SUMMARY
MINUTES OF A REGULAR BUSINESS MEETING
OF THE CHAPEL
HILL TOWN COUNCIL
MONDAY,
SEPTEMBER 27, 1999, AT 7:00 PM.
Mayor pro tem Joe Capowski called the meeting to
order at 7:00 p.m.
Council Members present were Flicka Bateman, Joyce
Brown, Pat Evans, Kevin Foy, Julie McClintock, Lee Pavăo, and Edith
Wiggins. Mayor Rosemary Waldorf was
absent, excused.
Staff members present were Acting Town Manager Sonna
Loewenthal, Town Attorney Ralph Karpinos, Assistant to the Manager Ruffin Hall,
Planning Director Roger Waldon, Library Director Kathy Thompson, Parks and
Recreation Director Kathryn Spatz, Transportation Director Bob Godding, Police
Major Gregg Jarvies, Traffic Engineer David Brown, and Town Clerk Joyce Smith.
Mayor pro tem Capowski explained that Mayor Waldorf
was ill and would be unable to attend tonight’s meeting.
Item 1. Recognition of Retiring Town Employees
Mayor pro tem Capowski stated that the ten retirees
being honored had given a total of 250 years of service to Chapel Hill and its
people. He recognized seven who were
not present (Ron Downey, Marjorie Booker, William Frick, Jerry Morris, William
Rounds, James Tapp and Barry Thompson), then introduced and thanked the three
in attendance: Larry Johnson, a Deputy
Fire Chief and Fire Marshal, who had been nominated three times as the Fire
Department’s “Employee of the Year” and had received the 10th annual Jasper
Allen Award in 1997; Myrle Smith, a
Deputy Fire Chief of Operations, who had been selected as “Firefighter of the
Year” in 1971 and in 1991; and Willie Marlow, an Assistant Operations
Superintendent in Public Works, known for his good-natured kindness and his
ability to tell a good story.
Acting Town Manager Sonna Loewenthal gave a brief report on hurricane
assistance to the people of eastern North Carolina. She said that the Town had
sent a nine-person tree crew, with equipment and vehicles, to the Town of
Wilson for a full week of ten and twelve-hour shifts. Ms. Loewenthal also explained that the Town had sent a
firefighter to work with the Orange County Swift Water Rescue Team in Kingston,
a Police Crisis Counselor to work in the Kingston/Trenton area, and a building
inspector to Topsail Beach.
Ms. Loewenthal said that the Town’s Special
Emergency Response Team had been working in Greenville and that traffic squad
members were about to return to Lenoir County to relieve law enforcement
officers there. She reported that
forty-three off-duty officers had been working football game traffic so the
Highway Patrol officers could work in the eastern part of the State. Ms. Loewenthal added that the Town expected
to be sending a building inspector, two four-person companies of firefighters,
at least two police officers, and another full brush and tree removal crew from
Public Works to the hurricane stressed area.
She projected that this would go on for a number of weeks, if not
months, and said that the Town would re-evaluate weekly how many people could
be spared without delaying public services to Chapel Hill.
Council Member Bateman asked if there had been any
interest in Chapel Hill adopting towns that had been hit by Hurricane
Floyd. Council Member Evans said that
she thought the Mayor had mentioned such a relationship with Tarboro. Ms. Loewenthal stated that the Town was not
yet ready to identify where the needs and resources were.
Item 2. Public Forum on Use of the Chapel Hill
Museum
Library Director Kathy Thompson explained that this
forum had been called to consider reclassifying the Chapel Hill Museum from a
public use facility to a public cultural facility. She referred to a memo which listed staff responses to five
questions associated with the reclassification: appropriateness of the designation under the Town Code; future commitment by the Town to the
Museum’s operation; possible disruption
to the neighborhood; parking
issues; and, effects on the Museum’s
current lease with the Town.
Ms. Thompson said that the memo also included three
preliminary recommendations: 1) that the Council, as regulator, declare that
the Chapel Hill Museum is operated on behalf of the Town and designates it as a
public cultural facility; 2) that the
Town, as owner, authorizes the Manager to develop a performance agreement to
address issues associated with the Museum being operated on behalf of the Town
and to its expanded use of the facility; and
3) that the Council, as owner,
negotiate lease agreements that would be consistent with any changes affected
by a performance agreement. Ms.
Thompson added that all property owners within a 1,000-foot radius of the
Museum had been notified of the date and intent of this forum.
Nancy Preston reviewed the Museum’s history and
pointed out that the $4,000 average monthly cost of operation is a constant
strain on the budget, since the Museum receives no regular government funding
for upkeep. She said that by becoming a
public cultural facility the Museum would have the opportunity to partner and
work with other compatible organizations.
Ms. Preston added the change would enable the Museum to make space
available to civic clubs, non-profits and community organizations for meetings,
and to private individuals for weddings and receptions. Ms. Preston pledged to honor the historic
district by working only with individuals and groups who respect the
residential atmosphere of the neighborhood.
She asked that the Council grant the zoning designation in its fullest
sense.
Roland Giduz praised the Chapel Hill Library as one
of the best public services the Town has ever offered, and pointed out that the
Library has not always had the public support that it now enjoys. He reviewed the work of the Historic
Preservation Society, and noted that they had come about through the continued
efforts of volunteers. Mr. Giduz said that
the Museum can and will become an important institution in the cultural life of
this community, just as the Library and the Historical and Preservation
Societies have. Noting that he had
played an active part in the creation of all of these agencies, Mr. Giduz
stated that reclassification by the Town would help the “infant Museum
organization help itself” and would give Chapel Hill another organization in
which it could have “justifiable pride.”
Dr. Kemp Jones, a retired family medicine physician,
explained that he lives in the house that stands between the Museum and the
Horace Williams House. He said that he
views the Museum as a good neighbor that consults its neighbors in small but
important ways. Noting that he had once
been chairman of the school board, Dr. Jones praised the idea of enlarging the
Museum’s function so that it could reach out to the community.
Alan Rimer, recent Museum board member, urged the
Council to consider the Museum as a public cultural facility. Explaining that he lives 150 feet from the
Museum, Mr. Rimer said that it brings the community a resource that no other
cultural organization can. He noted
that there had been opposition to other similar opportunities, and pointed out
that those projects had since come to blossom and grow. After reminding the Council that the
Museum’s space had once been a day care center, Mr. Rimer said that the Museum
had the potential to reach out to far more children in the community than any
day care center could have.
Mr. Rimer commented on the opportunity to develop a
“performance partnership” with the Town, where stipulations for what the Museum
should do would be negotiated as part of the agreement. He stated that the Museum had gone way
beyond its requirements, and argued that this is the logical next step in the
growth of a museum.
Jim Protzman suggested that the Council consider a
broader review of the highest and best use of the library building. He added that the best use for the
community might very well be that it should include the Museum, but encouraged
the Council to carefully consider this decision.
Council Member Foy asked if the change would be
permanent. Ms. Loewenthal replied that
there were two decisions to be made: the zoning designation and the lease that
the Town would have as landlord. She
stated that the lease could be set for any term that is mutually acceptable,
and that the designation as a public cultural facility would hold until the
Museum changed its use. Ms. Loewenthal
added that those uses could occur only if the designation is made and the lease
between the Town and the Museum allows all the uses.
Council Member Foy asked what the term of the
present lease is and when it would terminate.
Ms. Thompson replied that the lease was for ten years and would
terminate in 2006. Ms. Loewenthal noted
that the lease would need amendments to allow additional uses, adding that the
Council could also amend the time period.
Council Member McClintock asked if she was correct
in assuming that changing the designation would not define how the Council
would use this Town asset. Ms.
Loewenthal replied that there were three levels of discretion that the Council
had: 1) as regulator; 2) by the zoning designation; and, 3) by the performance
agreement with the Town. She said that
the lease would need to be amended as well to allow additional uses.
Council Member Evans asked if the Town had any other
public cultural facilities located in residential communities. Ms. Loewenthal noted that the Horace
Williams House was one. She agreed to
research whether or not there were others.
COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL
MEMBER EVANS, TO REFER THE REQUEST TO THE TOWN MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
Ms. Loewenthal agreed to come back with a report on
October 13, 1999.
Item 3. Petitions by Citizens and Announcements by
Council Members
Item 3a -
Petitions by Citizens on Items not on the Agenda
3a.1. By Myles Presler of EmPOWERment, Inc.
regarding Request for Second Mortgage for a Homebuyer.
Mr. Presler asked the Council to allow the staff to
enact a modification to the guidelines so that EmPOWERment, Inc. could use
Community Development Block Grant money or the Town’s Neighborhood
Revitalization Loan Fund to demolish an existing Northside house owned by Sarah
Allen, so that she could build a new home on that spot.
Council Member McClintock asked if this would mean
moving funds or requiring additional funds for demolition. Ms. Loewenthal responded that the staff
would like to come back with a full report giving options.
COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER
BATEMAN, TO REFER THE PETITION TO THE MANAGER.
THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
3a.2. By Stephen J. Manton of ESM Associates
regarding the Number of Occupants in Future Residential Developments.
Mr. Manton asked that the staff revisit the
ordinance that relates to the number of occupants in a residence. He argued that extra vehicles blocking
passageways often hamper emergency vehicles, reduce safety, and sometimes
prevent homeowners from getting to their own driveways and parking spaces. He said that the situation pits neighbors
against each other, makes maintenance more costly, changes the neighborhood in
negative ways, and lowers property values.
COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL
MEMBER EVANS, TO REFER THE PETITION TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
Ms. Loewenthal stated that a report would come back
later this fall.
3a.3. Alison Weiner regarding Subsidy Moneys for
Scarlett Drive Project.
Ms. Weiner, speaking on behalf of the Board of
Directors of the Community Land Trust in Orange County, asked that the subsidy
moneys which the Town has approved for the Scarlett Drive project be provided
as a grant to the project rather than as a second mortgage. She explained that once second mortgages are
paid off the homes tend to escalate in price, which means that the subsidy
money is gone. Ms. Weiner explained
that providing a grant directly to the Land Trust would mean that the money
would stay with the Land Trust and the homes would, over time, become more
affordable.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL
MEMBER BATEMAN, TO REFER THE PETITION TO THE TOWN MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
3a.4. Jim Protzman regarding Fee Charged to Users
of Skateboard Facility.
Mr. Protzman expressed concern that an agreement
between the Parks and Recreation Department and a private company might proceed
without the Council looking at it. He
explained that the private company would sell skating equipment and may charge
as much as eight dollars a day for skating, roller-blading and skateboarding at
Northern Community Park. Mr. Protzman,
acknowledging that he had a financial interest in another local skate shop,
asked the Council to look into this. He
also thanked the Council for allowing skateboarding at the Eubanks Road park
and ride lot.
COUNCIL MEMBER MCCLINTOCK MOVED, SECONDED BY COUNCIL
MEMBER EVANS, TO REFER THE PETITION TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
3a.5. Erma Farrar regarding Village West/Jay
Street Project.
Ms. Farrar showed slides of the Long Street
Extension near her home, and explained that removal of the tree buffer would
cause water run-off damage in her neighborhood, which included a day care
center. She exhibited slides of gravel
and silt sliding downhill toward her neighborhood, and noted that taking the
buffer out would cause more flooding.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL
MEMBER PAVAO, TO REFER THE PETITION TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
3a.6. Vivian Foushee regarding Single Family
Overlay District.
Ms. Foushee distributed copies of a proposed
ordinance which she said would protect and preserve the single family nature of
her neighborhood and give it stability.
She read the names of those that had helped with the ordinance, and
asked the Council to ask questions after they had read it completely.
Estelle Mabry expressed the neighborhood’s gratitude
to the Council for considering their ideas for the ordinance.
R. D. Smith noted the summary of items recommended
for immediate follow-up by the Manager, and pointed out that these included
creating a new zoning category for the Northside neighborhood. Mr. Smith thanked the Council for voting in
favor of stop signs at the corner of Caldwell and Church Streets and for
requiring parking on one side of the street.
He asked the Council to consider adding outside amplified music regulations
to the noise ordinance as soon as possible.
COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER
WIGGINS, TO RECEIVE AND REFER THE PETITION TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY
(8-0).
Council Member Wiggins pointed out that this
petition was related to Steve Manton’s petition, and remarked that these
petitions show that there is community-wide concern about issues of
overcrowding.
Council Member McClintock asked when something might
come back from the staff on the proposed ordinance. Ms. Loewenthal replied that she would like to see how many
petitions were submitted tonight before replying.
Item 3b. Announcements by Council Members. (None.)
Item 4. Consent agenda: Action Items (R-1).
Item 4h. Resolution declining an offer from Parking
Solutions, Inc. to Lease Parking Lot #5 for Parking for Restaurant 23. (R-7).
Perry Dowd explained that downtown merchants have
endeavored to assure citizens that the downtown area is a clean and safe place
to be. She stated that this was the
reason for the parking lot #5 purchase and pointed out that the lot is now used
heavily every day of the week. Ms. Dowd
asked that the lot not be limited to just one business.
Scott Maitland argued that the downtown area should
have the maximum number of spots open at all times for the general public,
especially in the evening. He suggested
leasing spaces for office workers and businesses during the week. Mr. Maitland asked the Council to deny the
request from Parking Solutions, Inc. to tie up parking lots for Restaurant
23. He suggested maximizing the use of
the spots in parking lot #5 by making it more visible and accessible to people
on Franklin Street. Mr. Maitland noted
that the vitality of the downtown area is largely predicated on the idea that
there is parking available. He pointed
out that lot #5 had begun to function as a bridge between East and West
Franklin Street, and said he would hate to see it carved off for the use of
just one business.
Mickey Ewell agreed with Ms. Dowd and Mr. Maitland,
noting that short-term parking is becoming more needed and stressing that the
Town should not limit it any more than it is.
Frances Gualtieri pointed out that the success of
downtown Chapel Hill depends on accessibility. She requested that the Council
decline the resolution from Parking Solutions, Inc., and said that she
supported putting an attendant at lot #5.
Council Member McClintock pulled Item i.
Regarding Item 4b, Council Member Brown asked that
James MacFarquhar be appointed as well as nominated, and the Council agreed.
Council Member Wiggins asked why Item 16 was not on
the consent agenda. She then moved to
put it on as Item k.
COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL
MEMBER MCCLINTOCK, TO PUT ITEM #16 ON THE CONSENT AGENDA AS ITEM K. THE MOTION WAS ADOPTED UNANIMOUSLY
(8-0).
Council Member Bateman moved to receive and refer
Mr. Maitland’s comments. Mayor pro tem
Capowski added that the lot’s first priority should be to serve all the
businesses, and then, if there are spaces left over, consider long term leases
to nearby companies in a public and non-partisan way.
COUNCIL MEMBER BATEMAN MOVED, SECONDED BY COUNCIL
MEMBER MCCLINTOCK, TO RECEIVE MR. MAITLAND’S COMMENTS REGARDING LOT #5 AND
REFER THEM TO THE MANAGER. THE MOTION
WAS ADOPTED UNANIMOUSLY (8-0).
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL
MEMBER PAVAO, TO ADOPT R-1 WITHOUT ITEM I.
THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES
(99-9-27/R-1)
BE IT RESOLVED by the
Council of the Town of Chapel Hill that the Council hereby adopts the following
minutes, resolutions and ordinances as submitted by the Town Manager in regard
to the following:
|
a. |
Minutes of August 4 and 23, 1999. |
|
b. |
Nominations to Greenways Commission, Library Board
of Trustees, and Pay As You Throw Advisory Committee and Appointment to Pay
As You Throw Advisory Committee.
