SUMMARY MINUTES OF A BUSINESS MEETING

OF THE CHAPEL HILL TOWN COUNCIL

MONDAY, FEBRUARY 11, 2001, 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, Bill Strom, Dorothy Verkerk, 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, Library Director Kathy Thompson, Finance Director Jim Baker, Interim Human Relations Director Anissa Graham-Davis, Planning Director Roger Waldon, Assistant Library Director Mark Bayles, Parks and Recreation Director Kathryn Spatz, Engineering Director George Small, Stormwater Engineer Fred Royal, Police Chief Gregg Jarvies, Transportation Planner David Bonk, Public Works Director Bruce Heflin, Urban Forester Curtis Brooks, and Town Clerk Joyce Smith.

 

Mayor Foy asked the Council if it would meet with their approval to discuss the budget concerns of managing the short-fall from the State, before they discussed the usual agenda for the meeting this evening.  The Council agreed by consensus.

 

Town Manager Cal Horton said that the total effect of the cuts for the Town of Chapel Hill would be in excess of $1 million, about $1.129 million.  He reviewed the effect that this would have on the Town’s budget, which had been prepared on prognostications of what monies could be reasonably expected from the State and based on revenues from the sales taxes which, due to the down-turn in the economy, were down considerably.  Mr. Horton said the Town was in a more drastic situation than it had faced since the Depression, and this would cause some drastic actions to be taken. He said that the Town was faced with a reduction of about $200,000 in sales tax collection.  Mr. Horton added that all together the staff had been looking at about $1.4 million in cuts in the operation budgets of the departments.  He said these cuts had been found in a variety of places for the Council’s consideration:

 

·        $360,000 from unallocated interest earnings in a variety of accounts, some of which would probably be used by the Council to expand projects funded by bond funds.

·        Use of reserves in other funds, including the equipment replacement fund, which will have an impact in the long-run, and short-run on Town finances.

·        Savings from a hiring freeze—$150,000, as positions come open and can be held open.

·        Reductions in a variety of operations and maintenance costs in several departments.

·        Postpone the reconstruction of Friday Center drive, saving $100,000 in this year.

·        These proposals were made to avoid drawing on the Town’s General Fund balance, because next year will be worse than this year because the rainy day fund would be gone.

 

Mr. Horton said the Council would need all the resources it had to meet the difficult challenges it would face, to be dealt with within the funds that the Council would be willing to raise by increasing taxes and from other sources.  He added that the Town would want to maintain a healthy fund balance so that when the Town did issue bonds it would continue to do so with a AAA bond rate, and there was always a possibility of a real emergency.  Mr. Horton said the staff would welcome any advice from the Council.

 

Mayor Foy said this all indicated that it would be very difficult for the Council to develop a budget for next year.  He said the Council needed to recognize that any decision made this evening would have a long-term impact.

 

Council Member Strom asked how flexible the Council could be in adjusting the budget as it went along.  Mr. Horton said there were some possibilities for adjustment.  He gave a few items as examples, adding the staff would try to keep the Council informed of any changes that might arise.

 

Council Member Strom asked Mr. Horton to speak of the thought process that the staff went through for their recommendations, especially the capital project like the police station.  Mr. Horton said the staff did not recommend diversion of the bond funds from their special purpose.  He said this would be restricted by law, and the interest earned on the bonds could be used for augmenting the funds from their initial sale to improve the projects.  Mr. Horton said the interest could be used to pay back the debt, which the staff recommended the Council do.

 

Council Member Strom asked if the staff recommended spending the entire fund balance, or portions.  Finance Director Jim Baker responded that it did include almost all the interest earned to date, some of which was earned in a prior year

 

Council Member Wiggins asked what vacant positions needed to be filled.  Mr. Horton said they were the Human Resources Director, the Administrative Secretary in the Planning Department, the Landscape Superintendent, the Traffic Signal Technician, a Mechanic II Position, and an Assistant Recreation Supervisor.  He noted that most of these were in the process of being filled.

 

Mayor pro tem Evans asked if it would be wise for the Council to address next year, as well as this year’s budget at the same time, in order to be ahead of the curve as to what actions the Council must take.  Mr. Horton said it would be their duty to do so and to carefully consider the agenda items that had budget impacts, most of which should proceed.  He said he would carefully look at any future agenda items that carried budget impacts to see if they were necessary at the time.

 

Mayor Foy suggested that the staff proceed absent of the Council’s direction.  Mr. Horton said the staff would keep the Council informed as changes occur.  He suggested that the Council keep in contact with the Legislative delegation, and he would prepare a letter for any of the Council who might be interested, to alert the delegation and the Governor of its concerns.

 

Item 1 – Ceremonies: None

 

Item 2 – Public Hearings: None

 

Item 3 – Petitions by Citizens and Announcements by Council Members

 

3a(1).  Daniel Jewell regarding Rosemary/Mitchell Mixed Use Development.

 

Mr. Jewell, President of Coulter/Jewell/Thames, requested an expedited review for the project on Rosemary and Mitchell Streets, which had been in review for over a year.  He said, in view of the results of the decisions made at the Council’s last Business Meeting, a seven- or eight-month delay could cause consequences not in the best interest of the public.  Mr. Jewell said that part of the process had been working with the Northside Community, residents, business owners and  community leaders, and garnering very broad support among the community for the project.  He pointed out the benefits to the community of this project, which included the commitment of Tom Tucker, the client, to provide the equivalent of 15% of the proposed residential units toward affordable housing in the community.  Mr. Jewell added that the public need that the project would provide was a tangible demonstration of the form of urban live/work development the new Development Ordinance was trying to promote.

 

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

 

3a(2).  Stephen J. Manton regarding Advisory Boards.

 

Mr. Manton, who has served on a number of Town committees and advisory boards over the past years, petitioned the Council to consider allowing members of certain Town advisory boards to sit on more than one standing board, but not more than two, so it would not be a conflict of interest.

 

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

 

3a(3).  Mildred Council regarding assistance for sewer on Emily Road.

 

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

 

3a(4).  Alan Haig regarding changing Unwin Place street name.

 

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

 

3a(5).  Bruce Runberg, University Associate Vice Chancellor for Facilities Planning and Construction, requesting expedited review for Paul J. Rizzo Conference Center Special Use Permit Modification.

 

Mr. Runberg requested an expedited review of the second phase of the Paul J. Rizzo Conference Center, which had been approved by the Council on April 22, 1997, as part of the original Special Use Permit.  He said the time period for construction had expired and requested that building be permitted to begin in June or July.  Mr. Runberg said this expansion was an $18 million project, and escalation for four or more months would add an additional $250,000 cost to the project.  He pointed out that the Center provided economic benefits to the Town, and the expansion will have a positive economic effect on the tax base of the Town.

 

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

 

3a(6).  Nerys Levy, Cultural Arts Group, requesting support for Annual Community Dinner.

 

Ms. Levy requested support from the Council for the 2003 Annual Dinner, and said that last evening over 600 people attended the 2002 Dinner.  She said it had become a major community event, and needed the Council’s support to reinforce its validity.  Ms. Levy asked that it again be part of the annual budget.

 

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

 

3a(7).  Michael and Amelia Collins regarding subdivision of a lot in Colonial Heights Neighborhood.

 

Michael Collins described this subdivision and listed the various concerns of the neighborhood—the house on the lot remains in derelict conditions, and has suffered neglect over the years.  Mr. Collins said that some of the neighborhoods had not been notified of the subdivision. He listed the requested action:

 

·        Order or recommend that the Board of Adjustment grant the appeal of the petitioners Michael and Amelia Collins, and reverse the subdivision of the property in question.

·        Institute an investigation of the property in question to determine whether it meets minimum standards of safety and hygiene under the Town’s ordinances and, should it be determined to be in default, direct enforcement of those ordinances to bring the property into compliance.

·        Institute procedures or amendments to the town ordinances that will provide for a period of review and approval for such minor subdivisions in residential neighborhoods by the persons affected, thus providing residents with a vehicle for protecting their interests in their neighborhoods against ill-considered and poorly suited development plans.

·        Consider any other action in relief of the petitioners that it deems appropriate, including condemnation/purchase of the property in question and conversion thereof for use appropriate to the neighborhood (residential, recreational, etc.).

 

Mr. Collins distributed a petition signed by the neighborhood residents to the Council.

 

Council Member Bateman asked if the property in question was on city sewer.  Mr. Collins responded that it was and pointed out the sewer easements.

 

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).

 

3a(8).  Paul Caldwell, regarding Citizens Committee to Study Traffic Safety Issues on Weaver Dairy Road.

 

Mr. Caldwell, Chair of the Weaver Dairy Road Traffic Safety Committee, petitioned the Council to re-scope the first (long-term) portion of the Committee’s charge, noting that the Committee stood adjourned until further direction by the Council.

 

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

 

3a(9).  Wes Misson and Ashley Hux, students at UNC, requested the Council’s support and participation in the fourth annual Dance Marathon.

 

The Dance Marathon will be held on February 22 and 23, which raised over $100,000 last year for the “For The Kids Fund” for children patients at UNC Hospitals, and, cumulatively over the last four years, $210,000 has been raised.  Ms. Hux said these funds were not for insurance but went directly to the patients and families for other personal expenses.

 

Mr. Misson said that currently on campus there were over 650 dancers involved and over 400 volunteers, and over 100 campus organizations.  He said the opening kick-off would be attended by Congressman Mike McIntyre.  Mr. Misson said flyers are being sent to every school in Orange County; churches are involved in sending volunteers and giving portions of their Sunday collections; and Franklin Street merchants have placed cans in their stores to help collect money for the Marathon.

 

Ms. Hux invited the Council to volunteer and participate in the Silent Auction.  She noted their website is www.uncmarathon.org.

 

Council Member Bateman thanked the students for the fund-raiser and making it more than just campus-wide.

 

Council Member Ward requested that the students not try to raise money by standing in the middle of four-lane highways.

