Muyni
← Back to Chapel Hill

Town Council

Regular Meeting

Chapel Hill, NC · June 12, 2019

AgendaMinutes

Minutes

Town Hall TOWN OF CHAPEL HILL 405 Martin Luther King Jr. Boulevard Town Council Chapel Hill, NC 27514 Meeting Minutes - Final Mayor Pam Hemminger Council Member Nancy Oates Mayor pro tem Jessica Anderson Council Member Michael Parker Council Member Donna Bell Council Member Karen Stegman Council Member Allen Buansi Council Member Rachel Schaevitz Council Member Hongbin Gu Wednesday, June 12, 2019 7:00 PM RM 110 | Council Chamber Roll Call Present: 8 - Mayor Pam Hemminger, Mayor pro tem Jessica Anderson, Council Member Donna Bell, Council Member Hongbin Gu, Council Member Nancy Oates, Council Member Michael Parker, Council Member Karen Stegman, and Council Member Rachel Schaevitz Absent: 1 - Council Member Allen Buansi Other Attendees Town Manager Maurice Jones, Deputy Town Manager Florentine Miller, Assistant Town Manager Mary Jane Nirdlinger, Town Attorney Ralph Karpinos, Police Officer Rick Fahrer, Fire Inspector, Communications Manager Catherine Lazorko, Planning Director Ben Hitchings, Business Management Director Amy Oland, Budget Manager Matt Brinkley, Economic Development Officer Dwight Bassett, Community Resilience Officer John Richardson, Senior Engineering Coordinator Mike Wright, Manager of Engineering and Infrastructure Chris Roberts, Stormwater Management Engineer Sue Burke, Planner II Becky McDonnell, Fire Chief Matt Sullivan, Police Chief Chris Blue, Assistant Chief of Police Jabe Hunter, Emergency Management Coordinator Vencelin Harris, Planner II Jake Lowman, Manager's Office Intern Maggie Bailey, and Communications and Public Affairs Director/Town Clerk Sabrina Oliver. OPENING 0.01 Successes Video: Summer Reading Challenge 2019. [19-0576] Mayor Hemminger opened the meeting at 7:00 p.m. and said that Council Member Buansi was absent due to the impending birth of his child. She introduced a "Celebrating Successes" video that highlighted the Chapel Hill Public Library's "Reading Challenge Summer Blast" which would be launched at the Library on Friday from 5:00-8:00 p.m. 0.02 Proclamation: Lesbian, Gay, Bisexual, Transgender, and [19-0577] Queer Pride Month. Mayor Hemminger pointed out that June 2019 was "Pride Month" in the Town of Chapel Hill and that it marked the 50th anniversary of the Page 1 of 15 Town Council Meeting Minutes - Final June 12, 2019 Stonewall Inn uprising in NYC. That event had launched the modern day liberation movement for LGBTQ Americans, she said. Council Member Stegman read a proclamation reminding all of how far the LBGTQ community had come in 50 years and how far it still had to go toward full equality. The proclamation said that Chapel Hill had led the state in advancing equal protection and freedom for LGBTQ people, and it listed the policies and steps the Town had taken in that regard. The proclamation also stated that the Council was reaffirming its opposition to discrimination, prejudice, homophobia and trans-phobia and would continue working for a welcoming community for all. It encouraged all residents to celebrate the courage, perseverance and sacrifice that had been shown on that day in 1969 and to continue being champions for exclusivity and equality. David Sutton, owner of Sutton and Company on Franklin Street, spoke about the difficulty of coming out and being authentic. He said that acceptance and continued support from the Chapel Hill community had allowed him to flourish and grow, and he expressed gratitude on behalf of the Town's LGBTQ community. Sara Hancock, a Town business analyst, thanked the Council and Town Manager on behalf of the LBGTQ Employee Resource Group and other employees for acknowledging the LBGTQ community's contributions to the Town. She said that she was lucky to work for an organization that valued identities and celebrated differences and was proud of the LBGTQ Employee Resource Group's work. Mayor Hemminger noted that former Mayor Mark Kleinschmidt was in attendance. She said that Pride rainbow flags were flying downtown, and she commented on the bravery required for coming out. PUBLIC COMMENT FOR ITEMS NOT ON PRINTED AGENDA AND PETITIONS FROM THE PUBLIC AND COUNCIL MEMBERS Petitions and other similar requests submitted by the public, whether written or oral, are heard at the beginning of each regular meeting. Except in the case of urgency and unanimous vote of the Council members present, petitions will not be acted upon at the time presented. After receiving a petition, the Council shall, by simple motion, dispose of it as follows: consideration at a future regular Council meeting; referral to another board or committee for study and report; referral to the Town Manager for investigation and report; receive for information. See the Status of Petitions to Council webpage to track the petition. Receiving or referring of a petition does not constitute approval, agreement, or consent. 0.03 Allan Chrisman of Community Policing Advisory Committee [19-0578] Comments Regarding Police Officer Hiring. Page 2 of 15 Town Council Meeting Minutes - Final June 12, 2019 Allan Chrisman, vice chair of the Community Policing Advisory Committee (CPAC), expressed concern about the Chapel Hill Police Department's struggle to recruit and retain officers, given the current competitive environment. He thanked the Town Manager for adding funds to the FY 2019-2020 budget to help adjust police pay and asked the Council to consider that. This item was received as presented. 