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Town Council

Regular Meeting

Chapel Hill, NC · May 20, 2020

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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 Hongbin Gu Mayor pro tem Michael Parker Council Member Tai Huynh Council Member Jessica Anderson Council Member Amy Ryan Council Member Allen Buansi Council Member Karen Stegman Wednesday, May 20, 2020 7:00 PM Virtual Meeting Virtual Meeting Notification Town Council members will attend and participate in this meeting remotely, through internet access, and will not physically attend. The Town will not provide a physical location for viewing the meeting. The public is invited to attend the Zoom webinar directly online or by phone. Register for this webinar: https://us02web.zoom.us/webinar/register/WN_K63yDViKRIyMZJIjoEoN0g After registering, you will receive a confirmation email containing information about joining the webinar in listen-only mode. Phone: 301-715-8592, Meeting ID: 879 1941 0253 View Council meetings live at https://chapelhill.legistar.com/Calendar.aspx – and on Chapel Hill Gov-TV (townofchapelhill.org/GovTV). Roll Call Present: 8 - Mayor Pam Hemminger, Mayor pro tem Michael Parker, Council Member Jessica Anderson, Council Member Allen Buansi, Council Member Hongbin Gu, Council Member Karen Stegman, Council Member Tai Huynh, and Council Member Amy Ryan Other Attendees Town Manager Maurice Jones, Deputy Town Manager Florentine Miller, Town Attorney Ralph Karpinos, Business Management Director Amy Oland, Fire Chief Vencelin Harris, Executive Director for Community Safety and Fire Chief Chris Blue, Emergency Management Coordinator Kelly Drayton, Public Housing Director Faith M. Brodie, Affordable Housing Manager Nate Broman-Fulks, Affordable Housing Development Officer Emily Holt, Senior Planner Anya Grahn, Senior Planner Jake Lowman, Communications and Public Affairs Director/Town Clerk Sabrina Oliver, and Deputy Town Clerk Amy Harvey. OPENING Mayor Hemminger opened the meeting at 7:00 p.m. and read the list of items Page 1 of 17 Town Council Meeting Minutes - Final May 20, 2020 on the agenda. Roll Call Mayor Hemminger called the roll and all Council Members replied that they were present. 1. Update on Town Efforts to Respond to the COVID 19 Crisis. (no [20-0334] attachment) Town Manager Maurice Jones gave an update on the Town's response to the COVID-19 pandemic. He said that the NC Department of Health and Human Services had recently released a list of more than 300 testing locations. He said that staff was working with Town partners to obtain cloth masks for vulnerable populations, and he mentioned locations in Town where disposable masks would be distributed. Mr. Jones described efforts to meet business needs by activating open spaces, temporarily modifying ordinances and permitting processes, and working with the NC Department of Transportation (NC DOT) to modify West Franklin Street to allow outdoor dining while physical distancing. He said that the governor had just announced the beginning of Phase 2 of the reopening and that the Council and staff would review that to determine what steps to take. Staff was continuing to prepare for hurricane season and for a variety of other hazards that might occur during the pandemic, Mr. Jones said. Emergency Management Coordinator Kelly Drayton provided additional details of the governor's "Safer at Home" executive order, which would begin Phase 2 of the reopening and would remain in place until June 26, 2020. She explained that changes from Phase 1 included the limited opening of restaurants, personal care and grooming businesses, and childcare and camps. People would be allowed to gather for social purposes as long as groups did not exceed 10 people indoors and 25 outdoors, she said. Ms. Drayton pointed out that public health officials were continuing to emphasize the importance of wearing a mask when out in public, staying six feet away from others, and washing hands regularly. The Town was working with its partners to determine details for Chapel Hill and would provide more information within the next 24 hours, she said. Deputy County Manager Travis Myren explained how long-term planning would focus on assessing community priorities and needs, developing trust, and gaining support for the overall recovery effort. He said that the Town would receive $746,410 of the $1.67 million in CARES Act funds that had been allocated to Orange County. Mr. Myren gave examples of public health expenses that would be eligible for those funds and provided details on how a long-term organizational recovery structure would function. Page 2 of 17 Town Council Meeting Minutes - Final May 20, 2020 Mayor Hemminger said that local leaders had been meeting regularly and checking with attorneys regarding restrictions. She said that the University of North Carolina at Chapel Hill (UNC-CH) would be announcing plans to reopen in the fall. However, things could change depending on how Phase 2 proceeded, she said. She pointed out that the Town's Emergency Operations Center was set up to call an emergency meeting, if necessary. Council Member Anderson confirmed with Mr. Myren that the public schools had been included in discussions. She verified that Orange County would be coordinating closely with the school system to ensure that every student had access to appropriate technology. Council Member Anderson recommended using school newsletters to get information out to the community. Council Member Anderson and Mr. Jones discussed ideas for helping restaurants during Phase 2. For example, staff had been talking with the Downtown Partnership and the Chamber of Commerce about possibly using parking lots for outdoor dining, he said. Council Member Anderson confirmed with him that CARES Act funds needed to be spent by January 1, 2021 and that spending plans needed to be submitted by June 