SUMMARY MINUTES OF A REGULAR
BUSINESS MEETING
OF THE CHAPEL HILL TOWN COUNCIL
MONDAY, MAY 24, 1999 AT 7:00 P.M.
Mayor Rosemary Waldorf called the meeting to order at 7:00 p.m.
Council Members present were Flicka Bateman, Joyce Brown, Joe Capowski, Pat Evans, Kevin Foy, Julie McClintock, Lee Pavăo, and Edith Wiggins.
Staff members present were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Town Attorney Ralph Karpinos, Assistant to the Manager Ruffin Hall, Planning Director Roger Waldon, Engineering Director George Small, Public Works Director Bruce Heflin, Public Works Internal Services Superintendent Bill Terry, Parks and Recreation Director Kathryn Spatz, Library Director Kathy Thompson, Urban Forester Curtis Brooks, Executive Secretary Carol Abernethy, and Acting Clerk Toni Pendergraph.
Item 1 – Presentation of Contribution to the Town from the UNC Recreation Society
Holly Jenkins presented a check for $800 to the Town from the UNC Recreation Society, which had been raised by a fundraiser called “March for Parks,” and dedicated to the Bolin Creek Greenway. Mayor Waldorf expressed the Council’s thanks.
Mayor Waldorf welcomed a delegation of local and regional government officials from Bulgaria, who were visiting North Carolina as guests of the Research Triangle Institute.
Item 2 – Public Hearings
(none)
Item 3 – Petitions by Citizens and Announcements by Council Members
a. Petitions by Citizens
1. By Jon Mauney of the Triangle Electric
Auto Association, regarding Electric Vehicle Education Day
MAYOR PRO TEM CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER FOY, TO REFER THE PETITION TO THE MANAGER, TO DUKE ENERGY CORPORATION, AND THE DOWNTOWN COMMISSION. COUNCIL MEMBER BROWN ADDED THE TOWN’S ENERGY COMMISSION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
2.
By Paul Caldwell
Paul Caldwell addressed the
Council regarding his application for membership on the Town Planning Board and
requested that his name be withdrawn from consideration due to the recent
controversy regarding appointment of members to the Planning Board. He said
that he had
listened to the advice of several people, including his brother, Carrboro
Alderman Hilliard Caldwell, and decided to withdraw at this time, but would
like to be considered for an appointment to the Planning Board at a later date.
Mayor Waldorf thanked Mr. Caldwell for coming and for his continued interest in the Planning Board.
3.
By Margaret Heath
Margaret Heath petitioned the Council for the Town’s assistance regarding erosion and several other problems, which the petitioners felt were caused by the development of duplexes on Jay Street near Village West. She said that they were concerned about: potential destruction of buffering trees; threat of runoff, sedimentation, erosion and flooding downstream; harmful impact upon the Resource Conservation District; increased traffic and parking; and whether proposed changes in the street locations or new streets might give the Council the authority to impose limitations or requirements on the proposed project. Ms. Heath reported that she had received helpful suggestions from the Town staff.
Mr. Horton said that he knew the developer had been served notice of violations. He said the lots had been approved well before the recent ordinances were applied. Mr. Horton said that he would bring a full report to the Council, noting options available.
MAYOR PRO TEM CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO REFER THE PETITION TO THE MANAGER, AND FOR THE MANAGER TO BRING BACK A FULL REPORT OF THE AUTOMOBILE AND PARKING ISSUES REGARDING THE DUPLEXES. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
4.
By William Bonin
Mr. Bonin asked the Council to maintain the Merritt Pasture as a leash-free area for dogs. He said that it met all the criteria for a leash-free ordinance.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER BATEMAN, TO RECEIVE AND REFER THE PETITION TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
5.
By Amy Otteni
Ms. Otteni said that she agreed with Mr. Bonin that the Merritt Pasture was a perfect place for unleashed dogs and a place that could also be enjoyed by dog owners to get acquainted with each other. She asked the Council to make the Merritt Pasture leash-free.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO RECEIVE AND REFER THE PETITION TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Council Member Brown asked if signs had been erected reminding dog owners to clean up after their dogs. Kathryn Spatz, Director of Parks and Recreation, said that she would look into the question and report back to Council.
6.
By Bill Thorpe
Mr. Thorpe said he was concerned that minority candidates for boards and commissions were not being appointed by the Council. He said that the Council should set an example and lead in this matter.
Mayor pro tem Capowski removed 4f.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO ADOPT RESOLUTION 1, EXCLUDING ITEM 4f. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
(99-5-24/R-1)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the following resolutions and ordinances as submitted by the Town Manager in regard to the following:
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a. |
Minutes of March 22, 30, April 12, 15, and 19, 1999. |
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b. |
Ordinance adopting on-street parking restrictions along a portion of Conner Drive. (O-1). |
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c. |
Resolution amending the Joint Planning Agreement to create a Northern Transition Area Advisory Committee. (R-2). |
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d. |
Resolution amending the Council’s meeting schedule to add June 24, 1999 with local governments to discuss water issues. (R-3). |
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e. |
Resolution authorizing waiver of transit fares for individuals with credentials with the 1999 World Special Olympics Games. (R-4). |
This the 24th day of May, 1999.
AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES
(99-5-24/O-1)
BE IT ORDAINED by the Council of the Town of Chapel Hill:
SECTION I
That section 21-27 of the Town Code of Ordinances, “No parking as to particular streets.” is amended by inserting the following therein, in appropriate alphabetical order:
STREET SIDE FROM TO
Conner Drive South Willow Drive End
Conner Drive North A point 520 feet west End
of the centerline of
Willow Drive
SECTION II
This ordinance shall become effective July 1, 1999.
SECTION III
All ordinances and portions of ordinances in conflict herein are hereby repealed.
This the 24th day of May, 1999.
A RESOLUTION REGARDING AMENDMENT TO JOINT PLANNING AGREEMENT (99-5-24/R-2)
WHEREAS, the Town of Chapel Hill is a party to the Joint Planning Agreement, adopted November 2, 1987; and
WHEREAS, Orange County proposes to amend the Joint Planning Agreement to authorize Transition Area Advisory Committees in order to implement a recommendation contained in the Facilitated Small Area Plan for Carrboro’s Northern Study Area; and
WHEREAS, the composition, duties and responsibilities of such committees will be specified in the Carrboro Land Use Ordinance; and
WHEREAS, the Town Council has considered this proposed amendment;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves the following amendment to Section 2.7 of the Joint Planning Agreement as heard at a joint public hearing on April 14, 1999, to authorize Transition Area Advisory Committees, to read as follows:
“Section 2.7 Representation of Transition Area Residents
Chapel Hill shall revise its Land Development Ordinance and Carrboro shall revise its Land Use ordinance to provide that at least one resident of each town’s respective Transition area shall be appointed to each town’s respective planning board and board of adjustment, in the same manner as representation of extraterritorial planning area residents is provided for in each Town’s ordinance. Advisory committees, such as the Northern Transition Area Advisory Committee recommended in the Facilitated Small Area Plan for Carrboro’s Northern Study Area, may be established in the Carrboro Joint Planning Transition Areas. Advisory committee members shall be residents of the Carrboro Joint Planning Transition Areas, a majority of whom are appointed by the Board of County Commissioners, and shall serve in a planning advisory capacity to the Carrboro Board of Councilors. The composition, terms, duties, and responsibilities of this advisory committee shall be specified in the Carrboro Land Use Ordinance and become effective upon adoption by reference by Orange County as provided in Section 2.1.C.” (New language in bold.)