0.04 Elizabeth Wayne of Community Policing Advisory [19-0579] Committee Comments Regarding Success of Committee in Engaging with Community and Thanks to Town Council. Elizabeth Wayne, outgoing CPAC chair, agreed with what Mr. Chrisman had said and described how effective CPAC had been in drawing out community feedback. She read a letter from CPAC members that recognized the Council's support and response during recent "Silent Sam" protests. Mayor Hemminger acknowledged that the protests had been a stressful time for the Chapel Hill Police Department and CPAC members. She appreciated their efforts to help the Town move forward, she said. This item was received as presented. 0.05 Emanuel Kearney Comments Regarding Master Leasing [19-0580] Program. Emanuel Kearney, recipient of the Town's master leasing program with Grubb Properties and Community Home Trust, praised the experience. He especially appreciated the kindness and commitment of Community Home Trust Executive Director Robert Dowling, Glen Lennox Apartments Property Manager Trisha Selby, and the Chapel Hill Housing Department's Loryn Clark and Faith Thompson. This item was received as presented. 0.06 Aaron Nelson Request Regarding Short Term Rentals. [19-0581] Aaron Nelson, president and CEO of the Chapel Hill-Carrboro Chamber of Commerce, spoke on behalf of a Chamber/CHALT/hoteliers group called The Coalition for Neighborhood Protection and Fair Competition. He introduced their petition regarding short-term rentals and explained that having 300 units making $6 million per year and growing rapidly in town had led the coalition to ask about applicable rules. Mr. Nelson asked the Council to direct staff to begin creating a fair and reasonable regulatory framework and to task an advisory group to help with that. A motion was made by Council Member Parker, seconded by Council Member Schaevitz, that this Petition be received and referred to the Town Manager and Mayor. The motion carried by a unanimous vote. Page 3 of 15 Town Council Meeting Minutes - Final June 12, 2019 0.07 Julie McClintock Regarding Short Terms Rentals Petition. [19-0582] Julie McClintock, representing CHALT (Chapel Hill Alliance for a Livable Town), said that all of the coming and going and parking could be problematic for those living near short-term rental properties. In addition, the explosion in the number of those units had affected affordable housing, she said. Ms. McClintock pointed out that the coalition had included a new approach to regulation in its report. This item was received as presented. 0.08 Mark Sherburn Regarding Short Term Rentals Petition. [19-0583] Mark Sherburn, general manager at Carolina Inn, said that the impact of short-term rentals had been equivalent to adding two new hotels in Town. He said that investors had been buying homes, condos and townhouses and renting them out. The hotel community was asking for a level playing field that would require those businesses to pay occupancy taxes, undergo inspections, have insurance, and be health and safety compliant, he said. Mayor Hemminger pointed out that the issue was on the Council's June 19th agenda. This item was received as presented. 0.09 Susan Smith of the Historic District Commission Comments [19-0584] Regarding Appointments. Susan Smith, a Historic District Commission (HDC) member, emphasized the importance of institutional memory and urged the Council to make some re-appointments when voting for new HDC members. This item was received as presented. 1. West Saint Mark Church of Christ (Disciples of Christ) Request [19-0541] for the Town Council to Waive any Final Application Fees Associated with Construction of a Church Sanctuary at 7708 Rogers Road. Dr. Timothy Peppers, representing West Saint Mark Church of Christ, discussed his request for a waiver of final construction fees for a small chapel on Rogers Road. Having to pay that fee would reduce his ability to do the necessary work and would place a hardship on his small congregation, he said. Dr. Peppers pointed out that the Planning Commission had recommended that the Council consider granting a waiver. A motion was made by Mayor pro tem Anderson, seconded by Council Member Schaevitz, that this Petition be received and referred to the Town Manager and Mayor. The motion carried by a unanimous vote. Page 4 of 15 Town Council Meeting Minutes - Final June 12, 2019 ANNOUNCEMENTS BY COUNCIL MEMBERS 1.01 Mayor Hemminger Regarding East Chapel Hill High School [19-0585] Soccer Team. Mayor Hemminger congratulated the Chapel Hill Girls Soccer Team for its AAA state victory on May 25. She said that Carrboro High School’s girls team had won its AA division as well. 1.02 Mayor Hemminger Regarding Community Tree Committee. [19-0586] Mayor Hemminger announced that the Community Tree Committee would hold its first meeting at 5:45 p.m. on June 18th at the Southern Human Services Center. The goal would be to establish a group of volunteers and engage the entire community in replanting trees, she said. 1.03 Mayor Hemminger Regarding Food for Summer. [19-0587] Mayor Hemminger noted that Food for Summer would begin again on June 17. It was a program in which volunteers delivered food to the more than 3,300 children who normally receive free or reduced lunches at school, she said. Information was available on the Town's website, said Mayor Hemminger. CONSENT Items of a routine nature will be placed on the Consent Agenda to be voted on in a block. Any item may be removed from the Consent Agenda by request of the Mayor or any Council Member. Approval of the Consent Agenda A motion was made by Mayor pro tem Anderson, seconded by Council Member Schaevitz, that R-1 be adopted, which approved the Consent Agenda. The motion carried by a unanimous vote. 2. Approve all Consent Agenda Items. [19-0542] 3. Adopt the Financial Policy Guidelines. [19-0543] This resolution(s) and/or ordinance(s) was adopted and/or enacted. 