1, 2020. He would bring a plan to the Council the following week, said Mr. Jones. Council Member Anderson had expressed concerns about the Town's decision to encourage rather than require masks, and Mayor Hemminger pointed out that there had been severe consequences for other communities that had mandated it. She pointed out that the Chapel Hill community had been wearing masks voluntarily and that there had been only three or four cases per day in Orange County. The current focus would be on mandating masks in businesses, Mayor Hemminger said. Council Members confirmed with Mr. Jones that face masks would be included in food bank boxes and also given out to public housing residents. They verified that playgrounds would not be open during Phase 2. The Council and Mr. Jones discussed the possibility of closing a traffic lane to allow for more outdoor dining. Mayor pro tem Parker confirmed with Mr. Myren that Health and Human Services would address the mental and behavioral aspects of the pandemic in the recovery plan. He asked about mobility and transportation, and Mr. Myren agreed to add "new ways of thinking about public transportation" to the county's work list. Council Member Gu pointed out that cases were still increasing and a second wave of the pandemic was expected in the fall. She said that she had not heard enough about preparations and was concerned that proactive actions were not being taken. Page 3 of 17 Town Council Meeting Minutes - Final May 20, 2020 Mayor Hemminger replied that numbers were increasing in part because the state had been doing more testing. She said that the EOC had been keeping the possibility of a resurgence in mind and constantly monitoring supplies. The pertinent groups had been meeting, planning, strategizing, and trying to get more supplies, she said. 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. 2. Parks, Greenways, and Recreation Commission Request to [20-0335] Designate all 36.2 Acres of the American Legion Property for Use as a Community Park. Mayor Hemminger said that the Council was receiving only petitions regarding the American Legion property during the COVID-19 pandemic. The Council would take comments during a full process at a later time, she said. Wesley McMahon, vice chair of the Parks Greenways and Recreation Commission, spoke about a petition that they had submitted in March. He said that the case for the Legion Road property being a community park had not been completely thought out and that the Commission viewed its petition as the start of a fact-based conversation. A motion was made by Council Member Anderson, seconded by Mayor pro tem Parker, that this Petition be received and referred to the Town Manager and Mayor. The motion carried by a unanimous vote. 3. Planning Commission Request Regarding Payments in Lieu for [20-0336] Pedestrian/Biking Improvements. Stephen Whitlow, representing the Planning Commission (PC), said that the PC had been inconsistent in responding to requests for payments-in-lieu regarding bike and pedestrian infrastructure installation due to a lack of knowledge about how such situations had been treated in the past. He requested that staff research how and where such payments-in-lieu had been used in the past, what flexibility there may be for using those funds, and if there was a tool for tracking them. Page 4 of 17 Town Council Meeting Minutes - Final May 20, 2020 A motion was made by Council Member Anderson, seconded by Council Member Huynh, that this Petition be received and referred to the Town Manager and Mayor. The motion carried by a unanimous vote. 4. Elaine McVey Request to Amend the Land Use Management [20-0337] Ordinance Related to Deer Fencing. Elaine McVey, a Chapel Hill resident, asked for a change in the rules regarding deer fencing so that she could fence in a garden on her property. A motion was made by Council Member Anderson, seconded by Council Member Huynh, that this Petition be received and referred to the Town Manager and Mayor. The motion carried by a unanimous vote. 4.01 Phil Post Regarding Christ Community Church Public [20-0358] Hearing Process. Phil Post, project engineer for Christ Community Church, proposed a six-word text change to the Town's Land Use Management Ordinance that would allow a legislative public hearing pathway for the church. He said that the process had stopped because quasi-judicial hearings were not allowed during the pandemic. Approval of the text change would allow the Church to obtain project approval before its contract to purchase the land ran out, Mr. Post explained. Mayor Hemminger replied that staff understood the timeliness of the issue and had been looking into it. A motion was made by Council Member Anderson, seconded by Mayor pro tem Parker, that this Petition be received and referred to the Town Manager and Mayor. The motion carried by a unanimous vote. 4.02 Delores Bailey of Orange County Affordable Housing [20-0359] Coalition Comment Regarding American Legion Property. Delores Bailey, representing the Affordable Housing Coalition, asked to be included in any discussion regarding the American Legion property becoming a park. She had submitted a written statement regarding that earlier in the week, she said. Mayor Hemminger assured Ms. Bailey that all interested parties would be included in the conversation. ANNOUNCEMENTS BY COUNCIL MEMBERS 4.03 Mayor Hemminger Regarding Upcoming Closed Session. [20-0360] Mayor Hemminger said that the Council would hold a closed session on two items on the evening of May 21, 2020. Page 5 of 17 Town Council Meeting Minutes - Final May 20, 2020 4.04 Mayor Hemminger Regarding Governor Cooper's [20-0361] Announcements. Mayor Hemminger emphasized that the Town was committed to keeping the community safe during the COVID-19 pandemic. She would soon respond to Governor Cooper's recent announcement on the Phase 2 reopening, she said. 4.05 Mayor Hemminger Regarding Upcoming Advisory Board [20-0362] Meetings. Mayor Hemminger said that the Stormwater Advisory Board and the Housing Advisory Board would be holding remote meetings on May 21. The Public Transit Committee and the Transportation and Connectivity Board would meet virtually on May 27, she said. 4.06 Mayor Hemminger Regarding Amended Consent Agenda. [20-0363] Mayor Hemminger pointed out that the Consent Agenda had been amended because of the Governor's COVID-19 announcement and that virtual meetings would continue through June. 