SUMMARY MINUTES OF A BUSINESS MEETING
OF THE CHAPEL HILL TOWN COUNCIL
MONDAY, NOVEMBER 10, 2003 AT 7:00 P.M.
Mayor Kevin Foy called the meeting to order at 7:00 p.m.
Council members present were Flicka Bateman, Pat Evans, Ed Harrison, Mark Kleinschmidt, Dorothy Verkerk, Jim Ward and Edith Wiggins.
Council Member Bill Strom was absent, excused.
Staff members present were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Town Attorney Ralph Karpinos, Transportation Administrative Analyst Bill Stockard, Planning Director Roger Waldon, Engineering Director George Small, Traffic Engineer Kumar Neppalli, Stormwater Engineer Fred Royal, and Town Clerk Joyce Smith.
Item 1 - Ceremony: Recognition of Community in Schools Program
Mayor Foy introduced Sheila Sholes-Ross, who represented Community in Schools (CIS) of Orange County. Ms. Sholes-Ross gave an update on CIS, which is a non-profit organization that began in 1993 for the purpose of reducing the school dropout rate in Orange County. CIS connects community resources to children who have been identified as having problems that hinder them from learning, she said.
Ms. Sholes-Ross explained that CIS provided services to 1,785 at-risk students last year, 98% of whom passed their end-of-grade tests. She pointed out that there were approximately 200-250 non-profits in Orange County and suggested that better collaboration was needed to enhance benefits to school age children. Ms. Sholes-Ross proposed that CIS could help facilitate discussions among Chapel Hill, Carrboro, and Orange County to find better ways of connecting services to students and families.
Item 2 - Public Forum to Consider a Potential Change in Cablevision
Public Access Fees Paid by Cable Television Customers
Mr. Horton introduced Transportation Administrative Analyst Bill Stockard, who explained that tonight's forum was to receive public comment on adjusting the 71-cents per month fee to as much as 72-cents per month. These fees support The People’s Channel, who operate the public access channel through an agreement with the Town. After tonight's forum, Mr. Stockard said, the staff would return on November 24th with a follow-up report for possible Council action.
Paul Joffrion, who coordinates "In Praise of Age" on The People's Channel, spoke in support of the fee increase. "In Praise of Age" is a weekly show that examines the interests of seniors in the Orange County viewing area, he said. Mr. Joffrion told Council members that he had been impressed by the breadth of what The People's Channel accomplishes and by the way its interns reach out to individuals from all backgrounds and include them in programming. The People's Channel depends on volunteers and donations, he said, but noted that these can go only so far. Mr. Joffrion explained that the studio needed to replace and update equipment in order to be inclusive and to continue producing good programming.
Bob Gwyn, retired The People's Channel president, thanked the Town staff for helping over the years to make The People's Channel what it is today. He commented on the impressive variety of viewers that The People's Channel serves, but pointed out that it was becoming difficult to schedule time in the studio due to the large volume of requests for equipment. The People’s Channel needs to find funding to support repairs and purchase new equipment, Mr. Gwyn said. He thanked Council members for their kindness and understanding.
Brenda Risch, president of The People's Channel board, commented that previous increases had been tied to the inflation rate. But The People Channel's growth had outpaced inflation, she said, noting that they would be offering several courses taught by professionals. Ms. Risch mentioned an increase in Spanish-speaking programming and more outreach to local youth. This new use puts a lot of strain on equipment and the station needs funds to repair and replace it, she explained.
Roland Giduz, a volunteer and past Board member, noted that The People's Channel had steadily improved over its seven years, not just technically but in the importance of its projects. He remarked that The People’s Channel was in the spirit of Chapel Hill. Its one credo is "freedom of speech," Mr. Giduz said, adding that anything legal and technically presentable must be aired. He pointed put that many programs had been about Town government, such as the dedication of Town Hall, a video tour of the Town transportation facility, an explanation of the landfill, and programs and exhibits at the Chapel Hill Museum. The People's Channel was making a positive contribution to the ongoing life of the people of Chapel Hill, Mr. Giduz said.
Rossana Arteaga, host of Entrada Libre, spoke about the opportunity The People's Channel offers the local Latino community. Her show travels around North Carolina and tries to show Latino youth what they can do for entertainment in a good way, she said. Ms. Arteaga said that The People's Channel had given Latinos an opportunity to share information about the local culture, but that they definitely need more help to continue doing so.
Emmanuel Quintero, co-host of Entrada Libre, thanked Council members for the opportunity to reach Latino youth and show them things that they might otherwise not have known about. He said that Entrada Libre presents the area's best restaurants and entertainment. It tries to let everybody know that Chapel Hill is not a small town and that there are many things to do that are reachable and not expensive, Mr. Quintero said. He added that many of the things that they do on the show comes out of their own pockets, however. Even though producing the show is fun, they need a little more help, Mr. Quintero said.
MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER VERKERK, TO RECEIVE AND REFER COMMENTS TO THE MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0)
Item 3 - Petitions by Citizens and Announcements by Council Members
3a. Petitions by citizens on items not on the agenda.
3a(1). Will Raymond regarding the Chapel Hill SafeLight Program.
Mr. Raymond thanked Mayor Foy, the Council, and the Town Manager for the patience and courtesy they had shown him over the past 18 months and for redirecting the staff and ACS to answer questions that he and others had brought before the Town. He requested, however, that the staff answer his questions "fully, specifically, and with verifiable detail." Until that has been done, Mr. Raymond asked that the Council to:
· suspend enforcement at the two covered intersections;
· not enable the cameras at Europa Drive/US 15-501;
· finish current studies and implement, as per the ITRE recommendation, traditional fixes at problem intersections;
· and, defer any additional deployments or substantive changes until February 2004.
Mr. Raymond gave examples of incidents in California that had prompted some of his questions. He juxtaposed those examples with staff comments that his questions were "hypothetical." Mr. Raymond described some of the staff's other answers as "rather disturbing" and asked Council members to read his supporting material.
MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, TO RECEIVE THE PETITION. THE MOTION WAS ADOPTED (5-3) WITH COUNCIL MEMBERS BATEMAN, VERKERK, FOY, EVANS AND WIGGINS VOTING AYE AND COUNCIL MEMBERS KLEINSCHMIDT, WARD AND HARRISON VOTING NAY.
Mayor Foy explained that the Council had received the petition, and no further action would be taken.
3a(2). Laurin Easthom regarding the Work Session on Carolina North and Horace Williams.
Ms. Easthom requested that language precluding the creation of an automobile corridor into Homestead Road at Weaver Dairy Extension be introduced at the Council's November 17, 2003 work session. There were major drawbacks to creating a major new automobile thoroughfare through a residential area, she said. Ms. Easthom asked Council members to remember the people in the neighborhoods. The Town Council is all they have to help them as Carolina North develops, she said.
Mayor Foy ascertained from Mr. Horton that this would come back for consideration at the Council's November 17, 2003 work session if the Council referred it tonight.
MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO RECEIVE AND REFER THE PETITION TO THE MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
3a(3). Lee Scott, President, Oaks II Homeowners Association, regarding traffic calming devices on Pinehurst Drive and Lancaster Street.
COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER KLEINSCHMIDT, TO RECEIVE AND REFER THE PETITION TO THE MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0)
3a(4). David Lasier, ClearSKY Networks, regarding wireless Internet providers exempt from Cellular and Telecom regulations.
COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER KLEINSCHMIDT, TO RECEIVE AND REFER THE PETITION TO THE MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
3a(5). Ed Kerwin, Executive Director, OWASA, regarding a request for expedited treatment of a Special Use Permit (SUP).
Mr. Kerwin requested expedited treatment of the SUP for improvements at OWASA's Mason Farm Wastewater Treatment Plant. He noted that OWASA already had made a presentation regarding this.
Mayor Foy determined that Mr. Kerwin had provided the staff with the necessary information.
MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO RECEIVE AND REFER THE PETITION TO THE MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
3a(6). Jeremy Salemson regarding traffic calming on Nottingham Drive.
COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER WARD, TO RECEIVE AND REFER THE PETITION TO THE MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
Council Member Ed Harrison determined that the staff would add tonight's petitions on traffic calming to the long list of other traffic-calming requests to be addressed at the Work Session on November 24, 2003. He asked how the staff would handle all of those. Mr. Horton replied that the purpose of listing them was to remind the Council of how extensive interest in traffic calming was and of the limitation of the Council's budget. He commented on the difficulty of deciding how to proceed when there are so many requests. The staff would recommend some policy options that might be used to help set priorities on traffic-calming projects and the use of traffic-calming funds, Mr. Horton said.
3a(7). Lewis Woodham regarding safety on Weaver Dairy Road.
Mr. Woodham presented data in support of placing a traffic light on Weaver Dairy Road at the entrance to the Carol Woods Retirement Community. Mayor Foy thanked Mr. Woodham for his useful work.
MAYOR PRO TEM EVAN MOVED, SECONDED BY COUNCIL MEMBER WARD, TO RECEIVE AND REFER THE PETITION TO THE MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
3b. Petitions by citizens on items on the agenda.
3b(1). Petition from Nicholas Luree regarding the Bicycle Facilities Policy.
Council Members agreed by consensus to refer this to agenda item #8.
3c. Announcements by Council members.
Mayor pro tem Pat Evans announced that UNC had won an award for its sustainable policies from Save Our State. It was outstanding that the University had been recognized in this way, she said.
Item 4 - Consent Agenda
MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER VERKERK, TO ADOPT R-1. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES (2003-11-10/R-1)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the following resolutions and ordinances as submitted by the Town Manager in regard to the following:
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a. |
Nominations to Various Boards and Commissions (R-2). |
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b. |
Voluntary Annexation of Avalon Park (O-1). |
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c. |
Reimbursement Resolution for Town Operations Center Capital Project (R-3). |
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d. |
Request for Expedited Processing of Special Use Permit Application for Eastgate Shopping Center (R-4). |
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e. |
Response to Petition regarding the Orange Community Housing and Land Trust (R-5).
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This the 10th day of November, 2003.
A RESOLUTION NOMINATING APPLICANTS TO VARIOUS ADVISORY BOARDS AND COMMISSIONS (2003-11-10/R-2)
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 or commission:
Housing and Community Development Advisory Board
Sarah Donahue
Evangelee Shuler
Transportation Board
Morgan Metcalf
This the 10th day of November, 2003.
AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA (2003-11-10/O-1)
WHEREAS, the Council of the Town of Chapel Hill has been petitioned by Accord Contractors and Developers under G.S. 160A-31, as amended to annex the area described herein; and
WHEREAS, the Town Clerk has certified the sufficiency of said petition and a public hearing on the question of this annexation was held at the Chapel Hill Municipal Building, 306 North Columbia Street, Chapel Hill, N.C., 27516 at 7:00 p.m. on October 20, 2003 after due notice by publication on October 5, and October 12, 2003; and
WHEREAS, the Council does hereby find as a fact the petition meets the requirements of G.S. 160A-31, as amended; and
WHEREAS, the Council further finds that the public health, safety and welfare of the Town and of the territory proposed for annexation will be best served by annexing the territory described herein.
NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill:
SECTION I
By virtue of the authority granted by G.S. 160A-31, as amended, the following described territory is hereby annexed and made a part of the Town of Chapel Hill as of December 31st 2003:
The parcel of land 4.646 acres located east of the intersection of Homestead and High School Roads, being all of Lot 3 as shown on plat survey by Jack R. Thomason, PLS, entitled “Recombination Plat for Lots 1A, 1B, 2,3”, dated 10/05/98 and recorded in Plat Book 83, Page 122, Orange County Registry. Tax Map 7.109..9P, and as shown on the Map accompanying the Manager’s Memorandum to Council of November 10, 2003.
SECTION II
Upon and after 11:59 p.m. December 31st 2003, the effective date of this annexation, the above described territory and its citizens and property shall be subject to all debts, laws, ordinances and regulations in force in the Town of Chapel Hill and shall be entitled to the same privileges and benefits as other parts of the Town of Chapel Hill. Said territory shall be subject to municipal taxes according to G.S. 160A-58.10.
SECTION III
The Manager of the Town of Chapel Hill shall cause to be recorded in the office of the Resister of Deeds of Orange County, and in the office of the Secretary of State at Raleigh North Carolina,
an accurate map of the annexed territory, described in Section I above, together with a duly certified copy of the ordinance. Such map shall be delivered to the Orange County Board of Elections, as required by G.S. 163-288.1.
SECTION IV
The Manager of the Town of Chapel Hill shall cause such payments as may be required to be made to the volunteer fire department priorly serving the annexed territory, described in Section I hereof, in accord with G.S. 160A-31.1.
This the 10th day of November, 2003.
A RESOLUTION DECLARING OFFICIAL INTENT TO REIMBURSE EXPENSES FOR THE PROPOSED TOWN OPERATIONS CENTER CAPITAL PROJECT FROM A FINANCING CONTRACT (2003-11-10/R-3)
WHEREAS, the Town of Chapel Hill desires to construct certain Town facilities through use of an installment contract such as Certificates of Participation (the Borrowing); and
WHEREAS, the Town has determined that the construction of a Town Operations Center is needed to provide essential Transit, Public Works and Public Housing maintenance services for the citizens of Chapel Hill; and
WHEREAS, the Town proposes to finance the construction of the Town Operations Center through an installment contract such as the issuance of Certificates of Participation that spreads the cost of the Project over a twenty to thirty year period.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that, pursuant to the requirements of the United States Treasury Regulations Section 1.150-2, that the Council intends this resolution to constitute a Declaration of Official Intent to Reimburse under such Treasury Regulations Section.
BE IT FURTHER RESOLVED that:
BE IT FURTHER RESOLVED that the Council authorizes the Town Clerk to certify a copy of this resolution for the N. C. Local Government Commission.
