MINUTES OF A REGULAR MEETING OF THE
MAYOR AND COUNCIL OF THE TOWN
OF CHAPEL HILL, MONDAY, OCTOBER 12, 1992 AT
7:30 P.M.
Mayor Broun called
the meeting to order at 7:32 p.m. Council Members in attendance were Julie
Andresen, Joyce Brown, Joe Capowski, Joe Herzenberg, Alan Rimer and Arthur
Werner. Council Member Mark Chilton was
absent excused. Also in attendance were
Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and
Florentine Miller, Planning Director Roger Waldon and Town Attorney Ralph
Karpinos.
Item 1
Presentations by Applicants for Council Vacancy
Mayor Broun noted
that each speaker would have three minutes in which to make presentations to
the Council.
Ed Devany said the
Council vacancy afforded an unique opportunity for Town residents to volunteer
to serve on the Council. Mr. Devany
suggested that the Council needed representation of groups such as unemployed,
homeless and working class persons. He
thanked the Council for considering his credentials.
Pat Evans said the
appointee to the vacancy would serve only until late 1993. Ms. Evans stated that her seven years of
service as a Planning Board member and other experience qualified her to serve
the remainder of the term. Ms. Evans
also said she willing the same energy to the Council that she devoted to the
Planning Board and other Town boards and activities. Ms. Evans noted that she understood the community and the
problems and opportunities in its future.
Ms. Evans said she could be a constructive member of the Council.
Mickey Ewell said he
understood that service as a council member was a tremendous commitment. Mr. Ewell also said he could make tough
decisions, lead, listen and learn as a council member. Mr. Ewell stated that he had received a
broad base of community support in the 1991 municipal election. He said it was important for the Mayor and
Council to select the most capable candidate who was also willing to run for
re-election to the Council.
Dolores Nesnow said
she had resided in the town since 1979.
Ms. Nesnow said she desired to be involved in Town activities as a council
member. Ms. Nesnow noted that her main
concern and intention was to represent all interests of the Town. Ms. Nesnow also stated that she was
concerned about fiscal responsibility and maintaining the Town's
appearance. She also noted the
importance of making environmentally-sound decisions. Ms. Nesnow said it was important to address public safety
concerns.
Johnnie Peace, Sr.
said he was the best qualified candidate to serve on the Council. Mr. Peace also said he was actively involved
in Town affairs and would attend all Council meetings and would fully
participate in discussions. Mr. Peace
said he would be an active Council Member for the entire Town.
Barbara Powell said
she had the proper qualifications and desire to serve on the Council. Ms. Powell also said she had been encouraged
by several community leaders to apply for the Council vacancy. Ms. Powell stated that she had long been
involved in local affairs, including service on several boards and commissions. Ms. Powell said she wished to attract good
clean businesses to the community and lessen the tax burden on all citizens,
especially the elderly. Ms. Powell said
she possessed the ability to serve as a Council Member.
Joyce Roland said her
primary desire was to give something back to the community. Dr. Roland emphasized the importance of
pace-setting African-American role models.
Dr. Roland said one of her greatest strengths was devising workable
solutions to problems. Dr. Roland also
said would analyze problems and solutions for all people of the Town. She emphasized the importance of economic
development activities, the efficient use of tax dollars and better
opportunities for youth in the community.
Dr. Roland stated that wished to get involved and assist in improving
the community's quality of life for all.
David Strevel, an
Environmental Protection Agency consultant and Town resident since 1987, said
his degree in electrical engineering would be useful in addressing matters such
as concerns about the University's boiler plant. Mr. Strevel also said he had served as president of a non-profit
housing corporation in the past. He
stated he had served as a management services officer, assisting in the
rehabilitation of row houses. Mr.
Strevel said the maintenance of good relationships between the Town and University
was important. Mr. Strevel stated that
he wished to perform a service for the Town by serving as a Council Member.
Paul Tripodi said he
would add timely information to the Council in his capacity as a small business
operator. Mr. Tripodi stated that his
knowledge and experience was needed by the Council. He said that important Town issues included public safety,
visitor services, economic development, affordable housing and educational
progress. Mr. Tripodi stated that the
Town was at a crucial point of change and he would like to be part of the
Council when these opportunities were presented.
Gloria Williams said
her years of professional experience had provided invaluable insight into
community issues. Ms. Williams
emphasized the importance of empowering communities through education and
economic development programs. Ms.
Williams said she wished to utilize her personal expertise in lowering the
community's tax burden through resource leveraging. She emphasized the importance of providing truly affordable
housing, lowering crime rates, planning growth and protecting the
environment. Ms. Williams said she had
the backing and strong support of the community's black leadership coalition. Ms. Williams said she was ready, willing,
able and eager to work with the Council on behalf of all people to develop
policies in the best interest of all citizens.
Mayor Broun expressed
the Council's thanks to all ten applicants for their remarks and willingness to
serve the community. He noted that the
Council planned to make an appointment to the vacancy at its October 28th
meeting.
Council Member
Andresen said she favored having a forum at which to ask questions of the
candidates. Council Member Brown said
she favored having a forum and sending written questions to the
applicants. Council Member Capowski
said he would like to have the opportunity to ask oral and written ad hoc
questions to the applicants. He
emphasized the importance of identifying a process for handling questions and
answers for the large number of applicants.
Council Member Rimer said it would be difficult to ask ad hoc questions
to ten persons in a fair and consistent manner.
Council Member Werner
said the process would be somewhat subjective.
Council Member Werner suggested that groups of up to four council
members meet with each of the candidates.
He noted that it would be quite difficult to deal with ten applicants in
a fair and open process. Expressing his
support of Council Member Brown's suggestion concerning written questions,
Council Member Werner urged the Council not to make the process too agonizing
for applicants. Mayor Broun said he
strongly shared Council Member Werner's views on these matters.