This the 24th day of May, 1999.
(99-5-24/R-3)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council adds the following meeting to the Council’s meeting schedule:
· June 24, 1999 at 7:00, location to be announced, with Chatham County and other local governments to discuss water issues.
This the 24th day of May, 1999.
A RESOLUTION
AUTHORIZING THE WAIVER OF TRANSIT FARES FOR PARTICIPANTS OF THE 1999 WORLD
SPECIAL OLYMPIC GAMES (99-5-24/R-4)
WHEREAS, the Research Triangle will host the 1999 World Special Olympic Games; and
WHEREAS, the Town of Chapel Hill and the University of North Carolina will be the site of some of these games; and
WHEREAS, the Town has received a request from the 1999 World Special Olympics staff to waive transit fares for individuals boarding Chapel Hill Transit buses with 1999 World Special Olympic Games credentials between June 21, 1999 and July 9, 1999; and
WHEREAS, the 1999 World Special Olympics Organization has requested supplemental transit services for participants of the 1999 World Special Olympic Games which they agreed to purchase from the Town;
NOW, THEREFORE, BE IT RESOLVED by the
Council of the Town of Chapel Hill that the Council authorizes the Manager to
direct the Transportation Department to waive transit fares to individuals
displaying 1999 World Special Olympic Games credentials between June 21, 1999
and July 9, 1999; and to provide supplemental transit services requested by the
1999 World Special Olympics Organization, which has agreed to pay for such
services.
This the 24th day of May 1999.
Item 5 – Information Reports
Council Member Foy removed 5h for discussion.
Council Member McClintock asked if there was any evidence of vehicles being in the Merritt Pasture. Mr. Horton said that he had received one report and had instructed the staff to apply physical barriers to make this impossible.
Mayor Waldorf removed 5a to be deferred until the June 14, 1999 meeting, on the request several neighbors of the area.
Item 6 – Nominations and Appointments
a.
Nominations
Nominations were made to the following boards and commissions:
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Board of Adjustment |
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Greenways Commission |
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Parks and Recreation Commission |
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COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO ACCEPT THE NOMINATIONS. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
b.
Appointments
The Council appointed Barbara Barnes (unanimous), Katrinka Borders (unanimous), Jimmie Haynes (received 8 votes from Mayor Waldorf and Council Members Bateman, Brown, Capowski, Evans, Foy, McClintock, and Pavăo), Susan Leeb (with 6 votes from Mayor Waldorf and Council Members Bateman, Brown, Capowski, Foy, and McClintock) and Barbara Matilsky (with 6 votes from Council Members Bateman, Brown, Capowski, Evans, Pavăo and Wiggins) to the Chapel Hill Public Arts Commission.
The Council appointed James Daughtrey (unanimous) and Catherine Frank (unanimous) to the Historic District Commission.
The Council appointed Sue Greenberg (received 8 votes from Mayor Waldorf and Council Members Bateman, Capowski, Evans, Foy, McClintock, Pavăo and Wiggins) and Marilyn Ryan (received 8 votes from Mayor Waldorf and Council Members Bateman, Capowski, Evans, Foy, McClintock, Pavăo and Wiggins) to the Library Board of Trustees. No other applicants received the required 5 votes for appointment.
The Council appointed John Hawkins (received 5 votes from Mayor Waldorf and Council Members Bateman, Evans, Pavăo and Wiggins) to the Planning Board.
The Council appointed Brad Sparling (received 5 votes from Mayor Waldorf and Council Members Bateman, Evans, Pavăo and Wiggins) to the Transportation Board.
Item 7 – Ordinance Prohibiting Dogs on Playing Fields at Town Parks
(Second Reading)
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO ADOPT ORDINANCE 2.
Council Member McClintock said that she thought the Town should provide some place for dogs to run free.
Council Member Bateman said that there was a need for a place for dogs to be leash-free and hoped that the Council could address it with the Merritt Pasture. She said that she did not feel that dogs belonged on the playing fields, where a lot of money had been invested.
THE MOTION WAS ADOPTED 6-3, WITH MAYOR WALDORF AND COUNCIL MEMBERS BATEMAN, CAPOWSKI, EVANS, PAVĂO, AND WIGGINS VOTING AYE, AND COUNCIL MEMBERS BROWN, FOY, AND MCCLINTOCK VOTING NAY.
AN ORDINANCE PROHIBITING DOGS ON TOWN PLAYING FIELDS (99-5-24/O-2)
Section 1. Section 12-2 of the Town Code is hereby amended to read as follows:
“Sec. 12-2. Compliance with regulations; enforcement.
All persons in any park,
greenway, open space, entranceway, playground, recreation or community center,
facilities temporarily leased by the town for parks and recreation purposes,
swimming area or facility (collectively “park”) owned or controlled by the Town
of Chapel Hill shall obey the regulations set out in section 12-3. The
regulations set out in section 12-3 shall apply in all parks, greenways, open
spaces, entranceways, playgrounds, recreation and community centers, facilities
temporarily leased by the town for parks and recreation purposes, swimming
areas and facilities (collectively “park” or “parks”) owned or controlled by
the Town of Chapel Hill, whether within or outside the Town limits. These regulations and other provisions
of this article may be enforced by any law enforcement officer within the
officer’s appropriate territorial and subject matter jurisdiction or by the
parks and recreation director, or by any parks and recreation department
employee so designated and empowered by the parks and recreation director.”
Section 2. Section 12-3, paragraph (k) of the Town Code is hereby amended to read as follows:
“(k) Dogs, cats, and other pets, excluding
horses, livestock and animals not commonly domesticated, are allowed within the
parks, except in those areas specifically marked and designated that no dogs,
cats, or other pets shall be allowed.
All animals are subject to the town animal control ordinance.
(1) Except as otherwise specifically prohibited by this chapter, dogs, cats, and other pets, excluding horses, livestock and animals not commonly domesticated, are allowed within the parks. All animals are subject to the town animal control ordinance.
(2) Dogs, except service animals, are not permitted, whether on or off leash, within fences and/or other boundaries that identify any developed, improved playing fields in any parks.”
Section 3. This Ordinance shall be effective June 1, 1999.