This the 10th day of November, 2003.
A RESOLUTION DIRECTING EXPEDITED PROCESSING IN THE REVIEW OF A SPECIAL USE PERMIT MODIFICATION APPLICATION FOR THE BP/AMOCO GAS STATION AT EASTGATE SHOPPING CENTER (2003-11-10/R-4)
WHEREAS, the Town Council has received a petition from Federal Realty Investment Trust for expedited processing of a Special Use Permit Modification application seeking approval of a change in use at the BP/Amoco gas station at Eastgate Shopping Center; and
WHEREAS, the petition indicates that a change in use to a general/convenience type business is proposed; and
WHEREAS, the Town Council finds that there is a public interest associated with removing a fuel station from the Booker Creek floodway/floodplain;
WHEREAS, the property has soil/ground water contamination associated with the gas station use as documented with the North Carolina Department of Environment and Natural Resources (NCDENR).
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is directed to expedite processing of a Special Use Permit Modification application at Eastgate Shopping Center that proposes the removal of the BP/Amoco gas station next to East Franklin Street in a manner that will speed review without sacrificing breadth or depth of analysis upon demonstration that the property owner has
The resolution includes a condition that would require that the property owner be responsible for the following, prior to submitting a Concept Plan application:
The two statements must be provided to the Town Manager prior to initiation of the Concept Plan review process for the development proposal. Failure to submit these statements in accordance with these terms shall void this approval of expedited processing.
This the 10th day of November, 2003.
A RESOLUTION ENDORSING THE MISSION STATEMENT, GUIDING PRINCIPLES AND ORGANIZATIONAL GOALS ADOPTED BY THE BOARD OF DIRECTORS OF ORANGE COMMUNITY HOUSING AND LAND TRUST (2003-11-10/R-5)
WHEREAS, the Town has made commitments to the promotion of low- and moderate-income housing opportunities, in the form of statements in its Consolidated Plan and Comprehensive Plan; and
WHEREAS, the Council annually provides funding assistance to Orange Community Housing and Land Trust to carry out the Town’s commitment to promote low- and moderate-income housing opportunities; and
WHEREAS, on October 8, 2003, Orange Community Housing and Land Trust requested that the Council endorse the organization’s mission statement, guiding principles and organizational goals.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council endorses the mission statement, guiding principles and organizational goals adopted by the Board of Directors of Orange Community Housing and Land Trust dated June 11, 2003.
This the 10th day of November, 2003.
Item 5 - Information Items
Council Member Flicka Bateman removed 5i, Report on Use of the Council Chamber.
With regard to 5f, Report on Possible Revisions to the Land Use Management Ordinance, Council Member Wiggins mentioned that two citizens had told the Council about costs connected with getting stormwater analysis and fee surveys for small projects. She asked if that had been addressed in the report. Mr. Horton replied that the topic was so obscure it would be worth adding it in a clear fashion so that the Council could deal with it.
Council Member Bateman asked Mr. Horton to fold into that topic the issue of the fairly elaborate process and expense that people had gone through to screen in a deck.
Mayor Foy wondered if it would be useful to establish a user’s advisory group to help the staff work through some of these difficulties. He said that he had heard complaints about some of the new forms being too confusing. Mr. Horton agreed to add that to the list.
COUNCIL MEMBERS RECEIVED INFORMATION ITEMS WITH 5i REMOVED.
Item 6 - Continuation of Public Hearings on Applications for a
Zoning Atlas Amendment and a Special Use Permit for Rusch Hollow
Town Planning Director Roger Waldon explained that this was a pair of Habitat for Humanity applications that had come back from a public hearing and a joint public hearing. He would present both together, he said, and suggested that the applicant and others be allowed to comment on them together as well. Mr. Waldon explained that each public hearing would need to be closed separately and each item voted on separately.
With regard to the rezoning application, Mr. Waldon explained that it was a three-acre property off Rogers Road and that the applicant had requested Residential Special Standard zoning and had expressed interest in providing affordable housing there. He said that the purposes of the Comprehensive Plan could be used as justification for approving the rezoning, since the reason the Council created that zone in the first place was to promote that kind of development. Mr. Waldon recommended that Council members approve the rezoning, but added that it would not become effective until Orange County approved it as well. Once the property is rezoned, Mr. Waldon explained, nothing further can happen to it until unless the Council approves a Special Use Permit. He pointed out that the SUP would not become effective until the rezoning was in effect.
Council Member Bateman asked when this item would be on Orange County's agenda. Mr. Waldon replied that it would be either December 9, 2003 or the third week in January 2004.
Council Member Bateman thanked Habitat for Humanity for finding the land and for providing this much needed commodity for the Community.
MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER VERKERK, TO CLOSE THE ZONING ATLAS AMENDMENT PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER VERKERK, TO ENACT O-2. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
AN ORDINANCE AMENDING THE CHAPEL HILL ZONING ATLAS FOR THE RUSCH HOLLOW NEIGHBORHOOD (2003-11-10/O-2)
WHEREAS, the Council of the Town of Chapel Hill has considered the application of the Habitat for Humanity Orange County Inc. to amend the Zoning Atlas to rezone property described below from Residential-1 to Residential-Special Standards-Conditional zoning, and finds that the amendment is warranted in order to achieve the purposes of the Comprehensive Plan;
NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill that the Chapel Hill Zoning Atlas be amended as follows:
That the portion of property identified as Chapel Hill Township Tax Map 23, Block D, Lots 14, 15, and 20, (PIN’s 9870424466, 9870539615, 9870536626) located on the east side of Rogers Road between Rusch Road and Purefoy Road, from Residential-1 to Residential-Special Standards-Conditional zoning. The description of the entire property is as indicated on the attached metes and bounds description.
SECTION II
That all ordinances and portions of ordinances in conflict herewith are hereby repealed.
SECTION III
That this ordinance shall become effective upon enactment by the County Board of Commissioners in accordance with the Joint Planning Agreement.
This the 10th day of November, 2003.
MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER KLEINSCHMIDT, TO CLOSE THE SPECIAL USE PERMIT PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER KLEINSCHMIDT, TO ADOPT R-8A. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
Council Member Ward asked what the procedure would be to add a stipulation with respect to the SUP. Town Attorney Ralph Karpinos replied that anyone who had voted in favor of the motion could ask that it be reconsidered.
Council Member Ward said he wanted to move to add the Transportation Board's and others' recommendation that Rogers Road have a 16-foot wide profile to accommodate bike facilities, rather than 14 feet. This might set a template for future road improvements as that area is developed, he said. Council Member Harrison said he would second that, noting that they were referring to stipulation #6 on page 55.
Mayor Foy asked Mr. Horton why he had recommended a 14-foot lane. Mr. Horton called on Mr. Waldon, who explained that the staff believed they were following the Council's policy, given the expected volume of traffic on Rogers Road. Mayor Foy determined from Council Member Ward that this would be a four-foot wide bicycle lane with a 12-foot travel lane (or 5 feet with and 11-foot travel lane). Council Member Ward explained that having a 14-foot bike lane probably would mean that it could not be striped for a bike lane.
