MINUTES OF A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE TOWN OF CHAPEL HILL, MONDAY, FEBRUARY
25, 1991 AT 7:30 P.M.
Mayor Howes called the meeting to
order, noting that new microphones, sound mixers and amplifiers had recently
been installed in the Council Chamber.
Council Members in attendance were
Julie Andresen, Joyce Brown, Joe Herzenberg, Nancy Preston, Alan Rimer and
Arthur Werner. Council Members Wallace
and Wilkerson were absent excused. Also
in attendance were Assistant to the Mayor Lisa Price, Town Manager Cal Horton,
Assistant Town Managers Sonna Loewenthal and Florentine Miller, Planning
Director Roger Waldon and Town Attorney Ralph Karpinos.
Petitions
Roland Giduz presented an audio tape
concerning the proposed entertainment tax to the Council.
William Hutchins, representing the
Public Information Network, Inc., briefly discussed his organization's objective
of establishing a multiple telephone line computer system within Orange
County. Mr. Hutchins stated that
thirty-six potential sources of information for the system had been identified
to date. He formally requested funding
support of $11,000 from the Town to cover a portion of Fiscal Year 1991-92
operating costs. Mayor Howes noted that
the next budget would be difficult and tight.
He inquired when Mr. Hutchins' group was requesting from Carrboro and
Orange County. Mr. Hutchins said yes.
COUNCIL MEMBER PRESTON MOVED,
SECONDED BY COUNCIL MEMBER ANDRESEN, TO RECEIVE AND REFER THE PETITION TO THE
TOWN MANAGER. THE MOTION WAS ADOPTED
UNANIMOUSLY (7-0).
Minutes of January 28, February 4,
11, 12 and 14, 1991
Council Members Brown, Herzenberg and
Preston requested modifications of the minutes of January 28, 1991.
COUNCIL MEMBER PRESTON MOVED,
SECONDED BY COUNCIL MEMBER WERNER, TO ADOPT THE MINUTES OF JANUARY 28TH AS
REVISED. THE MOTION WAS ADOPTED
UNANIMOUSLY (7-0).
Council Member Preston noted one
incorrect initial in the minutes of February 4th.
COUNCIL MEMBER WERNER MOVED, SECONDED
BY COUNCIL MEMBER RIMER, TO ADOPT THE MINUTES OF FEBRUARY AS REVISED. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).
Council Member Preston requested one
correction on page 15 of the minutes of February 11th.
COUNCIL MEMBER HERZENBERG MOVED,
SECONDED BY COUNCIL MEMBER WERNER, TO ADOPT THE MINUTES OF FEBRUARY 11TH AS
REVISED.
Council Member Brown requested one
modification on page 5 of the munutes of February 12th.
COUNCIL MEMBER RIMER MOVED, SECONDED
BY COUNCIL MEMBER PRESTON, TO ADOPT THE MINUTES OF FEBRUARY 12TH AS
REVISED. THE MOTION WAS ADOPTED
UNANIMOUSLY (7-0).
COUNCIL MEMBER HERZENBERG MOVED,
SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADOPT THE MINUTES OF FEBRUARY 14TH AS
PRESENTED. THE MOTION WAS ADOPTED
UNANIMOUSLY (7-0).
January 28th--NP--P.2--fourth
paragraph from top--entrances to Northwoods neighborhood reset; p.6--1st
paragraph--Werner; Short recess called; p.15--"changing the";
JHz--p.5--3rd paragraph--counter petition--receive both petitions;
p.15--Brown--had ascale drawings of roadway.
February 4th--D.G. Martin
February 11th--p. 15
February 12th--P.5 Quality of all
departments; no tax inc. budg.
February 14th--JHz, JA (7-0).
Mixed-Use/Master Plan Regulations
Town Manager Horton said that three
major issues were before the Council for their consideration this evening: sign regulations, buffers and setbacks, and
provisions for inclusion of adjacent parcels.
Sign Regulations
Planning Director Roger Waldon said
that current sign regulations were inadequate relative to the size and scale of
mixed-use development zones. Mr. Waldon
said that fifteen square foot entranceway signs were too small for mixed-use
developments. He noted that a revised
limitation of forty square feet, with an eight foot height limitation, would be
a more practical one. Mr. Waldon said
that the staff was proposing a maximum of one ground sign per entrance to
mixed-use developments. He noted that
externally illuminated signs for movie theaters would be limited to a maximum
of eighty square feet.
Council Member Rimer expressed
appreciation to the Town staff for their proposals on sign regulations. He stated that proposed language in
Ordinance 1C would adequately address the signage needs of movie theaters.
