MINUTES OF A MEETING OF THE MAYOR AND COUNCIL
OF THE TOWN OF
CHAPEL HILL, TUESDAY, MAY 26, 1992 AT
7:30 P.M
Mayor Broun called
the meeting to order. Council members
in attendance were Julie Andresen, Joyce Brown, Joe Capowski, Mark Chilton, Joe
Herzenberg, Alan Rimer, Arthur Werner and Roosevelt Wilkerson, Jr. Also in attendance were Assistant to the
Mayor Lisa Price, Town Manager Cal
Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller,
Engineering Director George Small, Planning Director Roger Waldon and Town
Attorney Ralph Karpinos (arrived at 8:28 p.m.).
Item 3 Petitions
Howard Watson, a
representative of the Pine Knolls neighborhood, expressed concern about parking
and the sale of drugs in his neighborhood.
He noted that most people purchasing drugs in the area were not
neighborhood residents. Mr. Watson
presented a petition requesting that parking on neighborhood streets be limited
to area residents and their guests. He
said the restrictions would be helpful in ridding the neighborhood of drug
problems. Mr. Watson said neighborhood
residents would work with Town staff to develop flexible parking hours which
would work in the neighborhood. He also
expressed concern that a number of persons in governmental and business
vehicles had been observed purchasing drugs in the neighborhood.
COUNCIL MEMBER
HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO RECEIVE AND REFER THE
PETITION TO THE MANAGER, WITH A REPORT TO BE MADE AT THE JUNE 8TH MEETING.
Council Member Rimer
suggested that area residents record license plate numbers of vehicles
participating in drug activity.
THE MOTION WAS
ADOPTED UNANIMOUSLY (9-0).
Noting that several
persons wished to speak on the trapping and relocation of beaver, Council
Member Herzenberg suggested that item 12d be removed from the consent agenda.
Council Member Brown
noted that she had posed a number of questions concerning landfill siting and
drilling. She requested a report on the
action of other local governments on landfill siting and drilling. Council Member Rimer said he would raise
these matters at the Landfill Owners
Group's May 27th meeting.
Council Member
Chilton noted that he had been contacted by a constituent who had parked his
vehicle in a Town parking lot overnight, choosing to walk home instead of
driving under the influence of alcohol.
Mr. Chilton said the gentleman had received a $25 ticket for leaving his
car in the lot overnight. He expressed
concern that the policy appeared to encourage inappropriate behavior. Mr. Horton said a follow-up report would be
provided on the matter. Mayor Broun
inquired when item 12d should be discussed.
Council Member Herzenberg suggested that the item be discussed when the
consent agenda was being considered.
Item 4
Board and Commission Nominations and Appointments
COUNCIL MEMBER
ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO NOMINATE ALL APPLICANTS
TO THE APPEARANCE COMMISSION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
COUNCIL MEMBER WERNER
MOVED, SECONDED BY COUNCIL MEMBER WILKERSON, TO NOMINATE ALL APPLICANTS TO THE
GREENWAYS COMMISSION. THE MOTION WAS
ADOPTED UNANIMOUSLY (9-0).
COUNCIL MEMBER
WILKERSON MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO NOMINATE ALL
APPLICANTS TO THE HISTORIC DISTRICT COMMISSION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Council Member
Andresen requested additional information on the occupations of current Board
of Adjustment members. She noted the
desirability of having balanced boards and commissions. Mayor Broun suggested that appointments to
the Board of Adjustment be postponed until June 8th.
GARY BARNES, HAL
COOPER, LEWIS ORDE AND NANCY WILLIAMS WERE APPOINTED TO THE PARKS AND
RECREATION COMMISSION. VOTING TALLIES
ARE INDICATED BELOW.
Parks and
Recreation Commission
Name Votes
Gary Barnes 9
(Andresen, Broun, Brown, Capowski, Chilton, Herzenberg, Rimer, Werner,
Wilkerson)
Nancy Williams 8
(Andresen, Broun, Brown, Capowski, Chilton, Rimer, Werner, Wilkerson)
Hal Cooper 7
(Broun, Brown, Capowski, Chilton, Rimer, Werner, Wilkerson)
Lewis Orde 6
(Brown, Capowski, Chilton, Herzenberg, Rimer, Wilkerson)
George Entenman 4 (Andresen, Broun, Herzenberg, Werner)
Dianne LeMasters 1 (Andresen)
STEPHEN MANTON WAS
APPOINTED AND LAURA THOMAS REAPPOINTED, TO THE TRANSPORTATION BOARD.
Name Votes
Stephen Manton 9
(Andresen, Broun, Brown, Capowski, Chilton, Herzenberg, Rimer, Werner,
Wilkerson)
Laura Thomas 8
(Broun, Brown, Capowski, Chilton, Herzenberg, Rimer, Werner, Wilkerson)
Miriam Lewis 1 (Andresen)
Original voting
ballots are on file in the Town Clerk's Office.
Item 5 Proposed NC 86 Roadway Improvements
Engineering Director
George Small briefly reviewed the process used to solicit input from citizens
concerning the proposed roadway improvements on NC 86. He stated that Town staff and advisory
boards and commissions had examined a number of roadway alternatives, including
a variable median. Mr. Small said a
number of questions and concerns about items such as landscaping, bike lanes,
medians and impacts on other roads were raised at public information meetings
concerning proposed roadway improvements.
Mr. Small added that
estimated costs had been calculated for bikeways, landscaping, right-of-way
acquisition and other items. He also
noted that possible funding mechanisms for the project were also being explored
since the Town currently did not have any funds specifically earmarked for the
project. Mr. Small said the Manager
recommended adoption of Resolution A.
Council Member Werner
inquired about the term "displacements" in Table One. Mr. Small said these were homes or mobile
homes which would have to be relocated as a result of the proposed wider
median. Council Member Werner asked
whether it was correct that the level of service on NC 86 would be D or F by
the year 2010, regardless of which alternative was chosen by the Council. Mr. Small said projections indicated that
this would be the situation. He noted that the provision of a park and ride lot
in this area might mitigate some traffic congestion in the area. Mr. Small stated that other alternatives could
be examined periodically as traffic conditions worsened on NC 86. Council Member Werner noted that the
increase in traffic along NC 86 might be even greater if the Council's goal of
moving Horace Williams Airport were realized. Council Member Chilton said this
was somewhat reliant on the provision of remote parking in this area of the
Town. Council Member Werner emphasized
the importance of thinking about future development at the Horace Williams
site.
Council Member
Andresen inquired why no median was being recommended opposite from the Northwood
neighborhood. She said the median would
screen noise to some extent. Mr. Small
stated that the proximity of the Weaver Dairy Road made it impossible to
accommodate the median along with turning and storage lanes. He noted that the Northwood neighborhood was
opposed having an entrance to Chapel Hill North directly across from the
neighborhood. Council Member Andresen
asked whether the Town or State Department of Transportation would entertain a
meandering sidewalk in the area.
Mr. Small said there
was some flexibility in this regard. He
added that it was sometimes difficult to light meandering sidewalks. Council Member Brown inquired about the
viability of a noise barrier in the Northwood area. Mr. Small said a vegetative barrier was possible, while a
monolithic noise wall would be very expensive.