Council Member Verkerk expressed concern about the traffic impact of having the road change width back and forth, since it would only increase along the new property's frontage. Council Member Bateman wondered what information had led the other boards to reach a conclusion that differed from the staff's. Council Member Ward explained that the staff had followed the current policy for bike facilities, which was wide outside lanes. He was looking forward to support on agenda item #8, he said, adding that widening this stretch would be a way to begin building infrastructure even though it might seem odd.
Mayor Foy determined from Mr. Waldon that a Council vote in support of this would mean the policy from then on would be for a 16-foot lane.
Council Member Wiggins asked how likely other areas on Rogers Road were to be widened to match this one. Mr. Waldon replied that the property immediately to the south would not come in for any more development applications. But the larger tracts up and down the road might, he said. Barring that, said Mr. Waldon, completion of a bike lane probably would be achieved as a Town or State project. Mr. Horton noted that the Town would need to work with Carrboro in that regard. Council Member Wiggins determined from Mr. Horton that this would increase the cost to Habitat for Humanity. But it would do so in a very minor way that would not be significant in the total scope of the project, he said.
COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER KLEINSCHMIDT, TO RECONSIDER R-8A. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER KLEINSCHMIDT, TO ADOPT R-8A WITH #6 AMENDED TO 16 FEET. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR RUSCH HOLLOW (2003-11-10/R-8a)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by Habitat for Humanity Orange County Inc. on property identified as Chapel Hill Township Tax Map 23, Block D, Lots 14, 15, and 20 (PIN’s 9870424466, 9870539615, 9870536626) if developed according to the site plan dated July 22, 2003 and conditions listed below, would:
1. That the use or development is located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;
2. That the use or development complies with all required regulations and standards of this Chapter, including all applicable provisions of Articles 3, and 5, the applicable specific standards contained in Supplemental Use Regulations (Article 6), and with all other applicable regulations;
3. That the use or development is located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and
4. That the use or development conforms with the general plans for the physical development of the Town as embodied in this Chapter and in the Comprehensive Plan.
BE IT FURTHER RESOLVED by the Council of the Town of Chapel Hill that it finds, in this particular case, that the following modification satisfies public purposes to an equivalent or greater degree:
1. Modification of Subsection 4.6.4 of the Land Use Management Ordinance to allow Town Manager approval, rather than Planning Board approval, of Minor Subdivision applications associated with this development.
Said public purposes being the time savings associated with a shorter review period to effect the recording of individual lots, given that the development proposal, including the subdivision of land, has been authorized with this approval by the Town Council.
BE IT FURTHER RESOLVED that this Resolution of Approval shall only be valid with the approval of a Zoning Atlas Amendment changing the zoning of the site listed above to Residential-Special Standards-Conditional, by both the Chapel Hill Town Council and the Orange County Board of Commissioners.
BE IT FURTHER RESOLVED that the Council hereby approves the application for a Special Use Permit for Rusch Hollow in accordance with the plans listed above and with the conditions listed below:
Stipulations Specific to the Development
1. That construction begin by November 10, 2005 (two years from the date of Council approval) and be completed by November 10, 2006 (three years from the date of Council approval).
2. Land Use Intensity: This Special Use Permit authorizes the creation of 14 residential lots, and land use intensity requirements and dimensional standards as specified below:
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Land Use Intensity / Dimensional Standards |
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No. of Residential Structures |
14 |
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Type/Number of Dwelling Units |
Single Family Use - 12 Dwelling Units Duplex Building- 2 Dwelling Units Tri-plex Building – 3 Dwelling Units |
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Min. Lot Size |
4,700 square feet |
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Min. Street Frontage |
65 feet |
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Max. Floor Area |
20,000 sq ft |
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Min. Recreation Area |
*7,500 square feet |
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Min. Lot Width |
65 feet |
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Min. Street Setback |
20 |
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Min. Interior Setback |
8 |
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Min. Solar Setback |
8 |
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Max. Impervious Surface |
44% |
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Max. Floor Area |
20,000 sq ft |
* That if determined necessary by the Town Manager, the Recreation Area may be reduce in square footage in order to accommodate design revisions to the stormwater management facility and/or preserve the wetlands area.
3. Internal Streets/Sidewalks: That all internal streets be built to Town standard, constructed in a 27 foot cross section, including curb and gutter, including a 5-foot wide sidewalk and three foot utility strip on one side of the road, within a 40 foot right-of-way. The sidewalk shall be provided on at least one side of all internal streets.
4. Construction in Wetlands: Construction of public or private improvements shall be prohibited on the portions of the wetlands within the proposed right-of-way in front of lots 10 and 11. Future construction of public or private improvements within this area shall be prohibited unless authorized by Council action.
5. Access to Lot 10 and 11: Access to lot 10 shall be through a private access easement across lot 11, unless the Town Council authorizes construction across the wetland area in front of lots 10 and 11.
6. Rogers Road Improvements: That improvement along the site’s Rogers Road frontage shall include a sidewalk and widening of the north bound roadway pavement width to 16 feet in order to accommodate a bicycle lane. These improvements shall be constructed within the Rogers Road right-of-way.
7. Dedicated Right-of-Way Recordation: That all required dedicated right-of-way, including additional right-of-way necessary for improvements along Rogers Road, shall be shown on a recorded final plat, subject to approval by the Town Manager prior to the issuance of a Zoning Compliance Permit. The dedicated right-of-way shall extend to a point one-foot behind the inside edge of the proposed sidewalk.
8. Direct Access Prohibited: That direct vehicular access be prohibited from Rogers Road and Rusch Road and that the access prohibition be identified on the final plans and plat.
Stipulations Related to Affordable Housing
9. Affordable Housing: That prior to Town approval of a plat for recordation of the new lots, the applicant shall provide, for Town Manager review and approval, deed restrictions guaranteeing the affordability component of the development. The deed restrictions must, at a minimum:
a. Include 100% of the housing units in Rusch Hollow as long-term affordable housing;
b. Offer for sale twelve of the units to households earning at or below 50% of the area median income. These 12 units must remain affordable for at least ninety-nine years;
c. Deed restrictions must require that the 12 units be sold over a 99 year period only to households that earn 80% or less than the area median income;
d. Provide five rental units for households at or below 50% of area median income, ensuring that they remain affordable over a 99 year period; and
e. That these restrictions shall be recorded and cross referenced on the final plat.
10. Homeowners’ Association: That a Homeowners’ Association shall be created that has the capacity to place a lien on the property of a member who does not pay the annual charges for maintenance of common areas or easements, however designated. The Homeowners’ Association documents shall be approved by the Town Manager prior to recordation at the Orange County Register of Deeds Office and shall be cross-referenced on the final plat.
