SUMMARY MINUTES OF A BUSINESS MEETING

OF THE CHAPEL HILL TOWN COUNCIL

MONDAY, SEPTEMBER 23, 2002, 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, Senior Long Range Planner Chris Berndt, Planner Than Austin, Planning Director Roger Waldon, Engineering Director George Small, and Town Clerk Joyce Smith

 

Item 1 - Ceremonies:  None

 

Item 2 - Public Hearings:  None

 

Item 3 - Petitions by Citizens and Announcements by Council Members

 

a.         Petitions by citizens on items on the agenda.

 

1.   The Peoples Channel, requesting modification of Performance Agreement with the Town.

 

Mayor Foy summarize the written petition from Robert J. Gwyn, President and Chairman of The Peoples Channel 8, requesting that the Town modify the Performance Agreement ban on advertising to enable simulcasts of some programming, special events, and cross promotion of programming and news.

 

Council Member Kleinschmidt expressed concern about the relationship between The Peoples Channel, a non-profit, and WCHL, a for-profit organization.  He requested that more information regarding the cross-promotional issue come back with the Manager's report.  Council Member Kleinschmidt commented that broadcasting simultaneously while muting advertising did not seem like a satisfying solution.  He expressed concern about the advertising benefit that it might give WCHL.

 

Mr. Horton noted that Mr. Jim Heavner was present and could comment on that.

 

Council Member Strom pointed out that the Peoples Channel's mission statement made it clear that its purpose was non-commercial.  He said that he, too, had concerns about changing that mission.  If the Town is considering proceeding this way, he said, then there should be an opportunity for significant public comment.

 

Mayor Foy and Mr. Horton agreed to hear from Mr. Heavner and Mr. Gwyn on this matter after the Manager's report comes back to the Council.

 

Council Member Ward requested information on technical ways to prevent the commercial aspects from bleeding over into public access.

 

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

 

b.      Petitions by citizens on items not on the agenda.

 

1.  Mildred Council regarding problems with deer; speeding on Rosemary Street; request for crosswalk.

 

Mildred Council, owner of Mama Dip's Restaurant, displayed a picture showing five of the eleven deer that she said frequent her yard.  Ms. Council explained that she had been prohibited from putting up a fence because of a nearby creek, which she said never has water in it.  She explained that she was concerned about Lyme disease and worried about the large bucks being aggressive toward her children and grandchildren.

 

Ms. Council also asked that the speed limit on Rosemary Street be reduced to 20-25 mph, as it is on Franklin Street and on other parts of Rosemary Street.  She recommended putting in a crosswalk by Mitchell Lane where there are no sidewalks.

 

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

 

Jim Heavner regarding Agenda Item 7: Proposed Weaver Dairy Road Improvements (N.C. 86 to Erwin Road)

 

Mayor Foy suggested that Mr. Jim Heavner speak at this point in the meeting regarding Agenda Item #7 rather than waiting until later on.  The Council agreed by consensus.

 

Mr. Heavner stated that he owned a 20-acre parcel of land on Weaver Dairy Road that is occupied by the Campus on Vilcom Circle.  He requested that the Town build the safest possible road there, noting that what the road will exist long after everyone now occupying that space has gone.   Mr. Heavner asked the Council to look at its own policy regarding the intent of Weaver Dairy Road, which he said was on the Town's long term plan as a thoroughfare, not a neighborhood road.  He described turn lanes as "too great a temptation" and recommended that the Town listen to what professional engineers say would be the safest road.   Mr. Heavner alluded to a "widespread belief" that Mayor Foy already had an agreement with the NCDOT to accept the three-lane road.  He said, though, that he had spoken with the DOT and was told that no such agreement exists.

 

c.  Announcements by Council members.

 

1.      Report by Mayor Foy on progress in discussions regarding a third high school.  Mayor Foy reported that he had spoken, at the request of the Council, with the Chair of the Chapel Hill School Board and the County Commissioners to discuss the issue of another high school.  He had conveyed the Council's desire to know how a new high school would be funded, sited, opened, etc.  Mayor Foy also conveyed the Council's interest in participating to the extent appropriate, he said.  He reported that the School Board had suggested that he or another Council member come to the High School Committee meetings.  He had agreed to do so, he said, adding that he would keep the Council informed as to what was going on and whether they had a role in it.  Mayor Foy commented on the benefit of having this decision made by a range of elected people who are communicating openly, rather than having some say "it's not our department."  He noted that this was especially important given that the Schools Adequate Public Facilities Ordinance was "hopefully" in the future.