4. Approve Chapel Hill Transit’s Title VI Program. [19-0544] This resolution(s) and/or ordinance(s) was adopted and/or enacted. 5. Adopt a Calendar of Council Meetings through December 2019. [19-0545] This resolution(s) and/or ordinance(s) was adopted and/or enacted. 6. Adopt Minutes from February 28, 2018, and April 18, and 25, [19-0546] 2018 and May 2, 9, and 23, 2018 and June 13, and 20, 2018 Meetings. Page 5 of 15 Town Council Meeting Minutes - Final June 12, 2019 This resolution(s) and/or ordinance(s) was adopted and/or enacted. INFORMATION 7. Receive Upcoming Public Hearing Items and Petition Status [19-0547] List. This item was received as presented. 8. Receive Proposed Affordable Housing Bond Funding Process [19-0548] Overview. This item was received as presented. DISCUSSION 9. Consider Proceeding with the Updated Proposal for Steps to [19-0549] Begin Addressing Coal Ash Clean-up at the Police Station Property. Community Resilience Officer John Richardson gave a PowerPoint update on steps the Town was taking to clean up coal combustion products (CCPs) at the Chapel Hill Police Department (CHPD) headquarters. He showed a diagram and photos of the 10-acre property at 828 Martin Luther King Jr. Boulevard and described the surrounding properties. He then discussed the Town's efforts to contain the area and minimize erosion through the use of silt fences. Mr. Richardson asked the Council to consider a budget of $246,000 to begin clean-up and continue managing and monitoring CCPs in an area close to Bolin Creek. He reviewed the measures described in the report and said that the plan was expected to last three to five years. Consultant David Dunkley provided background information on the site, which had been used as a fill area in the 1950s through 1970s. He said that the Town had acquired it in 1980 and built the CHPD and parking lots over it without knowing the contamination was there. He explained how he had conducted a risk assessment and developed measures to protect public safety and health while the Town determined how to relocate the CHPD. Mr. Dunkley said that he had been working with Justin Ballard, an engineer with Hart & Hickman, to develop interim measures that would keep the Bolin Creek greenway trail open but protect citizens. These included removing about a thousand tons of soil, installing signage along the trail, adding silt fencing, and doing periodic inspections and sampling of the area, he said. Mr. Dunkley outlined a process that would lead to a final risk assessment report in the fall of 2019. Page 6 of 15 Town Council Meeting Minutes - Final June 12, 2019 Mr. Richardson said that the original goal had been to address the entire site, but staff had decided to focus on the area long Bolin Creek until a new location for the CHPD had been determined. Council members asked about the process for soil removal, the frequency of inspections, the potential for additional sampling, and the efficacy of silt fencing. Mr. Dunkley described a two-week soil removal process in which dust would be kept at a safe level and contaminated soil taken to another location off site. After the area had been replaced with clean fill, super silt fencing would be used in some locations and that would be visually monitored, he said. The Council confirmed with him that his firm had tested the air inside the police station and had not found concerning levels of radon. Mayor pro tem Anderson verified with Mr. Richardson that staff would have a time-frame for big picture plans, such as future use of the property once a decision about relocating the CHPD had been made. The 3-5 year goal was to develop a plan for full remediation while monitoring the trail to ensure that it remain safe over that time-frame, he said. Andrew Frank, an intern with Southern Law Center, warned that additional contamination would occur despite interim measures until the coal ash cliff was removed. The proposed silt fencing was inadequate, he said, and he recommended that the Town require at least quarterly sampling and monitoring of the site. Mr. Frank urged the Council to begin setting funds aside for removing CCPs from the embankment. John Wagner, a Chatham County resident, recommended using multiple layers of super fencing to help prevent erosion during massive storms. He agreed with Mr. Frank's recommendations and expressed opposition to the idea of shipping contaminated materials off to another community. Mr. Wagner said that contaminated material should be fully encapsulated on site and that the Town should also stop the University of North Carolina (UNC) from burning fossil fuel. Pamela Shultz, an environmental chemist/engineer representing the Stormwater Advisory Board, petitioned the Council to take immediate action to have the material along Bolin Creek Trail removed and properly disposed of offsite while considering interim and permanent solutions. She said that silt fencing was inadequate protection and that blended sampling did not necessarily