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, January 29, 2025 6:00 PM RM 110 | Council Chamber Language Access Statement ** Reissued Items from the canceled Jan. 22, 2025 meeting. 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 later this spring. • 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. Page 1 of 8 Town Council Meeting Minutes - Final January 29, 2025 Entry and Speakers • 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 explained that the agenda included both regular discussion items and items from a work session that had been cancelled earlier in the month. Present: 9 - 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, Council Member Melissa McCullough, and Council Member Elizabeth Sharp OTHER ATTENDEES Interim Town Manager Mary Jane Nirdlinger, Deputy Town Manager Loryn Clark, Town Attorney Ann Anderson, Senior Planner Tas Lagoo, Planning Director Britany Waddell, Zoning Administrator Corey Liles, Affordable Housing Manager Emily Holt, Executive Director for Strategic Communications and Marketing Susan Brown, Affordable Housing and Community Connections Assistant Director Ryan Campbell, Senior Engineer Sue Burke, Public Works Director Lance Norris, Manager of Engineering Infrastructure Chris Roberts, Administrative Analyst Sammy Bauer, and Assistant Town Clerk Brenton Hodge. OPENING 0.01 Proclamation: Black History Month [25-0051] Council Member Miller-Foushee read a proclamation for Black History Month, encouraging everyone to recommit to the principles of justice and liberation as described by Dr. Martin Luther King Jr. It officially proclaimed February 2025 as Black History Month in Chapel Hill and urged the community to celebrate the contributions of African Americans to the Town, nation, and world. 0.02 Mayor Anderson Regarding Black History Events [25-0052] Mayor Anderson announced a Black History Month breakfast at the Hargraves Center on February 9, 2025, co-sponsored by the Town's Parks and Recreation Department, and noted that the Chapel Hill Public Library would offer a wide range of programs throughout the month to celebrate Black history and leaders. Page 2 of 8 Town Council Meeting Minutes - Final January 29, 2025 ANNOUNCEMENTS BY COUNCIL MEMBERS 0.03 Mayor Anderson Regarding Trump Executive Orders [25-0053] Mayor Anderson noted the confusion caused by the numerous executive orders announced by President Donald Trump in the first nine days of his administration, which could potentially impact Chapel Hill. She emphasized that the Town was working with state, federal, and community partners to provide clear information and advocate for all residents. 0.04 Mayor Anderson Regarding Wheels of Wellness Grant [25-0054] Mayor Anderson announced that Chapel Hill won first place and a $125,000 grant from the American Beverage Association to fund Wheels of Wellness, a program that will provide children with bicycle helmets, gear, and bike safety skills. 0.05 Council Member Stegman Regarding Shelter and Outreach [25-0055] During Cold Weather Council Member Stegman thanked Town and County staff and community partners for their efforts during over 40 days of sub-freezing weather, which provided shelter for more than 50 community members in need. 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. 0.06 Barbara Driscoll Regarding Environmental Impacts of [25-0056] Lower Booker Creek Studies and Basin Projects Barbara Driscoll, representing the New Hope Bird Alliance, expressed concerns about the Town's stormwater basin projects. 1. Tom Jensen Request for Townwide Automatic Pedestrian [25-0001] Signals at Crosswalks. Page 3 of 8 Town Council Meeting Minutes - Final January 29, 2025 A motion was made by Mayor pro tem Ryan, seconded by Council Member Nollert, that the Council received and referred the petitions to the Manager and Mayor. The motion carried by the following vote: Aye: 9 - Mayor Anderson, Mayor pro tem Ryan, Council Member Berry, Council Member Miller-Foushee, Council Member Searing, Council Member Stegman, Council Member Nollert, Council Member McCullough, and Council Member Sharp 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 Council Member Berry, seconded by Mayor pro tem Ryan, that R-1 be adopted as amended to add items 3.1 and 3.2, which approved the Consent Agenda. The motion carried by a unanimous vote. 2. Approve all Consent Agenda Items [25-0036] This resolution(s) and/or ordinance(s) was adopted and/or enacted. 3. Approve Chapel Hill Transit’s Title VI Program [25-0037] This resolution(s) and/or ordinance(s) was adopted and/or enacted. 3.1 Call a Public Hearing to Consider a Request to Close a Public [25-0049] Right-of-Way along Huse Street on March 12, 2025 This resolution(s) and/or ordinance(s) was adopted and/or enacted. 