(R-2). |
|
c. |
Resolution awarding bid for Police uniforms. (R-3). |
|
d. |
Resolution authorizing the Manager to record a
utility easement adjacent to Jay Street.
(R-4). |
|
e. |
Deleted. |
|
f. |
Resolution authorizing the Manager to prepare a
report on the implementation of open burning regulations. (R-5). |
|
g. |
Resolution approving temporary closure of section
of downtown streets on October 23, 1999, for the Franklin Street Mile Road
Race (rescheduled due to Hurricane Floyd).
(R-6) (O-1). |
|
h. |
Resolution declining an offer from Parking
Solutions Inc. to lease parking lot #5 for parking for the restaurant
23. (R-7). |
|
j. |
Resolution requesting comment from advisory boards
regarding the development of the 2002-2008 Chapel Hill Transportation
Improvement Program Priority List. (R-9). |
|
k. |
Resolution amending the membership of the
homestead park aquatics facility and conceptual plan committee to include a
representative of the Chapel Hill-Carrboro YMCA board of directors, and
appointing a representative. (R-17). (Formerly item #16, moved to consent.) |
This the 27th day
of September, 1999.
A RESOLUTION NOMINATING APPLICANTS TO VARIOUS ADVISORY BOARDS AND COMMISSIONS AND MAKING AN APPOINTMENT TO THE PAY AS YOU THROW ADVISORY COMMITTEE (99-9-27/R-2)
WHEREAS, the applications for service on an advisory
board or commission or other committees listed below have been received; and
WHEREAS, the applicants have been determined by the Town
Clerk to be eligible to serve;
NOW, THEREFORE, BE IT RESOLVED by the Council of the
Town of Chapel Hill that the following names are placed in nomination to serve
on an advisory board or commission:
|
Greenways Commission |
Library Board of Trustees |
|
Andrew Krichman |
Bob Schreiver |
|
|
|
|
Pay As You Throw Advisory
Committee |
|
|
James MacFarquhar |
|
and appoints James MacFarquhar to the Pay As You
Throw Advisory Committee.
This the 27th day of September, 1999.
A RESOLUTION
TO AWARD THE BID FOR POLICE UNIFORMS (99-9-27/R-3)
WHEREAS, the Town of Chapel Hill has solicited
formal bids by legal notice in The Chapel Hill News on July 21, 1999, in
accordance with N. C. General Statute 143-129 for Police Uniforms for the
Police Department; and
WHEREAS, one (1) bid was received and opened on
August 10, 1999:
VENDOR BID
American Uniform Sales, Inc. $36,012.50
Fayetteville, N. C.
WHEREAS, the one bid received was found to meet
specifications;
NOW, THEREFORE, BE IT RESOLVED by the Council of the
Town of Chapel Hill that the bid of American Uniform Sales, Inc. in the amount
of $36,012.50, and the option to
extend the contract for the period of one (1) year if Town and vendor are in
mutual agreement of pricing, be awarded.
This the 27th day of September, 1999.
A RESOLUTION
AUTHORIZING THE TOWN MANAGER TO RECORD A UTILITY EASEMENT ADJACENT TO JAY
STREET (99-9-27/R-4)
WHEREAS, a developer has proposed installing a water
line in Jay Street, which is a public right-of-way coming off of Village Drive;
and
WHEREAS, Jay Street, as it comes off of Village
Drive, is actually located on Town-owned property, not in the right-of-way;
NOW,
THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the
Council authorizes the Town Manager to prepare and execute, on behalf of the
Town, a utility easement on Town-owned land adjacent to the Jay Street
right-of-way, such easement being in the location and dimensions necessary to
allow construction of a public water line under the existing gravel street that
is commonly referred to as “Jay Street,” provided a survey confirms that said
can be located without interfering with the operations or function of the
adjacent Town-owned cemetery.
This
the 27th day of September, 1999.
A RESOLUTION
DIRECTING THE TOWN MANAGER TO PREPARE A RECOMMENDATION ON IMPLEMENTATION OF A
RECENT CHARTER AMENDMENT REGARDING REGULATION OF OPEN BURNING (99-9-27/R-5)
BE
IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is
hereby directed to prepare recommendations for the Council’s consideration on
the implementation of the authority granted the Town by Section 5 of Chapter
255 of the 1999 North Carolina Session Laws.
This
the 27th day of September, 1999.
A RESOLUTION TEMPORARILY CLOSING PORTIONS OF EAST FRANKLIN STREET, HENDERSON STREET, HILLSBOROUGH STREET AND RALEIGH STREET (FRANKLIN STREET MILE ROAD RACE) (99-9-27/R-6)
BE IT RESOLVED by the Council of the Town of Chapel
Hill that the Council hereby authorizes the closing of East Franklin Street
between Columbia Street and Boundary Street; Henderson Street between Franklin
Street and Rosemary Street; Hillsborough Street between Franklin Street and
Rosemary Street; and Raleigh Street between Franklin Street and Cameron Avenue
on Saturday, October 23, 1999, from 8:00 a.m. to 11:30 a.m., to allow the
holding of the Franklin Street Mile Road Race.
This the 27th day of September, 1999.
AN ORDINANCE
TEMPORARILY REMOVING PARKING FROM PORTIONS OF FRANKLIN STREET (FRANKLIN STREET
MILE ROAD RACE) (99-9-27/O-1)
BE IT ORDAINED by the Council of the Town of Chapel
Hill:
That on the 23rd day of October, 1999, between the
hours of 7:30 a.m. and 11:30 a.m. there shall be no parking on either side of
Franklin Street between Columbia Street and Boundary Street.
The Police Department of the Town of Chapel Hill is
hereby authorized to cover the parking meters on said street during such hours
on said date. The Police Department is
further authorized to remove, tow, and impound vehicles of any kind which are
parked on said street during such hours in contravention of the Ordinance. In light of the event and the large number
of pedestrians expected in the street area, the Council hereby determines that
vehicles in the restricted areas would constitute a special hazard requiring
prompt removal. The owner shall be
responsible for and pay storage and moving costs of any vehicle removed
pursuant to the provisions of the Ordinance, and the Police Department shall
use reasonable diligence to notify the owner of the removal and storage of such
vehicle.
This the 27th day of September, 1999.
A RESOLUTION AUTHORIZING THE MANAGER TO DECLINE AN OFFER TO LEASE PARKING LOT #5 AND INSTRUCTING THE MANAGER TO CONDUCT CERTAIN STUDIES (99-9-27/R-7)
WHEREAS,
the Town of Chapel Hill owns and operates parking Lot #5; and
WHEREAS,
Parking Solutions Inc. has offered to lease this lot during evening and midday
hours; and
WHEREAS,
the Town Council has determined that it is in the public’s best interest to
decline the lease offer and maintain public access to these spaces at this
time;
NOW, THEREFORE, BE IT
RESOLVED by the Council of the Town of Chapel Hill as follows:
That the Manager is directed
to notify Parking Solutions Inc. that its proposal to lease Lot #5 is not
acceptable at this time.
The Manager is instructed to
evaluate the use of this lot and report to the Council on alternative
configurations for Lot #5 which would ensure availability of spaces for the
public and make the best use of the parking spaces.
This the 27th day
of September, 1999.
A RESOLUTION
REQUESTING RECOMMENDATIONS FROM CHAPEL HILL ADVISORY BOARDS ON THE DEVELOPMENT
OF THE 2002-2008 CHAPEL HILL TRANSPORTATION PROJECT PRIORITY LIST (99-9-27/R-9)
WHEREAS, the North Carolina Department of
Transportation has begun the development of a 2002-2008 Transportation
Improvement Program; and
WHEREAS, the Durham-Chapel Hill-Carrboro Urban Area
will develop a 2002-2008 Regional Transportation Project Priority List; and
WHEREAS, the Urban Area has requested that local
governments develop local priority lists for use by the Urban Area in the
development of Regional Priorities;
NOW, THEREFORE, BE IT RESOLVED by the Council of the
Town of Chapel Hill that Town advisory boards are requested to provide the
Council with recommendations for a Chapel Hill 2002-2008 Priority List.