catch hot spots here and there. Ms. Shultz said that she had observed leaves coated with some type of material and that not sampling the top of the soil could mean missing something. Joe Alexander, a Chapel Hill resident and expert in groundwater contamination assessment, said that the proposed interim measures Page 7 of 15 Town Council Meeting Minutes - Final June 12, 2019 made technical sense. However, he had prepared an unsolicited proposal regarding his patented technology to divert, capture and treat groundwater contaminants in situ, he said. Mr. Alexander said that his AI Remedial Systems alternative would complement the proposed measures and not cost as much as other long-term alternatives. Julie McClintock, representing Friends of Bolin Creek, spoke in favor of requiring regular inspections at the coal ash embankment and performing additional sampling of the top two inches of soil. She recommended that the Council have staff provide options regarding levels of risk before the consultants completed their full risk assessment. The Council confirmed with Mr. Dunkley that there had been no evidence through testing that coal ash had migrated to a significant degree, over 40 years, despite record amounts of heavy rain. They confirmed with Town Attorney Ralph Karpinos that the Town was not ready to make a determination about having those responsible for the contamination contribute to the cleanup. Council Members expressed concern about the environmental justice issue of shipping hazardous waste off site, and Mr. Dunkley agreed that the solution needed to be one that looked at such factors. In response to Council questioning, the consultants said that more super fencing would not necessarily work better. Mr. Ballard pointed out that fencing would be inspected, maintained, and repaired as needed. More fencing could always be added, he said. Mayor pro tem Anderson advocated for putting funds away toward an ultimate future fix and asked that quarterly reports be provided to the Council. She stressed the importance of transparency and said she wanted to know if there were ways to shore up the 40-foot cliff. Council Member Oates asked about the dust on leaves that Ms. Schultz had mentioned, but no one else had observed that. A motion was made by Council Member Parker, seconded by Council Member Stegman, that the Town proceed with the plan, as recommended. The Council added the following caveats: some level of additional soil sampling be done on a regular basis (at least every six months and after every major storm event), and the first sampling include analysis of the top leaf layer. The Town will post the results on the Town website. The motion carried by a unanimous vote. 10. Consider the Final 2019-20 Budget and Related Items. [19-0550] Town Manager Maurice Jones presented the $116 million FY 2019-20 budget for adoption. It included no significant reductions to core services Page 8 of 15 Town Council Meeting Minutes - Final June 12, 2019 and it addressed the Council's strategic priorities, he said. It proposed no property tax increases associated with the General Fund or Transit Fund, but did include a 1.6 cent increase in the Debt Service Fund, Mr. Jones said, noting that the increase would help pay for the $10 million Affordable Housing Bond and general obligation bonds that the Town had approved in the past. The budget invested in environmental sustainability and included $246,000 for coal ash remediation and $50,000 to start a climate action plan, he pointed out. Mr. Jones noted that changes from an earlier presentation included increases in allocations for the Food Kitchen, Community Home Trust, Project to End Homelessness, and Downtown Partnership. It added Community and Cultural Arts funding for a housing locator position at Orange County and for videography services for the Town, he said. Mr. Jones proposed that the Council and staff discuss next steps in developing a five-year budget strategy in the fall. Council Member Stegman asked about the legality of charging a new fee for records research requests, and Mr. Karpinos replied that a reasonable fee based on the cost of technology and personnel providing the service was allowed. In recent years, the Town had spent dozens of hours collecting and providing public records in response to requests and staff was attempting to establish a policy for assessing those costs, he said. Mayor Hemminger commented that the issue could be revisited if there were questions about it. Council Member Stegman asked that the fee for domestic partnership registration be lowered, and Mr. Jones replied that the fee was comparable to other towns in the area. However, he could recommend a different fee for consideration if the Council was amenable to that, he said. Council Member Gu and Mr. Jones discussed the longer term budgeting process and the need to explore additional approaches to balancing the budget. Council Member Schaevitz asked about the strategy for Cultural Arts and Community funding, and Mr. Jones replied that $23,500 had been put aside to meet the needs of four cultural arts related requests that had come through the Human Services Advisory Board. Money had been put aside for that in the budget and staff would return to the Council next year with a process for ranking and rating arts and culture projects, he said. The Council and Mr. Jones discussed having the Human Services Advisory Board review applications earlier in coming years and the need for it to