11. Dedication and Maintenance of Common Areas: That the Rogers Road landscape bufferyard area, the recreation area and stormwater facility shall be deeded to the Homeowners’ Association. The deeds shall be reviewed and approved by the Town Manager and cross referenced on the final plan. Maintenance of the common areas shall be the responsibility of the applicant or a property/homeowners association. The Homeowners’ Association documents shall include a language addressing management and continual maintenance for the common areas.
Stipulations Related to Landscaping and Architectural Issues
12. Landscape Protection Plan: That a detailed Landscape Protection Plan, clearly indicating which rare and specimen trees shall 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.
13. Landscaping Plan: Bufferyard and Front Yard Tree Plan: That a detailed landscape plan including a Type “A” 20-foot wide landscape bufferyard along Rusch Road, a front yard tree planting plan, and landscape maintenance plan, be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The landscape plan shall indicate the size, type, and location of all proposed plantings.
14. Resource Conservation District Landscape Bufferyard: A minimum 6-foot wide landscape bufferyard, with trees, shall be provided on this proposed development site, between the Resource Conservation District area on the adjoining property to the east and the proposed stormwater management feature and recreation area. Existing vegetation may be used to satisfy the buffer requirement.
15. Tree Protection Fencing: That the limits of land disturbance with tree protection fencing, including off-site infrastructure construction associated with the 8-inch sewer main extension, shall be shown on the Landscape Protection Plan, to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
Stipulations Related to Environmental Issues
16. Permanent Retention Basin Installation:
a. Compliance with the Town’s Impervious Surface Limits shall be demonstrated with the provision of a permanent stormwater retention facility in accordance with the requirements of the Land Use Management Plan and Design Manual.
b. The property owner shall post a performance bond or other surety instrument satisfactory to the Town, in an amount approved by the Town Manager, to assure maintenance, repair, or reconstruction necessary for adequate performance of the engineered stormwater controls.
c. The Owners’ or Homeowners’ Association shall be responsible for arranging for annual inspections of all facilities by an appropriately certified engineer, to determine whether the facility and associated structures are operating acceptably according to design requirements, and to report findings of said inspections to the Town Manager, with such recommendations for maintenance or repair as may be warranted. Any needed repairs shall be completed within 120 days unless otherwise approved by the Town Manager. Restrictive covenants shall be recorded which identify these responsibilities of the Owners’ or Homeowners’ Association, including maintenance.
d. Maintenance of the facility shall be the responsibility of the applicant or a property/homeowners association. A maintenance plan shall be provided, to be approved by the Town Manager. The plans shall address inspection, maintenance intervals, type of equipment required, access, and related matters.
e. As part of every application for Final Plan Approval, Zoning Compliance Permit, and residential Building Permit, the applicant shall provide an up-to-date cumulative total for impervious surfaces in the particular sub-basin.
f. All sediment deposited in the ponds during construction activity on contributing sites must be removed before “normal” pond operation begins.
17. Steep Slopes: That each submittal for Final Plan approval shall include a plan showing lots and street segments on slopes of 10% or more, and indicating how the development and construction will comply with the steep slopes regulations in the Land Use Management Ordinance:
a. For slopes of 10 - 15%, site preparation techniques shall be used which minimize grading and site disturbance;
b. for slopes of 15 - 25%, demonstrate specialized site design techniques and approaches for building and site preparation; and
c. for slopes of 25% or greater, provide a detailed site analysis of soil conditions, hydrology, bedrock conditions, and other engineering or environmental aspects of the site.
Each Final Plan application shall demonstrate compliance with the steep slopes regulations in the Land Use Management Ordinance. The Town Manager shall decide if the proposed building and site engineering techniques are appropriate. These restrictions shall be referenced in the Homeowners’ Association documents.
18. Stormwater Management Plan: That prior to the issuance of a Zoning Compliance Permit the applicant shall submit a Stormwater Management Plan for review and approval by the Town Manager. The plan shall be based on the 1-year, 2-year, and 25-year frequency, 24-hour duration storms, where the post-development stormwater run-off rate shall not exceed the pre-development rate and the post-development stormwater runoff volume shall not exceed the pre-development volume for the local 2-year frequency, 24-hour duration storm event. Engineered stormwater facilities shall also remove 85% total suspended solids and treat the first inch of precipitation utilizing NC Division of Water Quality design standards.
19. Storm Drainageway Easement: That all stormwater management improvements, outside public right-of-way, shall be located inside reserved storm drainageway easements, per Town guidelines, to be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
20. Stormwater Operations and Maintenance Plan: That the applicant shall provide a Stormwater Operations and Maintenance Plan for all engineered stormwater facilities. We recommend that the plan include the owner's financial responsibility and include the maintenance schedule of the facilities to ensure that it continues to function as originally intended and shall be approved by the Town Manager, prior to the issuance of a Zoning Compliance Permit.
21. Wetlands Location: That the applicant submits Final Plans which show the location of State or federally regulated wetlands on the site. That any proposed disturbance of wetlands shall demonstrate compliance with applicable State and federal regulations.
22. State or Federal Approvals: That any required State or federal permits or encroachment agreements for development in the wetlands must be approved by the appropriate agencies and copies of the approved permits be submitted to the Town Manager prior to the issuance of a Zoning Compliance Permit.
23. Erosion Control: That a detailed soil erosion and sedimentation control plan, including provision for maintenance of facilities and modifications of the plan if necessary, be approved by the Orange County Erosion Control Officer and the Town Manager prior to issuance of a Zoning Compliance Permit. That a performance guarantee be provided in accordance with Section 5-97.1 of the Town Code of Ordinances prior to issuance of any permit to begin land-disturbing activity.
24. Silt Control: That the applicant takes appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.
Stipulations Related to Utility and Service Issues
25. Off-Site Sewer Construction: That approval of this Special Use Permit shall authorize the installation of the off-site sewer infrastructure.
26. Off-Site Sewer Easement: That off-site utility easements, authorizing the installation of the 8-inch sewer line shall be provided and approved by the Town Manager and OWASA and recorded at the Orange County Register of Deeds Office prior to the issuance of a Zoning Compliance Permit.
27. Resource Conservation District Boundaries: That the boundaries of any Resource Conservation District, including that associated with the off-site sewer improvements, shall be indicated on the final plans and final plat.
28. OWASA Easements: That easement documents as required by OWASA, and the Town Manager, be recorded concurrently with the final plat. That the final plat shall be approved by OWASA prior to Town Manager approval.
29. Utility/Lighting Plan Approval: That the final Utility/Lighting Plan be approved by Duke Power Company, Orange Water and Sewer Authority, BellSouth, Public Service Company, Time Warner Cable, and the Town Manager prior to issuance of a Zoning Compliance Permit.