 

COUNCIL MEMBER WARD MOVED, SECONDED BY MAYOR PRO TEM EVANS, TO RECEIVE AND REFER THE PETITION TO THE MANAGER.  THE MOTION WS ADOPTED UNANIMOUSLY (9-0).

 

3a(10).  Katherine Shields, on behalf of the Students Environmental Action Coalition (SEAK) at UNC regarding development of parking lot #5. 

 

Ms. Shields spoke regarding the development of parking lot #5 on Franklin Street, and asked the Council to allocate $5,000 for the purpose of a design contest for the lot.  She said the design contest was an investment for Chapel Hill’s future, stating the design contest was an excellent way to involve a broad sector of the community.  Mr. Horton said the Council had scheduled a design workshop February 16 from 8:30 a.m. to 5:30 p.m., and a second workshop for Tuesday evening following, from 7:00 p.m. to 10 p.m.

 

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

 

3a(11).  Roland Giduz regarding the Ticket Tax.

 

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).

 

3a(12).  Heidi Chapman regarding a four-way stop at Coker/Kings Mill.

 

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

 

3a(13).  Bob Reda, Planning Board, regarding Advisory Board appointment system. 

 

Mr. Reda said he believed that the manner in which advisory board members are appointed in Chapel Hill was a system that works well.  He had visited another community where the advisory members were appointed by a Council member and he said it did not work well because it is too political.  He suggested that the Council seek input from the advisory boards, before they made final appointments, which would take some burden from the shoulders of the Council members.

 

COUNCIL MEMBER WARD MOVED, SECONDED BY MAYOR PRO TEM EVANS, TO RECEIVE AND REFER THE PETITION TO THE MANAGER.  THE MOTION WS ADOPTED UNANIMOUSLY (9-0).

 

Announcements by Council Members

 

3c(1).  Council Member Verkerk regarding ICLEI Conference, and ICMA support for environmental initiatives. 

 

Council Member Verkerk said that last week she had attended a four-day ICLEI conference in Seattle, and had come home with:

·        A tremendous amount of civic pride.

·        There are numerous amounts of resources at the Town’s disposal—The International City Council Management Association and Local Governmental Environmental Assistant Network.

·        Energy efficiency saves a lot of money.

·        Disappointment that Chapel Hill and Carrboro were the only cities represented from North Carolina, and pledged to react regionally.

 

Council Member Verkerk said the area attendees hoped to give a presentation of the conference to both the boards of Chapel Hill and Carrboro.  She said it would help civic pride to sponsor the ICLEI Conference in 2005 in Chapel Hill.

 

3c(2).  Council Member Bateman regarding Schools Adequate Public Facilities Ordinance. 

 

Council Member Bateman said she had been asked by a citizen and others and the School Board what the status of the Schools Adequate Public Facilities Ordinance was.  Planning Director Roger Waldon said the Ordinance was on the Council’s agenda for February 18, 2002.  He said the staffs and attorneys of the various entities concerned had worked on draft documents: A Memorandum of Understanding, and a model Ordinance.  Mr. Waldon said the staff had not yet received the documents from Orange County, but it was the intent of the staff to have all the documents in the Council’s packets for the February 18th meeting.

 

3c(3)  Council Member Bateman regarding support for WCHL radio. 

 

Council Member Bateman announced WCHL would return as a separate station for Chapel Hill, and they hoped to relocate their site to Chapel Hill.

 

3c(4).  Council Member Harrison regarding Public Arts Commission exhibit.

 

Council Member Harrison announced a Public Arts Commission exhibit of landscapes by Michael Iantosca and other photos by Emily Weinstein .

 

3a(5).  Mayor Foy regarding Downtown Design Workshops.

 

Mayor Foy said there will be Downtown Design Workshops at Town Hall on Saturday, February 16, from 8:30 a.m. to 5:00 p.m. and another Workshop on Tuesday, February 19th in the evening from 7:00 p.m. to 10:00 p.m.

 

Item 4 – Consent Agenda: Action Items

 

Council Member Verkerk pulled 4d and 4e.

 

COUNCIL MEMBER WARD MOVED, SECONDED BY MAYOR PRO TEM EVANS, TO ADOPT RESOLUTION 1, WITH ITEMS 4D AND 4E REMOVED.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES (2002-02-11/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:

 

a.

Calling a Public Hearing for Hargraves Installment Financing Contract (R-2a, R-2b).

b.

Budget Amendment for Cablecasting of Council Budget Work Sessions (O-1).

c.

Proposed Schedule for Meetings on Development Ordinance (R-3).

f.

Schedule for Considering Petition to Rezone Parcel at S. Columbia Street and Old Pittsboro Road (R-5.1).

 

This the 11th day of February, 2002.

 

 

A RESOLUTION AMENDING THE RESOLUTION OF INTENT TO REIMBURSE EXPENSES FOR THE HARGRAVES RECREATION CENTER AND A. D. CLARKE POOL PROJECT (2002-02-11/R-2a)

 

WHEREAS, the Town Council of the Town Chapel Hill adopted Resolution 2001-04-23/R-12 on April 23, 2001 declaring its official intent to reimburse expenses for the Hargraves Recreation Center and A. D. Clark Pool and Bathhouse renovation project using a 10-year installment financing contract in an amount not to exceed $940,000; and

 

WHEREAS, the Town is concerned that bids to be received for the project and an adequate contingency appropriation for the project could exceed the maximum amount of  $940,000 as specified in the reimbursement resolution; and

 

WHEREAS, the Council of the Town of Chapel Hill wishes to increase its flexibility regarding the maximum amount that can be financed for this project if desired;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill, that, the Council hereby amends its resolution of official intent to reimburse expenses by increasing the maximum amount that may be financed for this project from $940,000 to a maximum amount of $1.2 million, as desired by the Council.

 

BE IT FURTHER RESOLVED that the Council authorizes the Town Clerk to certify a copy of this resolution for the Local Government Commission.

 

This the 11th day of February, 2002.

A RESOLUTION CALLING A PUBLIC HEARING ON FEBRUARY 25 TO CONSIDER USING INSTALLMENT CONTRACT FINANCING FOR RENOVATIONS OF THE HARGRAVES RECREATION CENTER AND THE A. D. CLARK POOL (2002-02-11/R-2b)

 

WHEREAS, the Town Council has authorized renovations of the Hargraves Recreation Center and the A. D. Clark Pool; and

 

WHEREAS, the Town Council wishes to consider using installment financing as authorized by General Statues 160A-20 and proposes to file an application with the N. C. Local Government Commission for approval of such financing for renovations of the Hargraves Center and the A. D. Clark Pool;

 

NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Chapel Hill, that the Council hereby calls a public hearing at 7:00 p.m. on February 25 to receive comments from citizens concerning such financing, and hereby authorizes the publication of a notice of this public hearing 10 days prior to the hearing.

 

This the 11th day of February, 2002.

 

 

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2001 (2002-02-11/O-1)

 

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, 2001” as duly adopted on June 25, 2001, be and the same is hereby amended as follows:

 

ARTICLE I

 

                                                Current                                                 Revised

APPROPRIATIONS               Budget             Increase           Decrease          Budget

 

GENERAL FUND

            Non-Departmental

                        Contingency     24,565                                     2,000               22,565                 

 

            Manager/Clerk 992,128           2,000                                     990,128                        

 

This the 11th day of February, 2002.

 

 

 

A RESOLUTION ENDORSING A SCHEDULE OF MEETINGS AND CALLING A PUBLIC HEARING (2002-02-11/R-3)

 

WHEREAS, the Chapel Hill Town Council seeks to fully consider proposed changes to the Chapel Hill Development Ordinance;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council endorses the following schedule of meetings.  All meetings would be at Chapel Hill Town Hall, in the Council Chamber.  All meetings would begin at 7:00 pm, except the two Saturday workshops which would begin at 9am:

 

Saturday, March 9:       Workshop to Examine Possible Impacts of Regulations

Monday, March 18:      COUNCIL HEARING

Tuesday, March 19:      Public Forum

Monday, April 15:        COUNCIL HEARING

Thursday, April 18:       Public Forum

Saturday, May 11:        Workshop to Examine Possible Impacts of Regulations

Monday, May 20:         COUNCIL HEARING

Tuesday, May 21:         Public Forum

Monday, June 10:         COUNCIL BUSINESS MEETING, TO GIVE DIRECTION

 

BE IT FURTHER RESOLVED that the Council calls an additional Public Hearing to consider the proposed Development Ordinance changes for 7:00 pm on Monday, June 3, 2002, in the Chapel Hill Town Hall Council Chamber.

 

BE IT FURTHER RESOLVED that the Council’s calendar of meetings is revised to include all these additional meetings.

 

This the 11th day of February, 2002.

 

 

A RESOLUTION RE-SCHEDULING A HEARING ON REZONING PETITION (2002-02-11/R-5.1)

 

WHEREAS, on November 26, 2001, 22, the Chapel Hill Town Council called a hearing for May 20, 2002, to consider a proposal to rezone a parcel at South Columbia Street and Old Pittsboro Road (Tax Map Number 7.88.H.1) from Office Institutional-3 to Residential-2; and

 

WHEREAS, the Council intends to focus discussion at the May 20, 2002 hearing on proposed changes to the Chapel Hill Development Ordinance;

 

NOW, THEREFORE BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council re-schedules this public hearing from May 20, 2002, to October 16, 2002, at 7 p.m. in the Council Chamber, Town Hall, 306 N. Columbia Street.

 

This the 11th day of February, 2002.

 

Item 5 – Information Items

 

Council Member Harrison pulled 5e.  Council received 5a-5d by consensus.

 

Item 6 – Library Master Plan Report

 

Robert Schreiner, Chair, Library Board of Trustees, presented a review of the Board’s response to the Five Year Services Plan: 2001-2006 and Long Term Facilities Needs Through 2020.