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 Parker, seconded by Council Member Anderson, that R-1 be adopted as amended, which approved the Consent Agenda. The motion carried by a unanimous vote. 5. Approve all Consent Agenda Items. [20-0338] This resolution(s) and/or ordinance(s) was adopted and/or enacted. 6. Authorize the Town Manager to Negotiate and Execute a Lease [20-0339] Agreement with Melody Eggen, Inc. for Continuation of Dance Studio at Town Facility, 1714 Legion Road. This resolution(s) and/or ordinance(s) was adopted and/or enacted. 7. Call a Public Hearing for Land Use Management Ordinance [20-0340] Text Amendments-Proposed Changes to Section 3.7 and Appendix a Permitting Flex Office in Town Center Zoning Districts and Expanding Definitions Related to Types of Retail on June 10, 2020. This resolution(s) and/or ordinance(s) was adopted and/or enacted. Page 6 of 17 Town Council Meeting Minutes - Final May 20, 2020 8. Modify Advisory Board Remote Participation Policy to Allow the [20-0341] Board of Adjustment and Historic District Commission to Conduct Remote Quasi-Judicial Evidentiary Hearings and to Allow Boards to Act to Approve or Deny Matters Before Them During State-declared States of Emergency and in Accordance with the Provisions of G.S. 166A-19.24. This resolution(s) and/or ordinance(s) was adopted and/or enacted. 9. Extend Advisory Board Member Terms Ending in June 2020 and [20-0342] Defer Spring Appointments to the Fall. This resolution(s) and/or ordinance(s) was adopted and/or enacted. 9.1 Adopt a Revised Meeting Schedule to Hold Special Meetings in [20-0357] a Virtual Environment through June 30, 2020 or Until the Orange County Stay At Home Order is Lifted. This resolution(s) and/or ordinance(s) was adopted and/or enacted. INFORMATION 10. Receive Upcoming Public Hearing Items and Petition Status [20-0343] List. This item was received as presented. 11. Receive the FY20 Third Quarter Affordable Housing Quarterly [20-0344] Report (January-March). This item was received as presented. DISCUSSION 12. Presentation: Recommended Budget for FY 2020-21. (no [20-0345] attachment). Mr. Jones gave a PowerPoint presentation on the Town's FY 2020-2021 recommended $111 million budget. He pointed out that COVID-19 had forced a shift from a budget that had been looking to the future to one that was currently focused on maintaining core Town services and preparing for a strong recovery after the pandemic. Mr. Jones said that the approximate $65.7 million General Fund would be a 2.2 percent decrease from the current fiscal year. He was not proposing a tax rate increase, he said. He noted that there was no proposed pay raise for employees, but there were no layoffs or furloughs either. He proposed reducing the amount of fund balance to 22 percent in order to balance the budget while still leaving a buffer in case the economic downturn became deeper or longer than expected. Page 7 of 17 Town Council Meeting Minutes - Final May 20, 2020 Mr. Jones said that property taxes were expected to grow at an average of 1.5 percent next year. Amended projections for FY 2021 reflected a 9.5 percent decrease in sales taxes in FY 2021, and a drop in the occupancy tax, services charges, and license and permit fees, he said. He pointed out that property taxes made up 47 percent of the Town budget, followed by sales taxes (22 percent), Town share of state revenues (11.4 percent), and charges for services (7.2 percent). Mr. Jones said that a hiring freeze would extend until at least the first quarter of FY 2021. He proposed to reduce the street maintenance budget, and OPEB (Other Post-Employment Benefits) pre-funding, and to eliminate the building maintenance budget, vehicle replacement budget, Pay-Go Capital Program, and transfers to the Blue Hill TIF (tax increment financing). He was not proposing a reduction in the Affordable Housing Fund or in Human Services Agency funding, he said. With respect to the Town's Enterprise Funds, Mr. Jones said he anticipated using fund balance to close a gap in the Parking Fund. The Housing Fund was in solid shape and he did not expect significant changes in the Stormwater Fund, he said. Mr. Jones said he anticipated a 1.8 percent increase in the Transit Fund budget. Mr. Jones said that he did not expect a change in federal assistance, but did anticipate a $412,000 increase from the state as well as $5.7 million in CARES Act funding for one-time capital expenditures, he said. He said that next steps would include holding up to three Council budget work sessions, a public hearing on June 10, and anticipated budget adoption on June 24, 2020, he said. Mr. Jones said that budget information was available at townofchapelhill.org/budget. Mayor Hemminger pointed out that the Council would address the budget in more depth at its upcoming work session. She said that the Council welcomed public input despite the virtual setting and that Council Members took emails as well. Council Member Buansi asked about re-purposing funds for more immediate needs, and Mr. Jones replied that staff had been discussing using some Human Services funds in ways that might not have been anticipated in December and January. The Town anticipated receiving additional Community Development Block Grant funds as well, and some CARES Act funding could be used to address current needs, said Mr. Jones. Nancy