Town Council

Town Hall TOWN OF CHAPEL HILL 405 Martin Luther King Jr. Boulevard Town Council Chapel Hill, NC 27514 Meeting Minutes - Final Mayor Jessica Anderson Council Member Theodore Nollert Mayor pro tem Amy Ryan Council Member Adam Searing Council Member Camille Berry Council Member Elizabeth Sharp Council Member Melissa McCullough Council Member Karen Stegman Council Member Paris Miller-Foushee Wednesday, April 17, 2024 6:00 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 • Spectrum is replacing 1998 encoder that transmits programming to cable channel 18. It remains offline until complete. • 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 Speakers Page 1 of 9 Town Council Meeting Minutes - Final April 17, 2024 • Entrance on the ground floor. • Sign up at the meeting starting at 5:30 PM with the Town Clerk to speak. • If more than 14 people sign up for an item, Council will reduce speaking time from 3 minutes to 2 min./person. • Please do not bring signs. ROLL CALL Mayor Jessica Anderson called the meeting to order at 6:00 p.m. and reviewed the agenda. She said that Council Member Sharp was away on travel. Present: 8 - Mayor Jessica Anderson, Mayor pro tem Amy Ryan, Council Member Camille Berry, Council Member Paris Miller-Foushee, Council Member Adam Searing, Council Member Karen Stegman, Council Member Theodore Nollert, and Council Member Melissa McCullough Absent: 1 - Council Member Elizabeth Sharp OTHER ATTENDEES Town Manager Chris Blue, Deputy Town Manager Mary Jane Nirdlinger, Deputy Town Manager Loryn Clark, Town Attorney Ann Anderson, Affordable Housing and Community Connections Director Sarah Viñas, Planning Director Britany Waddell, Planning Manager Corey Liles, Planner II Jacob Hunt, Senior Planner Katherine Shor, Principal Planner - Land Use Tas Lagoo, Police Officer Shawn Osborne, Deputy Town Clerk Amy Harvey, and Assistant Town Clerk Brenton Hodge. OPENING 0.01 Proclamation: Black Maternal Health Week. [24-0214] Council Member Berry read a proclamation that declared the week of April 11-17, 2024, to be Black Maternal Health Week in Chapel Hill. The proclamation pointed out that maternal healthcare was a fundamental right but that disparities in the system were impacting Black women. Black Maternal Health Week was aimed at raising awareness about the consequences of such systemic discrimination, the proclamation said. ANNOUNCEMENTS BY COUNCIL MEMBERS 0.02 Mayor Anderson Regarding Traffic Alert This Saturday - [24-0215] Tar Heel Ten-Miler. Mayor Anderson said that the Tar Heel 10-mile race would take place in Downtown Chapel Hill from 7:00 to 10:00 a.m. on Saturday, April 20th. Raleigh Road would be closed, beginning at 5:00 a.m., she said. 0.03 Mayor Anderson Thank You To All Who Participated in [24-0216] Downtown Community Walks or Pop-Up Events. Mayor Anderson thanked all who had participated in recent Downtown Page 2 of 9 Town Council Meeting Minutes - Final April 17, 2024 events. She encouraged residents to share additional ideas and to check the Town website for related information. 0.04 Mayor Anderson Regarding next Council Meeting. [24-0217] Mayor Anderson said that the next Regular Council Meeting would be held on April 24, 2024, and she read the agenda. She pointed out that the Council also had an additional April 26th work session regarding a potential bond referendum. 0.05 Mayor Anderson Regarding Council Member McCullough's [24-0218] Birthday. The Mayor and Council wished Council Member McCullough at happy upcoming birthday. 0.06 Council Member Miller-Foushee Regarding Northside [24-0219] Festival at the Jackson Center. Council Member Miller-Foushee said that everyone was invited to a community festival at the Marian Cheek Jackson Center from 12:30-3:00 p.m. on April 27, 2024. Activities would include live entertainment, games, dancing in the street, and more, 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. 0.07 Erin Riney Requests Resources For Affordable Housing. [24-0220] Erin Riney, executive director of Porch, a local food assistance program, asked the Council to allocate considerable resources for affordable housing. She said that 68 percent of Porch's food recipients cited increased rent as the primary cause of their inability to afford food. This item was received as presented. 