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Town Council

Regular Meeting

Chapel Hill, NC · February 15, 2023

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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 Paris Miller-Foushee Mayor pro tem Karen Stegman Council Member Michael Parker Council Member Jessica Anderson Council Member Amy Ryan Council Member Camille Berry Council Member Adam Searing Council Member Tai Huynh Wednesday, February 15, 2023 7:00 PM RM 110 | Council Chamber Language Access Statement In-Person Meeting Notification View the Meeting • View and participate in the Council Chamber. • Live stream the meeting - https://chapelhill.legistar.com/Calendar.aspx • View on cable television channel at Chapel Hill Gov-TV (townofchapelhill.org/GovTV) • The Town of Chapel Hill wants to know more about who participates in its programs and processes, including Town Council meetings. • Participate in a voluntary demographic survey before viewing online or in person - https://www.townofchapelhill.org/demosurvey Parking • Parking is available at Town Hall lots and the lot at Stephens Street and Martin Luther King Jr. Boulevard. • See http://www.parkonthehill.com for other public lots on Rosemary Street • Town Hall is served by NS route and T route, and GoTriangle Routes of Chapel Hill Transit. Entry and COVID-19 Protocols Page 1 of 14 Town Council Meeting Minutes - Final February 15, 2023 • Entrance on the ground floor. • Visitors and employees will self-screen. Do not enter if you have these symptoms: Fever, chills, cough, sore throat, shortness of breath, loss of taste or smell, headache, muscle pain ROLL CALL Present: 7 - Council Member Jessica Anderson, Council Member Camille Berry, Council Member Paris Miller-Foushee, Council Member Tai Huynh, Council Member Michael Parker, Council Member Amy Ryan, and Council Member Adam Searing Absent: 2 - Mayor Pam Hemminger, and Mayor pro tem Karen Stegman OTHER ATTENDEES Interim Town Manager Chris Blue, Deputy Town Manager Mary Jane Nirdlinger, Deputy Town Manager Loryn Clark, Town Attorney Ann Anderson, Assistant Business Management Director Matthew Brinkley, Business Management Director Amy Oland, Principal Planner Diedra Whittenburg-McEntyre, Senior Project Manager Sarah Poulton, Assistant Planning Director Judy Johnson, Planning Director Britany Waddell, Manager of Engineering and Infrastructure Chris Roberts, Fire Marshall Roland Falana, Police Office Josh Mecimore, Communications Manager Ran Northam, and Assistant Town Clerk Brenton Hodge. OPENING Council Member Anderson called the meeting to order at 7:00 p.m. and explained that Mayor Hemminger and Mayor pro tem Stegman were both ill and had asked to be excused. Mayor Hemminger had asked her and Council Member Parker to open the meeting and the Council would then vote on who should chair the business portion, she said. She reviewed the agenda and explained the rules for participation. ANNOUNCEMENTS BY COUNCIL MEMBERS 0.01 Council Member Parker Leads Council in Honoring [23-0130] Congressman David Price. Council Member Parker lead the Council in honoring US Congressman David Price, who had recently retired from serving NC's 4th Congressional District with honor and distinction for 34 years. Several former elected officials and community partners were present. Each Council Member read a portion of a proclamation, which outlined a long list of Congressman Price's contributions to the community and the many awards that he had received. The Council commended him for his leadership, his advocacy, and his steadfast support for the Town, and they proclaimed February 16, 2023, as David Price Day in Chapel Hill. Congressman Price thanked the Council and said that he was pleased to be succeeded by Valerie Foushee who would do a fine job in representing Page 2 of 14 Town Council Meeting Minutes - Final February 15, 2023 the 4th District. He respected the way Chapel Hill had been governed over the years -- with openness, transparency, widespread citizen participation, and good faith -- and he had never doubted that he had solid hometown support, he said. He discussed some of the achievements that he felt most proud of and commended Town leaders for their strong sense of community and inclusion. Congresswoman Valerie Foushee thanked Congressman Price for working tirelessly for 34 years to make NC's 4th District a better place for all. He had been a steadfast champion for affordable housing, transportation, infrastructure, healthcare, education, gun violence prevention, international diplomacy, and countless other issues, she pointed out. She said that everything Congressman Price had done had been for the common good and that he was an inspiration to all who know him. 0.02 Celebrating Successes Video: Black History Month. [23-0131] Council Member Parker proclaimed February 2023 to be Black History Month in the Town of Chapel Hill, and the Council watched a kick-off video released by Orange County's elected leaders. The video featured two poems ("Still I Rise" by Maya Angelou, and "Making the Struggle Everyday" by Ella Baker) and was narrated by Congresswoman Valerie Foushee. The video can be seen in its entirety on Carrboro's YouTube channel, via links listed on Town's website. 