SUMMARY OF A REGULAR BUSINESS MEETING
OF THE CHAPEL HILL TOWN COUNCIL
MONDAY, NOVEMBER 8, 1999, AT 7:00 PM.
Mayor Rosemary Waldorf called the meeting to order at 7:00 p.m.
Council Members present were Flicka Bateman, Joyce Brown, Joe Capowski, Pat Evans, Kevin Foy, Julie McClintock, Lee Pavăo, and Edith Wiggins.
Staff members present were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Assistant to the Manager Ruffin Hall, Town Attorney Ralph Karpinos, Finance Director Jim Baker, Town Accountant Kay Johnson, Planner Rob Wilson, Solid Waste Director Gayle Wilson, Traffic Engineer David Brown, Planning Director Roger Waldon, Engineering Director George Small, Planner Chris Brendt, Public Works Director Bruce Heflin, Urban Forester Curtis Brooke, and Town Clerk Joyce Smith.
Item 1. Presentation of Community Design Awards
Mayor Waldorf recognized Diane Bachman, of the Community Design Commission, to present the awards. Ms. Bachman explained the Commission’s goal was to publicly recognize the efforts of those who had made significant contributions toward enhancing the natural and built environment of Chapel Hill. She said the Commission gives awards to projects that it deems fulfill this mission statement. Ms. Bachman presented awards in eight categories.
The Robert E. Stipe award for historic preservation, restoration and rehabilitation went to the Carolina Inn. The Residential Landscaping award went to The Garden at 729 E. Franklin Street. The Excellence in Institutional Design award was given to Christ United Methodist Church at 800 Market Street. The Community Rehabilitation award went to Mama Dip’s Kitchen on Rosemary Street. Crooke’s Corner on West Franklin Street received the Excellence in Landscaping on a Small Urban Site award.
The Excellence in Neighborhood conservation and Stewardship award was given to the Gimghoul Neighborhood. The Excellence in Restoration award went to the Cross residence at 111 Hooper Lane, and the Excellence in Rehabilitation for Commercial Use award went to Foster’s Market on Airport Road. Honorable Mention for Continuing Contribution to the Community’s Appearance was awarded to the Glen Lennox Apartments, Chapel of the Cross, and Mathias and Marie Weiden at 525 North Street. Mayor Waldorf asked that the awards recipients and members of the Community Design Commission stand for recognition.
Item 2. Public Hearings (none)
Item 3. Petitions by Citizens and Announcements by Council Members
3a. Petitions.
Danny Stancil, Manager for New City Development at Interpath. Mr. Stancil petitioned the Council to allow Interpath to pull a fiber optic cable through an existing underground conduit which Interpath is leasing from Bell South. He said there would be nothing visible above the ground after they had finished. Mr. Stancil pointed out that Interpath was trying to meet some schedules for MCNC and requested expedited treatment of this petition.
Mayor pro tem Capowski stated he hoped Interpath and other similar companies would find a way to provide telephone, cable TV and Internet services down one line on a non- exclusive and competition-forcing basis. He asked the Manager if this would give Interpath exclusivity, noting that he wanted to prevent that.
Mr. Stancil replied Interpath was the only company, at this point, asking for permission to place the cable. He added that Interpath was involved in discussions with the Town’s staff regarding a franchise and was fully aware that it must be non-exclusive in every way.
MAYOR PRO TEM CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER MCCLINTOCK, TO RECEIVE AND REFER THE PETITION TO THE TOWN MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
3b. Announcements.
Mayor Waldorf reported that members of the Town had taken a second Saturday
bus trip to Speed, NC in order to “rip and strip” houses that had been destroyed
by Hurricane Floyd.. She said she and 36 others had gone on the trip and that
it had been a very successful day. Mayor Waldorf said volunteers would go to
Speed again on November 13th and 20th and that citizens could sign up by contacting
Rachel Windham at 962-5696 or by E-mailing the project at [email protected].
No items were removed, but Mayor Waldorf commented, regarding Item F, the Council had a very productive session with the Town Attorney and Town Manager and was happy to award a five percent salary increase to both individuals.
COUNCIL MEMBER PAVĂO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT R-1. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES
(99-11-8/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:
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a. |
Nominations to Human Services Advisory Board and Solid Waste Advisory Board (R-2). |
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b. |
Ordinance amending the Animal Control Ordinance to expand the definition of vicious animal. (O-1). |
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c. |
Resolution calling a public hearing on regulation of open burning within the Town or the Town’s extraterritorial jurisdiction. (R-3). |
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d. |
Resolution amending the Development Review fee schedule to double the fee for development applications received after work has started. (R-4). |
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e. |
Resolution authorizing the Manager to execute documents regarding rights-of-way and easements along N.C. Highway 15-501 necessary to construct roadway and associated improvements. (R-5). |
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f. |
Ordinance amending Manager and Attorney salary. (O-3). |
This the 8th day of November, 1999.
A RESOLUTION NOMINATING APPLICANTS TO VARIOUS BOARDS AND COMMISSIONS (99-11-08/ 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:
Sarah Kogut
Albert F. Vickers
This the 8th day of November, 1999.
AN ORDINANCE AMENDING SECTION 4-16 OF THE CODE OF ORDINANCES REGARDING VICIOUS ANIMALS (99-11-8/O-1)
BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
Section 1. Paragraph (a) of Section 4-16 of the Town Code is hereby revised by adding a new subparagraph (5) to read as follows:
“(5) On two separate occasions, while not properly restrained, approached a person in a menacing fashion or apparent attitude of attack.”
Section 2. This ordinance shall become effective upon adoption.
This the 8th day of November, 1999.
A RESOLUTION CALLING A PUBLIC HEARING ON REGULATIONS BANNING OPEN BURNING WITHIN TOWN LIMITS OR THE TOWN’S EXTRATERRITORIAL JURISDICTION (99-11-8/R-3)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council calls a public hearing on January 19, 2000 to receive comments on a proposed ordinance to regulate and prohibit the open burning of trees, limbs, stumps and construction debris within the Town or the Town’s extraterritorial jurisdiction.
This the 8th day of November, 1999.
A RESOLUTION AMENDING THE FEE SCHEDULE FOR DEVELOPMENT REVIEW FEES TO DOUBLE THE FEE FOR DEVELOPMENT APPLICATIONS THAT THE TOWN RECEIVES AFTER THE ACTIVITY OR CHANGE HAS ALREADY OCCURRED OR BEEN STARTED (99-11-8/R-4)
WHEREAS, the Town Council has received the Manager's report and determined that it is appropriate to double the fee for development applications that are submitted after the activity or change has already occurred or been started;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Fee Schedule for Development Review is hereby amended to add a footnote to the Development Review Fees Schedule (current copy attached) which states the following:
***All review fees are doubled if the activity or site change requested has already occurred or been started.
This the 8th day of November, 1999.
A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE DOCUMENTS FOR TRANSFER OF PORTIONS OF TOWN-OWNED PROPERTIES ADJACENT TO THE ROUTE U.S. 15-501 TO THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION FOR RIGHTS-OF-WAY AND EASEMENTS NECESSARY TO CONSTRUCT ROADWAY AND ASSOCIATED IMPROVEMENTS (99-11-08/R-5)
WHEREAS, the Town of Chapel Hill and the North Carolina Department of Transportation have agreed upon and funded a roadway improvement project for route U.S. 15-501 south of Town; and
WHEREAS, certain rights-of-way and easements must be acquired by the North Carolina Department of Transportation to accommodate the roadway and associated improvements; and
WHEREAS, the Town owns five parcels of land adjacent to the improvement corridor upon which said rights-of-way and easements are necessary; and
WHEREAS, the Town does not expect to receive compensation for said rights-of-way and easements since the U.S.15-501 Improvement Project was requested by the Town;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Manager is herewith authorized to execute documents for transfer of portions of Town-owned properties adjacent to U.S. 15-501 to the North Carolina Department of Transportation for rights-of-way and easements necessary to construct roadway and associated improvements.
BE IT FURTHER RESOLVED that the Council reserves the right of the Town or its agents to enter upon said rights-of-way and easements as may be necessary for construction and/or maintenance of Town facilities.
This the 8th day of November, 1999.