 

2.  Mayor Foy commented on some of the issues that arose at a recent Council meeting on the Land Use Management Ordinance.  He noted that there seemed to be a misperception that the Council wanted people to tear down their nonconforming properties.  The Council had never had any discussion like that, said Mayor Foy, adding that typically the Town would grandfather all existing uses under the current ordinance.  But it was most likely that no one would have a nonconforming use as a result of the new ordinance, he said. 

 

Regarding the duplex issue, Mayor Foy explained that the goal was to stop the conversion of Northside into a non-residential neighborhood.  He stated that the Town Council had no intention of restricting uses in other areas of Town that could increase the stock of affordable housing.  Regarding steep slopes, he explained that the Town was interested in finding a way to keep from contributing to erosion and other environmental degradation as a result of construction.   The Town does not have an interest in stopping people form building on buildable lots, he said.  Mayor Foy commented that Chapel Hill citizens need not be concerned about a "crazed Council" attempting to take their homes.          

 

2.   Council Member Kleinschmidt invited citizens to an annual N.C. Gay and Lesbian Pridefest and Parade at Duke University on September 28, 2002 at 10:30 a.m.  He described the event as the "best show in Town, bar none."

 

3.   Council Member Wiggins commented that she has the same problem with deer in her neighborhood that Ms. Council has.  She noted that deer cause auto accidents by unexpectedly dash across the street.   

 

4.   Council Member Bateman announced that a Schools and Land Use Council meeting had been rescheduled. 

 

Item 4 - Consent Agenda

 

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

 

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES (2002-09-23/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.

Approval of Minutes: June 10 (amended); August 26.

b.

Proposed Sale of Cedar Falls Park Property (R-2); (O-1).

c.

Authorization to Exchange Property Adjacent to Cedar Falls Park (R-3).

d.

Proposed Donation of Property along Morgan Creek (R-4).

e.

Request for Expedited Processing of Special Use Permit Application for 229 N. Graham Street (R-5).

 

This the 23rd day of September 2002.

 

 

A RESOLUTION AUTHORIZING THE MANAGER TO SELL A 1,767 SQUARE FOOT (.04 ACRE) PORTION OF CEDAR FALLS PARK TO JAMES H. HILKEY AND CYNTHIA L. WILHELM FOR $6,600 IN ORDER TO RESOLVE AN EXISTING BOUNDARY ENCROACHMENT (2002-09-23/R-2)

 

WHEREAS, improvements associated with lot 2 Block J of the Lake Forest Subdivision, further identified as Chapel Hill tax map 7.41B..8, were built upon property owned by the Town; and

 

WHEREAS, a sale of 1,767 square foot (+/-) of Town property to James H. Hilkey and Cynthia L. Wilhelm would resolve the boundary encroachment that has been in effect for at least 30 years; and

 

WHEREAS, it is in the best interest of the Town and James H. Hilkey and Cynthia L. Wilhelm to resolve the property line issue; and

 

WHEREAS, James H. Hilkey and Cynthia L. Wilhelm have agreed to pay all legal and survey costs associated with the sale;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to sell a 1,767 square foot (.04 acre) portion of Cedar Falls Park to James H. Hilkey and Cynthia L. Wilhelm for $6,600 in order to resolve an existing boundary encroachment.

 

This the 23rd day of September, 2002.


AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2002 (2002-09-23/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, 2002” as duly adopted on July 26, 2002 be and the same is hereby amended as follows:

 

ARTICLE I

 

                                                  Current                                                                       Revised

APPROPRIATIONS                  Budget                Increase           Decrease                  Budget

 

CAPITAL IMPROVEMENTS

FUND                                      818,480                    6,600                                         825,080                       

 

ARTICLE II

 

                                                  Current                                                                       Revised

REVENUES                               Budget                Increase           Decrease                  Budget

 

CAPITAL IMPROVEMENTS

FUND                                      818,480                    6,600                                         825,080

 

 

This the 23rd day of September, 2002.