Council Member Brown inquired about the width of existing lanes on NC
86. Mr. Small said this was a little
narrower than other roadways. Council
Member Brown inquired about the impact of roadway alignments on individual
neighborhoods. Mr. Small said the
alternatives attempted to minimize the impact on specific trees and
corridors. Council Member Brown asked
whether additional information could be provided on this matter. Mr. Small said yes.
Council Member
Capowski inquired whether median landscaping costs referenced in the staff
report included maintenance and installation.
Mr. Small said the figures were for installation only. He stated that the estimated cost of
maintenance was $12,000 to $15,000 per year per mile. Mr. Small noted that this cost would likely be less on a
five-lane section. He also stated that
more natural landscaping might reduce this cost further. Council Member Capowski inquired whether the
staff had information on whether motorists on NC 86 were traveling into or
through the Town. Mr. Small said
no. Council Member Capowski inquired
about funding availability for bikeways and sidewalks. Mr. Horton said there was more opportunity
for these funds than in the past due to federal government efforts and passage
of ISTEA (Intermodal Surface Transportation Efficiency Act) legislation. He added that construction of a median and
curb and gutter could possibly be included in the project. Mr. Horton said funding for project amenities
would be quite difficult.
Katherine Emerson,
130 Lake Ellen Drive, said a twenty-four foot grassy median would provide
additional safety along the proposed roadway.
She noted that most residents of her neighborhood had to make left turns
from Dixie or Stateside Drive onto NC 86.
Ms. Emerson said these were difficult and risky maneuvers. She also noted that the area had experienced
accidents or near misses in the area.
Ms. Emerson said the inclusion of a grassy median would allow for a
storage lane. She also urged the
Council not to include a bus lane in the four traffic lanes.
Eloise Neeby said a
number of neighborhood residents had had bad experiences along NC 86. She stated that a traffic light with an
arrow was needed for entry into the North Forest Hills neighborhood. Ms. Neeby said although safety and erosion
were both important concerns, safety should take precedence.
Ray Troutner said he
had resided in the Lake Ellen area for eight years. Mr. Troutner stated that a variety of development had taken place
in his neighborhood during this time.
He urged the Council to widen NC 86 to provide safer conditions and
well-being to neighborhood residents.
Tim Ream, a resident
of the Northwood neighborhood, urged the Council to include the Whitfield Road
area in the proposed roadway improvement project. He also stated the importance of providing a park and ride lot
along north NC 86 in the future. Noting
that the developers of Chapel Hill North had agreed to donate one hundred feet
of right-of-way, Mr. Ream said the proposed roadway improvement should not be
symmetrical to the Northwood neighborhood.
He also expressed concern that no bus turn-outs were included in the
proposed plans.
Joel Harper,
President of the Chapel Hill-Carrboro Chamber of Commerce, said piecemeal
development yielded disjointed impacts.
He said the Council had foreseen this situation and adopted a master
landscape development plan. Mr. Harper
encouraged the Council to favorably consider the Manager's recommendation.
Wayne Pein expressed
his opposition to the proposed five-lane roadway. He said a three-lane roadway improvement was preferable. Mr. Pein said adding a center turn lane, bus
pull-offs and bikeway would save money.
He stated that road widening and coordinated traffic signals encouraged
single-occupant vehicles. Mr. Pein said
that ISTEA regulations might provide local governments with a greater voice in
roadway projects. He expressed concern
that Department of Transportation projects traditionally considered only the
needs of motorists. Mr. Pein urged the
Council to reject the five-lane roadway proposal.
Council Member
Herzenberg inquired why the proposed improvements did not extend to Interstate
40. Mr. Small said the project limits
extended to the entry and exit ramps of Interstate 40. He added that the State Department of
Transportation was examining traffic conditions at Whitfield Road
separately. Council Member Herzenberg
requested additional information concerning the project's symmetry relative to
the Chapel Hill North development. Mr.
Small said the present plan was for right-of-way to be taken primarily or
totally from the Chapel Hill North side of the roadway in this area. Council Member Rimer inquired why it would
be necessary to purchase right-of-way since it had been dedicated as a
special-use permit condition. Mr.
Horton noted that the developer had the option of not pursuing the special use
permit.
Council Member Rimer
suggested that the NC 86 project have medians similar to Fordham Boulevard. Noting it was unfortunate that the
Department of Transportation would not fund a three-lane roadway or other
innovative alternative, Council Member Rimer said he was very much in favor of
the proposed median. Council Member
Brown inquired whether the Department of Transportation could not or would not
support the concept of a three-lane roadway.
Mr. Small noted that federal highway funding guidelines did not permit
underdesigning or underbuilding of roadway projects. Mr. Small said he believed that the State Department of
Transportation had a similar philosophy.
Council Member
Andresen suggested that the Council support improvements at NC 86 and Whitfield
Road. Council Member Andresen said she
had problems with a proposal for three lanes, since turning movements could be
dangerous. Council Member Andresen said
she favored Resolution 1a since it included bicycle lanes, a median and did not
rule out meandering sidewalks. She
suggested that the staff examine the possibility of a median opposite to the
Northwood neighborhood. Council Member
Andresen also expressed hope that a signal light could be installed at NC 86
and Eubanks Road in the near future.
She requested that staff provide a pedestrian plan for the area in its
follow-up report to the Council.
COUNCIL MEMBER
HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION
1A.
Council Member Brown
inquired what the Town would be obligated to do in the event that no funding
was available for a median. Mr. Horton
said the staff would report back to the Council on the roadway funding situation
in September. Council Member Brown said
something needed to be done about NC 86 traffic. Council Member Brown said she hated to widen the roadway, since
such a widening might actually welcome additional traffic. She said that roadway widening appeared to
be the best current alternative.
Council Member
Wilkerson said he would vote in favor of Resolution 1a. He expressed concern about the upkeep of the
proposed median. Council Member
Wilkerson said median upkeep might be as expensive as the upkeep of the Fordham
Boulevard median.
Council Member
Capowski said although he favored Resolution 1a, he was concerned that State
funding would likely only be available for the roadway rather than bikeways,
sidewalks and other facilities. Council Member Capowski asked whether it was
correct that no commitment was being made in the event that the Town was unable
to procure funds for additional items.
Mr. Horton said this was correct.
He noted that significant improvements to NC 86 were needed.
Council Member Werner
emphasized the importance of including bike lanes and a median. He said that constructing a basic five-lane
roadway would be a mistake. Council
Member Werner inquired about the status of a park and ride lot close to
Interstate 40 at NC 86. Mr. Horton
stated that the Town had had an option to build a park and ride lot in relation
to Chapel Hill North at one point. He
said there were no identified options or funding for such a facility at
present.
Thanking Mr. Pein for
his remarks, Council Member Chilton said a three-lane roadway option was not
possible from the standpoint of funding.
Council Member Chilton said it was unfortunate that funding was not
available for a three-lane roadway.
Council Member Brown requested a review of Resolution 1a's
components. Mr. Horton stated that
there was nothing in the proposed resolution committing the Council to a
five-lane roadway. He said the
resolution basically stated that there was a problem with the NC 86 roadway.