This the 10th day of
May, 1999. (FIRST READING)
This the 24th day of May, 1999. (SECOND READING)
Item 8 – Report on Status of Department of Transportation Review of Meadowmont Plans for Widening of NC 54 and Council Options for Reconsideration
Roger Waldon, Planning Director, responding to the petition regarding the widening of Highway 54, said that the first part of the report was a review of the improvement requirements of the Special Use Permit application for the Meadowmont Development. He said that staff expected the North Carolina Department of Transportation’s (NCDOT) approval of a portion of the improvements, including signalization and turn lanes at key intersections, imminently, and that NCDOT’s approval of the full six-lane section of the highway along the Meadowmont property could be as much as two months away, discussion being ongoing. Mr. Waldon said that the other part of the report, the question of whether the Town could revise the plans for Highway 54 improvements, could not be done without formal requests from each permit holder, and would require more public hearings and Council approval of new Special Use Permits.
Council Member Foy asked whether it was correct that there would be 10 lanes at the Meadowmont Lane intersection with Highway 54 and 8 lanes at the Barbee Chapel Road intersection. Mr. Waldon said that there would be 2 left turn lanes and 3 travel lanes at Meadowmont Lane and 3 travel lanes and a right turn or left turn lane on either side of the rest of the highway. Mr. Horton added that the most number of lanes would be 9, at the Meadowmont Lane intersection, 3 travel lanes on each side, and, in addition, 2 left turn lanes on one side, and 1 right turn lane on the other side.
Council Member McClintock asked, if a majority of the Council did not want the widening of Highway 54 to be as extensive as they had approved in the Special Use Permit, could they ask the permit holders if they were willing to change the permit and build less pavement. Mr. Waldon said it would be more than simply asking the permit holders for approval, that it would require each permit holder to apply for a modification to the Special Use Permit and then go through the regular process for approval.
Council Member
McClintock asked if this request for less pavement had the approval of the
Council, and had the approval of the NCDOT, could they then ask the developers
to install fewer lanes. Mr. Karpinos
said that the ordinance would still require that there be modification of the
Special Use Permit, because this would be a major
modification. He said that it was a due
process question required by the ordinance, that there be the regular process
for approval as for any Special Use Permit.
Mayor pro tem Capowski said that since the Special Use
Permit for the Meadowmont Development had been approved, the Council had
developed policies against widening roads in the Town, and he also thought that
the developer would not be against lessening the number of lanes, because he
would save money.
MAYOR PRO TEM CAPOWSKI MOVED THAT THE COUNCIL INSTRUCT THE
MANAGER OR ATTORNEY TO WRITE A RESOLUTION TO THE BOARD OF TRANSPORTATION CITING
THE RECENT EXAMPLES OF NOT WIDENING THE ROADS SO MUCH AND HOW THAT WAS NOW THE
CONSISTENT CONCEPT, AND ASKING THEM TO APPROVE AN IMPROVEMENT OF RALEIGH ROAD
LIMITED TO ONLY THOSE TURN LANES AND NOT TO A WIDENING TO SIX THROUGH LANES,
LEAVING IT AT THE CURRENT FOUR THROUGH LANES.
Mayor Waldorf asked Mayor pro tem Capowski to repeat his
motion.
MAYOR PRO TEM CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER
FOY, THAT THE COUNCIL INSTRUCT THE MAYOR OR THE ATTORNEY TO WRITE A REQUEST TO
THE DEPARTMENT OF TRANSPORTATION, STATING OUR RECENT EXPERIENCES AND OUR RECENT
DESIRES NOT TO WIDEN ROADS MAXIMALLY AND ASKING THEM TO APPROVE A WIDENING OF
RALEIGH ROAD ONLY TO THE EXTENT OF ADDING TURN LANES, RATHER THAN ALSO ADDING
TWO EXTRA THROUGH LANES.
Council Member Brown asked Mayor pro tem Capowski whether he meant the Department of Transportation or the Board of Transportation. Mr. Horton said that the normal process would be for the staff to draft a letter for the Mayor’s consideration, and it would be addressed to the Secretary of the Department of Transportation, which would ensure that it would be considered in the Department’s process.
Council Member Bateman said that she did not disapprove of asking NCDOT for their approval, but that she was not ready to support the reduction of the widening of what had already been approved.
Mayor Waldorf said that she felt that the issues up for debate were whether or not the Council wished for NCDOT approval so that it could go through the process with the permit holders for another Special Use Permit process.
Council Member
Evans said that she thought that this would be counter to what the Council had
discussed with regard to the Public Facilities
Ordinance. She said that the widening
of the highway was in anticipation of what would be happening on the highway in
the future. Council Member Evans said
that she could not support the motion because she felt that the Town would be
asking for trouble in the future. She
said that the Council had required a pedestrian tunnel, sidewalks and bikeways
not required anywhere else in Town.
Council Member Evans said that this request was just another attempt to
derail Meadowmont, and that the modification of the Special Use Permits was
only opening up the Meadowmont question again, and she would like to move
beyond that.
Council Member Wiggins said that she was not opposed to
reducing the number of traffic lanes, but was concerned that if the number was
changed what the impact would be in the future Special Use Permits for Meadowmont.
Mayor pro tem Capowski said that the Council would just be
considering each Special Use Permit as it now did.
Council Member Brown asked if it was correct that NCDOT
would have to give approval for changes reducing the widening of the road. Mr. Horton said that was correct.
Council Member Brown said that there had already been
reductions of 25 percent in the original plan.
Mr. Horton said that there had been adjustments made in the plan itself
for reducing the number of trips by 25 percent.
Council Member Pavăo said that he recalled that the number
of lanes stipulated had been through the NCDOT. Mr. Horton said that he recalled that it came through a traffic
impact study.
Council Member Pavăo said that he agreed with Council
Member Wiggins’ concern about future Special Use Permits, and that the roads
would be funneling traffic, and that if the attempt of the Council was to have
clogged roads, then it should reduce the lanes to the minimum and have clogged
roads.
Mayor Waldorf said that the Council had to come together on
the issue. She said she would like to
ask NCDOT to look at a design proposal to keep the options open for widening
the highway, because the extra lanes might be needed in the not-to-distant
future as fixed guideway bus lines, or something similar. Mayor Waldorf said that the Council could
not come up with a good decision at this meeting, and if they hoped to persuade
NCDOT and the applicant to modify the widening proposed, they would have to
work together.
Council Member McClintock said that she was passionately
interested in reducing the number of lanes on the highway, and thought it would
be ugly and induce traffic, and not solve the problems.
Council Member Foy said that Meadowmont was going to be the
next center of Town in the future. He
said that the Council was not in favor of the Pittsboro Street Extension
because it did not want to increase and speed up the traffic through the
downtown area, and so it should not be in favor of speeding up the traffic on
Raleigh Road at Meadowmont. Council
Member Foy said that the Council had the right to rethink how a project the
size of Meadowmont would impact the Town.
He said the Town would be better off if it tried to keep the highway on
a smaller scale.