30. Utility Line Placement: That all new utility lines shall be placed underground. The applicant shall indicate proposed off-site utility line routing and upgrades required to service the site on Final Plans, to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
31. Solid Waste Management Plan: That a Solid Waste Management Plan, including provisions for recycling, and for managing and minimizing construction debris and removal of existing residential debris piles, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
32. Fire Flow: That a fire flow report, shall be prepared and sealed by a registered professional engineer, and showing that flows meet the minimum requirements of the Town Design Manual, to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
33. Fire Hydrant Spacing: That maximum spacing between fire hydrants shall not exceed 500 feet, subject to approval by the Town Manager prior to issuance of a Zoning Compliance Permit.
34. Recreation Area Improvements: That the 7,500 square foot recreation area may include a picnic table and picnic shelter, or other recreational amenities deemed adequate by the Town Manager.
35. Wetlands Preservation: To minimize the impact of the development on the wetlands area, the 7,500 square foot recreation area may be decreased in size or eliminated. In-lieu of a recreation area, the area may be use for stormwater management, as a portion of a residential lot, or for any other design element deemed appropriate by the Town Manager as a means to preserve the wetlands.
36. Minor Subdivision Approval: That approval of the Minor Subdivision application creating the lots authorized with this approval shall be by the Town Manager rather than the Town Planning Board.
37. Construction Management Plan: That a Construction Management Plan, indicating how construction vehicle traffic will be managed, shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
38. Open Burning: That the open burning of trees, limbs, stumps and construction debris association with this development is prohibited unless it is demonstrated to the Town Manager or his designee that no reasonable alternative means are available for removal of the materials from the subject property. The Fire Marshall may establish safety standards, which must be met in order to receive a permit.
39. Detailed Plans: That final detailed site plans, grading plans, utility/lighting plans, stormwater management plans (with hydrologic calculations), and landscape plans and landscape maintenance plans be approved by the Town Manager prior to issuance of a Zoning Compliance Permit, and that such plans conform to the plans approved by this application and demonstrate compliance with all applicable conditions and the design standards of the Land Use Management Ordinance and the Design Manual.
40. As-Built Plans: That as-built plans in DXF binary format using State plane coordinates, shall be provided for street improvements and all other existing or proposed impervious surfaces prior to issuance of the first Certificate of Occupancy.
41. Certificates of Occupancy: That no Certificates of Occupancy shall be issued until all required public improvements are completed; and that a note to this effect shall be placed on the final plat.
42. 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.
43. Street Names and Addresses: That the name of the development and its streets and house numbers be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
44. Construction Sign: That the applicant shall post a construction sign that lists the property owner’s representative and telephone number, the contractor’s representative and telephone number, and a telephone number for regulatory information at the time of issuance of a Building Permit, prior to the commencement of any land disturbing activities. 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.
45. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
46. Non-severability: That if any of the above conditions is held to be invalid, approval in its entirety shall be void.
BE IT FURTHER RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the application for the Special Use Permit application for Rusch Hollow in accordance with the plans and conditions listed above.
This the 10th day of November, 2003.
Item 7 - Proposed Revisions to Stream Definitions and Field
Verification Criteria in the Land Use Management Ordinance
Mr. Horton stated that the key issue from the last discussion concerned a matter of policy about consultation. There were two different ways of doing that, he said. Mr. Horton recommended that the Council add it into the resolution, but noted alternative language that could be used to put it in the ordinance if the Council chose that approach.
Town Engineering Director George Small stated that the Committee's report provided a practical means of doing stream determinations. He suggested trying it for a year and then coming back and reporting to the Council on how well it is working. Mr. Small agreed with Mr. Horton that the key point was how to deal with appealed determinations at the Manager's level. He noted that Dr. Jim Gregory, from the NC State University Department of Forestry, and Dr. Larry Band, from the UNC Department of Geography, were both present. Town Stormwater Engineer Fred Royal was also available to answer technical questions, he said. Mr. Small recommended "rolling this one out and trying it."
MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER VERKERK, TO ENACT O-3. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
AN ORDINANCE AMENDING THE CHAPEL HILL LAND USE MANAGEMENT ORDINANCE REGARDING STREAM DEFINITIONS AND VERIFICATION CRITERIA (2003-11-10/O-3)
WHEREAS, the Council of the Town of Chapel Hill has been concerned about the Land Use Management Ordinance Resource Conservation District stream definitions and field verification criteria; and
WHEREAS, the Town Council finds that revision of the stream definitions and field verification criteria is desirable and that the amendments achieve the purposes of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill that the Council amend the Chapel Hill Land Use Management Ordinance as follows:
Section 1: Appendix A, Definitions, of the Land Use Management Ordinance is hereby revised to add and/or modify the following definitions as shown:
The top elevation of a stream’s current active channel.
A natural water-carrying trough cut vertically into low areas of the land surface by erosive action of concentrated flowing water or a ditch or canal excavated for the flow of water.
The most recent version of a document entitled “Town of Chapel Hill Design Manual”, which document is hereby incorporated by this reference.
A man-made channel other than a modified natural stream constructed for drainage purposes that is typically dug through inter-stream divide areas. A ditch or canal may have flows that are perennial, intermittent, or ephemeral and may exhibit hydrological and biological characteristics similar to perennial streams.
A well-defined channel that contains water for only part of the year, typically during winter and spring when the aquatic bed is below the water table. The flow may be heavily supplemented by stormwater runoff. An intermittent stream often lacks the biological and hydrological characteristics commonly associated with the continuous conveyance of water.
The 30-year average rainfall, updated each decade to the most recent 30-year period by the National Climatic Data Center.
A well-defined channel that contains water year round during a year of normal rainfall with the aquatic bed located below the water table for most of the year. Groundwater is the primary source of water for a perennial stream, but it also carries stormwater runoff. A perennial stream exhibits the typical biological, hydrological, and physical characteristics commonly associated with the continuous conveyance of water.
A natural or man-made basin that stores surface water permanently at depths sufficient to preclude growth of rooted plants, including lakes, ponds, and similar water features. For the purposes of this Section, the surface waters must be part of a natural drainageway (i.e. connected to a stream by a channel with intermittent or perennial flow). Perennial water bodies shall be those delineated on the Town’s Aerial Topographic Maps, subject to field verification.
A natural or vegetated area adjacent to streams and perennial water bodies through which stormwater flows in a diffuse manner, so that runoff does not become channelized and which provides for the infiltration of runoff and filtering of pollutants. The riparian buffer is measured landward (horizontal distance) from the stream bank on both sides of the stream or from the normal pool elevation of a perennial water body. The riparian buffer shall also “wrap around” the upstream end of the stream origin.
A body of concentrated flowing water in a natural low area or natural channel on the land surface.
The point on a stream’s cross-section defined by the bankfull elevation.
Any intermittent or perennial stream or modified stream or any perennial water body as defined herein.