Council Member Rimer
asked whether the Town was precluded from future negotiations concerning a park
and ride lot on NC 86 north. Mr. Horton
said no. Council Member Rimer said it
would be desirable to provide fiscal impact statements for future projects of
this type. Mayor Broun said he had no
confidence that the State would fund bikeway and pedestrian facilities. Mayor Broun added that the ISTEA legislation
would hopefully provide funding for these types of facilities. Mr. Horton noted that the Town had not yet
accepted Fordham Boulevard for maintenance.
Council Member Wilkerson noted that these estimated costs did not
include staff.
RESOLUTION 1A WAS
PLACED ON THE FLOOR AND ADOPTED UNANIMOUSLY
(9-0).
A RESOLUTION
ENDORSING A CONCEPTUAL DESIGN OF N.C. 86 BETWEEN HOMESTEAD ROAD AND US
INTERSTATE 40 AS A FOUR LANE ROADWAY INCLUDING A RAISED, LANDSCAPED,
TWENTY-FOUR FOOT WIDE CENTER MEDIAN, STRIPED BIKE LANES ON BOTH SIDES OF THE
ROADWAY AND 5-FOOT WIDE SIDEWALKS ALONG THE ENTIRE LENGTH OF THE PROJECT
(92-5-26/R-1a)
WHEREAS, representatives of the Town, the North
Carolina Department of Transportation (NCDOT), and citizens have met and
discussed the project needs, scope, costs, and impacts; and
WHEREAS, all input
has been evaluated in conjunction with preliminary design studies in reaching a
decision concerning the recommended design; and
WHEREAS, the proposed
design meets the most community-wide needs with the least negative impact of
the alternatives studied;
NOW, THEREFORE, BE IT
RESOLVED by the Council of the Town of Chapel Hill that the Council recognizes
that acceptable traffic safety and mobility standards cannot be met on NC 86
without significant improvements, such as construction of a 5-lane roadway as
exists south of Homestead Road.
BE IT FURTHER
RESOLVED that the Council wishes to do more than the minimum improvement of
this important entranceway to our community and directs the Town Manager to
investigate sources of funds which could supplement existing State funding and
allow enhancements to be included in the project.
BE IT FURTHER
RESOLVED that the Council requests the NCDOT to design a four-lane roadway with
a twenty-four foot wide raised center median.
BE IT FURTHER
RESOLVED that the Council desires that the median be preserved as a landscaped
and grassed area for a four-lane divided roadway and that this median not be
reserved by NCDOT for future use as additional traffic lanes.
BE IT FURTHER
RESOLVED that the Council requests that final design include plans and
specifications for landscaping in the median and within the project clearing
limits to provide a buffer between the project and adjoining properties and to
provide enhancements in accordance with the Town's Master Landscape Plan for
Entranceway Corridors.
BE IT FURTHER
RESOLVED that the Council requests that final design include extra pavement
width to accommodate striped and designated on-street bike lanes at the outer
edge of both the northbound and southbound lanes.
BE IT FURTHER
RESOLVED that the Council requests that final design include sidewalks along
both sides of the improved roadway and transit stops as necessary to
accommodate pedestrians and the Town's public transit system.
BE IT FURTHER
RESOLVED that the Council requests that the NCDOT include the Town in the
review process as the final plans are developed.
BE IT FURTHER
RESOLVED that the Council directs the Manager to report back no later than
September, 1992 with the results of his investigation and recommendations for
proceeding with the improvements of NC 86 between Homestead Road and I-40.
This the 26th day of
May, 1992.
Item 6 UNC Hospital Administration Building SUP
Mayor Broun noted
that persons testifying in the matter had been previously sworn or sworn
earlier in the evening.
Planning Director
Roger Waldon noted that the Council had held a public hearing on the
application on April 20th. He said
issues raised at the hearing were addressed in the staff's follow-up memorandum
to the Council. Mr. Waldon noted that
the applicant had responded to concerns about bird kills by agreeing to use
less reflective glass. He also noted
that a detailed stormwater management plan would be included as part of the
final plan presentation. Mr. Waldon
stated that Resolutions a and b were identical excepting a condition concerning
the provision of a bus shelter. He
noted that the Transportation Board recommended denial of the project.
Council Member
Andresen inquired about long-range construction plans for the area. Mr. Waldon said there was very little land
suitable for development north of the Friday Center. Council Member Andresen inquired who enforced stormwater runoff
regulations. Mr. Waldon said this was
handled by the State. Council Member
Andresen asked whether it was possible to strengthen the proposed language
related to the inspection of stormwater facilities. Mr. Waldon said staff could investigate this matter. Council Member Rimer inquired about erosion
and sedimentation measures enforced by Orange County. Mr. Waldon said that State regulations applied to State
construction projects. Council Member
Rimer expressed concern about the State's record in inspecting projects of this
type. Council Member Rimer said he
encouraged the hospital to accept the County's inspection as a delegated authority. Council Member Werner inquired about the
difference between State and County regulations. Council Member Rimer noted that the County's standards were more
stringent. Council Member Werner said
he hoped that the applicant would be willing to accept County inspections.
Council Member
Chilton inquired about the difference between low and high-pressure sodium
lights. Mr. Waldon briefly reviewed the
differences, noting that high-pressure lights were recommended. Council Member
Brown inquired whether the "White Line Road" was still included in
the University's long-range plans. Mr.
Waldon said the University's official roadway plan had originally included a
road crossing Morgan Creek. He noted
that this roadway had been deleted in future plans. Council Member Brown noted that major roadways and extensions
were located in the vicinity of the proposed building. Mr. Waldon presented a brief overview of
area roadways. Council Member Brown
emphasized the importance of taking into account the area's long-range roadway
plan.
Mary Beck, project
architect, said most concerns raised at the April 20th hearing were addressed
in a May 8th letter to the Mayor and Council.
Ms. Beck said the applicant concurred with comments in the Manager's memorandum. She briefly reviewed transportation-related
issues including park and ride lot access and the provision of a bus
shelter. Ms. Beck also noted that a
silt fence would be maintained during construction to handle stormwater
runoff. She expressed the applicant's
willingness to review Orange County's standards for erosion and sedimentation
controls. Ms. Beck said it was not
possible to provide absolute safeguards concerning bird kills cause by birds
flying into the proposed facility. She
noted that efforts had been made to reduce the reflectivity of building
glass. Council Member Rimer said the
revised proposal represented a significant decrease in reflectivity. He commended the applicant for its efforts
to balance between energy efficiency and bird life.
Council Member
Andresen inquired whether the applicant was willing to add more specific
conditions concerning window reflectivity.
Ms. Beck said yes, noting that revised specifications had already been
provided to the building designer.
Council Member Andresen asked whether the applicant objected to
additional language concerning erosion control measures. Ms. Beck suggested that the proposed
language be made applicable to the Hospital, rather than the University. Mr. Horton suggested adding the words
"the applicant agrees to cooperate with the Manager on inspections
relative to a soil control plan" in condition number fifteen.