BE IT FURTHER RESOLVED that the Council schedules a
public forum on a draft 2002-2008 Chapel Hill Priority List on October 27,
1999.
BE IT FURTHER RESOLVED that the Council strongly
encourages the Transportation Advisory Committee to allow adequate time for the
development of local priority lists and local review of the draft Regional
Priority List.
This the 27th day of September, 1999.
A RESOLUTION
AMENDING THE MEMBERSHIP OF THE HOMESTEAD PARK AQUATICS FACILITY AND CONCEPTUAL
PLAN COMMITTEE TO INCLUDE A REPRESENTATIVE OF THE CHAPEL HILL-CARRBORO YMCA
BOARD OF DIRECTORS, AND APPOINTING A REPRESENTATIVE (99-9-27/R-17)
WHEREAS,
it is desirable to include in the membership of the Homestead Park Aquatics
Facility and Conceptual Plan Committee a member familiar with the YMCA: and
WHEREAS,
the YMCA Board of Directors has requested that a member of that Board be
appointed to serve as a representative to the Homestead Park Aquatics Facility
and Conceptual Plan Committee;
NOW,
THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the
Council hereby expands the membership of the Homestead Park Aquatics Facility
and Conceptual Plan Committee to include one member from the YMCA Board of
Directors, and appoints Ms. Maureen Rosen to serve as that representative.
This
the 27th day of September, 1999.
Mayor pro tem Capowski noted that with adoption of
the consent agenda the Council had declined the offer from Michael Jordan’s
Restaurant 23 to lease exclusive parking spaces in parking lot #5.
Council Member Wiggins pointed out that Granville
Towers has a large private parking lot that is available in the evening if
Parking Solutions, Inc. were willing to pay the fee.
Item 5a. Response to Request for Information Regarding the Town’s Efforts to Respond to Air Quality Issues.
The report was accepted without comment.
Item 6. Consideration of a Resolution Receiving the
Draft Comprehensive Plan
and Referring
the Plan to Advisory Boards for Comment
(R-10)
John Hawkins, Chair of the Comprehensive Plan
Committee, submitted a complete draft of the revised Comprehensive Plan. He noted that the consultants, Wallace,
Roberts and Todd, did a “masterful job” of deferring to the Work Group in the
generation of ideas and in bringing their expertise to bear in drawing
correlations, asking provocative questions, and giving organization to the
ideas that the Town put forth. Mr.
Hopkins stated that the Work Group had done a careful job of reviewing the text
at numerous intervals, and had made key adjustments and changes when called
for. He said that the report was a
document authored by the Work Group, with the best possible use of the capable
support from the consultants and the Town’s Planning staff.
Mr. Hawkins explained that the Work Group had taken
to heart the challenge that the Plan have a clear strategy for
implementation. Each major section, he
said, has a series of actions intended to carry out goals and objectives. He pointed out that the Work Group assigned
priorities to these items based on a poll of its members. Mr. Hawkins said they then identified where
funding is required and where ongoing work is needed, and established a
timetable for these activities.
Mr. Hawkins noted that the biggest challenge for all
would be to commit the funds, the time, and the energies that will be needed
for these “ambitious actions and worthy programs.” He thanked David Rouse, the Chapel Hill News, Council Member
Evans, citizens who participated in public forums, the Planning Department, and
the Town Council. Mr. Hawkins then
asked the Council to refer the report to the recommended list of advisory
boards and to schedule a public hearing on October 20, 1999.
Mayor pro tem Capowski thanked Mr. Hawkins for all
the work that he personally had put into the project.
Council Member Evans, adding that there was broad
participation from the community in the forums, asked how they would be
notified of the public forum on October 20th.
Mr. Hawkins replied that groups who had spoken would be encouraged to
come and respond to the draft Plan.
Town Planning Director Roger Waldon added that a
newsletter summarizing the Plan would be sent to about a thousand people,
inviting them to come to the public forum.
Mr. Waldon said that it also would be advertised on the Town’s web page
and published in the Chapel Hill News.
COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL
MEMBER EVANS, TO ADOPT R-10. THE MOTION
WAS ADOPTED UNANIMOUSLY (8-0).
A RESOLUTION RECEIVING THE DRAFT COMPREHENSIVE PLAN AND REFERRING IT TO ADVISORY BOARDS (99-9-27/R-10)
WHEREAS, the Council of the Town of Chapel Hill has
authorized the revision of the Town’s 1989 Comprehensive Plan; and
WHEREAS, the Comprehensive Plan Work Group has
submitted a draft plan for the Town Council’s consideration; and
WHEREAS, the Town Council has called a public
hearing for Wednesday, October 20, 1999 at 7:00 p.m. in the Council Chamber,
Town Hall to receive public comment on the Draft Comprehensive Plan;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby refers the Draft Plan to the following advisory boards and commissions of the Town for comment and recommendations by October 20, 1999:
·
Community
Design Commission
·
Greenways
Commission
·
Historic
District Commission
·
Housing
and Community Development Advisory Board
·
Human
Services Advisory Board
·
Library
Board
·
Parks
and Recreation Commission
·
Public
Arts Commission
·
Transportation
Advisory Board
·
Walks
and Bikeways Commission
This the 27th day of September, 1999.
Item 7. Presentation of Report from the Airport
Advisory
Committee
(Council Member Wiggins)
Council Member Wiggins asked Mr. Fred Black, a member of the Airport
Advisory Committee, to make the presentation.
Mr. Black stated that the twelve-member Advisory Committee had been
established by then UNC-CH Chancellor Hooker to address airport operations,
taking into account the needs of the University, the airport users, and members
of the community. He said that the University’s
plan was to seek advice from the Committee on airport policies and report to
the Committee on airport activities.
Mr. Black quoted the Chancellor as saying, “the safety of the airport’s
neighbors and users shall be paramount in its operation.”
Mr. Black noted that as a public facility the Horace
Williams Airport is eligible for funding and other support from the FAA. He said that this status means that the
airport is also open to transient aircraft that meet all other usage
requirements. Mr. Black noted that
there was no plan to move the airport or to expand its operations.
Mr. Black reported that the Committee had been
meeting monthly since 1998, and had recently been reviewing the operations
manual and making recommendations regarding that to the University. He explained that these recommendations
included revising the mission statement, adding the statement that “no Stage 1
aircraft will be allowed” because of the noise they create, emphasizing compliance
with FAA regulations, and requiring advanced permission to use the airport
outside of normal hours of operation.
Mr. Black noted that the last point is difficult to enforce since there
is no staff on duty at night.
Mr. Black displayed what he termed a “constraint
triangle” which showed the runway length, take-off weight, and noise level
allowed at the airport. He explained
that these parameters limit the categories of authorized aircraft, and noted
that there were only a couple of categories of small business jets that met all
three requirements. Mr. Black said that
the Committee is working on resolving issues such as the 12,500 current maximum
certified take-off weight and safety inspection issues.
Mr. Black explained that the pilot injured in the
plane crash in June 1999 was the first student pilot to be injured in the
Flying Club’s 38-year history. He said
that the pilot’s flying privileges had been suspended pending the FAA
investigation outcome. Mr. Black
pointed out that the Flying Club is also conducting an internal review and had
reviewed solo procedures with all students.
He added that the Flying Club had done an overall assessment of Club’s
standard operating procedures and flight training procedures, and that it is
cooperating fully with the FAA.
Mr. Black said that the Committee’s next steps would
be to finalize recommendations on the manual.
He said it also would conduct an airport public forum, and continue to
provide a link between the “stakeholders” and the University. He said that the Committee would continue to
research the “variable fee” structure for transient aircraft and would monitor
operations so that safety remains the top priority. Mr. Black concluded that having an Airport Advisory Committee is
a worthwhile endeavor, noting that the University is now more open to outside
input. He added that the operations
manual is available on the airport’s website (www.unc.edu/depts/airport).