receive good quality direction from the Council. Page 9 of 15 Town Council Meeting Minutes - Final June 12, 2019 A motion was made by Mayor pro tem Anderson, seconded by Council Member Parker, that O-1 be enacted. The motion carried by a unanimous vote. 11. Consider an Application for Zoning Atlas Amendment - Fire [19-0551] Station Training Center, 6902 Millhouse Road. Planner Becky McDonnell gave a brief PowerPoint presentation on an application to rezone property on Millhouse Road from Mixed Residential 1 to Office Institutional 1 to accommodate a fire station training center. She recommended that the Council open and close the public hearing, adopt the Resolution of Consistency, and enact Ordinance A, approving the rezoning. A motion was made by Mayor pro tem Anderson, seconded by Council Member Schaevitz, to close the public hearing and adopt R-6. The motion carried by a unanimous vote. A motion was made by Mayor pro tem Anderson, seconded by Council Member Stegman, that R-7 be adopted. The motion carried by a unanimous vote. A motion was made by Mayor pro tem Anderson, seconded by Council Member Schaevitz, that O-2 be enacted. The motion carried by a unanimous vote. 12. Open a Public Hearing and Consider a Glen Lennox [19-0552] Performance Incentive Agreement. Economic Development Officer Dwight Bassett outlined a proposed $2.2 million incentive agreement with Glen Lennox developer Grubb Properties under an incentive policy that the Council had adopted in March 2018. He explained how the office market in Town had fluctuated from 1969 to 2010 and been stagnant since 2010. The proposed performance-based incentive for 480,000 square feet of office space included a tax rebate for five years (2021-2026) and called for annual reports to the Council, Mr. Bassett said. He recommended that the Council consider approving Resolution 9, which would authorize execution of the economic incentive. Council Member Gu expressed concern about the constitutionality of the incentive and asked how staff was making the case that the $2.2 million would be used for public benefit. Mr. Karpinos explained that the agreement would lead to the creation of a space that would provide an opportunity for more jobs and a greater tax base in the long run. For five years, the incentive would be equal to the amount of tax money that Grubb Properties would pay the Town, and the Page 10 of 15 Town Council Meeting Minutes - Final June 12, 2019 Town would receive tax revenue after the five-year period ended, he said. Council Member Gu replied that it could be argued that all businesses that pay taxes are for public benefit. Moreover, the Town would also have the expense of providing services, she pointed out. Mr. Karpinos said that the Council would need to make that policy decision. If the decision were challenged, the courts would determine whether the proposal was constitutional or not, he said. Council Member Gu asked if any other North Carolina government entity had given economic incentives to Real Estate developers, and Mayor Hemminger replied that communities in North Carolina had done a lot of that. She said that the state's economic officer had provided information at a recent Conference of Mayors meeting on how to do it. Under the law, towns were allowed to have such agreements for up to a seven-year period, she said. Council Member Gu said that people at the UNC School of Government had pointed out a distinction between a Real Estate developer and other industries. Real Estate development was speculative and may not be able to create jobs, she said. Council Member Gu said that she wanted the Council to understand what it was doing. Mr. Bassett pointed out that the Town had been discussing an incentive policy for several years before finally adopting it, but Council Member Gu repeated her concern about the speculative component with Real Estate development. Mayor Hemminger argued that incentivizing a commercial building, which would provide property taxes to the Town, was far less risky than trying to incentivize a company that may or may not come to Chapel Hill or might leave. Those Glen Lennox buildings would remain for at least 60-80 years and that office space would generate increased property taxes regardless of whether or not if filled up, she pointed out. Mayor Hemminger said that it was Grubb Properties that was taking the risk. Molly McConnell, a 20-year resident of Glen Lennox Apartments, asked the Council to approve the incentive, not only because of the job potential but because of all that Grubb Properties had done to support the residents who live there. She said that Clay Grubb had a long-term commitment to Glen Lennox and to the Town and that not going forward with the agreement would penalize those who live at Glen Lennox. Aaron Nelson thanked Mr. Bassett for his leadership and creative ideas and praised the Council for considering the incentive plan. He said that the Town needed office space and noted that Strata Solar, for example, Page 11 of 15 Town Council Meeting Minutes - Final June 12, 2019 had located its headquarters in Durham because it had not been able to find space in Town. He explained how the Town's proposal mitigated risk and said that the worst case scenario would be that the building would sit empty while the Town collected taxes year after year. Council Members Stegman, Anderson, Oates and Parker expressed support for the plan and praised Mr. Bassett for the achievement. Council Member Parker