AN ORDINANCE AMENDING THE POSITION CLASSIFICATION AND PAY PLAN DATED NOVEMBER 1, 1999 (99-11-8/O-3)
BE IT ORDAINED by the Council of the Town of Chapel Hill that the Ordinance Establishing a Position Classification and Pay Plan (99-6-14/O-9) is amended as follows:
In Section IV, part B, under Elected and Appointed Officials, DELETE the lines
Position: No.
Town Attorney 1 $ 94,372
and ADD the lines
Position: No.
Town Manager 1 $107,235
Town Attorney 1 $ 99,091
This the 8th day of November, 1999.
Item 5. Information Reports
a. First Quarter Report for the Town for 1999-2000.
b. First Quarter Report for Orange Community Housing Corporation.
No items were removed for discussion.
Item 6. Presentation of the 1998-99 Comprehensive Annual Financial Report
Finance Director Jim Baker thanked Kay Johnson and her staff, and all others who had contributed to this year’s effort, and then introduced Arnie Thompson, a manager with McGladrey and Pullen, LLP. Mr. Thompson gave an overview of the report’s introductory section, explaining it contained background on the Town government, an overview of Chapel Hill’s financial position, and the results of operations for the period ending June 30, 1999. He reported Chapel Hill had received a Certificate of Achievement for financial reporting which means that the Town met the highest standard.
Mr. Thompson explained the second section contained combined financial statements and related notes as well as more detailed schedules and statements on individual funds and account groups. He said the third part was the statistical section, and that the final part, the compliance section, was required of all governments receiving more than a minimum amount of federal financial assistance. Mr. Thompson reported there were no issues of non-compliance.
Council Member McClintock asked Mr. Thompson to comment on the amount of fund balance that the Town has this year. Mr. Thompson replied the Town’s fund balance shows good fiscal management.
on Landscaping with Wildlife in Orange County
Livy Ludington and Haven Wiley presented a study and maps showing land areas in Orange County which are worthy of protection. Ms. Ludington explained these areas contain animals that do not co-exist well with humans and which are beginning to lose their habitat. She noted that she and Mr. Wiley had presented their maps to the governments of Hillsborough, Carrboro, and Orange County with the idea that planners would see the green infrastructure of the County and work carefully when making planning decisions. She noted they had not been able to get the most recent building permit information from Chapel Hill so some of the prime forest shown on that part of their map had already been converted into subdivisions.
Mr. Wiley added the native wildlife of Orange County is mostly forest wildlife. He said that the information provided is compatible with other GIS information and can therefore be used by planners in that format. He explained the importance of a forest for wildlife depends both on intrinsic properties of a forest (size, compactness, maturity, presence of recognized natural areas) and on contextual properties (the neighborhood value, how much habitat is nearby). Mr. Wiley explained that they had rated both the intrinsic and the contextual properties and had plotted the combined ratings on the maps.
Council Member McClintock, noting many of these tracts were not joined to each other, inquired about the prospect of having wildlife there in the future. Mr. Wiley replied Orange County still has quite a bit of wildlife in areas that are not separated by large gaps. He added, though, they had emphasized contextual ratings in their report because isolated areas will lose that wildlife. Mr. Wiley noted the greater the barrier the less likely animals will be able to cross it.
Council Member McClintock asked Ms. Ludington and Mr. Wiley if they would be recommending to the County ways to acquire space. Mr. Wiley replied they had not focused on that, but added that his information could be used to prioritize areas for preservation. He pointed out the wildlife rating for a tract of land changes when a nearby tract changes, noting that Duke Forest could become an island through the loss of nearby forests.
Council Member Bateman asked Mr. Wiley to point out the Horace Williams Tract on the map. Mr. Wiley did so and commented that most of the Horace Williams Tract consists of pines except for a small corner which is hardwoods.
Mayor pro tem Capowski, noting the next item would be about the Greene Tract, asked the speakers if they had any suggestions about where the County should site a construction and demolition waste landfill and/or a materials recovery facility and a transfer station. Ms. Ludington replied such a place would not be on their map, and Mr. Wiley agreed.
Council Member Evans asked why there were not many colored areas in the northern part of Orange County. Mr. Wiley replied much of that had been cleared and converted to agricultural farmland. He added that the part of Hillsborough south of the Eno is much more rugged and there is more forest left there.
Council Member McClintock requested the staff provide the speakers with the information they need to complete their inventories. Mr. Horton noted there is new aerial photography available which they could compare to the 1988 photography used in their maps. Mr. Wiley said updating the maps would require hiring someone for a short time to reclassify the forests, but it would be a straightforward endeavor and would allow the County to see how it is doing in this regard.
Council Member Brown, noting much of the land is outside the Town’s jurisdiction, asked the staff to bring back information on how the Town might work with other jurisdictions to help bring about its preservation of some of it. Mr. Wiley added this is part of a larger regional issue and expressed hope the governments of Orange County would work with the other counties to get a large picture of the landscape.
Council Member Evans asked if Triangle Land Conservancy had asked Triangle J Council of Governments to work on this kind of mapping for the region. Ms. Ludington replied the Land Conservancy had sponsored their work. She added this was the first model and they had been hoping that the six counties in the Triangle area would do this simultaneously. Ms. Ludington added she was not sure of the progress in other counties but knew they had been interested.
COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER MCCLINTOCK THAT STAFF CONSIDER HOW THE COUNCIL MIGHT WORK WITH OTHER GOVERNMENTS IN ORANGE COUNTY TO HELP WITH PRESERVATION OF IDENTIFIED PARCELS OF LAND IN THE COUNTY. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Item 7. Solid Waste Issues
7a. Resolution Regarding the Greene and Neville Tract (Council Member Brown).
Council Member Brown, referring to the map on page five, noted the Greene Tract was filled with hardwoods. She suggested several alternative uses for the tract: 1) keeping the land intact as publicly owned land; 2) leaving a large section in a natural state, but also providing for land for low and moderate income homes for single citizens and families; or 3) putting both the Neville and the Greene Tracts in the Community Land Trust, which would be an exclusive land trust for these two tracts of land.
Council Member Brown asked the Council to consider adopting the resolution on page three. She asked that they look again at the Greene Tract and have a mediated dialogue with the County Commissioners regarding it.
COUNCIL MEMBER BROWN MOVED, SECONDED BY MAYOR PRO TEM CAPOWSKI, TO ADOPT R-5.1.
Mayor pro tem Capowski asked for staff comment on what effect the motion would have on the next agenda item. He stated there were sound political and financial reasons why the solid waste issue should be transferred to the County. He added the Greene Tract should not be used for a solid waste facility because it will be valuable as a beautiful passive site in 50 years. Mayor pro tem Capowski stated he would support any means of transferring solid waste facilities to the County but strongly recommend not using the Greene Tract for that purpose.
Council Member Brown mentioned various studies had shown that finding the necessary land for a materials recovery facility and a MRF would not be a problem.
Council Member Foy agreed with both Council Member Brown and Mayor pro tem Capowski that the Greene Tract should be protected. He pointed out, though, that the question was whether or not to transfer it to the County, which had asked for one-third of the Greene Tract as part of the Interlocal Agreement. Council Member Foy commented it would be inappropriate to begin passing resolutions the County would consider as hostile to the Agreement.
Council Member McClintock agreed with the sentiments that other Council Members had expressed. She suggested recommending the County look at other options. Council Member McClintock added people who live near the Greene Tract should be approaching the County Commissioners with their concerns.
Mr. Horton stated that items one, two, three and six of Council Member Brown’s resolution would be in conflict with the basic provisions of the Interlocal Agreement and would be a source of concern for the County Commissioners.
Council Member Bateman agreed with Council Member Foy that no one wanted the neighborhood to experience any more solid waste activity. She suggested the Council go on record as recommending that the listed goals be considered when the County makes its decision on the Greene Tract.
Mayor Waldorf concurred with what Council Members Foy, McClintock and Bateman had said. She added that the Council had been clear all along that it did not want this land used for a solid waste facility. Mayor Waldorf explained the County Commissioners wanted to make sure this land would be available to them if they could not find any other place to build a transfer station.
Council Member Brown argued there was nothing hostile in the language. She said her resolution would put a completely new direction on the way the Town was going because it would make environmental, affordable housing, and regional cooperation issues more important. She said this not only related to solid waste issues but to how the Town should be treating its land. She then called the question.