Council Member Wiggins commented that Committee
members had been re-appointed for one more year. She said that there would be an opportunity to re-appoint or send
new appointees to the Committee after these one-year terms. Council Member Wiggins remarked that the
University had come a long way in being open to a citizens’ group acting in an
advisory capacity to an operation for which the University has sole
responsibility. She said that their
review will reflect a consensus of suggestions and input by people who are not
part of the University administration.
Council Member Wiggins explained that one goal was
to educate Town residents since education means more insight and less
fear. She mentioned that members of the
Flying Club are willing to take people from the community up to see Chapel Hill
from the air.
Council Member Wiggins said that the Committee had
been able to clarify what “university related business” means, noting that
there had been disagreement within the University about that meaning. She said that the Committee is making
progress toward clarifying airport operations.
She invited citizens to let the Committee know of their concerns.
Council Member McClintock said that serving on the
Committee had been a testament to its members’ patience and their willingness
to work towards a solution. She asked
if Council Member Wiggins or Mr. Black had sensed any willingness on the
University’s part to limit potential growth.
Council Member McClintock also asked if there had been any response to
the Council’s request to ban jets from the airport. She asked what ideas had come from the Committee about the
University’s dependence on income from gasoline sales.
Mr. Black replied that he believes there is no plan
to extend the runway, which would be a key factor to any future ability to
grow. He also pointed out that planes
entering the airport have to be associated with the University (which would
exclude jets), or they must be invited guests (which means that the average
businessman could not fly into the airport on business). Mr. Black said that the term “jet” has been
changed to “power packs.” He added that
right now there are three manufacturers of so-called jet aircraft that are
capable of landing at Horace Williams Airport, and these are small Cessnas that
are typically flown by invited guests of the University. Mr. Black said that if a jet landed without
permission it would be tracked, and then the University could take action.
Mr. Black added that financial issues are on the “to
do” list because charges are constraints, too.
He noted that the airport charges more for gas than some of the other
general aviation airports in the area, pointing out that people would not,
therefore, generally come to the airport only to buy gas. He said that the Committee had considered
charging a fee, but the University is not currently interested in doing so.
Council Member Wiggins added that the Committee
might ask the Town to reconsider its position on banning jets. She said that they might want to go on
record as banning certain features instead of banning jets because jet technology
has improved. Council Member Wiggins
commented that if the primary concern is noise and safety then the Town should
target whatever power source assures the greatest amount of those things.
Mayor pro tem Capowski encouraged Council Member
Wiggins to accept the offer to fly over Chapel Hill. He pointed out that she would then see how much the Town had been
urbanized. She replied that it would be
good for all Council Members to do so for that purpose.
Item 8. Consideration of Resolution Recommending Implementation of Items from
the “Special Work Group to Study the N.C. Highway 54/Hamilton
Road Intersection Area (R-11)
Traffic Engineer David Brown noted that the staff
had presented its report recommending a Work Group in November 1998, and the
Work Group had then presented its report and recommendations in July 1999. He outlined the staff’s response to the Work
Group’s recommendations.
Mr. Brown said that the staff supported the creation
of textured and colored crosswalks. He
added that the staff also recommended: seeking DOT approval for landscaping the
NC 54 median from US 15-501 to Burning Tree Drive; constructing sidewalks and
planting strips along NC 54 from Burning Tree Drive to Hamilton Road; placing
rumble strips in all lanes of both NC 54 approaches in advance of the NC 54/Hamilton
Road intersection; and re-evaluating signing along NC 54 near and at
intersections.
Mr. Brown said that the staff did not recommend
creating a pedestrian refuge in the median at the intersection by widening and
extending the median into the crosswalk with proper curb cuts. He said that recommendations were split on
designating the segment of NC 54 at the intersection as a School Zone, with the
Manager supporting it and Engineering staff recommending no action. Mr. Brown said opinion was also split on
providing crossing guards, back-up guards, uniforms, equipment and proper
training for guards during school crossing periods. Mr. Brown said the Manager recommended approval, but the Police
Department advised no action.
Mr. Brown noted that the Town does not have the
authority to require the requested adult and pedestrian education programs for
all Chapel Hill-Carrboro elementary schools.
He said that the staff recommended that the Town Council direct the Manager
to prepare a letter from the Council to the school system supporting this
recommendation and asking the school system to consider establishing a
pedestrian education program for students and their parents.
Mr. Brown stated that the staff also recommended
that location continue to be a high priority for traffic enforcement and that
police resources be utilized there to the maximum extent possible in relation
to Town-wide needs. He said that the
staff also approved providing pedestrian signal heads at all four corners, but
did not recommend a pedestrian-activated “no right turn” light at the NC
54/Hamilton Road intersection, nor did the staff recommend dedicating the
outside lanes of NC 54 specifically for the use of bicycles and buses. He noted that the sidewalk should be
adequate for pedestrian and bicycle traffic.
Mr. Brown outlined the cost of these improvements
and stated that a possible funding source would be the Surface Transportation
Program-Direct Allocation, under the federally-funded TEA 21 program, which
requires a 20% local government cost share.
He noted that other possible funding alternatives include the Town’s
Capital Improvements Program and the approximately $35,000 currently available
for “traffic calming” projects Town-wide.
Mr. Brown said that several of these projects would require State
approval.
Dorothy Verkerk, speaking on behalf of the NC
54/Hamilton Road Work Group, commented on the excellent collaboration between
the citizens’ board and Mr. Brown. She
expressed concern about the conflict between pedestrians and cars, and noted
that there are only 42.7 seconds in which pedestrians can use the
crosswalks. She stated that if drivers
turning right through the crosswalk do not stop, then pedestrians must stop for
them. Ms. Verkerk noted that there are
seven lanes of traffic competing for the same turf in the same amount of time
at that crossing. She said that if the
Town cannot put a pedestrian refuge there, then it should at least minimize the
conflict of 42.7 seconds crossing time and right turns on red.
Ms. Verkerk read a memo from Charlie Zegeer,
associate director of the Highway Safety Research Commission, in which he
strongly disagreed with not instituting a “no turn on red” sign. She said that there is a loophole in the
Uniform Traffic Control Devices manual which allows a “no right turn” sign to
be installed if there is a significant child, handicapped, or elderly
population. Ms. Verkerk also requested
a vigorous pursuit of red light running cameras, noting that two percent of
citations Town-wide in 1988 were from this stretch of NC 54. Arguing that the police need help, she
pointed out that the camera would provide that.
Ms. Verkerk noted that the Work Group had
prioritized what they felt was most important, and suggested that $30,000 could
be taken from the traffic calming fund to implement these suggestions. She thanked the Council and staff,
particularly Mr. Horton, for their assistance and concern.
COUNCIL MEMBER FOY MOVED R-11 WITH THE ADDITION OF
THE “NO TURN ON RED” REGULATION, SECONDED BY COUNCIL MEMBER WIGGINS.
Council Member McClintock suggested including
comment #13 from the memo regarding bicycle lanes. Council Member Foy requested that she do that separately so that
the resolution could move forward.
Council Member McClintock agreed to make a separate motion later on.
Council Member Evans expressed support for the
motion, but wondered if prohibiting right turns would cause traffic
stacking. She suggested asking for a
review after a period of time to see if the regulation was working.
Council Member Foy replied that this would be the
next best thing to installing a pedestrian refuge, especially with kids
crossing to school. He agreed to have a
mechanism to review, but pointed out that drivers may have to make this
compromise in the interest of pedestrian safety.
Council Member Evans agreed that “no turn on red”
should be given a try, but repeated that it would be wise to review it in a
year. Council Members Foy and Wiggins
agreed with the suggestion, but Council Member Foy suggested that the Council
separately ask the staff to do this.
Council Member McClintock expressed concern about
approving all of the recommendations and then not getting timely funding. She suggested asking the Manager to come
back with a timetable for when these recommendations could be implemented.