0.03 Council Statement Regarding Shooting at Michigan State [23-0132] University. Council Members read a statement regarding a recent shooting at Michigan State University. The statement said that the Town and UNC were working hard to provide support and to keep everyone safe and that information on how to access community and crisis services was available on the Town's webpage and social media. Communities across the country were calling on state and federal leaders to set aside partisanship and put real action behind common sense gun legislation and the country's mental health crisis, stated the Council. 0.04 Council Member Parker Regarding This Week's Public [23-0133] Meetings. Council Member Parker announced that two virtual meetings would be held on February 16th: an open house regarding the Housing Choice Initiative at noon, and a public meeting regarding a Martin Luther King Jr. Boulevard/Critz Street crosswalk at 7:00 p.m. Additional information and links could be found on the Town's website, he said. 0.05 Council Member Parker Regarding Next Wednesday's [23-0134] Council Meeting. Page 3 of 14 Town Council Meeting Minutes - Final February 15, 2023 Council Member Parker said that the Council's next regular business meeting would be held in Council Chambers on February 22nd at 7:00 p.m. 0.06 Council Vote on Chairing Meeting. [23-0135] The Council voted unanimously to have Council Members Anderson and Parker continue chairing the meeting. A motion was made by Council Member Ryan, seconded by Council Member Miller-Foushee, that the Council be jointly chaired by Council Members Anderson and Parker. The motion carried by a unanimous vote. 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. Cultural Arts Commission Request for Name, Membership and [23-0117] Charge Changes. Council Member Parker said that the Council had received a petition from the Cultural Arts Commission to request name, membership and other changes. The Council voted unanimously to receive and refer. This item was received as presented. 1.01 1.01 Chapel Hill Downtown Partnership Request to Change [23-0136] Town Appointments to Board. A motion was made by Council Member Huynh, seconded by Council Member Berry, that the Council received and referred the petitions to the Mayor and the Manager. 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 Page 4 of 14 Town Council Meeting Minutes - Final February 15, 2023 A motion was made by Council Member Huynh, seconded by Council Member Berry, that R-1 be adopted as amended, which approved the Consent Agenda. The motion carried by a unanimous vote. 2. Approve all Consent Agenda Items. [23-0118] This resolution(s) and/or ordinance(s) was adopted and/or enacted. 2.5 Grant a Paved Walkway Easement and Access License and a [23-0129] Natural Gas Utility Easement on Town-owned Property at 130 E Rosemary St (Portion of Parking Lot 2) and Authorize the Town Manager to Execute the Documents. This resolution(s) and/or ordinance(s) was adopted and/or enacted. 3. Grant a Paved Walkway Easement and a Natural Gas Utility [23-0119] Easement on Town-owned Property at 130 E Rosemary St (Portion of Parking Lot 2) and Authorize the Town Manager to Execute the Easements. This resolution(s) and/or ordinance(s) was removed. 4. Approve Amending the 2021-2022 HOME Investment [23-0120] Partnership Program Annual Plan. This resolution(s) and/or ordinance(s) was adopted and/or enacted. 5. Approve the Interim Town Manager’s Employment Contract. [23-0121] This resolution(s) and/or ordinance(s) was adopted and/or enacted. 6. Authorize the Mayor to Execute a Contract for the Town [23-0122] Manager Recruitment and Selection Process. Council Member Anderson noted a change in Consent Agenda, and the Council voted unanimously to adopt Resolution 1, as amended, and replace Item 3 with Item 2.5. This resolution(s) and/or ordinance(s) was adopted and/or enacted. INFORMATION 7. Receive Upcoming Public Hearing Items and Petition Status [23-0123] List. This item was received as presented. DISCUSSION 8. Initial Budget Public Forum on the Annual Budget, Capital [23-0124] Page 5 of 14 Town Council Meeting Minutes - Final February 15, 2023 Program, Use of Grants and Related Items, and Potential Legislative Requests. Assistant Director of Business Management Matt Brinkley opened a public forum on the Town's FY-2023-2024 budget. He said that upcoming budget discussions would address the Town's Capital Program, funding for the Community Development Block Grant (CDBG) and HOME Programs, the Housing Capital Funds Program, the Downtown Service District, public transportation grants, and potential legislative proposals. He then reviewed elements of a 15-year investment plan for capital projects. Mr. Brinkley explained the CDBG and HOME funding process, which would begin with a public forum on April 19, 2023, that would address review committee recommendations for CDBG funding (expected to be $421,755 in FY 2023). HOME Program recommendations were expected in April 2023, and staff would present final recommendations on both programs to the Council on May 10th, he said. Mr. Brinkley said