SUMMARY MINUTES OF A REGULAR BUSINESS MEETING

OF THE CHAPEL HILL TOWN COUNCIL

MONDAY, DECEMBER 11, 2000, 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, Pat Evans, Kevin Foy, Lee Pavăo, Bill Strom, Jim Ward, 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 Bill Stockard, Interim Police Chief Gregg Jarvies, Parks and Recreation Director Kathryn Spatz, Assistant to the Mayor Alice Joyce, Planner Phil Mason, Transportation Planner David Bonk, Planning Director Roger Waldon, Planner Kay Pearlstein, Engineering Director George Small, Public Works Director Bruce Heflin, Urban Forester Curtis Brooks, and Town Clerk Joyce Smith.

Item 1 – Resolution Thanking Joel Harper, former President of the

Chapel Hill-Carrboro Chamber of Commerce

Mayor Waldorf read a Resolution in gratitude of the services to the community of Joel Harper, former President of the Chapel Hill-Carrboro Chamber of Commerce.

MAYOR PRO TEM PAVĂO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 1. THE MOTION WAS ADOPTED UNANIMOUSLY. (9-0).

A RESOLUTION IN APPRECIATION OF JOEL HARPER UPON HIS RESIGNATION AS PRESIDENT OF THE CHAPEL HILL-CARRBORO CHAMBER OF COMMERCE (2000-12-11/R-1)

WHEREAS, Joel Harper has served for eight years as president of the Chapel Hill-Carrboro Chamber of Commerce and is leaving to assume a position at IBM; and

WHEREAS, when Joel Harper came to the Chamber eight years ago when the membership was declining, the finances were in the red, and some were saying that the Chamber should be done away with; and

WHEREAS, Joel Harper built the Chamber to a powerful organization which has developed to a membership of 570 members with an annual budget of $330,000; and

WHEREAS, Joel Harper has enjoyed helping bring people together and improve their businesses, working to improve relations between businesses and local government, and helping the business community and the citizens of the Town in times of disaster, such as Hurricane Fran and flooding around Eastgate; and

WHEREAS, Joel Harper is a person of high character, objective thinking, exceptional energy, and congenial nature;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that we acknowledge with gratitude the contributions of

Joel Harper

On behalf of the community, and wish Joel success in his future at IBM.

This the 11th day of December, 2000.

Mr. Harper introduced his family. and said it had been an honor to be President of the Chamber of Commerce and he had enjoyed the years working with the community.

Mayor Waldorf said it had been a pleasure to work with Mr. Harper and he had always been very helpful.  She said the Town would miss him, and wished him well in his new position at IBM.

Item 2 – Public Forum on the Draft 2002-2008 Metropolitan

Transportation Improvement Program

Senior Transportation Planner David Bonk reported that the State had released a draft of the various projects it wished to spend the transportation monies on, and it was the turn of the Durham-Chapel Hill Carrboro Transportation Advisory Committee to develop its own program.  He said the State and local Metropolitan Planning Organization (MPO) entities would have to negotiate so that both programs were identical, in order to comply with federal rules.

Mr. Bonk reviewed the Project Recommendations:

1.      The Public Transit Unfunded Capital program be revised to reflect the current anticipated needs of Chapel Hill Transit.

2.      The South Columbia project description be revised to read, “Purefoy Road to Manning Drive. Provide sidewalk and bike lanes and minor intersection improvements.”

3.       The State provide full funding for construction of sidewalks as part of the South Columbia project. The sidewalks should not be funded using the State pedestrian policy which requires local financial participation.

4.      Construction funds for the Estes Drive project be included in 2008.

5.      If the Town Council approves the proposed “super street” design for improvements to the Erwin Road/U.S. 15-501 intersection, adequate funding be allocated.

6.      Funding for a Major Investment Study (MIS) along NC 54 from Fordham Boulevard to the Durham/Wake County line be included.

7.      Funding for design of the Morgan Creek Greenway be provided through the Surface Transportation Program Direct Allocation program.

Mr. Bonk said that public transit continued to be the number one priority of the Town, and the staff had put together a list of unmet capital needs for the future and the Transportation Improvement Programs (TIP) needed to incorporate this when the final versions were published.

Mr. Bonk discussed the Policy Recommendations:

1.      Orange County be allocated additional transportation funding consistent with its share of the Division 7 population.

2.      Surface Transportation Program Direct Allocation Program (STPDA) funds be principally allocated to projects that promote alternative modes of transportation rather than to roadway construction or expansion.

3.      The State Pedestrian and Bicycle program identify specific projects for funding within the Transportation Improvement Program.

Mr. Bonk pointed out a few items in the memorandum packet:

·        Page 40—Proposed STPDA Direct Attributable Funds Allocation for the 2002-2008 TIP—the uncommitted balance for 2004 of $223,904 were monies available to either Durham or Chapel Hill and will be available for additional projects with a required 20% match and management of the projects.  This will be a source of available capital if requested.

·        Page 154—Comparison of Chapel Hill Priority Projects and Draft 2002-2008 Transportation Improvement Program—after priority #6, there is basically no funding.  

 

Wayne Pein, a member of the Bicycle and Pedestrian Advisory Board, said that four of the flagged MPO issues, South Columbia Street, Weaver Dairy Road, Estes Drive, and Homestead Road, have bike lanes or paved shoulders prescribed, which he did not believe were the appropriate treatment for the roads.  He said rather they should have a wide, outside, shared lane, which would be less costly and could be funded by the large STP money, which are not specifically allocated to bike lanes.  Mr. Pein said local matching funds would then not be necessary, and the wide outside lanes were better for bicyclists.  He said that experienced bicyclists preferred wide outside lanes because they were safer.

Council Member Evans asked about the request by the Parks and Recreation Commission for funding for a pedestrian/bicycle path along Highway 54.  She remembered that the Meadowmont project would be including one along the highway from Meadowmont to Burning Tree Road, and the other one had been funded to connect to the existing one at Greenwood.  Mr. Bonk said the Meadowmont developers were building a combined pedestrian/bike path, and the other one funded was for only a sidewalk.

Council Member Brown asked if the widening of Sage Road was from Erwin Road to Highway 15-501. Mr. Bonk said it was. 

Council Member Brown questioned the widening of Sage Road to five lanes, as delineated on the chart on page 46. Mr. Bonk said the project originally requested by the Town had this language in the request, but the Council could change the request, which would also change the funding for the final design.

Council Member Foy asked where the County line was in the N.C. 54 Major Investment Study from Fordham Boulevard to the Durham/Wake line.  Mr. Bonk said the line was near Page Road.

Council Member Foy asked if the Town was making this request as a regional one, since most of this was in Durham County.  Mayor Waldorf said that she and Durham Mayor Tennyson had made the request based on theories from a transportation conference she had attended in Denver.  She said she and Mayor Tennyson thought it would be a good idea to request a dedicated transit system so that people from Chapel Hill and Durham could get to their jobs in Research Triangle Park.

Council Member Foy said he supported the idea of making it easier for people to get to their jobs, but he did not want to support another road-widening project, especially since this would go through wetlands.  Mayor Waldorf said this was just an idea, not yet developed, and she did not want to support widening the road, but rather that there should be a dedicated transit corridor.

Mr. Horton pointed out that if the Town was in the discussions from the beginning and stayed with it, the Town would be in a position to shape the answers in its jurisdiction, as well as outside of its jurisdiction.

Council Member Foy asked how the Division 7 allocation worked, when the Town was working mostly with Durham.  Mr. Bonk said the State had 14 divisions, created many years ago to relate to the prison system, where the inmates worked near to where they were imprisoned.  He said Orange and Durham were in different divisions, but the federal government created Metropolitan Planning Areas, a contiguous and urban area, and because of Chapel Hill’s proximity to Durham, they have been put together in an MPO that included Northern Chatham County, which was in a different division.  Mr. Bonk added that the funds were allocated through the divisions and then the MPOs.

Council Member Foy wondered, because Orange County was on the edge of the division, if it was left with less of the allocated funds.  Mr. Bonk said the Board Member lived in Guilford.  Mr. Horton said there was a good deal of local politics played in how the money was divided up.

Mayor Waldorf said there were certain amounts of money allocated because of loop-road projects, and that interstate widening costs were huge.  She said the community did not ask for much in the way of road-widening, and that was part of the reason why the allocation percentage was low.

Council Member Brown asked if anything was being done to change the outdated allocation system, which she said did not work for any of the communities. Mr. Bonk said there had been suggestions at the legislative level, but if one area was realigned, other areas would attempt to be realigned. He added he did not think the legislature was ready to do anything at this time.  Mr. Bonk stated that the funding divisions were part of the subject matter that the Commission on Transportation Funding in Raleigh had, and they would look at it indirectly as part of their work 

Council Member Strom asked Mr. Bonk to explain if the recommendations of the Bicycle and Pedestrian Advisory Board for wider lanes would be a policy issue.  Mr. Bonk said there were differences of opinions about the most appropriate facility.  He said there was a regional bicycle plan, which called for bicycle lanes within the urban areas, based on data collected in the early 1990s.  Based on recent surveys encouraging the use of bicycles, he said, the conclusion was that the preferred solution would be bike lanes.  Mr. Bonk said the federal government supported both bike lanes and lane widening.

Mr. Horton said the staff could bring back to the Council information on both sides of the issues and the Council could make a determination as to what it wanted for the community.  The Council felt it would be useful. Mr. Horton said the staff would prepare a report within the next two months.

Council Member Ward suggested that the Bicycle and Pedestrian Advisory Board and the Transportation Board look at the issues at the same time to try to get a consensus in the approach to the alternatives of technology in different situations.  Mr. Horton said the staff would take some preliminary recommendations to the Boards to receive their feedback before coming back to the Council with recommendations.

Council Member Ward asked how the South Columbia Street improvements scope had changed from what had originally been requested to the present recommendations.  Mr. Bonk said the project had evolved over the years from a road-widening project to a bicycle and pedestrian project and the scope always included going to Manning Drive, but when the State published the 2000 TIP, the project limits were scaled back to Mason Farm Road.

COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER STROM, TO RECEIVE AND REFER THE DRAFT TO THE MANAGER.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 3 – Petitions by Citizens and Announcements by Council Members

1.         ARC request for support of Agency Services.

Wendy Trueblood presented a petition to the Council from the ARC of Orange County, an advocacy group for people with developmental disabilities, that in its 2001-2002 budget, it would unfreeze the position of the Special Populations and Mainstream Coordinator in the Parks and Recreation Department.  She said there was a significant unmet need in the community for summer care and programming for many children.  Ms. Trueblood stated the position needed to be filled in order to develop programming to meet the needs of developmentally disabled children, as well as other special needs.  She said there was currently a part-time position, which dealt with the Special Olympics, but a full-time position was needed to fill the other needs.

Council Member Bateman recommended that the petition recommend funding for the last quarter of this fiscal year, otherwise there would be nothing in place until July.  Ms. Trueblood said she did not realize that would be an option. 

COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER BATEMAN, TO RECEIVE AND REFER THE PETITION TO THE MANAGER.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

2.         Request to conduct a parade on Franklin Street.

Erika Reif presented a petition from the Festival of India to conduct an annual Festival of India Parade on Franklin Street.  She said a full day of enlivening traditional dances, music and dramas, speakers on Indian culture and philosophy, were planned.  Ms. Reif said the first parade was planned for September 2001 and was insured for both the parade and festival site.  Jyoti Sharma, guest speaker, explained what the Festival of India was about and its history, and the cities it was held in.

COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER WARD, TO RECEIVE AND REFER THE PETITION TO THE MANAGER.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

3.         Aaron Nelson, Interim Director of Greek Affairs at UNC.

Mr. Nelson thanked the Chapel Hill Fire Department for its speedy response to the recent fire at the Sigma Nu House, and thanked the Council, who, four years ago, implemented the Sprinkler Ordinance.  He said that all the fraternity houses would be in compliance with the Ordinance by the deadline, or, if not, the houses would not be occupied.

Item 4 – Consent Agenda: Action Items

Council Member Ward pulled 4i. Mayor Waldorf suggested that the Council talk about that item when it discussed Item 7.  Council Member Ward agreed.

Mayor Waldorf asked for a Consent Agenda Resolution on Item L, for the meeting of the Council in a Public Forum on the Community Center/Aquatics Center to be held on January 29, 2001.

COUNCIL MEMBER PAVĂO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 2, WITH ITEM 4i REMOVED. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES

(2000-12-11/R-2)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the following minutes, resolutions and ordinances as submitted by the Town Manager in regard to the following:

a.

Adoption of Minutes from the October 11, October 18 (2 sets) and October 23, 2000 Council Meetings.

b.

Nominations to the Southern Community Park Committee (R-3).

c.

Recommended Adjustment to the Public Access Fee (R-4).

d.

Calling a Public Hearing: Development Ordinance Text Amendment for Adequate Public Facilities Provisions for Schools (R-5).

e.

Development Ordinance Text Amendment: Bicycle and Pedestrian Advisory Board Liaison to the Community Design Commission (O-1).

f.

Waiver of Fees for Eastwood Lake Special Use Permit (R-6).

g.

Recommended Lease with Holmes Daycare Center for a Portion of the Hargraves Recreation Center (R-7).

h.

International Council for Local Environmental Initiatives (ICLEI) Membership (R-8); (O-2).

j.

Budget Amendment for Art in Town Hall (O-3).

k.

Calling a Public Hearing on Proposed Signage at the Meadowmont Village Center (R-10).

L.

January 29 Meeting on the Aquatics Center (R-10.1).

This the 11th day of December, 2000.

A RESOLUTION NOMINATING APPLICANTS TO VARIOUS ADVISORY BOARDS,  COMMISSIONS OR COMMITTEES (2000-12-11/R-3)

WHEREAS, the applications for service on an advisory board or commission or other committees listed below have been received; and

WHEREAS, the applicants have been determined by the Town Clerk to be eligible to serve;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the following names are placed in nomination to serve on an advisory board, commission, or other committees:

Southern Community Park Conceptual Plan Committee

Eve Barkley

Elizabeth Branch

Lynne Bresler

Judy Crook

H. Coleman Day

Jim Earnhardt

M. C. Flynn

Romeo “Chip” Fontaine

Edward Holshouser

Scott Madry

James McCallum

Douglas Ostenek

Gwynne Pomeroy

Karen Sapp

Pete Schwartz

Michael Ullman

Board of Adjustment

George M. Chescheir

This the 11th day of December, 2000.

A RESOLUTION ADOPTING AN INFLATION ADJUSTMENT TO THE PUBLIC ACCESS FEE BILLED TO CABLE TELEVISION CUSTOMERS IN CHAPEL HILL (2000-12-11/R-4)

WHEREAS, on November 27, 2000, the Town Council held a public forum on whether to increase the public access fee; and

WHEREAS, the inflation adjustment would not apply to Time Warner Cable of Durham customers who reside in Chapel Hill; and

WHEREAS, a one-cent increase in the public access fee would generate about $1,353 in additional annual funds;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby increases the public access fee from 68 to 69 cents per month.

This the 11th day of December, 2000.

A RESOLUTION CALLING A PUBLIC HEARING TO AMEND THE DEVELOPMENT ORDINANCE FOR A SCHOOL ADEQUATE PUBLIC FACILITIES ORDINANCE (2000-12-11/R-5)

WHEREAS, the Chapel Hill Town Council has expressed concern about the adequacy of school facilities; and

WHEREAS, the Town Council has indicated a desire to consider adopting provisions in the Development Ordinance for school adequate public facility;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby calls a Public Hearing for Monday, February 19, 2001 to consider amendment to the Development Ordinance.

BE IT FURTHER RESOLVED by the Council that the Council hereby directs the Manager to prepare the proposed text amendment in a form consistent with the Town's Development Ordinance and refers the proposal to the Planning Board and the Manager for recommendation.

This the 11th day of December, 2000.

AN ORDINANCE AMENDING THE CHAPEL HILL DEVELOPMENT ORDINANCE REGARDING LIAISON POSITIONS TO THE COMMUNITY DESIGN COMMISSION (2000-12-11/O-1)

WHEREAS, the Council of the Town of Chapel Hill has considered the proposed amendment to the Chapel Hill Development Ordinance to adjust the liaison positions to the Community Design Commission, and finds that the amendment is appropriate due to changed or changing conditions in a particular area or in the jurisdiction generally and achieves the purposes of the Comprehensive Plan;

NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:

Section 1.  Article 25, Subsection 25.5.1 of the Chapel Hill Development Ordinance is hereby amended to read as follows: 

"25.5.1      Establishment of the Commission

A Community Design Commission, consisting of ten (10) members appointed by the Council, is hereby established.  In addition to Council-appointed members, the Planning Board, Parks and Recreation Commission, Transportation Board, Greenways Commission, Bicycle and Pedestrian Advisory Board and Historic District Commission shall designate one representative from their respective boards to be members of the Community Design Commission, each with full voting privileges."

Section 2.  That all ordinances and portions of ordinances in conflict herewith are hereby repealed.

Section 3.  That these amendments shall become effective upon adoption.

This the 11th day of December, 2000.

A RESOLUTION AMENDING THE DEVELOPMENT REVIEW FEES LIST TO WAIVE THE FEES FOR SPECIAL USE PERMIT APPLICATIONS INVOLVING SEDIMENT REMOVAL AT PRIVATE RECREATION FACILITIES (2000-12-11/R-6)

WHEREAS, the Council of the Town of Chapel Hill has received a request from the Lake Forest Association to waive the fees associated with the Eastwood Lake Special Use Permit application; and

WHEREAS, the Town Council has determined that Eastwood Lake is an important Town recreational and aesthetic asset that will benefit from the sediment removal project; and

WHEREAS, the Town Council has determined that the sediment removal project proposed would achieve public purposes;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is hereby authorized to waive the development review fees associated with the Eastwood Lake Special Use Permit application and Final Plan application.

This the 11th day of December, 2000.

A RESOLUTION AUTHORIZING THE MANAGER TO EXECUTE A LEASE AGREEMENT FOR A PORTION OF THE HARGRAVES RECREATION CENTER FOR A CHILD CARE CENTER (2000-12-11/R-7)

WHEREAS, the current five-year lease with Holmes Day Care Center, Inc. expires on December 31, 2000; and

WHEREAS, the Town wishes to continue to offer space for the operation of a child care center in the basement of the Hargraves Recreation Center; and

WHEREAS, the Town has published a public notice of the Council’s intent to enter into a lease agreement with Holmes Day Care Center, Inc.; and

WHEREAS, no other party has requested to lease said premises;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to execute a lease agreement on behalf of the Town with the Holmes Day Care Center, Inc. for approximately 3,850 square feet of the Hargraves Recreation

Center for the operation of a child care center, said lease being substantially in the form presented by the Manager with his report on this matter on December 11, 2000, a copy of which shall be kept with the records of this meeting.

This the 11th day of December, 2000.

A RESOLUTION AUTHORIZING MEMBERSHIP IN THE INTERNATIONAL COUNCIL FOR LOCAL ENVIRONMENTAL INITIATIVES (2000-12-11/R-8)

WHEREAS, the Council pledged to join with jurisdictions from all over the world in the Cities for Climate Protection Campaign operated by the International Council for Local Environmental Initiatives on August 23, 1999;

WHEREAS, the Council now desires to submit an application for membership in the International Council for Local Environmental Initiatives;

NOW, THEREFORE BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to submit an application for membership in the International Council for Local Environmental Initiatives.