Council Member Foy suggested asking for an interim
report in January. Ms. Loewenthal
pointed out that there were two steps: having DOT agree with the plans; and
getting funding. Council Member Foy
suggested simply asking for an update from the staff in January on both issues.
Mayor pro tem Capowski asked if the idea of the
overpass had been thrown out because of funding. Mr. Brown replied that since the construction of the overpass
would have a tremendous impact on the adjacent properties he did not recommend
it.
Mayor pro tem Capowski noted that everything the
Town does for pedestrians is going to have a negative impact on motorists, and
asked Council Member Foy to go hard for the pedestrian refuge. Council Member Foy replied that he does not
see a way to do that, adding that he would be glad to entertain a suggestions.
Council Member Foy argued in favor of creating as
good an intersection as possible by slowing down traffic and, if that doesn’t
work, putting in the pedestrian refuge.
He said he worried that the project would not go forward if they hold
out for the refuge.
Mayor pro tem Capowski accepted that, and asked Mr.
Brown what “school zone” meant. Mr.
Brown replied that it would be a 25 m.p.h. zone during the hours that students
would be arriving and departing from school.
Council Member Wiggins asked if 42.7 seconds was
typical. Mr. Brown replied that it was
about 10 seconds longer than is usual at crossings and is based upon a slower
walking speed. He expressed resistance
to her suggestion to increase the time by ten more seconds.
THE MOTION TO ADOPT R-11 AS AMENDED WAS ADOPTED
UNANIMOUSLY (8-0).
A RESOLUTION ENDORSING AND DIRECTING THE TOWN MANAGER TO SEEK STATE APPROVAL OF RECOMMENDATIONS FOR IMPROVING PEDESTRIAN SAFETY AND MOBILITY AT AND IN THE VICINITY OF THE INTERSECTION OF NC 54 AND HAMILTON ROAD IN CHAPEL HILL (99-9-27/R-11)
WHEREAS,
the Council of the Town of Chapel Hill is concerned about pedestrian safety and
mobility at and in the vicinity of the intersection of NC 54 and Hamilton Road;
and
WHEREAS, the Council has received recommendations
from the “Special Work Group to Study the NC 54/Hamilton Road Intersection
Area” which propose measures to mitigate area residents’ concerns about
pedestrian safety and mobility at and in the vicinity of this intersection; and
WHEREAS, the Council has received a report including
Town staff comments about the Work Group recommendations; and
WHEREAS several of the Work Group recommendations
would require State approval for implementation; and
WHEREAS, it is the Council’s
desire to have the State review and approve implementation of improvements at
and in the vicinity of the NC 54/Hamilton Road intersection.
NOW, THEREFORE, BE IT RESOLVED by the Council of the
Town of Chapel Hill that the Council endorses the following improvement
recommendations from the “Special Work Group to Study the NC 54/Hamilton Road
Intersection Area” which require State approval:
1) Create textured and colored crosswalks.
2) Landscape the NC 54 median from US 15-501 to Burning Tree
Drive.
3) Construct sidewalks and planting strips along NC 54 from Burning Tree Drive to Hamilton Road.
4) Place rumble strips in all lanes of both NC 54 approaches in advance of the NC 54/Hamilton Road intersection.
5) Re-evaluate signing along NC 54 near and at the intersection.
6) Designate the segment of NC 54 at the intersection as a School Zone.
7) Provide pedestrian signal heads at all four corners.
8) Institute no turn on red.
BE IT FURTHER RESOLVED that the Council directs the
Manager to seek State approval of the above listed improvement recommendations.
BE IT FURTHER RESOLVED that the Council directs the
Manager to proceed promptly with the following improvement recommendations
which are already in progress and/or do not require State approval:
A. Construct sidewalks along both sides of NC 54.
B. Work with the State to reduce sign clutter and confusion along NC 54 in the vicinity of Hamilton Road.
C. Provide uniform clothing and equipment to clearly designate school crossing guards, and make every reasonable effort to assure that backups are available in case of crossing guard absences.
D. Submit a letter on behalf of the Town Council to the Chapel Hill-Carrboro School Board requesting that consideration be given to developing a pedestrian education program in the schools.
E. Provide consistent traffic enforcement efforts at and in the vicinity of the NC 54/Hamilton Road intersection to the maximum extent possible with available resources.
BE IT FURTHER RESOLVED that the Council directs the
Manager to identify possible funding sources and to seek necessary funding to
implement all improvement recommendations if and when they are approved by the
State.
This the 27th day of September, 1999.
Council Member Wiggins asked for more discussion of
extending the crossing time. Mr. Brown
referred to page 7 of the memo, which showed the result of timed pedestrian
crossings. He noted that the person in
a wheelchair took 31.67 seconds to cross the intersection.
Mr. Zegeer added that the Work Group likely would
concur that the time is adequate, even for the very slow. He noted that the “no turn on red” sign
would reduce vehicles conflicting with pedestrians.
Council Member Evans asked if the Council needed to
make a motion to review the intersection in a year. Ms. Loewenthal replied that the staff would come back with an
update in January.
Item 9. Items Related to University Mall
Item 9a. Presentation of Report from the University
Mall Committee (Council Members Pavăo, Foy and Evans).
Council Member Pavăo noted that the Committee had
been appointed by the Mayor in December 1998 and had begun meeting with
University Mall management in January 1999.
He reviewed a number of ideas which the Mall management’s
representative, Dominic A. Ranelli, had wanted to explore, which included
renovating buildings, expanding stores, adding a theater, improving the mix of
stores, and building a new connection to Fordham Boulevard, to name a few.
Council Member Pavăo then outlined the key issues
that the Committee wanted to explore with Mr. Ranelli and the Mall management
company, including conducting a traffic impact analysis, developing an improved
pedestrian and vehicle circulation plan, carrying out a comprehensive design of
the Mall’s landscape plan, improving stormwater management and pollution
control, retaining good bus service, preserving park and ride spaces for major
events, continuing a recycling facility, and conducting a comprehensive review
of proposed changes in a unified application.
Council Member Pavăo explained that the Mall would
have a proposed total of 26,600 square feet of additional building
development. This would include 11,000
square feet for the K&W Cafeteria, a new 6,000 square foot retail building,
a new Chapel Hill Tire building behind Harris Teeter, a 1,550 square foot
addition to the main entrance, and a 1,610 square foot addition to the
northwest entrance. Council Member
Pavăo also outlined the additional landscaping, pedestrian walkways, interior
renovations, recycling facility, bus shelter, and bio-retention facility that
would be part of the new Mall.
Council Member Pavăo noted that the Mall management
had requested a waiver of traffic impact analysis requirements, but that the
Committee believed a normal traffic impact analysis should be done as part of
the regulatory review. He concluded
that the Committee recommended adoption of the resolution and approval of the
request for expedited review of the application for Special Use Permit
Modification, adding that there is a very sound reason for doing that,
mentioning the Southpoint Mall.
Council Member Evans expressed enthusiasm for the
Committee’s accomplishment. She noted
that the Town was making real strides in managing stormwater runoff, and
praised the reduced parking and increased landscaping.
Council Member Foy added that the key thing is that
the Mall will contain an acre and a half less of impervious surface, and the
stormwater management techniques will filter out a lot of pollutants as water
collects and moves downstream. He
stated that they were all impressed with the amount of money the Mall was
willing to invest in significant environmental upgrades.
Council Member Bateman asked how many parking spaces
would be eliminated. Council Member
Pavăo replied that the entire stretch between the main Mall entrance to CCB
would be taken out and plantings put in, and there would be 175-200 spaces
eliminated. Council Member Bateman
suggested grinding up the old asphalt and putting it down on dirt roads.
Mayor pro tem Capowski, noting that one and a half
acres is about a 3% reduction in impervious surface, asked what the percentage
reduction in parking would be. Council
Member Foy pointed out that the 41-acre site is not all impervious surface
right now.
Council Member Pavăo stated that there were 700+
parking spaces there, which would be reduced by about 175 spaces. Council Member Foy added that a lot of the
impervious surface is not necessarily coming out of parking.