Mayor pro tem Capowski asked Council Member Foy what mechanism he would suggest to convey the information to the Commissioners. Council Member Foy replied that expressing their opinion and setting forth what the Town’s goals are for the Greene Tract to the Commissioners would be fine, as would suggesting that there be dialogue over the issue. He stated it would be appropriate for the Council to be forceful in their opinion about what should happen with this property. But, Council Member Foy pointed out, the land will be the County’s property and what is done with it will be the County Commissioners’ decision. He added that the Council can lobby the Commissioners and can encourage citizens to do so as well. Council Member Foy advised keeping in mind that the Town’s solid waste staff has not recommended this site for a materials recovery facililty or for a transfer station and there are many reasons against using this land for that purpose.
THE MOTION FAILED (8-1) WITH COUNCIL MEMBER BROWN VOTING IN FAVOR AND ALL OTHER COUNCIL MEMBERS VOTING NAY.
7b. Consideration of Proposed Development Ordinance Text Amendment for Solid Waste Management facility (O-4) (O-5).
Planning Director Roger Waldon explained the proposal was to amend the Development Ordinance to create a new zoning district which would allow an application to be submitted for rezoning of a piece of land. He noted that if that land is in the joint planning area it would require a joint public hearing between the Town Council and the Orange County Board of Commissioners.
Mr. Horton added that County Manager John Link had advised having a joint planning hearing in January or February so that the transition could continue on the present schedule which would result in the transfer on March 6, 2000.
Council Member Brown asked Mr. Horton to explain when the public would get an opportunity to speak individually to the Boards and put forth a protest petition. Mr. Horton replied there would be opportunities at the time of the joint planning hearing and during the time the rezoning was being considered by each of the bodies. He added that the protest petition could be filed when the zoning was actually up for a vote. Town Attorney Ralph Karpinos added the deadline for filing a protest petition is two business days prior to the date set for the public hearing before the body that has to make the decision of whether to rezone the property. Council Member Brown asked if it would be the Town Council, and Mr. Karpinos replied he believed it would be.
Council Member McClintock asked if Mr. Link had thought that moving the public hearing up would leave enough time for a transfer. Mr. Horton replied he and Mr. Link were both of that opinion.
Council Member Foy, referring to the map provided by the staff, suggested a larger 200-foot buffer and asked if other Council Members agreed. He noted a 200-foot buffer would not interfere with the ability of the County to use it.
Council Member McClintock expressed her support for this.
Mayor Waldorf asked Mr. Horton to comment on how changing the buffer would amend Ordinance A. Mr. Horton said he thought it would be a matter of changing the designation of the buffer from one type to another. He said that it would be easy to do so.
COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO ADOPT O-4, AS AMENDED TO INCLUDE A 200-FOOT BUFFER. THE MOTION WAS ADOPTED (8-1), WITH COUNCIL MEMBER BROWN VOTING NAY.
AN ORDINANCE AMENDING THE CHAPEL HILL DEVELOPMENT ORDINANCE REGARDING A NEW ZONING DISTRICT FOR A SOLID WASTE MANAGEMENT FACILITY (99-11-8-/O-4)
WHEREAS, the Council of the Town of Chapel Hill has considered the proposed amendment to the Chapel Hill Development Ordinance to provide for a new zoning district for a new land use called Solid Waste Management Facility, and finds that the amendments are appropriate due to changed or changing conditions in a particular area or in the jurisdiction generally and achieve the purposes of the Comprehensive Plan;
NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
“2.121.2 Solid Waste Management Facility: Solid Waste Management Facility shall be operated by or on behalf of a governmental agency and shall include, but not be limited to, a solid waste transfer facility and a materials recovery facility. A solid waste management facility shall not include the burial of any waste material.”
Section 2. Section 3.1 of the Chapel Hill Development Ordinance is hereby amended be adding a new Subsection 3.1.9.1 to read as follows:
“3.1.9.1 Materials Handling District (MH)
The Materials Handling (MH) district is intended to provide for public operation of a Solid Waste Management Facility.”
Section 5. Section 12.3 of the Chapel Hill Development Ordinance is hereby amended to provide the following additional language to the “Key” at the bottom of each page of the schedule:
“*Key: “—“ Not Permitted; “A” Permitted as an Accessory Use; “P” Permitted as a Principal Use if floor area of proposed development is less than 20,000 square feet and area of disturbed land is less than 40,000; otherwise, permitted as a Special Use in all districts except OI-3 and MH and for all uses except existing Elementary and Secondary Schools. In OI-3 and MH “P” Permitted as a Principal Use, “S” Permitted as a Special Use. For existing Elementary and Secondary Schools “P” Permitted as a Principal Use.”
Section 6. Subsection 13.11.1, Use Group A; Subsection 13.11.2, Use Group B; Subsection 13.11.3, Use Group C, Schedule of Intensity Regulations are hereby amended to provide for a new zone called MH, the same requirements as the current RT provisions.
“g) Any development of a Solid Waste Management Facility on a zoning lot.”
Section 8. The first paragraph of Section 14.12.2 of the Chapel Hill Development Ordinance is hereby amended to read as follows:
“A buffer is a strip of land together with the screening required thereon. Except as otherwise specifically provided in this chapter, the type of buffer required between a proposed development and adjacent streets, land uses or zoning designations shall be as specified in Subsection 14.12.6, Schedule of Required Buffers. Where the proposed development site and the adjacent land are both located within either Town Center District, no buffer shall be required. Where the proposed development site is located in the Residential-High Density-12 zoning district, no buffer shall be required. Where the proposed development site is located in the Materials Handing (MH) zoning district, a 200 foot landscape bufferyard shall be required.”
Section 9. Section 14.13.7 of the Chapel Hill Development Ordinance is hereby amended to read as follows:
“14.13.7 Signs in Residential, Materials Handling, and Rural Transition Districts and in PD‑H Developments
No sign shall be erected or displayed in any Residential, Materials Handling, or Rural Transition district or in any Planned Development‑Housing except as allowed under subsection 14.13.4 or as provided below:
Section 10. Development identification signs containing the name and/or logo of a subdivision, multi‑family development, or planned development, provided such signs are limited to one free‑standing sign at each principal point of access to the development, sixteen (16) square feet in area per display surface, and a maximum height of six (6) feet above finished grade; or two (2) signs mounted on wooden, brick, or stone entry walls, eight (8) square feet per display surface, and a maximum height of six (6) feet above finished grade.
Section 11. Nonresidential signs identifying nonresidential uses permitted as a principal or special use in Residential, Materials Handling, or Rural Transition districts or as an accessory use in PD‑H developments provided such signs are limited to one ground or wall sign per zoning lot and sixteen (16) square feet in area per display surface.
Section 12. Lighting of signs in Residential, Materials Handling, and Rural Transition Districts and in PD‑H Developments is permitted if illumination levels are low, all fixtures are concealed, and spill‑over of light is minimal.”
Section 13. That all ordinances and portions of ordinances in conflict herewith are hereby repealed.
Section 14. That these amendments shall become effective upon adoption.
This the 8th day of November, 1999.
Council Member McClintock suggested Mayor Waldorf write a letter to the County Commissioners expressing the Council’s wish that: 1) the Commissioners consider alternative sites to the Greene Tract for transfer stations and other waste operations; 2) if one is built on the Greene Tract that it be a state-of-the-art facility; and 3) enter into facilitated discussions on how the remainder of the tract should be used.
Council Member Foy and suggested the Mayor summarize the Council’s conversation as well.
Mayor pro tem Capowski suggested the letter also include taking a fifty year view of how beautiful this land would be in its natural state as the Town develops. Council Member Foy added the Triangle Land Conservancy’s report had shown that since this is really the only part of Chapel Hill’s jurisdiction which can be saved, it is even more precious to Chapel Hill than it is to the rest of the County.
Mayor Waldorf said she would be glad to write such a letter.
7c. Non-regulatory Solid Waste issues related to Solid Waste Management facility.
No discussion.
Item 8. Campus at VilCom Center Application for
Special Use Permit Modification
Mr. Waldon stated a couple of questions had been asked at the October 18th public hearing regarding bicycle parking areas and access to the site. He indicated a series of adjustments the staff had made to the recommendation of approval, noting that page five in the memorandum highlighted some of those changes. Mr. Waldon said the staff’s report also included authorization would make it clear that Chapel Hill buses could penetrate the site if that were deemed desirable. He noted there was additional language on stormwater control measures beyond what is typical. He said there was language that would allow the Council to stipulate the sidewalk be extended, with a proviso because information was incomplete about whether there is a right-of way. Mr. Waldon noted a revised Resolution A would approve modification of the Special Use Permit.