Council Member Brown
said the Council could utilize short, written statements and an in-person
question and answer session as parts of the selection process. Mayor Broun said he favored keeping any
questionnaires short. Council Member
Andresen said she favored small groups of council members meeting with
applicants. She said a desirable goal
for the Council would be to have a consensus candidate to fill the vacancy.
Council Member
Herzenberg expressed concern that council members meeting in groups of four
or would violate the spirit, if not the
letter of the State's opening meetings law.
He said it might be preferable for Council Members to meet with
applicants individually or in groups of two or three. Mayor Broun emphasized the importance of a public selection
process. He said the Council could
possibly make a decision at its October 28th meeting or develop a short list at
that time. Council Member Herzenberg
said it might be advisable to give some thought to how voting would be
handled. He suggested that the Council
might use ballots as done with board and commission appointments. Council Member Herzenberg said there were
also other ways to handle voting on the matter. He emphasized the importance of making the process as clear and
comfortable as possible. Mayor Broun
inquired whether state statutes provided for specific nomination and
appointment procedures. Mr. Karpinos
stated that the Council could make nominations this evening or at the October
28th meeting. Mayor Broun asked whether
the appointment could be made by written ballot at the October 28th
meeting. Mr. Karpinos said yes.
Council Member Werner
noted that the Council would likely discuss the Council appointment extensively
among themselves. He added that it
would be inappropriate to discuss the perceived failings of individual applicants. Council Member Werner added that the Council
would achieve an informal consensus concerning the appointment prior to the
October 28th Council meeting. Council
Member Brown said she was willing to submit one or two questions for
consideration if other Council also wished to do so. Mayor Broun said it appeared that the majority of the Council
appeared to favor having individual or small group conversations with Council
applicants.
COUNCIL MEMBER
HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO NOMINATE ALL TEN
APPLICANTS FOR FUTURE APPOINTMENT CONSIDERATION. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).
Item 3 Petitions
James Brittian,
representing the Midway Development Commission, said the Commission was in the
process of compiling a feasibility study.
He stated that the Commission was requesting $9,000 from the Town to
assist with local economic development activities. Mr. Brittian noted that the commission was also applying for
$20,000 in grants from other sources.
Council Member
Capowski inquired what would occur if the $20,000 in grants were not
received. Mr. Brittian said the
commission would continue using available resources. Council Member Capowski requested that staff provide possible
funding sources for the $9,000 request in its follow-up report. Council Member Andresen asked who would
assist with the proposed economic development project. Mr. Brittian said Carrboro town staff,
university interns and other persons would provide assistance. Council Member Andresen inquired how the
$29,000 in funding requests would be used.
Mr. Brittian said the commission did not currently have articles of
incorporation. He added that activities
would include meeting with foundations and other funding sources, compiling
data and identifying a possible location for a business incubator.
Expressing concern
about providing start-up costs for outside organizations, Council Member
Andresen requested that staff provide a draft performance agreement in its
follow-up report to the Council. Council
Member Andresen added that she did not favor the Town becoming a primary
funding source for outside organizations. Expressing concern about parallel
groups undertaking similar activities without cooperation, Council Member
Werner inquired how the Midway Development Corporation would interact with
existing economic development organizations.
Mr. Brittian said commission representatives had met with Chamber of
Commerce officials. He added that the
commission proposed that a staff economic development specialist would
coordinate efforts with other area agencies.
Council Member Werner emphasized the importance of coordinated
activities and planning. Mr. Brittian
said the proposed project was within existing zoning ordinances. He added that coordination was a very
important objective of the commission.
Council Member Brown
asked whether commission representatives had met with neighborhood
representatives and other interested parties.
Mr. Brittian said yes, noting that additional meetings were planned. He said the commission was in need of a
volunteer coordinator. Council Member
Andresen noted that the Town of Carrboro had a staff person with a part-time
specialization in economic development.
She inquired whether the Council might want to explore an in-house
economic development staff person.
Council Member Capowski inquired about the proposed role of Mr. Mack
Thompson in the commission's future activities. Mr. Brittian said that Mr. Thompson, a commission volunteer,
might or might not be hired as the commission's economic development specialist
in the future. Council Member
Herzenberg noted that all candidates at a council candidates forum last fall
had generally supported the concept of a small business incubator. Council Member Herzenberg said it was good
to see some follow-up on these types of proposals.
Mayor Broun said the
proposed business incubator was a major undertaking. He also said volunteers had done a remarkable job in handling the
project to this point.
COUNCIL MEMBER BROWN
MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO REFER THE MATTER TO THE
MANAGER AND ATTORNEY. THE MOTION WAS
ADOPTED UNANIMOUSLY (7-0).
Howard Diamond, a
resident of the Southbridge neighborhood, distributed a recent newspaper
article concerning a small child falling into a storm sewer drain. Mr. Diamond said he had spoken to Public
Works Director Bruce Heflin about the possibility of installing safety bars to
prevent similar incidents in the future. Noting the importance of safety for
children, Council Member Rimer also noted that storm drains had to handle large
volumes of water during storm events.
Mr. Diamond said his emphasis was on finding an inexpensive method to
enhance child safety around storm drains. Council Member Werner said the issue
was a fairly well-defined one which could be referred to the manager for
suggestions and solutions.
COUNCIL MEMBER WERNER
MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO REFER THE MATTER TO THE
MANAGER. THE MOTION WAS ADOPTED
UNANIMOUSLY (7-0).
