jones responded the facility was a standard steel on slab warehouse, not necessarily designed for chemical collection and packaging. He said it was a distribution point, and contained a variety of chemicals. Chief Jones said the best defense was to keep those facilities away from populated areas.
Mayor pro tem Strom asked, if the need to be evacuated arose, how the Town would get information out to the public. Chief Jones said it would depend on the situation. He stated that if an emergency evacuation occurred, then they would use the news media, loud speakers throughout neighborhoods using Police and Fire personnel. They would use Transit personnel and vehicles to transport children from day cars, as well as other means such as door to door notices, he said. Chief Jones explained that the methods used would depend on whether it was an emergency event or an event that they had anticipated and had additional time to plan for.
Housing and Neighborhood Services Coordinator Loryn Clark provided an introduction. She said that on June 26 the Council decided to postpone discussion on the Planning Board’s petition to allow time for discussion with Planning Board representatives on the recommendations. Ms. Clark said that Planning Board Chair Ruby Sinreich and Planning Board Member Tom Jensen were present to discuss the Board’s recommendations for development of future NCDs.
Ruby Sinreich said that throughout the process of the last three NCDs, the Planning Board had offered suggestions regarding how it could be done more easily. She said the six proposals noted in the memorandum were the Board’s “laundry list” of how to do this better. Ms. Sinreich said they believed that more neighborhood leadership was necessary.
Ms. Sinreich said the proposal from Clarion Associates concurred with the Planning Board’s recommendation. She said more consultation with the Planning Board prior to going to the Council was preferable.
Mayor Foy said based on the letter of June 15 provided by Roger Waldon of Clarion, Mr. Waldon was indicating that the Planning Board’s suggestions were well grounded and constructive, and that they had built their proposed work program and schedule in a manner that incorporated the Planning Board’s suggestions. He wondered if the Council should let this play itself out and then see if they were happy with the results. Mayor Foy said it might be better when the next NCD was proposed to incorporate the Planning Board’s recommendations and see whether or not it was successful.
Ms. Sinreich said the Planning Board had felt there was still some disagreement about what an NCD was for or not for, and what tools should or should not be used. She said in their memo they had highly suggested that some of these changes be put into place and that more consultation with the Planning Board take place before NCDs were initiated. Ms. Sinreich said their requests were being made to the Council, not to the consultant, adding they did not believe that a consultant was always necessary.
Council Member Greene said she was the liaison to the Planning Board and had participated in many of the discussions regarding this. She said she believed their recommendations deserved a lot of weight. Council Member Greene said there were three crucial recommendations proposed by the Planning Board that the staff were not recommending, and she believed those three were worthy of consideration. She said the first was to ask the Council to appoint voting members to the Committee, noting it would add clarity and responsibility. Council Member Greene said the next step the Planning Board was recommendation was a meeting between the Board and the Council to determine exactly what an NCD was and what the neighborhoods needed to do. She said what she had heard, though, was a request for something like a concept plan, and not something that would made neighborhood association rules law.
Ms. Sinreich agreed, noting that the first step was very important in that the Town should consult with neighbors before establishing boundaries. She said there needed to be discussion up front about what those boundaries were. Ms. Sinreich said that goals were a big issue, and more thought needed to be put into those.
Ms. Clark commented that there were currently no NCDs pending. She said she had heard some rumblings but nothing official.
Mayor Foy said he liked the concept plan idea in order to iron out some of the issues and see where they were headed.
Council Member Greene said as soon as the current NCD came to a conclusion perhaps the Council should take the time to codify the process. She said she believed they could codify the concept plan idea, and she believed it made more sense to have voting members each time.
Council Member Kleinschmidt said it made sense to more clearly define the NCD process. He said perhaps it would take some type of text amendment, noting he did not like the idea of the Planning Board suggestions hanging out there in the air without some response or action.
Mayor Foy said the staff had concurred with recommendations three, four, and five, and the Council could move ahead and confirm those. He said recommendations one, two, and six, where the staff did it concur, would need further discussion. Mayor Foy said he believed it would be most productive for the Town and neighborhoods to use the concept plan approach.
Mayor pro tem Strom agreed that a concept plan process was a good idea. He said he would like to see actual neighborhood representatives. Mayor pro tem Strom said it would be helpful to get some language in front of the Council on those first two points so that they could be proactive and continue the conversation and move ahead on the recommendations.
Council Member Greene agreed. She said based on the discussion, she believed the Council could agree with recommendations one, two, four, five, and six. She said that would leave recommendation three, which involved whether or not to have voting members, for discussion.