Council Member
Capowski inquired how many employees worked in the hospital administration
building at night. Ms. Beck said eight
or fewer. Expressing concern about
possible impacts on nearby residents, Council Member Capowski asked whether
lights would remain on in the parking lot all night. Ms. Beck said the lights could be turned off after all parties
had left the building. Council Member
Capowski inquired about the annual cost of a parking permit. Ms. Beck said $108. Council Member Capowski inquired whether the
purchase of parking permits was required.
Ms. Beck said no. Council Member
Capowski expressed concern that employees not park in the adjoining park and
ride lot free of charge. Ms. Beck said
the Council's and Hospital's goals were identical on this point.
COUNCIL MEMBER
HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADJOURN THE PUBLIC
HEARING. THE MOTION WAS ADOPTED
UNANIMOUSLY (9-0).
COUNCIL MEMBER
WILKERSON MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT RESOLUTION 2A, AS
AMENDED.
Expressing concerning
about development in a very sensitive area, Council Member Brown said she still
found validity in resolution 2c.
THE MOTION WAS PLACED
ON THE FLOOR AND ADOPTED BY A VOTE OF 8-1, WITH COUNCIL MEMBER BROWN VOTING NO.
A RESOLUTION
APPROVING AN APPLICATION FOR SPECIAL USE PERMIT FOR THE UNC HOSPITALS
ADMINISTRATIVE OFFICE BUILDING (SUP-p/o 66-12) (92-5-26/R-2a)
BE IT RESOLVED by the
Council of the Town of Chapel Hill that it finds that the UNC Hospitals
Administrative Office Building, proposed by UNC Hospitals on property
identified as Chapel Hill Township Tax Map 66, part of Lot 12, if developed according
to the site plan dated September 25, 1991 (revised February 19, 1992), and the
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 the
applicable specific standards contained in Section 18.7, 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, or be a public necessity; 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.
These findings are
conditioned on the following:
Stipulations Specific to the
Development
1. That
construction begin by May 26, 1994 and be completed by May 26, 1995.
2. Required
Improvements:
A. That the street now known as Laurel Hill
Parkway be extended from the park-ride lot to the driveway entrance for the
proposed office building. The street
shall be constructed to a two-lane 37.5-foot minimum cross-section with 28-feet
of asphalt, an 18-inch curb and gutter, 3-foot planting strip and 5-foot
sidewalk on one side.
B. That the driveway have a 90-degree
orientation to the extension of the street.
C. That sidewalk be provided along the driveway
from the street to the office building parking lot.
D. That the drop-off loop turning radius and the
front drive aisles be designed and constructed to accommodate Chapel Hill
Transit buses.
E. That the driveway, drive aisles, and parking
spaces be constructed to Town standards.
F. That bike racks be installed near the
building entrance.
G. That direct pedestrian access be provided
between the adjacent park-ride facility and the new office building.
H. That a bus shelter be provided at the
building entrance, or that the lobby of the building be designed to accommodate
waiting passengers.
Stipulations Related to State and Federal
Government Approvals
3. State
or Federal approvals: That any
required State or Federal permits (such as erosion and sedimentation control
permits) or encroachment agreements be approved, and copies of the approved
permits and agreements be submitted to the Town of Chapel Hill prior to the
issuance of a Zoning Compliance Permit.
4. NCDOT
approval: That plans for
improvements to state-maintained roads be approved by NCDOT, if necessary,
prior to issuance of a Zoning Compliance Permit.
Stipulations Related to Landscape
Elements
5. Landscape
Protection Plan: That a Landscape Protection
Plan shall be approved by the Town Manager prior to issuance of a Zoning
Compliance Permit.
6. Landscape
Plan Approval: That a detailed
landscape plan and landscape maintenance plan be approved by the Appearance
Commission prior to the issuance of a Zoning Compliance Permit.
Stipulation Related to Building
Elevations
7. Building
Elevation Approval for Special Use Permit application: That detailed building elevations be
approved by the Appearance Commission prior to issuance of the Zoning Compliance
Permit.
8. Building
Design: That care be taken with the
design of the building in an effort to mitigate hazards to birds and that
windows be used in the building that a
reflectivity factor
of 0.21 or more.
Stipulations Related to Water, Sewer, and
Other Utilities
9. Fire
Flow: Assurance of adequate fire
protection shall be demonstrated in one of the following ways:
A.A
fire flow report, prepared by a registered professional engineer, and showing
that flows meet the minimum requirements of the Design Manual, must be reviewed
and approved by the Town Manager prior to issuance of a Zoning Compliance
Permit; or
B.The
proof of adherence to the following standards is provided to the Town Manager:
1) Fire flows with minimum flow rate of 2250
gallons per minute at a minimum pressure of 20 pounds per square inch residual
pressure (proof shall be in the form of a flow test at the new hydrants on the
site);
2) Complete sprinklering of the building;
3) Installation of a water line connecting the
Tennis Facility to the office building; and
4) Agreement that any future development on the
surrounding UNC property shall first have its water supply for fire protection
upgraded and approved by the Town of Chapel Hill to meet Town Design Manual
guidelines.
In
addition, detailed construction plans for the building must be submitted to the
Town Manager for approval prior to issuance of a Zoning Compliance Permit.
10. Utility/Lighting
Plan Approval: That the final
utility/lighting plan be approved by Orange Water and Sewer Authority, and the
Town Manager, before issuance of Zoning Compliance Permit. The property owner shall be responsible for
assuring that these utilities are extended to serve the development.
The
lighting plan shall also be reviewed for approval by the Appearance Commission.
Miscellaneous Stipulations
11. Solid
Waste Management Plan: That a
detailed solid waste management plan, including a recycling plan and plan for
management of construction debris, be approved by the Town Manager prior to the
issuance of a Zoning Compliance Permit.
12. Refuse
Collection Responsibility: That
refuse collection service will be provided by UNC Hospitals.
13. Transportation
Management Plan: That a revised
Transportation Management Plan be reviewed and approved by the Town Manager
prior to issuance of a Zoning Compliance Permit. The Management Plan shall include:
a.Provision
for designation of a Transportation Coordinator;
b.Provisions
for an annual Transportation Survey and Annual report to the Town Manager;
c.Quantifiable
traffic reduction goals and objectives;
d.Ridesharing
incentives; and
e.Public
transit incentives.
14. Detailed
Plans: That final detailed site
plan, grading plan, utility/lighting plans, stormwater management plan (with
hydrologic calculations), landscape plan and landscape maintenance plan be
approved by the Town Manager before issuance of a Zoning Compliance Permit, and
that such plans conform to the plans approved by this application and
demonstrate compliance with all applicable conditions and the design standards
of the Development Ordinance and the Design Manual.
15. Erosion
Control: That a soil erosion and
sedimentation control plan be approved by the State Department of Environmental
Health and Natural Resources - the Division of Environmental Management before
issuance of a Zoning Compliance Permit.
The applicant agrees to cooperate with
the Manager in arranging regular
inspections during the course
of construction, to ensure compliance with
the soil erosion and sedimentation
control plan.
16. Work
Zone Traffic Control Plan: That a
work zone traffic control plan be approved by the Town Manager prior to
issuance of a Zoning Compliance Permit.
