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Town Council

Regular Meeting

Chapel Hill, NC · April 7, 2021

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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, April 7, 2021 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_HodEDiVFROC4uBqeqhfQLA After registering, you will receive a confirmation email containing information about joining the webinar in listen-only mode. Phone: 301-715-8592, Meeting ID: 847 7779 0819 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 Ann Anderson, Assistant Planning Director Judy Johnson, Community Development Program Manager Megan Culp, Community Resilience Officer John Richardson, Housing and Community Assistant Director Sarah Viñas, Planning Director Colleen Willger, Affordable Housing Manager Nate Broman-Fulks, Senior Planner Jake Lowman, Executive Director for Technology and CIO Scott Clark, Communications and Public Affairs Diretor/Town Clerk Sabrina Oliver, and Deputy Town Clerk Amy Harvey. OPENING Mayor Hemminger called the roll and all Council Members replied that they were Page 1 of 14 Town Council Meeting Minutes - Final April 7, 2021 present. Mayor Hemminger opened the virtual meeting at 7:00 p.m. and read the agenda. She said that there would be no COVID-19 update because local conditions were stable. However, residents should remain vigilant since positive cases had been increasing elsewhere in North Carolina, she said. ANNOUNCEMENTS BY COUNCIL MEMBERS 0.01 Mayor Hemminger Regarding Former Council Member [21-0309] Edith Wiggins. The Council held a moment of silence for former Council Member Edith Wiggins, a long-time community representative and school advocate, who had recently passed away. 0.02 Celebrating Successes: LED Streetlights. [21-0310] The Council watched a Celebrating Successes video about the Town's conversion of more than 1,900 street lights to LED. The change would lead to significant energy savings and would cut greenhouse gas emissions in half, Mayor Hemminger said. She discussed Town plans to expand the effort and encouraged local businesses to convert their lights as well. 0.03 Mayor Hemminger Regarding SECU Family House [21-0311] Ribbon-Cutting. Mayor Hemminger said that SECU Family House had recently added 35 more rooms for families who need support and a place to stay when they come to Chapel Hill for health care. 0.04 Mayor Hemminger Regarding Economic Sustainability [21-0312] Meeting this Friday. Mayor Hemminger announced a meeting of the Council Committee on Economic Sustainability on April 9th at 8:00 a.m. Agenda items included redevelopment of the Police Station coal ash site, the revised COVID-19 economic recovery plan, and possibly parking payments in lieu, she said. 0.05 Mayor Hemminger Regarding Public Information Meeting [21-0313] on Fordham Sidepath Project. Mayor Hemminger said that a public information meeting on layout and landscaping of the Fordham Boulevard side path would be held on April 14th. Time and location could be found on the Town's website, she said. 0.06 Mayor Hemminger Regarding Upcoming Work Session. [21-0314] Mayor Hemminger said that the Council would address the Town budget Page 2 of 14 Town Council Meeting Minutes - Final April 7, 2021 and the Land-Use Management Ordinance rewrite at an April 14th work session, beginning at 6:30 p.m. 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. 0.07 Paul Snow Request Regarding Traffic Model in the Area of [21-0315] Estes and MLK. Paul Snow, a Mt. Bolus Road resident, requested a comprehensive traffic plan for the Martin Luther King Jr. Boulevard/Estes Drive area, where several large developments were being planned. He asked that staff use a new Town-wide traffic model to develop scenarios that reflect the plans of all relevant property owners. He also requested that the Town suspend further consideration on an "Aura" project until staff had reviewed the traffic plan. Mayor Hemminger pointed out that staff had already begun a traffic modeling process. The Council had been assured that the analysis would include potential scenarios, she said. She asked the Town Manager to send out a memo regarding the timeline. A motion was made by Council Member Anderson, seconded by Mayor pro tem Parker, to receive and refer the petition to the Town Manager and Mayor. The motion carried by a unanimous vote. 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, which approved the Consent Agenda. The motion carried by a unanimous vote. Page 3 of 14 Town Council Meeting Minutes - Final April 7, 2021 1. Approve all Consent Agenda Items. [21-0290] This resolution(s) and/or ordinance(s) was adopted and/or enacted. 