 

Board Endorses Library Consultant’s Report

·        Current Needs: Five Year Services Plan, 2001-2006

·        Long Term Facilities Needs: 2001-2020

 

Five Year Services Plan—Basic Services

·        Current topics collection

·        Information and reference service

·        Promote lifelong learning

·        Promote electronic and print information literacy

·        Commons space for community use

 

·        Current topics collection

·        Increase book collection

·        Add instructional videos, children’s software, database services

·        Add automated checkout equipment

·        Add technical services personnel for material processing (2 persons)

 

·        Information and Reference Service

·        Enhance electronic resources

·        Twelve additional workstations

·        Greater presence on Internet: Catalog and home page

·        Add technical support person

 

·        Promote Lifelong Learning

·        Begin with children

·        Add children’s specialist

·        Staff children’s desk all hours

·        Add children’s programming

·        Provide adult programming

 

·        Promote Electronic and Print Information Literacy

·        Provide education on resource use

·        One-on-one help

·        Instructional classes

 

Chapel Hill Library Funding

·        Work to find new funding from governments outside Chapel Hill, especially Orange County

·        Increase Town funding commitment

 

Facilities Needs

·        By NC standards the library is too small for Chapel Hill alone; for southern Orange County it is dramatically too small

·        Chapel Hill Library use (annual circulation per capita) is more than 47% greater than NC Average

·        1989 Plan-Build 47,000 sq. ft. facility and expand it by 2010 to 61,000 sq. ft.

·        Today we have only 27,315 sq. ft.

·        Space needed for collections and commons (all public use space)

 

Library Board Recommendations

1.      Adopt Recommended Five-Year Service Plan

2.      Hire Building Consultant

3.      Identify Funds for Library Facility expansion

 

Ken Broun, Board of Directors of the Chapel Hill Public Library Foundation, said that based on the reports the Board had found that the Library had critical needs that must be met as soon as possible.  He said the Library needed more space and more services immediately.  Mr. Broun said the Library Foundation Board of Directors strongly supported all of the Manager’s recommendations presented in the Library Master Plan Report, and that the resource needs be considered in the current budget, discussions with the Orange County Board of Commissioners concerning increased funding from the County for the Library take place, and that a Library Building consultant be engaged.  Mr. Broun asked the Council to adopt the proposals and the other recommendations of the Manager.  He asked that the Town earmark for future capital expansion the earnings from the former Love Trust Fund.  Mr. Broun said that the Foundation would commit a minimum of $100,000, upon terms and conditions to be determined, to help the capital expansion of the Library.

 

Council Member Strom said that at the Council Retreat the Council talked about construction management and the style and form the Town might manage future construction, including engineering consultants, and asked how that fitted in with the hiring of a building consultant.  Mr. Horton responded that the consultant would be assigned to develop programmed square footage and assignment of space, but not specify materials and structural things.  Library Director Kathy Thompson said areas of the library would be assessed for requirements to establish an efficient work flow.

 

Council Member Ward said he saw value in having several sites where library services could be accessed rather than at the actual public library, which might be established as the services on-line at the McDougle School.  Ms. Thompson said the McDougle system was working very well, and was open 20 hours a week, and its use was growing and the service could be looked at for the future.

 

COUNCIL MEMBER WIGGINS MOVED, SECONDED BY MAYOR PRO TEM EVANS, TO ADOPT RESOLUTION 6A.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION adoptING a statement of basic services to be provided by the Chapel Hill Public Library (2002-02-11/r-6a)

 

WHEREAS, the Chapel Hill Public Library provides services that are not available at other specialized libraries in the County; and

 

WHEREAS, Chapel Hill residents borrow more materials from the Chapel Hill Public Library than from any other library in the State; and

 

WHEREAS, the Chapel Hill Public Library study, a Five Year Service Plan: 2001-2006 and Long Term Facilities Needs Through 2020, recognizes these key services based on a review of community needs; and

 

WHEREAS, the Library Board of Trustees endorses these key library services;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the following Basic Services to be provided by the Chapel Hill Public Library:

 

·        Current recreational reading, listening, and viewing materials, and information about contemporary culture and trends, for adults and children. 

·        General information through answering reference questions and provision of specialized reference services, both paper and electronic. 

·        Information and programs to support life-long learning for adults and children.

·        Instruction in finding, evaluating, and using information resources, both paper and electronic.  Beginning in 2002-03, the Library will formally train 100 people each year in finding, evaluating, and using information in electronic formats.

 

BE IT FURTHER RESOLVED that the Council authorizes consideration of additional “Commons” space at the Library to include a variety of meeting and gathering spaces and possibly an electronic means of assembling such as videoconferencing facilities.

 

This the 11th day of February, 2002.

 

MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT RESOLUTION 6B.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION RECOGNIZING RESOURCE NEEDS FOR THE CHAPEL HILL PUBLIC LIBRARY AND CONSIDERING THESE NEEDS AS PART OF THE 2002-03 BUDGET PROCESS AND IN FUTURE YEARS (2002-02-11/r-6b)

 

WHEREAS, the Chapel Hill Public Library study, a Five Year Service Plan: 2001-2006 and Long Term Facilities Needs Through 2020, recognizes several key resource needs; and

 

WHEREAS, the Library Board of Trustees endorses these needs;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby recognizes the following needs for the Chapel Hill Public Library and considers these needs as part of the 2002-03 budget process and in future years:

 

 

This the 11th day of February, 2002.

 

MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT RESOLUTION 6C.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION authorizING the Mayor to request, on behalf of the Council, discussions with the Orange County Board of Commissioners about additional County funding for library services in ACKNOWLEDGMENT THAT THE CHAPEL HILL PUBLIC LIBRARY SERVES THE POPULATION OF southern Orange County (2002-02-11/r-6c)

 

WHEREAS, the Chapel Hill Public Library study, a Five Year Service Plan: 2001-2006 and Long Term Facilities Needs Through 2020, recognizes that the Library serves both the Town of Chapel Hill and southern Orange County; and

 

WHEREAS, of current Library registrants, about 57% live in Chapel Hill, while more than 36% live in non-Chapel Hill southern Orange County; and

 

WHEREAS, the Library Board of Trustees recommends that the Council explore new ways to increase funding from governments outside Chapel Hill as the Town increases its own contribution to the Library;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Mayor to request, on behalf of the Council, discussions with the Orange County Board of Commissioners about additional County funding for library services in acknowledgment that the Chapel Hill Public Library serves the population of southern Orange County.

 

This the 11th day of February, 2002.

 

MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT RESOLUTION 6D.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION authorizing the Manager to engage a Library building consultant to revise the 1991 building program at a cost not to exceed $11,000 (2002-02-11/r-6d)

 

WHEREAS, the Chapel Hill Public Library study, a Five Year Service Plan: 2001-2006 and Long Term Facilities Needs Through 2020 recommends that the Town expand the existing Library facility as soon as possible to the maximum size affordable and appropriate for the site; and

 

WHEREAS, the consultant study also recommends that new space gained through expansion of the Library should be almost exclusively public use space; and

 

WHEREAS, the building program used for design of the existing Library building called for a Phase I building of 46,758 square feet, with a total of approximately 64,000 square feet in Phase II by 2010, which was reduced to 27,315 square feet because of funding limitations; and

 

WHEREAS, when the entire County service area is considered, a building of between 70,000 and 76,000 square feet likely would be needed by 2020; and

 

WHEREAS, the Library Board of Trustees recommends that the Council proceed with the building consultant study and begin to identify funds for a larger Library.

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Manager to engage a Library building consultant to revise the 1991 building program at a cost not to exceed $11,000.

 

This the 11th day of February, 2002.

 

COUNCIL MEMBER WIGGINS MOVED, SECONDED BY MAYOR PRO TEM EVANS, TO ADOPT ORDINANCE 2.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2001” (2002-02-11/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, 2001” as duly adopted on June 25, 2001, be and the same is hereby amended as follows:

 

ARTICLE I

                                                            Current                                                 Revised

APPROPRIATIONS               Budget             Increase           Decrease          Budget

 

LIBRARY GIFT FUND          119,840           6,000                                       125,840

 

REVENUES

 

LIBRARY GIFT FUND

     Fund Balance                      74,840             6,000                                         80,840

 

This the 11th day of February, 2002.

 

Item 7 – Reconvening Public Hearings on Europa Applications

 

Planning Director Roger Waldon reviewed the background of the applications and said there were three agenda items:

 

·        7A is a transmittal of the traffic impact statement,

·        7B would modify an existing Special Use Permit (SUP),

·        7C is the new application for construction of an office building

 

Mr. Waldon said the application first came to the Council in May, the hearing was reconvened in the fall when the Council requested an updated traffic impact analysis, and another hearing was scheduled for this evening, with the updated Traffic Impact Analysis.  Mr. Waldon said the staff believed that the Analysis was done well, and agreed with the assumptions and methodology, and was a valid summary of the traffic conditions.

 

Mr. Waldon continued with item 7b, application for Special Use Permit Modification, Europa Office Building:

 

Two applications:

·        Request to Modify Existing SUP, to create two smaller SUP’s and a Vacant Tract

·        Request for a new SUP on the Vacant Tract

 

Key Questions at the workshop:

·        What development applications have recently been approved? What is pending?

·        What is the capacity of key components of public infrastructure necessary to support additional development:

 

Infrastructure Components

·        Transportation

·        Schools

·        Water and Sewer

·        Stormwater Management

·        Parks and Recreation

 

Mr. Waldon displayed photographs of the site and the area around the site.

 

Key Issues

·        Splitting Existing SUP into 3 components

·        Modification of Regulations for Hotel

·        Access between Hotel and New Office

·        Parking Lot Configuration for New Office

 

Mr. Waldon moved on to a discussion of Item 7b, an application seeking approval of a Special Use Permit (SUP) Modification.  He pointed out that if the site was split into three different pieces, the hotel itself did not meet the intensity standards of the Development Ordinance because of too much floor area for the size, and it would not meet buffer requirement along Highway 15-501.  Mr. Waldon said there were reasonable arguments that public purposes would be satisfied, and there was a lot of landscaping between the hotel and the highway, although most was in the public right-of-way.  He reminded the Council that one of the things it would have to do to approve the SUP would be to modify the two regulations of the Ordinance.  Mr. Waldon said this was a threshold question which the Council had to decide, before discussing approval of the application.