Council Member McClintock pointed out the applicant had resisted enlarging the storm water basins because doing so would sacrifice more trees. She asked for staff comment on that. Mr. Waldon replied it was an “absolute trade-off.” She asked if there was any compromise possible. He replied that it might be possible to identify at least some small areas where they could try such a compromise.
VilCom developer Joe Hakan stated the applicant was willing to accept all of the stipulations except two or three. He suggested splitting the cost of the sidewalk with the Town, adding the applicant did not know when they might get the right-of-way. Mr. Hakan said VilCom could work whether Weaver Dairy road is widened or not. He said the applicant would have to redesign its internal circulation to accommodate buses and preferred not to do that. Mr. Hakan argued since the property is at the top of the watershed it may not be the right place to compromise the number of trees in order to build separate retention ponds. He introduced Amos Clark, with John McAdams Company, to address the stormwater issue.
Mr. Clark said the applicant would lose up to three quarters of an acre of trees because of the complexity of splitting off and separating to detention basins and because of the number of facilities that would be on the site. He suggested improving water quality control by enlarging detention basins and using them as water quality ponds instead of doing separate bioretention ponds.
Mr. Horton interjected the Town was not concerned with trying to treat the entire site using bioretention methods, but only in having further experimentation in the method. He said several smaller sites in areas that already would have trees removed might be landscaped in a way that would contribute to water quality and give an idea of how well the method works. Mr. Clark replied he had thought the staff intended this for the entire site.
Council Member Foy asked if Mr. Horton was proposing something similar to what was being tried at University Mall. Mr. Horton replied he was. Council Member Foy commented the staff’s proposal was an excellent one.
Mr. Hakan said he had misunderstood and had no objection to the plan as Mr. Horton described had it.
Mayor pro tem Capowski asked, regarding stipulation eight of Resolution 6A, what “the number of lanes in Weaver Dairy Road” meant. He asked if it had been left vague on purpose because the staff had hoped for guidance from the Council. Mr. Horton replied that the Council may reach agreement with the State at some point for a median-divided cross section there rather than a five lane cross section.
Mayor Waldorf asked Mr. Horton to elaborate on what options stipulation eight would open for the Council. Mr. Horton replied that all of the options the Council had asked the State to consider could be done.
Council Member Brown asked what stipulation eight obligated the developer to do. Mr. Horton replied at this point the developer would be obligated to build the five lane cross section. Council Member Brown asked if the resolution would require that. Mayor Waldorf asked what it would require them to build if they are ready to occupy the space before the Town had settled things with DOT. Mr. Horton replied it would be in the Council’s best interest to let them put in the sidewalks, curb, gutter and bike lanes for a five-lane cross section which the Town could then retrofit as it desired.
Mr. Horton commented that one way to address Mr. Hakan’s concern about lack of specificity regarding the sidewalk would be to modify the proposed language to say “if adequate right-of-way exists.” He also recommended adding the adequate right-of-way would have to exist “within five years of the date of this approval” and the applicant would be responsible for fifty percent of the cost of a sidewalk extension with the balance provided by the Town.
Council Member Foy asked if it would include the purchase of the right-of-way. Mr. Horton replied the Town would obtain the right-of-way and the cost of it would be the Town’s responsibility.
Mayor pro tem Capowski asked what the minimum number of parking spaces required by the Development Ordinance would be for this project. Mr. Waldon replied for the proposed square footage and the proposed general office use the minimum would be 688 spaces, adding the minimum would go up if any of the office space were used for a clinic. He noted the applicant was proposing 714 spaces.
COUNCIL MEMBER PAVĂO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADJOURN THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
COUNCIL MEMBER PAVĂO MOVED R-6A AS AMENDED, SECONDED BY COUNCIL MEMBER EVANS.
Mr. Horton read the wording for the sidewalk amendment: “...the sidewalk along the VilCom Center site be extended to the east to connect with the existing sidewalk along the Chapel Hill North property, if adequate right-of-way exists, or is obtained by the Town within five years of the date of this approval along each of the properties along the VilCom and Chapel Hill North sites. The applicant shall be responsible for the cost of fifty percent of such extension with the balance provided by the Town.”
Mr. Hakan said this was acceptable to him. He pointed out, however, the Council had not yet made a decision about the internal buses.
Mayor Waldorf read stipulation 10, which said that the internal route should be designed to accommodate transit vehicles and asked Mr. Hakan if this was acceptable. Mr. Hakan replied that it was not, noting it would require the applicant to change all of the dimensions of the circle.
Council Member McClintock suggested inserting “to allow public transit if feasible,” or words to that effect, so small buses might be able to go through there. Mr. Hakan said the applicant had no objection to buses per se, but only to having to change the design.
Council Member Foy asked for the staff’s opinion. Mr. Horton said the staff’s goal was to serve the site in the future with frequent and accessible stops. He asked if the tight radius was the only problem for the applicant. Mr Hakan explained that having to accommodate buses would mean eliminating the fountain in the middle of the circle and sacrificing some of the planted areas around the turn.
Mr. Horton asked Mr. Karpinos to read language that would address this conflict. Mr. Karpinos stated it would be a matter of adding “and the owner” to the second line after “Town Manager” so that it would be a mutual negotiated decision about how that route would be designed within the site. Mr Karpinos stated buses may not have to go around that circle because there may be another way to get into the site. Mr. Hakan replied creating a second entrance might be a possibility and expressed confidence that something could be worked out with the new wording.
Council Member Foy supported the Manager’s opinion that there should be public transportation and Council Member Pavăo remarked the Town would achieve that with this language.
Mayor pro tem Capowski stated he was delighted to support the VilCom project. He said he was impressed by the applicant’s visual presentation and also by the low number of parking spaces.
Council Member Brown requested clarification of language on number eight. Mr. Horton replied it would require the applicant construct the full five-lane cross section. If the Council were in a position with the State to offer a different design at the time, he said, then the applicant would be able to construct that design. Mr. Horton recommended, though, that if the design issues were not resolved at that point the five-lane cross section should be built similar to the rest of the roadway. As the time approaches for modification, he added, it could be turned into some other cross-section that could be built. Mr. Horton reiterated the applicant would be responsible for only half of the cost.
COUNCIL MEMBER PAVĂO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT R-6A, AS AMENDED, TO INCLUDE THE SIDEWALK AND THE FLEXIBILITY TO WIDEN THE ROAD, AND DISCUSSION WITH THE APPLICANT ON BIORETENTION EXPERIMENTATION WHICH WOULD NOT REQUIRE TREATING THE ENTIRE SITE. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR THE CAMPUS AT VILCOM CENTER OFFICE DEVELOPMENT (99-11-08/R-6a)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit Modification application proposed by VilCom Properties, LLC, on property identified as Chapel Hill Township Tax Map 17, Lots 14A and 41, if developed according to the site plan dated February 15, 1999 (revised September 30, 1999) and conditions listed below, would:
1. Be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;
2. Comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Articles 12, 13, and 14, and with all other applicable regulations;
3. Be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and
4. Conform with the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.
BE IT FURTHER RESOLVED that the Council finds, in this particular case, that the following modifications to the regulations satisfy public purposes to an equivalent or greater degree:
1. Modification of Subsection 14.12.6 of the Development Ordinance to allow a landscape bufferyard less than the required 10 feet along the northern property line of the site.
Said public purpose being that a greenway trail consistent with the Chapel Hill Greenways Comprehensive Master Plan will be provided within this landscape bufferyard.
2. Modification of Subsection 14.12.3 of the Development Ordinance to allow the landscape bufferyard along the northern property line to be located within an existing Duke Power easement.
Said public purpose being that a greenway trail consistent with the Chapel Hill Greenways Comprehensive Master Plan will be provided within this landscape bufferyard.
3. Modification of Subsection 14.12.6 of the Development Ordinance to allow a minimum six-foot landscape bufferyard in the areas of the existing parking lot.
Said public purpose being that the parking lot is an existing feature of the site and that an alternative landscape bufferyard was previously approved in this area.
BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit Modification for the Campus at VilCom office development in accordance with the plans listed above and with the conditions listed below:
Stipulations Specific to the Development
1. That construction begin by November 8, 2001 (two years from the date of Council approval) and be completed by November 8, 2004 (five years from the date of Council approval).
