MINUTES OF A MEETING HELD BY THE
MAYOR AND COUNCIL OF THE TOWN OF
CHAPEL HILL, MONDAY, APRIL 8, 1991, 7:30 P.M.
Mayor Howes called the meeting to
order. Council Members in attendnace
were Julie Andresen, Joyce Brown, Joe Herzenberg, Nancy Preston, Alan Rimer,
Arthur Werner and Roosevelt Wilkerson.
Council Member James C. Wallace was absent excused. Also in attendance were Assistant to the
Mayor Lisa Price, Town Manager Cal Horton, Assistant Town Managers Sonna
Loewenthal and Florentine Miller, Library Director Kathleen Thompson, Planning
Director Roger Waldon, Assistant to the Attorney Richard Sharpless and Town
Attorney Ralph Karpinos.
Mayor Howes noted that this was an
especially rewarding time of the year due to events such as the simultaneous
blooming of redbuds and dogwoods. Mayor
Howes also noted that the Council would be holding a non-cablecasted budget
work session beginning at 5:30 p.m. on Tuesday, April 9th.
Braydon Craig (?), representing the
Student Environmental Action Committee, requested that the Council reject the
proposed South Loop Road, due its negative impact on student housing and
natural environmental settings.
COUNCIL MEMBER HERZENBERG MOVED,
SECONDED BY COUNCIL MEMBER ANDRESEN, TO REFER THE MATTER TO THE TOWN MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
Minutes of March 18 and 19, 1991
Council Member Herzenberg requested
two modifications in the minutes of March 18th.
COUNCIL MEMBER WERNER MOVED, SECONDED
BY COUNCIL MEMBER PRESTON, TO ADOPT THE MINUTES OF MARCH 18TH AS REVISED. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
COUNCIL MEMBER RIMER MOVED, SECONDED
BY COUNCIL MEMBER WERNER, TO ADOPT THE MINUTES OF MARCH 19TH AS PRESENTED. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
Application for Chapel Hill Public
Library Special Use Permit
Town Manager Horton requested that
agenda materials pertaining to the agenda item be entered into the record of
the hearing. Mayor Howes concurred with
the request.
Planning Director Roger Waldon said
that the Town was acting in the roles of owner and regulator for this
application. Mr. Waldon reviewed site
access alternatives, noting that Alternative A, one point of access to the
site, was recommended to the Council.
Mr. Waldon stated that bus movements into the site under Alternative A
would be possible and flexible. He
added that three pedestrian points of access were proposed to the site. Mr. Waldon also noted that the Town staff
was continuing to work with the Ruth Faison Shaw Committee in the siting of Ms.
Shaw's house. Mr. Waldon said the staff
recommended adoption of Resolution A to the Council.
Ed Hinsdale expressed concern about
access Alternative C, noting that the estimated daily trip generation of 826
trips per day along Michaux Road would likely be quadrupled, if
implemented. Mr. Hinsdale said that
adoption of this alternative would be a gross violation of Section 18.1.1 of
the Development Ordinance, drawing main traffic from a main artery into a
neighborhood. Mr. Hinsdale said that
Alternative C would make it difficult to make finding number one in Resolution
A concerning maintaining or enhancing public safety concerns. Mr. Hinsdale added that Alternative C would
make it necessary to add a fifty to seventy-five space lot on one or more
tree-cleared acres. She urged the
Council to adopt Resolution A.
Council Member Andresen requested
additional information concerning the possible use of turfstone as a form of
paving on the site.
Mr. Gurlitz said that the use of
turfstone had been considered early in the planning and design process. He added that there were several compelling
reasons for not proceeding with this approach, including the expense of the
material and difficulty in installating turfstone on grades. Mr. Gurlitz added that costs of turfstone
far exceeded that of asphalt and that it would be more challenging for Town
staff to maintain. Council Member Rimer
responded that turfstone was being used in some very steep areas, was not that
difficult to maintain, and had a cost differential of only about fifty
percent. Mr. Gurlitz stated that
turfstone was not a major issue in terms of the overall project. Council Member Werner inquired whether
turfstone was a compatible surface for bicycling. Council Member Rimer said it was, noting that he rode on
turfstone surfaces on a regular basis.