17. Silt
Control: That the applicant take
appropriate measures to prevent and remove the deposit of wet or dry silt on
adjacent paved roadways.
18. Continued
Validity: That continued validity
and effectiveness of this approval is expressly conditioned on the continued
compliance with the plans and conditions listed above.
19. Non-severability: If any of the above conditions is held to be
invalid, approval in its entirety shall be void.
BE IT FURTHER
RESOLVED that the Town Council hereby approves the application for Special Use
Permit for the UNC Hospitals Administrative Office Building in accordance with
the plans and conditions listed above.
This the 26th day of
May, 1992.
Item 7 Orange County Impact Fee System
Mr. Horton noted that
Mayor Broun had drafted a letter to the Orange County Board of Commissioners
concerning proposed impact fees, noting that the fee might have a negative
impact on housing affordability. Mr.
Horton said the letter also emphasized the need for input by local governments
on the proposed system. He stated that
the proposed resolution requested the development of alternatives to the
current proposal.
Council Member
Capowski asked why the proposed fee was tied to the number of bedrooms, rather
than the selling price, of a home. Mr.
Horton said using the selling price would be moving into the realm of a tax,
rather than a fee. Council Member
Andresen expressed concern that the proposed resolution was not strong
enough. She suggested that the Orange
County Board of Commissioners not adopt the impact fee until local governments
had adequate discussions on the proposal.
Council Member Werner said he had been told by the Chairperson of the Orange
County School Board that the County had modified its proposal to include input
by local governments. Mr. Horton said
he understood this was correct. Council
Member Wilkerson suggested tabling the matter and bringing it back for
consideration on June 8th. Council
Member Werner said it was important to send a formal message on the
proposal. Council Member Andresen
suggested that the Council express its opposition until adequate discussion of
the proposal with the County could take place.
Council Member
Chilton expressed hope that the County Commissioners would slow down its
decision-making process on impact fees.
Council Member Werner suggested that Orange County examine alternatives
to an impact fee. Mayor Broun suggested
that the Council considered revising language in the proposed resolution.
Council Member Chilton suggested that the resolution only include the first
proposed item. Mayor Broun suggested
that the Council state it was opposed to an impact fee, as outlined in his May
4th letter to the Orange County Board of Commissioners. Council Member Herzenberg said very few
people appeared to favor the proposed impact fee.
COUNCIL MEMBER
HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER WILKERSON, TO ADOPT RESOLUTION 3,
AS AMENDED.
Council Member Werner
said he favored outlining reasons for the Council's opposition. Council Member Wilkerson noted that the
reasons were outlined in the Mayor's May 4th letter. Council Member Andresen said she wanted the Council to part of
the solution on this matter. She
emphasized the need for intergovernmental consultation on matters of this type.
THE MOTION WAS PLACED
ON THE FLOOR AND ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION
REGARDING PROPOSED ORANGE COUNTY IMPACT FEE SYSTEM (92-5-26/R-3)
WHEREAS, Orange
County officials have proposed initiating a system of impact fees to help pay
for new school construction; and
WHEREAS, the Chapel
Hill Town Council has concerns and questions about the proposal, as expressed
in the attached May 4, 1992 letter from Mayor Kenneth Broun to Chairman Moses
Carey;
NOW, THEREFORE, BE IT
RESOLVED by the Council of the Town of Chapel Hill that for the reasons set
forth in the Mayor's letter of May 4, the Council opposes adoption of an impact
fee system by Orange County.
This the 26th day of
May, 1992.
Item 8 Clark Road Rezoning
Mr. Waldon noted that
a public hearing had been held on this proposal on March 16th. He briefly reviewed the proposal, noting
that a valid protest petition had been received, necessitating seven
affirmative votes for the rezoning to occur.
Mr. Waldon said the property was currently zoned R-4. He said the Manager's preliminary
recommendation was R-2, while the Manager's revised recommendation was for R-3
zoning. Mr. Waldon said R-3 zoning was
the closest match to the Town's Comprehensive Plan. He said all three zoning options (R-2, R-3
and R-4) were reasonable. Mr. Waldon
said there were a number of clear arguments for rezoning. He stated that the adoption of Ordinance 1b
was recommended.
Council Member
Andresen inquired whether up to seven units per acre would be permitted under
the terms of the proposed rezoning to R-3.
Mr. Waldon said although this was possible, excellent site design would
be necessary. Council Member Andresen
asked whether the staff had the discretion to say that a particular design
could not be accommodated on the site's topography. Mr. Waldon said this was ultimately determined by the Council. Council Member Brown inquired about the
impact of the proposed rezoning on the Northside Conservation District. Mr. Waldon noted that a suggestion had been
made at the March hearing that the Northside Conservation District be
extended. He stated that extra care
would have to be taken in the design and approval of any project on the
site. Council Member Capowski inquired
what could be done without a special use permit. Mr. Waldon said with the current R-4 zoning, it would be possible
to develop a seven unit multi-family development, a church, a group home or
small rooming house. Mr. Waldon added
that development of a subdivision was also possible.
Noting that the
proposed zoning appeared appropriate, Mayor Broun inquired about the possible
scope of a development with R-3 zoning.
Mr. Waldon said it was possible to develop up to eighty units on
fourteen acres with R-3 zoning. He added that this type of development would
not meet floor to area ratio requirements.
Council Member Werner noted that most development limitations were due
to non-buildable areas, steep slopes and floor-to-area ratios, rather than
zoning designations. Council Member
Andresen said she agreed with the Mayor's point that proposed zoning for the
property was appropriate.
COUNCIL MEMBER
HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO ADOPT ORDINANCE 1B.
Mayor Broun said it
was important to be as realistic as possible in regard to zoning and
development. Council Member Capowski
said he liked Ordinance b best, since it fit into medium density, supported by
the Town's Comprehensive Plan.
THE MOTION WAS PLACED
ON THE FLOOR AND ADOPTED BY A VOTE OF 8-1, WITH COUNCIL MEMBER CHILTON VOTING
NO.
AN ORDINANCE AMENDING
THE CHAPEL HILL ZONING ATLAS (92-5-26/O-1b)
WHEREAS, the Council
of the Town of Chapel Hill has considered the proposal to amend the Zoning
Atlas to rezone property described below from Residential-4 to Residential-3,
and finds that the amendment achieves the purposes of the Comprehensive Plan;
and
WHEREAS, the Council
finds that potential density range of 1-7 residential units per acre under the
Residential-3 zoning district would be suitable for the property proposed for
rezoning;
NOW, THEREFORE, BE IT
ORDAINED by the Council of the Town of Chapel Hill that the Chapel Hill Zoning
Atlas be amended as follows:
SECTION
I
That the property
identified as Chapel Hill Township Tax Map 83, Block A, Lot 1A, and Tax Map 30,
Lot 8C, located on the north side of Clark Road, west of Airport Road, plus
one-half the adjoining right-of-way of Clark Road, be rezoned from
Residential-4 to Residential-2 zoning.
The portions of the lots which are currently in the Resource
Conservation District (RCD) zoning district would remain in the RCD
overlay. The entire property is shown
on the attached copies of portions of Chapel Hill Township Tax Maps 30 and 83,
and on a survey titled "Property of Chapel Hill Electric Company".