Mayor pro tem Capowski asked if it would have any
substantial impact in reducing the flooding in eastern Chapel Hill. Council Member Foy replied that he believed
it would.
Council Member Pavăo said that the Committee had
identified seven areas where bio-detention should be put in and tried.
Council Member McClintock praised the three Council
Members who had been on the Committee.
Council Member Pavăo said that the project would reduce impervious
surface and may improve water quality as well.
Council Member Foy suggested that the Council
institute this as a parking lot regulation Town-wide.
Item 9b. Consideration of Resolution Directing Expedited Processing for the
University Mall Special Use Permit Modification Application (R-12)
Mayor pro tem Capowski clarified that this does not
remove the requirement for the traffic study.
Council Member Pavăo replied that the traffic study was being done and
would be ready during the month of October.
COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER
EVANS, TO ADOPT R-12. THE MOTION WAS
ADOPTED UNANIMOUSLY (8-0).
A RESOLUTION
DIRECTING EXPEDITED PROCESSING IN THE REVIEW OF THE SPECIAL USE PERMIT
MODIFICATION APPLICATION FOR THE UNIVERSITY MALL EXPANSION (99-9-27/R-12)
WHEREAS,
the Town Council has received a petition from JS Architecture for expedited
processing of its application for a Special Use Permit Modification for the
University Mall expansion; and
WHEREAS,
the proposed improvements to the University Mall would decrease the amount of
impervious surface on the site, expand the landscape bufferyards, and improve
access and drainage on the site;
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 Special Use Permit Modification application for the University Mall
expansion, in a manner that will speed review without sacrificing breadth or
depth of analysis.
BE IT FURTHER RESOLVED that a Council Public Hearing
is hereby called for January 19, 2000 on this application.
This the 27th day of September, 1999.
Council Member Wiggins praised Council Members Evans, Foy and Pavăo, noting that they had demonstrated once again the value of the Council using a sub-committee.
Item 10. Presentation Regarding Visit to Ottawa, Canada
(Council
Member McClintock)
Council Member McClintock explained that she,
Council Member Brown, Mr. Horton, and Mayor Waldorf had recently visited Ottawa
to study what might be the best transit system in North America in a city of
more than 615,000 people, similar in size to the Triangle area. She commented that there were attractive
bikeways everywhere, which did not follow the roads, and noted that the transit
system runs on time and is being monitored by about ten people on a
computerized system. She commented that
the Ottawa transit system was customer friendly, pointing out that anyone could
call twenty-four hours a day and get scheduling information and/or directions.
Council Member McClintock displayed photographs of
the Ottawa visit.
Council Member McClintock explained that Ottawa’s
buses run on roads, on the shoulders of highways similar to I-40, and on
dedicated busways. She noted that there
was a fan sucking air into an area that would otherwise have contained only
trapped pollutants. She showed a
picture of a bus line that ran downward in order to minimize its effect on the
neighborhood.
Council Member McClintock said that Ottawa plans to
buy new buses and that some will be hybrids (a mixture of electrical and
internal combustion) which will be quiet and less disturbing to the quieter
areas of the city. She reported that
developing such a system should be done in three stages, according to
consultant John Bonsil: first, a community needs to identify what land uses
they want for their area; second, it should identify the corridors; and third,
the community should decide on the technology.
Council Member McClintock suggested trying to influence the Mayors of
Durham and Raleigh to join Chapel Hill in planning a Triangle-wide system
similar to that in Ottawa.
Item 11. Discussion of Licensing of Dwellings Not
Occupied by Property Owners
Town Attorney Ralph Karpinos noted that this report
was first presented to the Council in June as a result of earlier discussions
with the Northside community. He
pointed out that two of tonight’s petitions related to the licensing of rental
units. Mr. Karpinos said that there are
eight to ten thousand rental units in Chapel Hill, and explained that the Town
has regulations in the Development Ordinance and Town Code that relate to how
people live together. He added that the
Town has authority to institute a licensing program for rental units, but
stated that he had not found one in North Carolina that resembled what the
Council had requested. Mr. Karpinos
said that programs in Annapolis, Maryland and Boulder, Colorado most closely
resembled what the Council had expressed interest in.
Mr. Karpinos identified issues that the Council
might wish to consider in discussing the matter and in determining if it wishes
to go forward with the development of a program for rental units. He estimated that a program to regulate
and license all units might require two or more full-time staff persons and
might generate $400,000-500,000 per year.
Mr. Karpinos referred to options listed on page six of the September 27,
1999 memorandum, which ranged from more progressively enforcing current rules
to developing a program for rental units to not taking any action at all at
this time.
Council Member Bateman asked if the program would
pay for itself. Mr. Karpinos replied
that revenues would come in which might offset salaries. Council Member Bateman expressed concern
about the possibility of raids, and asked for more specifics on how inspections
would be conducted. Mr. Karpinos
replied that there were a number of ways to inspect rental units, adding that
he envisioned a program, similar to that for building permits, where a person
would apply for a license and an inspection would be done before the license
would be issued. Mr. Karpinos noted
that inspections would not necessarily uncover the overcrowding of rental
units. He added that he did not
envision a program where the Town would go out and see how many people they
could catch.
Council Member Evans remarked on the awesome task of
inspecting 8,000 rental units, and suggested looking for other options. She wondered if inspections would have to be
done on a Town-wide basis for fairness.
She said that charging a fine would not accomplish the goal of making
rental housing and owner-occupied housing indistinguishable from each other
because owners would just raise the rent to pay the fee.
Council Member Wiggins supported the idea as a good
first step.
Council Member Foy noted that Raleigh inspects
rental units when there are more than five unrelated people living in a
single-family dwelling. He wondered,
though, if going out and looking at whether there are violations in the Code
would achieve the Town’s goal, and asked if Raleigh’s approach had been effective. Mr. Karpinos replied that a dwelling in
Raleigh with five or more unrelated people is licensed as a rooming house. He added that Chapel Hill covers the issue
of rooming houses in its Town ordinances, and pointed out that the problem in
Chapel Hill is with the unregistered and unlicensed five, six or more students
living together and the resulting number of cars.
Council Member McClintock noted that some of the
older neighborhoods were packed with renters and that there was no recourse for
the neighbors. She said that this
ordinance might help the Town deal with bad landlords. Council Member McClintock added that she had
no objection to defining rental property as a business and regulating it. She asked that this come back for
consideration and discussion.
Council Member Brown asked for more information on
the other college towns that are using an inspections program when this comes
back for further discussion.
Council Member Evans suggested getting a response
from the staff to the petitions that came before the Council tonight on related
issues before scheduling a work session.
Mayor pro tem Capowski asked if the Town inspects
apartment houses after issuance of a Certificate of Occupancy. Ms. Loewenthal replied that the Town
inspects under the Housing Code only when there is a request or a complaint
made.
Mayor pro tem Capowski confirmed from UNC’s Bruce
Runberg, who was in the audience, that there was a UNC program to certify
rental units as livable. Noting that
inspections are done to protect people, he said that it was reasonable for the
government to determine that what is being rented is at least of reasonable
quality.
Council Member Wiggins noted that since this issue
was related to others presented in the petitions it may come back to the
Council as part of what the Town can do to respond to the petitions. She added that she, too, would like to see
more detail from towns such a Boulder.
Mayor pro tem Capowski asked who checks things like
sprinkler systems. Ms. Loewenthal
replied that apartment complexes are not inspected as businesses because they
are considered to be residences.
Council Member Brown suggested referring the
discussion and related petitions to the staff for a report and a date for when
it could come back as a work session.
Ms. Loewenthal recommended bringing it back as an agenda item on
November 22, along with the staff’s response to the two related petitions. She suggested that the Council then decide
whether it wants to schedule a work session or wants the staff to structure a
proposal for inspections that the staff could consider at budget time.
Council Member Wiggins asked if the goal of
inspections could also be to protect and/or maintain the well-being of a
surrounding neighborhood with a rental unit.