2. Adopt the Bond Orders for the Two-Thirds Bonds and Adopt a [21-0291] Resolution Authorizing the Issuance of $3,205,000 of Two-Thirds Bonds and $4,755,000 of Referendum Bonds. This resolution(s) and/or ordinance(s) was adopted and/or enacted. 3. Authorize the UNC Letter of Intent for the East Rosemary [21-0292] Parking Deck and Authorize the Drafting and Signing of a Purchase and Sale Agreement. This resolution(s) and/or ordinance(s) was adopted and/or enacted. 4. Amend the Lease with United States Postal Service (USPS) at [21-0293] 179 East Franklin Street. This resolution(s) and/or ordinance(s) was adopted and/or enacted. 5. Call a Public Hearing on May 5, 2021 to Consider Closing a [21-0294] Portion of Public Right-of-Way of Maxwell Road within the Glen Lennox Development. This resolution(s) and/or ordinance(s) was adopted and/or enacted. 6. Make a Recommendation to the Orange County Board of [21-0295] Commissioners for an Orange County Seat on the Board of Adjustment. This resolution(s) and/or ordinance(s) was adopted and/or enacted. INFORMATION 7. Receive Upcoming Public Hearing Items and Petition Status [21-0296] List. This item was received as presented. 8. Receive the Schools Adequate Public Facilities Ordinance [21-0297] (SAPFO) 2021 Annual Technical Advisory Committee Report. This item was received as presented. DISCUSSION 9. Open the Public Hearing for Conditional Zoning - 1751 Dobbins [21-0298] Drive Office/Institutional-2-Conditional Zoning District (OI-2-CZD). Page 4 of 14 Town Council Meeting Minutes - Final April 7, 2021 Assistant Planning Manager Judy Johnson recommended that the Council open and close the public hearing on a proposed Conditional Zoning modification for property at 1751 Dobbins Drive. She proposed continuing the public comment period for 24 hours and then bringing the item back for a vote on May 5, 2021. There were no questions or comments from the Council or public. Mayor Hemminger pointed out that the Council had seen the item several times. A motion was made by Mayor pro tem Parker, seconded by Council Member Anderson, to close the public hearing and receive comment for an additional 24-hours. The motion carried by a unanimous vote. 10. Public Forum: Use of 2021-2022 Community Development Block [21-0299] Grant Funds. Affordable Housing Manager Nate Broman-Fulks asked the Council for feedback on the Application Review Committee's recommended use of FY 2021-22 Community Development Block Grant (CDBG) funds. He gave an overview of the US Department of Housing and Urban Development's (HUD) CDBG program and explained that Chapel Hill was an "entitlement community" that had been receiving about $400,000 annually. The Council was scheduled to approve the Town's FY 2021-22 application in May 2021, he said. Community Development Program Manager Megan Culp outlined the staff's proposed CDBG action plan, which would allocate $419,565 (including $412,226 from HUD and $7,339 in expected income from previous projects). She said that the Application Review Committee had recommended the following: $135,000 for EmPOWERment, Inc. to purchase a duplex on Gomain Street; $84,000 to Rebuilding the Triangle to review applications related to Orange County's Home Preservation Coalition's program; and $53,717 that the Town Manager would administer for affordable housing projects. Ms. Culp said that Committee recommendations also included $3,230 for Exchange Club parenting classes and $37,683 for case management at The Interfaith Council. She pointed out that all agencies that had applied were being funded; next steps would be to finalize the plan and submit it to HUD on May 15th. If approved, the Town should receive CDBG funds by July 1, 2021, she said. Council Members verified that the Review Committee had recommended more funds for EmPOWERment, Inc. than it had requested. Additional funds were available that could cover rehabilitation costs that EmPOWERment had been planning to pay itself, Ms. Culp explained. The Council also confirmed that staff intended to do extensive outreach to Page 5 of 14 Town Council Meeting Minutes - Final April 7, 2021 make sure that non-profits were aware of CDBG funding and understood how it could be used. The Council verified with Mr. Broman-Fulks that the Town had already allocated additional COVID-related CDBG funds but that staff hoped to receive more through the American Recovery Act. They confirmed that there had been no job training, skill development, or business start-up applicants due to the effects of COVID-19. In fact, the Town would be able to roll over unused funds from the 2020 Summer Youth Employment Program, Mr. Broman-Fulks pointed out. He offered to obtain information in response to a question from Council Member Gu about possible job retraining programs. Delores Bailey, executive director of EmPOWERment, Inc., thanked the Town for the recommendation. She explained how the Gomain Street project would add to Empowerment's housing inventory for low-to-moderate income families. Mayor Hemminger praised staff's effort to work with community members to arrive at the best possible means of spreading CDBG funds as far as they could go. The item would return for a formal Council vote on May 5, 2021, she said. This item was received as presented. 