that staff expected capital grant funding for Public Housing to be similar to that of 2022 ($1,167, 218), and he gave examples of eligible activities. He said that Public Transportation grants would be an estimated $2.8 million and $3 million, from the federal and the state governments, respectively. Additional planning funds would be available through the Metropolitan Planning Organization, he pointed out. Mr. Brinkley said that estimated funding for the Downtown Service District was $408,000 through a designated 6.4 cent tax. That would represent an $11,000 increase over the current year, he pointed out. Mr. Brinkley said that items the Council had recently discussed with its legislative delegation would be considered at an upcoming Council meeting. He noted that the budget calendar included Council work sessions in the spring, which would be followed by the Manager's recommended budget presentation and public hearings. The FY 2023-24 budget was scheduled for adoption by June 30, 2023, he said. Visitors Bureau Director Laurie Paolicelli reported that the Town's tourism industry was returning to pre-pandemic levels with visitors having spent $194.81 million in 2022. Thirty-eight percent of that had gone toward food and beverages, she pointed out. She reported on transportation, lodging, retail and recreation income as well and provided demographic information on Town visitors and described their interests. Ms. Paolicelli explained that calls to North Carolina's tourism office were being answered by inmates of the women's prison in Raleigh. Her staff visited those prisoners a couple of times a year to update them on what was happening in Chapel Hill, she said. Page 6 of 14 Town Council Meeting Minutes - Final February 15, 2023 Ms. Paolicelli said that racial equity and inclusion was a top priority for the Visitors Bureau. She recommended that the Town advertise its commitment to those values and said that the Bureau had created a website (chapelhilldiveristy.com) to get that story out. Council Member Berry confirmed with Ms. Paolicelli that those who inquire about the Town ask about outdoor amenities but primarily want to know about the Town's restaurants and live music. The Council thanked Town staff for beginning the five-year budget strategy discussions. Some very hard decisions would need to be made, Council Member Ryan said. Council Member Anderson pointed out that the Council had been waiting for six or seven years for such a strategy. This item was received as presented. 9. Shaping Our Future - Stormwater Regulations Review [23-0125] Engineering and Infrastructure Manager Chris Roberts explained that a June 9, 2021, petition from five Council Members had asked staff to review the Town's stormwater regulations and find areas that could be enhanced to combat climate change. The following presentation would be an update on that process, he said. Kevin Bigalke, of SRF Consulting Group, discussed an analysis of the Town’s Stormwater Management Ordinance regulations for post-construction. The goal had been to determine if Chapel Hill was ready for increases in precipitation related to climate change, he explained. He reviewed the process, which had begun in 2022 and included input from several Town departments as well as community engagement, meetings with Town advisory boards, and conversations with stakeholders. His investigation had looked at rate control, water quality, the Resource Conservation District (RCD) and floodplain management, and stormwater volume, he said. Mr. Bigalke recommended that the Town move toward increasing its current rate control standard for 24-hour storm events and adopt "Atlas 14", which was a more accurate technical report for estimating precipitation from various size storms. With regard to water quality, he said that the Town's current standard was sufficient but needed to be edited for clarification. He discussed adding language to the Town's ordinance in some areas and strengthening it in others and gave examples of alternative approaches and practices. Mr. Bigalke said that regulating stormwater on new development would not, by itself, address changes in precipitation patterns. He recommended that the Town rewrite LUMO stormwater requirements for clarity and understandability. He proposed that the Town do the following: incorporate regional stormwater control measures into capital Page 7 of 14 Town Council Meeting Minutes - Final February 15, 2023 improvement projects; pursue grants and other sources of funding to promote voluntary stormwater management; and incentivize individual property owners to include residential stormwater management practices, such as infiltration systems and rain gardens. Mr. Bigalke said that next steps in the process would include additional staff review and an opportunity for public comment. Staff would present a final report and recommendations to the Council in April 2023, he said. In response to a question from the Council, Mr. Bigalke explained that a wetland protection buffer ordinance would provide some protection in the RCD and eliminate the potential for erosion. However, the recommendation for those pertained to any place where wetlands exist