 

The applicant, Alan Nester, owner of the hotel, gave some background for the application.  He said that when they sold the original hotel it was under one large SUP, to include additional hotel expansion and offices.  Mr. Nester said when the hotel was sold, the buyer was not interested in the other pieces of property, and six years ago the applicant asked for approval of a modification of the SUP to include the proposed project.

 

Lynne Kane said she was present to speak for the 56 homeowners at the Meadows, a cluster home development on Legion Road, close to Europa Drive, and stated the homeowners’ support the approval of the SUP modification application.  She said they believed the improvements proposed in the project would enhance Europa Drive, and the office building would expand the local tax base.  Ms. Kane added that there were letters from residents of the Meadows on file dated January 17 and 25, expressing concerns of traffic flow improvement in the area, and that the residents support the DOT plans for a “superstreet.”

 

Harvey Krasny, as a resident of the Summerfield Crossing property, read a statement in opposition to the proposed project.  His noted his concern was mainly with the increase of traffic in the area.  Mr. Krasny displayed a map of the traffic flow after the proposed building was built, which would increase significantly.

 

Council Member Kleinschmidt asked that the access road, not shown on the traffic analysis, be addressed and why it was not on the map.  Frank Price, Senior Traffic Engineer with the firm of Ramey Kemp of Raleigh, responded that the existing traffic from that access road as it impacts the Europa and the other streets were taken with the traffic counts done last month, so they were included in the existing traffic.  He said the existing traffic along the service road was factored into the traffic volumes.  Mr. Horton said, by Council direction, the full report was not included, only a summary was in the packet.

 

Council Member Verkerk asked about the discrepancy between Table S2 and the grade at US 15-501 and Europa Drive, stating that she recalled that the DOT stated that it was an E and F not a D and E level roadway.  Mr. Price said that was correct and that for some reason the traffic volume had decreased at that intersection from the time of the traffic study in 1997 and last month.  He added that the methods with which the traffic volumes had been computed had changed since the last study.  Mr. Price said that people were becoming more tolerant of the traffic flow volume, and this was a nation-wide attitude.

 

Council Member Harrison asked about a table model from the DOT, and it was projecting increases from the 1999 volume to bring the volume up.  He said he was particularly interested in the idea of a superstreet.  Mr. Price said the superstreet was a bandaid, but will for several years bring the level up to acceptable.

 

Council Member Strom said on page 6, in 7b, the Transportation Board had requested that the Traffic Analysis be returned to them for future study, and asked if that had been made available to them.  Mr. Waldon said he did not believe that the revised Traffic Impact Study had gone back to the Transportation Board.

 

Council Member Verkerk asked where the sidewalks on Legion Road would connect to existing sidewalks.  Mr. Waldon responded there would be some distance between, and it had been suggested that the applicant would build sidewalk along its frontage on Legion Road.

 

Council Member Verkerk asked how far the nearest bus stop would be walking along Legion Road to get to the office building.  Mr. Horton said he thought the nearest bus stop might be at the Europa office building, but he would have this checked by staff.

 

Council Member Bateman asked how much over the permitted square footage was the applicant’s request.  Mr. Waldon said it would be about 6,000 square feet over what is permitted.  He said that in the case of a modified SUP application, the Council had the flexibility to modify regulations for that site, which had been done some of the time for sites built in the past.

 

Council Member Bateman asked what it would mean for modifying the regulations for a building already built.  Mr. Waldon said it frees up the parcel to be built on, but there would be no change in the function of the building.

 

Mayor Foy asked if a building could be built under the current SUP if it were 6,000 feet smaller. Mr. Waldon said if it were a new application for a new building it would have to be 6,000 feet smaller for the site.

 

Mayor Foy asked what the size was of the building that had been included in the original SUP.  Mr. Waldon referred the Council to Attachment 1, dated May 14, 2001, page 11 under Intensity Standards: Maximum Permitted Floor: 171,865 square feet, Existing Floor Area: 121,000 square feet.  He said there was regulatory room for an additional 50,000 square feet.  Mr. Waldon added the proposed new building was 38,000 square feet and a lot of the question was what could be done on the three separate parcels configuration.  He went over the other pieces separate square feet allowance.

 

Council Member Ward asked what the likelihood was that any of the vegetation on the site as a buffer would survive the construction of a “superstreet.”  Engineering Director George Small said that the preliminary designs indicated that very little of the abutting the Europa would be needed, but there may be a need to have land taken on the opposite side of US 15-501.

Responding to an earlier question, Mr. Horton said the closest bus stop was at the Sheraton Hotel.

 

Council Member Strom said he was concerned about the traffic rather than the configuration, based on the information the Council received from the Transportation Board.  He suggested delaying the vote by the Council until after the Transportation Board had reviewed the Traffic Impact Analysis Report.

 

Council Member Harrison said he felt that a 7-0 vote against the approval was a good indication that the Transportation Board had real reservations, and that they should be able to review the Traffic Impact Analysis Report.

 

Mayor pro tem Evans said the reason the Board had voted as they did was because the staff felt a study was not needed, but the Transportation Board wanted a new Traffic Impact Analysis study.  Council Member Bateman pointed this out by reading the report from the Transportation Board, adding she felt that the determination should not be reached until the Board had a chance to study the report.

 

Mr. Karpinos said the Council could recess the hearing to a later date and refer the report to several advisory boards.

 

COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER HARRISON, TO RECESS THE HEARING OF ALL THE APPLICATIONS OF ITEM 7 UNTIL MARCH 25, 2002, AND REFER THE TRAFFIC IMPACT ANALYSIS REPORT TO THE TRANSPORTATION BOARD, THE BICYCLE AND PEDESTRIAN ADVISORY BOARD, AND THE PLANNING BOARD.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Item 8 – Orange County Regional Landfill: Application for Special Use Permit

 

Planning Director Roger Waldon said the modification was necessary in order for Orange County to construct its 2,000 square foot recycling building on the site because the floor area had been maxed out.  He said the staff recommended approval at a January hearing and continued to do so.

 

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

 

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

 

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE ORANGE COUNTY REGIONAL LANDFILL (2002-02-11/R-9a)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by Orange County on property identified as Chapel Hill Township Tax Map 18, Lots 1 and 1A (PIN #9870662911 and #9870680669) if developed according to the site plan dated 12/17/2001, 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.         That the use or development is a public necessity and is located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and

 

4.         Conform with the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.

 

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit for Orange County Regional Landfill in accordance with the plans listed above and with the conditions listed below:

 

Stipulations Specific to the Development

 

1.      That construction begin by February 11, 2004 (two years from the date of Council approval) and be completed by February 11, 2005 (three years from the date of Council approval).

 

2.      Land Use Intensity: This Special Use Permit authorizes construction of an electronics recycling storage building consisting of a total of 2,100 square feet of floor area, with total authorized development specified as follows:

 

                        Total # of Buildings:                                          7

                        Maximum Floor Area Total:                              3,768 s.f.

            Minimum # of Bicycle Parking Spaces:  4

            Minimum Outdoor Space (s.f.):             8,869,264 s.f.

                        Minimum Livability Space (s.f.):                        8,826,064 s.f.

Stipulations Related to Required Improvements

 

3.      Signage Near Scale Area: That the applicant shall install directional signs at that the Eubanks Road crossing movement, from the scale area to the north side of the landfill, to improve access and circulation. Signs shall warn trucks that they are about to cross a public road, not a road internal to the landfill, to be approved by the Town Manager.

 

4.      Circulation Pattern at Drop-Off Area: That the applicant shall limit the traffic circulation to one-way at the entrance and exit to the County Drop-Off Center on the north side of Eubanks Road, to be approved by the Town Manager.

 

 

 

5.      Signage at Drop-Off Area: That the applicant shall install directional signs at that the County Drop-Off Center on the north side of Eubanks Road to limit traffic circulation to a one-way pattern, to be approved by the Town Manager.

 

Stipulations Related to Landscape Elements

 

6.      Landscape Plan Approval: That a detailed Landscape Plan and Landscape Maintenance Plan shall be prepared for the site including the plantings proposed for the perimeter of the site, subject to Town Manager approval. Required bufferyards include the following:

 

Required Bufferyards

Bufferyard Location

Buffer Required

Northern Property Line*

Min. of 100-ft. Buffer

Eastern Property Line*

Min. of 100-ft. Buffer

Southern Property Line*

Min. of 100-ft. Buffer

Western Property Line*

Min. of 100-ft. Buffer

Eubanks Road Frontage (both sides)

Min. of 15 ft. Type ‘A’ Buffer

*A 100-foot buffer is required by the State of North Carolina on these property lines.

 

Stipulations Related to Utilities

 

7.      Utility/Lighting Plan Approval: That the final utility/lighting plan be reviewed and approved by all affected utilities and the Town Manager before issuance of a Zoning Compliance Permit.

 

8.      Utility Lines: That all new utility lines, other than 3-phase electric power distribution lines, shall be underground and shall be indicated on final plans, to be approved by the Town Manager.

 

Stipulations Related to Fire Protection/Fire Safety

 

9.      Fire District Response Verification: That the applicant provide the Town with verification of fire protection from the local fire district that provides fire response, prior to the issuance of a Zoning Compliance Permit, subject to approval by the Town Manager.

 

Miscellaneous Stipulations

 

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

 

11.  Stormwater Management Plan: That a Stormwater Management Plan shall be submitted illustrating the sheet flow and vegetated buffer mechanism to mitigate the quantity and quality of runoff, to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.

 

12.  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.

13.  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.

 

14.  Erosion Control: That a soil erosion and sedimentation control plan, including provisions for maintenance of facilities and modification of the plan, if necessary, shall be approved by the North Carolina Division of Land Quality, and that a copy of the approval be provided to the Town Manager prior to the issuance of a Zoning Compliance Permit.