SECTION II
That all ordinances
and portions of ordinances in conflict herewith are hereby repealed.
This the 26th day of
May, 1992.
Item 9
Horace Williams Airport Operations Relocation
Mr. Horton said he
had participated with Carrboro Town Manager Bob Morgan, Orange County Manager
John Link and University of North Carolina Vice Chancellor Ben Tuchi to
identify a process for possible relocation of operations from Horace Williams
Airport. Mr. Horton also noted that
Judith Wegner and David Godschalk had recommended a negotiated process
coordinated by the Institute for Environmental Negotiation. He said the institute's role was to work
with parties in the preliminary development of solutions. Mr. Horton said resolution 4.1 authorized
the Manager to proceed with the negotiation process.
Council Member Werner
said there was a long history associated with the desirability of moving the
airport facility from its present location.
He noted that the University realized that the airport was not
beneficial to the Town or University at its current location. Citing the difficulty of identifying a landfill
site, Council Member Werner said the County was not anxious about also
identifying alternate airport sites.
Council Member Werner said the proposed plan of action was a good one. He emphasized that although the process
would be painstakingly slow, it would be a mistake to move ahead too quickly.
COUNCIL MEMBER WERNER
MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 4.1.
Council Member
Andresen thanked Mr. Horton for his leadership and setting out a process on
this matter. Council Member Andresen
said she liked the idea of a negotiation process. Noting that the process would not be easy, she expressed hope
that some areas of agreement would arise.
Council Member Brown said she supported the concept of people getting
together to talk. Stating that people
could come together locally, Council Member Brown expressed concern about using
a consultant. Council Member Brown said
she appreciated the proposed process.
Council Member
Capowski said the process might work with the University's backing. Council Member Capowski requested that the
south or southwestern portion of Town be considered for an alternate airport
site. He suggested that a
representative from Chatham County be included in the negotiation process. Mayor Broun noted that a letter on this
matter had been forwarded to Chatham County.
Council Member Capowski thanked Mr. Horton for an excellent report. Mayor Broun noted that Council Members
Andresen and Capowski had agreed to serve on the committee. Council Member Andresen said it was
important to emphasize that the discussions were preliminary in nature. Mr. Horton said the process would consider
solutions not involving construction of a new airport, such as relocation of
operations to Raleigh-Durham International Airport. He noted that inviting Chatham County to participate in the
process would be premature since it presupposed that a new airport facility would
be constructed.
THE MOTION TO ADOPT
RESOLUTION 4.1 WAS PLACED ON THE FLOOR AND ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION
SUPPORTING A PROPOSED PROCESS FOR CONSIDERATION OF RELOCATING HORACE WILLIAMS
AIRPORT OPERATIONS (92-5-26/R-4.1)
BE IT RESOLVED by the
Council of the Town of Chapel Hill that:
1. The
Council hereby supports and authorizes participation by Town representatives in
the proposed environmental negotiation process including various interested
parties and assistance of the University of Virginia's Institute for
Environmental Negotiation as described in a report by the Managers' Committee
dated May, 1992, a copy of which shall be retained with the records of this
meeting. The Council's authorization herewith is contingent upon similar action
by the Town of Carrboro and Orange County governing boards and by the
University and UNC Hospitals.
2. The
Council hereby authorizes the Manager to discuss with other parties the sharing
of costs for retaining the Institute to assist with a preliminary dialogue
process as described in the report noted above; with the Town's potential share
of such cost to be up to $3,750 for the preliminary dialogue phase.
3. The
Council hereby appoints Council Member Julie Andresen and Council Member Joe
Capowski to represent the Council in the preliminary dialogue phase of
discussions.
This the 26th day of
May, 1992.
Item 10
Report on Human Services Performance Agreements
Dr. Vincent Kopp,
Chairperson of the Human Services Advisory Board, said a total of nineteen agency
proposals had been reviewed. Dr. Kopp
stated that a county-wide review process had been a useful timesaver. He also noted that joint hearings had been
held with the Town of Carrboro Human Services Advisory Board. Dr. Kopp said the board had attempted to
give special emphasis to needs identified by the Task Force on Reducing Violent
Crime and Illegal Drug Abuse. Dr. Kopp
said the board preferred to think of its role as purchasing human services,
rather than being an annual contributor to area human service agencies.
Council Member
Andresen requested additional information on funding of the Meals on Wheels
program. Dr. Kopp stated that there had
been a decrease in costs and demand for Meals on Wheels services. He said both Meals on Wheels and the Human
Services Advisory Board were comfortable with the decision to not provide
funding for fiscal year 1992-93. Noting
the innovativeness of some human services programs, Council Member Andresen
stated that four public housing residents were currently attending computer training
classes offered by the Rural Opportunities Corporation. She commended the board for its very
thoughtful approach in considering funding requests. Dr. Kopp said the board's revised agency review process to
identify areas of recurring need was working quite well. Council Member Werner
thanked Dr. Kopp and the Human Services Advisory Board for their well
thought-out recommendations. Noting
that his tenure on the board was coming to an end, Dr. Kopp thanked the Council
for their support and encouragement over the past three years. Council Member Andresen also thanked Dr.
Kopp and the Board for their work.
Mayor Broun noted that the Council would like to do more for all the
agencies. He added that the revised
review process appeared to be working well.
Dr. Kopp commended Human Services Coordinator Julia Mack for preparing a
fine report.
Item 11 OWASA Water and Sewer Policy Statements
Council Member
Andresen said she urged the Council to adopt resolution 5. She noted that the Mayor's Committee could
pass on recommendations to the Town's OWASA Board representatives. She suggested that other governments might
wish to embrace similar policy statements.
COUNCIL MEMBER WERNER
MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT RESOLUTION 5.
Council Member Werner
thanked the Mayor's Committee for developing a very good, true synthesis of
items discussed over a number of years.
RESOLUTION 5 WAS
PLACED ON THE FLOOR AND ADOPTED UNANIMOUSLY
(9-0).
A RESOLUTION ADOPTING
WATER AND SEWER POLICY STATEMENTS AS GUIDANCE TO THE CHAPEL HILL APPOINTEES ON
THE BOARD OF DIRECTORS OF THE ORANGE WATER AND SEWER AUTHORITY (92-5-26/R-5)
WHEREAS, the Town
Council of Chapel Hill is one of three elected boards which appoint members of
the Orange Water and Sewer Authority Board of Directors; and
WHEREAS, the Council
desires to give policy guidance to the Chapel Hill appointees on the OWASA
Board with information intended to clarify the Council's perspective and basic
objectives regarding water and sewer matters; and
WHEREAS, the Council
also desires to set forth its water and sewer policy objectives as a basis for
future discussions with the elected boards of the Town of Carrboro and Orange
County and the OWASA Board of Directors;
NOW, THEREFORE, BE IT
RESOLVED by the Town Council of Chapel Hill that the Council hereby adopts the
attached memoranda from the Mayor's Committee on OWASA matters dated May 26,
1992 and incorporating revisions based on the Mayor and Council's discussion in
a work session on May 14, 1992.