3.2 Call a Public Hearing to Consider a Request to Close Portions [25-0050] of the Public Right-of-Way in Cowan Boulevard and White Oak Drive on March 12, 2025 This resolution(s) and/or ordinance(s) was adopted and/or enacted. DISCUSSION 4. Authorize the Town Manager to establish a unified local [25-0038] affordable housing program. Affordable Housing Manager Emily Holt presented a proposal to increase the Town Manager's authority to allocate funds from the Affordable Housing Fund from "up to $100,000 per allocation" to "$400,000 per year." This change would allow staff to respond more quickly to funding needs, while most significant decisions would still require Council approval. Ms. Page 4 of 8 Town Council Meeting Minutes - Final January 29, 2025 Holt emphasized that staff would not have the authority to borrow funds without Council and Local Government Commission approval and that any major policy changes would still come to the Council. Mayor Pro Tem Ryan suggested clarifying the language to ensure that only administrative changes could be made by staff, but Affordable Housing Director Sarah Viñas explained that this would not align with staff's recommendation. Council Member Berry and Council Member Nollert supported the original language, emphasizing the need for flexibility in making timely funding decisions. Town Attorney Ann Anderson proposed a compromise, suggesting that the Town Manager be authorized to "establish, administer, and update the program," which Mayor Pro Tem Ryan agreed to, leading to a motion to accept the revised language. A motion was made by Mayor pro tem Ryan, seconded by Council Member Searing, that the Council adopt R-3 as amended. The motion failed by the following vote: Aye: 2 - Council Member Searing, and Mayor pro tem Ryan Nay: 7 - Mayor Anderson, Council Member Berry, Council Member Miller-Foushee, Council Member Stegman, Council Member Nollert, Council Member McCullough, and Council Member Sharp A motion was made by Council Member Berry, seconded by Council Member Nollert, that the Council adopt R-3 The motion carried by the following vote: Aye: 8 - Mayor Anderson, Council Member Berry, Council Member Miller-Foushee, Council Member Searing, Council Member Stegman, Council Member Nollert, Council Member McCullough, and Council Member Sharp Nay: 1 - Mayor pro tem Ryan 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. 5. Convene an Evidentiary Hearing for a Special Use Permit at 500 [25-0039] Finley Golf Course Road Mayor Anderson explained that the Council was conducting a quasi-judicial Page 5 of 8 Town Council Meeting Minutes - Final January 29, 2025 hearing, requiring decisions to be based on competent material and substantial evidence regarding specific standards. Principal Planner Tas Lagoo presented the project, located at the center of Finley Golf Course on NC 54, southeast of the UNC campus. The project, which involves building an additional training facility, requires a Special Use Permit (SUP) due to the disturbance of over 40,000 square feet of land. Mr. Lagoo outlined the four findings of fact the Council must consider and recommended opening the hearing to receive evidence and consider adopting Resolution 4 to approve the SUP. The applicant requested modifications to regulations, including reducing the required tree canopy coverage from 40 percent to 30 percent, waiving the Type B buffer requirement, reducing parking spaces, and decreasing bicycle parking. Chapel Hill Attorney LeAnn Brown noted that the site was within an existing golf course and introduced the project team. Civil engineer Kody Trowbridge presented the site plan and renderings, explaining that the project would have minimal environmental impact and meet stormwater requirements. Rick Steinbacher, Senior Athletics Director at UNC, emphasized the project's benefits to the public and varsity golf teams, and the Council confirmed details about bicycle parking and the existing training facility's future use. Mayor Pro Tem Ryan inquired about a payment in lieu (PIL) for tree reduction, and Mr. Lagoo explained that staff generally avoids PILs. Ms. Brown concluded by stating that the proposed use was already allowed in the LUMO, and the evidence presented was sufficient for the Council to make the required findings of fact and vote in favor of Resolution-A. A motion was made by Mayor pro tem Ryan, seconded by Council Member Berry, that the Council closed the public hearing. The motion carried by a unanimous vote. A motion was made by Council Member Searing, seconded by Council Member Berry, that the Council adopt R-4. The motion carried by the following vote: Aye: 9 - Mayor Anderson, Mayor pro tem Ryan, Council Member Berry, Council Member Miller-Foushee, Council Member Searing, Council Member Stegman, Council Member Nollert, Council Member McCullough, and Council Member Sharp WORK SESSION ITEMS Due to last week’s inclement weather, the Council will transition to the work session format for the items that were delayed. The work session format is different from our business meetings. Work sessions are a less formal opportunity for the council to dive into specific topics. Council doesn’t Page 6 of 8 Town Council Meeting Minutes - Final January 29, 2025 vote during work sessions and the topics will come back to a formal business meeting for action. 