Libby Veselind, representing the
Northwoods Neighborhood, expressed concern that the alternate sign proposal had
been specifically designed for the Chapel Hill North development. Ms. Veselind said she was impressed by the Planning
Board's finding that no special sign exceptions were necessary for movie
theater signage.
COUNCIL MEMBER WERNER MOVED, SECONDED
BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 1C.
Council Member Preston inquired
whether other area Planning Departments had been contacted concerning their
existing movie sign regulations in mixed-use developments. Mr. Waldon said yes, noting that the City of
Raleigh limits movie signs to a maximum of three movie titles. Council Member Preston asked whether
Ordinance 1C contained provisions for limiting the number of titles on
signs. Mr. Waldon said no, noting that
one sign per road frontage could contain a maximum of eighty, rather than
forty, square feet.
Council Member Andresen asked whether
signs as large as the one at the Varsity Theater on Franklin Street would be
permitted. Mr. Waldon said that the
Varsity Theater sign would probably be a little larger than those
permitted. Council Member Andresen said
that the staff had done a good job of paying attention to the wishes of the
Appearance Commission. She expressed
her concurrence with Ms. Veslelind's concern that some of the conditions
appeared to be geared toward Chapel Hill North. Council Member Brown expressed her concurrence with Council
Member Andresen's remarks and the Town Manager's recommendation.
THE MOTION, ORDINANCE 1C, WAS PLACED
ON THE FLOOR. THE MOTION FAILED TO PASS
BY A VOTE OF 4-3, WITH COUNCIL MEMBERS ANDRESEN, BROWN AND PRESTON VOTING NO.
COUNCIL MEMBER PRESTON MOVED,
SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADOPT RESOLUTION 1A.
Council Member Herzenberg noted that
there would be relatively through mixed-use development sites around the
Town. Mayor Howes expressed concurrence
that there would be relatively few mixed-use sites. Council Member Andresen said that the Appearance Commission had
given a lot of careful attention to this matter. She urged the Council to adopt the Commission's
recommendation. Council Member Rimer
stressed the need to put the proposed signs into their relative scale.
THE MOTION, ORDINANCE 1A, WAS PLACED
ON THE FLOOR. THE MOTION FAILED BY A
VOTE OF 3-4, WITH COUNCIL MEMBERS ANDRESEN, BROWN AND PRESTON VOTING NO.
Setbacks and Buffers
Mr. Waldon said that the staff
recommendation had been revised to address good suggestions brought up at the
public hearing on this matter. Mr.
Waldon said a fifty foot buffer was proposed, including service roads in the buffer.
Council Member Andresen inquired about
current ordinance regulations. Mr.
Waldon said thirty foot buffers and one hundred foot setbacks were
required. Council Member Werner
inquired about the advisability of specifying the width of service roads. Mr. Waldon said that service roads were normally
less than ten feet wide, while two way roads were at least twenty feet
wide. Council Member Andresen inquired
whether the proposed ordinance would permit the location of service roads
within the fifty foot buffer. Mr.
Waldon said this was correct. Council
Member Andresen said this approach appeared to encouraging poor project
design. Mr. Waldon said that the
revised regulations would require more buffering than current regulations. Council Member Andresen said that a fifty
foot buffer was not very large.
COUNCIL MEMBER WERNER MOVED, SECONDED
BY COUNCIL MEMBER HERZENBERG, TO ADOPT ORDINANCE 2A, DELETING THE PROVISION
CONCERNING THE SERVICE ROAD ON THE SECOND PAGE OF THE ORDINANCE.
Council Member Andresen said she
preferred a seventy-five foot buffering requirement.
THE MOTION WAS PLACED ON THE FLOOR
AND ADOPTED UNANIMOUSLY (7-0).
Mr. Waldon briefly reviewed the
proposed amendment concerning parcel tie-ons for small parcels of land adjacent
to master planned areas.
Dave Rudolf said he had expressed
interest in participating in the Chapel Hill North Master Plan as an adjacent
property owner. He stated that current
mixed-use/master plan regulations contain disincentives for the inclusion of
smaller adjacent properties.
Mr. Rudolf said there was a need to
provide an incentive to including adjoining property owners in master
plans. Mr. Rudolf stated that a five
acre minimum was a preferable threshold to the proposed ten acres.
Mr. Rudolf requested clarification of
Section 4.3.5 (a). Mr. Waldon explained
that this stipulation was intended to avoid situations in which a large portion
of a tract was on sidse of the street, while the other had a small amount of
land.