Council Member Andresen emphasized the need to design parking lots so
that bicyclists could traverse them without having to dismount. Mr. Waldon added the need to assure that
turfstone would withstand the weight of emergency vehicles.
Council Member Werner noted that a
portion of the site had been acquired with parks and recreation money. He noted the need for future parkland
development at the site. Mr. Horton
responded that the overall site plan called for some walking and nature trails
and an interpretive center on the site.
He stated that efforts would be made to disturb a minimal amount of land
on the site. Mayor Howes said the two
primary emphases of the site were a passive park and library. Council Member Werner suggested possible
investigation of additional park development.
Mr. Horton said that a gift of $100,000 from the Pritchard family was
available for possible further development of the park facility.
Council Member Brown inquired about
the status of a site for the Ruth Faison Shaw house. Mr. Horton said the Ruth Faison Shaw Committee was continuing to
investigate alternative sites, including one at the corner of the Pritchard
property, near the service station. He
noted that this resiting would require a future special use permit
modification.
Council Member Rimer inquired why
proposed condition 4c required curb and guttering on the upper part of the
library entrance drive. Mr. Gurlitz
responded that the driveway would be contoured and graded, with storm water
concentrated where necessary. Mr.
Horton added that contours would be set to have water flow down the guttered
side of the driveway. Council Member
Rimer asked why guttering was proposed for the uphill side of the drive. Mr. Gurlitz responded that the drive would
be crowned at two percent, associating the curb with the sidewalk. Council Member Rimer suggested that swing
sets and a playground might be offered as an alternative future use on the
site.
Acting in the capacity of owner, Town
Manager Horton expressed the Town's acceptance of the proposed conditions of
approval, outlined in Resolution A.
COUNCIL MEMBER PRESTON MOVED,
SECONDED BY COUNCIL MEMBER RIMER, TO ADJOURN THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY
(8-0).
Council Member Preston inquired
whether the paving of a pedestrianway through Sherwood Colony was the only
difference between Resolutions A and B.
Mr. Horton said this was correct.
Council Member Preston inquired why
it would be better to pave the pedestrianway.
Mr. Horton responded that this would make the trail more accessible in
all weather conditions and generally make walking in the area easier.
COUNCIL MEMBER PRESTON MOVED THAT
CONDITION NUMBER EIGHT BE MODIFIED TO PROVIDE AN ACCESS DRIVE OFF VELMA ROAD,
WITH TWO TWELVE FOOT TRAVEL LANES AND NO CURB AND GUTTERING, LEADING INTO A
PARKING LOT.
Council Member Preston reiterated
that the mitigation of traffic on Estes Drive and Franklin Street was a very
important consideration. She also
stressed the need for a second point of access to the site. Council Member Preston stated that Velma
Drive was less steep and curvy than Michaux Road, with a very gentle grade.
COUNCIL MEMBER RIMER SECONDED THE
MOTION.
Council Member Herzenberg commended
Council Member Preston for her consistency, noting that he shared her
curiousity and interest pursuing this option, but had found it to be
infeasible. He said that the net
difference on traffic diverted would be only three percent. Council Member Herzenberg said the alternate
proposal would have greater worthiness if more traffic were diverted.
Council Member Brown expressed
appreciation in Council Member Preston's interest in the alternative. She noted that there were a number of
outstanding traffic concerns raised by the Transportation Board which merited
additional study by the Town.
Council Member Andresen expressed
concern about the need for parking for neighborhood residents along Velma Road
under Council Member Preston's proposed modification. Council Member Andresen said that the intersection of Velma and
Elliott Roads was a difficult one. She
added that there was no good argument for adding additional traffic in the
Coker Hills neighborhood. Council
Member Werner noted that traffic approaching the site from the north would find
the proposed Velma Road alternative an attractive one. Council Member Preston said it was possible
to design the road so that it would not favor this approach. Mayor Howes noted that future Councils could
amend the special use permit to address additional parking needs as they arose
in the future. Mayor Howes added that the
Library Committee felt that the subject site was centrally located and offered
good access to the Town's transit system.