This the 26th day of
May, 1992.
Item 12 Consent Agenda
Mayor Broun noted
that item 12d had been removed from the consent agenda.
Mr. Horton said the
proposed resolution before the Council would recommend the live trapping and
relocation of beavers. Mr. Horton said
he was not sure that the resolution would have the intended result of the
petitioner. Mr. Horton said he did not
think that legislation on this matter would be introduced in the short
session. Council Member Andresen
inquired about the possibility of a legislative act. Mr. Horton said it was doubtful that this would come to pass in
the short session. Mayor Broun noted
that a legislative act would be needed to overturn current policy.
Dr. Edgar Parsons
said he had built his home on the shore of Eastwood Lake in 1960. Dr. Parsons stated that the commercial
market for beavers disappeared during the 1970's. He added that beavers had initially appeared at Eastwood Lake in
1980 and had been trapped up until 1988.
Dr. Parsons said beavers and residents had coexisted without trapping
for the past four years. He stated that
this experience had been disastrous.
Dr. Parsons said a 1989 recommendation by the Animal Protection Society
to provide tubal ligations for beavers had been rejected by the State Wildlife
Resources Commission. He noted that
beavers were not considered an
endangered species. Dr. Parsons also
noted that the Wildlife Resources Commission opposed the live trapping of
beavers. He stated that devices used
for live trapping of beavers were dangerous to children and small animals. Dr. Parsons also stated that area residents
had recently voted, by a margin of approximately ten to one, to eradicate
beavers in the area. Dr. Parsons said
he recommended very strongly that the Council vote against the live trapping of
beavers.
Anne Wall said she
concurred with Dr. Parsons' remarks.
Ms. Wall said live trapping was hazardous to children. She said kill trapping of beavers was
preferable.
Robin Cutson said the
resolution before the Council simply provided an alternative to trapping to
kill beavers. She noted that the
resolution would not prevent individual property owners from using traps to
kill beavers. Ms. Cutson stated that
live trapping was a viable alternative being used in other states. She added that one landowner had requested
six pair of beaver. Ms. Cutson
emphasized the importance of beaver as a resource management tool, critical to
the quality of the watershed system.
Noting that there was not a beaver overpopulation problem in the area,
Ms. Cutson said live trapping of beaver was the first step in developing a
wildlife plan.
Mayor Broun inquired
about Ms. Cutson's response to Dr. Parsons concerns about the possible danger
of traps to children and animals. Ms.
Cutson said caster-scent lures could be used to trap beavers in ten to fifteen
minutes. She added that any type of
trap left unattended for a long period of time could be dangerous. Ms. Cutson said live trapping of beavers was
occurring in other states. Council Member Andresen asked whether it was correct
that passage of the resolution did not carry power the action of private
property owners. Town Attorney Karpinos
said this was correct. Council Member
Andresen inquired whether there was any potential liability for the Town. Mr. Karpinos said he did not think so.
Council Member Andresen said although she favored the cohabitation with beaver,
it clearly had not worked too well.
Council Member Andresen said she favored holding a hearing on the
matter. Council Member Werner said the
Council had received a lot of contradictory information on the matter. Council Member Werner said he had no
objection to not killing beaver. Mayor
Broun suggested that the Council preserve as many options as possible.
COUNCIL MEMBER WERNER
MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT RESOLUTION 9.
Council Member
Chilton said it was important to note that the Council was not endorsing the
live trapping of beavers. He stated
that the proposed resolution opened the door for alternatives. Noting that the
resolution would be used for those with a specific point of view, Council
Member Andresen said she had trouble supporting the resolution. Council Member Chilton said he understood
this concern. He added that the
resolution was not an endorsement of live trapping. In the event that the Council adopted the resolution, Council Member
Rimer inquired whether it could be used in court to block other forms of trapping. Mr. Karpinos said he did not see the
resolution as having legal standing for injunctive relief.
Council Member Rimer
said the proposed resolution appeared to be a good alternative. Mr. Karpinos noted that the resolution had
no effect on State regulations.
Council Member Capowski suggested adding the words "and safe"
to the proposed resolution. Council
Member Rimer said the resolution provided another option. He noted that the option did not have to be
used. Council Member Rimer said he did
not want to impede area residents in their actions. Council Member Andresen inquired whether the Council needed to
make it apparent that the Council was not telling private property owners how
to proceed. Mayor Broun said this was
not necessary.
RESOLUTION 9 WAS
PLACED ON THE FLOOR AND ADOPTED UNANIMOUSLY
(9-0).
A RESOLUTION
REGARDING LIVE TRAPPING AND RELOCATION OF BEAVERS (92-5-26/R-9)
WHEREAS, the North
Carolina Wildlife Commission has not allowed live trapping and relocation of
beavers; and
WHEREAS, the Council
has received a request regarding this matter on behalf of citizens who favor
live and safe trapping and relocation of beavers;
NOW, THEREFORE, BE IT
RESOLVED by the Council of the Town of Chapel Hill that the Council hereby
affirms that it has no objection to live and safe trapping of beavers in a
humane manner, and the relocation of beavers.
This the 26th day of
May, 1992.
Council Member
Herzenberg requested the removal of item g.
THE BALANCE OF THE
CONSENT AGENDA WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION
APPROVING AN ORDINANCE AND VARIOUS RESOLUTIONS (92-5-26/R-6)
BE IT RESOLVED by the
Council of the Town of Chapel Hill that the Council hereby adopts the
resolutions and ordinance as submitted by the Town Manager in regard to the
following:
a.Minutes
of April 27 and May 4, 1992.
b.Audit
contract. Mayor Broun. (R-7).
c.Public
housing management certification program (R-8).
d.Live
trapping and relocation of beavers (R-9).
e.Calling
public hearing on steep slopes Development Ordinance Text Amendment (R-10).
f.Calling
public hearing on zoning of Oaks III subdivision, Phase 5a (R-11).
g.CATV
franchise agreement (O-2).
h.Composition
of Design Review Board (R-12).
This the 26th day of
May, 1992.
A RESOLUTION
AUTHORIZING THE MAYOR TO SIGN ANNUAL AUDIT CONTRACT FOR FISCAL YEAR 1991-92
(92-5-26/R-7)
BE IT RESOLVED by the
Council of the Town of Chapel Hill that the Council hereby authorizes the Mayor
to sign a contract with the CPA firm of Deloitte & Touche in the amount of
$31,500 for conducting the annual audit for fiscal year 1991-92.
BE IT FURTHER
RESOLVED that the Council hereby expresses its informal commitment to retain
the CPA firm of Deloitte & Touche to conduct the annual audit for fiscal years
1993 and 1994, contingent upon Deloitte & Touche's satisfactory performance
of the audit on a year by year basis, and contingent upon the Council's
authorization of a written contract for each of these years.
This the 26th day of
May, 1992.
A RESOLUTION
APPROVING A PUBLIC HOUSING MANAGEMENT ASSESSMENT PROGRAM (PHMAP) CERTIFICATION
(92-5-26/R-8)
WHEREAS, the U.S.