Any natural or man-made conveyance of concentrated surface flow including: (1) any area of a perennial stream or regulatory flood plain which is inundated during the base flood discharge, (2) any intermittent or perennial stream, (3) any ephemeral stream or ditch that frequently transports stormflow, or (4) any perennial water body. “
Section 2. Section 3.6.3 (a) of the Land Use Management Ordinance is hereby revised to read:
“(a) Definitions and Rules of Interpretation
In the interpretation and application of this Article, all provisions shall be: (a) considered as minimum requirements, (b) strictly construed in favor of the public interest and community benefit, and (c) deemed neither to limit nor repeal any other powers provided by Town ordinance or State statute. The following terms and phrases, among others, shall have specific meanings for purposes of this Section, and are defined in Appendix A:
Ditch or Canal
Ephemeral Stream
Intermittent Stream
Land Disturbance
Modified Natural Stream
Obligate and Facultative Wetland Vegetation
Perennial Stream
Perennial Water Body
Riparian Buffer
Stream
Stream Bank
Stream Corridor
Streams subject to the provisions of this Article and Article 3.6.4 include those shown on the Town’s Geographic Information System (GIS) coverage, the most recent version of the US Geological Survey 1:24,000 scale (7.5 minute) topographic map, or the soils map in the US Department of Agriculture Orange County Soil Survey and shall be subject to field verification by the Town of Chapel Hill Engineering Department. The most current versions of the following documents shall be used to classify streams within the Planning Jurisdiction of the Town of Chapel Hill: (1) North Carolina Division of Water Quality “Stream Classification Form and Internal Guidance Manual” and (2) Town of Chapel Hill “Field Procedures for Classification of Streams”.”
Section 3. This ordinance shall become effective November 11, 2003.
This the 10th day of November, 2003.
COUNCIL MEMBER WARD MOVED, SECONDED BY MAYOR PRO TEM EVANS, TO ADOPT R-9. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
A resolution REGARDING THE VALIDITY PERIOD FOR STREAM DETERMINATIONS PERFORMED BY tOWN STAFF and regarding Town Manager review of stream determinations WITHIN THE TOWN’S PLANNING JURISDICTION (2003-11-10/R-9)
Whereas, the Council desires to enact revised stream definitions and verification criteria in the Chapel Hill Land Use Management Ordinance and to adopt related policy recommendations of the Technical Advisory Committee; and
WHEREAS, the Council desires to adopt the State of North Carolina Department of Environment and Natural Resources, Division of Water Quality “Stream Classification Form and Internal Guidance Manual” and the Town of Chapel Hill “Field Procedures for Classification of Streams” for use in determining the classification of streams and stream segments within the Town’s Planning Jurisdiction; and
WHEREAS, the Council desires to adopt a policy that stream determinations remain valid for a period of five years, unless changes in the watershed result in significant alteration of the characteristics of the stream such that a new determination is warranted; and
WHEREAS, the Council desires that the Town Manager, when circumstances warrant, solicit an advisory opinion from one or more experienced professionals when responding to appeals of stream determinations and related issues.
Now, therefore, be it resolved by the Council of the Town of Chapel Hill that the Council herewith establishes a five year validity period for all stream determinations performed by Town staff within the Town’s Planning Jurisdiction before a re-determination request will be considered, unless the stream characteristics are significantly altered as a result of changes in the watershed to the extent that a re-determination in less than five years is warranted.
BE IT FURTHER RESOLVED that the Council directs the Manager, in making a determination regarding the classification of any stream pursuant to Section 3.6.3 of the Land Use Management Ordinance, to consider the analysis presented to him by any interested party. Where the analyses presented by any party or parties and Town Staff indicate substantial conflicting evidence regarding the proper stream classification, the Manager may consult one or more independent persons with training and expertise in stream classification issues prior to making a final administrative decision. The Manager shall make a written report to the Council of any advice received as a result of such consultation.
BE IT FURTHER RESOLVED that the Council directs the Manager to report back to the Council within one year regarding the effectiveness of the policies and language revisions described herein and in the accompanying Ordinance.
This the 10th day of November, 2003.
Item 8 - Bicycle Facilities Policy (Council Members Ward and Harrison)
Mayor Foy described this item as a culmination of a great deal of effort on the part of many people.
Council Member Ward said the goal had been to come up with an ordinance that would give consistent guidance to Town staff as to what kind of bike facilities are appropriate. The main goal that he and Council Member Harrison had tried to achieve was to allow a greater degree of flexibility in making this determination based on the individual situation surrounding the road in question, he said. Council Member Ward explained that they had tried to come up with a resolution that was more context sensitive. He said that they had arrived at compromise language that would allow the staff to consider all types of facilities for bikes in order to make this a safe community for recreational and utilitarian bicycle use.
Mayor Foy thanked Council Members Ward and Harrison for their work. He pointed out that it took a lot of time and effort to arrive at something that everyone could agree on.
Transportation Board Chair Loren Hintz stated that the Board appreciated the efforts all had made and he praised the resolution before the Council.
Council Member Harrison noted that Council Member Ward had written the bulk of the resolution. He did not think this would change his life much as a bicyclist, he said, but it would allow the Council to think in context. Council Member Harrison noted that the State would decide what to do with the roads it owns regardless of the Council's policy.
MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER KLEINSCHMIDT, TO ADOPT R-10. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
A RESOLUTION ADOPTING A POLICY FOR THE CONSTRUCTION OF BICYCLE FACILITIES WITHIN THE TOWN (2003-11-10/R-10)
WHEREAS, it is the goal of the Town of Chapel Hill to accommodate the needs of existing bicyclists; and
WHEREAS, it is the goal of the Town of Chapel Hill to encourage greater use of bicycles as an alternative mode of transportation; and
WHEREAS, the Chapel Hill 2000 Comprehensive Plan includes the objective “develop and maintain a system of safe and efficient bikeways (on-street bike lanes and off-street paths within greenways) designed to contribute to Town-wide mobility, connecting neighborhoods with activity centers, schools, parks, and other neighborhoods”; and
WHEREAS, the Comprehensive Plan recommends the Town “adopt revised roadway standards incorporating on-street bike lanes, including a commitment to install bike lanes in roadway resurfacing projects where feasible; and
WHEREAS, variable circumstances exist in the Town of Chapel Hill such as topography, vehicle speed and volume, impediments such as parked vehicles, drainage grates or raised reflectors, access to public facilities and activity centers and available right of way.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill, that:
· Within the Planning Jurisdiction of the Town of Chapel Hill, the appropriate design, type and width of bicycle facilities will be assessed on an individual and site-specific basis depending on the circumstances that exist.
· Striped bicycle lanes will normally be provided on newly constructed or reconstructed Arterial Streets; however, when existing Arterial Streets that do not currently have bicycle lanes are resurfaced they will normally be re-striped with bicycle lanes to the extent practicable.
· Either striped bicycle lanes or wide outside lanes may be appropriate on Collector Streets depending on site specific circumstances.
· Local Streets will not normally include extra width for bicycle facilities.
BE IT FURTHER RESOLVED that the Council directs the Manager to utilize this policy in reviewing development plans and in the design of roadway improvements within the Chapel Hill Planning Jurisdiction.