This the 11th day of December, 2000

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2000 (2000-12-11/O-2)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled “An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 2000” as duly adopted on June 26, 2000, be and the same is hereby amended as follows:

ARTICLE I

                                                  Current                                                                       Revised

APPROPRIATIONS                  Budget                Increase           Decrease                  Budget

GENERAL FUND

     Non-Departmental                           

            Contingency                    35,777                                                600                  35,177

      Council                               194,856                       600                                         195,456

           

This the 11th day of December, 2000.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2000 (2000-12-11/O-3)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled “An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 2000” as duly adopted on June 26, 2000 be and the same is hereby amended as follows:

ARTICLE I

                                                  Current                                                                       Revised

APPROPRIATIONS                  Budget                Increase           Decrease                  Budget

                                                                                         

GENERAL FUND

     Mayor Council                     192,602                    2,254                                         194,856

ARTICLE II

                                                  Current                                                                       Revised

REVENUES                               Budget                Increase           Decrease                  Budget

GENERAL FUND

        Fund Balance                   2,382,990               2,254                                        2,385,244

This the 11th day of December, 2000.

A RESOLUTION CALLING A PUBLIC HEARING TO AMEND THE TOWN’S SIGN REGULATIONS FOR APPROVED MIXED USE DEVELOPMENTS IN THE MIXED USE-RESIDENTIAL-1 (MU-R-1) AND MIXED USE-OFFICE/INSTITUTIONAL-1 (MU-OI-1) ZONING DISTRICTS (2000-12-11/R-10)

WHEREAS, the Town has received a Petition from Mr. Craig Davis requesting changes to the Town’s Sign Ordinance for approved mixed use developments in the Town’s Mixed Use–Residential-1 (MU-R-1) and Mixed Use-Office/Institutional-1 (MU-OI-1) zoning districts;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby calls a Public Hearing for Monday, February 19, 2001, to consider changes to the Town’s Sign Ordinance for approved mixed use developments in the Town’s Mixed Use–Residential-1 (MU-R-1) and Mixed Use-Office/Institutional-1 (MU-OI-1) zoning districts.  

BE IT FURTHER RESOLVED by the Council of the Town of Chapel Hill that the Council hereby directs the Manager to prepare the proposed text amendment(s) in a form consistent with the Town’s Development Ordinance and refers the petition to the Planning Board, the Community Design Commission and the Manager for recommendation.

This the 11th day of December, 2000.

A RESOLUTION SCHEDULING JANUARY 29, 2001 FOR A PUBLIC FORUM ON THE AQUATICS CENTER AND INVITING THE ORANGE COUNTY BOARD OF COMMISSIONERS AND CARRBORO BOARD OF ALDERMEN TO ATTEND THE FORUM (2000-12-11/R-10.1)

WHEREAS, January 29, 2001, has been reserved as a meeting date for the Town Council; and,

WHEREAS, the Aquatics Center is a topic of County-wide interest;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council schedules January 29, 2001 for a Public Forum in the Council Chamber of Town Hall to discuss the Aquatics Center Report and invites the Orange County Board of Commissioners and the Carrboro Board of Aldermen to attend the forum.

This the 11th day of December, 2000.

Jay Parker thanked the Council and staff on behalf of his community for their cooperation and good will in the matter of waiving fees for the Eastwood Lake Special Use Permit.

Item 5 – Information Items

Report on petition regarding signage at Performance Automotive.

Mark Moore, General Sales Manager at Performance Automotive, presented a petition asking for permission to put a sign in front of the dealership for pre-owned automobiles, similar to the other automobile signs already there, so that customers would know that the dealership also sells pre-owned automobiles.

 Item 6 – Special Use Permit Modification for Carol Woods Retirement Community

Planning Director Roger Waldon highlighted the questions raised at the November 20, 2000, Public Hearing for consideration of a Special Use Permit (SUP) request by Carol Woods Retirement Community:

·        Require Sunrise Road frontage improvements.  Manager and Transportation Board recommendations.

·        Require applicant to provide a pedestrian pathway to connect proposed apartment buildings with Cedar Village commercial area.  Planning Board Recommendation.

·        Require 63 new parking spaces rather than the proposed 78.  Bicycle & Pedestrian Advisory Board recommendation.

·        Require sidewalk improvements along Weaver Dairy Road from the Carol Woods entrance to Cedar Village. Bicycle & Pedestrian Advisory Board recommendation.

·        Require bicycle parking at the daycare facility, dining hall, garden apartments, and staff office/guest house.  Manager and Bicycle & Pedestrian Advisory Board recommendations.

Mr. Waldon said Resolution A remained the Manager’s recommendation.

Dan Jewell, of Coulter, Jewell, and Thames, the applicant, said that, on behalf of the Carol Woods Retirement Community, Resolution A with the recommended stipulations was acceptable.  He said they would prefer Resolution C and D, particularly in regard to the Sunrise Drive improvements.

Mayor Walddorf observed, for the record, that Council Member Wiggins was recused on this item because she sits on the Carol Woods Board of Directors.  Council Member Wiggins was recused at 7:55 p.m. and left the room.

Council Member Bateman asked what the recreation facilities would be for the day care children.  Mr. Jewell said it would be a full playground for the age group, with the area stipulated by the State day care licensing laws with appropriate safety servicing and equipment for the age group, and they would have access to the indoor pool in the summer.

Council Member Ward asked if the bicycle racks would be covered.  Mr. Waldon said this had not been specified.  Mr. Jewell said the applicant would prefer not to put on the covers, but they would do so.  He said that only two of the over 400 residents used bicycles, but the bike racks would probably be used by employees.  He stated that the covers can be difficult to blend into the surrounding architecture.

Council Member Ward asked if the racks could be located in a covered location.  Mr. Jewell said there would be that opportunity for some of the racks.

MAYOR PRO TEM PAVĂO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO CLOSE THE PUBLIC HEARING.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0)

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT RESOLUTION 11C, WITH THE AMENDMENT THAT THE BIKE RACKS BE EITHER COVERED OR PLACED IN A COVERED AREA.

Council Member Foy offered a “friendly” amendment to reduce the parking spaces allowed from 78 to 63, as recommended in the Manager’s resolution.  He asked Council Member Evans if she would accept this as a “friendly” amendment.   Council Member Evans declined the amendment, stating that the parking was already limited, and there was a need for visitor parking both for the residents as well as the daycare.  She hoped that the Council would not make the usual 110% parking requirement, since she felt that this was a special community.

Council Member Foy said he supported Resolution C, but felt that the Town needed to be consistent in its parking requirements, in order to encourage the use of other means of transportation.

Council Member Bateman agreed, and said she would like to see the parking-spaces aspect of the Resolution changed.

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER BATEMAN, TO ADOPT RESOLUTION 11C, WITH AN AMENDMENT TO REDUCE THE REQUIRED PARKING SPACES FROM 78 TO 63.  THE MOTION TO AMEND WAS ADOPTED BY A VOTE OF 6-2, WITH MAYOR WALDORF, COUNCIL MEMBERS BATEMAN, BROWN, FOY, STROM, AND WARD VOTING AYE, AND MAYOR PRO TEM PAVĂO AND COUNCIL MEMBER EVANS VOTING NAY.

Mr. Jewell said the applicant could live with the 63 spaces, but asked if the number of reductions could be applied all over the site, rather than concentrated in the specific area under discussion.

THE MOTION TO ADOPT RESOLUTION 11C, WITH THE AMENDMENT TO COVER BIKE RACKS AND REDUCE THE PARKING SPACES TO 63, WAS ADOPTED UNANIMOUSLY. (8-0).

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR CAROL WOODS RETIREMENT COMMUNITY (2000-12-11/ R-11c)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit Modification application proposed by Jim Call, of the Carol Woods Retirement Community, on property identified as Chapel Hill Township Tax Map 17, Lots 16 (PIN #9880865212) and 18 (PIN #9880856370); and Chapel Hill Township Tax Map 16A, Lot 5A (PIN #9880879300); if developed according to the site plan prepared on March 1, 2000, and revised on October 16, 2000, 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

4.                  Conform to 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 Town Council hereby approves the application for a Special Use Permit Modification for Carol Woods in accordance with the plans listed above and with the conditions listed below:

Stipulations Specific to the Development

1.                  That construction begin by December 11, 2002 (two years from the date of Council approval) and be completed by December 11, 2003 (three years from the date of Council approval).

2.                  Relationship to 1998 Special Use Permit Modification: That this approval authorizes the use of approximately 121.6 acres including the structure at 710 Weaver Dairy Road as a staff office or guest house. This authorization is intended to be in addition to the terms of the Town Council, December 7, 1998 Special Use Permit Modification document recorded in deed book 1880, page 528 of the Orange County Register of Deeds.

3.         Land Use Intensity: This Special Use Permit Modification authorizes:

·        construction of 10 buildings;

·        including 6 apartment buildings, 2 cluster homes, and 1 child care center;

·        1 general purpose workshop; and

·        the relocation of the Special Use Permit boundary to include a new staff office/guesthouse building.

The total new floor area authorized is 48,280 square feet. The aggregate authorized land use intensities, existing and proposed, are as follows:

 

·        Total # of Buildings:                                                              61

·        Total # of Dwelling Units:                                        295

·        Total # of Cluster Home / Assisted Living Buildings:                3

·        Maximum # of Bedrooms:                                       468

·        Maximum # of Parking Spaces:                                           609

·        Minimum Outdoor Space (sq.ft.):                  4,921,557

·        Minimum Livability Space (sq.ft.):                 4,327,548

·        Minimum Recreation Area (sq.ft.):                    274,500

                                               

4.                  Alteration of Special Use Permit Boundary:  That the existing Special Use Permit Boundary shall be altered to include the 1.73 acre lot with an existing residence at 710 Weaver Dairy Road, identified as Chapel Hill Township Tax Map 16A, Lot 5A. The enlarged Special Use Permit boundary will run parallel to Weaver Dairy Road including the lot at 710 Weaver Dairy Road rather than jogging around it. The gross land area of the new Special Use Permit boundary is 121.61 acres.

Stipulations Related to Required Improvements

5.                  Town Standards: That all new streets, parking lots, drive aisles and sidewalks associated with this development shall be constructed to Town standards. Catch basins and underground stormwater pipes (rather than drainage swales) shall be utilized to collect stormwater.

6.                  Sunrise Road: That half of a 70-foot right-of-way along the entire Sunrise Road frontage shall be dedicated.

7.                  Parking Spaces: That the 63 proposed parking spaces will increase the permitted parking spaces on the site to 609 spaces.