Ms. Sinreich suggested that a boundary be drawn as large as conceivably possible, noting during the process it could be reduced or expanded as necessary. Mr. Jenson said that according to Clarion’s schedule they should already be meeting, and asked if they needed to look at a new timeline? He noted they were a month behind schedule.
Council Member Kleinschmidt wondered if this process could be monitored closely, perhaps more closely than usual. He said he would like to identify those times when neighborhoods make a decision on a path to follow, and that an analysis of that decision be provided to the Council to allow them to determine what the consequences or advantages of some other paths might have been.
Council Member Kleinschmidt said he did not want Clarion to finish up its tasks without being aware of any lessons that might have been learned or problems that might have been avoided. He suggested that it would be useful to know, for instance, that a boundary decision was made in this way but it could have been done another way as well, resulting in a different outcome. Council Member Kleinschmidt said it would be easier to do that while actually going through an NCD process. He said that type of information would be helpful if they were going to consider amendments to the process.
Mayor Foy suggested watching the Mason Farm/Whitehead Circle NCD process unfold and then asking staff to bring back a revised process.
COUNCIL MEMBER GREENE MOVED, SECONDED BY MAYOR PRO TEM STROM, TO HAVE STAFF PREPARE A TEXT AMENDMENT TO THE NCD PROCESS TO DESIGNATE THAT THE NCD PROCESS WOULD BEGIN WITH A CONCEPT PLAN REVIEW, TO ENTAIL A MEETING WITH THE PLANNING BOARD AND THE COUNCIL, AND AT THAT TIME THAT FURTHER DISCUSSION WOULD TAKE PLACE ABOUT THE CONCEPT PLAN REVIEW PROCESS AS WELL AS DISCUSSION ABOUT OTHER ISSUES. ALSO, THAT PLANNING BOARD RECOMMENDATION #3, 4, AND 5 WOULD BE INCORPORATED INTO THE NCD PROCESS. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Assistant Parks and Recreation Director Bill Webster provided an introduction to the Morgan Creek Trail Concept Plan. He said the project had been delayed by about two years due to floodplain issues. Mr. Webster said there were also FEMA issues regarding the placement of bridges.
Mr. Webster explained that the proposed tail would provide access to Merritt’s Pasture. He said major problem areas had to do with Morgan Creek, noting that the intersection at Culbreth Road and US 15-501 was dangerous. Mr. Webster said the Committee was recommending an underpass at Culbreth Road, adding that bridge would require approval from FEMA. He said there was land and access with reasonable grades to provide a parking lot, but they were hoping to avoid that. Mr. Webster said they were hoping to work with the Hill Song Church to use their existing parking lot, noting the Church had said they were interested in discussing that. He said a part of the trail abutted Fordham Boulevard, where two bridges were proposed. Mr. Webster said the trail then entered the property of Kingswood Apartments, and they had indicated their support although no promises had been made. He said the trail would cross other properties where the owners had indicated support as long as dividing fences were provided.
Mr. Webster said that Carrboro’s main interest was getting students from the large residential area in Berryhill Subdivision, noting that a short section of sidewalk and a small underpass on Smith Level Road would provide that access. He said that Carrboro was very interested in participating in that project.
COUNCIL MEMBER KLEINSCHMIDT MOVED, SECONDED BY MAYOR PRO TEM STROM, ADOPTION OF RESOLUTION R-12. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Long Range Transportation Coordinator David Bonk provided an introduction to the 2007-2013 Metropolitan Transportation Improvement Program. He said currently the TAC was identifying key issues from the draft Plan. Mr. Bonk said they were pleased that none of the Town’s projects had been delayed, and some had been allocated increased funding. He said generally they were recommending that the Council comment that funding for the upgrade to the traffic signal system be accelerated given the condition of the existing signal system and the benefits to traffic flow and transit service efficiency.
Mr. Bonk said the second comment they were recommending was that additional funding be provided for the purchase of transit capital equipment. He said replacement of existing transit vehicles and expansion of the transit fleet would require that additional funding.
Mayor Foy commented on the signal system upgrade. He said that Cary had in the past advanced funds for project they wanted to get done with the understanding that the funding would be reimbursed. He asked if Chapel Hill could do that with signal system update. Mr. Bonk responded that they would explore that.
Mayor pro tem Strom said he was convinced that there was a public safety issue in Town with how the system was functioning. He asked if Weaver Dairy Road be moved back and the signal system upgrade moved forward. Mr. Bonk said that would have to be coordinated with NCDOT, adding it had been done in the past. He said perhaps the purchase of the right-of-way for Weaver Dairy Road could move forward, then trade off construction by two years and accelerate the traffic signal. Mr. Bonk suggested that if that was what the Council wanted to pursue, they direct the Manager to proceed with discussion with NCDOT regarding that possibility.