BE IT FURTHER RESOLVED that the Bicycle and Pedestrian Action Plan include discussion of the type, design and width of bicycle facilities that may be appropriate for different streets within the Planning Jurisdiction of the Town of Chapel Hill. Until such time that the Action Plan is completed and adopted by the Town Council, Town staff shall recommend bicycle accommodations on a case by case basis and in accordance with this policy, subject to approval by the Town Council.
This the 10th day of November, 2003.
Item 9 - Allocation of Funds for Improvements to the Old Chapel Hill Cemetery;
Creating a Task Force to Plan Use of Funds
Mayor Foy explained that UNC would contribute $100,000 in addition to their work on the cemetery wall. The Town would contribute $50,000, he said. Mr. Horton recommended that the Council adopt the ordinance and authorize the staff to begin the improvement process so that it could receive applications for appointments to a task force. The ordinance would also authorize Mayor Foy to invite UNC Chancellor James Moeser to appoint persons to serve on the task force, he pointed out.
Mayor Foy recommended that a representative from the Gimghoul neighborhood be included on the task force. He also suggested that Council Member Verkerk represent the Council. Mayor Foy advised Council members to add those two slots without necessarily increasing the size of the task force.
Mr. Horton explained that there was a typo in the resolution. It was intended to say 10-12 members rather than 1-12, he said.
COUNCIL MEMBER KLEINSCHMIDT MOVED, SECONDED BY COUNCIL MEMBER BATEMAN, TO ADOPT R-11, AMENDED TO INCLUDE COUNCIL MEMBER VERKERK AS THE COUNCIL REPRESENTATIVE, RESERVE ONE SEAT FOR A RESIDENT OF THE GIMGHOUL NEIGHBORHOOD, UP TO HALF OF THE MEMBERS TO BE APPOINTED BY UNC, AND A CLERICAL CORRECTION CHANGING 1-12 TO 10-12 MEMBERS. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
A RESOLUTION DIRECTING THE TOWN MANAGER TO ADVERTISE THE AVAILABILITY OF APPOINTMENTS TO SERVE ON A JOINT TOWN AND UNIVERSITY TASK FORCE TO PLAN FOR THE USE OF THESE FUNDS (2003-11-10/R-11)
WHEREAS, the Council’s approval of the University’s revised master plan on August 26, 2003 included a stipulation calling for the Town to appoint members to a joint Town and University Old Chapel Hill Cemetery task force to be created to plan for the use of available funds; and
WHEREAS, the Council has considered the Town Manager’s recommendation to create a task force consisting of 10–12 members, with at least half appointed by the Council; and
WHEREAS, the Council seeks members of the public to serve on this task force; and
WHEREAS, the Council has determined that one member shall reside in the Gimghoul neighborhood and one shall be a member of the Council; and
WHEREAS, the Council has determined that Council Member Dorothy Verkerk will serve as its representative;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is authorized to advertise the availability of appointments to serve on a joint Town and University task force to be created to plan for the use of available funds for improvements to Old Chapel Hill Cemetery.
This the 10th day of November, 2003.
COUNCIL MEMBER KLEINSCHMIDT MOVED, SECONDED BY COUNCIL MEMBER VERKERK, TO ENACT O-4. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2003” (2003-11-10/O-4)
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, 2003” as duly adopted on June 9, 2003, be and the same is hereby amended as follows:
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ARTICLE I |
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APPROPRIATIONS |
Current Budget |
Increase |
Decrease |
Revised Budget |
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|
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GENERAL FUND |
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|
|
|
|
|
|
|
|
|
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Non-Departmental Transfer to Capital Improvement Fund
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1,170,000 |
50,000 |
|
1,220,000 |
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CAPITAL IMPROVEMENT FUND |
1,929,823 |
50,000 |
|
1,979,823 |
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|
|
|
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ARTICLE II |
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REVENUES |
Current Budget |
Increase |
Decrease |
Revised Budget |
|
|
|
|
|
|
|
GENERAL FUND Fund Balance |
2,456,198 |
50,000 |
|
2,506,198 |
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|
|
|
|
|
|
CAPITAL IMPROVEMENT FUND Transfer from General Fund |
1,170,000 |
50,000 |
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1,220,000 |
This the 10th day of November, 2003.
Item 10 - Appointments
a. Housing and Community Development Advisory Board. The Council appointed Sarah E. Donahue and Evangelee Shuler.
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Council Members |
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Housing and Community Development Advisory Board |
Foy |
Bateman |
Evans |
Harrison |
Kleinschmidt |
Strom |
Verkerk |
Ward |
Wiggins |
TOTAL |
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Sarah Donahue (Carrboro) |
X |
|
X |
X |
X |
A |
X |
X |
X |
7 |
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Evangelee Shuler (Public Housing) |
X |
X |
X |
X |
X |
A |
X |
X |
X |
8 |
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b. Transportation Board. The Council made no appointment because no one received a majority.
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Council Members |
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Transportation Board |
Foy |
Bateman |
Evans |
Harrison |
Kleinschmidt |
Strom |
Verkerk |
Ward |
Wiggins |
TOTAL |
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Gary Barnes |
|
X |
X |
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|
|
|
X |
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3 |
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Marie Eldridge |
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|
X |
X |
A |
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X |
3 |
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Leslie Johns |
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B |
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R. L. Juliano |
X |
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S |
X |
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2 |
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Gary Kayye |
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|
E |
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Christine Khoury |
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|
N |
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Morgan Metcalf |
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|
|
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|
T |
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Brandon Perkins |
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Brandon Rector |
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Item 11 - Petitions: None
Item 12 - Reserved for Discussion of Consent Agenda Items
With regard to 5i, Report on Use of the Council Chamber, Council Member Bateman ascertained that the policy applies to all meeting rooms and that the Town would not encourage a non-profit group to regularly use a meeting room, based on the policy. Council Member Bateman noted that the Land Trust had been allowed to meet at Town Hall as long as it was a task force but not after it became a board. She encouraged the Town to change that policy and allow non-profits the opportunity to meet on a routine basis unless it interferes with Town functioning, an advisory board, or Council/Town business.
Mr. Horton commented that the staff believed that would lead to all available spots being taken up by the same relatively small group of organizations. It would not allow for much flexibility, he said. Council Member Bateman suggested that the future Council look at this and determine how often allowing some groups to meet on a regular basis would lead to other groups being turned away. She pointed out that there was little available meeting space in Chapel Hill. The School System and the Human Services Department do allow others to use their buildings, Council Member Bateman pointed out.
Mayor pro tem Evans determined that The People's Channel could produce another segment showcasing Town Hall, if the Council so permitted. Mr. Horton commented that this was not his understanding of the present Council's desires. Mayor pro tem Evans suggested that a future Council might consider their request annually because it would be educational for the community.
Item 13 - Request for Closed Session to Discuss Property Acquisition,
Personnel, and Litigation Matters
COUNCIL MEMBER KLEINSCHMIDT MOVED, SECONDED BY COUNCIL MEMBER VERKERK, TO MOVE INTO CLOSED SESSION. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
The meeting adjourned at 8:14 p.m.