8.                  Pedestrian Pathway:  That the applicant shall construct a pedestrian pathway from the southern end of the garden apartment access road running southward to Cedar Village commercial area (at the intersection of Weaver Dairy Road and Sunrise Road).  The surface, width, and precise alignment shall be determined by the applicant in order to minimize tree removal.

Stipulations Related to Recreation Space

9.                  Greenway Easement: A pedestrian easement shall be dedicated to the Town of Chapel Hill near the northeastern corner of the site to facilitate footpath construction from the I-40 Greenway to Sunrise Road. The easement is intended to minimize land disturbance and accommodate steep slopes at Sunrise Road when the I-40 Greenway is connected to Sunrise Road. The easement location shall be approved by the Town Manager.

Stipulations Related to Landscape Elements

10.              Landscape Plan Approval: That a detailed Landscape Plan and Landscape Maintenance Plan shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

11.              Landscape Protection Plan: That a detailed Landscape Protection Plan, clearly indicating which rare and specimen trees will be removed and preserved and including Town standard landscaping protection notes, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

12.              Landscape Bufferyards: That the following landscape bufferyards shall be provided, and that if any existing vegetation is to be used to satisfy the buffer requirement, the vegetation shall be protected by fencing from adjacent construction:

Bufferyard Location

Buffer Required

 Eastern Border (Sunrise Rd.)

    75 ft. Type ‘D’1 Buffer

 Northern Border (Interstate 40)

   125 ft. Type ‘E’ Buffer

 Western Border (Coventry neigh.)

   30 ft. Type ‘B’ Buffer

 Southern Border (Weaver Dairy Rd.)

   75 ft. Type ‘D’ Buffer

           

                1Except for 50 ft. Type 'C' buffer adjacent to P.H. Craig property.

13.              Catch Basins and Stormwater Pipes: That catch basins and stormwater pipes shall be utilized as part of street construction, in order to minimize land disturbance in buffer areas. Drainage swales shall not be established in the required landscape bufferyards on this site.

14.              Slopes in Buffer Areas: That all newly graded landscape buffer areas shall not exceed a 3:1 slope.

15.              Buffer Plantings: That all canopy trees installed in graded buffer areas shall be a minimum of 3 inch – 3˝ inch caliper when installed. Also, all small trees installed in graded buffer areas shall be a minimum of 8 feet in height.

16.              Parking Lot Plantings: That all parking lot shade trees used to demonstrate compliance with the 35% parking lot shading requirement, shall be a minimum of 2 inch – 2˝ inch caliper when installed.

17.              Planting Strips: That five-foot wide planting strips shall be provided between parking areas and each building.

Stipulations Related to Utilities

18.              Utility/Lighting Plan Approval: That the final utility/lighting plan be approved by Orange Water and Sewer Authority (OWASA), Duke Power Company, BellSouth, Public Service Company, Time Warner Cable, and the Town Manager before issuance of a Zoning Compliance Permit.

19.              Utility Lines: That all new utility lines, other than 3-phase electric power distribution lines, shall be underground.

Stipulations Related to Fire Protection/Fire Safety

20.              Fire Flow: That a fire flow report prepared by a registered professional engineer, showing that flows meet the minimum requirements of the Design Manual, be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

21.              Fire Hydrant Location: That all new structures be located within 500 feet of a fire hydrant, subject to the approval of the Town Manager prior to the issuance of a Zoning Compliance Permit.

22.              Collapsible Bollards:  That the collapsible bollards restricting access to the fire land near the child development center are designed in such a manner as to not hinder fire department entry. Bollard design is subject to the approval of the Town Manager prior to the issuance of a Zoning Compliance Permit.

 

23.              Sprinkler System: That the new buildings shall have a sprinkler systems in accordance with Town Code, which shall be approved by the Town Manager.

Stipulations Related to Refuse and Recycling Collection

24.              Solid Waste Management Plan: That a Solid Waste Management Plan, including provisions for recycling and for the management and minimizing of construction debris, and reserving space for segregated grease rendering/recycling collection shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

25.              Heavy-Duty Paving: That all new drive aisles that provide access to the compactors, future dumpsters or recycling facilities, be constructed with heavy-duty pavement.

Miscellaneous Stipulations

26.              Community Design Commission Approval: That the Community Design Commission shall approve the building elevations and the lighting plan for the site, prior to the issuance of a Zoning Compliance Permit.

27.              Stormwater Management Plan: That a Stormwater Management Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. Based on a 25-year storm, the post-development stormwater run-off rate shall not exceed the pre-development rate.

28.              Bio-retention: That the design and list of plant species of the five new bio-retention areas shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

29.              Certificates of Occupancy: That no Certificates of Occupancy shall be issued until all required public improvements are complete, and that a note to this effect shall be placed on the final plat.

That if the Town Manager approves a phasing plan, no Certificates of Occupancy shall be issued for a phase until all required public improvements for that phase are complete; no Building Permits for any phase shall be issued until all public improvements required in previous phases are completed to a point adjacent to the new phase, and that a note to this effect shall be placed on the final plat.

30.              Transportation Management Plan:  That a Transportation Management Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. This plan shall be updated and approved annually by the Town Manager. The required components of the Transportation Management Plan shall include:

31.              Detailed Plans: That the final detailed site plan, grading plan, utility/lighting plans, stormwater management plan (with hydraulic calculations), and landscape plans shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit, and that such plans shall conform to the plans approved by this application and demonstrate compliance with all applicable conditions and design standards of the Development Ordinance and Design Manual.

32.              Erosion Control: That a soil erosion and sedimentation control plan, including provisions for maintenance of facilities and modification of the plan if necessary, be approved by the Orange County Erosion Control Officer, and that a copy of the approval be provided to the Town Manager prior to the issuance of a Zoning Compliance Permit.

33.              Open Burning: That no open burning shall be permitted during the construction of this development.

34.              Silt Control: That the applicant takes appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.

35.              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. The construction sign may have a maximum of 16 square feet of display area and may not exceed 6 feet in height. The sign shall be non-illuminated, and shall consist of light letters on a dark background.

36.              Plant Rescue: That the applicant is encouraged to conduct a “plant rescue” for this site, after the issuance of a Zoning Compliance Permit and prior to the start of construction.

37.              Bicycle Facilities: That the applicant shall provide bicycle-parking facilities, some under cover or otherwise protected, as described in the Town’s Design Manual, at the daycare center, the dining hall, the garden apartments, and the staff office/guesthouse. The applicant shall provide one wave-type bicycle rack, in highly visible, well-illuminated areas, at these respective locations:

·        daycare center;

·        dining hall;

·        garden apartments; and

·        staff office / guest house.

38.              Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.

39.              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 application for a Special Use Permit Modification for Carol Woods.

This the 11th day of December, 2000.

Council Member Wiggins returned to the meeting at 8:07 p.m.

Item 7 – Discussion of Ideas to Make the Development

Review Process Less Adversarial

Planning Director Roger Waldon highlighted the background to this discussion.  He said that there had been discussions regarding the perception that the Town’s development applications were adversarial, and one of the goals of the Comprehensive Plan was to make the application process less adversarial.  Mr. Waldon said one of the ideas emerging from the discussions and workshops was to have a pre-application stage, having the Council involved at the front-end of the application process, and freeing the Council from the burden of the Special Use Permit process, which put limitations on the Council for talking to all parties concerned.  He stated one idea would be for the Council to review a concept plan at the beginning of the development proposals.  Mr. Waldon said the staff had proposed bringing back thoughts and ideas for the Council to hear at the first part of the year, and to have the proposals ready for public review and comment in March.

Mr. Waldon reported that the staff proposed the termination of the contract with the consultants Lane Kendig, inc., in Item 4i, and that the Council consider a new contract with the Kansas firm Freilich, Leitner, & Carlisle, a firm whose information had been considered during the selection process last spring.  He said the firm had come to the Council with very good qualifications, and that the staff recommended adoption of a resolution, authorizing the Town Manager to negotiate a scope of services for the Council’s consideration in January.

Council Member Ward offered his surprise that the termination of the contract with Lane Kendig, inc. was included in the Consent Agenda because he felt it was deserving of more discussion.  He said he was not in favor of terminating the contract on the basis of one meeting that had not gone well.  He said that perhaps the Council had not sent a clear enough message to the consultant.

Mayor Waldorf agreed that the issue should be opened up for Council discussion.

Council Member Bateman asked what further meetings the staff had had with Lane Kendig, inc. in order to make the recommendation for termination of the contract.  Mr. Horton said the staff met with Mr. Kendig on the morning following the presentation to the Council and he still did not understand why his slide presentation was not what the Council wanted.  Mr. Horton said he told Mr. Kendig that what the Council wanted was an evaluation of how performance zoning would work for Chapel Hill, and he continued to state he did not understand that what he had presented wasn’t what the Council wanted.  Mr. Horton said he did not believe a future presentation by Mr. Kendig would be any different.

Mr. Waldon said he concurred with the Manager, and it was his opinion that the Consultant’s vision of what performance zoning was did not match the Council’s interests.  He said he did not foresee flexibility and adaptation in the consultant’s ability to follow the Council’s direction.

Council Member Strom said that although he was on the committee that recommended Lane Kendig, inc., and their focus was on the Comprehensive Plan, he felt that the consultant had missed the mark by far.  He said he was comfortable in moving on with the firm being recommended.  He felt the Council had gained a lot by the presentation of Lane Kendig to make improvements to the special use permit process that could yield better plans in a more timely fashion.  Council Member Strom said he approved the pre-application stage and enhanced performance standards, but he had reservations about the size threshold for what defined special uses.  He thought that the size thresholds had worked well for Chapel Hill.

Mayor Waldorf said she would like to terminate the contract with the consultant, hire a person who knew how to write a development ordinance and was willing to “push some envelopes,” and have that person meet with the Council to have an open session about where the Council was at this time.

Council Member Evans said that the consultant failed to orient the presentation to Chapel Hill, and the consultant being proposed went to school and lived in Chapel Hill, so it would be easier for him to focus on Chapel Hill. Mr. Horton said the consultant lived in Kansas City, and Council Member Evans said, no matter where he lived, she would hope he would focus on Chapel Hill and not any other city.