6. **Update on Implementation of Stormwater Master Plan: Flood [25-0016] Storage Projects Director of Public Works Lance Norris and Community Education Coordinator Sammy Bauer provided a PowerPoint update on the Town's Stormwater Master Plan and flood storage projects. Ms. Bauer reviewed the water quantity and quality issues that necessitate stormwater control measures, highlighting examples like bioretention basins and rain gardens. She noted that the 2014 Stormwater Master Plan, developed through a collaborative community process, identified ten goals, including sub-watershed studies and green infrastructure retrofits. The Booker Creek Sub-watershed Study recommended flood storage projects, and while initial projects had faced community concerns over tree removal, staff is now focusing on reducing tree impact and increasing neighborhood engagement. The Council discussed the need for a cost/benefit analysis for future projects, with Council Member McCullough emphasizing the importance of considering ecosystem impacts. Mayor Pro Tem Ryan suggested a broader range of strategies, including public/private partnerships and ecological restoration. Council Member Berry confirmed that the 2014 Master Plan remains the overarching framework, and she supported exploring public/private partnerships. Council Member Nollert requested more detailed data on project costs and impacts. Mayor Anderson emphasized the need for clear data and analyses, suggesting a Townwide plan and addressing staff resource constraints in the upcoming budget discussions. The Council received the update and agreed to further review and data collection before making decisions on specific projects. This item was received as presented. 7. **Rewriting Our Rules - A Land Use Management Ordinance [25-0017] (LUMO) Update Principal Planner Tas Lagoo provided an update on the ongoing process of rewriting the Town's Land Use Management Ordinance (LUMO), focusing on the Inclusionary Zoning Ordinance (IZO). He emphasized the importance of ensuring that the IZO continues to support the Town's affordable housing (AH) strategy and broader housing goals. The IZO currently requires that new developments include affordable units, specifically for "for-sale" projects with five or more units or lots, and serves as a starting point for conditional zoning negotiations for rental projects. Mr. Lagoo outlined two types of proposed changes to the IZO: structural changes to align with the new LUMO and technical changes to streamline administration and improve clarity. One key technical change involves Page 7 of 8 Town Council Meeting Minutes - Final January 29, 2025 shifting the threshold for IZO rules from 5 or more units to 30 units, aligning it with Conditional Zoning thresholds. This change aims to reduce confusion and simplify the process for developers and the public. Additionally, robust incentives for height limits, setbacks, floor area ratio, lot size, and total units allowed by-right would encourage developers to include affordable housing without the need for conditional zoning. Mr. Lagoo also proposed simplifying the calculation of affordability targets from "15 percent of market rate units" to "13 percent of total units," which would yield the same number of affordable units while reducing confusion. The Council unanimously supported these changes, praising the balance between Town priorities and achieving housing goals. Council Member Nollert expressed hope for clear and ambitious guidelines to enable building on small parcels, while Council Member Sharp supported the proposed incentives, provided the Town maintains strong design and landscaping guidelines. Council Member Stegman confirmed that the Downtown area would also change proportionally and suggested simplifying the mix of AH percentages. Mr. Lagoo explained that using "or equivalent" would allow for a more flexible mix of affordability levels, and he agreed to provide a schedule showing the economic impact. Mayor Pro Tem Ryan discussed the definition of "affordability," confirming that it would continue to target people earning 80 percent and 65 percent of the area median income (AMI). This item was received as presented. ADJOURNMENT This meeting was adjourned at 9:36 p.m. Page 8 of 8