Council Member
Capowski expressed the Council's thanks to Mayor Broun, Town Manager Horton and
Transportation Planner David Bonk for their work in securing Department of
Transportation (DOT) funding for bikeways and sidewalks in conjunction with the
NC 86 improvement project. Mayor Broun
said the DOT's apparent change in policy represented a significant moment for
the area. He noted that the revised
transportation improvement program still needed to be reviewed by the local
Transportation Advisory Committee (TAC) and the North Carolina Department of
Transportation Secretary. Mayor Broun
said he felt that the TAC would approve the proposal. He also expressed thanks to Durham officials and staff for their
assistance. Council Member Andresen
also expressed appreciation to Department of Transportation officials. Council Member Rimer suggested that the
Mayor might forward a letter of thanks to the State Department of
Transportation.
Item 4 Boards and Commissions
Mr. Horton briefly
reviewed existing vacancies on Council advisory boards and commissions. Mr. Horton said the staff would welcome
assistance by the Council in recruiting interested persons to serve on boards
and commissions. He noted that no
applications had been received for the Orange County Animal Control/Shelter
Operations Study Committee.
Council Member
Andresen said she understood that the Triangle Fixed Guideway Advisory Group
would meet with local elected officials as the group's activities proceeded.
COUNCIL MEMBER
HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO APPOINT ALL FIVE
APPLICANTS BY ACCLAMATION. THE MOTION
WAS ADOPTED UNANIMOUSLY (7-0).
Item 5
Steep Slopes Development Ordinance Text Amendment
Planning Director Roger
Waldon provided an overview of issues highlighted in the memorandum before the
Council. Mr. Waldon said adoption of
Ordinance 1 was recommended.
Council Member Rimer
said the Town's design guidelines had been designed by staff and many other
persons in the community. He said the
standards were companion to the Town's design guidelines. Council Member Rimer said a number of design
standards had been codified in the Development Ordinance. He suggested that the Council consider
waiting one and a half to two months before adopting the proposed ordinance, to
permit the completion of proposed design standards. Council Member Rimer said he was personally and professionally
more comfortable with waiting for the new standards.
Council Member
Andresen said she supported the staff's recommendation of adopting the proposed
ordinance. Council Member Andresen
stated that the proposed ordinance appeared to be quite general in nature. Council Member Andresen said she did not
understand the rationale for delaying adoption of the ordinance. Mr. Horton
noted that the first portion of the draft design standards would be presented
to the Council on December 7th. Council
Member Rimer said a substantial chunk of detailed design standards would be
presented as suggestions. Council
Member Rimer stated that he did not advocate slowing down or stopping the
proposed ordinance. Council Member
Werner inquired how the proposed design standards would impact the
ordinance. Council Member Rimer said
the greatest impact would be on slopes of twenty-five percent or more. Council Member Werner noted that adopting
steep slopes ordinance might be useful in reducing the number of necessary
hearings. He also noted that the
adoption of some design standards might take up to one year. Council Member Rimer noted that no
development proposals would be impacted by delaying the proposed ordinance for
six to eight weeks.
Council Member Capowski
noted that the draft design standards would address steep slopes and a number
of other matters. He inquired whether
adoption of the proposed ordinance would contradict any of the draft design
standards. Noting that this would be
difficult to determine, Council Member Rimer said he was simply suggesting a
slight delay in adopting the proposed ordinance. Council Member Brown inquired about the nature of current
development proposals. Mr. Waldon said
there were a number of development applications currently being reviewed. Council Member Brown inquired whether the
proposed design standards would be stronger than current ones.
Council Member Rimer
said the Council would need to determine whether the proposed standards were
sufficiently strong. Council Member
Werner inquired about grandfathering provisions for the proposed
ordinance. Mr. Waldon said this was
determined on a case-by-case basis.
Council Member Werner asked whether the ordinance would apply to
projects currently under review. Mr. Karpinos
said if the ordinance were adopted this evening, it would apply to any
subsequent development applications.
Council Member Andresen emphasized the importance of making developers
aware of new standards and ordinances.
Mr. Horton noted that the Council was scheduled to consider a number of
development applications in January and February, 1993, which could be impacted
by the proposed ordinance.
Council Member
Capowski said the question before the Council appeared to be whether or not to
adopt the ordinance, rather than when to adopt it. He inquired about the impact of the proposed on sites such as the
Culbreth Park subdivision. Mr. Waldon
briefly reviewed the site, noting that it contained numerous slopes of
twenty-five percent or more. He said the
proposed ordinance would likely have necessitated lessening land disturbance
and relocating some roadways. Council
Member Capowski inquired whether these differences would have increased housing
costs for the Culbreth Park subdivision.
Mr. Waldon said this was quite likely.
Council Member Andresen inquired about the effect of true clustering
development on the Culbreth Park site.
Mr. Waldon said the subdivision plan might have placed greater emphasis
on the preservation of steep slopes and the use of flat spaces for recreation
purposes. Council Member Werner noted
that affordable housing needs might outweigh steep slope considerations in some
instances. Council Member Werner said
the proposed ordinance appeared to give the Council additional options. Council Member Werner said the proposed
ordinance gave the Council additional authority to disapprove poorly planned
projects.
Council Member Brown
inquired whether it was correct that current design guidelines necessitated
road reconfigurations in some areas of steep slopes. Mr. Waldon said that this was correct, adding that matters of
this type needed to be handled very carefully.
Council Member Rimer asked whether it was correct that current design
standards were incorporated in the Town's Development Ordinance. Mr. Karpinos said reference was made to them
in the Development Ordinance. Council
Member Rimer said he favored proceeding more slowly on the matter to allow greater
flexibility in regard to steep slope development in the future. Council Member Capowski noted that the
Design Review Board encouraged the Council not to adopt the proposed ordinance
because it did not grant sufficient flexibility. Council Member Capowski said he did not agree that the proposed
ordinance was inflexible. He added that
although board support was only lukewarm, he favored proceeding with adoption
of the proposed ordinance.