Oates, a Chapel Hill resident, expressed concern about some repairs that had to be eliminated and said that some of the revenue projections might be optimistic. She urged the Town to reduce executive salaries by 10 percent for the current year only. Council Member Ryan characterized the projected increase in sales tax Page 8 of 17 Town Council Meeting Minutes - Final May 20, 2020 revenue as optimistic, and Mr. Jones replied that staff shared her concerns. He was recommending using less Fund Balance than had been used to balance budgets in the past in order to leave a cushion in case numbers were worse than anticipated, he said. In addition, the Town could extend its hiring freeze beyond October 2021 to help offset losses, Mr. Jones pointed out. Council Member Gu asked if the budget reflected the effect that a new parking deck on East Rosemary Street would have on the Parking Fund. Business Management Director Amy Oland replied that staff had not yet received direction that the East Rosemary Street project was moving forward. Therefore, the budget took that into consideration but was not based solely on it, she said. Ms. Oland pointed out, however, that the budget did include increased revenue projections for the Wallace Deck based on higher occupancy. Mr. Jones said that budgetary projections were as conservative as possible. He noted that staff would have to make adjustments if UNC-CH did not reopen in the fall, and Council Member Gu requested that staff bring back different reopening scenarios. Mayor Hemminger commented on the many unknowns during the current time. The Town was fortunate to have a hefty fund balance, she said, and she expressed appreciation to staff for figuring out how to maintain core services and help those who were most in need. This item was received as presented. 13. Public Housing Master Plan Update - Trinity Court. [20-0346] Public Housing Director Faith Brodie gave a PowerPoint presentation on future plans for Trinity Court, a Town-owned property where hazardous materials had been discovered and residents relocated to other public housing neighborhoods. In 2018, the Town had learned that it would cost approximately $1.4 million to repair Trinity Court, Ms. Brodie explained. She said that the HUD operating subsidy that year had not covered the cost of those repairs in addition to the cost of continued maintenance and renovation of the Town's 12 other neighborhoods. Ms. Brodie said that the Council had requested more research into options and that staff had determined the four options to be: sell the land, de-construct, renovate, or rebuild. She reviewed the pros, cons and estimated costs of each option. The estimated cost of renovation was $7.5 million, she said, adding that choosing that option would allow continuing subsidies from HUD but would not achieve the Council's interest in increasing density, upgrading appearance, or redesigning the structure. Ms. Brodie said that the estimated cost of rebuilding was $6.1 million but Page 9 of 17 Town Council Meeting Minutes - Final May 20, 2020 that should assume an additional $1 million to account for additions and cost escalation. She pointed out that the estimate for rebuilding did not include the costs for deconstruction, designer fees, contractor overhead/profit, and permits. The total starting cost would be closer to $9.6 million, she said. Ms. Brodie described a 2012 Rental Assistance Demonstration (RAD) program that would allow Trinity Court to be converted to a Section 8 voucher property and rebuilt. She said that current zoning authorized 40 apartments and that any additional units or changes to the configuration would require a rezoning. Ms. Brodie recommended the RAD conversion. Mayor Hemminger confirmed with Ms. Brodie that the HUD subsidy for 40 units would be $79,000 per year, and Council Member Stegman verified that rebuilding would not require a rezoning or SUP if the building footprint remained as it was. Council Member Ryan verified that the $9.6 million estimate assumed 40 units and that each additional unit would cost an assumed $240,000 on top of that. Mayor Hemminger pointed out, however, that the actual cost would be lower because the deconstruction price had been based on more units. The Council confirmed that adding more units would not mean expanding the building footprint, but might mean increasing its height. Council Member Anderson verified with Ms. Brody that having mixed-income housing would not affect RAD funding as long as the money was spent on the 40 units of public housing that had been in the application. Council Member Huynh asked staff to bring back information on what could be done to attract more developers, and Mayor Hemminger asked for information on the property's age. Ms. Oates commented on the current low cost of borrowing money and said that Trinity Court should serve the 0-30 percent of AMI range if the Town decided to apply for low-income tax credits. She said that adding extra amenities would lead to higher rents and that it would be difficult to add units without going quite a bit taller. All Council Members said they preferred the rebuild option, with RAD financing, and with looking for opportunities to put as much housing on the site as it could reasonably accommodate. They asked for information on how many additional units would be feasible and on the trade-off between adding more units and expediting the process. They agreed that it was important for the Town to retain ownership of the land and to retain the public housing income level. They asked that the process be expedited as much as possible. Council Member Buansi stressed the importance of including a common Page 10 of 17 Town Council Meeting Minutes - Final May 20, 2020 area with playground and greenspace and Mayor Hemminger agreed. The Mayor noted that there was a public park nearby but said that Trinity Court needed some area that would give it a sense of community. Mayor Hemminger asked staff to bring back an estimate of how many more units could fit on the site. She pointed out that the Town, as developer, could get the rezoning process moving while looking for a partner, getting cost estimates, and applying for RAD. She recommended looking at alternative financing and noted that the Town would have rental income and a HUD subsidy and could leverage funds over a period of time to help pay for the property. Trinity Court would also be a good way to leverage some of the Town's Affordable Housing Bond money, Mayor Hemminger said. A motion was made by Council Member Huynh, seconded by Council Member Buansi, to receive the information. The motion carried by a unanimous vote. 14. 