Council Member Evans said she supported increasing the size threshold for special uses, especially since the Council would be involved in the process at an earlier stage.  She cited the special use process for Eastwood Lake as an example.

Council Member Foy said he was willing to accept the staff’s assessment of what the Council needed from a consultant.  He said he felt that the Council had changed over the course of the last several months and had clarified in its own minds what it wanted in a development ordinance.  Council Member Foy said he felt clear now what he wanted in the ordinance and was comfortable about going forward with someone who was technically capable of working into the ordinance what the Town wanted.  He said the Council wanted a set of more specific performance standards, as an enhancement of, not a substitute for, the special use permit process for major development applications.  Council Member Foy wanted to know what the performance standards were and how could they be written.

Council Member Bateman asked if the termination of the contract and the approval of another contract would set the timetable back.  Mr. Horton said it was possible to keep on the schedule and that should be an objective, and the Council now had a clearer sense of what they wanted.  He gave credit to Lane Kendig, inc., for helping focus the Council on what it wanted and how important the special use process was for the community.

Council Member Brown said she also had some reservations about increasing the size threshold, and she felt it was important that the Council know exactly what they were talking about in reference to what land was still available for development and redevelopment, such as referring to maps of land available.  She felt that the Town was in a new phase of development and must be careful.  Council Member Brown asked what was in the current Development Ordinance which could be considered performance standards and how the Town could build on what it already had.

Mayor Waldorf suggested that the Council adopt the resolution recommended by the staff to negotiate with Freilich, Leitner, & Carlisle, and to tell them that the Town has a new Comprehensive Plan and feels the need to write a new development ordinance, building on the present Development Ordinance.  She suggested that the Council assess all the discussions over the past several months on what it wanted in a new development ordinance, and she agreed that the Council needed to ascertain what land was still undeveloped in the Town.

COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT RESOLUTION 9.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION TERMINATING CONTRACT FOR CONSULTANT SERVICES (2000-12-11/R-9)

WHEREAS, the Chapel Hill Town Council has authorized execution of a contract for services with Lane Kendig, inc.; and

WHEREAS, a contract was executed on September 27, 2000, including the following language:

            “ARTICLE VI - COMPLETION

A.     The Contract shall be terminated upon written request of either party upon receipt of written notification.

B.     Upon such termination or abandonment, the Consultant shall deliver to the Client all drawings, illustrations, text, data, and other documents entirely or partially completed, together with all unused material supplied by the Client.”

NOW, THEREFORE, BE IT RESOLVED that the Council of the Town of Chapel Hill requests termination of this contract, and directs the Town Manager to submit written notification of termination as called for in the contract.

This the 11th day of December, 2000.

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 12, TO INCLUDE THAT THE MANAGER ENGAGE IN CONVERSATION WITH THE CONSULTANT REGARDING STEPS TO BE TAKEN.

A RESOLUTION DIRECTING THE TOWN MANAGER TO PREPARE A SCOPE OF WORK FOR CONSULTANT SERVICES (2000-12-11/R-12)

WHEREAS the Chapel Hill Town Council seeks assistance in the task of revising Chapel Hill’s Development Ordinance; and

WHEREAS the Council has received information describing consultant services available from the firm Freilich, Leitner, and Carlisle, and has concluded that this firm is qualified to provide the services needed for this project;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council directs the Town Manager to enter into discussions with representatives from this firm, to develop a proposed Scope of Services.

BE IT FURTHER RESOLVED that the Council requests that this draft Scope of Services be presented to the Council during January 2001, for consideration.

BE IT FURTHER RESOLVED that the Council requests the Manager to engage in conversation with the representatives of this firm regarding the balance between new development and redevelopment in the Town, relying on minutes of past Council discussions for specific issues and suggestions.

BE IT FURTHER RESOLVED that the Council requests that Town advisory boards involved in review of the Development Ordinance develop a list of standards that might be included, as well as a list of those standards in the current Development Ordinance and Design Manual that might be made less optional and more specific, and forward those to the Council within the next two months.

BE IT FURTHER RESOLVED that the Council encourages citizens to submit comments to the Council on this issue.

This the 11th day of December, 2000.

COUNCIL MEMBER STROM OFFERED A “FRIENDLY” AMENDMENT THAT A SIMULTANEOUS PROCESS REGARDING PERFORMANCE STANDARDS GOALS AND DESIGNS BE REQUESTED FROM THE TOWN’S BOARDS AND COMMISSIONS TO HELP IN EVENTUALLY CREATING A DEVELOPMENT ORDINANCE.

Council Member Foy accepted the amendment.

Council Member Evans said the Boards had been at the Lane Kendig, inc. presentation and might not have any better idea than did the Council.  She accepted the “friendly” amendment of Council Member Strom.

Council Member Ward suggested that the Boards had already been requested to comment on the designing of the development ordinance, and he felt it was very important to have the comments of those with the expertise.

Council Member Brown suggested including citizens’ comments in the process.

THE MOTION, AS AMENDED, WAS ADOPTED UNANIMOUSLY (9-0).

Item 8 – Report on Restriping of West Cameron Avenue

Engineering Director George Small reviewed the background to this report, and stated that the questions regarding restriping West Cameron Avenue came about when the road was resurfaced last summer.  He reported that several meetings and petitions had suggested alternatives to the striping alternatives. He said that there were two key issues involved:

·        Center Turn Lane—some proposals suggest elimination of all or part of the center turn lane.  The staff believes that segments of the center turn lane could be eliminated, but are concerned that the resultant wide travel lane could cause drivers’ speed to increase, offsetting the benefits of the wider lane for bicyclists.  The staff believes that the current system works well.

·        On Street Parking—some proposals suggest eliminating on street parking on one or both sides of the road at all times.  The staff believes that this parking serves to mitigate parking problems which might otherwise occur in adjacent residential neighborhoods if parking availability on West Cameron Avenue were reduced or eliminated.  The staff believes that the shared use of the parking lanes by bicyclists during key time periods provides a good compromise, allowing provision of services to all users of this public street.

Mr. Small said, after collecting and evaluating traffic data and considering the options being proposed to accommodate the diverse uses of West Cameron Avenue, the staff believed that the compromises were necessary, and the previously established striping and controls were a reasonable compromise.  Mr. Small said the Council had several options to choose from, but if it did not make a decision this evening, the road would have to be temporarily restriped for safety reasons.

Wayne Pein said that one-third of the bicyclists riding on Cameron Avenue rode on the side where there is parking, where there is no bike lane.  He said the best solution for bicyclists would be getting rid of the parking, but there would be space by eliminating the center turn lanes for both cars and bicycling.  He said the Bicycle and Pedestrian Advisory Board preferred the option of having no center turn lane, a couple of turn bays, where there should be no on street parking.  Mr. Pein said bike lanes were not necessary for safe biking, and there had been no accidents without the striping.

Dorothy Verkerk, Chair of the Bicycle and Pedestrian Advisory Board, said the Board could not find a rationale for the map of the existing striping for Cameron Avenue, and the map showed an old way of thinking, disregarding bicyclists and pedestrians.  She said there were discrepancies in the bullets on page 2 of the memorandum.  She said when it came to rights and rules the playing field was not equal when it came to a 2-ton truck and a person, and the travel lanes should be offered a 15.5-foot lane for bicyclists.  She said, regarding on street parking, that 90% of the free downtown parking spaces are used by students, usually filled before 9:00 a.m.  Ms. Verkerk read a resolution which she was proposing to submit:

“Now, therefore be it resolved by the Council of Chapel Hill that the Council directs the Manager to have West Cameron Avenue restriped, to eliminate the center turn lane between Pittsboro Street and South Graham, with the exceptions of center turn bays at Mallette Street, Ransom Street, and Cameron Court.  At those center turn bays all on street parking should be eliminated.”

Council Member Brown said this was basically what was in the Resolution on page 13, except it did not mention turn lanes, which she felt needed to be specified.

Ms. Verkerk said what was crucial was the elimination of the parking at the turn bay sites.

Council Member Foy questioned the exceptions mentioned by Ms. Verkerk.  Ms. Verkerk said there was no parking on Merritt Mill Road, and asked that her Resolution be reworded to eliminate Cameron Court and replaced by Kenan Street.

Council Member Brown said she felt the resolution could be made clearer by stating that there would be a center stripe, with left turn lanes specified.  Mr. Small said it would be possible to change the Resolution by eliminating the parking at those turn.

Council Member Brown asked if the Board had discussed eliminating the parking.  Ms. Verkerk said they had discussed every possible alternative.  She said the Board’s resolution was very similar to the staff’s resolution.

Council Member Evans said she was concerned that a 15.5-foot bike lane would result in an increased speed by automobiles, and people may store their cars on street for 24-hours per day, if there is no parking time limit.  She said she felt the present system of striping on Cameron Street worked for everybody.  Council Member Evans recommended that the Town restripe in the manner in which it was done before the resurfacing.

Council Member Wiggins asked if there could be a time limit for parking to avoid storage of cars in the parking spaces.  Council Member Evans reminded Council Member Wiggins that that would be costly, because the time limits would have to be enforced.  Mr. Small said that time limits on parking were hard to enforce.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER FOY, TO ADOPT RESOLUTION 13 AS AMENDED USING DOROTHY VERKERK’S LANGUAGE:

“NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF CHAPEL HILL THAT THE COUNCIL DIRECTS THE MANAGER TO HAVE WEST CAMERON AVENUE RESTRIPED, TO ELIMINATE THE CENTER TURN LANE BETWEEN PITTSBORO STREET AND SOUTH GRAHAM, WITH THE EXCEPTIONS OF CENTER TURN BAYS AT MALLETTE STREET, RANSOM STREET, AND CAMERON COURT.  AT THOSE CENTER TURN BAYS ALL ON STREET PARKING SHOULD BE ELIMINATED.”