said that having ground floor retail should not count against the developer, and Mayor Hemminger proposed changing the word "office" to "office/retail". Mr. Bassett suggested allowing up to 10 percent of each office building to be retail. Council Member Bell proposed finding ways to incentivize the entire development in order to make it a residential and economic hub. Council Member Oates asked if allowing 10 percent retail might set a precedent for other developers, such as those in the Blue Hill District. Mr. Karpinos replied that the Council would make a policy decision regarding that if such a project came along. Approving the agreement with Glen Lennox would not set a binding precedent for the future, he said. Mayor Hemminger predicted success and characterized the plan as a win/win/win for the community. The Council voted (7-1) to approve R-9, as amended. Council Member Gu explained that her negative vote was based on what she had heard from the School of Government regarding better ways to support projects. A motion was made by Council Member Bell, seconded by Mayor pro tem Anderson, that R-9 as amended be adopted. The motion carried by the following vote: Aye: 7 - Mayor Hemminger, Mayor pro tem Anderson, Council Member Bell, Council Member Oates, Council Member Parker, Council Member Stegman, and Council Member Schaevitz Nay: 1 - Council Member Gu 13. Open the Public Hearing and Consider Renaming the Portion of [19-0553] U.S. Highway 15-501 South between Fordham Boulevard (NC 54) and Dogwood Acres Drive to “South Columbia Street.” Senior Engineering Coordinator Michael Wright presented a request to rename a portion of U.S. Highway 15-501 to South Columbia Street. He Page 12 of 15 Town Council Meeting Minutes - Final June 12, 2019 reviewed the process for renaming arterial collector streets and showed the area on a map. The reason for the renaming was to eliminate address confusion when using the GPS navigation system, Mr. Wright said. He recommended that the Council close the public hearing and adopt the resolution to rename. Council Member Oates verified with Mr. Wright that staff would notify all Town and local agencies of the change and would update the Town's GIS system. A motion was made by Mayor pro tem Anderson, seconded by Council Member Parker, to close the Public Hearing and adopt R-10. The motion carried by a unanimous vote. 14. Municipal Services Center Project Update. [19-0554] Assistant Police Chief Jabe Hunter told the Council about a potential partnership for locating a new Municipal Services Center (MSC) at 201 South Estes Drive (University Place). The MSC would include the CHPD, Fire Administration, Parks & Recreation Administration, portions of Housing and Community, Wellness, Ombuds, Technical Solutions, and meeting space, he said. Officer Hunter emphasized the site's central location and said that the space appeared to be adequate and would save on cost and speed of construction. Officer Hunter pointed out that the Town had other successful partnerships with Ram Development. He asked for Council feedback and for approval of Resolution 11, which would authorize the Manager to explore a business arrangement and options for approval under the Town's Land Use Management Ordinance. The Council was generally supportive, but some raised questions about the nature of the lease and the potential for flooding, and they stressed the need to negotiate carefully. A motion was made by Council Member Parker, seconded by Council Member Oates, that R-11 be adopted. The motion carried by a unanimous vote. 15. Presentation on the Town’s Stormwater Program and Projects. [19-0555] Manager of Engineering and Infrastructure Chris Roberts gave a PowerPoint presentation on services that the Stormwater Department had been providing since 2004. These included stormwater maintenance, studies and technical reviews, developing and managing capital improvement projects, and providing educational opportunities and technical assistance to residences and businesses. Mr. Roberts discussed recent capital projects and explained how staff monitored and analyzed run off, targeted poor water quality for improvements, protected stream buffers, and used information to Page 13 of 15 Town Council Meeting Minutes - Final June 12, 2019 investigate possible sources of pollution. He listed projects with approved funding. Increasing storage and floodplain volume at the Elliott Road Storage Facility had the highest priority and would begin in the summer of 2019 and would be followed by Lake Ellen and Eastwood Lake projects, he said. Mr. Roberts presented a video, called "Protecting Our Watersheds", which traced the flow of rainwater down to Jordan Lake and explained what stormwater management entailed. Council Members asked about actions taken to address flooding at Eastgate during a recent hurricane. They also asked about Town versus property owner responsibility for mitigating flooding and the effect of excavation on water flow. Mr. Roberts explained that there were not many engineering options for handling large flooding events, such as hurricanes. With regard to mitigation, new developments must meet the Town's flood ordinances and staff was willing to offer advice to people experiencing flooding in their homes, he said. Mr. Roberts said that the Elliott Road excavation was meant to slow water down by spreading it out over a larger area. Mr. Roberts said he had discovered that there had been conflicting stories about