11. Consider Adopting the Revised Climate Action and Response [21-0300] Plan, Requesting Funding Options, and Joining Other North Carolina Municipalities in Declaring a Climate Emergency. Community Resilience Officer John Richardson characterized the revised Climate Action and Response Plan as a road map for how the Town and community could work together to reduce emissions and build resilience. He indicated recent revisions and said that the current draft could be found online at sustainchapelhill.org. Once the plan was adopted, staff would create a dashboard and performance metrics, he said. Mr. Richardson said that reducing the Town's emissions would require a green electricity grid, sustainable transportation, sustainable development, and green building retrofits. He provided examples of those and said that most greenhouse gas emissions came from buildings/energy and transportation/land use. Mitigating those would be the Town's main focus over the next five years, he said. Mr. Richardson explained which items on a list of recommended actions the Town could do directly and which would require partnerships, community involvement and/or incentives. He discussed the level of investment required to take specific actions. He pointed out that the Climate Action and Response Plan had been built upon many other Town plans and studies. Suggestions and priorities of the Environmental Page 6 of 14 Town Council Meeting Minutes - Final April 7, 2021 Stewardship Board and the Sunrise Coalition of Chapel Hill-Carrboro had been reflected in the revised version as well, he said. Mr. Richardson described the methodology and tools that staff had used to gather and analyze information and said that an environmental justice screening tool (EJ Screen) would help make connections between climate stressors and health impacts in the future. He discussed grants that the Town had recently received and pointed out that implementation would require significant investment. Mr. Richardson recommended that the Council adopt the Climate Action and Response Plan (Resolution 10) and consider declaring a Climate Emergency (Resolution 11). Once the plan had been adopted, staff would begin having detailed conversations on how the FY 2021-22 budget could support it. Staff would then return in early fall with a more detailed implementation plan, he said. Council Members praised Mr. Richardson for taking a systems approach and making good progress on the plan. They learned from him that the towns of Carrboro and Asheville had also declared climate emergencies and that collaboration among concerned cities and towns had been growing. The Council determined that the "EJ Screen" tool would provide data on key information such as health impacts. In response to questions from the Council about cost, Mr. Richardson said that the plan identified actions that would give "the biggest bang for the buck". Staff would work with a consulting team to develop rough cost estimates and would provide a more strategic and detailed implementation process once the plan had been adopted, he said. Mr. Richardson acknowledged that the Climate Action Plan was "aspirational" but said that it included the required elements to meet the Town's goals. Mayor Hemminger and Mayor pro tem Parker emphasized the importance of putting "teeth" behind the Council's expectations. Council Members confirmed that the Town would be able to immediately implement some goals and map out a multi-year strategy for others. They verified that the plan included strategies to target and mitigate effects on populations that had been systemically and overly impacted by climate change. They confirmed that sustainability standards would be incorporated in the Land Use Management Ordinance (LUMO) and in Transit projects. Mayor Hemminger asked about adding a requirement for EV charging stations to development applications. Mr. Richardson replied that it could be added to the Comprehensive Plan, and the Council indicated support for that idea. Council