COUNCIL MEMBER WILKERSON CALLED THE
PREVIOUS QUESTION. COUNCIL MEMBER
HERZENBERG MOVED THAT THE MANAGER'S ORIGINAL RECOMMENDATION BE RESTORED WITHOUT
COUNCIL MEMBER PRESTON'S PROPOSED AMENDMENT.
COUNCIL MEMBER WILKERSON SECONDED THE MOTION.
Mayor Howes noted that a
"no" vote would preserve the motion as proposed by Council Member
Preston.
THE MOTION FAILED BY A VOTE OF 7-1,
WITH COUNCIL MEMBER PRESTON VOTING NO.
COUNCIL MEMBER ANDRESEN MOVED,
SECONDED BY COUNCIL MEMBER RIMER, TO AMEND CONDITION NUMBER EIGHT CONCERNING
TURFSTONE AS AN ALTERNATIVE PAVING MATERIAL.
Town Manager Horton indicated that
the staff could provide a range of paving alternatives to the Council in the
future. Mr. Horton noted that the
estimated cost of an asphalt driveway was $25,000, while a turfstone drive
would cost fifty to two hundred percent more.
Mayor Howes said this appeared to be a fair way to proceed. Council Member Rimer said he would be happy
to assist in research of alternative materials. Council Member Rimer also inquired about the substitution of
language in condition number 4c. Mr.
Horton said that alternative language had been drafted based on discussions
earlier in the evening.
COUNCIL MEMBER PRESTON MOVED,
SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADOPT RESOLUTION A, INCLUDING
MODIFICATIONS TO CONDITIONS 4C AND 8.
THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
Town Manager Horton said the recommended
budget ordinances involved a total budget of $5.55 million. He briefly reviewed recommended funding
sources, adding that adoption of the proposed budget ordinances was
recommended. Council Member Herzenberg
inquired about the cost of the access easement through Sherwood Colony. Assistant Town Manager Loewenthal responded
that there had been no cost.
COUNCIL MEMBER HERZENBERG MOVED,
SECONDED BY COUNCIL MEMBER PRESTON, TO ADOPT ORDINANCE 1. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
COUNCIL MEMBER WILKERSON MOVED,
SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT ORDINANCE 2. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
Town Manager Horton conveyed his
public thanks to Library Director Kathleen Thompson for her efforts to date on
the library special use permit and building program. Speaking as Chairperson of the Library Committee, Mayor Howes
said he looked forward to the ground breaking and ribbon-cutting for the new
library facility. Mayor Howes noted
that Library Committee member Ed Hinsdale and Library Board of Trustee member
Lisa Price were in attendance at this evening's meeting.
Transportation Improvements Program
Town Manager Horton said that the
public hearing on this matter, a new step in this year's process, had been very
helpful. Mr. Waldon briefly reviewed
adjustments made in response to comments at the public hearing. He noted that
improvements to Erwin and Dobbins Road were recommended for inclusion, while
U.S. 15-501 South was recommended for removal.
Mr. Waldon noted that bikeway priorities had been adjusted in response
to comments by the Transportation Board.
Mr. Waldon said that adoption of Resolutions A and B were recommended to
the Council.
Mayor Howes said he had received a
call earlier in the day concerning Laurel Hill Parkway. Mayor Howes noted that Laurel Hill Parkway
was included in the Transportation Plan, but was in the Thoroughfare Plan. He added that the Council intended to remove
Laurel Hill Parkway from the Thoroughfare Plan in the future.
Council Member Werner suggested that
priorities for bikeways be adjusted for safety considerations. He noted that Erwin Road and Pope Road were
particularly to traverse on bicycles at present.
COUNCIL MEMBER WERNER MOVED, SECONDED
BY COUNCIL MEMBER PRESTON, TO ADOPT RESOLUTION 2A. THE MOTION WAS ADOPTED UNANIMOUSLY
(8-0).