Council Member Brown
emphasized the importance of coordinating design standards with the proposed
steep slopes development ordinance.
Council Member Andresen said it appeared that the proposed ordinance
change did not go far enough in addressing some environmental matters.
COUNCIL MEMBER
ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO ADOPT ORDINANCE 1. THE MOTION FAILED TO PASS ON FIRST READING,
BY A VOTE OF 5-2, WITH COUNCIL MEMBERS HERZENBERG AND RIMER VOTING NO.
COUNCIL MEMBER RIMER
MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 1.
Council Member
Capowski proposed a friendly amendment to add the Design Review Board to the
proposed resolution language. Council
Member Werner said this appeared somewhat redundant. Council Member Rimer stated that this would permit further review
by the Board. The motioner and seconder
concurred with the proposed friendly amendment.
RESOLUTION 1, AS
AMENDED, WAS PLACED ON THE FLOOR AND ADOPTED UNANIMOUSLY (7-0).
A RESOLUTION
REGARDING PROTECTION OF STEEP SLOPES (92-10-12/R-1)
WHEREAS, the Chapel
Hill Town Council has noted the damage and extensive land disturbance that can
accompany development of steeply sloped land; and
WHEREAS, the Council
seeks the advice of its Advisory Boards, Commissions, and staff in the review
and approval of development applications;
NOW, THEREFORE, BE IT
RESOLVED by the Council of the Town of Chapel Hill that the Council requests
that the:
- Planning Board - Appearance
Commission
- Transportation Board - Historic District
Commission
- Parks and Recreation - Greenways Commission
Commission - Design Review
Board
- Town Manager
give careful
attention in their review of development proposals to guidelines outlined in
the Site Design section of the Design Guidelines, especially to proposed
development in slopes of 25% or greater.
This the 12th day of
October, 1992.
Item 6 Solid Waste Management DOTA
Mr. Horton said key
issues concerning the proposed amendment were summarized in the staff
memorandum to the Council. Council
Member Brown inquired about special arrangements for buildings in tight
quarters requiring reconstruction. Mr.
Waldon said that merchants in such situations were encouraged to coordinate
refuse collection and recycling activities.
Mr. Horton added that Town staff could work with individual business
owners to explore options for joint usage of refuse disposal and recycling
facilities.
COUNCIL MEMBER WERNER
MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADOPT ORDINANCE 2. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).
AN ORDINANCE AMENDING
THE CHAPEL HILL DEVELOPMENT ORDINANCE REGARDING SOLID WASTE MANAGEMENT
(92-10-12/O-2)
WHEREAS, the Council
of the Town of Chapel Hill has considered the proposed amendment to the Chapel
Hill Development Ordinance to adjust the provisions for solid waste management,
and finds that the amendment is appropriate due to changed or changing
conditions in a particular area or in the jurisdiction generally and achieves
the purposes of the Comprehensive Plan;
NOW, THEREFORE, BE IT
ORDAINED that the Chapel Hill Development Ordinance shall be amended as
follows:
SECTION I
REPLACE a Subsection
14.11 with the following:
14.11 Collection of Solid Waste and
Recyclables
All
developments shall provide a detailed solid waste management plan, including a
recycling plan and a plan for management of construction debris subject to
approval by the Town Manager.
All
developments shall provide secure, safe, and sanitary facilities for the
storage and pickup of solid waste and recyclables. Such facilities shall be convenient to collection and shall be
appropriate to the type and size of the development being served.
Except
for single- and two-family dwellings, all solid waste and recyclables storage
facilities shall be screened by a solid wall, fence, tight evergreen hedge, or
combination of the above. Such
screening shall be of sufficient height and design to effectively screen the
facility from the view from adjacent residential uses and streets, and from
adjacent properties.
Design Manual Reference: Section 8
SECTION II
That all ordinances
and portions of ordinances in conflict herewith are hereby repealed.
This the 12th day of
October, 1992.
Item 7 Hotel-Motel Tax Allocation
Council Member Rimer
said he had ranked agency funding proposals by polling individual council
members. He briefly explained the
ranking system and vote distribution.
Council Member Rimer said specific funding levels could be further
discussed this evening. Council Member
Werner said he thought the committee's charge was to present funding
recommendations to the Council.
Mayor Broun said
although he very much favored assisting the Senior Center, he thought the
funding emphasis was on cultural and visitor-related projects. He inquired whether other funding sources
were available to fund this program.
Mr. Horton stated that funds from the Town's General Fund were available
from time to time. Council Member
Andresen inquired whether the Senior Center's programs were included in visitor
and cultural service activities. Mr.
Horton said this program could fall under the broadly construed heading of
cultural support services.
Council Member
Capowski said he thought that total funding available was $29,000, rather than
$28,000. He inquired whether the
fourth-ranked agency had received the balance of available funding. Council Member Rimer said this was
correct. Council Member Capowski
inquired about the possibility of pro-rating funding to each of the four
highest-ranked activities. Council
Member Werner noted that the third-ranked project was the only one of the four
which had not requested a specific funding amount. Mr. Horton noted that a total of $29,000 was available for
funding.
COUNCIL MEMBER WERNER
MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 2, AS
AMENDED, WITH TOTAL FUNDING OF $29,000, RATHER THAN $28,000, WITH AN ADDITIONAL
$1,000 ALLOCATION TO THE NORTH CAROLINA SYMPHONY SOCIETY.
Noting that the Town
was potentially providing total funding of $23,000 to the Senior Center during
the current fiscal year. Council Member
Andresen said she wondered about the amount of return to the Town since a
leased space was involved. Mr. Horton
said the Senior Center was very generous in allowing the use of its facility
for a variety of community programs.
Noting that the Senior Center had installed over $100,000 in leasehold
improvements, Council Member Rimer said it was very unlikely that the Senior
Center would move out of its current facility in the near future.