Member Stegman raised concerns about additional development Page 7 of 14 Town Council Meeting Minutes - Final April 7, 2021 costs being passed on to buyers and renters. She stressed the importance of determining what should not be traded and/or mitigated. In addition, she confirmed with Mr. Richardson that the University of North Carolina at Chapel Hill (UNC) would be rolling out its own updated climate action plan soon. Mayor Hemminger said that UNC had been making a huge shift toward energy efficiency, and Mr. Richardson pointed out that the University had reduced its coal plant emissions by about 30 percent. Council Member Stegman confirmed with them, however, that UNC had given no specific date for shutting its plant down. In response to questions from Council, Mr. Richardson said that staff envisioned a "rolling" implementation plan that would include a range of options for facilitating community goals. He and the Council discussed how the state of North Carolina did not always adopt national codes. Mayor Hemminger confirmed with Town Manager Maurice Jones that implementation would require financial investments in infrastructure and personnel. She confirmed with Mr. Richardson that staff had been looking at a Green Source Advantage Program, which builds solar farms through partnerships. Staff had also had preliminary discussions with OWASA (Orange Water and Sewer Association), which had done some good work in that area and had land, he said. Mr. Richardson noted that the plan included options for running solar on Town land. Members of The Sunrise Movement of Chapel Hill-Carrboro, and other Town residents, thanked the Council, and Mr. Richardson in particular, for revising the plan to include their feedback. They praised the plan for prioritizing frontline communities, declaring a climate emergency, and sending a signal that all would be working together. In particular, speakers lauded the plan's sense of urgency. They praised the Town for putting environmental justice at the center and for ensuring that marginalized communities would be heard. Most speakers asked the Council to implement the plan quickly and to become a leader among small towns across the country. Cassa Drury, a Sunrise member, emphasized the need for accountability measures regarding the prioritization of front-line and lower-income communities. Jenna Neilson, a Sunrise member, expressed agreement with Council Members' comments about the need to add "teeth" to the plan. Owen Ryerson, a Sunrise member, proposed that the plan mandate Town participation in Duke Energy Utility Integrated Resource Plan interventions and that the Town budget prioritize equity and environmental justice. Mia Foglesong, a Sunrise member, stressed the importance of listening to Page 8 of 14 Town Council Meeting Minutes - Final April 7, 2021 frontline communities and asking, rather than telling, them what they need. Sunrise member William Zang, Kate Byrne and Brooke Bauman asked the Town to use all means possible to push Duke Energy and Dominion Energy to green the grid faster. Duke Energy's goal of doing so by 2050 was far too late, they said. Claire Bradley, a Sunrise member, urged the Council to adopt the proposed Climate Emergency resolution. Sunrise member Carol Seigler described how relieved she felt to see a plan that reflected a sense of urgency. UNC student Bri Thompson said she hoped the Council would match that sense of urgency with the necessary funding to implement the plan. Steph Pierson, a UNC student, shared her experience of growing up near a coal ash pond that had impacted the health of a local population. She asked the Council to use its power to create a better future for everyone. Maple Osterbrink, a Sunrise member, urged Council Members to not just think about what the Town could afford. She said that demand for housing was high in Chapel Hill and the Town should raise development fees. Melissa McCullough, chair of the Orange County Climate Council, spoke about a current opportunity to work together across Orange County and leverage each other's efforts and energy. She that survival was at stake and said that communities benefit more when they work together. Mayor Hemminger commented on the importance of Sunrise members being heard, since it was their generation that would face the consequences of Town actions. She recommended that they participate in an upcoming state energy conference and said that innovative things were happening in North Carolina. She pointed out that the Town had been coordinating with Metro Mayors and the League of Municipalities on environmental matters. She was counting on Sunrise members to be