COUNCIL MEMBER WERNER MOVED, SECONDED
BY COUNCIL MEMBER ANDRESEN, TO ADOPT RESOLUTION 2B, REPRIORITIZING BIKEWAY
PRIORITIES.
Council Member Brown inquired about
the chances for funding of individual projects. Mayor Howes said the chances were quite slight. Council Member Brown expressed concern about
reaching an impasse with Department of Transportation officials about
improvements to South Columbia Street.
Mr. Horton noted that approximately $100,000 in contingency funds was
available for possible improvements to South Columbia Street. Council Member Brown noted that there had
been some negative public comment about the proposed extension of Weaver Dairy
Road. Council Member Rimer noted that a
major subdivision was relying on the proposed extension of Weaver Dairy Road.
Council Member Andresen requested
clarification of proposed improvements at Raleigh and Country Club Roads, and
turn storage at Franklin and Boundary Streets.
Transportation Planner David Bonk briefly reviewed the two project
proposals. Council Member Andresen
asked whether stone walls would need to be removed along Raleigh Road. Mr. Bonk said no. Council Member Andresen asked whether it would be necessary to
remove parking spaces at Raleigh and Country Club Roads. Mr. Bonk said yes.
Council Member Herzenberg inquired
when the Thoroughfare Plan would return for Council consideration. Mr. Horton stated that Durham City and
County would make a recommendation on the former Laurel Hill Parkway in May,
with the thoroughfare plan returning to the Council sometime thereafter.
THE MOTION, RESOLUTION 2B, AS AMENDED,
WAS PLACED ON THE FLOOR AND ADOPTED UNANIMOUSLY (8-0).
Transit Issues
COUNCIL MEMBER BROWN MOVED, SECONDED
BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 3. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
Council Member Brown said that
resolution 4 requested that the State of North Carolina use more funds for mass
transportation and greater transit funding flexibility for local
governments.
COUNCIL MEMBER BROWN MOVED, SECONDED
BY COUNCIL MEMBER PRESTON, TO ADOPT RESOLUTION 4. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
Council Member Brown said that
Resolution 5 requested the guidance of the Transportation Board in identifying
traffic reduction techniques.
COUNCIL MEMBER BROWN MOVED, SECONDED
BY COUNCIL MEMBER PRESTON, TO ADOPT RESOLUTION 5. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
New Revenue Proposals
Council Member Andresen said that
luxury items were a good place to start raising tax rates. She noted that
members of the local legislative delegation were examining a package of new
revenue proposals. Council Member
Andresen said that Representative James' proposal on sales taxes would be
attractive to the Town. She added that
a menu of local option taxes were under consideration by the General Assembly. Council Member Andresen stated that higher
luxury taxes would have a minimal impact on the State's projected $800 million
shortfall.
COUNCIL MEMBER ANDRESEN MOVED
REFERRAL OF THE MATTER TO THE TOWN MANAGER, TO BROADEN THE PROPOSAL SUPPORTING
THE BUDGETARY EFFORTS OF THE LOCAL LEGISLATIVE DELEGATION.
Mayor Howes said Council Member
Andresen's revised motion was a good suggestion. He also suggested that the Council and local legislative
delegation work jointly to further mutual objectives.
Council Member Andresen stated that
North Carolina League of Municipalities Director David Reynolds had indicated
that a broad resolution of support would be well-received by the
delegation.
Council Member Rimer said that
citizens were more likely to favor raising taxes, rather than reducing
education levels and services. He added
that the raising of some taxes was not as onerous as it appeared. Council Member Preston said she supported
Council Member Andresen's motion. She
also noted that the legislature was dealing with many issues. Council Member Preston also stressed the
importance of giving extra encouragement to the members of the local
legislative delegation.
COUNCIL MEMBER HERZENBERG SECONDED
THE MOTION AS PRESENTED. THE MOTION WAS
ADOPTED UNANIMOUSLY (8-0).