0.08 Elizabeth Steinberger and Clarence Andrews Requests [24-0221] Help with Flash Floods. Page 3 of 9 Town Council Meeting Minutes - Final April 17, 2024 Elizabeth Steinberger, Hamlin Park Homeowners Association secretary, gave a short PowerPoint presentation that illustrated a problem with flash flooding in her neighborhood, and she asked the Council to address that. Clarence Andrews described an alternative catch basin that would better address that flooding problem. This item was received as presented. 0.09 Robert Dowling Requests Council Move Forward with HAB [24-0222] Recommendations. Robert Dowling, Housing Advisory Board chair, said that the Board had voted unanimously in favor of a 2024 bond referendum for $20 million for affordable housing. He acknowledged that the Town had many priorities and insufficient resources but pointed out that housing costs had escalated sharply in recent years. The need for affordable housing was greater than ever, he said. This item was received as presented. 0.10 Meredith Carter Requests Increase Pay and Support for [24-0223] TOCH Fire Fighters. Meredith Carter, a Chapel Hill resident who works as a fire-fighter in a neighboring town, described Chapel Hill's inadequate fire-fighting equipment and said that the pay was non-competitive when compared to surrounding jurisdictions. This item was received as presented. 0.11 Jackie Jenks Requests Bonds for Affordable Housing. [24-0224] Jackie Jenks, president and CEO of the InterFaith Council for Social Services, reacted to a recent work session during which some Council Members had said they felt rushed to make a decision regarding a 2024 bond referendum for affordable housing. That request had not been rushed, she said, adding that most Council Members had already approved an Affordable Housing Plan that described the need for a $50 million bond for in 2024. She said that staff's proposal for $10 million would be insufficient. Council Members needed the political will to proceed with the commitments that they had made during their campaigns, she said. This item was received as presented. 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 9 Town Council Meeting Minutes - Final April 17, 2024 A motion was made by Mayor pro tem Ryan, seconded by Council Member Miller-Foushee, that R-1 be adopted, which approved the Consent Agenda. The motion carried by a unanimous vote. 1. Approve all Consent Agenda Items. [24-0183] This resolution(s) and/or ordinance(s) was adopted and/or enacted. 2. Approve the Miscellaneous Budget Ordinance Amendment to [24-0184] Adjust Various Fund Budgets for FY 2023-24. This resolution(s) and/or ordinance(s) was adopted and/or enacted. 3. Amend the Budget to Adjust the Stormwater Enterprise Fund [24-0185] This resolution(s) and/or ordinance(s) was adopted and/or enacted. 4. Award a Contract for Fiscal Year 2023-24 Audit Services [24-0186] This resolution(s) and/or ordinance(s) was adopted and/or enacted. 5. Authorize the Sale of Personal Property by Public Auction. [24-0187] This resolution(s) and/or ordinance(s) was adopted and/or enacted. 6. Authorize a Change by up to 10 Percent Over the Original [24-0188] Construction Contract Amount with Salisbury and Moore Construction, Inc for the Hargraves Park Tennis Courts Resurfacing Project. This resolution(s) and/or ordinance(s) was adopted and/or enacted. 7. Authorize the Town Manager to Negotiate and Execute a [24-0189] Construction Contract for the Homestead Aquatic Center HVAC Renovations Project. This resolution(s) and/or ordinance(s) was adopted and/or enacted. 8. Authorize the Town Manager to Negotiate and Execute a [24-0190] Sole-Source Contract to Purchase and Install Pool Liner Membrane System for AD Clark Outdoor Pool. This resolution(s) and/or ordinance(s) was adopted and/or enacted. 