and was not tied to the RCD, he said. When asked for examples of how wetland protection would work, Mr. Bigalke explained that a developer who wanted to build on an undeveloped parcel that included a wetland would be required to establish a vegetative wetland buffer. On community-owned land, the Town could implement such buffers, he said. The Council asked how the recommendations related to the petition's original interest in mitigating upstream rather than remediating downstream, and Mr. Bigalke explained that retention regulations were intended to hold water where it falls. However, that regulation alone would not completely alleviate the problem and additional approaches could include having a regional treatment system and/or adding retention and detention as development and redevelopment occurred, he said. In response to the Council's questions about water quality, Mr. Bigalke pointed out that the City of Durham required phosphorous removal in specific areas of the city. Such a process added a level of complexity, and removing nitrogen as well was challenging, he said. The Council and Mr. Bigalke discussed how the Town had created an incentive system for the Blue Hill District after the state prohibited towns from addressing any but new impervious surface. Mr. Bigalke said that he and staff had discussed how such an incentive would fit within the proposed approach and would be part of the LUMO rewriting process. Council Member Ryan commented on the project's focused scope and pointed out the importance of having regional retention and detention as well. She asked staff to think about approaches, such as a zoning overlay, that other towns had been taking. She pointed out that a second Council petition in June 2021 had pertained to whether the Town should take a strictly engineering approach to watershed studies or have a more natural systems approach, and she stressed the importance of having that nuanced conversation. She recommended that staff tighten up some of the RCD loopholes while tightening regulations and making them more Page 8 of 14 Town Council Meeting Minutes - Final February 15, 2023 responsive to climate change. The Council confirmed with Mr. Bigalke that the Town's current ordinance had a fairly robust requirement for stormwater maintenance and inspections. Council Member Berry requested that staff attend to the aesthetics of rain gardens as well. She and Mr. Bigalke discussed the problem of stormwater running into residential backyards, and he pointed out that resolving issues with steep slopes required ingenuity and creativity. The Council emphasized the importance of applying an equity lens to stormwater management with regard to communities that have been most impacted by flooding. Mr. Bigalke agreed and pointed out that regulations would be equity neutral because they would apply to every proposed new development. The Council and Mr. Bigalke discussed the importance of the Town automatically receiving updated Atlas 14 standards. They discussed the status of nutrient reduction rules for new developers at the NC state legislature. Mr. Bigalke pointed out that the City of Durham (and perhaps Raleigh) had an incentive-based, nutrient-reduction strategy that included a training program. Mr. Roberts said that local governments were not allowed to enforce such rules on private developers. The Council confirmed with him that developers were required to send maintenance reports each year and that staff was required to inspect a certain number of those. This item was received as presented. 10. Shaping Our Future - Transit Oriented Development and Land [23-0126] Use Management Ordinance Update. Principal Planner Diedra McEntyre presented a progress report on the Land Use Management Ordinance (LUMO) update/rewriting process. She said that staff would need the Council to make some decisions and affirmations during that process, but that policy directives were already embedded in the Chapel Hill 2020 Comprehensive Plan and the Town's Complete Communities Framework (CCF). Ms. McEntyre then discussed how those directives were being used to initiate the LUMO rewrite. Allison Mouch, representing Orion Planning and Design, pointed out that the year long LUMO auditing process had already involved staff, stakeholders, applicants, and advisory board members. It had also included a survey, which had been presented to Council, she said. She explained that a team had been analyzing the LUMO, section by section, with an emphasis on equity, affordability, resilience, mobility, good design standards, and process. Ms. Mouch discussed how the updating process would unfold and what a Page 9 of 14 Town Council Meeting Minutes - Final February 15, 2023 comprehensive overhaul of the LUMO's organization, format and provisions would entail. The plan was to condense and consolidate repeated information and make the LUMO more user-friendly with pictures and tables rather than extensive content, she said. Ms. Mouch discussed how proposed improvements regarding housing, transportation, and design could advance the Town's social equity goals. With regard to the environment, she said that the LUMO and stormwater regulations needed to