2. Land Use Intensity: That this Special Use Permit Modification authorizes construction of three new office buildings (for a total of four buildings) and 521 new parking spaces (for a total of 714 spaces) on the site.
3. Permitted Land Uses: That this permit authorizes office and clinic land uses, as well as day care and restaurant auxiliary uses on the site. Any proposed clinic uses shall demonstrate compliance with the Development Ordinance’s parking space regulations.
4. Recombination Plat: That the two lots associated with this development (Chapel Hill Township Tax Maps 17, Lots 14A and 41) be recombined to form one lot, and that the final plat be recorded at the Orange County Register of Deeds office, prior to issuance of a Zoning Compliance Permit.
5. Mobile Home Structures: That the mobile home structures which currently encroach upon the western property line of this site shall be relocated so as to satisfy the Development Ordinance’s building setback regulations.
6. Property Taxes: That if the property is conveyed to the University or other entity exempt from property taxes, a covenant will be placed in the deed of conveyance requiring the tax exempt purchaser to make an annual payment to the Town in lieu of the amount that would be paid in annual property taxes.
Stipulations Related to Roadway Improvements
7. Weaver Dairy Road Right-of-Way: That an additional five feet of public right-of-way be dedicated along the Weaver Dairy Road frontage of the site. The final plat identifying this right-of-way shall be recorded at the Orange County Register of Deeds office prior to issuance of a Zoning Compliance Permit.
8. Weaver Dairy Road Improvements:
a. That the site’s Weaver Dairy Road frontage be constructed to one-half of a 70-foot cross section, including curb and gutter, bicycle lane and concrete sidewalk (which may be a meandering sidewalk). The Town Manager shall approve the design of this cross section.
b. That the sidewalk along the VilCom Center site shall be extended to the west to connect with the existing sidewalk along the Chapel Hill North property, if adequate right-of-way exists or is obtained by the Town within five years of the date of this approval, along each of the properties between the VilCom and Chapel Hill North sites. The applicant shall be responsible for 50% of the cost of such extension, with the balance provided by the Town.
9. Payment-in-Lieu of Traffic Signal: That a payment-in-lieu of a traffic signal at the intersection of Weaver Dairy Road and Kingston Drive be provided prior to issuance of a Zoning Compliance Permit. The North Carolina Department of Transportation and Town Manager shall approve the amount of the payment. If traffic does not warrant the need for a signal within seven years of completion of the entire office development, the payment shall be reimbursed to the provider.
10. Internal Transit Service: That Chapel Hill Transit vehicles shall be authorized to enter the site, along a route to be approved by the Town Manager and the owner. The pavement design, and centerline and curb radii, of the route’s drive aisles shall be designed to accommodate transit vehicles.
Stipulations Related to Pedestrian and Bicycle Facilities
11. Location of Meandering Sidewalk: That the exact location of the meandering sidewalk along Weaver Dairy Road shall be approved by the Town Manager so as to ensure minimal disturbance to the existing trees within the landscape bufferyard.
12. Meandering Sidewalk Easement: That a public use easement shall be provided over the portion of the meandering sidewalk located outside of the Weaver Dairy Road public right-of-way, and that the Town shall not be responsible for maintenance of this portion of the sidewalk. This easement shall be identified on the final plat and recorded at the Orange County Register of Deeds office prior to issuance of a Zoning Compliance Permit.
13. Sidewalks within “Tree Save Areas”: That the Town Manager shall approve the locations of sidewalks within the “tree save areas,” and that the Town’s Urban Forester shall be consulted during construction of these sidewalks to ensure minimal disturbance to existing trees within these areas.
14. Greenway Trail Construction: That the greenway trail along the northern property line shall be constructed with the Town standard six inches of compacted base.
15. Greenway Trail Easement: That a 16' wide deed of easement to the Town shall be provided over the greenway trail along the northern property line, providing public access for pedestrians, non-motorized vehicles, motorized wheelchairs, Town maintenance vehicles and other public purposes consistent with the Chapel Hill Greenways Comprehensive Master Plan. The easement documentation shall be approved by the Town Manager and recorded on the final plat prior to issuance of a Zoning Compliance Permit.
16. Bicycle Parking: That secured, covered, illuminated bicycle parking areas shall be provided to accommodate a minimum of 80 bicycles using Wave-type racks. The racks shall be evenly distributed at each building on the site.
17. Shower Facilities: That one shower facility with lockers shall be provided in each of the three new buildings.
18. Landscape Plan Approval: That a detailed Landscape Plan, including landscape maintenance schedule, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
19. Landscape Protection Plan: That a detailed Landscape Protection Plan, clearly indicating which rare and specimen trees will be removed and preserved and including Town standard landscape protection notes, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
20. Landscape Bufferyards: That the following landscape bufferyards shall be provided, and that if any existing vegetation is to be used to satisfy the buffer requirements, the vegetation shall be protected by fencing from adjacent construction:
¨ Western property line: Type C landscape bufferyard, minimum width 20 feet except in locations where the existing parking lot encroaches upon this bufferyard. Additional plantings shall be required within the bufferyard if deemed necessary by the Town Manager.
¨ Northern property line: Type B landscape bufferyard, minimum width 15 feet except in locations where the greenway trail results in reduced widths.
¨ Eastern property line: Type C landscape bufferyard, minimum width 20 feet. No grading shall be permitted within this easement.
¨ Southern property line: Type D landscape bufferyard, minimum width 30 feet.
21. Hackberry Tree: That no disturbance shall be permitted within the critical root zone of the 40-inch (+/-) hackberry tree near the existing outhouse on the property.
22. Parking Lot Shading: That the Development Ordinance requirement for 35 percent parking lot shading shall be satisfied.
23. Tree Save Areas: That no disturbance may occur with the “tree save areas” unless authorized by the Town Manager. The storm drainage pipes, silt fencing and diversion ditches within the eastern “tree save area” shall be relocated outside of this area if feasible.
Stipulations Related to Utilities
24. Utility/Lighting Plan Approval: That the final utility/lighting plan be approved by Orange Water and Sewer Authority, Duke Power Company, Public Service Company, BellSouth, Time Warner Cable and the Town Manager before issuance of a Zoning Compliance Permit.
25. Utility Lines: That any utility lines on the site found not to be three-phase electric power distribution lines shall be placed underground, and that the Duke Power electrical lines in the rear of the site may remain overhead.
26. Fire Sprinkler System: That a fire sprinkler system shall be installed in the buildings, and that the Siamese connections to the systems shall be approved by the Fire Marshal prior to issuance of a Zoning Compliance Permit.
27. Fire Flow: That a fire flow report prepared by a registered professional engineer, showing that flows meet the minimum requirements of the Design Manual and that the water system is looped if feasible, be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
28. Fire Department Access: That no vegetation on the site shall impede access by fire apparatus or block the view of Fire Department connections.
Stipulations Related to Solid Waste Management
29. Solid Waste Management Plan: That a Solid Waste Management Plan shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
30. Dumpster Pads: That the angles on the dumpster pads shall be adjusted to line up with the drive aisles used to access the containers.
31. Heavy-Duty Pavement: That all drive aisles necessary to access the proposed refuse/recycling facilities shall be constructed of all-weather, heavy-duty pavement.
32. Specialty Paving: That a note shall be included on the plans indicating that the Town will not be responsible for any damage to the proposed “specialty paving” that may be caused by service vehicles.
33. Recycling: That the Town Manager shall approve all plans for cardboard recycling, glass/cans recycling, grease rendering and segregated food waste prior to issuance of a Zoning Compliance Permit.
Miscellaneous Stipulations
34. Stormwater Management Plan: That a Stormwater Management Plan shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. Based on a 25-year storm, the post-development stormwater run-off rate should not exceed the pre-development rate.
35. Storm Drainage Easement: That the 30-foot x 50-foot private storm drainage easement near the northeast corner of the site shall be identified on all plan sheets.
36. Stormwater Management and Erosion Control Measures: That the following facilities shall be provided on the site for purposes of stormwater management, and sedimentation and erosion control:
¨ Basins to attenuate stormwater flow from a 25-year storm;
¨ Bio-retention facilities to assist with removal of urban pollutants from stormwater run-off;
¨ Skimmer outlet devices, level spreaders and larger basins to improve the level of sedimentation and erosion control.