Mayor Foy agreed that was how the Council should proceed. There was no objection from the Council. Mayor Foy said he was also interested in whether their participation in the signal system funding might lead to a product that they were more satisfied with, noting that some of the Town’s neighbors had been dissatisfied with their signal system upgrades. He indicated that the Town had some interest in having fiber optic cable laid at the same time.
Council Member Easthom said she was interested in exploring the laying of fiber optic cable along with the upgrade. She added her belief that the signal system situation was tenuous at best, and was definitely a safety issue.
Council Member Harrison said at the last TAC meeting he was struck that the mayor of Durham had said that Chapel Hill needed to pay close attention to the upgrade, noting that Durham’s upgrade had not been entirely successful. He said if there was any way that the Town could pay closer attention to that process he would be in support of that.
Council Member Harrison asked Mr. Bonk why the Old Durham-Chapel Hill Road project was not listed in Table 1, but was listed for construction in 2009. Mr. Bonk said it was a joint project, funded in part by the STPDA program. He said they were looking for additional funding to get it done quicker.
Mayor Chilton of Carrboro stated that the Carrboro Board of Alderman had discussed TIP priority #8, which was the Estes Drive Ext. project. He said they would like to explore a new way to approach that. Mayor Chilton suggested on the Carrboro side of the project there was very little right-of-way as you approached Greensboro Street and the topography became difficult for adding bikelanes or sidewalks. He said they wanted to pursue placing a multi-use pedestrian and bike path from the end of Williams Street down to Estes Drive Extension to Greensboro Street. Mayor Chilton said that would allow for a connection from Estes Drive Extension to Greensboro Street beginning from the area of Estes Park Apartments.
Mayor Chilton said they were particularly concerned about the language in priority #8. He said the project described a sidewalk, a turn lane, and bike lanes to be added to Estes Drive Extension from NC 86 to North Greensboro Street. Mayor Chilton stated that although they eventually needed to get there, the reality was that a month ago a seven-year-old child was hit and injured in that area. He said the situation had gotten so bad that it was not just bicyclists who were experiencing hazards.
Mayor Chilton suggested that the Council consider moving priority #8 further up the list, and perhaps reducing the scope of the request by dropping the notion of a turn lane. He said that would get the project budget down to a range where it could be afforded sooner than 2013 and beyond. Mayor Chilton also suggested that to accomplish as little as the extra wide shoulder Chapel Hill had done in NC 86, that it be continued from Seawell School Road down to as far as the existing right-of-way would allow. He said that would be a “fantastic” interim step.
Mayor Chilton said the resolution to be considered asked that the Council make two comments on the Plan to the TAC. He suggested that a comment be added on the notion of taking some interim steps to improve safety along Estes Drive Extension, at the very least from Estes Park Apartments to Umstead Drive, to provide bicycling alternatives that were safer.
Council Member Harrison said he advocated for road improvements for bicyclists and pedestrians and dealing with “choke points” of any size. He said he Rosemary Street missing sidewalk portion was a good example. Council Member Harrison said the State had not shown much desire for small projects, but believed if the Towns came together we might be more successful.
Council Member Ward said he agreed with Mayor Chilton’s characterization that this needed to be addressed before 2013. He said he would like to see what the Town could do with the two towns going to the Division board member and expressing the need for this improvement to be made. Council Member Ward said the suggestion regarding the turn lane required more conversation.
Mayor Foy suggested that the Council say that Carrboro’s priority was the ability to move down that corridor and it should not dead end at the Town limits just because it entered Chapel Hill. He said then they should make it a high priority to complete the section at least to Umstead Drive. Mayor Foy said outside of that, which he believed was achievable, they could make a strong argument that it should not dead-end but should be completed. He said they could also discuss the rest of Estes Drive. Mayor Foy said he would support amending Resolution R-13 to include a comment to support the completion of Carrboro’s transportation infrastructure from the Carrboro city limit to Estes Drive. He said, the Council should pursue the other ideas with regard to the transfer of money to try to fund a signal system.
MAYOR PRO TEM STROM MOVED, SECONDED BY COUNCIL MEMBER WARD, ADOPTION OF RESOLUTION R-13, AMENDED TO INCLUDE A COMMENT TO SUPPORT THE COMPLETION OF CARRBORO’S TRANSPORTATION INFRA-STRUCTURE FROM THE CARRBORO CITY LIMIT TO ESTES DRIVE. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Development Coordinator Gene Poveromo provided a brief presentation. He said the staff was recommending adoption of Resolution A approving the preliminary plat. Mr. Poveromo said they were also recommending adoption of Resolution D referring the applicant to the SUP process. Mr. Poveromo noted revisions to Stipulations 11, 12 and 13, which were revised specifically to discuss the bicycle path as a pedestrian path as well.