 

 

A RESOLUTION AUTHORIZING THE MANAGER TO EXCHANGE APPROXIMATELY 27,656 SQUARE FEET OF TOWN OPEN SPACE PROPERTY FOR A QUITCLAIM DEED OVER APPROXIMATELY 41,250 SQUARE FEET ADJACENT TO CEDAR FALLS PARK (2002-09-23/R-3)

 

WHEREAS, improvements associated with lot 2-8 of the Countryside Subdivision were built upon open space property owned by the Town; and

 

WHEREAS, the open space area in question consists of approximately 27,656 square feet (+/-); and

 

WHEREAS, a deed gap consisting of about 41,250 square feet (+/-) exists between the open space area and Cedar Falls Park; and

 

WHEREAS, it would benefit both the Town and Linda and Cliff Butler, the owners of lot 2-8 of the Countryside Subdivision to resolve the property line issue; and

 

WHEREAS, the Butlers have agreed to pay all survey and legal costs associated with the closing; and

 

WHEREAS, the Butlers have agreed to remove all improvements from the portion of the property that would be deeded to the Town;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to exchange 27,656 square feet (+/-) of Town open space property for a quitclaim deed over 41,250 square feet (+/-) adjacent to Cedar Falls Park.

 

This the 23rd day of September, 2002.

 

 

A RESOLUTION ACCEPTING A DONATION OF .77 ACRES OF PROPERTY IDENTIFIED AS CHAPEL HILL TAX MAP 7.126.D.11 FROM THE CONSERVATION COUNCIL OF NORTH CAROLINA FOUNATION (2002-09-23/R-4)

 

WHEREAS, the Conservation Council of North Carolina Foundation is the owner of .77 acres of open space property adjacent to Morgan Creek; and

 

WHEREAS, the Town has been acquiring open space properties along Morgan Creek;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council accepts the donation of .77 acres of property, identified as Chapel Hill tax map 7.126.D.11 from the Conservation Council of North Carolina Foundation.

 

BE IT FURTHER RESOLVED that the Manager is authorized to use Open Space bond funds to pay any necessary closing costs related to the transfer of land.

 

This the 23rd day of September, 2002.

 

 

A RESOLUTION DIRECTING EXPEDITED PROCESSING IN THE REVIEW OF REZONING AND SPECIAL USE PERMIT APPLICATIONS FOR 229 NORTH GRAHAM STREET (2002-09-23/R-5)

 

WHEREAS, the Town Council has received a petition from EmPOWERment, Inc. for expedited processing of a Rezoning application and a Special Use Permit application seeking approval of development at 229 North Graham Street; and

 

WHEREAS, the Town Council finds that there is a significant public interest associated with development of this affordable housing;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is directed to expedite processing of the Rezoning and the Special Use Permit application for 229 North Graham Street in a manner that will speed review without sacrificing breadth or depth of analysis.

 

This the 23rd day of September, 2002.

 

 

Item 5 - Information Items

 

a.      Annual Report: Resource Conservation District Activity.

 

Council Member Strom requested that the Council continue to receive staff reports regarding variances in the RCD.

 

Council Member Ward agreed, adding that the annual summary was particularly helpful.

 

Council Member Bateman pointed out that one particular request had been granted with the condition that the property owner remove a deck.

 

Item 6 - Report to the Council from the Million Solar Roofs Committee

 

Million Solar Roofs Steering Committee member Tom Henkel noted that former Committee members Joyce Brown, Josh Gurlitz and Tom Wills were also present.  Mr. Henkel then read a report from the 20-member Committee.  The report summarized the Committee's history since it began in April 2000 and noted that it had  made significant progress on three projects:

 

·        Developing an informal display board explaining the Hargraves Center photovoltaic electric generating system.

·        Installing a solar water heating system for the Community Center, and

·        Writing a series of articles for newspapers and other publications highlighting local solar installations. 

 

Mr. Henkel outlined the Committee's funding possibilities and the projects that it intends to pursue in the coming year.