involved, she said. The Council praised Mr. Richardson for his hard work. They said that they wanted to include the plan in the FY 2021-22 Town budget and that staff should actively seek state and federal funding. Mayor Hemminger and Council Member Ryan raised the idea of hiring a grant writer. Council Members emphasized the need for partnerships and for being honest with community members about the tough choices that implementation would require. They agreed that urgency and equity should be a centerpiece of implementation and that the Town should strive to find central actions that would be most effective. Council Member Huynh encourage staff to continue collaborating with experts at Page 9 of 14 Town Council Meeting Minutes - Final April 7, 2021 UNC's Institute for the Environment when testing different incentive programs. Mayor Hemminger said that Chapel Hill could be an environmental leader but needed to work with partners to do so. She proposed that Council Members speak up regarding Duke Energy's timeline, noting that utility companies nationally were moving much faster. She expressed hope that federal legislation would come out and help the effort. She stressed the importance of having a living Town document that could incorporate new information and technologies as they come along. A motion was made by Council Member Anderson, seconded by Council Member Stegman, that R-10 and R-11 be adopted. The motion carried by a unanimous vote. 12. Consider a Request to Sign a Memorandum of Understanding [21-0301] Regarding the Current and Future Use of the Jointly-Owned Greene Tract. Assistant Planning Director Judy Johnson gave a PowerPoint presentation on the 164-acre Greene Tract. She explained that Orange County (OC) owned 60 of those acres and the balance was owned jointly by OC and the towns of Carrboro and Chapel Hill. Ms. Johnson recommended that the Council adopt Resolution-12, which would authorize the Town Manager to sign a revised memo of understanding (MOU) with its partners. She said that OC and Carrboro had already adopted the agreement, which would be binding once the Town had signed as well. Ms. Johnson pointed out that the Council had recently discussed key elements of document, which included: working in good faith to determine the best uses for the property; considering public input when developing uses; preserving the County-owned 60 acres; and conducting joint public engagement sessions. She pointed out that the agreement prioritized mixed use, affordable housing, a school site with a public recreation component, and connectivity. Council Members confirmed with Ms. Johnson that it was still too early to determine what the Tract's mix of uses might be. It might not be strictly residential, but there was not much opportunity for retail, she said. Abel Hastings, representing Friends of the Greene Tract, said that a recent environmental assessment had determined which half of the acreage to preserve. However, the report had stated that preservation of the entire 164 acres would be optimal, he pointed out. He expressed concern that the ultimate project would depart from community-driven Page 10 of 14 Town Council Meeting Minutes - Final April 7, 2021 recommendations and create traffic and other problems for the area. Council Member Ryan pointed out that the MOU called for flexibility in acreage and in adjusting boundaries of protected areas. She acknowledged that some hardwood forest would need to be lost but that the three jurisdictions should preserve as much as possible. She stressed the importance of prioritizing wildlife corridors in protected areas and requiring that bridges and crossings be wildlife friendly. Council Members stressed the importance of having a robust community engagement process and developing a vision before sending out requests for quotations. They emphasized that any plan should incorporate the goals of the Town's Climate Action and Response Plan as well. Mayor Hemminger said she would share the Council's thoughts at an upcoming Mayors, Managers and Chairs meeting. A motion was made by Mayor pro tem Parker, seconded by Council Member Stegman, that R-12 be adopted as amended. The motion carried by a unanimous vote. SPECIAL USE PERMIT(S) Special Use Permit: The Application for a Special Use Permit is Quasi-Judicial. Persons wishing to speak are required to take an oath before providing factual evidence relevant to the proposed application. Witnesses wishing to provide an opinion about technical or other specialized subjects should first establish that at the beginning of their testimony. 