COUNCIL MEMBER HERZENBERG MOVED,
SECONDED BY COUNCIL MEMBER WERNER, TO ADOPT ORDINANCE 3.
Council Member Andresen inquired
whether a substitute motion was in order.
Mayor Howes said this could occur following consideration of the main
motion.
Council Member Werner said there were
a number of arguments in favor of the proposed ordinance. He noted that an extraordinary amount of
time had been spent on developing the proposal. Council Member Werner said he endoresed Ordinance 3 as presented.
Council Member Andresen said she
would not vote for the proposed change, noting that smaller parcels could not
realistically integrated into larger ones.
She added that such consolidations could possibly cause problems for
larger property parcels.
THE MOTION WAS PLACED ON THE FLOOR
AND PASSED ON FIRST READING BY A VOTE OF 5-2, WITH COUNCIL MEMBERS ANDRESEN AND
BROWN VOTING NO.
Rural Buffer
Planning Director Roger Waldon
briefly reviewed the process chronology involving the rural buffer to
date. He also explained proposed minor
language changes and a grandfathering provision to permit the creation of a
limited number of one-acre lots. Mr.
Waldon said that a total of three minor proposed changes were recommended for
adoption.
Mr. Waldon also reviewed five options
of the Rural Character Study Committee, including the status quo option A, and
option B, providing procedural incentives for five acre lots rather than two
acre minimum lots. Mr. Waldon stated
that Option B was both a creative and interesting approach. He noted that both options A and B were
recommended. Mr. Waldon said that
Option C introduced the concept of clustering, wherein major parcels of open
space would be created. He stated that
this was an interesting option, but created some concerns such as the adequacy
of groundwater supplies. Mr. Waldon
noted that options D and E proposed lot sizes inadequate to accommodate septic
tank systems.
COUNCIL MEMBER PRESTON MOVED,
SECONDED BY COUNCIL MEMBER WERNER, TO ADOPT RESOLUTION 2.
Council Member Andresen expressed
concern about approving fifty acre subdivisions in the rural buffer without
benefit of a public hearing. She
emphasized the need for a joint County-Town vision in the rural buffer. Council Member Andresen stated that the
standard of two acres per house in the rural buffer was gradually being chipped
away. She noted that it did not make
sense to go ahead with the proposed plan of action on the floor. Council Member Brown expressed concern that
transportation matters were not addressed in the rural buffer proposals. She noted that possible air quality problems
were a significant concern, as was the need to preserve the rural buffer. Council Member Brown emphasized the importance
of examining tax incentives and disincentives and the transfer of development
rights in the rural buffer. Council
Member Brown added that groundwater considerations could also present
significant planning challenges.
Mayor Howes stated that the rural
buffer concept was dichotimous to urban sprawl. He noted that the joint planning agreement clearly defined the
urban services area. Mayor Howes added
that neither option a or b would breach the urban service boundary.
Council Member Werner said that one
of the rural buffer's principal objectives was to attempt to minimize development
in more pristine areas of the County.
Council Member Brown suggested the use of tax incentives and
disincentives and the transfer of development rights to influence development
patterns. Mayor Howes noted that the
transfer of development rights tended to be more plausible in larger areas.
Council Member Andresen proposed
amending the proposed resolution to include a provision for entering into
further discussions with other governmental units. Council Member Andresen noted the inportance of identifying
compromises as early as possible in the decision-making process. Council Member Preston said that Resolution
2 (1B) went a long way in realizing the desire of many parties to the joint
planning agreement. She noted that the
Rural Character Study Task Force had worked long and hard to meet with
residents of the rural buffer, and had developed compromises on the permitted
development of land.
Mayor Howes noted that the proposed
resolution would permit the creation of an intergovernmental working group. Council Member Andresen stated that a lot of
paperwork was involved in the proposed changes. She added that many issues remained on the table for further
discussion. Council Member Werner noted
that any changes to the joint planning agreement required approval by the
Council. He said that proposed
Resolutions A and B were reasonable and mainly addressed minor points. Council Member Andresen urged the Council
not to amend the joint planning agreement.
THE MOTION WAS PLACED ON THE FLOOR
AND ADOPTED BY A VOTE OF 5-2, WITH COUNCIL MEMBERS ANDRESEN AND BROWN VOTING
NO.
Street Fair Locations
Parks and Recreation Director Mike
Loveman noted that Festifall was tentatively scheduled for October 6th, with a
rain date of October 13th. Mr. Loveman
briefly reviewed a number of operational concerns relative to Festifall which
had been outlined in a February 26, 1990 staff report to the Council. He stated that event participants and area
residents had generally responded positively to Festifall and its new location
on West Franklin Street. He noted that
West Franklin Street offered the advantages of diversity in scenery and
significant tree shading. Mr. Loveman
said the staff recommended continuing Apple Chill on East Franklin Street.