be looked at comprehensively. Analyzing low-impact development and landscape buffer requirements would be part of the process, she said. Ms. Mouch discussed improving the code to expand the opportunity for meaningful mixed-use development at appropriate scales in more of the Town's districts, and she gave examples of potential changes. She said that code improvements would do the following: incorporate neighborhood-scale, mixed-use in most or all residential districts; expand uses and use groups that might allow for incubator and co-working spaces in appropriate districts; and allow parks, open spaces, greenways and recreation amenities by right in every district. Ms. McEntyre then proposed a timeline that would allow the Council to formally adopt the rewritten LUMO in November 2024. Training and creation of a user guide would follow that, she said. She proposed returning to the Council in June 2023 with an annotated outline and a re-composition of the LUMO that would address the values of the CCF and the Comprehensive Plan. Staff would return to the Council again for more in-depth content discussions in September or October 2023, she said. Council Member Parker and Ms. Mouch discussed how the word "district" was currently being used to mean actual zoning district (i.e., R-1) but that nothing would preclude characterizing areas by their geographic characteristics. Ms. Mouch recommended at least re-titling districts to describe what they are rather than giving them a letter and number, and Council Member Ryan said that doing so would be especially useful for unique areas such as Downtown. The Council confirmed with Ms. Mouch that incentivizing community benefits (perhaps with density bonuses) would be part of the focus. In response to a question from Council, Ms. Mouch said that public outreach would include having a draft document available for comment. Community members and stakeholders would be asked whether the proposed changes would accomplish Town policies and priorities, she said. The Council and Ms. Mouch discussed how the amount of time scheduled for advisory board discussions was probably more than was needed. A Council Member asked why nine more months of public engagement was required, and Ms. McEntyre explained that processes would overlap. Page 10 of 14 Town Council Meeting Minutes - Final February 15, 2023 Those nine months would not be for public engagement alone, she said. In response to a question from Council, Ms. Mouch said that a Council directive regarding park land would be sufficiently incorporated into the development review and requirements. Council Member Searing said that the presentation was making it appear as though the community had agreed to increase density, especially in current single-family neighborhoods, and Ms. Mouch replied that she had not intended to imply community agreement. Where and how density could be incorporated without overburdening certain areas or neighborhoods would need to be discussed and applying an equity lens to that would be a critical component, she said. Council Member Anderson said that the policy conversation regarding density ended when the Council approved an increase as part of the CCF. How to increase density with excellence and fidelity was the current question, she said. Council Member Ryan emphasized the importance of revising the Design Manual and said that streetscape standards were very important. With regard to staff's comments about policy decisions having already been made, the CCF was not yet complete and the Parks Master Plan needed updating, she pointed out. Council Member Anderson said that much of the current policy felt outdated and/or incomplete to her. She would like to give policy guidance or affirmation where necessary and check on assumptions that were being made about policy directives, she said. She pointed out that the Town's Comprehensive Plan was not a recent document. Council Member Parker pointed out that the current budget season was the right time for staff to make sure that it had the resources to accomplish its goals. If there were places where more resources could help speed that process up, staff should make that known fairly soon, he said. Council Member Parker recommended changing the wording regarding "allowing" parks, since the Town should be mandating them. Moreover, much of the documentation on housing choices was not understandable to the average person and needed to be simplified prior to public engagement, he said. Planning Director Britany Waddell replied that making the information digestible to residents was one of staff's primary goals. She said that staff was currently working on the Design Manual and was aware that the CCF needed to be filled out. She pointed out that having alternate community opinions indicated a potential need for nine months of Page 11 of 14 Town Council Meeting Minutes - Final February 15, 2023 community discussion. Staff was trying to ensure a realistic timeframe for public feedback, she said. This item was received as presented. 