13. Open the Public Hearing: Special Use Permit Modification for [21-0302] University Place, 201 S. Estes Drive. Planner Jake Lowman gave a PowerPoint presentation on a special-use permit (SUP) modification request for University Place, an 800,000 square-foot mall on 43-acres along Estes Drive. He pointed out that the original SUP had been modified many times over its 50 years of existence. Mr. Lowman showed a site diagram and noted that Resource Conservation District (RCD) made up more than 70 percent of the site. He outlined the applicant's proposal to redevelop five pods. Pod A would be a multi-use section that would include a wrapped parking structure; Pod B would be 300,000 square feet of renovated commercial space; Pod C would demolish and redevelop a vacant building; Pod D was limited by floodplain but might include a small amount of additional commercial space; and Pod E probably would be a new bank. Page 11 of 14 Town Council Meeting Minutes - Final April 7, 2021 Mr. Lowman explained that redevelopment would happen in three phases. Phase 1 would primarily occur in Pod A and would add commercial space and approximately 250 residential units. A few years later, Phase 2 could add more office space, and Phase 3 would be the largest build-out and could include residential, commercial/office, and a possible hotel. Mr. Lowman said that the applicant was requesting modifications to regulations regarding height, setbacks, impervious surface, buffers, tree canopy, parking standards, sign restrictions, and RCD encroachment. He summarized advisory board recommendations and proposed that the Council open the public hearing, receive evidence, and continue the public hearing to May 5, 2021. Ashley Saulpaugh, representing RAM Development, expanded upon Mr. Lowman's presentation with additional details on the proposal to "de-mall" the property and convert it into an outward-facing, open-air town center. He said that Pods A, C and possibly D were the main areas of potential redevelopment and that RAM intended to move Phase 1 forward as quickly as possible. Mr. Saulpaugh explained that Phase 1 could include demolishing about 105,000 square feet of existing space, which would allow maximizing both inside and exterior-facing areas. He described a plan to build back about 50,000 square feet, and said that doing so would mean a net reduction of about 55,000 square feet in Phase 1. He then outlined the entire multi-phase development, which included a future phase of up to 450,000 square feet (150,000 square feet of office/300 square feet of multi-family use) and a possible hotel. Mr. Saulpaugh discussed RAM's modification requests and provided the reasons for each. He described plans for road and pedestrian improvements, discussed connectivity plans, and mentioned potential traffic upgrades. He said that stormwater management would consist of bio-retention basins due to the floodplain. Council Members confirmed with Mr. Saulpaugh that 15 percent of the rental units would be for people living at 80 percent of the area median income (AMI) with terms of 30 years. When pressed to lower that to 60 percent AMI, he said that he could not do so because of the number of requests that advisory boards had made. He did agree, however, to provide the Council with a list of those board requests so that the Council could prioritize. Council Members said that they needed better visuals in order to imagine what the changes would look like. Mayor pro tem Parker confirmed that the applicant was committing to no more than 45 residential units on Pod C, unless there was unused commercial space, which could then be Page 12 of 14 Town Council Meeting Minutes - Final April 7, 2021 converted to multifamily at a rate of one unit per every 1,000 square feet of unused commercial space. He pointed out that there could be significantly more than 300 residential units when one considers those that might be built on Pod C. Mr. Saulpaugh said that specific provisions would cap total residential units at 500 and require a minimum of 350,000 square feet of retail on the property as a whole. Mayor pro tem Parker confirmed with him that there was currently about 410,000 square feet of retail on the site and there would be about 355,000 square feet at end of Phase 1. In response to a question from Council Member Gu, Town Attorney Ann Anderson explained that the Council should hear the case and base its decision on the four findings of fact outlined in the Town's Comprehensive Plan. If the Council felt it needed more information from the applicant in order to do that, there was no requirement to finish the hearing in one night, she said. The Council and the applicant discussed building heights, streets