 

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

 

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

 

17.  Construction Sign Required: That the applicant shall 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 32 square feet of display area and may not exceed 8 feet in height. The sign shall be non-illuminated, and shall consist of light letters on a dark background.

 

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

 

19.  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 for the Orange County Regional Landfill.

 

This the 11th day of February, 2002.

Item 9 – Orange United Methodist Church:

Application for Special Use Permit Modification

 

Planning Director Waldon said the staff continued to recommend approval with one change, because the recommendation of the Bicycle and Pedestrian Advisory Board was not available for the hearing last month.  He said the staff recommended adoption of Resolution A, with a revision recommended by the Board that the applicant shall install raised, internal, striped crosswalks, wherever pedestrian walkways cross vehicular traffic within the property from the external sidewalk and parking areas to the church facilities with the locations approved by the Town Manager.

 

David Davis, representing the Trustees of the Church, said they agreed with the intent of adding crosswalks, but asked the Council to allow the Church to meet this stipulation by using painted crosswalks or burning a pattern to the existing pavement, because they felt that adding raised concrete walks would require the church to demolish paving that is already there, and to add an additional very thick section of concrete in multiple places on the property.  He said it would be quite an added expense to the congregation, which would eat into their budget, which was based on contributions.  Mr. Davis asked that the stipulation then read “that internal striped crosswalks shall be provided as major pedestrian walkways across vehicular traffic within the property with locations approved by the Town Manager.”

 

Mr. Davis said the Church also agreed with the wording in Stipulation #12, “Parking Planting: That additional planting be installed east of the proposed new parking area as needed to enhance the existing landscape bufferyard, subject to Town Manager approval.”  He said this stipulation was confusing, and was not consistent with the language throughout the words “additional evergreen plantings.”  Mr. Davis said the Church hoped that the planting they would add would provide a natural woodland buffer or edge and evergreen would not allow that, and would block the Church’s view.  He said the church believed that the Church buildings were attractive and did not need to be blocked from outside views.  Mr. Davis urged adoption of Resolution B with the change in stipulations.

 

Council Member Ward said the staff justification for not supporting a median across Airport Road did not make sense to him, and he did not see this as a mid-block crossing, but one that would be at the traffic light to access the west side of Airport Road.  Mr. Waldon said it was the staff’s belief that a median there was not being driven by the expansion and would be very expensive.  He said the safest place to have pedestrian crossings was at the light, and the staff did not see justification for having an added expense of a mid-block crossing required of the applicant.

 

Council Member Ward asked what was being proposed as a visual indication at the entrances to the parking lot to indicate them to pedestrians and drivers.  Mr. Davis said no more than what was already there, a painted crossing with cross stripes.

 

MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER STROM, TO CLOSE THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Council Member Wiggins asked the staff why they thought stipulation #5 was important.  Mr. Waldon said it was recommended by the Bicycle and Pedestrian Advisory Board and seemed like a good idea to help highlight the pedestrian area.  He said it was a recent idea for a raised crossing to have a visual and physical indication that there were pedestrians crossing.  Mr. Horton said there was no strong technical reason, and the same could be accomplished with a striped crossing.

 

Council Member Wiggins said she was not advising against safety, but she was sensitive to the meager budgets of churches.

 

Council Member Ward said the Advisory Board had suggested this type of crossing several times before and this was the first time the staff had gone along with the recommendation.  He said it should be part of all future entranceways to parking lots, especially for the safety of pedestrians.

 

Council Member Wiggins said she agreed but this was a very small parking lot, not a mall parking lot, and she wanted to look at individual circumstances.

 

COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT RESOLUTION 10A, WITH #5 AMENDED TO REMOVE THE WORD “RAISED.”  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR THE ORANGE UNITED METHODIST CHURCH (2002-02-11/R-10a)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit Modification application proposed by Swanson and Associates on property identified as Chapel Hill Township Tax Map 24, Lot 36, and PIN # 9880-30-0704, and Chapel Township Tax Map 24E, Block A, Lot 10, PIN # 9880-30-2035, if developed according to the site plan dated October 9, 2001, revised February 2, 2000 and May 15, 2000 and July 14, 2000 and June 28, 2001, 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 with the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.

 

BE IT FURTHER RESOLVED that the Council hereby approves the application for a Special Use Permit Modification for the Orange United Methodist Church in accordance with the plans listed above and with the conditions listed below:

 

                                                Stipulations Specific to the Development

1.                  That construction begin by February 11, 2012 (ten years from the date of Council approval) and be completed by February 11, 2014 (twelve years from the date of Council approval).

2.                  Land Use Intensity:  This Special Use Permit Modification authorizes construction of a total of 9,900 square feet of additional floor area to include an addition to the log cabin and an education/preschool building for a total of 29,031 square feet of floor area.  

3.                  Parking:  That a maximum of 131 parking spaces shall be permitted on this site with standard parking dimensions.

Stipulations Related to Transportation Issues

4.         Public Sidewalk:  That the sidewalk located on the property’s NC 86 frontage shall be dedicated as public-right-of-way. 

5.         Raised Sidewalks:  Internal, striped crosswalks shall be provided wherever pedestrian walkways cross vehicular traffic within the property from the external sidewalk and parking areas to the church facilities with locations approved by the Town Manager.

           

6.         Bicycle Parking:  That a minimum of 14 covered, illuminated and secure parking spaces shall be provided for bicycle parking spaces in accordance with the guidelines in the Design Manual.

7.         Town Standards:  That all parking lots, drive aisles and sidewalks associated with this development shall be constructed to Town standards.

Stipulations Related to Landscape and Architecture

 

8.         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:

 

Location of Bufferyard

Type of Buffer Required

 

 

Eastern Border (North Forest Neighborhood)

Minimum of 20’ Type ‘C’ Buffer

Northern Border (Residential-2, undeveloped)

Minimum of 20’ Type ‘C’ Buffer

Western Border (NC Hwy 86- Airport Road)

Minimum of 30’ Type ‘D’ Buffer

Southern Border (Tar Heel Mobile Home Park)

Minimum of 20’ Type ‘C’ Buffer

 

 

9.         Fencing:  That tree protection fencing be installed adjacent to the access and construction staging areas associated with the proposed construction.

10.       Parking Planting:   That additional planting be installed east of the proposed new parking area as needed to enhance the existing landscape bufferyard, subject to Town Manager approval. 

11.       Building Elevations:  Detailed Building Elevations shall be approved by the Community Design Commission prior to the issuance of a Zoning Compliance Permit.

12.       Lighting Plan: A detailed Lighting Plan shall be approved by the Community Design Commission prior to the issuance of a Zoning Compliance Permit.

Stipulations Related to Environmental Issues

13.       Stormwater Detention: That the plans show the maintenance access for the stormwater detention basin prior to the issuance of a Zoning Compliance Permit.

14.       Stormwater Management Plan:  That a Stormwater Management Plan including an operations and maintenance component, be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. Based on 1 and 50-year storms, the post-development stormwater run-off rate shall not exceed the pre-development rate.

15.        Erosion Control:  That a detailed soil erosion and sedimentation control plan, including provision for a 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 issuance of a   Zoning Compliance Permit.

16.       Erosion Control Bond:  If more than one acre of land is disturbed, then a performance guarantee in accordance with Section 5-97.1 Bonds of the Town Code of Ordinances shall be required prior to final authorization to begin land-disturbing activities.

17.       Parking Lot Paving:  That the proposed new parking lot may be gravel, as proposed, or a porous pavement material subject to the discretion of the Church. A maintenance plan shall be approved by the Town Manager, prior to issuance of a Zoning Compliance Permit.

Stipulations related to Utility and Service Issues

 

18.              Public Water and Sewer:  That the development shall be connected to the public water and sewer system.

 

19.              Utility Plans:  That detailed utility plans be reviewed and approved by OWASA, Duke Power Company, BellSouth, Public Service, and the Town Manager prior to issuance of a Zoning Compliance Permit.

 

20.              Underground Utilities:  That all utility lines, other than 3-phase electric power distribution lines, shall be placed underground.

 

21.              Fire Flow:  That a fire flow report prepared by a registered professional engineer be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

 

22.              Sprinkler System:  That the education/preschool building shall have a sprinkler system in accordance with Town Code.

 

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

 

24.              Dumpster Pad:  That the angle of the proposed dumpster pad be adjusted to permit collection vehicles to turn around after servicing the dumpster.

 

25.              Contacting Solid Waste Superintendent:  That a note be placed on the final plans indicating that once the proposed dumpster pad is laid out but prior to construction the applicant will contact the Town’s Solid Waste Superintendent.

 

Other Stipulations

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

 

27.              Building Elevations:  That building elevations be approved by the Community Design Commission prior to issuance of a Zoning Compliance Permit.

 

28.              Lighting Plan:  That a lighting plan be approved by the Community Design Commission 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.

 

30.       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.

 

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

 

32.              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 Building 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.

 

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

34.              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 the Orange United Methodist Church.

 

This the 11th day of February, 2002.

 

 

Item 10 – Manager’s Follow-up Report on Recommendations of the

Stormwater Utility Development and Implementation Study Committee

 

Stormwater Engineer Fred Royal reported that the staff report was a response to the final report of the Stormwater Utility Development and Implementation Committee submitted to the Council on November 26, 2001.  He said on August 23, 1999, the Council authorized establishment of a Stormwater Utility Development and Implementation Committee to prepare a report regarding implementation and operation of a Stormwater Utility to serve Chapel Hill, and possibly surrounding areas.  Mr. Royal said the original charge of the committee included examining the following:

 

·        Organization and management control system

·        Budget areas and services to be provided

·        Staffing and equipment needs

·        Rate structure for user fees

·        Annual revenues and expenses

 

Mr. Royal said on February 12, 2001, the Committee requested the Council to expand the original charge to include an inter-jurisdictional approach to stormwater management with the goal of achieving regional consensus and cooperation.  He said the final report offered several conclusions and recommendations for the Council’s considerations.  Mr. Royal said the conclusions were:

 

·        The Environmental Protection Agency (EPA) has a National Pollutant Discharge Elimination System (NPDES) Phase II requiring Chapel Hill and other municipalities to submit a permit by March 2003, which requires that the Town meet six minimum measures over a five-year implementation period.