Council Member Wiggins said that there was another item on
the Agenda that had to do with a fifth finding related to traffic, and her
concern, again, was how then would the Council act on future Special Use
Permits as they related to traffic. She
said that she was not sure that she wanted NCDOT to act on this request until
the Council had determined if it wanted to go in the direction of modification
of the Special Use Permit.
Council Member Brown said that as the project was designed
there was an allowance for adding bus lanes.
Mr. Horton said that there was no provision for bus lanes in the project
as it now stood.
Mayor Waldorf suggested that instead of asking NCDOT to not
add lanes for through traffic, to ask that those lanes be dedicated for bus
lanes.
Mayor pro tem Capowski said that once the lanes were built
as car lanes it would be much more difficult to use them for anything else
except car lanes, than if they were not built at all, and that there was plenty
of right-of-way for future building improvements for things other than straight
automobile lanes. He said that he would
be happy to accept Mayor Waldorf’s amendment that the added lanes could also be
used for some kind of mass transit technology.
Council Member McClintock suggested that the Town could ask
the developer for payment-in-lieu for a fund for future development of high
occupancy vehicle dedicated lanes, which would have to be augmented by State
and federal funds.
Council Member Bateman said that she did not think it would
be fair to the public to have to pay additional money in the future for the
cost of the addition of lanes.
Council Member Evans said that the information needed from
the staff was how long a period, at build-out, would the congestion be
increased by only having two lanes for through traffic, because peak hours in
metropolitan areas would be expanding in time and stop-and-go traffic, which
was one of the causes of air pollution.
She said that if the lanes were built later then the sidewalks and
bikeways would have to be torn up. Council Member Evans said that she was very uncomfortable with
this discussion, because during the previous discussions of Meadowmont, much of
the conversation was about traffic and traffic impact studies. She said that the impact studies had
determined what amount of traffic accommodations should be made. Council Member Evans said that much of the
traffic through Chapel Hill on Highway 54 was from Chatham County and
Carrboro. She said that NCDOT would be
much more willing to widen the intersection with Interstate 40, if there were
wider roads at both ends.
Council Member Wiggins asked if the 8 and 9 lanes were a
part of the Master Plan approval and was that considered the requirement to
accommodate the entire Meadowmont project conceptually. Mr. Waldon said that the Master Plan
approval called for widening by adding to the additional through lanes, and
there was also reference to turning lanes.
He said that there was a transportation statement prepared at the time
that estimated the projected traffic volumes into the future, estimated the
trip generations from Meadowmont, and called for this set of road improvements
to mitigate the traffic impact.
Council Member Wiggins said that, again, her concerns were
what the Council would do in the future with the permits that would come before
it.
Mayor pro tem Capowski repeated that it was hard to justify
permitting 7.3 lanes on Highway 54, while saying that everywhere else 5 lanes
was too much.
Council Member Pavăo said that he was very uncomfortable
with trying to design the issue of the lanes on the fly, and he felt that he
could not support the motion.
Council Member Foy suggested that since a study group had
looked at the Hamilton Road intersection and requested that it be narrowed
down, and then there was the approval of widening at the other two
intersections, that it should look carefully at the inconsistencies, and not
try to make the decision until the Council could come together with a cohesive
proposal.
Mayor Waldorf said that she was not going to support the
motion because it was not carefully thought out, and that the Council needed to
have a cohesive proposal for NCDOT.
Council Member Brown asked how Mayor Waldorf suggested that
be done, and what guarantee would there be that the Council would reach
agreement.
Mayor Waldorf said that there was no guarantee that the
Council could reach agreement. She
suggested a subcommittee of Council Members and technical people on the staff
who could look at that section of NC 54 and confer with the applicants, as
well, and see if there would be potential design changes.
COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER BROWN,
A SUBSTITUTE MOTION THAT THE COUNCIL ESTABLISH A SUBCOMMITTEE OF THREE MEMBERS
OF THE COUNCIL WITH TECHNICAL SUPPORT OF THE STAFF TO INVESTIGATE THIS MATTER
FURTHER. THE SUBSTITUTE MOTION WAS
ADOPTED BY A VOTE OF 6-3, WITH MAYOR WALDORF, COUNCIL MEMBERS BATEMAN, BROWN,
FOY, MCCLINTOCK, AND WIGGINS VOTING AYE AND COUNCIL MEMBERS CAPOWSKI, EVANS AND
PAVĂO VOTING NAY. THE SUBSTITUTE MOTION
IS NOW THE MAIN MOTION.
Council Member Wiggins said that it was important to her
that the subcommittee address her concern of future permit applications.
Council Member McClintock said that she did not think that
could be addressed because the zoning had already been voted on.
Council Member Wiggins said that the Council would be
voting on the fifth finding related to traffic to be added to the Development
Ordinance, and she would like an answer to her question so she could be more
comfortable with the traffic issue.
MAYOR PRO TEM CAPOWSKI AMENDED THE MAIN MOTION TO INCLUDE
THE REQUEST THAT THE SUBCOMMITTEE REPORT TO THE COUNCIL BY JUNE 28, 1999. THE
MOTION WAS ADOPTED BY A VOTE OF 8-1, WITH MAYOR WALDORF, COUNCIL MEMBERS
BATEMAN, BROWN, CAPOWSKI, EVANS, FOY, MCCLINTOCK AND WIGGINS VOTING AYE AND
COUNCIL MEMBER PAVĂO VOTING NAY.
Item 9 –
Response to Petition from the InterFaith Council Regarding
the Request for Lease of the Building and Property at 100 West Rosemary Street
Bill Terry, Internal Services Superintendent, reviewed a petition by Ms. Rita Grey on behalf of the Board of Directors of the InterFaith Council (IFC) for Social Services. He said that the petition contained three requests:
1. Modification of the Thoroughfare Plan upon which the Council acted on April 12th, to send a letter to the North Carolina Department of Transportation (NCDOT) requesting them to remove the Pittsboro Street Extension from their plans. He said that on May 10th NCDOT responded that they could not, at this time, support the removal of this project.
2. To enter into a long-term lease with the InterFaith Council of the existing facilities there.
3. To enter into a long-term lease of the neighboring property now used as an existing parking lot.
Mr. Terry responded to questions asked by the Council at a prior meeting:
1. Maintenance Expenses: The total was $47,900, which included electricity, gas, water/sewer, and maintenance.
2. Parking Revenues: The annual revenue for the lot was $9,000, which would be lost to the Town if the petition was approved.
3. Market Value: The estimated market sale value, including the IFC building and three lots, would be from $2,200,000 to $2,750,000. The potential lease value would be from $190,000 to $220,000. The value of the lease, in current dollars, over the 25-year term of the lease, would be $6,235,000, and at inflated dollars, $9,366,000.
Mr. Terry said the Council could consider several options:
1. Approval as requested, which would answer the IFC’s request, and cost the Town about $250,000 per year, rising to about $522,000 per year at the end of the 25-year lease.
2. Approval with a shorter-term lease, which would allow the Council to re-evaluate the potential use of the property, but might not meet the needs of the IFC.