2200 Homestead Road Site Plan Update. [20-0347] Affordable Housing Manager Nate Broman-Fulks gave a PowerPoint presentation on a Town-owned development project at 2200 Homestead Road. He asked the Council for feedback on a draft site plan that would be incorporated in a development application that staff anticipated submitting in the fall. Affordable Housing Development Officer Emily Holt provided background on the project and described its location and surroundings. The area was part of a 14-acre Town-owned parcel that included approximately eight developable acres, she said. She explained that the project had been in progress since 2017 and said that staff had presented a concept plan to Council in June 2018. Ms. Holt said that the project vision, which had been established based on Council feedback, was for a mutually-supportive, self-sustaining, mixed-income community. The project goals included expanding housing for a range of incomes up to middle income, providing rental housing for vulnerable populations, and insuring long-term affordability, she said. Ms. Holt said that staff has executed a memo of understanding with Homestead Housing Collaborative and was presenting the resulting site plan. Aspen Romeyn, project manager with Self Help (the lead developer of the Homestead Housing Collaborative, which included CASA, Community Home Trust, and Habitat for Humanity) said that Self Help would work with the Town to develop the site and that its three partners would then build the vertical elements. Ms. Romeyn described how a third of the buildings would be set aside for people with intellectual and developmental disabilities (IDD) and with substance abuse and addiction issues. She said that universal design Page 11 of 17 Town Council Meeting Minutes - Final May 20, 2020 principles would make many units and many parts of the site accessible for people with impaired mobility. Ms. Romeyn discussed a proposal to actively pursue housing vouchers. She said that community stakeholders were interested in serving extremely low-income populations that earn less than 30 percent of the area median income (AMI). The goal was that 20 percent of the units would be occupied by extremely low income people, she said. Wendy Ramsden, a landscape architect with Coulter Jewell Thames, gave an overview of the draft site plan and explained that existing conditions included a 2.5-acre pond area that could potentially become developable land. The pond had been drained and an official state determination about its potential for development would be made in early fall, she said. Ms. Ramsden showed a residential development layout that assumed using much of the pond area, and she noted that it remained similar to the concept plan submitted two years prior. The plan included 120 residential units, which would be a mix of apartments, townhomes and duplexes, with both rental and ownership tenancies, she said. Ms. Ramsden discussed vehicular access points and noted a plan for improvements along Homestead Road. She said that there would be about 180 parking spaces (1.5 spaces per unit) at the site. She described a stormwater mitigation pond, greenway trail connection, playground, basketball half-court, community garden, and outdoor spaces and sidewalks. Mr. Broman-Fulks pointed out that the Council was scheduled to consider a bond funding request for the project on June 10. Staff planned to refine the plan and submit a development application in the fall, and a legislative development review process would then begin, he said. He asked the Council if the project, as described, met its vision and goals. Council Members confirmed with Mr. Broman-Fulks that he would provide the amount of financial subsidy that the project would need from the Town at the June 10 meeting. They asked why a limited equity co-op model was not being considered for the project, and Kimberly Sanchez of Community Home Trust (CHT), said that CHT planned to take that idea up at its upcoming board meeting. The Council confirmed with Ms. Romeyn that (in addition to those with income levels under 30 percent of AMI) about 37 percent of residents would be 30-60 percent of AMI, about 38 percent 60-80 percent of AMI, and about 4 percent would be about 80-115 percent of AMI. The Council verified that with Mr. Broman-Fulks that "long term affordability" typically meant at least 30 years with an emphasis on trying to make it permanently affordable. Council Member Ryan spoke in favor of stretching that affordability period out as far as possible, preferably permanently. Page 12 of 17 Town Council Meeting Minutes - Final May 20, 2020 Council Members determined from Ms. Romeyn that the inclusion of higher end units was in response to the Town's goal of having a mixed-income community. She and the Council discussed the fact that there were market rate townhomes next door to the project and opportunities for a variety of income ranges in the vicinity. The Council confirmed that planners had consulted with experts in the area of IDD co-housing about how to integrate those needs into the community. The Mayor and Council asked questions about connections to nearby locations and