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.