3. Continuation of the current agreement, which would not meet the needs of the IFC’s expansion project.
4. Deferral of the decision to allow further discussion of the issues.
5. Sale of the property, which could be limited because the Town had accepted a grant for low-income housing which required that the property not be sold on the open market until 2005, but it could be paid off by the Town.
6. Return the property to the administrative use of the Town government for possible use by departments needing more room, such as the Police Department, the Public Works Department, and the Parks and Recreation Department.
Chris Moran, Director of the IFC, distributed a report to the Council, and added a figure that had not been available when the staff report was made, which was $47,900 of services that were provided by the Town, not including space, which would exceed the $1,191,000 of cash and in-kind services that the IFC received every year from the Town. He said that added to the figures were costs of asbestos abatement, architectural fees, and improvements for the kitchen and commercial equipment of about $50,000. Mr. Moran said that the total investment, with Town help, was $939,363. He said that a continued relationship with the Town was important to the IFC and hoped that the best possible option could be resolved so that a multi-service center could be in place in the Town center.
Robert Humphreys, Director of the Downtown Commission, said that the downtown business community had supported the IFC for many years, with food donations and fundraisers, among others. He asked the Council to carefully consider the options, and reminded them that if the County continued to raise taxes, the Town might have to consider cutting back on services in order not to raise its taxes. Mr. Humphreys recommended adoption of option #4, and the re-establishment of the committee created by the Mayor.
Chris Belcher, business owner and resident of downtown Chapel Hill, reported that he and his neighbors were concerned both with the current location of the IFC and the proposal for expansion of the IFC. He said that they encouraged the Council to adopt option #4 and establish some proceedings, hold a public hearing and initiate meetings with the neighborhoods close to the Shelter.
Council Member Pavăo said that he supported the concerns of the downtown merchants, who would like the Shelter to be moved out of downtown. He said, however, that if the Shelter were moved, there would still be homeless people and panhandlers in the downtown, without the benefit of the Shelter. Council Member Pavăo said that he had heard that the problem was not the Shelter, but the Soup Kitchen. He asked if the Town would provide bus service to these people to serve them meals elsewhere. Council Member Pavăo said that he knew that the IFC had looked hard for another location, but there were no suitable locations, except to move the Shelter out of the Town. He asked, if the IFC did not provide the services, would the Town and County provide the services, and what would the total costs to the Town be. Council Member Pavăo cited Boulder, Colorado, where their Shelter was out of town, but the needy people were in the downtown, because that was where the money was. He said that he was very supportive of the IFC and having the Shelter downtown.
Council Member McClintock said that she was very supportive of the Shelter and had been on the Council when the Shelter was established. She said that what the Council was considering now was a significant change in the lease arrangements, which would have some serious consequences for the Town. Council Member McClintock said that she wanted to be sure that all the options would be considered.
Council Member Evans said that option #4, deferral and discussion of the issues, would be the prudent action to take. She said that the downtown merchants and the adjacent neighbors should be permitted a public forum. Council Member Evans said that the idea of reestablishing the Mayor’s committee, on which she sat, was a good one, and she felt that there had been many concerns addressed by that committee.
Council Member Brown said that before reestablishing the committee, there should be a public forum to give direction, and she hoped that all the neighborhoods and merchants outside the regular notification area would be notified.
Mayor Waldorf said that the committee was not a formal committee, but a group of people concerned with the IFC, and that it had worked well.
Council Member Bateman asked if the Council would hold a public forum before it recessed for the summer.
Mr. Moran said that the Wilson Street facility would not be available to the IFC after next Easter when the United Church would be moving into their new facility. He said that he did not know whether the new owners and the IFC would be able to enter into a lease arrangement to cover the time that the IFC would need. Mr. Moran said that if there would be another location for the Shelter, they would need the cooperation of the Town in order to act on the new location as soon as possible, for raising public funds, architectural arrangements, and permits needed. He said that relocation was a very complicated option. Mr. Moran said that if the Town and the IFC remained partners, it would be much easier for the IFC to raise money.
Council Member Brown asked where the administrative part of the IFC would be located.
Mr. Moran said that 99 percent of the space being talked about was for services and he would move back into the new space, as well, along with the financial people.
Council Member Bateman asked, if a person was hired for the Adolescent Displacement Committee as a coordinator, would that person be able to also use the space at the proposed new building, as she felt that person needed to be in the downtown area.
Mr. Moran said that it was the hope of the IFC to have space for a number of agencies to have a presence in the building, so a teen coordinator likely could and would have location in their building.
Council Member McClintock asked Mr. Moran if he would be able to give a report to the Council, which contained the information on what other options the IFC had looked at.
Peggy Pollitzer, Relocation Committee Chair for the IFC, said that the IFC considered a variety of places in downtown Chapel Hill and Carrboro, deciding that any location for providing services and administrative support needed to be downtown, on a bus line, and available and accessible to the people who needed those services. She said they attempted to buy a lot downtown, but was unsuccessful, and the committee felt that the closer the Kitchen, the services, and administration were, the stronger both programs would be. Ms. Pollitzer said that was the rationale used to make a proposal to the Town.
Council Member McClintock asked if the IFC had proposals on the options. Ms. Pollitzer said not on the proposals, but they had minutes of the committee meetings.
Mayor pro tem Capowski asked when the IFC would lose its space on Wilson Court. Ms. Pollitzer said by Easter.
Mayor pro tem Capowski said that the IFC was making a significant request and he did not feel that the decision could be made by July. He said that he was asking for a smaller request. Ms. Pollitzer said that Mr. Moran or Pam Smith could take the request to the Board.
Council Member Bateman said that she would like to see a decision made by July 7th.
Council Member Brown said that the Pittsboro Street Extension figured in this decision and the NC Department of Transportation (NCDOT) said that they would not remove the project prior to analysis as the impact to traffic flow might be too great. She asked if Mayor Waldorf thought it might be a good idea to take the resolution that the Council had adopted regarding the Pittsboro Road Extension to NCDOT.
Mayor Waldorf said that she could take it to the Town’s representative.
Council Member Brown asked if the Town did not give its approval for the Extension, could NCDOT still go ahead and build it. Mr. Horton said, for a number of years, NCDOT policy for new roads was not to force them on communities that did not wish to have them. He said he did not think it was necessary to wait for NCDOT to make a decision, but that it was possible for the Town to make some use of the land involved. Mr. Horton said that NCDOT did not own a right-of-way, but the Council had a good faith obligation to reserve land for use for this purpose, if a development permit came to them.
Council Member Pavăo agreed with Council Member Bateman that the decision should be made as soon as possible, since, if the IFC would not be able to provide the services, the Town would have to think what it was going to do to provide them. He asked, regarding option #4, if the obligation to the Town was for a substantial level of financial support for the next 25 years, did that mean in dollar sense or just in the sense that the Town would be committed over a longer period of time than it had been. Mr. Horton said that the proposal on the whole would be actual dollar commitments for the maintenance of the present building, the principal cost would be the opportunity cost on the additional land. He said that the Council could choose to extend the lease, but to decline to support any maintenance costs and to decline to pay for the utilities that the Town now paid for.