the safety of crossing Homestead Road. Ms. Ramsden described a 10-foot wide multi-modal trail along Homestead and sidewalks to adjacent developments. The Council raised the possibility of moving duplexes closer to the community and reducing the amount of road once the pond determinations had been made. Patrick and Carol Conway, Chapel Hill residents, expressed concern about limiting the units to only 20 percent with extremely low income when two-thirds of those would be going to UNC Horizon. He could not see how the goal of 36 percent for people with IDD or substance abuse would be reached since IDD adults were typically in that low-income category, he said. Carol Conway provided statistics about the need for independent living situations for adults with IDD. Mike Madden, a Chapel Hill resident, agreed with the previous speakers' comments and urged planners to consult with local groups that were knowledgeable about the IDD community. He requested that presenters explain how residents would safely cross Homestead Road and get to the Seymour Center. Dana Hanson-Baldauf, a Chapel Hill resident, said that IDD individuals were discriminated against and commonly under-prioritized. She agreed with what the Conways had said about the need for housing and strongly urged the Council to prioritize the IDD population. Ms. Oates said that obtaining grants and charitable contributions might be more difficult during the COVID-19 crisis. There must be a way for the Town to retain ownership of the land so that the property would continue to be permanently affordable, she said. Ms. Oates proposed that the Town give preference to Town employees and veterans when choosing residents for the development. Council Members spoke about the importance of working with local interest groups and being intentional regarding how the IDD residents would be included. They expressed interest in seeing permanent affordability on the site and encouraged planners to make the area more pedestrian friendly by including safe ways to cross the parking lot. The Page 13 of 17 Town Council Meeting Minutes - Final May 20, 2020 Council encouraged planners to include a community space or clubhouse. They said that such a space might also include wraparound services for those who live there. Ms. Romeyn pointed out that there would be a community room in one of the CASA apartment buildings as well as two adjacent offices that would be open for anyone to use. In response to Council comments about connectivity, she said that there would be a bus stop right in front of the site on Homestead Road. That bus would connect with the Seymour Center, downtown, nearby schools, and other amenities, she said. Council Member Anderson left the meeting at 10:34 p.m. Council Member Stegman said that she would still like to see an Equity Cooperative Model explored, and Council Member Huynh characterized that model as an innovative way to help some lower income families accumulate wealth. Council Member Buansi urged planners to think about having a full rather than half basketball court and Mayor Hemminger agreed. Mayor Hemminger recommended that planners look at other models for ideas about how to expand the percentage of IDD residents. She urged them to also reach out to community partners and to explore opportunities for partnerships and funding sources. A motion was made by Mayor pro tem Parker, seconded by Council Member Buansi, that this Discussion Item be received and filed. The motion carried by a unanimous vote.Council Member Anderson did not vote. 15. Update on Historic District Design Guidelines. [20-0348] Senior Planner Anya Grahn gave a PowerPoint update on the Historic District Design Guidelines Visioning Project. She explained that the Historic District Commission (HDC) had requested that the Design Guidelines (DGs) be revised and that the Town had received a $10,000 grant in 2019 from the NC Preservation Office to complete the $25,000 project. Ms. Grahn described how the DGs were used, outlined the project scope, and presented a summary of proposed revisions. She provided a list of items that needed more public discussion and said that only one public information meeting had been held due to the pandemic. HDC members had met virtually, however, and had asked DGs Committee members to share individual reviews and draft revisions via email and on the project website. Ms. Grahn said that the August 21 deadline might be extended and that other dates were tentative because of COVID-19 restrictions. Council Member Ryan, the Council's representative to the HDC, confirmed Page 14 of 17 Town Council Meeting Minutes - Final May 20, 2020 with Ms. Grahn that the guidelines were being aligned with the Town's Land Use Management Ordinance (LUMO) where possible but that some text amendments might be required. She pointed out that the LUMO was going to be rewritten and said that perhaps those changes could be part of that discussion. Council Member Ryan verified with Ms. Grahn that the HDC, not the Council, would approve the guidelines. She did not feel comfortable with that considering the LUMO rewrite, Council Member Ryan said, and she mentioned areas where the DGs could be open to interpretation and needed more clarity. Bill Raynor, a Chapel Hill resident, expressed concern that lack of Council approval could allow the HDC to expand its purview and scope. He hoped the public would have an opportunity to comment before the DGs became final, he said. Mayor Hemminger confirmed with Ms. Grahn that the LUMO did not explicitly give the HDC the authority to do landscaping but did allow them to look at significant site features, if pertinent. She noted that landscape and setting could be important to historic character and confirmed with Ms. Grahn that the HDC often looked at site features (such as historic rock walls, pathways and walkways, open spaces, water features) that contribute to the look and feel