frontages, the dimensions of green areas, and the applicant's request to increase the size of a sign from 16 to 24 feet. Council Members expressed unanimous concern about the amount of multi-family residential versus commercial space being proposed. Council Member Huynh confirmed that the applicant would be open to reserving 20 percent of the incubator space in Pod A for minority-owned businesses, in collaboration with Midway Business Center. Mayor Hemminger said that the property did need significant changes but that the Council did not want it turned into a multi-family complex. She ascertained from Mr. Saulpaugh that the block along Willow Drive would be more than 500 feet long, and she pointed out that the Town had not allow that much anywhere. She stressed the need to find a better stormwater control plan. She confirmed with Mr. Saulpaugh that adding a left-turn lane off Willow Drive onto Fordham Boulevard would require taking an additional right-of-way. Town Attorney Anderson recommended that the Council send any requests for additional information to staff for transmission to the applicant. She said that sharing comments at the current point in the quasi-judicial hearing would be premature. Mayor Hemminger pointed out that Council Members would be able to give comments and ask more questions when the hearing continued on May 5th. The hearing probably would be continued again after that, she said. A motion was made by Council Member Anderson, seconded by Council Page 13 of 14 Town Council Meeting Minutes - Final April 7, 2021 Member Buansi, to continue the Public Hearing to May 5, 2021. The motion carried by a unanimous vote. ADJOURNMENT This meeting was adjourned at 11:27 p.m. Page 14 of 14

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, April 7, 2021 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_HodEDiVFROC4uBqeqhfQLA After registering, you will receive a confirmation email containing information about joining the webinar in listen-only mode. Phone: 301-715-8592, Meeting ID: 847 7779 0819 View Council meetings live at https://chapelhill.legistar.com/Calendar.aspx – and on Chapel Hill Gov-TV (townofchapelhill.org/GovTV). OPENING ROLL CALL 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 http://www.townofchapelhill.org Page 1 of 5 Printed on 4/1/2021 Town Council Meeting Agenda April 7, 2021 to Council webpage to track the petition. Receiving or referring of a petition does not constitute approval, agreement, or consent. 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. 1. Approve all Consent Agenda Items. [21-0290] By adopting the resolution, the Council can approve various resolutions and ordinances all at once without voting on each resolution or ordinance separately. 2. Adopt the Bond Orders for the Two-Thirds Bonds and [21-0291] Adopt a Resolution Authorizing the Issuance of $3,205,000 of Two-Thirds Bonds and $4,755,000 of Referendum Bonds. By adopting the resolutions, the Council adopts the bond orders authorizing the issuance of two-thirds general obligation bonds in the maximum amount of $3,205,000 for parks and recreation, public safety and streets and sidewalks and $4,755,000 of referendum bonds and provides for the issuance of these bonds and takes related action, such as approving the form of the disclosure document that will be used to provide information to prospective bond investors. 3. Authorize the UNC Letter of Intent for the East [21-0292] Rosemary Parking Deck and Authorize the Drafting and Signing of a Purchase and Sale Agreement. By adopting the resolution, the Council authorizes the Town Manager to make minor non-substantive changes and to sign the Letter of Intent with UNC for 100 spaces at the East Rosemary Parking Deck and proceed with drafting and signing a Purchase and Sale Agreement with the University. 4. Amend the Lease with United States Postal Service [21-0293] (USPS) at 179 East Franklin Street. By adopting the resolution, the Council authorizes the Town Manger to extend and amend the lease with the United States Postal Service at 179 East Franklin Street. 5. Call a Public Hearing on May 5, 2021 to Consider [21-0294] Closing a Portion of Public Right-of-Way of Maxwell Road within the Glen Lennox Development. http://www.townofchapelhill.org Page 2 of 5 Printed on 4/1/2021 Town Council Meeting Agenda April 7, 2021 By adopting the resolution, the Council calls a Public Hearing for May 5, 2021 to consider closing a portion of the public right-of-way of Maxwell Road in accordance with Section 5.4(a)(2) of the Glen Lennox Development Agreement. 