37. Transportation Management Plan: That prior to issuance of a Certificate of Occupancy, the Town Manager shall approve a Transportation Management Plan for the development. The required components of the Transportation Management Plan shall include:
¨ Provision for designation of a Transportation Coordinator;
¨ Provisions for an annual Transportation Survey and Annual Report to the Town Manager;
¨ Quantifiable traffic reduction goals and objectives;
¨ Ridesharing incentives; and
¨ Public transit incentives.
38. Building Elevations: That the Community Design Commission shall approve the building elevation and site lighting plans prior to issuance of a Zoning Compliance Permit.
39. Detailed Plans: That the final detailed site plan, grading plan, utility/lighting plans, stormwater management plan (with hydraulic calculations), and landscape plans shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit, and that such plans shall conform to the plans approved by this application and demonstrate compliance with all applicable conditions and standards of the Development Ordinance and Design Manual.
40. Erosion Control: That a soil erosion and sedimentation control plan, including provisions for maintenance of facilities and modifications of the plan if necessary, be approved by the Orange County Erosion Control Officer, and that a copy of the approval be provided to the Town Manager prior to issuance of a Zoning Compliance Permit.
41. Silt Control: That the applicant take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.
42. Construction Sign Required: That the applicant post a construction sign that lists the property owner’s representative, with a telephone number; the contractor’s representative, with a telephone number; and a telephone number for regulatory information at the time of issuance of a Zoning Compliance Permit.
43. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
44. Non-severability: That if any of the above conditions is held to be invalid, approval in its entirety shall be void.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the application for a Special Use Permit Modification for the Campus at VilCom Center office development.
This the 8th day of November, 1999.
Item 9. Consideration of Guidelines for Telecommunications Facilities
Mr. Waldon explained this item had come back to the Council after a discussion about telecommunications facilities and the extent to which those facilities could be considered accessory uses under the Development Ordinance. He recalled the staff had shown examples of facilities which all agreed would not fall within the definition of accessory uses. As a result, Mr. Waldon said, the staff had developed a set of guidelines for accessory uses. He explained that if the Council approved those guidelines the Planning Department would use them when making evaluations.
Jay Zaragoza asked the Council to postpone the issue, noting he had only recently received a copy of the proposed guidelines and had not had a chance to digest them. He said when he previously had sited antennas on rooftops the Town had asked him to show what they would look like. Mr. Zaragoza guessed the two shown in the agenda materials had not gone through this process because he thought if they had the staff would have objected. He asked for more time to work with the staff on developing modified guidelines.
Council Member Evans suggested putting this item on a later agenda. Mayor pro tem Capowski praised the suggestions and told Mr. Zaragoza he understood his objection but that this agenda item guaranteed the public process where the antennae have a substantial visual impact. Mr. Zaragoza argued for a negotiation process to regulate aesthetics rather than a list of guidelines, which he said seemed inconsistent. Mayor pro tem Capowski moved the Council direct the Manager to use the guidelines when he makes decisions about towers and antenna applications. Council Member Foy seconded. Mayor Waldorf asked if it was correct that people such as Mr. Zaragoza could always make suggestions to the staff. Mr. Horton replied it was, adding the staff would come back to the Council if there were significant issues.
MAYOR PRO TEM CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER FOY, THAT THE COUNCIL DIRECT THE MANAGER TO USE THE GUIDELINES. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Item 10. Consideration of Proposed Water and Sewer Management,
Planning and Boundary Agreement (R-7) (R-8)
Planner Chris Berndt reviewed the history of the project since 1994 when a task force of elected officials decided on a potential map showing water and sewer boundary areas for Orange County. In mid-1995, she said, all of the parties had commented and the task force was then charged with completing its work, which lead to a final report. Ms. Berndt said that this Agreement and the Joint Planning Agreement are proposed to be linked by an amendment to the Joint Planning Agreement, which would allow sewer in two specific cases in the rural buffer.
Noting that the Town of Hillsborough had written a letter stating that they were not willing to consider the Agreement, Ms. Berndt listed five potential options for the Council’s consideration: 1) continue to negotiate an agreement with all parties; 2) defer the item and have more discussion with the parties, especially with Hillsborough; 3) take no action, recognizing that one of the key parties does not intend to participate; 4) consider adopting the map which the parties agreed on in 1995; and, 5) seek an Assembly of Governments meeting at which time all of the parties might discuss the Agreement in more detail.
Ms. Berndt pointed out that adoption of Resolution A would adopt the Agreement and Resolution B would defer action until more discussion had taken place.
Mr. Horton added the report also included a memorandum from the Town Attorney date February 22, 1999, for the Council’s consideration.
Council Member McClintock, who had represented the Council on this issue, urged the Council to approve the Agreement. She said it would be better to have Hillsborough involved because Hillsborough is not part of the Joint Planning Agreement. She suggested Hillsborough might be receptive if Chapel Hill were to make a presentation. Council Member McClintock stated the emergency water agreements would stay in place and cautioned the Council not to become alarmed by the provision that if an emergency becomes more than a year old different rules would apply. She noted that compromises had been made by every party to the Agreement and added that Hillsborough had been represented. Council Member McClintock said this was a good and hard-won Agreement.
Mayor pro tem Capowski spoke about the difficulty of extending water lines from OWASA into Chatham County, which includes both Chapel Hill and Carrboro planning areas. He noted only one of those parties would vote on it even though both would be affected by the growth it would bring. Mayor pro tem Capowski also discussed the problem of fostering public facilities in the rural buffer without enabling high density growth.
Council Member McClintock reminded the Council that any government that wanted to get out of the Agreement could do so with a one-year notice.
Council Member Brown asked if this Agreement would take precedence over the Joint Planning Agreement. Mr. Karpinos replied the final draft on page 38 states “where inconsistencies exist this agreement shall control...” He added that on page six of tonight’s report from the Manager and the Attorney commented on the language and suggested it read: “It is the intent of the parties that this agreement shall control except as otherwise provided by law.”
Council Member Brown read from page three: “...this agreement take precedence over the Joint Planning Agreement where there are inconsistencies.” She expressed concern about the implications of that for extension of water and sewer into the rural buffer. Mr. Horton replied the Town Attorney had pointed out it would not change the law but would establish a set of circumstances in which the proposed Boundary Agreement would take precedence over the Joint Planning Agreement if they were in conflict.
Council Member McClintock remarked when the Joint Planning Agreement was approved in 1997 the Town Attorney believed it said there should be no water and sewer in the rural buffer. She explained that Orange County did not agree with that interpretation. Council Member McClintock suggested it might be good that the Boundary Agreement supersedes the Joint Planning Agreement because there had been ambiguity on that point. She cautioned a different Commission in the future might want to run water and sewer into the rural buffer.
Mr. Horton pointed out exceptions would be made only in two special circumstances: in the case of public health conditions; and, for essential public facilities.
Council Member McClintock noted Hillsborough already had extended water and sewer into the rural buffer for a school on Highway 86. Mr. Horton replied Hillsborough was not a party to the Joint Planning Agreement and was not regulated by it.
Council Member Brown said if Hillsborough is not a party to this Agreement then the Agreement could again break down. Mr. Horton replied this was why he agreed with Council Member McClintock that it would be worth the extra effort to include Hillsborough in the agreement.
Council Member Bateman asked why, in number six under emergency transfers, the group decided they needed unanimous consent. Mayor pro tem Capowski explained this would be after a year had passed and it no longer was an emergency. He pointed out everyone should agree to a non-emergency transfer of water.
Council Member Bateman left at 9:22 due to illness. Absence excused.
Council Member Brown asked the staff to explain more fully what the long-term interest area (the light blue on the map) meant in terms of extension of water and sewer. Ms. Berndt explained the long term interest area was where water and sewer lines are not presently contemplated to be by local government policies.
Council Member Brown asked if the light blue areas are only for the two situations previously described. Ms. Berndt replied it would also be for alternative systems, like community on-site systems.
Council Member Foy, noting in the draft Comprehensive Plan the Town is considering changing the urban services boundary to the south, asked what the interplay was between that possibility and OWASA’s primary service area on the map. Council Member McClintock replied it would follow land use plans. Mr. Horton concurred.
Council Member Foy asked about the enforceability of the provision on public water and public sewer lines, number D on page 34, which read: “...extended to provide service to an adverse public health condition or essential public facility to be used for other purposes or other parties except to remedy another adverse public health condition.” He wondered if the Attorney thought the Town really could control access. Mr. Karpinos replied part of what they did was to try to size the lines so there would not be the capacity for general public use. He said that was the intent of the Agreement, adding someone might try to challenge that and then the Town would have to defend its planning rationale and plan.