COUNCIL MEMBER BROWN ADDED A FRIENDLY AMMENDMENT TO THAT RESOLUTION, TO STRIPE CAMERON AVENUE WITH A CENTER STRIPE WITH MINIMUM TURN LANES AT MERRITT MILL ROAD, KENAN, RANSOM, AND MALLETTE WITH NO PARKING ALLOWED IN THE LEFT TURN LANE AREAS AND THE ON-STREET PARKING IS TO BE LEFT AS IT IS NOW DESIGNATED.

Council Member Ward asked what kind of ways could there be parking on the road at all times, which would not cause an enforcement nightmare on the staff.  Mr. Small said the way it was done presently was that during the non-parking hours police ticketed any cars in the parking spaces.  He said the hours when parking was not allowed could be reduced, and people could park longer, and that would be easy to enforce.

Council Member Evans said this did not address the issue of speeding cars on a widened road, that the striping worked well for everybody, and she didn’t understand the need to change the way the road was striped.

THE MOTION WAS ADOPTED BY A VOTE OF 8-1, WITH MAYOR WALDORF, MAYOR PRO TEM PAVĂO, COUNCIL MEMBERS BATEMAN, BROWN, FOY, STROM, WARD, AND WIGGINS VOTING AYE, AND COUNCIL MEMBER EVANS VOTING NAY.

A RESOLUTION DIRECTING THE TOWN MANAGER TO HAVE WEST CAMERON AVENUE RESTRIPED TO ELIMINATE CERTAIN PORTIONS OF THE CENTER TURN LANE BETWEEN MERRITT MILL ROAD AND PITTSBORO STREET (2000-12-11/R-13)

WHEREAS, the Chapel Hill Town Council is interested in optimizing the operation of West Cameron Avenue for all users; and

WHEREAS, the Council has considered information on a variety of alternatives for modifying conditions and controls on West Cameron Avenue; and

WHEREAS, the Council has determined that certain changes could be made in the center turn lane of West Cameron Avenue without jeopardizing traffic operations.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council directs the Manager to have West Cameron Avenue restriped with a center stripe and minimum length center turn lanes only at Merritt Mill Road, Kenan Street, Ransom Street and Mallette Street.

BE IT FURTHER RESOLVED that the Council directs the Manager to have on-street parking removed only adjacent to the above referenced center turn lanes, and that the remaining on-street parking shall remain as it is now designated, including time-of-day restrictions.

This the 11th day of December, 2000.

Council Member Ward asked what could be done to prevent speeding on the widened road.  Mr. Horton said police presence could be established and they could use the unit which displays speed and a visual display.

Item 9 – Downtown Streetscape Construction Options

Urban Forester Curtis Brooks discussed the resolution which would authorize the Town Manager to develop detailed working drawings for Streetscape improvements to the east side of North Columbia Street between Franklin and Rosemary Streets and to the North side of East Franklin Street from McAlister’s Deli to Henderson Street.  He said there was $275,000 remaining from the current appropriation, and the two pieces of construction, using Public Works employees, would cost about $85,000.

MAYOR PRO TEM PAVĂO MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT RESOLUTION 14.

COUNCIL MEMBER EVANS OFFERED A  “FRIENDLY” AMENDMENT TO LOOK INTO THE IDEA OF PLACING THE NEWSPAPER RACKS ON SOUTH COLUMBIA STREET NEXT TO THE PARKING LOT, WITH ADVERTISING ON THE BACK, FACING THE LOT.

This was acceptable to the mover and seconder.

THE MOTION WAS ADOPTED UNANIMOUSLY, AS AMENDED (9-0).

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO PREPARE WORKING DRAWINGS FOR IMPROVEMENTS TO the east side of North Columbia Street between Franklin and Rosemary Streets and to the North side of East Franklin Street from McAlister’s Deli to Henderson Street; Discuss construction plans with affected property owners and merchants; and Schedule construction to begin in May of 2001 (2000-12-11/r-14)

WHEREAS, the Council adopted the Downtown Streetscape Master Plan as part of the Town’s Comprehensive Plan; and

WHEREAS, $85,000 currently exists in bond funding to implement a portion of the Streetscape Master Plan; and

WHEREAS, the Council has received a report from the Town Manager describing four alternative plans for possible construction by Town labor forces in 2001; and

WHEREAS, Town resources permit construction of only one of the four options within a summer construction period;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to prepare finished working drawings for improvements at the sites described as the first project presented in the preceding report, discuss these improvements with affected property owners and merchants, and proceed with construction in May of 2001.

BE IT FURTHER RESOLVED that this project include consideration of an experimental project to convert newspaper racks along Columbia Street into contained facilities to enhance appearance.

This the 11th day of December, 2000.

Item 10 – Downtown Street and Pedestrian Lighting Options

Public Works Director Bruce Heflin noted the background discussions for the proposals for installation of custom street and pedestrian lighting for the section of the 100 block of East Franklin Street where the utility duct bank is in place.  He said the Council, in November 1999, requested more information on two options: (1) that the poles and fixtures would be owned and maintained by Duke Power, and (2) that the same equipment would be owned and maintained by the Town of Chapel Hill.

Mr. Heflin said the staff concluded that the less expensive option would be for Duke Power to own and maintain the lights, and included the further attribute of maintenance being performed by Duke Power with their own equipment.  He said the total cost would be between $125,000-$140,000, which would be covered by the funds remaining in the current appropriations of $195,000.  Mr. Heflin said the staff proposed that the Town proceed with Duke Power to obtain the lighting and to proceed with further planning for additional lighting in future phases.  He expected that there would be enough money in the 2002 budget, to complete the construction and lighting on Franklin Street and North Columbia Street, if the Council approved the completion. He noted that future construction would have to await Council approval and appropriation of funds.

MAYOR PRO TEM PAVĂO MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT RESOLUTION 15.

Council Member Foy asked if the “mast arm signal system poles” mentioned on page 4 of the materials were the same as those pictured on page 21.  Mr. Heflin said it was similar, but that pictured on page 21 was a Duke Power standard pole, and the pole the staff was proposing was more attractive, yet the Town and Duke Power would still have to come to a consensus on the style.

Council Member Foy said he was concerned that a pole as ugly as the one pictured could be considered for Franklin Street.

Council Member Brown asked if the wires for the lighting would be placed underground, as the Council had been considering for future wire placement.  Mr. Heflin said that the area being considered already had underground conduit, part of the first phase of the construction, and the wiring would be placed underground.

Council Member Evans pointed out that there would be an issue with the Christmas decorations.  Mr. Heflin said he believed that problem could be solved with an external attachment to the pole.

THE MOTION WAS ADOPTED UNANIMOUSLY. (9-0).

 

 

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO initiate the formal process as specified by Duke Power Company to BEgin installing custom street and pedestrian lighting for a section of the 100 block of east franklin street where the utility duct bank is in place (2000-12-11/r-15)

WHEREAS, the Town Council adopted the Downtown Streetscape Master Plan as part of the Town’s Comprehensive Plan; and

WHEREAS, lighting improvements are a fundamental component of the Downtown Streetscape Master Plan; and

WHEREAS, $190,000 is currently available from the 1996 Streets and Sidewalks bond revenues to implement downtown lighting improvements; and

WHEREAS, long-term maintenance considerations make installation by Duke Power Company the more cost-effective option for a system of custom street and pedestrian lighting;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to initiate the formal process as specified by Duke Power Company to begin installing custom street and pedestrian lighting for the section of the 100 block of East Franklin Street where the utility duct bank is in place.

 

This the 11th day of December, 2000.

Item 11 – Report on Pay As You Throw Refuse Collection Options

Public Works Director Bruce Heflin highlighted the key issues addressed in the Report.  He said the staff believed that Pay As You Throw (PAYT) refuse collection could be implemented in Chapel Hill and waste reductions of 8-13% could be possible.  He said one of the guidelines was to keep the service simple and to minimize the administrative costs, therefore the staff recommended a tag or sticker system.  Mr. Heflin said there were implementation issues such as a public education process and some ordinance changes and timing, and it would be better to wait for a year or a year and one-half for implementation of the system.

Mr. Heflin said the major issue would be in the fees, and some of the issues were:

·        The basis of setting the fee (State law states that fees may only be set specifically for services that are delivered),

·        Total costs of collection most variable is disposal and incentive to reduce waste, and the tags could be priced to cover these costs—per tag $.40 to $2.00,

·        Effects of using fees on revenues and taxes need to be watched closely,

·        Effects on tax relief, and

·        Fee relief for low-income families

 

Mr. Heflin said another issue was what to do with the material that was diverted from the waste stream, since the original plan included the building of a Materials Recovery Facility (MRF), a voluntary recycling program, and either PAYT or mandatory recycling.  He said there were no present plans for expanded recycling plans or the building of a MRF.  Mr. Heflin said the staff believed that a prudent next step for the Council would be to initiate a discussion with the County Commissioners to ascertain if they could accept the additional materials in their recycling system and how they would accommodate that increase.

Howard Baldwin, a retired Public Works Department employee, said he was on the PAYT Committee and felt that PAYT was not necessary.  He said the Town’s taxes were enough to pay for services, and citizens should not have to pay additional fees to dispose of their waste.  Mr. Baldwin felt what was really needed was education regarding recycling.  He added that people who could not afford PAYT would dispose of their garage in dumpsters or in the woods.  Mr. Baldwin questioned where motorcycles would park, when Streetscape was completed.

COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBERS WARD AND BATEMAN, TO ADOPT RESOLUTION 16, WITH AN AMENDMENT TO READ “NOW THEREFORE BE IT RESOLVED, STARTING WITH NUMBER ONE, REPLACING THE LANGUAGE WITH ‘WHAT CHANGES, IF ANY, WOULD BE REQUIRED TO ACCOMMODATE SIGNIFICANT INCREASES IN QUANTITIES AND TYPES OF RECYCLABLES IF THE TOWN WERE TO ADOPT A PAY AS YOU THROW SYSTEM, AND, TWO, WHETHER THESE CHANGES COULD BE IMPLEMENTED OVER THE SEVERAL-YEAR PERIOD IN WHICH CHAPEL HILL WOULD IMPLEMENT PAYT THROUGH SUMMER OF 2002 AND EXPERIENCED MAJOR INCREASE IN RECYCLING, AND WHAT ISSUES NEED TO BE RESOLVED TO HAVE THE GREATEST SUCCESS  WITH THIS INCREASE.’”