6. Make a Recommendation to the Orange County Board [21-0295] of Commissioners for an Orange County Seat on the Board of Adjustment. By adopting the resolution, the Council recommends a reappointment to the Board of Adjustment for one (1) Orange County appointed seat. INFORMATION 7. Receive Upcoming Public Hearing Items and Petition [21-0296] Status List. By accepting the report, the Council acknowledges receipt of the Scheduled Public Hearings and Status of Petitions to Council lists. 8. Receive the Schools Adequate Public Facilities [21-0297] Ordinance (SAPFO) 2021 Annual Technical Advisory Committee Report. By accepting the report, the Council receives the Schools Adequate Public Facilities Ordinance (SAPFO) 2021 Annual Technical Advisory Committee Report. DISCUSSION 9. Open the Public Hearing for Conditional Zoning - 1751 [21-0298] Dobbins Drive Office/Institutional-2-Conditional Zoning District (OI-2-CZD). PRESENTER: Judy Johnson, Assistant Planning Director a. Without objection, the preliminary report and any other materials submitted at the hearing for consideration by the Council will be entered into the record b. Introduction and preliminary recommendation c. Presentation by the applicant d. Recommendations of the Planning Commission e. Recommendations of other boards and commissions f. Comments from the public g. Comments and questions from the Mayor and Town Council h. Motion to close the Public Hearing and receive written public comment for 24 hours following the closed public hearing i. Consider approving the Conditional Zoning application at the May 5, 2021 meeting. http://www.townofchapelhill.org Page 3 of 5 Printed on 4/1/2021 Town Council Meeting Agenda April 7, 2021 RECOMMENDATION: That the Council open the Public Hearing, receive comment, close the Public Hearing, receive written comment public comment for 24 hours following the closed public hearing, and make a motion to schedule consideration of the item on May 5, 2021. 10. Public Forum: Use of 2021-2022 Community [21-0299] Development Block Grant Funds. PRESENTER: Nate Broman-Fulks, Affordable Housing Manager Megan Culp, Community Development Program Manager RECOMMENDATION: That the Council receive public comment on the use of federal Community Development Block Grant (CDBG) program funding and the Application Review Committee’s Recommended 2021-2022 CDBG Program Plan. 11. Consider Adopting the Revised Climate Action and [21-0300] Response Plan, Requesting Funding Options, and Joining Other North Carolina Municipalities in Declaring a Climate Emergency. PRESENTER: John Richardson, Community Resilience Officer RECOMMENDATION: That the Council 1) adopt the revised Climate Action and Response Plan, 2) request that the Town Manager develop funding options for the Council to consider as part of the FY21-22 budget process, and 3) consider joining other North Carolina municipalities in declaring a climate emergency. 12. Consider a Request to Sign a Memorandum of [21-0301] Understanding Regarding the Current and Future Use of the Jointly-Owned Greene Tract. PRESENTER: Judy Johnson, Assistant Planning Director RECOMMENDATION: That the Council authorize the Mayor to sign the Memorandum of Understanding between the Town, Carrboro, and Orange County to determine the process and best uses of the jointly-owned Greene Tract. SPECIAL USE PERMIT(S) Special Use Permit: The Application for a Special Use Permit is Quasi-Judicial. Persons wishing to speak are required to take an oath before providing factual evidence relevant to the proposed application. Witnesses wishing to provide an opinion about technical or other specialized http://www.townofchapelhill.org Page 4 of 5 Printed on 4/1/2021 Town Council Meeting Agenda April 7, 2021 subjects should first establish that at the beginning of their testimony. 13. Open the Public Hearing: Special Use Permit [21-0302] Modification for University Place, 201 S. Estes Drive. PRESENTER: Jake Lowman, Senior Planner a. Without objection, the preliminary report and any other materials submitted at the hearing for consideration by the Council will be entered into the record b. Introduction and preliminary recommendation c. Presentation of evidence by the applicant d. Recommendation by the Planning Commission e. Recommendations by advisory boards and commissions f. Presentation of evidence by the public g. Comments and questions from the Mayor and Town Council h. Motion to continue Public Hearing to May 5, 2021 i. Referral to Manager and Attorney RECOMMENDATION: That the Council open the public hearing, receive evidence, and continue the public hearing to May 5, 2021. 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 4/1/2021

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