·        Chapel Hill community demands a higher level of service beyond that required by Phase II.

·        Further inter-jurisdiction is possible and could be mutually beneficial.

·        Some increases in providing all these services would be required. Implementing a Stormwater Utility to provide a stable revenue stream would best address any necessary cost increase.

·        A detailed program analysis, with recommendations on how to proceed, is required to determine what level of service is preferred by Council.

 

The main recommendations of the Committee report:

 

·        Initiate formal discussions with neighboring jurisdictions to implement five areas of cooperation listed on page 2, items a-e.

·        Form a Stormwater Management Workgroup to carry out these discussions.

·        Authorize the Manager to obtain services of an experienced consultant to develop the details of how to proceed in a stormwater utility.

·        Establish a Stormwater Action Committee to work with the staff and the consultant to provide advice during the utility development process.

 

Mr. Royal said the Committee membership determined that they did not have the expertise to develop a detailed proposal for a Town Stormwater Utility and preparation of such a proposal would require:

 

·        Evaluation of the Town’s Geographic Information System (GIS)

·        Directing a practical and equitable rate and billing system

·        Considering ordinance policy and legal issues

 

Mr. Royal said the Manager’s response to the proposals of the Committee:

 

·        There are existing formal and informal inter-jurisdictional programs and staff groups that provide a foundation for expanded discussions of cooperative stormwater management programs, and there are eight such groups that could serve the function well, and a new work group would be unnecessary and redundant. Staff from other jurisdictions may propose more formal areas of cooperation.

·        Chapel Hill has existing stormwater and floodplain management programs, regulations, policies and services. The Town’s operating budget and staff limit the current level of service provided to its citizens.

·        The Town’s existing programs and service levels are inadequate to meet new regulatory requirements and to respond adequately to program area changes. 

 

Mr. Royal said that the staff recommends that a two-step process should occur:

 

1.      Develop a pro forma business plan for a proposed Stormwater Management Program funded by a local Stormwater Utility. The elements listed on page 5 of the memorandum.

2.      Establishment of a specific Stormwater Management Program and Stormwater Utility based on the Council’s response to the general proposals and recommendations presented in step one.

 

Mr. Royal continued and said if the Council wished to proceed, the staff believes it could:

 

·        Solicit Statements of Qualification, select and hire a Consultant based on experience and qualifications. 

·        Complete a report based on step one by June 2002, which would included a work plan, schedule, and estimated costs for step two services, which would provide the Council with more information before making a decision.

 

Council Member Harrison said he received an e-mail from former Council Member Alan Rimer, and asked that it be put into the record.

 

Council Member Kleinschmidt asked if there were other jurisdictions doing this, and if so, why was Chapel Hill funding the consultant if this was to be an inter-jurisdictional cooperation.  Mr. Horton said the Town had not been able to attract a partner.

 

Council Member Kleinschmidt asked how it was going to be if the Town is not confident that any product produced by the consultant will be used by an inter-jurisdictional.  Mr. Horton said that the Town of Chapel Hill might have to proceed without partners, but there was the possibility that others would want to join in and they would have to pay to help cover the cost of establishing the utility.

 

Council Member Harrison asked if the Town was the only jurisdiction under Phase II.  Mr. Royal said Carrboro and the University were also under Phase II, noting the threshold was 10,000.  Mr. Horton said if the Council decided on the full development of a stormwater utility and if it wished to appoint a committee to advise the consultant on the pro forma it would not get a report probably until December.

 

Council Member Strom said he disagreed with the staff that the Town did not need a Stormwater Work Group.  He said he attended several of the meetings of the work group, and the group could keep the focus on the idea that this was a severe problem for the community.  Council Member Strom asked if the task had been defined clearly enough to pass this on to a consultant, especially individual streams.  Mr. Royal said these were not specifically mentioned but were covered under Phase II, and a consultant would bring together everything that the past three stormwater committees have been recommending in a cohesive manner.  Mr. Horton said the consultant would have all of the information that was presented to the Council and the task could be done.

 

Mayor pro tem Evans asked if it would be possible to meet the March 2003 deadline, if the Council did not get a report until December.  Mr. Horton said the deadline could be reached if the Council would allow the consultant to work independently and the staff could get a report to the Council in June.

 

MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT RESOLUTION 11.

 

COUNCIL MEMBER STROM OFFERED A FRIENDLY AMENDMENT THAT A SECOND “NOW, THEREFORE, BE IT RESOLVED THAT THE MANAGER BRING AN IMPLEMENTATION PLAN TO THE COUNCIL FOR CONSIDERATION TO ESTABLISH AN INTER-JURISDICTIONAL STORMWATER MANAGEMENT WORK GROUP INCLUDING, BUT NOT LIMITED TO, REPRESENTATIVES OF CHAPEL HILL, CARRBORO, UNC, ORANGE COUNTY AND ORANGE WATER AND SEWER AUTHORITY (OWASA).”

 

Council Member Evans asked if people did not buy into this were they going to be included in the work group.  Council Member Strom said there would be a work group that met regularly, and a potential utility that was Chapel Hill alone.  Mr. Horton said he could understand the distinction.  Mr. Small said there were two separate groups being suggested, one that Council Member Strom was suggesting, and the second was a focus group working with the consultant to set up a utility.

 

Council Member Kleinschmidt said he had concerns that this work group in the friendly amendment would create two paths toward some goal that may be divergent, and might create conflict.  Council Member Strom said the advisory work group that he was proposing was not a policy-making board or a funded board, and the two groups would have a chance to work harmoniously and effectively together.  Mr. Horton pointed out the limited amount of staff resources the Town has to focus on the work.  He said one possibility was for the Council to see the results of the pro forma and then decide to continue to have two separate groups or then have the advisory group after that.

 

The Amendment was not accepted by the seconder.

 

THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

A resolution authorizing the Manager to solicit Statements of Qualification and to select a consultant to prepare for the Council’s consideration a pro forma business plan report on the development and implementation of a utility-based Stormwater Management Program to serve Chapel Hill (2002-02-11/R-11)

Whereas, the Town of Chapel Hill must submit an application for a National Pollutant Discharge Elimination System (NPDES) Phase II permit no later than March, 2003; and

Whereas, the Chapel Hill Town Council desires to consider establishing a utility-based Stormwater Management Program to provide  stormwater and floodplain management, drainage system maintenance, stormwater facility construction, water quality enhancements; and related stormwater management improvements; and

WHEREAS, the Council is aware of increasing stormwater management related mandates and obligations for which the Town is or will be responsible; and

WHEREAS, the Town presently has very limited resources available for dealing with stormwater management related problems and responsibilities; and

WHEREAS, State legislation has made it possible for local governments to establish Stormwater Utilities to help provide funding to meet stormwater management needs and responsibilities; and

WHEREAS, the Council has considered the recommendations a Committee established by the Council to study the implementation of a Chapel Hill Stormwater Utility; and

WHEREAS, the Council is interested in receiving more information about the implementation of a utility-based Stormwater Management Program

Now, therefore, be it resolved by the Council of the Town of Chapel Hill that the Council authorizes the Manager to solicit Statements of Qualification and to select a consultant to prepare for the Council’s consideration a pro forma business plan report on the development and implementation of a utility-based Stormwater Management Program to serve Chapel Hill.

Be it further resolved that the Council directs that the fee for such Consultant services shall not exceed $15,000.

This the 11th day of February, 2002.

 

 

COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER VERKERK, TO ASK THE MANAGER TO BRING AN IMPLEMENTATION PLAN TO THE COUNCIL FOR CONSIDERATION TO ESTABLISH AN INTER-JURISDICTIONAL STORMWATER MANAGEMENT WORK GROUP, INCLUDING, BUT NOT LIMITED TO, REPRESENTATIVES OF CHAPEL HILL, CARRBORO, UNC, ORANGE COUNTY, AND OWASA WITH THE PURPOSE OF FOLLOWING THROUGH ON THE RECOMMENDATIONS OF THE IMPLEMENTATION COMMITTEE ON STORM WATER.

 

Mayor pro tem Evans said she supported the advice for the Council to wait until the consultant’s report.

 

Council Member Kleinschmidt added that he thought it was redundant.

 

Council Member Verkerk said it could be laying the groundwork for future cooperation.

 

Council Member Strom said that it would be a long time with public hearings to discuss creating a utility and there will be no body in place to orchestrate the inter-governmental component, and the work group needed to be established.  He said he felt it would be amazing to have the utility in place twelve months after June.

 

Mayor pro tem Evans responded that there were many other groups doing that work.

 

Council Member Kleinschmidt asked how the Town was failing to do that work presently.   Council Member Strom said there was no coordination between the jurisdictions.

 

Council Member Ward said the Town could not force the other jurisdictions to cooperate.  He felt it might happen in due time.

 

Council Member Strom said the other jurisdictions clearly did not want to form the utility, but they were partners in the group that made the recommendation to establish a work group.

 

Council Member Harrison said that Chapel Hill was getting to the size that it should have the utility, and it would be useful to have a standing committee to deal with it, and some long tenure of people thinking about the issues would be helpful.

 

Council Member Wiggins asked if it would be better to find out if the other jurisdictions were interested before asking the staff to set up an implementation plan to bring it about.  Mr. Royal said the committee made the decision to recommend a work group without thinking about its composition.  He said there was potential for more formalized cooperation

 

Council Member Wiggins said it did seem to have value to have a group to discuss what areas they could cooperate in.

 

Council Member Ward asked if Council Member Strom wished to resurrect the original group, which was an effective group, adding that water was an issue that should be dealt with inter-jurisdictionally.