whether or not the Cultural Arts Commission intended to use its Percent for Art funds at the Elliot Road Storage project and offered to clarify that. Mayor Hemminger said, in summary, that the Town was currently increasing capacity in two storage areas, creating a new one, and cleaning out culverts. She noted the lack of an educational component that would alert homeowners to what they could do to reduce the amount of rain coming off their roofs. "Slow it down, spread it out, and sop it up", she said. Mayor Hemminger noted that Durham had given spreaders to residents and asked them to disconnect their downspouts. Stormwater Analyst Sue Burke said that recommendations for "neighborhood retrofits" were included in the Lower Booker Creek Subwatershed report and in the Eastwood Lake study. The Eastwood Lake neighborhood probably would be doing some demonstration projects, she said. Ms. Burke explained that residents' roof drains had been disconnected with changes the Council had made several years back and that water was no longer allowed to run into the ground or stream. Mayor Hemminger proposed figuring out how to educate people and perhaps get a grant for items such as spreaders. Council Member Stegman said that the Stormwater Advisory Board probably would be thrilled to be engaged in education and outreach. Page 14 of 15 Town Council Meeting Minutes - Final June 12, 2019 Mayor Hemminger proposed putting the video and information just presented on the Town’s website. She said that she had asked the Stormwater Board to look at Raleigh’s Green Infrastructure Program to see if the Town could glean anything from that. This item was received as presented. APPOINTMENTS 16. Appointments to the Chapel Hill Public Library Advisory Board [19-0556] The Council reappointed Dawn Rivers and Judson Williamson to the Chapel Hill Public Library Advisory Board. 17. Appointment to the Orange County Climate Committee. [19-0557] This item postponed to a future date. 18. Appointments to the Community Policing Advisory Committee. [19-0558] The Council appointed Michelle Cassell, Paris Miller, Bill Murray, and Joshua Romero to the Community Policing Advisory Committee. 19. Appointments to the Parks, Greenways and Recreation [19-0559] Commission. The Council reappointed Jeanette Bench and Wesley McMahon and appointed William Kaiser to Town Resident seats on the Parks, Greenways, and Recreation Commission. The Council also appointed Jeff Hall to the Cemetery Champion seat on the Parks, Greenways, and Recreation Commission. 20. Appointments to the Historic District Commission. [19-0560] The Council appointed Diane Kunz, Nancy Mccormick and Angela Stiefbold to the Historic District Commission. 21. Appointments to the Transportation and Connectivity Advisory [19-0561] Board. The Council reappointed Susanne Kjemptrup-Lovelace and appointed Aaron Frank and Rudy Juliano to the Transportation and Connectivity Advisory Board. ADJOURNMENT The meeting was adjourned at 11:01 p.m. Page 15 of 15

Agenda

Town Hall TOWN OF CHAPEL HILL 405 Martin Luther King Jr. Boulevard Town Council Chapel Hill, NC 27514 Meeting Agenda Mayor Pam Hemminger Council Member Nancy Oates Mayor pro tem Jessica Anderson Council Member Michael Parker Council Member Donna Bell Council Member Karen Stegman Council Member Allen Buansi Council Member Rachel Schaevitz Council Member Hongbin Gu Wednesday, June 12, 2019 7:00 PM RM 110 | Council Chamber OPENING PUBLIC COMMENT FOR ITEMS NOT ON PRINTED AGENDA AND PETITIONS FROM THE PUBLIC AND COUNCIL MEMBERS Petitions and other similar requests submitted by the public, whether written or oral, are heard at the beginning of each regular meeting. Except in the case of urgency and unanimous vote of the Council members present, petitions will not be acted upon at the time presented. After receiving a petition, the Council shall, by simple motion, dispose of it as follows: consideration at a future regular Council meeting; referral to another board or committee for study and report; referral to the Town Manager for investigation and report; receive for information. See the Status of Petitions to Council webpage to track the petition. Receiving or referring of a petition does not constitute approval, agreement, or consent. 1. West Saint Mark Church of Christ (Disciples of Christ) [19-0541] Request for the Town Council to Waive any Final Application Fees Associated with Construction of a Church Sanctuary at 7708 Rogers Road. ANNOUNCEMENTS BY COUNCIL MEMBERS CONSENT Items of a routine nature will be placed on the Consent Agenda to be voted on in a block. Any item may be removed from the Consent Agenda by request of the Mayor or any Council Member. 2. Approve all Consent Agenda Items. [19-0542] By adopting the resolution, the Council can approve various http://www.townofchapelhill.org Page 1 of 5 Printed on 6/7/2019 Town Council Meeting Agenda June 12, 2019 resolutions and ordinances all at once without voting on each resolution or ordinance separately. 3. Adopt the Financial Policy Guidelines. [19-0543] By adopting the resolution, the Council adopts the Financial Policy Guidelines which includes: Debt Policy, Fund Balance Reserve Policy, Cash Management and Investment Policy, and Other Post-Employment Benefit (OPEB) Pre-Funding Policy. 4. Approve Chapel Hill Transit’s Title VI Program. [19-0544] By adopting the resolution, the Council approves of Chapel Hill Transit’s 2019 Update to its Title VI Non-Discrimination Program and authorizes Town staff to submit the program to the Federal Transit Administration. 