Council Member Brown
expressed concern that some larger projects were funded each year, while other
smaller, worthwhile projects received no funding. Council Member Herzenberg noted that the lower funding level had
been challenging for the agencies and Council committee alike. Noting that he supported the allocation
process as it had evolved, Mayor Broun said he was really concerned about
future allocation processes. Council
Member Andresen said the process became slightly politicized when the Council
became involved. She noted that the
Human Services Advisory Board interviewed each agency requesting funding. Council Member Rimer suggested that the
Council work with staff to review criteria for evaluating hotel-motel tax
allocation proposals.
Council Member Werner
said of the four or five different allocation methods attempted to date, the most
recent approach of a quantitative vote of the Council, appeared to work quite
well. Council Member Herzenberg noted
that Council Member Andresen was correct that the Human Services Advisory Board
interviewed representatives of each agency requesting funding. He added that hotel-motel tax allocation
tended to be peripheral from the Parks and Recreation Commission's work. Mayor Broun encouraged council members to
think about a preferred allocation process for next year.
RESOLUTION 2, AS
AMENDED, WAS PLACED ON THE FLOOR AND ADOPTED BY A VOTE OF 6-1, WITH COUNCIL
MEMBER BROWN VOTING NO.
A RESOLUTION
APPROVING GRANTS FROM HOTEL-MOTEL TAX FUNDS
(92-10-12/R-2)
BE IT RESOLVED by the
Town Council of Chapel Hill that the Council hereby authorizes the following
funding allocations, and authorizes the Manager to enter into performance
agreements regarding the services or projects proposed to be undertaken:
The ArtsCenter $14,000
Partial payment of rent
Friends of the New Chapel Hill Senior
Center 11,000
Senior Center Kitchen
North Carolina Symphony Society/local
chapter 2,560
Free summer concert
Community Youth Theatre 1,440
Summer drama performances
This the 12th day of
October, 1992.
Item 8 Low-income Housing Allocation
Planning Coordinator
Chris Berndt briefly reviewed the two funding requests for local low-income
housing programs. She noted that
funding of $4,000 was recommended by staff for the Triangle Housing Partnership
and $35,000 was recommended for the Orange Community Housing Corporation. Ms. Berndt added that the Housing Advisory
Board had recommended that funding for the two programs be somewhat lower, in
order to provide $10,000 for a low-income rental housing project.
Council Member
Andresen inquired about the status of the Triangle Housing Partnership's two
current projects. Ms. Berndt said both
projects were quite complicated and were still under way. Council Member Andresen inquired about the
status of Triangle Housing Partnership funds relative to a loan
consortium. Ms. Berndt said the
partnership was working with local banks to set up funding for first-time home
buyers. Council Member Brown inquired
about the Triangle Housing Partnership's role in the development of the
Culbreth Park subdivision. Ms. Berndt
said the partnership had made applications for additional funding sources for
the project. She added that the
partnership was helpful in putting together a very cost-effective package. Mr. Horton noted that the partnership had
provided very few tangible benefits to Orange County residents.
Council Member
Herzenberg inquired about the Housing Advisory Board's recommendation
concerning a low-income rental housing program. Ms. Berndt said staff could work with the Housing Advisory Board
to help define the program's goals.
Council Member Andresen suggested that a performance agreement between
the Town and the Triangle Housing Partnership could reflect the staff's
concerns about the need for something substantial or tangible.
There was no initial
motion for adoption of Resolution 3.1, concerning funding to the Triangle
Housing Partnership.
COUNCIL MEMBER
HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT RESOLUTION
3.2. THE MOTION WAS ADOPTED UNANIMOUSLY
(7-0).
A RESOLUTION
ALLOCATING FUNDS IN SUPPORT OF THE ORANGE COMMUNITY HOUSING CORPORATION
(92-10-12/R-3.2)
WHEREAS, the Town
Council has made commitments to the promotion of low and moderate income
housing opportunities, in the form of statements in its Comprehensive Plan, and
its allocation of General Fund revenues to low-income housing initiatives; and
WHEREAS, the Town has
received a request from the Orange Community Housing Corporation, requesting
funding support to enable Corporation to develop low and moderate income
housing;
NOW, THEREFORE, BE IT
RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes
the allocation of $35,000 to the Orange Community Housing Corporation, in order
to develop low and moderate income housing, and authorizes the Town Manager to
execute a Performance Agreement with the Orange Community Housing Corporation
in the amount of $35,000.
This the 12th day of
October, 1992.
Mayor Broun said
although the Triangle Housing Partnership had made some good progress, he
concurred with the Manager's comments concerning the need for more tangible
results for Orange County residents.
Council Member Brown inquired what would happen if the partnership
received no funding from the Town. Mr.
Horton said it was likely that the partnership would stop work in Orange
County. Mr. Horton said he felt an
obligation to give notice of the Town's concerns. Council Member Capowski inquired about the partnership's overall
track record. Mr. Horton said the
partnership was perhaps a little more successful in Durham and Wake
counties. Council Member Andresen asked
whether Orange County representatives attended the Triangle Housing
Partnership's meetings. Ms. Berndt said
yes. Council Member Brown
suggested that the Council's appointee to the Partnership carry the Council's
concern about the work of the Partnership in Orange County to the group.
COUNCIL MEMBER BROWN
MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT RESOLUTION 3.1. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).