 

Council Member Bateman said she thought there was real merit to continue with the work already done.  Mr. Horton said it could be handled, but it would put a great more pressure on Mr. Royal who had his daily operational duties to attend to also.

 

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

 

MAYOR PRO TEM EVANS MOVED TO ADOPT ORDINANCE 3, COUNCIL MEMBER WARD SECONDED.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

 

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2001” (2002-02-11/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, 2001” as duly adopted on June 25, 2001, be and the same is hereby amended as follows:

 

 

 

 

 

 

ARTICLE I

 

                                                            Current                                                 Revised

APPROPRIATIONS                           Budget             Increase           Decrease          Budget

 

GENERAL FUND

 

            Non-Departmental

                        Contingency                 22,565                                    15,000             7,565                

 

            Engineering                               975,149           15,000                                     990,149

 

 

This the 11th day of February, 2002.

 

 

Item 11 – Consideration of Downtown Streetscape Construction Options

 

Urban Forester Curtis Brooks reviewed the background for the Downtown Streetscape.  He said the Master Plan was approved on November 22, 1993, a demonstration project was built in 1994, and five additional sections since then have been built during the summer time.

 

Mr. Brooks said a contractor hired by Orange County started work in mid-December on the Orange County Skills Development Center on West Franklin Street, and is scheduled to complete the project by April 15, 2002.  He said in total about one-half mile of construction has been completed, of a total project of two miles.  Mr. Brooks said the area being proposed for the coming summer was on East Franklin Street, starting at the Top of the Hill to Porthole Alley, and this would be the last of the store-front businesses construction on East Franklin Street.  He said the plan included reconstructing all of the raised brick planters and replacing two existing trees, and to improve access to and from the loading area, safety steps and a concrete ramp between planters adjacent to the loading area are being proposed.  Mr. Brooks said the project proposed newspaper racks, similar to those on South Columbia Street, be placed in the area.  He said this section would complete the area so the infrastructure will be there for lighting improvement.

 

Council Member Verkerk said the University was planning a project and she would like be sure that the projects were coordinated.  She suggested delaying the project until the Town knew what the University would be doing for the planned gateway to the University through the Porthole Alley.  She asked if there was a possibility of a public arts component in the projects, adding that the planters needed to be maintained.

 

Mayor pro tem Evans said it was her understanding that Porthole Alley would be the main entrance to the University Arts Commons and it might be well to wait until the issues had been resolved.  She said the worst part of the sidewalks was in front of University Square and asked if the staff had looked at the stretch across from Hams Restaurant.  Mr. Brooks said there were preliminary plans so that area could be done, noting it had less pedestrian traffic.

 

Mayor pro tem Evans said the area in front of the Pharmacy Building was just mud and asked if that area had been discussed.  Mr. Brooks said he believed that section had been discussed for sidewalk construction, and it had not been addressed as part of Streetscape.

 

Mr. Horton said the staff would be glad to have advice from the Council as to any place they wanted worked on.  Mayor pro tem Evans said she would suggest the section from the Stock Exchange to Trilussa.

 

Council Member Ward asked if there would be infrastructure in place to accommodate fiber optic lines and the like.  Mr. Brooks said the conduit bank that the Town is installing includes four 3-inch PVC pipes, one for the street lights, one for the traffic lights, and two extras.

 

Council Member Ward suggested pulling back from Porthole Alley until it was determined what the University would be building.

 

Council Member Wiggins said she could go with any options, and wanted to include some very low budget enhancements designed by the Public Arts Commission.

 

COUNCIL MEMBER KLEINSCHMIDT MOVED, SECONDED BY COUNCIL MEMBER WARD, TO REFER THIS IDEA TO THE CHAPEL HILL PUBLIC ARTS COMMISSION FOR SUGGESTIONS ON HOW TO INCORPORATE PUBLIC ART IN ANY OF THE STREETSCAPE PROJECTS.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Mr. Horton said the staff would appreciate any suggestions from the Council and would be glad to evaluate any areas they suggested.  Mr. Brooks said most of the options given in the memorandum were in the same price range.

 

Mayor Pro Tem Evans suggested talking to some of the merchants and bringing back their concerns before the projects are decided on.  Mr. Horton said that experience showed that some of the merchants would be for it and others would not.  He suggested that the feedback be to the Council.

 

Council Member Verkerk said she would favor the section from Wachovia Bank to the Old Post Office, and would not favor the section in front of parking lot #5, because they might get torn up later.

 

Mayor pro tem Evans said the part in front of the post office was already completed.

 

Item 12 – Draft Durham-Chapel Hill-Carrboro 2004-2010

Regional Transportation Priority List

 

Transportation Planner David Bonk said the memorandum before the Council summarized the status of the development of 2002-2010 Regional Transportation Priority List and the Draft Regional List developed by the Metropolitan Planning Organization for the Durham-Chapel Hill-Carrboro Urban Area.  He said that Regional List incorporated the projects from a list approved by the Council last year, which was the Chapel Hill priority list.

 

Mr. Bonk said the 2004-2010 list only included projects that had been partially funded or not funded at all in previous requests made by the Town for projects of the Transportation Improvement Program (TIP).  He said page 2 was a list of projects already funded by the 2002-2008 TIP, and those projects, with the exception of the Estes Drive project, which is only partially funded, will not show up again in the next cycle of the TIP or in the Council’s priority list, attached to the memorandum as Attachment 1.  Mr. Bonk said that Table 2 on page 3 listed the projects that were approved by the Council and notes how they had been dealt with in the Regional Priority List.  He said the staff had identified several issues it believed were important enough for the Council to include them in their comments to the Transportation Advisory Committee, which will be having a public forum on the list next Wednesday night and will adopt the final list.

 

Mr. Bonk said that the Manager’s recommendations were on page 6 of the memorandum, and the list had gone to the Planning Board, Transportation Advisory Committee, Bicycle and Pedestrian Advisory Board, and the Greenways Commission, all of who had commented and their comments were incorporated in the Manager’s recommendation.  He said the list was weighted by the staff, and the staff felt that the Town’s transit projects should be ranked individually as in the past and that several other projects should be moved up for various reasons.

 

Council Member Verkerk, referring to the staff’s comment on page 6 about funding for the projects being limited to the State bicycle and pedestrian program, asked if there was some movement to remove that barrier.  Mr. Bonk said he was not aware of this.

 

Mayor Foy asked what the Homestead Road improvements were.  Mr. Bonk said the scope of that project was still under development, and generally the widening of that road would be on the turn lanes and bicycle facilities and sidewalks.  He said not much has been heard from the DOT lately.  Mr. Bonk said this project was further along than the Estes Road project.

 

Mayor Foy suggested that the Council should be kept informed about the project.  Mr. Bonk said he would have a status report for this project.

 

Council Member Ward suggested a status report on Estes Drive as well.

 

Mayor pro tem Evans asked for a projects report on impact on Homestead Road, where both Chapel Hill and Carrboro were planning developments off this road. 

 

MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT RESOLUTION 13.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

 

A RESOLUTION PROVIDING COMMENTS TO THE DURHAM-CHAPEL HILL-CARRBORO TRANSPORTATION ADVISORY COMMITTEE ON THE DRAFT 2004-2010 REGIONAL TRANSPORTATION PRIORITY LIST (2002-02-11/R-13)

 

WHEREAS, the Durham-Chapel Hill-Carrboro Transportation Advisory Committee has prepared a draft 2004-20108 Regional Transportation Priority List; and

 

WHEREAS, the Transportation Advisory Committee has opened a public comment period on the Draft Priority List

 

NOW, THEREFORE, BE IT RESOLVED, by the Council of the Town of Chapel Hill that the following comments be submitted to the Transportation Advisory Committee on the Draft 2004-2010 Regional Priority List.

 

·        Estes Drive (#4) should be given points for “reduces use of single occupant vehicles” and full funding accelerated in the 2004-2010 Transportation Improvement Program.

·        Individual Chapel Hill Transit capital projects should be included and ranked separately.

·        Chapel Hill Signal System Upgrade (Unranked) should be given points for “safety” and “promotes energy conservation”

·        The Regional Rail project, Duke to North Raleigh and the U.S. 15-501 fixed guideway project should be ranked higher on the priority list.

·        Projects that are primarily intended to expand capacity for single occupant vehicles should not be assigned points for “reduces use of single occupant vehicles, provides for more transportation choices or promotes energy conservation”.

·        It should be noted that funding for NC86 Bicycle Lanes (#11) should include the use of highway funds.

·        The Durham-Chapel Hill-Carrboro Transportation Advisory Committee should advise the North Carolina Department of Transportation that the Priority List adopted in March or April, 2002 may be revised upon adoption of the final 2025 Regional Transportation Plan.

 

This the 11th day of February, 2002.

 

Item 13 – Fixed Guideway Transit Corridor Evaluation

 

Transportation Planner David Bonk said the evaluation was the result of two separate, but related, initiatives coming from the Council:

 

·        A Council member requested an evaluation of a possible fixed guideway transit connection between the proposed Gateway station and future development on the University of North Carolina Horace Williams property.

·        A Council member requested consideration be given to evaluating additional possible fixed guideway connections.

 

Mr. Bonk said there were two questions before the Council at this time:

 

·        Are there additional fixed guideway transit corridors that the Council wishes to have evaluated; and

·        What is the appropriate process for completing this evaluation

 

Mr. Bonk asked if the best venue would be the 2025 plan which is currently being completed.  He said in early March the Council would be seeing the results of the evaluation of fourteen separate alternatives, and the Transportation Advisory Committee would be asking for public comment on those alternatives.  Mr. Bonk said if the Council decided that there were other corridors they wished to evaluate, one option would be just to use the 2025 plan, or, either both the Highway 54 study and the 2025 plan.  He said the staff was recommending Resolution A instead of Resolution B because a broader evaluation of the alternatives could best be done through the offices of the 2025 Study.

 

Council Member Strom asked what the staff had done with the study of the Highway 54 corridor as an east-west study.  Mr. Bonk said that part of the challenge of pursuing that was that all of the land was outside of the Chapel Hill jurisdiction, so it seemed better to put these options into a broader regional study.