Council Member Evans asked what the areas of concern were that Hillsborough had expressed, adding Hillsborough would have a strong water supply and pointing out their area abuts the rural buffer. Council Member McClintock replied Hillsborough has agreed that they will not go into the rural buffer. Acknowledging they had not memorialized that, she said they might have to memorialize it in a different way. Council Member McClintock added it was the Town’s belief it would be far better for Hillsborough to be a party to the Boundary Agreement than to make a side agreement with OWASA.
Mayor Waldorf expressed reservations about acting on this item because not all of the questions could be answered. She made two suggestions for the Council to think about: 1) since everyone recognizes that the critical thing is to draw the line at Davis Road so Hillsborough will not extend water and sewer into areas that should be protected as rural or semi-rural, then why not request the OWASA Board enter into discussions with Hillsborough about establishing the line; and 2) and, she would like to have the OWASA Board’s comments on this Agreement.
Council Member Brown said the boundary of the rural buffer should be defined by contour lines rather than by Davis Road.
Mayor pro tem Capowski pointed out there had been hardly any controversy about the map, and suggested that the Council at least adopt the map.
Council Member Foy noted he was not clear on what Hillsborough was saying. He suggested getting more information about what the problem is and try to remedy it.
Council Member McClintock asked the Council to consider the County-wide Agreement and realize the boundary with the rural buffer is not a major portion of it. She implored the Council to make a direct appeal to the Hillsborough Board and to ask them to be a party to this Agreement. She suggested asking Mr. Karpinos and Jeff Gledhill, the County’s attorney, for the pros and cons of an agreement between Hillsborough and OWASA as opposed to Hillsborough being a party to the Boundary Agreement. Council Member McClintock also suggested this come back before she and Mayor pro tem Capowski retire from the Council.
Mayor Waldorf asked if adopting this Agreement would mean neighborhoods like Brookview, where people have had to leave their homes because of failing septic tanks, would get help. Noting the County had stopped OWASA from fixing the problem, she asked how this Agreement would improve situations such as that one. Council Member McClintock replied it would help define whose decision it would be as well as the first line of defense, which is the County Health Department, the agency charged by the State to deal with the public health emergency. She said once that was declared then there would be a decision tree that would follow. Council Member McClintock pointed out just delivering sewer is not always the best solution.
Mayor Waldorf asked who would decide under this Agreement which neighborhoods, such as Brookview, could get help.
Mayor pro tem Capowski pointed out the Agreement states that OWASA has the right of first refusal to be the party that provides the help.
Mayor Waldorf asked about linkages to other agreements, and expressed wariness of an agreement that might mean that the Town Council could not, through its partnership with OWASA, act in the best interest of the Town. She asked if one of the other three bodies would have veto power over what the Council thinks is best for its community.
Council Member Brown suggested referring this to the staff, using Resolution B, for answers to the questions raised. Mr. Horton said he was not sure which questions had not been adequately addressed other than the last one by Mayor Waldorf. Council Members reiterated their questions. Mayor Waldorf stressed the Town should be careful about entering into an agreement where one party can have veto power over things that affect the others. She said she wanted to know how extensive that veto power is.
Mayor Waldorf asked Mayor pro tem Capowski if he would add a request the staff get comments from the OWASA Board on the agreement. He agreed.
Council Member Foy asked if the Council might suggest that Mayor pro tem Capowski and Council Member McClintock talk with Hillsborough on the Council’s behalf. Mayor pro tem Capowski suggested that Mayor Waldorf talk with Hillsborough’s Mayor Johnson. She agreed.
MAYOR PRO TEM CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO ADOPT THE MAP ATTACHED TO THE AGREEMENT, TO REFER THIS DISCUSSION TO THE TOWN STAFF FOR HELP IN ANSWERING THE QUESTIONS REGARDING THE IMPLICATIONS OF HILLSBOROUGH HAVING A SIDE AGREEMENT WITH OWASA AND THE EXTENT TO WHICH ANY ELEMENTS WOULD CONSTITUTE A VETO POWER AS AMENDED TO INCLUDE COMMENTS FROM OWASA, AND TO HAVE MAYOR PRO TEM CAPOWSKI AND COUNCIL MEMBER MCCLINTOCK TALK WITH THE HILLSBOROUGH BOARD. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
Item 12. Consideration of Participation in Million Solar Roofs Initiative (R-11)
Mr. Horton explained that having Chapel Hill participate in the Initiative would mean agreeing to having 500 solar energy systems installed by 2010. He pointed out staff resources for this are limited, but recommended allocating about $6,000 from the Council’s Contingency Account to recruit either a retired person or a graduate student to work 10-15 hours a week on this project. Mr. Horton explained the Town would need to develop an action plan, a schedule, and a process for implementing and monitoring the program. He noted that Larry Shirley of the NC Solar Center was present to comment on other issues and programs throughout the State.
COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER FOY TO ADOPT R-11.
Council Member Evans recommended referring it to the County, but Council Member Brown argued that it was appropriate for the Town to go forward with it because Chapel Hill had been a leader in solar energy.
Mayor Waldorf asked if both could be done, and Council Member Brown pointed out that given the kinds of people who would need to be included, the County would be represented on the Steering Committee.
Mr. Horton stated that Fletcher Barber, a County Extension agent who is familiar with the program, had indicated an interest in it and could be a resource to the Town.
Council Member Evans asked if the County could provide the staff support, thus saving the $6,000. Mr. Horton replied he did not know whether or not Mr. Barber would be able to make that kind of commitment.
Council Member Brown reiterated her desire to go forward, with participation from the County, Carrboro and Hillsborough, and commented that $6,000 is not a large expenditure for the Town.
THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
A RESOLUTION REFERRING THE MILLION SOLAR ROOFS INITIATIVE REPORT (99-11-8/R-11)
WHEREAS, local governments actions taken to reduce greenhouse gas emissions and increase energy efficiency provide multiple local benefits by decreasing air pollution, creating jobs, reducing energy expenditures, and saving money for the government, its businesses and its citizens; and
WHEREAS, the N.C. Solar Center, sponsored by the Energy Division, N.C. Department of Commerce, has invited the Town of Chapel Hill to become a partner in the Million Solar Roofs Initiative;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council refers its discussion of this report to the Town Manager to prepare resolutions to authorize the Town of Chapel Hill's participation in the Million Solar Roofs Initiative, recommend a charge and process for making appointments to the Steering Committee, and to provide an ordinance to amend the budget to provide funds in the amount of $6,000 from the Council's Contingency Fund to retain the services of a part-time staff person to serve as the project coordinator and to work with the Steering Committee.
This the 8th day of November, 1999.
Mr. Horton expressed
gratitude to Mr. Shirley for the help he had provided to the staff. Council
Member Brown added Mr. Shirley was immediate Past Chair of the National
Solar Energy Association and had been called on throughout the country to work
on solar initiatives. She said Richard Hardraker also has worked on solar and
renewable energy in Central America. She expressed gratitude for having such
experts available to the Town.
Item 11. Consideration of Items Regarding Streetscape
11a. Update and resolution on Downtown Streetscape construction work (R-9).
Mr. Heflin outlined the request to authorize the Manager to prepare drawings for the next Streetscape improvement project. He recommended the project begin on East Franklin Street and stretch from the mid-block crosswalk to the Columbia Street intersection.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO ADOPT R-9. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
A RESOLUTION AUTHORIZING THE TOWN MANAGER TO TAKE CERTAIN ACTIONS REGARDING STREETLIGHTING IN THE DOWNTOWN (99-11-8/R-9)
WHEREAS, the Downtown Streetscape Master Plan has been adopted as part of the Town’s Comprehensive Plan, and
WHEREAS, lighting improvements are a fundamental component of the Town’s Downtown Streetscape Master Plan, and
WHEREAS, the pole and fixture selections originally approved by the Town’s Appearance and Historic District Commissions, and proposed in options #3 and #4 of the Manager’s November 8, 1999 report to the Council on this topic, are better suited to the Town’s Streetscape applications than Duke Power Company stock upgrades, and
WHEREAS, Town ownership of the recommended custom poles and fixtures will reduce initial costs and provide the most long term design and use flexibility;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to develop detailed specifications and pursue price quotes from private electrical contractors for installation and maintenance of new custom street and pedestrian lights on sections of the 100 block of East Franklin Street where Streetscape improvements, and the associated underground utility conduits, have been completed; develop detailed specifications and pursue price quotes from private electrical contractors for installation and maintenance of mast arm mounted signals at the mid-block crosswalk in the 100 block of East Franklin Street; discuss design standards and prepare an encroachment agreement with NCDOT for installation of the proposed mast arm signals; develop staffing, equipment and materials cost estimates required for Town maintenance of the proposed lighting and signal improvements for comparison with private contractor cost estimates, and provide the above information to the Council for their consideration during upcoming fiscal year 2000 – 2001 budget deliberations.