A RESOLUTION
ALLOCATING FUNDS IN SUPPORT OF THE TRIANGLE HOUSING PARTNERSHIP
(92-10-12/R-3.1)
WHEREAS, the Town
Council has made commitments to the promotion of low and moderate income
housing opportunities, in the form of statements in its Comprehensive Plan, and
its allocation of General Fund revenues to low-income housing initiatives; and
WHEREAS, the Town has
received a request from the Triangle Housing Partnership to contribute, along
with the cities of Durham and Raleigh, to the Partnership's efforts to
stimulate construction of low and moderate income housing;
NOW, THEREFORE, BE IT
RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes
allocation of $4,000 to the Triangle Housing Partnership, in order to stimulate
construction of low and moderate income housing, and authorizes the Town
Manager to execute a Performance Agreement with the Triangle Housing
Partnership in the amount of $4,000.
This the 12th day of
October, 1992.
Item 9 OWASA Policy on Sewer Laterals
Assistant to the
Manager Greg Feller presented an overview of the proposal, noting that OWASA
did not currently maintain the portion of sewer laterals located within public
street rights-of-way. He said the
proposed policy revision was a step in the right direction.
Council Member
Capowski inquired who tapped into sewer mains.
Mr. Feller said the actual tapping of sewer mains was handled by OWASA
staff. Council Member Capowski asked
whether Town inspectors made sure that roadways were properly restored to their
original condition. Mr. Feller said
yes. Council Member Capowski inquired
whether it was correct that the proposal would not involve additional work for
Town staff. Mr. Feller said this was
correct. Council Member Herzenberg inquired whether proposed condition number
one in the resolution should be phrased more strongly. Council Member Andresen said it would be a
good idea to strengthen the language.
Mr. Feller said items five and six drew the desired conclusion. Council Member Rimer said he did not know
of any other water and sewer utility which did not assume responsibility for
lateral maintenance. He stated that
OWASA should handle this responsibility.
COUNCIL MEMBER RIMER
MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 4. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).
A RESOLUTION
REGARDING OWASA'S PROPOSED POLICY ON MAINTENANCE AND REPAIR RESPONSIBILITIES
FOR SEWER LATERALS (92-10-12/R-4)
BE IT RESOLVED by the
Town Council of Chapel Hill that the Council authorizes transmittal to the
OWASA Board of the following comments regarding the proposed OWASA policy
revision on responsibility for sewer laterals:
1. Neither the
present policy nor the proposed revision is a significant incentive for private
maintenance of the part of sewer laterals in public right-of-way. Many people
are not aware that they have the responsibility under OWASA's present policy
for maintaining laterals in the street right-of-way.
In addition, OWASA
customers do not control the condition of laterals in rights-of-way, and cannot
prevent damages to sewer laterals by other parties who do work in street
right-of-way or due to heavy vehicles.
2. OWASA is best able
to take quick, corrective action on repairing sewer laterals within
right-of-way. OWASA has the expertise and resources to do this repair work when
it becomes needed, and can recover its costs.
3. The installation
and maintenance of laterals in street right-of-way can affect the condition of
the public streets. In addition, it is important that sewer lateral
installation and maintenance work in street right-of-way include traffic safety
procedures. OWASA is already familiar with these safety requirements, while
some independent contractors may not be.
4. For the above
reasons, OWASA is requested to fully assume the responsibility for sewer
laterals in public right-of-way as it has already for water service laterals in
the right-of-way. The proposed policy revision is a positive step in addressing
this responsibility.
5. OWASA could assume
this maintenance responsibility as a basic service with costs paid through the
basic sewer rates or OWASA could charge actual cost fees instead. OWASA should
make a decision on this after receiving comments from customers.
6. OWASA should also
maintain the part of sewer laterals in public utility easements or OWASA sewer
easements.
This the 12th day of
October, 1992.
Item 10 Recall of Elected
Officials
Mr. Karpinos said the
Council had previously requested a report concerning the recall of elected
officials by citizen initiatives. Mr.
Karpinos also said he had outlined a number of related considerations for deliberation
by the Council. Mayor Broun inquired
whether the next step in the process would be to hold a public hearing. Mr. Karpinos noted that this process had
been used in the past. He added that
the Council had adopted various recommended charter amendments in the past,
following public hearings.
Council Member
Andresen said several items highlighted by the attorney merited further
discussion by the Council. Council
Member Brown noted that the grounds for recall were also quite important.
Noting that the attorney was seeking general thinking on matters this evening,
Mayor Broun added that the matter could be further explored at a future Council
meeting. Council Member Werner inquired
about the proposed recall procedure.
Mr. Karpinos stated that once the sufficiency of a petition was
determined, an election would be held to determine whether or not recall was
desired by the voters. He noted the
need to establish a specific standard for determining whether a recall election
could be held. Council Member Brown
suggested that such standards be quite broad.
Mr. Karpinos said he would further explore this matter. Mayor Broun noted the importance of citizens
having some basis for determining whether or not a recall effort was
official. He suggested that the
Attorney draft a charter amendment outlining possible grounds for recall
without specific limitations. Mr.
Karpinos said he would do so.
Mayor Broun said
recall elections should focus on whether or not a person should remain on the
Council, rather than having the person or persons to be recalled listed on a
ballot with other candidates for the seats in question. Council Member Andresen concurred. Council Member Herzenberg noted the
importance of considering implications such as the possible recall of the
entire Council. Mr. Karpinos said that
State statutes provided remedies to handle very unusual situations such as the
recall of an entire Council. Council
Member Werner said it was important to have a limited period of time in which to
complete a recall petition.
Council Member Brown
inquired whether the proposed charter amendment would apply to currently-seated
Council Members. Mr. Karpinos said if
the amendment were adopted, a citizen could initiate a recall against any Council
Member or the Mayor for just cause.
Noting the
community's transient nature, Council Member Capowski suggested it was not a
good idea to use the number of registered voters as a numerical standard for
triggering a recall election. He
suggested that the number of people voting in the most recent municipal
election was a more definable standard.
Council Member Andresen expressed her concurrence. She inquired about the approximate number of
voters in the most recent municipal election.