Council Member Pavăo said that the Town would be making the same commitment, but the obligation would be over a longer period of time. He asked who would provide the services if the IFC were no longer able to provide them.
Council Member McClintock said that what she was adding to her figures was the monies that the Town would not be receiving from the parking fees and the opportunity costs.
Mayor pro tem Capowski asked if there would be any substantial building maintenance expenses to the building in the next decade. Mr. Horton said that he was sure that there would be major maintenance during the next ten years, if the Town were responsible for doing it.
Mayor pro tem Capowski asked if the renovation costs in 1989/1991 of $655,000 was Town money or a grant. Mr. Horton said that it was a combination of money raised by IFC and grant funds. Mr. Moran said that $350,000 came from U.S. Department of Housing and Urban Development (HUD), through the Town of Chapel Hill. He said the IFC wrote the grant to the North Carolina Housing Agency and they decided to give the money to the Town rather than to the IFC, and the Town oversaw the contracts. Mr. Moran said that additional dollars were raised from public and private sources to make up the $939,000 total that was spent, so $655,000 was the figure of general contracts that the Town oversaw. He said that in addition to that there was asbestos abatement, architectural fees, and kitchen equipment, so the grand total was about $940,000. Mr. Moran said that one of the complicating aspects of this request was that the site was located right next to the old municipal building. He said, therefore, that if the IFC were going to have a capital investment on the site, it would not be good for the IFC not to have a long-term commitment on the old municipal building. Mr. Moran said to replace all of that elsewhere in the community would be more expensive, so this was the best economic factor. He asked, “What does the Town want from the IFC?” Mr. Moran said they only wanted the same level of commitment from the Town that they had had since 1985. He said they would maintain the new building, pay the utilities, buy the insurance, and would raise the money from their contributors. Mr. Moran said that they only wanted the same partnership and to buy the lot next door.
Council Member Evans said that she would encourage the Council to schedule the public hearing for the fall, when the people who rent and leave for the summer would be back.
Council Member McClintock asked Mr. Moran what happened regarding the negotiations with the United Church of Christ to have space at their new building. Mr. Moran said that the space was 3,500-3,700 square feet, and it was a lease arrangement for 7 years and the Board of Directors of the IFC decided that they really wanted to be in a situation where they would own the property, instead of leasing.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT OPTION #4, DEFERRAL OF THE DECISION TO ALLOW FURTHER DISCUSSION OF THE ISSUES AND TO SCHEDULE A PUBLIC FORUM IN THE FALL.
COUNCIL MEMBER BATEMAN MADE A SUBSTITUTE MOTION, SECONDED BY COUNCIL MEMBER PAVĂO, TO ADOPT OPTION #4, DEFERRAL OF THE DECISION TO ALLOW FURTHER DISCUSSION OF THE ISSUES, AND TO SCHEDULE THE PUBLIC FORUM BEFORE THE COUNCIL RECESSED FOR THE SUMMER.
Council Member Wiggins asked what would be needed to prepare for a public forum. Mr. Horton said that all of the materials that would be needed had already been prepared, and notification would be through advertisements in the newspapers.
Mayor Waldorf asked if the public forum should be scheduled on a regular meeting night. The mover and seconder agreed.
Council Member Evans said that she felt that notification by mail was important, although very expensive. Mr. Horton said that part of the question would be in getting help in defining the area that the Council would wish to be notified.
Council Member Bateman urged the Council to schedule the public forum early in order to give the IFC an answer.
THE SUBSTITUTE MOTION WAS ADOPTED BY A VOTE OF 5-4, WITH MAYOR WALDORF, AND COUNCIL MEMBERS BATEMAN, CAPOWSKI, PAVĂO, AND WIGGINS VOTING AYE, AND COUNCIL MEMBERS BROWN, EVANS, FOY, AND MCCLINTOCK VOTING NAY.
Council Member Evans said that she felt that the Council would be opening itself up to a lot of criticism by holding a public forum during the summer.
Council Member Wiggins said that she did not think that the people who were away for the summer, the students, would be affected by the decision, as the other people in the area would be. She said that she would like to see wide-spread advertising to make the broader community aware of the public forum, because this decision would affect all taxpayers.
COUNCIL MEMBER BATEMAN MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO HOLD A PUBLIC FORUM ON THE REQUESTS OF THE INTERFAITH COUNCIL ON JUNE 28, 1999, AND TO NOTIFY BY MAIL THE NORTHSIDE NEIGHBORHOOD, THE CENTRAL BUSINESS DISTRICT, AND THE HISTORIC DISTRICTS, ALONG WITH NEWSPAPER ADS. THE MOTION WAS ADOPTED BY A VOTE OF 8-1, WITH MAYOR WALDORF, COUNCIL MEMBERS BATEMAN, BROWN, CAPOWSKI, FOY, MCCLINTOCK, PAVĂO AND WIGGINS VOTING AYE AND COUNCIL MEMBER EVANS VOTING NAY.
Item 10 – Report on Critical Mass Group Bicycle Rides
Captain Gregg Jarvies of the Police Department said that on May 10th a petition was presented requesting that Critical Mass be allowed to continue their rides as they had been conducted for the past 12-16 months. He said that the rides took place on the last Friday of the month, at 5:00 p.m. in the downtown area, with a group ranging in size of from 12 to 50 riders. Captain Jarvies said that the larger demonstrations had caused some safety concerns for all users of the downtown streets. He said that when larger demonstrations had occurred, the Town had provided escorts with on-duty police officers. Captain Jarvies said that since May 9th, the Police Department had met with Critical Mass participants on three occasions to discuss safety issues. He said, regarding the next ride planned for May 28th, with the progress that had been made, it would be beneficial that the demonstration be allowed. Captain Jarvies said that the Police Department would continue communications with Critical Mass to develop a plan that would be beneficial to both parties for future rides. He said that the Police Department would present a progress report to the Council on June 14th.
Council Member McClintock commended the Police Department for continuing to work with Critical Mass and its willingness to come up with some options for the Town.
James Coley, speaking for Critical Mass, said that a process had begun and was continuing for communication, and that discussion of the safety concerns had started. He said that the best thing that the Council could do to keep the process ongoing was to endorse the recommendation with respect to the upcoming Critical Mass demonstration. Mr. Coley suggested that the Council consider Critical Mass as a volunteer traffic-calming measure for Franklin Street.
Item 11 – Consideration of Resolutions Authorizing the Manager to Formally Receive
a Petition to Pave Sugarberry Road and Scheduling a Public Hearing
George Small, Director of Engineering, said that the Town had received a paving petition from the residents of Sugarberry Road. He said that the Town shared 50 percent of the costs with the residents, and that it had been the Town’s plan to pave over the gravel roads in the community. Mr. Small said that the requirement by law for adopting a resolution for the paving, was that a majority of the owners, sign the petition. He said that both options met the standards. Mr. Small said that Option A was the one that the Town would like to proceed with, to pave the entire road, and, although not all the owners had signed the petition, a majority had.