Department of Housing and Urban Development requires the submission of a Public
Housing Management Assessment Program (PHMAP) Certification; and
WHEREAS, the
Department of Housing and Urban Development requires that the Council of the
Town of Chapel Hill approve a Certification for fiscal year ending June 30,
1991;
NOW, THEREFORE, BE IT
RESOLVED by the Council of the Town of Chapel Hill that the Council approves
the attached Public Housing Management Assessment Program (PHMAP)
Certification.
This the 26th day of
May, 1992.
RECORDING OFFICER'S CERTIFICATION
I, Peter Richardson, the duly appointed,
qualified, and acting Secretary of the Town of Chapel Hill do hereby certify
that the above Resolution No._____ was properly adopted at a regular or special
meeting properly held on May 26, 1992.
In testimony whereof, I have hereunto set my
hand and the seal of the Town of Chapel Hill, this 26th day of May, 1992.
(SEAL)
_________________________________
(Signature)
A RESOLUTION
SCHEDULING A PUBLIC HEARING TO CONSIDER A DEVELOPMENT ORDINANCE TEXT AMENDMENT
REGARDING REGULATIONS FOR DEVELOPMENT ON STEEP SLOPES (92-5-26/R-10)
WHEREAS, a request
has been made by a Council Member to consider a change to the Development
Ordinance pertaining to steep slopes; and
WHEREAS, the Planning
Board requested postponement of the previously scheduled March 16, 1992 Public
Hearing to allow further study;
NOW, THEREFORE, BE IT
RESOLVED by the Council of the Town of Chapel Hill that the Council calls a
Public Hearing to be held on Monday, September 21, 1992 to discuss possible
changes to the Chapel Hill Development Ordinance with respect to development on
steep slopes.
This the 26th day of
May, 1992.
A RESOLUTION CALLING
A PUBLIC HEARING ON ZONING PHASE B5a OF THE OAKS III SUBDIVISION (92-5-26/R-11)
WHEREAS, the Town of
Chapel Hill accepts annexation petitions and seeks to approve them as areas
urbanize; and
WHEREAS, Phase B5a of
the Oaks III subdivision has been submitted to the Town by petition for
annexation; and
WHEREAS, the Town of
Chapel Hill currently has no zoning in the petitioned annexation area;
NOW, THEREFORE BE IT
RESOLVED, by the Council of the Town of Chapel Hill that the Council calls a
Public Hearing to be held on Monday, June 15, 1992 at 7:30 p.m. in the Council
Chambers of the Chapel Hill Town Hall for the purpose of zoning the petitioned
annexation area including Phase B5a of the Oaks III subdivision and the
associated Ephesus Church Road right-of-way, as Residential-1A or an
appropriate related zoning category.
This is the 26th day
of May, 1992.
A RESOLUTION CALLING
A PUBLIC HEARING ON AMENDING THE DEVELOPMENT ORDINANCE REGARDING COMPOSITION OF
THE DESIGN REVIEW BOARD (92-5-26/R-12)
WHEREAS, the Council
intends to achieve better design in development applications, and streamline
the development review process; and
WHEREAS, the Council
intends to amend the composition of the Design Review Board to help carry out
this objective;
NOW, THEREFORE, BE IT
RESOLVED that the Council of the Town of Chapel Hill calls a Public Hearing for
7:30 p.m. on Monday, September 14, 1992 to consider amendments to Article
25.7.5 of the Chapel Hill Development Ordinance to modify the composition of
the Design Review Board.
This the 26th day of
May, 1992.
Council Member
Herzenberg requested that consideration of the item be postponed for two
weeks. He said this would provide no
significant improvement to the local cable provider. Council Member Herzenberg requested additional information on the
two area CBS affiliates. Assistant to
the Manager Greg Feller noted that WKFT had an arrangement with WRAL to pick up
pre-empted CBS programming from WFMY.
Council Member Capowski asked what people would lose if WFMY were no
longer available locally. Mr. Feller
said primarily Greensboro and piedmont area news. Council Member Herzenberg inquired how many local stations were
required. Mr. Feller said seven. He noted that the franchise was written in
terms of programming categories.
COUNCIL MEMBER
CHILTON MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT ORDINANCE 2. THE ORDINANCE WAS ADOPTED BY A VOTE OF 8-1,
WITH COUNCIL MEMBER HERZENBERG VOTING NO.
AN ORDINANCE AMENDING
CABLE TELEVISION FRANCHISE REQUIREMENTS
(92-5-26/O-2)
BE IT ORDAINED by the
Town Council of Chapel Hill:
Section 1. That the Council hereby amends the ordinance
granting a cable television franchise to Village Cable Inc., as amended (which
franchise is now held by American Television and Communications
Corporation/Time Warner) as follows:
(a) The number of
broadcast television stations from the central North Carolina area which must be carried in Tier One is
reduced from 7 to 6.
(b) The cable
operator shall carry Home Team Sports, or other
sports programming if Home Team Sports
becomes unavailable, on
a full time basis in Tier Two as described
in a letter dated
May 19, 1992 from William S. D'Epaginer of
the American Television and
Communication Corporation ("Cablevision") to
the Town Manager, which letter shall be
retained with the
records of this meeting.
(c) The cable
operator shall similarly carry QVC or other similar
shopping programming on a full-time basis
as set forth in the
above-described letter from William S.
D'Epaginer.
(d) The cable
operator shall carry the USA network, or other
similar programming, in Tier One as set
forth in the above-
described letter from William S.
D'Epaginer.
Section 2. The cable operator shall effect the
above-described
changes in July,
1992.
Section 3. The effectiveness of this ordinance shall be
conditioned upon its acceptance by a duly authorized representative of
ATC/Cablevision.
Section 4. All ordinances and portions of ordinances in
conflict herewith are hereby repealed.
This the 26th day of
May, 1992. (FIRST READING)
Item 13 Information Reports
Bonnie Morell said
she resided near the University's boiler plant. She thanked the Council for paying close attention to information
reports on the plant. Ms. Morell also
said the reports did not reflect the frustration of area residents. She emphasized the importance of the Council
continuing to pay attention to the reports, since the lives and homes of
individuals were involved. Council Member Herzenberg said the last monthly
report noted that the University was requiring written, rather than telephoned,
complaints. Ms. Morell said the
situation was very tense. She stated
that formal complaints need to be in writing.
Council Member
Capowski inquired whether it was possible to provide brown or green controlled
access fencing along Fordham Boulevard.
Mr. Horton said the State had declined to install the fencing unless the
Town paid the full cost. Council
Member Capowski asked who paid for trees and bushes. Mr. Horton said the Town and State.
Council Member Brown
inquired about the possibility of incorporating elements of the Duany and
Arendt report into local development applications. Mr. Horton said some of the concepts were proposed in the small
area planning process. Council Member
Herzenberg said he hoped the Council and staff would be more open to Duany and Arendt's ideas in the future. Mr. Horton noted that none of the concepts
were in present ordinances. He added
that this matter could be reviewed if the Council wished. Mayor Broun said some ideas were more
applicable than others. Council Member
Rimer noted that the Planning Board had considered concepts of this type
approximately five to seven years ago.
He said the downtown district was an example of how ideas could be
integrated.
The meeting stood
adjourned at 11:19 p.m.