9. Authorize Town Manager to Apply for Energy Efficiency and [24-0191] Conservation Block Grant Funding to Support a Free Pilot E-Bikeshare Program. This resolution(s) and/or ordinance(s) was adopted and/or enacted. Page 5 of 9 Town Council Meeting Minutes - Final April 17, 2024 10. Authorize the Manager to Execute an Easement on Town [24-0192] Property Located at 125 East Rosemary Street with Duke Energy to Provide Permanent Electrical Power to the Town’s Parking Deck. A motion was made by Mayor pro tem Ryan, seconded by Council Member Miller-Foushee that the Council adopt. The motion carried by a unanimous vote. 11. Authorize the Manager to Execute an Easement on Town [24-0193] Property Located at 1483 Martin Luther King Jr. Boulevard with Duke Energy to Provide Permanent Electrical Power to a Town Bus Shelter. A motion was made by Mayor pro tem Ryan, seconded by Council Member Miller-Foushee, that the Council adopt. The motion carried by a unanimous vote. DISCUSSION ZONING ATLAS AMENDMENT(S) Zoning Atlas Amendment: The Zoning Atlas Amendment, to change the zoning designation on this property, is Legislative. The Council receives and considers public comment on the merits of the proposed rezoning, including opinions, when making Legislative decisions. 12. Close the Legislative Hearing and Consider a Conditional [24-0194] Zoning Modification for Aura Chapel Hill Lighting. Planner II Jacob Hunt said that there had been no changes to a request for lighting modifications at Aura Chapel Hill since the Council last heard it on March 20, 2024. He recommended that the Council close the legislative hearing and consider adopting Resolution A and enacting Ordinance A, for approval. Council Member Berry verified with Mr. Hunt that the requested change was for downward facing lighting that would not affect Town rules regarding dark skies. A motion was made by Council Member Stegman, seconded by Council Member Miller-Foushee, that the Council closed the public hearing. The motion carried by a unanimous vote. A motion was made by Council Member Stegman, seconded by Council Member Miller-Foushee, that the Council adopted R-10. The motion carried by a unanimous vote. Page 6 of 9 Town Council Meeting Minutes - Final April 17, 2024 A motion was made by Council Member Stegman, seconded by Council Member Miller-Foushee, that the Council enacted O-8 with consent letter. The motion carried by a unanimous vote. 13. Open and Close the Legislative Hearing and Consider a [24-0195] Community Priority Conditional Zoning Application for Longleaf Trace at 1708 and 1712 Legion Road. Dustin Mills, president of Taft Mills Group, gave a PowerPoint overview of an application to develop Longleaf Trace, a 48-unit Affordable housing (AH) project on Legion Road that would be designed for residents who are 55 and older. He provided background on his company, which develops AH for residents whose incomes were 60 percent of Orange County's area median income and financed that through the Low-Income Housing Tax Credit (LIHTC) program. He reminded Council Members that Taft Mills had partnered with Community Home Trust to develop Tanyard Branch Trace and said that they intended to do so with Longleaf Trace as well. Mr. Mills pointed out that the 3.24-acre site was immediately adjacent to a Town-owned property on Legion Road that would also be developed for AH. The location was an active, walkable area near grocery stores, public transportation and Legion Road park, he pointed out. He described plans for a compactly designed, three-story residential building that would include a workout facility, business centers, reading areas, a centralized activity center, walking trails, and more. Mr. Mills said that nearby Turnberry Lane residents had been generally supportive of the project and that Taft Mills intended to present them with options to address their concerns. He requested two minor modifications to regulations that pertained to a proposed slow-velocity stormwater system. He showed pictures of other Taft Mills projects and said that Taft Mills would confer with developer DHIC regarding uses that would complement the Town's AH parcel. Senior Planner Katherine Shor stated that the proposed plan was consistent with the Town's Comprehensive Plan and its Complete Community goals. She said that staff recommended approval of the rezoning to Residential-Community Priority-Conditional Zoning District, which was intended to streamline the review of projects with 25 percent or more AH. She reported that the Planning Commission had unanimously recommended approval, and she recommended that the Council open and close the legislative hearing and consider adopting Resolution 12 and amended