of a site. Mayor Hemminger and Ms. Grahn discussed how the LUMO and the DGs should work together, but the DG categories did not currently line up with LUMO criteria. Council Member Ryan stressed the importance of aligning the two so that differences of opinion would not confuse the community. This item was received as presented. CONCEPT PLAN REVIEW(S) Page 15 of 17 Town Council Meeting Minutes - Final May 20, 2020 Concept Plans: Presentations for Concept Plans will be limited to 15 minutes. Concept Plan review affords Council members the opportunity to provide individual reactions to the overall concept of the development which is being contemplated for future application. Nothing stated by individual Council members this evening can be construed as an official position or commitment on the part of a Council member with respect to the position they may take when and if a formal application for development is subsequently submitted and comes before the Council for formal consideration. As a courtesy to others, people speaking on an agenda item are normally limited to three minutes. Persons who are organizing a group presentation and who wish to speak beyond the three minute limit are requested to make prior arrangements through the Mayor’s Office by calling 968-2714. 16. Concept Plan Review: Carraway Village, 3000 Eubanks Road [20-0349] (Project #20-023). Senior Planner Jake Lowman summarized the request for a limited scope modification to a Special Use Permit (SUP) for Carraway Village, an approximate 50 acre development at the corner of NC 86 and Eubanks Road. He explained that the modification requested the following changes: allow climate-controlled self-storage as a use in Block G; adjust uses in Blocks A, B and C to allow service stations as stand-alone uses; adjust the sign stipulation to allow more tenant panels; allow public street A to terminate where it currently was. Mr. Lowman recommended that the Council adopt Resolution 6, transmitting comments to the applicant. Applicant Adam Golden, of Northwood Ravin, explained that the trigger for allowing sign modifications was 25,000 square feet of commercial use. Northwood Ravin was asking for a reduction to its current 20,000 square feet so that they could put more tenants on the sign, he said. Mr. Golden then reviewed the other requested modifications and discussed how the pandemic had interfered with his ability to attract commercial tenants. Bill Dirks, of John McAdams Company, described the development's proximity to a floodplain, stream, Research Conservation District (RCD) and steep slope. He noted the high cost of getting across those areas and pointed out that there was nothing that public street A would connect to if extended. Council Member Gu confirmed with others that the Council had previously granted the applicant a limited review of the requested modifications. Page 16 of 17 Town Council Meeting Minutes - Final May 20, 2020 Francis Corr, who resided across the street from Block B, expressed concern about probable noise coming from a gas station so close to his home. He said that changes in Eubanks Road had already caused drivers to speed down that road and that he was being disturbed by delivery trucks at Chick-fil-A. Mr. Corr pointed out that gas stations were not typically located near residences in Chapel Hill. After Council Members voiced their opinions about self-storage, Mayor Hemminger summarized that they were not thrilled with the idea and would like to see something else at that location, unless that was all the applicant could get there. The majority of Council Members said they preferred Block C to Block A for the gas station, and Mayor Hemminger said, in summary, that the Council was very opposed to a gas station that was visible from the highway and near an RCD. Council Members said that they had no objections to the sign change, the road termination, or the reduction of the sign trigger to 20 percent. Council Member Buansi suggested that staff look into the issue of speeding on Eubanks Road. Mr. Golden commented that Northwood Ravin had been working for eight years to get other uses and that COVID-19 had made that pursuit even more difficult. He pointed out that the Community Design Commission had thought Block A was the best location for the gas station and that the consultant had recommended that location because it was the closest to Interstate 40. A motion was made by Council Member Buansi, seconded by Council Member Huynh, that R-6 be adopted. The motion carried by a unanimous vote. Council Member Anderson did not vote. ADJOURNMENT This meeting was adjourned at 11:34 p.m. Page 17 of 17

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 Hongbin Gu Mayor pro tem Michael Parker Council Member Tai Huynh Council Member Jessica Anderson Council Member Amy Ryan Council Member Allen Buansi Council Member Karen Stegman Wednesday, May 20, 2020 7:00 PM Virtual Meeting Virtual Meeting Notification Town Council members will attend and participate in this meeting remotely, through internet access, and will not physically attend. The Town will not provide a physical location for viewing the meeting. The public is invited to attend the Zoom webinar directly online or by phone. Register for this webinar: https://us02web.zoom.us/webinar/register/WN_K63yDViKRIyMZJIjoEoN0g After registering, you will receive a confirmation email containing information about joining the webinar in listen-only mode. Phone: 301-715-8592, Meeting ID: 879 1941 0253 View Council meetings live at https://chapelhill.legistar.com/Calendar.aspx – and on Chapel Hill Gov-TV (townofchapelhill.org/GovTV). OPENING Roll Call 1. Update on Town Efforts to Respond to the COVID 19 [20-0334] Crisis. (no attachment) PRESENTER: Chris Blue, Police Chief/Community Safety Executive Director Vencelin Harris, Fire Chief Kelly Drayton, Emergency Management Coordinator The purpose of this item is for the Town Emergency Management/Public Safety staff to provide an overview of Town efforts to respond to the COVID 19 crisis. http://www.townofchapelhill.org Page 1 of 5 Printed on 5/15/2020 Town Council Meeting Agenda May 20, 2020 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. 