 

·        Promotion of the NC Green Power option for electricity purchases.

·        Participation in the Green Building Tour hosted by the NC Sustainable Energy Association, scheduled for March 2003, to highlight local solar installations.

·        Additional installations or performance monitoring projects funded by the USDOE/NC Energy Office RFP.

·        Enhancement of the Town web suite to include solar energy information.

·        Integration of Chapel Hill High School students into activities.

 

Mr. Henkel asked that the Committee be allowed to continue its work, that the Council authorize staff support for an additional year, and that the Committee be authorized to meet more frequently.  He pointed out that Committee members were applications and advocacy oriented and that the Committee was a good size and constituency to pursue the initiatives outlined.  He said that Committee members agreed with the importance of coordination with the broader concerns and activities of the proposed Energy, Environment, and Sustainability Committee.  Mr. Henkel requested that the Town Council establish a liaison with that Committee.

 

Council Member Verkerk, noting that she and Council Members Ward and Strom would soon be reactivating the Energy, Environment, and Sustainability Committee, welcomed the opportunity to meet with members of the Million Solar Roofs Committee to discuss working together.

 

Council Member Bateman inquired about the Hargraves display.  Mr. Henkel explained that it was nearly deployable.  Council Member Bateman asked if the solar panels at the Community Center would be over the swimming pool.  Mr. Henkel said that they would be placed over the entrance, and would not be aesthetically displeasing.  Council Member Bateman praised the Committee's suggestion to include high school students, predicting that students will be very receptive.

 

Mr. Henkel mentioned that the application of day lighting had been very successful at the Smith Middle School.  He described it as an extremely effective passive use of solar energy.

 

Council Member Harrison expressed strong support for all of the Committee's recommendations.  He said that he and his neighbors in Durham County would be interested in converting their passive solar houses to active solar heating.  Council Member Harrison praised the designers of Smith Middle School and recommended that other designers use that as a model.  He recommended catching potentially bad designs during the review process and publicizing how to do it correctly.  Mr. Henkel replied that the Committee intended to include case studies in newspaper articles and that day lighting would be part of those stories.

 

COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER STROM, TO EXPAND THE ENERGY, ENVIRONMENT, AND SUSTAINABILITY COMMITTEE TO INCLUDE A MEMBER OF THE MILLION SOLAR ROOFS COMMITTEE, AND THAT THE TOWN CONTINUE THE WORK OF THE MILLION SOLAR ROOFS COMMITTEE AND THE STAFF SUPPORT.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Item 7 – Proposed Weaver Dairy Road Improvements (N.C. 86 to Erwin Road)

 

Mayor Foy explained that R-6 would approve the concept plan for Weaver Dairy Road.

 

Chapel Hill/Carrboro Chamber of Commerce Director Aaron Nelson reported on the policy and position statements that the Chamber Board had unanimously adopted.  The Board of Directors supports a Weaver Dairy Road that is at least one lane of continuous uninterrupted travel in both directions for the full length of the road, Mr. Nelson said.  He stated the Board supports a road that has bike lanes and sidewalks the full length of the road, and proposes no narrowing of Sage Road.  Mr. Nelson said the Chamber's Board supports a road that is judged by NCDOT and Town engineers to be a safe road that can accommodate projected capacity, and one that can be funded by NCDOT, he said.

 

Mr. Nelson reported that the Chamber's position is as follows:  If NCDOT engineers express no professional objection to the current compromise proposal for Weaver Dairy Road, and they indicate that it is eligible for funding, then the Chamber will support the compromise and will lobby NCDOT to fund it and will lobby NCDOT to appropriate any excess earmarked funds for that project that are left unspent to unfunded projects in Chapel Hill and Carrboro.

 

Noting that a recent headline in the Chapel Hill News had said the Chamber supported the three-lane road, Mr. Nelson clarified that Chamber members' critical concern was that the road be safe and that NCDOT say it is available for funding.  What is unacceptable to Chamber members and the Board, he said, is that there is a substandard road in the community and that there is a disagreement between the Town and NCDOT that causes both parties to walk away.