Mr. Poveromo said the three key issues raised at the previous public hearing were stormwater management, landscape buffers and recreation area. He stated the applicant was recommending that stormwater treatment be located off site, which was not in compliance with LUMO regulations regarding the amount of post-development run-off and the location of the stormwater treatment site.
Mr. Poveromo said the Council had asked staff to research ways that the applicant would continue with this project as proposed. He said that was why staff was recommending adoption of Resolution D referring the applicant to the SUP process. Other issues regarding stormwater, Mr. Poveromo said, had to do with low impact design and its compliance or non-compliance. He said there were some key issues with buffers and recreation, as well.
John Mackowiak, the applicant, repeated his presentation from the previous public hearing. He asked for an amendment to Resolution A, to extend the time for the speed hump removal, to precede the issuance of the final plat, not the ZCP. Mr. Mackowiak noted that the existing speed hump would protect workers, and that bringing asphalt equipment in once would reduce asphalt waste, cost, and neighbor inconvenience.
Mr. Mackowiak noted that as suggested, the path was increased from two, to three, to five feet, with a wider access easement. He said Stipulations 14 and 44 described HOA ownership of the path, and he suggested editing Stipulation 12 to agree with Stipulations 14 and 44 to show ownership going to the HOA. Mr. Mackowiak also suggested that only one recordation be required at the time of the final plat to avoid unnecessary refinancing of the property.
Mr. Mackowiak suggested editing Stipulation 145 to ensure that his 16,011 square feet of recreation requirement was met, and that would be made up with credit for the square footage of the path and the remainder in a payment-in-lieu. Since there was no “common area” (CO), he suggested removing any wording to that effect. Mr. Mackowiak said regarding the blocking of issuance of future COs, the first CO had already been issued on this property seven or eight years ago. He said that Stipulations 11, 51, and 53 should be edited to clock additional COs, if necessary, not remove the existing CO.
Mr. Mackowiak then explained their plans to manage stormwater, noting he believed they could comply with LUMO requirements. He said that they did not intend to go forward with an application for an SUP as suggested by Resolution D, adding he did not believe they would need to do that based on current LUMO standards. Mr. Mackowiak provided a detailed explanation of how they would meet LUMO requirements.
Mayor Foy said the Council was not going to consider these wholesale changes without referring them back to staff, or they could consider the resolution that was before them. Mr. Poveromo said they could bring this back before the Council on November 6.
Council Member Harrison stated that the Council could not do some of the things the applicant was requesting under State subdivision law, and that was why the SUP process was being suggested.
MAYOR PRO TEM STROM MOVED, SECONDED BY COUNCIL MEMBER THORPE, TO CONTINUE THE PUBLIC HEARING TO NOVEMBER 6. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Planning Director J.B. Culpepper provided a brief introduction, noting the first application was a modification of a master plan and the second was an application for an SUP. She said a key issue raised at the previous public hearing focused on affordable housing, noting the applicant would provide additional comments to the Council.
Jim Baker of The Lundy Group, the developer, and speaking for the applicant, Dr. Rosenberg, stated they could meet LUMO requirements through minor modifications to the existing stormwater features. He said if they could do that, then they would agree to $150,000 for affordable housing. Mr. Baker asked that the last phrase in Stipulation 25 be struck and that they be allowed to decide where grass would go, adding they would like to have grass on site. Mr. Baker said they were in agreement with Resolution A, assuming that the wording of Stipulation 25 was modified.
Ms. Culpepper said the staff had some problems with the suggested change to Stipulation 25, and suggested modifying the last sentence to read, “Turf is not permitted for landscape areas in excess of 4:1 slopes, unless determined to be acceptable by Town Manager.” Ms. Culpepper said that would allow some flexibility in determining how steep the slopes would be.
Mayor Foy asked if that was acceptable to the applicant. Mr. Baker replied that language was acceptable to them.
Ms. Culpepper said along with that adjustment, an additional adjustment needed to be made to Stipulation #7, inserting the amount of $150,000 for affordable housing. She said procedurally, the Council needed to act on the Master Land Use Plan application prior to adoption of the resolution.