11. Update on Administering Concept Plan and Conditional Zoning [23-0127] Applications. Assistant Town Manager Mary Jane Nirdlinger presented a proposal to revise how concept plans and conditional zoning applications move through the Town's planning process. The proposal was based on the Council's interested in looking at advisory boards' roles and in providing more predictability, simplicity and clarity, she said. Ms. Nirdlinger pointed out that concept plans currently went before the Community Design Commission (CDC), Stormwater Utility Advisory Board, and sometimes the Housing Advisory Board HAB) before coming to the Council. However, the LUMO required that only the CDC and Council reviewed those plans and staff was proposing to follow that guidance, she said. With regard to conditional zoning applications, the current process included a staff technical review, public information meeting, and then review by the CDC, HAB, Economic Sustainability Advisory Board (ESAB), Transportation and Connectivity Advisory Board (TCAB), and Planning Commission (PC), she said. She pointed out that such extensive advisory board review added months to the process. Ms. Nirdlinger recommended that only the PC review conditional zoning applications. That review would be followed by a public hearing, a recommendation from the Town Manager, and Council action, and would be in keeping with the LUMO, she said. Ms. Nirdlinger did not recommend changing the final plan review process, which included a staff technical review and a CDC review of building elevations and lighting. She pointed out that it was currently a good time to test the proposed changes, since a number of projects were finishing up and new ones were coming in. Council Member Miller-Foushee expressed interest in having the PC fill the CDC's role regarding building elevations and lighting, and Ms. Nirdlinger offered to look at the legal implications of such a text amendment. Council Member Parker proposed exploring whether anyone, but staff needed to review those elements. The Council and Ms. Nirdlinger discussed how staff and applicant time would be saved by the proposed changes, and Ms. Nirdlinger pointed out that applicants often get confusing information from the various boards. Page 12 of 14 Town Council Meeting Minutes - Final February 15, 2023 Council Member Berry confirmed with her that "champions" from other Town boards do attend PC meetings. Council Member Searing said that he had been told that the staff's presentation did not reflect some of the CDC's current role in the process, and Ms. Nirdlinger agreed to look into that. Attorney Ann Anderson commented that the staff presentation did not address the CDC's special authority related to the Town's Blue Hill District. However, that review process was different than what was currently being addressed, she said. The majority of Council Members expressed support for the proposal, and Council Member Huynh asked staff to eliminate more. Several Council Members recommended exploring a text amendment that would allow the PC to take on the CDC's role of approving elevations and lighting. If the Town did not need advisory board feedback, and the LUMO did not require it, then why should it continue, said Council Member Berry. Council Members Ryan, Searing and Anderson said that they supported revising the process but were opposed to the abrupt way that it was being proposed. Council Member Ryan said that the sudden change would be a disservice to hard-working board members and that she questioned taking such a step in the midst of reorganizing the Planning Department. Council Member Anderson said that kicking advisory board members out without having another role for them did not feel like the correct approach. She would like to have a conversation about a more holistic approach to culture change and plan to get there before removing one component of the development review process, she said. Council Member Searing recommended erring on the side of keeping the boards, which he said some viewed as the only way their voices could be heard. He argued that the Town was not being too badly affected by the current process, since there would be a near 25 percent increase in housing units in the next couple of years. Ms. Nirdlinger commented that the Council had given staff much to think about. However, projects were coming in and staff needed to know how to direct them, she pointed out. She said that staff members had been talking with board chairs and vice chairs and had been surprised to learn that more than half of them supported the proposal. This item was received as presented. APPOINTMENTS 12. Appointments to the Planning Commission. [23-0128] The Council appointed Theodore Nollert and Erik Valera to the Planning Commission. Page 13 of 14 Town Council Meeting Minutes - Final February 15, 2023 13. Request To Add Stormwater Management Utility Advisory Board [23-0137] to February 22, 2023 Meeting. Council Member Ryan, liaison to the SMAUB, said that only three members had attended the last meeting and that there were currently four empty board seats. The SMAUB had put two candidates forward last fall and would like the Council to appoint those two in the current month and fill the other two seats in March, she said. This matter was agreed by consensus. ADJOURNMENT The meeting was