This the 8th day of November, 1999.
11b. Consideration of lighting options for Downtown Streetscape work. (R-10).
Mr. Heflin reported over the years the price of stereo lighting had risen from $975,000 in 1993 to its current estimated of about $1.7million. In response to the Council’s request for alternatives, he suggested four options: 1) use existing poles and standard Duke Power fixtures, which would provide less lighting than the other options; 2) use fixtures and poles which are in the Duke Power menu of options, for which there is a premium charge and an additional cost; 3) use custom poles as originally envisioned, owned and maintained by Duke Power at about $1.5-million total cost; and 4) Mr. Heflin said option four would use the same poles as option three, but the poles would be owned and maintained by the Town. The Town would pay an electricity charge and buy the hardware, which would cost about $900,000. Mr. Heflin noted this would not include the cost of maintenance. He suggested the Council ask the Manager for a cost estimate during budget deliberations at the end of the year.
COUNCIL MEMBER EVANS MOVED R-10.
Mayor pro tem Capowski asked if the real message from Duke Power was they were no longer interested in street lights but wanted only to sell bulk electricity. Mr. Horton replied, “Absolutely. They certainly do not want to maintain anything other than a very limited list of standard fixtures.” Mayor pro tem Capowski stated the Town should then do as much as possible on its own. Mr. Horton replied this appeared to be true, but cautioned that the staff did not yet know what the maintenance costs would be.
Council Member Foy asked if Chapel Hill had the option of having traffic signals on the side of the road rather than overhead at intersections such as Franklin and Columbia Streets. Mr. Heflin replied the North Carolina Department of Tranportation sets the standards and that he believed contemporary rules would require overhead street lights. Council Member Foy requested Mr. Heflin explore this. Mr. Horton suggested bringing a quick report back November 22, noting that if Council Member Foy wanted a more detailed report with information from the North Carolina Department of Transportation it could take a lot longer. Council Member Foy replied he did not want to delay Streetscape. Mr. Horton agreed to bring a quick report which would give the Council a sense of why the Town has what it has.
THE MOTION WAS SECONDED BY COUNCIL MEMBER PAVĂO. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
A RESOLUTION AUTHORIZING THE TOWN MANAGER TO COMPLETE THE NECESSARY PLANNING AND SCHEDULE CONSTRUCTION OF THE NEXT PHASE OF STREETSCAPE ON THE NORTH SIDE OF THE 100 BLOCK OF EAST FRANKLIN STREET FROM COLUMBIA STREET TO THE MID-BLOCK CROSSWALK (99-11-8/R-10)
WHEREAS, the Council has indicated that additional Streetscape improvements in the 100 block of East Franklin Street should be a high priority; and
WHEREAS, bond funds will be available to permit construction of a section of improvements in 2000;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to: develop detailed working drawings for Streetscape improvements to the north side of the 100 block of East Franklin Street from Columbia Street to the mid-block crosswalk; discuss construction plans with affected property owners and merchants; schedule construction to begin the week after University of North Carolina graduation in May of 2000; and return to the Council, once additional lighting cost information is available, to request their guidance on whether lighting improvements to this section of Streetscape should be included in the project.
This the 8th day of November, 1999.
Item 13. Consideration of Dissolving the Neighborhood
Revitalization Loan Fund (R-12) (O-6)
Mr. Horton said the staff believes the Neighborhood Revitalization Loan Fund is unnecessary and would like to eliminate it and transfer the balance to the Housing Loan Trust Fund.
COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO ADOPT R-12. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
A RESOLUTION DISSOLVING THE NEIGHBORHOOD REVITALIZATION LOAN FUND WITH THE HOUSING LOAN TRUST FUND (99-11-8/R-12)
WHEREAS, the Town has an ongoing interest in the development of homeownership opportunities for lower and moderate income households in Chapel Hill; and
WHEREAS, in 1973, the Council established the Housing Loan Trust Fund to assist with the creation of homeownership opportunities for lower income Chapel Hill residents; and
WHEREAS, on December 5, 1995, the Council created the Neighborhood Revitalization Loan Fund for use in acquiring and renovating homes for low-income homeownership in the Pine Knolls neighborhood;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the remaining funds in the Neighborhood Revitalization Loan Fund will be transferred to the Housing Loan Trust Fund.
BE IT FURTHER RESOLVED that the Council authorizes the Manager to undertake a program of second mortgage assistance for lower income households using the Housing Loan Trust Fund.
BE IT FURTHER RESOLVED that the terms of the second mortgage would be that the principal mortgage plus a share of the appreciation would be due and payable to the Town upon sale of the property.
This the 8th day of November, 1999.
COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO ADOPT O-6. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1999” (99-11-8/O-6)
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, 1999” as duly adopted on June 14, 1999 and the same is hereby amended as follows:
ARTICLE I
Current Revised
APPROPRIATIONS Budget Increase Decrease Budget
HOUSING LOAN 212,613 176,988 389,601
TRUST FUND
NEIGHBORHOOD
REVITALIZATION FUND 51,000 176,988 227,988
ARTICLE II
Current Revised
REVENUE Budget Increase Decrease Budget
HOUSING LOAN
TRUST FUND 212,613 176,988 389,601
NEIGBHOROOD
REVITALIZATION FUND
Fund Balance 51,000 176,988 227,988
This the 8th day of November, 1999.
Item 14. Appointments
14a. Bicycle and Pedestrian Advisory Board. The Council appointed Ellen Ruina.
|
Bicycle and Pedestrian Advisory Board |
Council Members |
|||||||||||
|
Waldorf |
Bateman |
Brown |
Capowski |
Evans |
Foy |
McClintock |
Pavăo |
Wiggins |
TOTAL |
|||
|
Applicants |
Lee Butler Bidgood |
X |
1 |
|||||||||
|
X |
X |
X |
X |
X |
X |
X |
X |
8 |
||||
14b. Human Services Advisory Board. The Council appointed Sarah Kogut.
|
Human Services Advisory Board |
Council Members |
|||||||||||
|
Waldorf |
Bateman |
Brown |
Capowski |
Evans |
Foy |
McClintock |
Pavăo |
Wiggins |
TOTAL |
|||
|
Applicants |
Sarah Kogut |
X |
X |
X |
X |
X |
X |
6 |
||||
|
X |
X |
X |
3 |
|||||||||
Item 15. Petitions
15a. By the Mayor and Council Members.
Council Member McClintock petitioned the Council to form an Environmental Affairs Board to advise the Council on matters affecting the natural environment. She noted that Carrboro and Orange County have such boards. Council Member McClintock suggested such a board would fill a useful role by recommending strategies and actions along the lines of those in the draft Comprehensive Plan. She said for example, it could evaluate the effectiveness of Chapel Hill’s environmental regulations for protecting natural resources, make recommendations for preserving open space in residential developments through the application of conservation development principles, improve tree preservation and plantings along entranceway corridors, review and improve tree planting provisions in Chapel Hill’s Development Ordinance, implement strategies to enhance local air quality, improve stormwater management practices, and implement an effective performance review process.
Council Member McClintock noted there may be some retired Council Members with an interest in serving and indicated that she was interested. Council Member Brown asked to receive budget implications when this item comes back to the Council.
COUNCIL MEMBER MCCLINTOCK MOVED, SECONDED BY COUNCIL MEMBER FOY, TO REFER THE PETITION TO THE MANAGER TO COME BACK ON NOVEMBER 22ND. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
Council Member Foy noted the County had approved extending water to Rogers Road. He praised this as an accomplishment by Chapel Hill, Carrboro and Orange County.
COUNCIL MEMBER PAVĂO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADJOURN. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
The meeting was adjourned at 10:10 p.m.