5. Adopt a Calendar of Council Meetings through [19-0545] December 2019. By adopting the resolution, the Council adopts its meeting calendar through December 2019. 6. Adopt Minutes from February 28, 2018, and April 18, [19-0546] and 25, 2018 and May 2, 9, and 23, 2018 and June 13, and 20, 2018 Meetings. By adopting the resolution, the Council approves the summary minutes of past meetings which serve as official records of the meetings. INFORMATION 7. Receive Upcoming Public Hearing Items and Petition [19-0547] Status List. By accepting the report, the Council acknowledges receipt of the Scheduled Public Hearings and Status of Petitions to Council lists. 8. Receive Proposed Affordable Housing Bond Funding [19-0548] Process Overview. By accepting this report, the Council acknowledges receipt of the proposed process for allocating affordable housing bond funding. DISCUSSION 9. Consider Proceeding with the Updated Proposal for [19-0549] Steps to Begin Addressing Coal Ash Clean-up at the Police Station Property. PRESENTER: John Richardson, Community Resilience Officer David Duncklee, President/Senior Hydrogeologist, Duncklee & http://www.townofchapelhill.org Page 2 of 5 Printed on 6/7/2019 Town Council Meeting Agenda June 12, 2019 Dunham, Inc. RECOMMENDATION: That the Council proceed with the recommended interim remedial measures outlined within the staff report and consultant’s presentation. 10. Consider the Final 2019-20 Budget and Related Items. [19-0550] PRESENTER: Maurice Jones, Town Manager RECOMMENDATION: That the Council enact the 2019-20 budget ordinance. 11. Consider an Application for Zoning Atlas Amendment - [19-0551] Fire Station Training Center, 6902 Millhouse Road. PRESENTER: Becky McDonnell, Planner II a. Without objection, the revised report and any other materials submitted at the hearing for consideration by the Council will be entered into the record b. Introduction and revised recommendation c. Presentation by the applicant d. Comments from the public e. Comments and questions from the Mayor and Town Council f. Motion to adjourn the Public Hearing g. Motion to adopt the Resolution of Land Use Plan Amendment h. Motion to adopt the Resolution of Consistency with the Comprehensive Plan i. Motion to enact an Ordinance to rezone the property. RECOMMENDATION: That the Council continue and close the public hearing, adopt the Resolution of Land Use Plan Amendment and the Resolution of Consistency with the Comprehensive Plan, and enact Ordinance A, approving the application. 12. Open a Public Hearing and Consider a Glen Lennox [19-0552] Performance Incentive Agreement. PRESENTER: Dwight Bassett, Economic Development Officer a. Comments from the public b. Comments and questions from the Mayor and Town Council c. Motion to adjourn the public hearing d. Motion to adopt the resolution authorizing the incentive agreement. RECOMMENDATION: That the Council open the public hearing, receive comments, and authorize the Incentive Agreement with Grubb Properties for a $2.2 million based on Council’s previous authorization to proceed with draft agreement in March 2019 and http://www.townofchapelhill.org Page 3 of 5 Printed on 6/7/2019 Town Council Meeting Agenda June 12, 2019 conversations with the Council Committee on Economic Sustainability in April, September, December of 2018, February of 2019. 13. Open the Public Hearing and Consider Renaming the [19-0553] Portion of U.S. Highway 15-501 South between Fordham Boulevard (NC 54) and Dogwood Acres Drive to “South Columbia Street.” PRESENTER: Mike Wright, Senior Engineering Coordinator a. Introduction and recommendation b. Comments from the public c. Comments and questions from the Mayor and Town Council d. Motion to adjourn the public hearing e. Motion to adopt the resolution, approving the renaming. RECOMMENDATION: That the Council open the Public Hearing, close the Public Hearing, and adopt the Resolution to rename the portion of U.S. Highway 15-501 South between Fordham Boulevard (NC 54) and Dogwood Acres Drive to “South Columbia Street.” 14. Municipal Services Center Project Update. [19-0554] PRESENTER: Mary Jane Nirdlinger, Assistant Town Manager RECOMMENDATION: That the Council receive this information and authorize the Town Manager to explore a business arrangement and options for approval under the Town’s Land Use Management Ordinance. 15. Presentation on the Town’s Stormwater Program and [19-0555] Projects. PRESENTER: Chris Roberts, Manager of Engineering and Infrastructure RECOMMENDATION: That the Council receive the presentation. APPOINTMENTS 16. Appointments to the Chapel Hill Public Library [19-0556] Advisory Board 17. Appointment to the Orange County Climate [19-0557] Committee. 18. Appointments to the Community Policing Advisory [19-0558] Committee. http://www.townofchapelhill.org Page 4 of 5 Printed on 6/7/2019 Town Council Meeting Agenda June 12, 2019 19. Appointments to the Parks, Greenways and [19-0559] Recreation Commission. 20. Appointments to the Historic District Commission. [19-0560] 21. Appointments to the Transportation and Connectivity [19-0561] Advisory Board. REQUEST FOR CLOSED SESSION TO DISCUSS ECONOMIC DEVELOPMENT, PROPERTY ACQUISITION, PERSONNEL, AND/OR LITIGATION MATTERS http://www.townofchapelhill.org Page 5 of 5 Printed on 6/7/2019

Get email alerts for Chapel Hill

A daily email when new agendas and minutes are posted.

Report an issue with this meeting