adjourned at 10:13 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 Paris Miller-Foushee Mayor pro tem Karen Stegman Council Member Michael Parker Council Member Jessica Anderson Council Member Amy Ryan Council Member Camille Berry Council Member Adam Searing Council Member Tai Huynh Wednesday, February 15, 2023 7:00 PM RM 110 | Council Chamber Language Access Statement In-Person Meeting Notification View the Meeting • View and participate in the Council Chamber. • Live stream the meeting - https://chapelhill.legistar.com/Calendar.aspx • View on cable television channel at Chapel Hill Gov-TV (townofchapelhill.org/GovTV) • The Town of Chapel Hill wants to know more about who participates in its programs and processes, including Town Council meetings. • Participate in a voluntary demographic survey before viewing online or in person - https://www.townofchapelhill.org/demosurvey Parking • Parking is available at Town Hall lots and the lot at Stephens Street and Martin Luther King Jr. Boulevard. • See http://www.parkonthehill.com for other public lots on Rosemary Street • Town Hall is served by NS route and T route, and GoTriangle Routes of Chapel Hill Transit. http://www.townofchapelhill.org Page 1 of 4 Printed on 2/10/2023 Town Council Meeting Agenda February 15, 2023 Entry and COVID-19 Protocols • Entrance on the ground floor. • Visitors and employees will self-screen. Do not enter if you have these symptoms: Fever, chills, cough, sore throat, shortness of breath, loss of taste or smell, headache, muscle pain ROLL CALL OPENING ANNOUNCEMENTS BY COUNCIL MEMBERS 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. Cultural Arts Commission Request for Name, [23-0117] Membership and Charge Changes. 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. [23-0118] By adopting the resolution, the Council can approve various resolutions and ordinances all at once without voting on each resolution or ordinance separately. 3. Grant a Paved Walkway Easement and a Natural Gas [23-0119] Utility Easement on Town-owned Property at 130 E Rosemary St (Portion of Parking Lot 2) and Authorize the Town Manager to Execute the Easements. By adopting the resolution, the Council grants a Utility Easement to Public Service Company of North Carolina, Incorporated, dba http://www.townofchapelhill.org Page 2 of 4 Printed on 2/10/2023 Town Council Meeting Agenda February 15, 2023 Dominion Energy North Carolina and the Council grants a paved walkway easement to Franklin Office Chapel Hill, LLC for access to the entrance of the 136 E. Rosemary Street building and authorizes the Town manager to execute both easements at 130 E Rosemary (upper Lot 2). 4. Approve Amending the 2021-2022 HOME Investment [23-0120] Partnership Program Annual Plan. By adopting the resolution, the Council authorizes the HOME-ARP Allocation Plan be added as an amendment to the 2021-2022 HOME Investment Partnership Program Plan to be incorporated into the Annual Update to the 2020-2024 Consolidated Plan, for submission to the U.S. Department of Housing and Urban Development. 5. Approve the Interim Town Manager’s Employment [23-0121] Contract. By adopting the resolution, the Council approves the contract of Interim Manager Christopher C. Blue. 6. Authorize the Mayor to Execute a Contract for the [23-0122] Town Manager Recruitment and Selection Process. By adopting the resolution, the Council authorizes the Mayor to execute a contract on behalf of the Town with POLIHIRE to search for a Town Manager. INFORMATION 7. Receive Upcoming Public Hearing Items and Petition [23-0123] Status List. By accepting the report, the Council acknowledges receipt of the Scheduled Public Hearings and Status of Petitions to Council lists. DISCUSSION 8. Initial Budget Public Forum on the Annual Budget, [23-0124] Capital Program, Use of Grants and Related Items, and Potential Legislative Requests. PRESENTER: Matt Brinkley, Assistant Director, Business Management RECOMMENDATION: That the Council receive comments from the public on the forum; and that the Council refer comments and questions to the Town Manager for consideration in the budget process. 9. Shaping Our Future - Stormwater Regulations Review [23-0125] PRESENTER: Kevin Bigalke, SRF Consulting Group http://www.townofchapelhill.org Page 3 of 4 Printed on 2/10/2023 Town Council Meeting Agenda February 15, 2023 RECOMMENDATION: That the Council receive the presentation and provide feedback. 10. Shaping Our Future - Transit Oriented Development [23-0126] and Land Use Management Ordinance Update. PRESENTER: Allison Mouch, Orion Planning & Design RECOMMENDATION: That the Council receive the presentation and provide feedback. 11. Update on Administering Concept Plan and Conditional [23-0127] Zoning Applications. PRESENTER: Mary Jane Nirdlinger, Deputy Town Manager RECOMMENDATION: That the Council receive the update and share any feedback with staff. APPOINTMENTS 12. Appointments to the Planning Commission. [23-0128] REQUEST FOR CLOSED SESSION TO DISCUSS ECONOMIC DEVELOPMENT, PROPERTY ACQUISITION, PERSONNEL, AND/OR LITIGATION MATTERS http://www.townofchapelhill.org Page 4 of 4 Printed on 2/10/2023

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