Triangle J Status Report
Council Member Rimer reported that
the Triangle J Council of Government was considering the appointment of a
school board member as a non-voting member of the board of delegates. He also noted that a follow-up conference to
the world class regional conference would be held in the Fall of 1993, if the
Council of Governments were able to raise adequate funds for the event. Council Member Rimer noted that Senate Bill
111 would require that communities recycle twenty-five percent by 1993. He emphasized the need for State officials
to understand the components of individual's communities' waste streams. Council Member Rimer stated that a meeting
stressing the importance of the bill would be held at the Town Hall on April 22nd.
Phi Kappa Sigma Fraternity Special
Use Permit Request
Town Manager Horton requested that
agenda materials for the item be entered into the record of the hearing. Mayor Howes concurred with the request. Mr. Waldon said that the proposal was a good
one and that approval of the special use permit was recommended to the
Council. Mr. Waldon said that the
proposed development of the site would create a number of non-conforming
features, including floor area and open space ratios and parking requirements. Mr. Waldon stated that the modifications
were recommended, since they would fulfill a significant public purpose in the
reuse of an existing structure. The
applicant's representative expressed concurrence with the proposed conditions
of approval.
COUNCIL MEMBER HERZENBERG MOVED,
SECONDED BY COUNCIL MEMBER PRESTON, TO CLOSE THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
COUNCIL MEMBER RIMER MOVED, SECONDED
BY COUNCIL MEMBER ANDRESEN, TO ADOPT RESOLUTION 7A. THE MOTION WAS ADOPTED UNANIMOUSLY
(8-0).
Lambda Chi Alpha Special Use
Permit Modification
Town Manager Horton requested that
agenda materials for the item be entered into the record of the hearing. Mayor Howes concurred with the request. Mr. Waldon said the request for an extension
was reasonable and approval of the modification was recommended.
COUNCIL MEMBER HERZENBERG MOVED,
SECONDED BY COUNCIL MEMBER PRESTON, TO ADJOURN THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
COUNCIL MEMBER PRESTON MOVED,
SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT RESOLUTION 8A. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
Howell Offices Special Use Permit
Modification
Town Manager Horton requested the
inclusion of agenda materials in the record of the hearing. Mayor Howes concurred with the request.
Mr. Waldon said that the Manger's
recommendation had been modified to provide greater flexibility in project
completion dates. He stated that the
revised extension period was twenty-four months.
The applicant agreed to the proposed
conditions of approval.
COUNCIL MEMBER RIMER MOVED, SECONDED
BY COUNCIL MEMBER HERZENBERG, TO CLOSE THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
COUNCIL MEMBER PRESTON MOVED,
SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADOPT RESOLUTION 9A. THE MOTION WAS ADOPTED UNANIMOUSLY
(8-0).
Council Member Rimer inquired about
the possibility of administrative approval of straightforward special use
permit modifications. Mr. Horton said
that the Town staff would report back to the Council on several proposed
development ordinance text amendments in the fall.
Appointment to Design Review Board
COUNCIL MEMBER PRESTON MOVED,
SECONDED BY COUNCIL MEMBER HERZENBERG, TO APPOINT ROBERT STIPE TO THE DESIGN
REVIEW BOARD BY ACCLAMATION. THE MOTION
WAS ADOPTED UNANIMOUSLY (8-0).
Consent Agenda
Town Manager Horton requested that
item e, a petition from James Woodley, expressing concerns about North Graham
Street, be added to the consent agenda.
The Council concurred with the request.
COUNCIL MEMBER HERZENBERG MOVED,
SECONDED BY COUNCIL MEMBER PRESTON, TO ADOPT THE CONSENT AGENDA, WITH THE
ADDITION OF ITEM E. THE MOTION WAS
ADOPTED UNANIMOUSLY (8-0).
COUNCIL MEMBER HERZENBERG MOVED,
SECONDED BY COUNCIL MEMBER PRESTON, TO ADJOURN THE REGULAR MEETING AND MOVE
INTO EXECUTIVE SESSION TO DISCUSS LITIGATION MATTERS. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
No report followed the Executive
Session.
The meeting concluded at 9:12 p.m.