Council Member Brown asked what happened with the property owners who had not signed the petition in regards to the 50 percent payments. Mr. Small said that assessments would be made on their properties, just as on the other properties.
Mayor pro tem Capowski asked if the Town would pay itself for the Town-owned property on this road. Mr. Small said that was correct.
Council Member McClintock said that she liked Option A because the road was very dusty, and also that Mrs. Swanson had called her to tell her that she would be glad to go along with the paving. She asked whether it would be mat and seal or paving. Council Member McClintock said that there was a subdivision proposed for the end of the road, and she wondered if it might be better to wait until the subdivision was completed. Mr. Small said that they would pave a couple of inches with asphalt, and that the owners had asked for a paved surface. He said that it was not the intent of the Town to build roads through use of the paving petitions, and there was not a right-of-way at the end of this road.
Council Member Evans asked what the width of the road would be. Mr. Small said about 20 feet.
COUNCIL MEMBER MCCLINTOCK MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 6a. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION RECEIVING A PETITION FOR PAVING A PORTION OF SUGARBERRY ROAD (99-5-24/R-6a)
WHEREAS,
the Town of Chapel Hill has received a petition for paving a portion of
Sugarberry Road; and
WHEREAS,
the petition has been determined to be valid under General Statutes
160A-217(a);
NOW,
THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the
Council herewith receives said petition for paving a portion of Sugarberry Road
consisting of approximately 560 feet of roadway, without curb and gutter.
This is the 24th day of May, 1999.
MAYOR PRO TEM CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 7. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION OF INTENT TO UNDERTAKE THE PAVING OF SUGARBERRY ROAD (99-5-24/R-7)
BE
IT RESOLVED by the Council of the Town of Chapel Hill that the Council intends
to undertake a project for paving and other improvements on Sugarberry Road.
1.
The Town has received
a petition for paving Sugarberry Road without curb and gutter, and the petition
has been determined to be valid under G.S. 160A-217 (a); and
2.
Sugarberry Road is a
gravel road extending south from the end of existing pavement at Houston Road;
and
3.
The Town would pave
Sugarberry Road without curb and gutter, in accordance with the approved
petition, and assess owners of property abutting the proposed improvements on
an equal share per lot basis; and
4.
The assessment amount
would be 50% of the actual, total project cost upon completion (not including
the cost of improvements made at street intersections), which costs could
include design and construction, legal services, any interest charges,
right-of-way acquisition, and publication expenses; and
5.
Owners of assessed
property would have the option of paying the assessment in one cash payment
within 30 days after publication of confirmation of the final assessment roll,
or in not more than 10 annual installments, the first of which would be due and
payable concurrently with property taxes, at an annual interest rate of 6%; and
6.
The Council herewith
calls a public hearing at 7:00 p.m. on Monday, June 21, 1999, in the Town Hall,
306 N. Columbia Street, to consider adoption of a resolution to undertake the
above described project.
This
is the 24th day of May, 1999.
Item 12 – Lowe’s Village Center Application for
Extension of Completion Time on Special Use Permit
Mr. Horton said that in order to grant the extension request, the Council must determine that:
1. The permit holder has submitted the request within 60 days of the completion date;
2. The permit holder has proceeded with due diligence and good faith; and
3. Conditions have not changed so substantially as to warrant Council reconsideration of the approved development.
Mr. Horton said that the staff believed these had all been met. He said that Mr. Woody Davis, the developer, was present to answer any questions.
Council Member Pavăo said that he had no problem with deferring the completion time, but he would like to ask Mr. Horton to pursue a discussion with Lowes’ Village Center for a Park and Ride lot at their location, in the near future. He said that he did not want to delay the project, but felt that a short delay would give time for discussion.
Council Member Foy asked if the outbuilding was the only thing left to be done under the terms of the Special Use Permit. Mr. Horton replied that was correct and said that all the parking area had been completed, as well as the landscaping, except that which would go with the building.
COUNCIL MEMBER PAVĂO MOVED, SECONDED BY COUNCIL MEMBER EVANS, THAT THE COUNCIL DEFER THIS RESOLUTION APPROVING A REQUEST FOR AN EXTENSION OF THE COMPLETION DATE FOR LOWES’ VILLAGE CENTER, FOR A BRIEF PERIOD OF TIME TO ALLOW THE MANAGER AN OPPORTUNITY TO SPEAK WITH THE APPLICANT ABOUT THE POSSIBILITY OF THE TOWN USING THE FACILITY FOR A PARK AND RIDE LOT.
Mr. Davis said that Lowes was interested in talking to Mr. Horton about a Park and Ride lot. He asked that the Council to consider the extension part of the resolution, because it prevented Lowes from moving ahead on the project, which was critical because the tenant they had chosen, Border Books, had also been offered another location to lease in Durham.
Mr. Horton asked if this could be deferred until June 14th. Mr. Davis said that it was not his decision to make, he would have to discuss it with Lowes. He said that his timeframe with Border Books was shorter than June 14th. Mr. Horton said that he could go to Winston-Salem to discuss the proposal with the Lowes vice-president.
Council Member Foy asked when the lease expired. Mr. Davis said that it began on February 29, 1999 and expired a year from then.
Council Member Brown asked Council Member Pavăo if he was not opposed to the extension, why he was tying that with the request for a Park and Ride lot.
Council Member Pavăo said that he thought that the applicant would be the one to discuss the Park and Ride lot with, but that was not the case, and that he would withdraw the motion if needed. Mr. Davies said that he would guarantee that the Lowes people would be willing to talk with Mr. Horton about the Park and Ride lot request.
Mayor pro tem Capowski said that the request for a Park and Ride lot should be a lever for granting the extension, since Lowes had not volunteered in the past to cooperate with the Town on their other requests.
Council Member Evans said that she would like to withdraw her second to the motion, because it was not the same individual that the Council would be talking to and the two issues were separate. She said she would be very unhappy if by inaction of deferring the extension, the lease to Borders Books was lost.
COUNCIL MEMBER EVANS WITHDREW HER SECOND.
Council Member Foy said that he would second the motion, because he thought it would be to Lowes’ benefit that they have a strong tenant and a good relationship with the Town in providing, if they could, some kind of Park and Ride lot, and he felt that the Town should use some kind of leverage.
COUNCIL MEMBER FOY SECONDED THE MOTION. THE MOTION WAS ADOPTED BY A VOTE OF 7-2, WITH MAYOR WALDORF, COUNCIL MEMBERS BATEMAN, BROWN, CAPOWSKI, FOY, PAVĂO, AND MCCLINTOCK VOTING AYE, AND COUNCIL MEMBERS EVANS AND WIGGINS VOTING NAY.