Council Member Evans noted that if the Town had implemented a certain type of container for garbage collection, then there would not have to be implementation of a PAYT system.  She said a charge could be made for use of a second container.  Council Member Evans said the need for improvement in recycling was in multi-family residential and in commercial, not in single-family residences, where the residents were already recycling.  She suggested that the Town should look at a system that would only serve multi-family residences.  Council Member Evans said she believed this system would not help reduce taxes, but would, in fact, make it necessary to raise taxes.

Council Member Bateman asked Council Member Evans if she had changed her opinion on PAYT and the ultimate goal.  Council Member Evans responded said she would support a PAYT system if it were not centered on the single-family residences, and the ultimate goal should be for reduction of waste.

Council Member Wiggins called the question.

Mayor Waldorf noted a call from Alan Rimer, who was on the PAYT Committee, protesting that the Committee had been disbanded without finishing its work, and that the two components left unfinished were opportunities available in the commercial sector for recycling, and an assessment of the community to ascertain whether it was interested in a PAYT system.

Council Member Brown noted that the Council had given the PAYT Committee a very difficult task to be accomplished in a very short time period, and circumstances of the Town going to a mechanized collection took over the work of the Committee before it finished its task.

Council Member Wiggins called the question again.

THE MOTION, AS AMENDED, WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION REQUESTING THE BOARD OF COUNTY COMMISSIONERS OF ORANGE COUNTY TO ADVISE THE TOWN OF CHAPEL HILL ABOUT MATTERS RELATED TO RECYCLING (2000-12-11/R-16)

WHEREAS, the Council is interested in implementing a volume-based fee system, referred to as “Pay As You Throw” (PAYT), for residential refuse service; and

WHEREAS, increases in the quantities of residential refuse that are recycled are likely to result from such a program; and

WHEREAS, recycling services for jurisdictions within Orange County are provided by the Orange County Solid Waste Services Department;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council asks the Board of County Commissioners of Orange County to advise the Town 1) what changes, if any, would be required to accommodate significant increases in quantities and types of recyclables if the Town were to adopt a pay as you throw system, and 2) whether these changes could be implemented over the several-year period in which Chapel Hill would implement pay as you throw (through the summer of 2002) and experience a major increase in recycling (perhaps through 2004), and what issues would need to be resolved to have the greatest success with this increase.

This the 11th day of December, 2000.

Item 12 – Report on Preservation and Use of the

 Old Post Office Building

Mr. Horton said the Committee had reached some key conclusions:

·        Affirm the Council’s intent to preserve and maintain the Old Post Office building as an important community asset.

·        State the Council’s desire to maintain a U.S. Postal Service office in the building, and authorize the Manager to negotiate a new long-term lease with the Postal Service for consideration by the Council.

·        Call for continued use of the building by the District Court of the State of North Carolina.

·        Request that the Orange County Board of Commissioners and appropriate Court officials, in consultation with the Council, develop a long-term use plan for Court facilities at the Old Post Office; and, authorize the Old Post Office Committee to present the Resolution to the County Commissioners and to the Chief District Court Judge as a petition of the Council.

·        Authorize the Manager to determine an appropriate use for space on the lower floor that formerly was occupied by the District Attorney, with the understanding that long-term use of the space might revert to the Court or to the District Attorney.

·        State the Council’s intent to continue to provide space to the Franklin Street Teen Center unless the Council determines in the future that a more compelling community need requires the use of the space.

·        Direct the Manager to negotiate necessary arrangements with the Court, the Postal Service, and the Downtown Commission to allow installation of a Welcome Center in an area now used by the Postal Service, with final design details and other terms subject to approval by the Council; and, direct the Manager to negotiate a lease of such space with the Downtown Commission for consideration by the Council.

Council Member Foy thanked the Manager for his help to the Committee.  He noted that what the Committee was asking of the Council was for permission to go to the County Commissioners and present them with an invitation to locate public facilities and to use the building to encourage public participation, and that the area might also become a building site.  Council Member Foy added that there could be a possibility of connecting the building with the top of the parking deck, so it could be used as a public facility.

Council Member Wiggins thanked the Committee for their work, and accommodating the wishes of the Downtown Commission to put the Welcome Center in the lobby.

COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 17.

Council Member Bateman congratulated the Committee, especially for the fact that all entities had worked together.  She asked why, in the sixth bullet of the Resolution, the Teen Center had been specifically mentioned.  Council Member Foy explained that, except for the Post Office, it was the intent not to close off the occupancy options for the building.

THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION REGARDING PRESERVATION AND FUTURE USE OF THE OLD POST OFFICE (2000-12-11/R-17)

WHEREAS, the building and site at the northwest corner of East Franklin and Henderson Streets in downtown Chapel Hill is a valuable community facility and gathering place; and

WHEREAS, the Council of the Town of Chapel Hill desires to preserve, enhance and plan for the future use of this public asset;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby:

This the 11th day of December, 2000.

Item 13 – Recommendation to Purchase Property

Little Creek Property Acquisition as a Stormwater Management Conservation Area

Mr. Horton said it was a pleasure to bring this proposal before the Council and thanked Fred Royal and Bill Webster for their work on the proposal.

Assistant Town Manager Sonna Loewenthal presented the proposal to purchase the Little Creek Property, which is a 9.2-acre parcel at the confluence of Booker and Bolin Creeks, where Little Creek is formed.  She said it was wetlands, but there was some possibility of development from Emery Drive.  Ms. Loewenthal said the purchase price was $120,000, and $112,000 of allocated money from funds from the U.S. Department of Housing and Urban Development Disaster Recovery Initiative Grant would be used.  She said the Council was being asked to allocate approximately $8,000 from the 1996 Open Space Bond funds for the balance.  Ms. Loewenthal stated the land would be used only for open space or park land and would be called, in the records of the Town of Chapel Hill, “The Gattis-Whitfield Park and Conservancy.”

COUNCIL MEMBER STROM MOVED, SECONDED BY MAYOR PRO TEM PAVĂO, TO ADOPT RESOLUTION 18. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO SIGN AND EXECUTE THE ATTACHED CONTRACT AGREEMENT FOR THE NEAR 10-ACRE PROPERTY ACQUISITION ASSOCIATED WITH STORMWATER MANAGEMENT CONSERVATION AREAS (2000-12-11/R-18)

WHEREAS, the Chapel Hill Town Council is interested in improving and maintaining surface water quality including steams, lakes, and ponds; and

WHEREAS, the Council desires to mitigate flooding problems and protect sensitive riparian environments; and

WHEREAS, certain Stormwater Management Conservation Areas have been identified which should be protected and preserved to the extent possible in keeping with the Council’s objectives.

WHEREAS, upon purchase of the property by the Town, the property shall be named as “The Gattis-Whitfield Park and Conservancy” in the records of the Town of Chapel Hill.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to sign and execute the contract agreement between the Town of Chapel Hill and Henry A. Whitfield, Jr., Trustee for the approximate 9.2-acre parcel acquisition located on Little Creek, and to complete the closing on the purchase of the land.

 

BE IT FURTHER RESOLVED that the Manager is directed to utilize the HUD Disaster Grant of $112,000 and approximately $8,000 of the 1996 Open Space Bond Funds for the total purchase price of $120,000, and the costs of the appraisal and closing.

This the 11th day of December, 2000.

Mayor Waldorf thanked the Manager and the staff for all their patience and the creativity they had exhibited in this matter.

Purchase of Open Space on Erwin Road

Assistant Town Manager Sonna Loewenthal displayed a map showing the property in question, located along a branch of Dry Creek, and which was part of the Springcrest Development Phases 8 and 9.  She said that two greenways on the Greenways Plan ran through the parcel of land.  Ms. Loewenthal said that acquisition of the property would meet all of the objectives which the Council had set in September, and included:

·        Non-automobile community connectivity

·        Entranceway corridors

·        Environmentally sensitive area

·        Resource Conservation District land

·        Community open space and neighborhood open space 

Ms. Loewenthal said the staff believed that the price of just under $800,000 was favorable to the Town, and the staff recommended acquisition of the property.

MAYOR PRO TEM PAVĂO MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT RESOLUTION 19. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

RESOLUTION AUTHORIZING THE MANAGER TO USE TOWN OPEN SPACE BOND FUNDS FOR PURCHASE OF 34.572 ACRES OF PROPERTY WEST OF ERWIN ROAD AND SOUTH OF I-40 FOR $798,665 (2000-12-11/R-19)

WHEREAS, in November 1996, Chapel Hill voters approved $3,000,000 in general obligation bonds for purchase of open space; and

WHEREAS, in 1991, the Town of Chapel Hill, Orange County, City of Durham, and Durham County adopted the New Hope Corridor Open Space Master Plan, which identifies potential trails and areas to be protected along Dry Creek; and

WHEREAS, on June 23, 1997, the Council adopted the “Dry Creek Greenway Conceptual Report to the Town Council,” which set as a goal the construction of a trail along Dry Creek from East Chapel Hill High School to Eastowne; and

WHEREAS, on May 26, 1998 the Council adopted the “Chapel Hill Greenways Comprehensive Master Plan”, which includes a trail along Dry Creek; and

WHEREAS, the Town has been actively acquiring land along Dry Creek; and

WHEREAS, the Council has adopted as a guideline for purchase of land with the Open Space bond funds the preservation of:

-                     Non-automobile community connectivity

-                     Entranceway corridors

-                     Environmentally sensitive areas

-                     Resource Conservation District land

-                     Community open space and neighborhood open space

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is authorized to use Town 1996 Open Space bond funds for purchase of 34.572 acres of property located west of Erwin Road and south of I-40 from Springcrest Developers, Inc. (Springcrest Phases 8 and 9).

This the 11th day of December, 2000.

Council Member Strom asked if, in the future, there was development of a certain kind, such as the Dobbins Hills project, would the Town have any restrictions for tapping into the water and sewer lines in the area. Ms. Loewenthal said there was a sewer easement which went along Dry Creek at one of the boundary lines.