2. Parks, Greenways, and Recreation Commission [20-0335] Request to Designate all 36.2 Acres of the American Legion Property for Use as a Community Park. 3. Planning Commission Request Regarding Payments in [20-0336] Lieu for Pedestrian/Biking Improvements. 4. Elaine McVey Request to Amend the Land Use [20-0337] Management Ordinance Related to Deer Fencing. 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. 5. Approve all Consent Agenda Items. [20-0338] By adopting the resolution, the Council can approve various resolutions and ordinances all at once without voting on each resolution or ordinance separately. 6. Authorize the Town Manager to Negotiate and Execute [20-0339] a Lease Agreement with Melody Eggen, Inc. for Continuation of Dance Studio at Town Facility, 1714 Legion Road. By adopting the resolution, the Council authorizes the Town Manager to negotiate and execute a lease agreement on behalf of the Town with Melody Eggen, Inc. related to the aforementioned Facility at 1714 Legion Road. http://www.townofchapelhill.org Page 2 of 5 Printed on 5/15/2020 Town Council Meeting Agenda May 20, 2020 7. Call a Public Hearing for Land Use Management [20-0340] Ordinance Text Amendments-Proposed Changes to Section 3.7 and Appendix a Permitting Flex Office in Town Center Zoning Districts and Expanding Definitions Related to Types of Retail on June 10, 2020. By adopting the resolution, the Council calls a public hearing to consider matters related to permitting Flex Office in Town Center zoning districts and expanding definitions related to types of retail on June 10, 2020. 8. Modify Advisory Board Remote Participation Policy to [20-0341] Allow the Board of Adjustment and Historic District Commission to Conduct Remote Quasi-Judicial Evidentiary Hearings and to Allow Boards to Act to Approve or Deny Matters Before Them During State-declared States of Emergency and in Accordance with the Provisions of G.S. 166A-19.24. By adopting the resolution, the Council will modify Resolution (2020-04-01/R-1) to allow the Board of Adjustment and Historic District Commission to conduct remote quasi-judicial evidentiary hearings and to allow boards to act to approve or deny matters before them during State-declared States of Emergency and in accordance with the provisions of G.S. 166A-19.24. 9. Extend Advisory Board Member Terms Ending in June [20-0342] 2020 and Defer Spring Appointments to the Fall. By adopting the resolution, the Council extends the term limits for advisory board member’s terms ending in June 2020 and defers spring appointments to the fall. INFORMATION 10. Receive Upcoming Public Hearing Items and Petition [20-0343] Status List. By accepting the report, the Council acknowledges receipt of the Scheduled Public Hearings and Status of Petitions to Council lists. 11. Receive the FY20 Third Quarter Affordable Housing [20-0344] Quarterly Report (January-March). By accepting this report, the Council receives the third quarter Fiscal Year 2020 Affordable housing report (January-March). DISCUSSION http://www.townofchapelhill.org Page 3 of 5 Printed on 5/15/2020 Town Council Meeting Agenda May 20, 2020 12. Presentation: Recommended Budget for FY 2020-21. [20-0345] (no attachment). PRESENTER: Maurice Jones, Town Manager 13. Public Housing Master Plan Update - Trinity Court. [20-0346] PRESENTER: Faith M. Brodie, Director of Public Housing RECOMMENDATION: That the Council review the materials outlining the challenges and opportunities associated with the Trinity Court Apartments and provide feedback to the staff. 14. 2200 Homestead Road Site Plan Update. [20-0347] PRESENTER: Nate Broman-Fulks, Affordable Housing Manager; Emily Holt, Affordable Housing Development Officer RECOMMENDATION: That the Council receive the update and provide input on the site plan prior to submission of rezoning and development applications for the site. 15. Update on Historic District Design Guidelines. [20-0348] PRESENTER: Anya Grahn, Senior Planner RECOMMENDATION: That the Council receive the staff’s report. CONCEPT PLAN REVIEW(S) Concept Plans: Presentations for Concept Plans will be limited to 15 minutes. Concept Plan review affords Council members the opportunity to provide individual reactions to the overall concept of the development which is being contemplated for future application. Nothing stated by individual Council members this evening can be construed as an official position or commitment on the part of a Council member with respect to the position they may take when and if a formal application for development is subsequently submitted and comes before the Council for formal consideration. As a courtesy to others, people speaking on an agenda item are normally limited to three minutes. Persons who are organizing a group presentation and who wish to speak beyond the three minute limit are requested to make prior arrangements through the Mayor’s Office by calling 968-2714. 16. Concept Plan Review: Carraway Village, 3000 [20-0349] Eubanks Road (Project #20-023). PRESENTER: Jake Lowman, Senior Planner http://www.townofchapelhill.org Page 4 of 5 Printed on 5/15/2020 Town Council Meeting Agenda May 20, 2020 a. Review of process b. Presentation by the applicant c. Comments from the Community Design Commission d. Comments from the public e. Comments and questions from the Mayor and Town Council f. Motion to adopt a resolution transmitting Council comments to the applicant. RECOMMENDATION: That the Council adopt the resolution transmitting comments to the applicant. http://www.townofchapelhill.org Page 5 of 5 Printed on 5/15/2020

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