Council Member Wiggins said that she hoped that the Town would get the Park and Ride lot, but she also hoped that the action taken did not send Borders Books to a location in Durham.
Mr. Horton said the item would be rescheduled to June 14, 1999.
Item 13 – Town of Carrboro’s Application for Special Use Permit
for a Municipal Parking Lot at West Rosemary Street and Sunset Drive
A RESOLUTION AUTHORIZING THE MANAGER TO ENTER INTO A PERFORMANCE AGREEMENT WITH THE TOWN OF CARRBORO FOR CONSTRUCTION OF A PARKING LOT ON WEST ROSEMARY STREET AND SUNSET DRIVE (99-5-24/R-9)
WHEREAS,
the Town Council of the Town of Chapel Hill has budgeted a total of $35,000 of
Community Development Block Grant funds for the West Rosemary Street Parking
Lot Economic Development project; and
WHEREAS,
the Town of Carrboro has submitted a Special Use Permit application for the
proposed parking lot on West Rosemary Street;
NOW,
THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the
Council authorizes the Manager to enter into a Performance Agreement with the
Town of Carrboro for construction of a parking lot on West Rosemary Street and
Sunset Drive.
BE IT FURTHER RESOLVED that the Council authorizes $500 to be paid from the Off-Street Parking Fund for the taxes on the property annually.
A RESOLUTION APPROVING A SPECIAL USE PERMIT APPLICATION FOR THE WEST ROSEMARY STREET/SUNSET DRIVE MUNICIPAL PARKING LOT (99-5-24/R-10d)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application by the Town of Carrboro for a municipal parking lot on property identified as Chapel Hill Township Tax Map 93, Block L, Lot 18, if developed according to the site plan dated August, 1998 and conditions listed below, would:
1. Be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;
2. Comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Articles 12, 13, and 14, and with all other applicable regulations;
3. Be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property, and is a use or development that is a public necessity; and
4. Conform with the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.
BE IT FURTHER RESOLVED that the Council finds, in this particular case, that the following modifications to the regulations satisfy public purposes to an equivalent or greater degree:
1. Modification of Subsection 12.3 of the Development Ordinance to allow an off-street parking lot as a principal use within the Residential-3 zoning district;
2. Modification of Subsection 14.12.6 of the Development Ordinance to allow a 10-foot wide landscape bufferyard along the northern property line;
3. Modification of Subsection 14.12.6 of the Development Ordinance to allow a 7- to 19-foot wide landscape bufferyard along the eastern property line;
4. Modification of Subsection 14.12.6 of the Development Ordinance to allow a 10-foot wide landscape bufferyard along the West Rosemary Street frontage of the site;
5. Modification of Subsection 14.12.6 of the Development Ordinance to allow no landscape bufferyard along the western property line; and
6. Modification of Subsection 13.11.1 of the Development Ordinance to allow livability space as proposed by the application.
Said
public purposes being the facilitation of improved facilities for public
parking in the downtown area.
BE IT FURTHER RESOLVED that the Town Council hereby approves the Special Use Permit application for a municipal parking lot in accordance with the plans listed above and with the conditions listed below:
Stipulations Specific to the Development
1. That construction begin by April 12, 2001 (two years from the date of Council approval) and be completed by April 12, 2001 (three years from the date of Council approval).
2.
Land Use: That this
Special Use Permit authorizes construction of a municipal parking lot to be
operated by the Town of Carrboro, and that any subsequent request to change
this use shall require Council approval of a Modification of Special Use
Permit.
3. Project Fact Sheet: That the Project Fact Sheet shall be accurately revised prior to issuance of a Zoning Compliance Permit.
4. West Rosemary Street Right-of-Way Dedication: That additional right-of-way be dedicated along West Rosemary Street.
5. Landscape Plan Approval: That a detailed Landscape Plan and Landscape Maintenance Plan and shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
6. Landscape Bufferyards: That the following landscape bufferyards shall be provided, and that if any existing vegetation is to be used to satisfy the buffer requirements, the vegetation shall be protected by fencing from adjacent construction:
¨ Type C landscape bufferyard (minimum width 10 feet) along the northern property line;
¨ Type C landscape bufferyard (minimum width between 7 and 19 feet) along the eastern property line;
¨ Type B landscape bufferyard (minimum width 10 feet) along the West Rosemary Street frontage of the site; and
¨ No landscape bufferyard is required along the western property line of the site.
7. Parking Lot Landscaping: That the Town’s parking lot landscaping standards shall be satisfied with this application, including Development Ordinance Subsection 14.6.6(c) which requires an appropriate screening device of at least six feet in height along property lines adjacent to residentially-zoned properties, and Subsection 14.6.6(d) which requires parking lot shading of at least 35 percent.
8. Utility/Lighting Plan Approval: That the final utility/lighting plan be approved by Duke Power Company and the Town Manager prior to issuance of a Zoning Compliance Permit.
9. Electric Lines: That the electric lines supplying power to the site’s interior light fixtures shall be installed underground.
10. Parking Space: That the southernmost portion of the parking lot shall be properly engineered to allow adequate maneuvering capability for the parking space located in the southeastern corner of the lot.
11. Storm Drainage Plan: That a storm drainage plan shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
12. Solid Waste Management Plan: That a Solid Waste Management Plan shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
13. Silt Control: That the applicant take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.
14. Construction Sign Required: That the applicant post a construction sign that lists the property owner’s representative, with a telephone number; the contractor’s representative, with a telephone number; and a telephone number for regulatory information at the time of issuance of a Zoning Compliance Permit.
15. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
16. Non-severability: That if any of the above conditions is held to be invalid, approval in its entirety shall be void.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the Special Use Permit application for the West Rosemary Street/Sunset Drive municipal parking lot.
This the 24th day of May, 1999.
A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE AN ENCROACHMENT AGREEMENT WITH THE NORTH CAROLINA DEPARTMENT OF
TRANSPORTATION AND PROCEED WITH CONSTRUCTION OF STREETSCAPE IMPROVEMENTS
(99-5-24/R-11)
WHEREAS, plans for streetscape improvements have been developed for the project area; and
WHEREAS, these plans require that a formal encroachment agreement be executed with the North Carolina Department of Transportation; and
WHEREAS, the Town staff is prepared to construct these improvements this summer pending the execution of this agreement and approval by the Council; and
WHEREAS, $100,000 in streetscape bond revenues are currently available to cover the estimated $64,000 in expenses necessary to construct the proposed improvements;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to execute an encroachment agreement with the North Carolina Department of Transportation permitting the Town to construct two curb extensions in the 100 block of East Franklin Street and proceed with construction of streetscape improvements this summer to the north side of the 100 block of East Franklin Street from Henderson Street to the mid-block crosswalk.
This the 24th day of May, 1999.
The minutes of May 24, 1999 were adopted on the 23rd day of
August, 1999.
__________________________________________
Joyce A. Smith, CMC