Mayor Waldorf said letters should be sent to the Parks and Recreation Commission and the Greenways Commission to ensure they know of the purchase of both properties.

Item 14 – Report on Cleland Drive PCS Antenna

Council Member Evans asked to be excused from the discussions, since her husband had held a position at the University of North Carolina related to this issue at the time the letters included in the memorandum were written.

Town Attorney Ralph Karpinos said that the report addressed the issue of whether rental payments received by the Town for a BellSouth PCS antenna on Cleland Drive should be transferred to the University of North Carolina.  He reported that the University had asked for these funds on the basis of their assertion that the antenna was on University property rather than Town right-of-way.  Mr. Karpinos said that the Town has not been provided by the University, nor had it been able to identify for itself, a clear legal or equitable basis under these particular facts and circumstances that would allow the Town to conclude without substantial reservation that the University should receive all the revenues which the Town had collected from BellSouth PCS.  Mr. Karpinos said the staff recommended that the Council adopt a resolution authorizing the Mayor to write a letter to the Chancellor indicating the Town’s position on the issue and sending him a copy of the staff report.

Council Member Bateman asked if all the discussion was through the mail.  Mr. Karpinos said he had had a conversation with a member of the University legal staff.  Mr. Horton reported a brief conversation with a couple of the University employees.  He said that everybody was acting in good faith, but there had been no resolution of the issue.  Mr. Horton said he believed that the Mayor and the Chancellor should take the lead on getting the issue resolved.

Council Member Bateman asked if the surveys showed different cases of whether the land was on public or private land.  Mr. Karpinos said there were indications in the record that the antenna was on private property, and other indications that it was on public right-of-way.

Council Member Bateman said she was disappointed that, if it had been a mistake, the University should take a stand that all past funds must be repaid.  She pointed out the mistake made by the University when it cut down the trees on South Columbia Street, and the Town accepted this and the two parties moved forward.

Council Member Strom asked Mr. Karpinos to explain the connection between the $50,000 the University was withholding for the 15-501 study and the antenna.  Mr. Karpinos said he did not see any connection between the study and the income from the antenna.

Council Member Ward suggested that the University could be told that it must pay for services provided by the Town in the Cleland Drive area.  He asked if the staff had established a value of these services over the lifetime of the issue. Mr. Horton said it had not been established, and he hoped the issue could be resolved without resorting to that.

MAYOR PRO TEM PAVĂO MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT RESOLUTION 20A. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION STATING THE TOWN’S POSITION THAT CLELAND DRIVE IS A PUBLIC STREET AND REQUESTING PAYMENT BY THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL OF ITS SHARE OF THE 15-501 STUDY (2000-12-11/R-20a)

BE IT RESOLVED by the Council of the Town of Chapel Hill as follows:

            a)  It is the Town Council’s position and belief that Cleland Drive has been established as a public street; and

            b) The Town should keep the revenue from BellSouth PCS as lease payments for the antenna on Cleland Drive.

BE IT FURTHER RESOLVED that the Council requests that the University forward to the Town the University’s $50,000 contribution to the 15-501 Major Investment Study previously pledged and formally acknowledge the status of Cleland Drive as a town maintained public street, the right of way for which includes the site of the BellSouth PCS antenna and equipment.

BE IT FURTHER RESOLVED that the Mayor is requested to forward a copy of the December 11, 2000, report of the Manager and Attorney on this subject together with a copy of this resolution, to the Chancellor of the University of North Carolina of Chapel Hill.

This the 11th day of December, 2000.

Item 15 – Appointments

Parks and Recreation Commission                    Betty Smith

Parks and Recreation Commission

Council Members

Applicants

Waldorf

Bateman

Brown

Evans

Foy

Pavăo

Strom

Ward

Wiggins

TOTAL

Betty Smith

   

X

X

X

X

 

X

 

5

Tamea Stewart

X

X

       

X

 

X

4

Joyce Robson Trout

                 

0

Malcolm White

                 

0

Board of Adjustment                                        George Chescheir

Board of Adjustment

Council Members

Applicants

Waldorf

Bateman

Brown

Evans

Foy

Pavăo

Strom

Ward

Wiggins

TOTAL

George “Chip” Chescheir

X

X

X

X

X

X

X

X

X

9

Southern Community Park                                Elizabeth Branch

H. Coleman Day

Jim Earnhardt

Scott Madry

Douglas Ostenek

Michael Ullman

Southern Community Park Conceptual Plan Committee

Council Members

Applicants

Waldorf

Bateman

Brown

Evans

Foy

Pavăo

Strom

Ward

Wiggins

TOTAL

Eve Barkley

       

X

       

1

Elizabeth Branch

X

X

X

X

X

X

 

X

X

8

Lynne Bresler

 

X

X

     

X

   

3

Judy Crook

           

X

   

1

H. Coleman Day

 

X

 

X

X

X

X

X

X

7

Jim Earnhardt

X

X

 

X

 

X

 

X

X

6

M.C. Flynn

   

X

       

X

 

2

Romeo “Chip” Fontaine

   

X

 

X

       

2

Edward Holshouser

X

X

   

X

       

3

Scott Madry

X

X

X

X

X

X

X

X

X

9

James McCallum

X

 

X

   

X

     

3

Douglas Ostenek

X

   

X

 

X

X

 

X

5

Gwynne Pomeroy

   

X

           

1

Karen Sapp

           

X

X

 

2

Pete Schwartz

                   

Michael Ullman

X

X

 

X

X

X

X

X

X

8

Council Member Bateman suggested that a formal letter be sent to persons not appointed. Town Clerk Joyce Smith said a policy had been established last winter that, as soon as appointments were made, persons who had applied and not appointed received a letter from her thanking them for their interest and telling them their applications would be kept on file for two years so that if a vacancy occurred they could come back for appointment.  She said those letters were usually sent out by Wednesday of the appointments made at the Monday meetings.

Item 16 – Petitions

1.  Dog Park Committee request for February 12 Public Forum.

Council Member Bateman said the Committee would be returning to the Council on January 22, 2001 with a follow-up report.

COUNCIL MEMBER FOY MOVED, SECONDED BY MAYOR PRO TEM PAVĂO, TO HOLD A PUBLIC FORUM ON FEBRUARY 12, 2001. THE MOTION WAS ADOPTED UNANIMOUSLY. (9-0).

2. Request for Additional Configuration for Weaver Dairy Road.

Council Member Brown read her petition:

 “This is to petition that the Council seek an additional configuration for Weaver Dairy Road to look at only select turn lanes at appropriate locations to ensure traffic safety and flow, similar to our decision at South Columbia Street.  I would like to include bicycle and sidewalk facilities in this configuration.”

Mayor Waldorf asked if it would be the Town staff or the NC Department of Transportation (NCDOT) staff who would do the configuration.  Mr. Horton said it would be the NCDOT staff.

Mayor Waldorf said she would vote against the petition because she did not think that it was a configuration that she would vote for and she felt it was not correct to ask the NCDOT staff to do a full-blown configuration that she felt they would not be willing to fund and build.

Council Member Brown said she wanted to have the same configuration requested by Council Member Ward, but without a median.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER FOY, TO ASK THE NCDOT FOR THIS CONFIGURATION.

Council Member Ward said he had requested a median to slow down traffic, to give bicyclists and pedestrians a refuge when crossing the road, and to give back some of impervious surface.

Council Member Brown said what she was trying to do was lessen the impact on the neighborhoods.

Council Member Ward asked what was being done about his suggestion to look into the road profile he had described.  Mr. Horton said it was forwarded along with the other requests to the NCDOT.

Mayor Waldorf said she thought the suggestion had gone to the Town staff.  Mr. Horton said he would get some clarification as to where the suggestion had been referred.

Council Member Bateman asked why Council Member Brown wanted to have her configuration instead of Council Member Ward’s.  Council Member Brown said that Council Member Ward’s had a straight median.

Council Member Ward said there would be some limited turn lanes through the median.

Mayor Pro Tem Pavăo suggested getting a clarification on Council Member Ward’s proposal before the Council acted on Council Member Brown’s proposal.

COUNCIL MEMBER BROWN WITHDREW HER MOTION, WITH THE UNDERSTANDING THAT IT WOULD BE RECONSIDERED AT A LATER TIME.

3. Information regarding Recycled Products Purchasing Cooperative.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER WARD, TO PETITION THE COUNCIL TO REQUEST THAT THE STAFF LOOK INTO WHETHER THERE WOULD BE FINANCIAL BENEFITS TO THE TOWN TO JOIN THE RECYCLED PRODUCTS PURCHASING COOPERATIVE AND REPORT BACK TO THE COUNCIL ON THIS PROGRAM DURING THE UPCOMING BUDGET DISCUSSION.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

COUNCIL MEMBER BROWN MOVED, SECONDED BY MAYOR PRO TEM PAVĂO, TO PETITION THE COUNCIL TO REQUEST THE STAFF TO REPORT TO THE COUNCIL ON PROGRESS MADE ON PREVIOUS REQUESTS TO ORANGE COUNTY, AS WELL AS CARRBORO, CITY SCHOOLS AND OWASA, FOR JOINT PURCHASING ARRANGEMENTS, AS WELL AS JOINTLY HIRING A NEW ENERGY EMPLOYEE TO LOOK AT WAYS TO CONSERVE ENERGY WITH SALARY BEING CONTINGENT ON ENERGY SAVINGS.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Mayor pro tem Pavăo said that his term as a Council representative on the Visitor’s Bureau ended Wednesday and requested that the Council appoint Council Member Evans as the Council’s representative.

MAYOR PRO TEM PAVĂO MOVED, SECONDED BY COUNCIL MEMBER WARD, TO APPOINT COUNCIL MEMBER EVANS AS THE COUNCIL’S REPRESENTATIVE ON THE VISITOR’S BUREAU.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

MAYOR PRO TEM PAVĂO MOVED, SECONDED BY COUNCIL MEMBER WARD TO ADJOURN THE MEETING.  THE MOTION WAS ADOPTED UNANIMOUSLY. (9-0).

The meeting was adjourned at 10:29 p.m.