 

Scott Maitland added that the Chamber's mission was to make sure that the Town takes a proactive approach to its urban livability issues.  He recommended taking a long and expansive view of these issues as they come along to ensure that these roads serve the community well in the future.

 

COUNCIL MEMBER STROM MOVED R-6, SECONDED BY COUNCIL MEMBER KLEINSCHMIDT.

 

Mayor pro tem Evans read the following statement:

 

On January 22, 2001, the staff's conclusions and recommendation were:  "We think that Weaver Dairy Road should be improved to safely and effectively serve pedestrian, bicycle, and vehicular traffic now and in the future.  To best accomplish this over the long term, we believe that improvements would need to include the following: two travel lanes in each direction with exclusive turn lanes to accommodate growing traffic volumes, bus pull-off areas as necessary, bicycle accommodations in both directions, raised center median areas to provide refuge for pedestrians and landscaping opportunities." 

 

In an April, '02 memo to the Council, the staff stated:  "The state has reconfirmed that the currently proposed project (Evans: that means the one described above, which was the four lanes with turn lanes) would be designed such that:

1.      Reasonable access would be provided to properties fronting on country roads and no direct driveway connections between these properties and Weaver Dairy Road would be necessary.

2.      Existing improvements including sidewalks, landscaping, and walls adjacent to Silver Creek and Chesley subdivisions, would be undisturbed.

3.      Construction would be addressed as necessary to assure the viability of the large trees and rose bushes near the entrance of Carol Woods facility."

 

At the forum recently held by the Council many citizens seemed to be confused by the facts.  I have spent a great deal of time researching different design options, listening to citizens, and talking to transportation professionals.  I have also searched for a comparable road design—two travel lanes with a continuous center turn lane—in Chapel Hill to see how safely and effectively it serves the community.  I could not identify a road in Chapel Hill that has one traffic lane in each direction and a continuous center turn lane.  This supports statements in the literature and expressed publicly at the forum that there are many dangers associated with a three-lane road design.  Will a three-lane design decrease noise or air pollution?   No.  With an increase in the number of traffic signals and the increase in the number of cars stopping and starting air pollution and noise will increase.  Will the volume of cars be reduced?   Chapel Hill may deny the development applications based on the lack of infrastructure, however much of the future growth will be in the huge ETJ area of Carrboro and at Carolina North. 

 

Regarding pedestrian and bicycle safety, here we have a special opportunity.  In the USDOT March 2002 Pedestrian Facilities Users guide, it states: "On high volume roads it may be more appropriate to provide a multi-use path to physically separate both bicyclists and pedestrians from motor vehicle traffic."  I believe that we would have strong support to insist that a multi-use path be provided for the walking and biking safety of the young and the old and a way to increase non-automobile trips to the school, park, retirement community and nearby commercial area that includes a grocery store, post office, theater and coffee shops.  Will a three-lane design be safe for pedestrians?   Will a roundabout be safe for pedestrians?    Where will traffic, including buses, move when the fire trucks from the nearby fire station leave to answer as call? 

 

Why do we think that this three-lane design will be the best design to serve the community?  Weigh all of the issues and factor in the political pressure shown at the forum.  However, we are elected to make wise decisions based on the facts. And I ask you now, will the three-lane design be safe and will it effectively meet the needs of the community now and in the future?"           

 

Council Member Ward offered an amendment to remove the first "Be it resolved…" He argued that the Town should not make the commitment at this point to give up any State funding forever.

 

Council Member Strom did not accept the amendment because the negotiations assume that this clause will remain on the table, he said.

 

Council Member Ward asked, if the DOT sees this design as a safe and prudent use of State funds then why would the Town say that it does not deserve equal footing with any other road improvement that the State might make.  Mayor Foy replied that DOT was addressing the fact that different Councils make different decisions.  He explained that the DOT wanted this Council to make a serious decision on behalf of the community and then live with that decision into the future rather than leaving the option for a future Council to change it.  Mayor Foy explained that the DOT wanted assurance from the Town Council that this is a principle and not an interim decision.  He pointed out that even though DOT does not agree with what the Town is doing, they might agree that it does not violate any safety principles or design standards.  Mayor Foy added that there had been indications from DOT during the ten months of discussions that certain things were necessary, and this was one of them.