Mayor pro tem Strom asked for an explanation on the stormwater proposal. Ms. Culpepper noted that the applicant had initially proposed an underground facility. She said they were able to determine that modifications could be made to two existing ponds at Meadowmont to satisfy the LUMO requirements.
Sue Burke, with Ballentine and Associates, provided additional information regarding the stormwater issue and on-site controls. She explained that engineers had performed an on-site evaluation and determined that the stormwater collection ponds at Meadowmont could be used for this purpose.
Council Member Ward asked what the general nature of those modifications were to the ponds. Ms. Burke said the stormwater would be conveyed via pipes to the ponds, and the modifications to the ponds involved raising the outlet structures less than one foot to allow for the flow. Council Member Ward asked how the water would get to the ponds, noting that piping it seemed “ridiculous.”
George Retschle, with Ballentine and Associates, stated that these ponds were designed to handle the stormwater from the site, but were designed to the standards in place prior to the adoption of the LUMO. He said it took only a small modification to the ponds to comply with the current regulations, probably less than two feet.
Council Member Ward asked what would be seen by someone walking by. Mr. Retschle noted it would mean that the outlet structure would be raised slightly higher than was currently visible. He said they would be tying into the hard stormwater piping already in place to bring the water to the ponds. Mr. Retschle noted there would be no additional grading required, adding that they were 15 percent lower than approved for in impervious surface.
MAYOR PRO TEM STROM MOVED, SECONDED BY COUNCIL MEMBER KLEINSCHMIDT, TO CLOSE THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
MAYOR PRO TEM STROM MOVED, SECONDED BY COUNCIL MEMBER HILL, ADOPTION OF RESOLUTION R-15a.
Council Member Kleinschmidt said he did not agree that this proposal met the necessary findings the Council was required to make under the standard of review. He said he did not believe this design and this building maintained the public health, safety or general welfare, nor did he believe it to be located and designed nor proposed to be operated as to maintain or enhance the value of contiguous property. He did not find that the use of the development conformed to general plans for the physical development of the Town as embodied in LUMO and the Comprehensive Plan, said Council Member Kleinschmidt.
THE MOTION WAS ADOPTED 8-1, WITH COUNCIL MEMBER KLEINSCHMIDT VOTING NAY.
COUNCIL MEMBER WARD MOVED, SECONDED BY MAYOR PRO TEM STROM, TO ADJOURN THE PUBLIC HEARING, THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
MAYOR PRO TEM STROM MOVED, SECONDED BY COUNCIL MEMBER WARD, ADOPTION OF RESOLUTION R-16a, AS AMENDED TO INCLUDE $150,000 FOR AFFORDABLE HOUSING IN STIPULATION #7, AND MODIFY THE LAST SENTENCE OF STIPULATION #25 TO READ “TURF IS NOT PERMITTED FOR LANDSCAPE AREAS IN EXCESS OF 4:1 SLOPES, UNLESS DETERMINED TO BE ACCEPTABLE BY THE TOWN MANAGER.” THE MOTION WAS ADOPTED 8-1, WITH COUNCIL MEMBER KLEINSCHMIDT VOTING NAY.
12a. Continuing Concerns Committee.
The Council appointed Toshameka Carlton to the Continuing Concerns Committee.
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Continuing Concerns Committee |
Foy |
Easthom |
Greene |
Harrison |
Hill |
Kleinschmidt |
Strom |
Thorpe |
Ward |
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Vote For 1 Applicant |
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Toshameka Carlton |
X |
X |
X |
X |
X |
X |
X |
X |
X |
9 |
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Other; please list: |
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Council Member Greene asked the staff for a report regarding how the Merritt’s Pasture was being maintained, and what had been done the past couple of times in terms of maintenance. She said she would like that maintenance to be compared to what was in writing regarding the requirements for maintenance. Council Member Greene said it looked good right now, noting it had recently been mowed.
COUNCIL MEMBER WARD MOVED, SECONDED BY MAYOR PRO TEM STROM, TO RECEIVE AND REFER THE PETITION TO THE MANAGER FOR A REPORT. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
COUNCIL MEMBER EASTHOM MOVED TO GO INTO CLOSED SESSION, AS AUTHORIZED BY NC GENERAL STATUTE SECTION 143-318.11(a)(6), TO CONSIDER PERSONNEL MATTERS RELATED TO AN INDIVIDUAL PUBLIC EMPLOYEE, AND, AS AUTHORIZED BY NC GENERAL STATUTE SECTION 143-318.11(a)(3), TO CONSIDER A PENDING CLAIM. THE MOTION WAS SECONDED BY COUNCIL MEMBER WARD. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
The meeting was adjourned at 10:03 p.m.