Council Member Capowski said approximately 8,000 of 31,000 registered
voters voted in the most recent municipal election. Mayor Broun noted that the focal issue was determining the number
of people that needed to sign a recall petition. Council Member Herzenberg said that 8,000 appeared to be a very
large number of signatures to gather, while 2,000 signatures seemed quite
small.
Council Member Werner
said it would be somewhat more difficult to gather the signatures of 2,000
registered voters. Council Member
Capowski noted that gathering signatures was a separate process from the actual
recall election. Council Member Rimer
suggested using 2,000 to 3,000 signatures of registered voters as a standard
for triggering a recall election.
Council Member Werner suggested using a percentage range, such as
twenty-five to thirty-five percent of votes cast in the most recent municipal
election. Council Member Werner
inquired about the deadline for submittal of legislative bill requests. Mr. Karpinos said the General Assembly would
meet in a long session. He added that
no deadline had been established for local bill submittals. Council Member Herzenberg suggested using
the votes cast for all mayoral candidates as a standard.
COUNCIL MEMBER WERNER
MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT RESOLUTION 5. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).
A RESOLUTION THAT THE
POSSIBILITY OF A CHARTER AMENDMENT PROVIDING FOR RECALL OF ELECTED TOWN
OFFICIALS BE CONSIDERED IN PREPARATION OF THE TOWN'S POTENTIAL LEGISLATIVE
REQUESTS FOR 1993
(92-10-12/R-5)
BE IT RESOLVED by the
Council of the Town of Chapel Hill that the possibility of seeking legislation
to allow for citizen-initiated recall of elected officials be considered as a
part of the Town's legislative program to be developed for the 1993 session of
the North Carolina General Assembly.
This the 14th day of
October, 1992.
Item 11 OWASA-related Issues Work Group
Council Member
Andresen said the objective of the work group would be to create a better
working relationship between the Town and OWASA. She added that current communications between the two parties
were quite good. Council Member Werner
said the idea was a good one. He noted
that although the Town's relationship with OWASA was improving, it was a
subject of some contention from time to time.
Council Member Herzenberg noted that no written, formal response had
been received from the Carrboro Board of Aldermen or the Orange County
Commissioners concerning the proposal.
Council Member Andresen said although there had been good discussion on
policy matters, she did not expect to receive any written responses from the
other local government bodies. Noting
his support for the proposal in concept, Council Member Herzenberg suggested
that a copy of the memorandum be forwarded to Carrboro and Orange County
officials.
Council Member Werner
suggested that the work group make follow-up recommendations to all three local
government bodies. Council Member Brown
said it was important to outline issues to be discussed by the work group. Noting that all three bodies might have
different issues for discussion, Mr. Horton suggested that the Council identify
key issues for possible discussion.
Council Member Werner suggested preparing the list of issues so that it
was attractive to other local government boards. Council Member Andresen said she would circulate a draft
memorandum for Council comment.
Item 12 Consent Agenda
COUNCIL MEMBER WERNER
MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT THE CONSENT AGENDA AS
PRESENTED. THE MOTION WAS ADOPTED UNANIMOUSLY
(7-0).
A RESOLUTION ADOPTING
VARIOUS RESOLUTIONS AND ORDINANCES
(92-10-12/R-6)
BE IT RESOLVED by the
Council of the Town of Chapel Hill that the Council hereby adopts the following
resolutions and ordinances as submitted by the Town Manager in regard to the
following:
a. Minutes
of September 14 and 21.
b. Calling hearings on comprehensive housing
affordability strategy (R-7) and comprehensive grant program (R-8).
c. OWASA
agreement for Stephens Street townhouses (R-9).
d. Transportation
project ordinance (O-3).
e. Design
Review Board composition (O-4).
f. McGregor
Drive right-of-way closure (R-10).
This the 12th day of
October, 1992.
A RESOLUTION CALLING
A PUBLIC HEARING ON THE COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY
(92-10-12/R-7)
WHEREAS, the U.S.
Department of Housing and Urban Development requires an annual update of the
Comprehensive Housing Affordability Housing Strategy; and
WHEREAS, the Town of
Chapel Hill in cooperation with Orange County, Carrboro and Hillsborough has
developed a consolidated CHAS in order to receive federal funds; and
WHEREAS, the U.S.
Department of Housing and Urban Development requires a public hearing be held
to give citizens an opportunity to comment on the Comprehensive Housing
Affordability Strategy.
NOW, THEREFORE, BE IT
RESOLVED by the Council of the Town of Chapel Hill that the Council hereby
calls a Public Hearing for 7:30 p.m., Monday, November 16, 1992 in the Council
Chamber at Town Hall, 306 North Columbia Street, Chapel Hill, to receive
citizens comments on the Comprehensive Housing Affordability Strategy as
required by the U.S. Department of Housing and Urban Development.
This the 12th day of
October, 1992.
A RESOLUTION CALLING
A PUBLIC HEARING ON THE COMPREHENSIVE GRANT PROGRAM (92-10-12/R-8)
WHEREAS, the National
Affordable Housing Act of 1990 has replaced the Comprehensive Improvement
Assistance Program with the Comprehensive Grant Program; and
WHEREAS, the U.S.
Department of Housing and Urban Development requires the development of a
Comprehensive Plan in order to receive modernization funds; and
WHEREAS, the U.S.
Department requires that a public hearing be held to give citizens an
opportunity to comment on the Comprehensive Grant Program.
NOW, THEREFORE, BE IT
RESOLVED by the Council of the Town of Chapel Hill that the Council hereby
calls a Public Hearing for 7:30 p.m., Monday, November 16, 1992 in the Council
Chamber at Town Hall, 306 North Columbia Street, Chapel Hill, to receive
citizens comments on the Comprehensive Grant Program as required by the U.S.
Department of Housing and Urban Development.