Ordinance 9. Mayor pro tem Ryan asked why the applicant had chosen an age-restricted plan, and Mr. Mills explained that the footprint was smaller than family targeted developments require. Moreover, the proximity to amenities Page 7 of 9 Town Council Meeting Minutes - Final April 17, 2024 made it ideal for the 55+ age group, which market studies had shown to have tremendous need, he said. Mayor pro tem Ryan questioned the parking plan and proposed bringing the building closer to the street, and Council Member Berry agreed with the need for a more interesting and engaging building façade. Mr. Mills replied that those elements of the plan had not been pinned down yet and that he would work with Town staff to consider such changes. Council Member Searing suggested that the Town consider improving stormwater drainage near Hamlin Park when properties were being developed in the area. He proposed figuring out a way to move water under the road, and Ms. Shor replied that anticipated infrastructure improvements should help to manage the intensity of water levels during storms. In addition, plans to update the LUMO to incorporate the 100-year storm as a standard for all new development projects would be very meaningful for mitigating stormwater impacts in the future, Ms. Shor said. The Mayor and Council thanked Taft Mills and Community Home Trust for their continued partnership that was bringing AH projects to Town. Mayor Anderson commented on how 100 percent AH was a "big deal" for the Town. She thanked the applicant for working with neighbors -- and for meeting the 100-year stormwater standard even though it was not yet law. Council Member Berry and Mr. Mills discussed multiple factors that lead to the need for a single point of ingress/egress. She confirmed with him that the building would have one centrally located elevator and that e-bike charging stations were part of the plan. She ascertained from staff that Town engineers were still determining the status of the Legion Pond and would provide an update soon. Mayor Anderson asked about the potential for stormwater improvements in the general area, and the applicant pointed out that adhering to the 100-year standard would mean a slower release of water from lower-level storms as well. Toni James-Manus, a Turnberry Lane resident, said that she and others hoped that a proposed 10-foot buffer would be expanded. The applicant had indicated a willingness to work with neighbors on that, she said, and she asked that they maintain that commitment. Mark Calloway, a property owner at The Meadows, proposed including an apartment for local law enforcement on the property, and he made recommendations regarding the stormwater system as well. He confirmed with Mr. Mills that LIHTC financing would require that the age restriction Page 8 of 9 Town Council Meeting Minutes - Final April 17, 2024 be maintained for 30 years. Council Members encouraged the applicant to continue working with neighbors. Council Member McCullough said that she liked the realistic parking numbers and appreciated the e-bike chargers. The Council pointed out that addressing flooding was a high community priority, and Council Member Berry urged the applicant to continuing conversations with developer DHIC regarding a team approach to stormwater in the area. Council Members said that the project checked all of the boxes and was helping the Town meet its equity and affordability goals. Some pointed out that the intent of Community Priority Conditional Zoning had been to hasten the completion of just such a project. The Council thanked the developer for addressing the growing need for AH and they agreed that an increasing number of seniors were becoming housing insecure. A motion was made by Council Member Berry, seconded by Council Member Nollert, that the Council closed the public hearing. The motion carried by a unanimous vote. A motion was made by Mayor pro tem Ryan, seconded by Council Member Berry, that the Council adopted R-12. The motion carried by a unanimous vote. A motion was made by Mayor pro tem Ryan, seconded by Council Member Nollert, that the Council enacted to O-9 as amended, with consent letter. The motion carried by a unanimous vote. ADJOURNMENT This meeting was adjourned at 7:27 p.m. Page 9 of 9