COUNCIL MEMBER HERZENBERG MOVED,
SECONDED BY COUNCIL MEMBER PRESTON, TO ADOPT RESOLUTION 2. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).
Mr. Loveman noted that the nineteenth
annual Apple Chill festival would take place on April 21st on East Franklin
Street. Mr. Loveman stated that no
major changes concerning the area or hours were planned. Council Member Herzenberg noted that the
Planetarium had recently worked with a private business concern to accommodate
planning of an event. He inquired about
the viability of exploring new Apple Chill alternatives with Planetarium
staff. Mr. Loveman said the staff could
explore this matter in further detail.
COUNCIL MEMBER HERZENBERG MOVED,
SECONDED BY COUNCIL MEMBER WERNER, TO ADOPT ORDINANCE 4. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).
COUNCIL MEMBER PRESTON MOVED,
SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 3. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).
Sharing of Public Sites and
Facilities
Mayor Howes stated that the resolution
before the Council endorsed
the concept of shared sites and
facilities, with discussions on the matter to occur in the future. Mayor Howes said that the resolution would
have the effect of formalizing current procedures.
COUNCIL MEMBER PRESTON MOVED,
SECONDED BY COUNCIL MEMBER WERNER, TO ADOPT RESOLUTION 4.
Council Member Andresen inquired
whether the school district had any implicit expectation that the Town would
build additional facilities for sharing in the near future. Mayor Howes said no, noting that
the school district was in the process of developing its proposed building
program. Mayor Howes stated that both the Town and School District were
attempting to expand the usage of their building funds.
THE MOTION WAS PLACED ON THE FLOOR
AND ADOPTED UNANIMOUSLY (7-0).
Appointments to Task Force on
Reducing Violent Crime
and Illegal Drug Use
COUNCIL MEMBER
PRESTON MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO APPOINT ALL THREE
CITIZENS AT-LARGE ( , ,
) BY ACCLAMATION.
Chapel Hill
Classic/Bike Criterium
Police Captain Gregg
Jarvies briefly reviewed proposed arrangements for the events, noting that
portions of streets would be closed between 11 a.m. and 7 p.m. on April 6th and
7th. Captain Jarvies noted that major areas
of concern had been discussed with the Downtown Commission. He added that no roadways would be
completely blocked off. He noted that
adoption of applicable resolutions and ordinances were recommended to the
Council.
Council Member
Andresen inquired whether signs about the event would be posted on the
University campus on the days of the events.
Captain Jarvies said yes.
Council Member Andresen suggested posting signs in advance to provide
adequate notice of the planned events and their possible impact. Captain Jarvies said that this type of
procedure would be followed.
Council Member
Preston noted that the minister of a local church was concerned about
parishioner access to the church's late morning and afternoon services. Bruce Holsten, Executive Director of the
Downtown Commission stated that signposting and notices would provide clear
information to those traveling in and near the event area.
COUNCIL MEMBER
HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADOPT RESOLUTION
5. THE MOTION WAS ADOPTED UNANIMOUSLY
(7-0).
COUNCIL MEMBER WERNER
MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT ORDINANCE 5. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).
COUNCIL MEMBER BROWN
MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 6. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).
Council Member
Preston inquired whether it would be possible to receive reimbursement for
overtime for cleanup by Public Works staff.
Mr. Horton said that it might be possible to negotiate this matter. He added that some additional charges might
make the difference between whether or not an event would be held.
COUNCIL MEMBER WERNER
MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO ADOPT ORDINANCE 6. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).
COUNCIL MEMBER ANDRESEN
MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT ORDINANCE 7. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).
Tandler Settlement
Town Manager Horton
said that a settlement of $36,000 was proposed with Capricorn-Isler Management
for three hundred and two days of additional services. Mr. Horton said that the contract called for
an equitable adjustment for services rendered.
COUNCIL MEMBER
PRESTON MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO ADOPT RESOLUTION 7. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).
Consent Agenda
COUNCIL MEMBER WERNER
MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO ADOPT THE CONSENT AGENDA AS
PRESENTED. THE MOTION WAS ADOPTED
UNANIMOUSLY (7-0).
Executive Session
COUNCIL MEMBER
PRESTON MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO MOVE INTO EXECUTIVE
SESSION. THE MOTION WAS ADOPTED
UNANIMOUSLY (7-0).
The regular meeting
adjourned at 9:30 p.m.
No report followed
the Executive Session.