 

In response to an earlier comment about a deal having been struck with DOT, Mayor Foy pointed out that he does not have the authority to make such a deal.  Only the Town Council has that authority, he said, and the Council has not yet formally stated its position.  He said that there had been ongoing discussions and firm positions taken, and that one of those had been that the Town must live with the decision it makes.  He said that DOT had communicated this clearly during discussions.

 

Council Member Ward asked if the caveat in question was something that DOT was firm about not negotiating.  Mayor Foy replied that it was.

 

Council Member Bateman pointed out that DOT could not make decisions for future DOTs any more than the Council could make them for future Councils.  She stated that the Council would be deciding with this compromise that it would not ask for any further funding for this road in the foreseeable from this particular DOT group.

 

Mayor pro tem Evans asked if DOT intended to go ahead and purchase the right-of-way for a wider road.  She predicted that it would be more expensive and difficult to acquire the property later on.  Mayor Foy replied that DOT had indicated in the past that it wanted to purchase the entire right-of-way for a four-lane cross-section.  He said that he assumed that if the Council passed the resolution it would go to DOT for its formal review, followed by citizen comments in October or November. Then, if DOT goes forward with the three-lane option, he said, the Town will get into specifics.

 

Council Member Harrison agreed that it was too early now for design specifics.  He expressed gratitude to the staff for adding a proposal for roundabouts and the six reasons for them.   He noted that, considering the right-of-way, the plan could include light outer lanes as well as the multi-use path that Mayor pro tem Evans was advocating.

 

Council Member Bateman noted that DOT had proposed three-lane roads for Estes Extension and Homestead Road.  So they were not saying that three-lane roads were patently unsafe, she said.

 

Council Member Strom described the multi-purpose path as a terrific idea that he would advocate at the DOT public hearing.  He added that Council Member Harrison's point about the smaller profile road gives additional options.  Council Member Strom thanked Engineering Director George Small and the Town's Engineering Department for taking Council members out and showing them around Weaver Dairy Road.

 

Council Member Ward expressed confusion about traffic circles and roundabouts, noting that they were called different things in different places.   He requested clarification of this and information on whether roundabouts increase bike safety as they do pedestrian safety.  Engineering Director George Small replied that there was a difference between the two, and offered to get details on that from the Town’s Traffic Engineer.  Council Member Ward determined that the roundabout was accurately pictured on page seven, but Mr. Small pointed out that it did not include pedestrian refuge islands.

 

THE MOTION WAS ADOPTED UNANIMOUSLY (8-1) WITH MAYOR PRO TEM EVANS VOTING NAY.

 

Item 8 - Expansion of Availability of Sewer Reserve Fund

 

Senior Long Range Planner Chris Berndt outlined the request to re-designate the $192,000 in the water and sewer funds that the Town Council had reserved for the Morgan Creek neighborhood so that neighborhoods in general could apply for those funds.  Noting that there were no active petitions before OWASA from the Morgan Creek neighborhood, Ms. Berndt explained that R-7 would re-designate that those funds be made available.  She also stated that the staff had sent notices to Morgan Creek property owners and had contacted the homeowners association.

 

Heidi Chapman, President of the Kings Mill and Morgan Creek Neighborhood Association, explained that during a presentation from OWASA it appeared that the cost of putting in sewers would be at least $20,000 per lot.  Ms. Chapman added that OWASA also said that it would mean pulling up a lot of trees.  She explained that those in her neighborhood had been trying to rework their septic systems and  to hold onto them.  But the systems were beginning to fail, she said, and she predicted that within three to five years the neighborhood would have no choice but to go on sewer.  Ms. Chapman asked the Town Council to leave the option open for her neighborhood to come back and request funds from the Town.