 

Council Member Strom said he was curious if there was a way to link the Gateway into the Highway 54 corridor, other than going to Meadowmont and the Friday Center.

 

Council Member Harrison asked if the staff had looked at the High Occupancy Vehicle (HOV) study.  Mr. Bonk said the staff had been told that that evaluation was not included as part of the scope.

 

Council Member Strom said he had heard from several citizens that the east-west connection might be desirable, and the Council should consider what the options were for a guideway coming into the Town

 

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

 

COUNCIL MEMBER STROM PROPOSED AN AMENDMENT TO RESOLUTION 14A TO THE FIRST BULLET:  DELETE PERIOD AND INSERT COMMA, AND ADD THE LANGUAGE “INCLUDING A CONNECTION INTO THE I40/54/MIS STUDY AREA.

 

This amendment was approved by the mover and seconder.

 

THE MOTION WAS ADOPTED UNANIMOUCLY (9-0).

 

 

A RESOLUTION REQUESTING THE DURHAM-CHAPEL HILL, CARRBORO TRANSPORTATION ADVISORY COMMITTEE INCLUDE THE EVALUATION OF ADDITIONAL FIXED GUIDEWAY ALTERNATIVES IN THE DEVELOPMENT OF THE 2025 REGIONAL TRANSPORTATION PLAN (2002-02-11/R-14a)

 

WHEREAS, the Durham-Chapel Hill-Carrboro Urban Area is developing a 2025 Regional Transportation Plan; and

 

WHEREAS, the 2025 Regional Transportation Plan will include an evaluation of potential fixed guideway corridors within the Durham-Chapel Hill-Carrboro area; and

 

WHEREAS, the Town of Chapel Hill had identified several additional fixed guideway corridors for evaluation.

 

NOW, THEREFORE, BE IT RESOLVED, by the Council of the Town of Chapel Hill that the Durham-Chapel Hill-Carrboro Transportation Advisory Committee is requested to evaluate additional fixed guideway corridors in the development of the 2025 Regional Transportation Plan, including:

 

·        Between the proposed fixed guideway station at the Gateway area and the Horace Williams property, including a connection into the I-40/NC 54 MIS study area

·        Along NC86, between I-40 and the Southern Village

·        Along U.S. 15-501/Franklin Street, between I-40 and Carrboro

 

This the 11th day of February, 2002.

 

Item 14 – Appointments

 

14a.  Pritchard Park Committee.  Mayor pro tem Pat Evans was appointed as Council Liaison to this Committee.

 

14b.  Board of Adjustment.  Susan Franklin was appointed by a vote of 6-3.

 

Board of Adjustment                                          Council Members

 

      Applicants

Foy

Bateman

Evans

Harrison

Kleinschmidt

Strom

Verkerk

Ward

Wiggins

TOTAL

Enrique Armijo

 

X

X

 

 

 

 

 

X

3

 

Terry Blalock

 

 

 

 

 

 

 

 

 

0

 

Susan Franklin

X

 

 

X

X

X

X

X

 

6*

 

Brian Smith

 

 

 

 

 

 

 

 

 

0

 

 

Item 15 – Petitions

 

15a(1).  Council Member Bateman regarding a resolution welcoming WCHL back to the community.

 

COUNCIL MEMBER BATEMAN MOVED, SECONDED BY MAYOR PRO TEM EVANS, TO ADOPT RESOLUTION 16.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

 

A RESOLUTION WELCOMING WCHL RADIO BACK TO THE CHAPEL HILL COMMUNITY AND EXPRESSING APPRECIATION FOR ITS YEARS OF SERVICE TO CHAPEL HILL (2002-02-11/R-16)

 

WHEREAS, WCHL Radio has a strong tradition of serving the Chapel Hill community; and

 

WHEREAS, WCHL was founded in 1953 by Sandy McClamroch and nurtured over the years by Jim Heavner and many other hard-working people, fostering the old village atmosphere for many years; and

 

WHEREAS, over the years, WCHL won an abundance of awards for news and sports coverage and was seen as the flagship station for University of North Carolina athletics; and

 

WHEREAS, many outstanding people have worked for WCHL over the years, establishing standards of quality and providing a forum for discussion of local issues, including the WCHL Good Morning Show; and 

 

WHEREAS, WCHL has traditionally provided a public service by covering local issues such as elections and wall-to-wall coverage of weather emergencies; and

 

WHEREAS, when WCHL moved to Durham Bulls Athletic Park in the late 1990s to share studio space with its sister station, WDNC, much of our local coverage was lost; and

 

WHEREAS, WCHL owners and managers have expressed desire to get WCHL back to its roots and have formulated plans to bring the station back to Chapel Hill, beginning with the WCHL Good Morning Show, which has returned to the airwaves; and

 

WHEREAS, WCHL is seeking citizen input for renewing its role as the homegrown radio station, including establishment of a web site at 1360WCHL.com and a new Carolina sports talk show in the afternoon;

 

NOW, THEREFORE, BE IT RESOLVED that the Council of the Town of Chapel Hill hereby welcomes WCHL Radio back to the Chapel Hill community and expresses appreciation for its years of service to Chapel Hill.

 

This the 11th day of February, 2002.

 

 

15a(2).  Council Member Harrison regarding request for work session of traffic congestion.

 

Council Member Bateman said she was concerned by the number of work sessions the Council had added to its schedule before June.  She asked if it could be put on the agenda.

 

 

 

 

15a(3).  Council Member Strom regarding recommendations from Advisory Boards.

 

Council Member Strom petitioned the Council to consider the effect on policy recommendations from advisory boards based on the fact that some of the advisory boards were interviewing applicants, and to ask the Manager to do a little research for alternative methods for appointing advisory board members.

 

Council Member Strom amended his written petition, noting that that #2 would include a period after the word “appointments.”, then the last two sentences would be deleted.

 

COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT HIS PETITION AS AMENDED.  THE MOTION WAS ADOPTED BY A VOTE OF 8-1, WITH MAYOR FOY, COUNCIL MEMBERS BATEMAN, HARRISON, KLEINSCHMIDT, STROM, VERKERK, WARD, AND WIGGINS VOTING AYE, AND MAYOR PRO TEM EVANS VOTING NAY.

 

Mayor pro tem Evans said she thought the staff had so much to do, that this petition was not important.

 

Items Pulled

 

4d. Council Calendar Amendment for Council Budget Work Sessions and Development Ordinance Forums and Workshops.

 

Mayor Foy said that the Legislative Breakfast will be rescheduled.

 

Discussion followed about changing times for the scheduled meeting, and having alternative times and schedules, and whether to start meetings for workshops at 5:30 p.m. so that more of the public would be able to watch the meetings. The Council agreed to leave the February 13 work session at 4:00 p.m.

 

COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT RESOLUTION 4.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION ADOPTING A CALENDAR OF COUNCIL MEETINGS FOR THE REMAINDER OF 2002 (2002-02-11/R-4)

 

Month

Day of week

Date

Type of Meeting

Notes

February

Monday

11

Business

 

 

Wednesday

13

Budget Work Session

Advisory board presentations; 4:30-6:30 p.m.

 

Monday

18

Hearing

 

 

Wednesday

20

Budget Work Session

Advisory board presentations; 5:30-8:00 p.m.

 

Monday

25

Business

 

 

Wednesday

27

Budget Work Session

5:30-8:30 p.m.; presentation by departments

 

This the 11th day of February, 2002.

 

 

4e.  Resolution authorizing continued participation in the Sykes Street Project.

 

COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT RESOLUTION 5 AS AMENDED TO READ “IMPLEMENTING A PLAN FOR MAKING IMPROVEMENTS IN THE SYKES STREET NEIGHBORHOOD INCLUDING THE SIDEWALKS/PEDESTRIAN INFRASTRUCTURE.”

 

Mr. Horton said there would be changes in the budget for that amendment.

 

THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

 

A RESOLUTION AUTHORIZING THE TOWN’S CONTINUED PARTICIPATION IN IMPLEMENTING A PLAN FOR MAKING IMPROVEMENTS IN THE SYKES STREET NEIGHBORHOOD (2002-02-11/R-5)

 

WHEREAS, in December 2000, Orange Community Housing and Land Trust and EmPOWERment, Inc. proposed a partnership among community organizations, neighborhood residents, the University of North Carolina Department of City and Regional Planning, and the Town of Chapel Hill to develop an Action Strategy for the Sykes Street area; and

 

WHEREAS, on January 8, 2001 the Council authorized the Town’s participation in developing an Action Strategy for the Sykes Street area; and

 

WHEREAS, on September 24, 2001 the Council authorized the Sykes Street Action Plan and authorized the Town’s continued participation in implementing a plan for making improvements in the Sykes Street neighborhood including the sidewalk and pedestrian infrastructure;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town’s continued participation in implementing a plan for making improvements in the Sykes Street neighborhood.

 

BE IT FURTHER RESOLVED that the Council authorizes the use of $500 of Community Development funds for class expenses related to the project.

 

This the 11th day of February, 2002. 

 

 

5e.  Report on Storm Drainage Issues involving 507 and 509 Colony Woods Drive.

 

Council Member Harrison said his neighbor had brought a petition to the Council on this issue but he had not seen any action.  Mayor Foy asked how the neighbors had not been indemnified.  Mr. Small said the staff was concurrently doing the work and negotiating on the wording of the agreement.  He said the neighbors’ attorney would not agree on the wording.  Mr. Small said, in hindsight, he should have gotten the documents signed before doing the work.

 

Council Member Harrison said there was a little more to be done on the site, and the enforcement was the right thing to do, and this should be taken into consideration in the new Development Ordinance.

 

Council Member Strom said this case needed to be kept in mind when developing the Development Ordinance, and he would like to talk further of the off-site stormwater impacts when the Council discussed the Ordinance.

 

The meeting adjourned at 11:27 p.m.