This the 12th day of
October, 1992.
A RESOLUTION
AUTHORIZING THE TRANSFER OF A UTILITY EASEMENT TO THE ORANGE WATER AND SEWER
AUTHORITY TO SERVE STEPHEN COURT TOWNHOUSES
(92-10-12/R-9)
WHEREAS, the Orange
Water and Sewer Authority (OWASA) requires the dedication and recording of
utility easements as part of its approval of water and sewer line extensions;
and
WHEREAS, there is
only a 15 foot public right-of-way for the service and OWASA requires a 30 foot
right-of-way.
NOW, THEREFORE, BE IT
RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is
authorized to execute an agreement to transfer and to record such transfer of
utility easements on land which is owned by the Town of Chapel Hill as
described in the attached drawing.
This the 12th day of
October, 1992.
AN ORDINANCE TO ADOPT
GRANT PROJECT ORDINANCES FOR TRANSIT PROJECTS (92‑10‑12/O‑3)
BE IT ORDAINED by the
Council of the Town of Chapel Hill that, pursuant to Section 13.2 of Chapter
159 of the General Statutes of North Carolina, the following grant project
ordinance is hereby adopted:
SECTION I
The projects
authorized are Transit Capital and Planning Grants, more specifically known as
Federal Transit Administration Grant NC‑90‑X143, awarded under the
Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991 and from a
pass through agreement with the City of Durham dated September 1, 1991. The projects provide funds for transit
planning and capital activities.
SECTION II
The Manager of the
Town of Chapel Hill is hereby directed to proceed with the implementation of
the project within the terms of the grant agreements executed with the Federal
Transit Administration, the North Carolina Department of Transportation, the
City of Durham and within the funds appropriated herein.
SECTION III
The following revenue
is anticipated to be available to the Town to complete activities as outlined
in the project application.
Section 8
City of Durham (FTA & NCDOT) $43,030
Town of Chapel Hill (local match)
4,845
───────
Total $47,875
Section 9
Federal Transit Administration $74,066
N.C. Department of Transportation
9,258
Town of Chapel Hill (local match)
9,258
───────
Total $92,582
SECTION IV
The Manager is
directed to report annually on the financial status of the project in an
informational section to be included in the Annual Report. He shall also keep the Council informed of
any unusual occurrences.
SECTION V
Copies of this
project ordinance shall be entered into the Minutes of the Council and copies
shall be filed within 5 days of adoption with the Manager, Finance Director and
Town Clerk.
This the 12th day of
October, 1992.
AN ORDINANCE AMENDING
THE CHAPEL HILL DEVELOPMENT ORDINANCE REGARDING DESIGN REVIEW BOARD COMPOSITION
(92-10-12/O-4)
WHEREAS, the Council
of the Town of Chapel Hill has considered the proposed amendment to the Chapel
Hill Development Ordinance to modify the composition of the Design Review
Board, and finds that the amendment is appropriate due to changed or changing
conditions in a particular area or in the jurisdiction generally and achieves
the purposes of the Comprehensive Plan;
NOW, THEREFORE, BE IT
ORDAINED that the Chapel Hill Development Ordinance shall be amended as
follows:
SECTION I
AMEND Subsection
25.7.7 (B) to read as follows:
B. Board Representatives
The
Planning Board, Parks and Recreation Commission, Transportation Board,
Greenways Commission, Appearance Commission, and Historic District Commission
shall each designate one representative from their respective boards to be
members of the Design Review Board.
SECTION II
That all ordinances
and portions of ordinances in conflict herewith are hereby repealed.
This the 12th day of
October, 1992.
A RESOLUTION CLOSING
A SECTION OF THE MCGREGOR DRIVE RIGHT-OF-WAY (92-10-14/R-10)
WHEREAS, the Council
on June 22, 1992 adopted a resolution of intent to consider closing
approximately 435 feet of the McGregor Drive right-of-way as shown on Orange
County Tax Map 27, and adjacent to Block A, Lots 1 and 1A, which said
right-of-way is approximately 60 feet wide; and
WHEREAS, a public
hearing was held on September 21, 1992 to receive public comment; and
WHEREAS, closing this
part of McGregor Drive right-of-way would not be contrary to the public
interest; and individuals owning property in the vicinity of the right-of-way
would not be deprived of reasonable means of ingress and egress to his or her
property by the closing of said right-of-way;
NOW, THEREFORE, BE IT
RESOLVED by the Council of the Town of Chapel Hill that the Council hereby
adopts this order pursuant to North Carolina General Statutes 160A-299,
permanently closing a part of the McGregor Drive right-of-way subject to the
reservation of any necessary utility easement, which shall be shown on a plat
to be provided by the party requesting the right-of-way closure, approved by
the Chapel Hill Engineering Department, and recorded with the Orange County Registrar
of Deeds.
BE IT FURTHER
RESOLVED that the right-of-way closure plat shall be recorded in the Orange
County Register of Deeds simultaneously with the recordation of the new road
right-of-way as shown on the final plat associated with the Erwin Village
preliminary plat subdivision approval of June 22, 1992.
This the 12th day of
October, 1992.
Item 13 Information Report
Council Member Rimer
expressed concern about the projected increase in water usage between 1990 and
2000. Council Member Andresen inquired
whether the university's conservation measures also applied to the hospital
complex. Mr. Horton said he was not
certain whether the university hospital utilized similar measures. Council Member Brown inquired about a large
difference in projected future daily water usage by the University's boiler
plant. Ms. Berndt said projected water
usage would decrease as fine-tuning occurred.
Mayor Broun noted
that a Joint Planning public hearing would be held on Wednesday, October 14th
at 7:30 p.m. at the Culbreth Middle School.
No report followed a brief executive session.
The meeting concluded
at 11:15 p.m.