 

COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT R-7.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

 

A RESOLUTION RE-DESIGNATING WATER AND SEWER ASSISTANCE FUNDS FOR THE MORGAN CREEK/MASON FARM NEIGHBORHOOD (2002-09-23/R-7)

 

WHEREAS, the Council on July 1, 1996, adopted a resolution expressing an intent to contribute $192,000 to construction costs of the Morgan Creek/Mason Farm sewer project; and

 

WHEREAS, the Orange Water and Sewer Authority currently has no active petition from the Morgan Creek neighborhood for provision of public sewer;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby re-designates the $192,000 reserved for this purpose, and expresses its intent to make these funds available to such neighborhoods as may apply for water/sewer purposes.

 

This the 23rd day of September, 2002.

 

Item 9 - Appointments

 

a.      Appointment of Voting Delegate to the National League of Cities and the N.C. League of Municipalities (Mayor Foy) (R-8).

 

COUNCIL MEMBER VERKERK MOVED, SECONDED BY MAYOR PRO TEM EVANS, TO ADOPT R-8 WITH COUNCIL MEMBER HARRISON AND MAYOR FOY AS ALTERNATE TO THE N.C. LEAGUE OF MUNICIPALITIES DELEGATES, AND COUNCIL MEMBER STROM AS THE LEAGUE OF CITIES DELEGATE, WITH NO ALTERNATE.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

 

A RESOLUTION REGARDING DELEGATE AND ALTERNATE DELEGATES TO THE NC LEAGUE OF MUNICIPALITIES’ AND NATIONAL LEAGUE OF CITIES’ ANNUAL MEETINGS (2002-09-23/R-8)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby designates Council Member Ed Harrison to serve as the Council’s voting delegate and Mayor Kevin Foy to serve as its alternate to the NC League of Municipalities’ annual meeting October 20-21, 2002.

 

BE IT FURTHER RESOLVED that the Council hereby designates Council Member Bill Strom to serve as the Council’s voting delegate and no alternate designated to the National League of Cities’ 2002 Congress of Cities annual meeting December 3-7, 2002.

 

This the 23rd day of September, 2002.

 

Item 10 - Petitions

 

a.      By the Mayor and Council Members.

 

1.      Consideration of Options regarding Parking Fees and Enforcement During the 2002 Holiday Season.

 

Council Member Strom said he would like to ask the Manager for a report that presents various scenarios for suspending parking rules and fees and enforcing traffic during high holiday shopping time in Chapel Hill.

 

Council Member Bateman asked that the report include the outcome of last year's shuttle service.  Council Member Ward asked that it also include input form the Downtown Commission.

 

COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER WARD, TO RECEIVE AND REFER THE PETITION, AS AMENDED BY COUNCIL MEMBER WARD TO INCLUDE INPUT FROM THE DOWNTOWN COMMISSION AND OTHERS.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

2.      Review of Drug, Crime, and Traffic Enforcement Issues.

 

Council Member Strom expressed interest in learning about how the Town was approaching drug, crime and traffic enforcement issues as well as pedestrian safety.  He suggested conducting a holistic review of public safety before digging into specific problems of panhandling and solicitation.  That way, Council members could understand where resources are being spent, he said.

 

Mayor Foy asked if this would be part of the planned panhandling and solicitation presentation.  Mr. Horton replied that there had not been enough time allotted to include that as well.  But it could be done in two sessions, Mr. Horton pointed out, adding that the Council should set the context.  Mayor Foy asked if the deployment of assets discussion would address issues Town-wide.  Mr. Horton replied that he understood Council Member Strom to be requesting such information before taking up the discussion of solicitation and panhandling in the Downtown and at intersections.

 

Council Member Wiggins asked if Council Member Strom wanted this to include Town-wide issues.  Council Member Strom replied that he would like to know how other parts of Town might be affected if the Council asks for special protection in some neighborhoods.  He wondered what the public safety issues and budget implications might be if, for example, the Council decided that the Town needed ten more police officers to support the Town's values and goals.

 

Council Member Bateman agreed that it would be important to know what the tradeoffs would be.  She suggested joining the two discussions and creating a work large session.  Mr. Horton noted that October 28th had been reserved, but pointed out that Council Member Wiggins would not be able to attend.  Every date put forward, he said, would have at least one Council member absent.

 

Mayor Foy recommended setting it for later in the year.  He agreed with Council Member Bateman's suggestion to hold both meetings together.

 

The meeting adjourned at 8:35 p.m.