Ms. Loewenthal replied that inspection would mean that rental units
would have to comply with all local ordinances, one of which addresses front
yard parking.
The Council decided by acclamation to adjourn after
considering Item 12, as time was now 10:30 p.m.
Item 12. Consideration of Revision to the Noise Ordinance Lowering the
Maximum Level for Sounds Emanating from HVAC and Other Mechanical
Equipment at New Buildings (O-2)
Council Member Brown asked to substitute her
resolutions for item 12. She said that
she, Mr. Karpinos, and Milton Heath from the Noise Committee, had met with
Environmental Noise Consultants and had agreed on a compromise to Agenda Item
12. Resolution 18, Council Member Brown
explained, would direct the Manager to require acoustical impact statements as
part of the development application.
She said that Resolution 19 would give notice to all people bringing new
proposals to the Council that the Town would be considering enacting stricter
standards for noise generated by HVAC and other mechanical equipment. She asked Mr. Karpinos if he had anything to
add.
Mr. Karpinos said that part of R-18’s objective is
that the Town would have an opportunity to compare information about the
acoustics of the project with noise ordinance standards and give feedback to an
applicant early on as to the potential for a project to have difficulty with a
noise ordinance. He added that,
similarly, R-19 would let people know that the Council may revise the ordinance
in the future so that they could take those possible changes into account in
their development plans. Mr. Karpinos
added that the last “Be it further resolved...” paragraph directs the Manager
to make this information available to persons proposing new development. He said that it also could be made available
on the website and at the Planning Department for those who are designing
buildings.
Mayor pro tem Capowski stated that R-18 and R-19
would be asking people to provide analysis at the time they propose the
building. Mr. Karpinos explained that
the requirements would be similar to those that are currently in place for
traffic impact statements. He said the
Manager would prescribe the application information and in some cases exempt
applicants from providing information because of the size or nature of the
project. Mr. Karpinos said that under
this type of standard a single-family home with a standard residential unit on
a standard residential lot meeting setback requirements would not be expected to
provide this analysis. But, Mr. Karpinos
added, if somebody with a building permit application were proposing an unusual
heating and air conditioning system that the staff had never seen before and/or
was going to provide some performance level that the staff was unfamiliar with,
then this might give the staff an opportunity to ask for more information about
its impact.
Mayor pro tem Capowski asked if an acoustical impact
statement must be made by someone with appropriate credentials. Mr. Karpinos replied that the resolution
defines an acoustical impact statement as requiring, at minimum, information on
the DBA level and the octave band sound pressure levels. He noted that some of that information would
be available from the manufacturer of the particular heating or air
conditioning unit.
Attorney Ron Merritt, representing members of the
Chapel Hill Country Club, stated that the Club would not oppose the resolutions
as stated but would asked that the Council carefully consider reductions in
noise levels now and in the future. Mr.
Merritt noted that the fan behind the fourth green would not be allowable if
levels were lowered across the board to 45 decibels. He argued that the new ordinance might make noises that we all
take for granted, such as residential air conditioners, prohibited under the
new regulations.
Bruce Runberg, Associate Vice Chancellor for
Facilities at UNC, opposed lowering the daytime/nighttime levels by five
DBAs. He said that the University’s
position was that the enabling statute does not expressly apply to buildings at
UNC. Mr. Runberg noted that the
University had tried to be good neighbors by reducing noise levels. He requested that the Council not make any
decisions on R-18 and R-19 before there is time for it to be analyzed by those
whom it might affect.
Mr. Runberg commented that even if you have an
acoustical impact statement you still need a standard to compare it
against. He suggested that the
resolution was “just a diversion in another shape to try to control noise
levels.” Mr. Runberg stressed that this
is a complicated issue relative to the technical aspects and to how it relates
to people’s perception of noise. He
said that he would like to see what an acoustical impact statement truly is,
and suggested that the Town was rushing too fast with regard to this
initiative.
Council Member Bateman asked Mr. Runberg if the
University was opposed to future developments having a standard which is five
decibels lower. Mr. Runberg replied
that they were opposed to the original proposal, for which they were asked to
attend the meeting, because they believe that current criteria is acceptable
and practical.
Mayor pro tem Capowski ascertained from Mr. Karpinos
that adopting O-2 would mean that noise measurement still would be made at the
property line. He then suggested that
one option for a large landowner such as the University would be to build the
noisy buildings farther away from the property line. Mr. Karpinos deferred to Police Major Gregg Jarvies, who explained
that noise levels were taken from the property line, meaning in the
University’s case that a building located 3-deep into a complex would still be
measured from the University’s property line, which may well be some distance
away.
Ed Harrison, Noise Ordinance Committee member, urged
the Council to support the resolutions.
He described noise as a pollutant, and pointed out that four
municipalities in the Triangle area are looking at their noise ordinances. Mr. Harrison praised R-18, because it
included both all zoning compliance permits and special use permits as well as
two sets of decibel levels. He
supported passing both resolutions now, adding that if the Council had concerns
they should get them onto the consultants work plan “tomorrow.” Mr. Harrison added that R-19 is helpful
because an architect can change the design in relatively inexpensive ways. He pointed out that this would be a lot
easier than having to change it later.
Council Member Brown stated that the two resolutions
had actually come from the consultant.
She expressed reluctance in putting off adoption, noting that these were
resolutions requiring information, not ordinances.
COUNCIL MEMBER BROWN MOVED R-18, SECONDED BY COUNCIL
MEMBER MCCLINTOCK.
Council Member Evans said that she was not
comfortable voting on something when she did not understand the language.
She argued that the Town had hired a consultant to come and talk with
the Council about these issues, and that she would prefer to wait for the
consultant to come and educate them.
Council Member Evans described the resolutions as “cut and paste,” and
said that she wanted to have the whole picture before making a decision. She questioned the need for voting on this
in a “crisis mode,” and added that the Council had a policy of not taking
action on issues that were introduced at the table. Council Member Evans pointed out that those whom these
resolutions might affect had not been notified, and stated that she had not had
time to read them completely.
Council Member Bateman said that she supported the
second resolution and did not have a problem with the first except that she
thought people ought to have a chance to respond to it. Council Member Brown said that this was not
exactly being done in a “crisis mode,” since the recommendation from the Noise
Committee had come in January. She
added that it would be worse for developers to construct buildings that might
not meet future standards and that going forward with the resolutions would be
a service to developers.
Council Member Bateman pointed out that the Council
had even let the public know that they would be required to pick up after their
dogs. She said that this issue, as
well, should be published on the agenda so that people can give an opinion on
it.
COUNCIL MEMBER BROWN WITHDREW HER MOTION AND MOVED
THAT THIS BE PUT ON THE NEXT REGULAR COUNCIL AGENDA AS EARLY AS POSSIBLE. COUNCIL MEMBER MCCLINTOCK SECONDED.
Council Member Evans asked to include notifying the
University, the school system and all community organizations or entities that
might be affected. Council Member Brown
did not accept that as a friendly amendment.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL
MEMBER PAVAO, THAT THE TOWN NOTIFY THE UNIVERSITY, THE SCHOOL SYSTEM, BUSINESS AND COMMUNITY ORGANIZATIONS, AND
ALL HOME AND COMMERCIAL CONTRACTORS OF THE AGENDA ITEM REGARDING R-18 AND
R-19. THE MOTION FAILED (3-5), WITH
PAVAO, WIGGINS AND EVANS VOTING AYE AND BATEMAN, BROWN, CAPOWSKI, FOY, AND
MCCLINTOCK VOTING NAY.
COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL
MEMBER MCCLINTOCK, TO PUT R-18 AND R-19 ON THE AGENDA FOR DISCUSSION AS EARLY
AS POSSIBLE AT THE NOVEMBER 22ND MEETING.
THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL
MEMBER EVANS, TO ADJOURN THE MEETING.
THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
Council Member McClintock circulated a petition to
Council Members.
The meeting was adjourned at 11:05 p.m.