MINUTES OF A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA, MONDAY, MAY 22, 1995 AT 7:00 P.M.

 

Mayor Broun called the meeting to order.  Council Members in attendance were Joyce Brown, Joe Capowski, Mark Chilton, Pat Evans, Lee Pavão, Barbara Powell, Jim Protzman and Rosemary Waldorf.  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.

 

Ceremony

 

Mayor Broun thanked participants in the Town's recent Gun Buyback ("Buy Back the Hill") Program, including law and undergraduate students, Chapel Hill High School students and Town Police Officers.  He noted that over one hundred guns had been collected and made inoperable to ultimately form a piece of sculpture.  Mayor Broun also commended members of the Buy Back the Hill Task Force for their efforts.  Task Force Chairperson Allan Baddour thanked all of the Task Force members and the Council for their efforts.  He noted that contributions to the program would be greatly appreciated.

 

                        Item 3  Petitions

 

Council Member Evans said she would be willing to serve on the Orange County Economic Development Commission's Strategic Plan Committee.  Council Member Brown also said she was interested in serving on this committee.  Mayor Broun suggested that Council Members Brown and Evans get together to further discuss the matter.

 

Phil Post, representing Blue Cross and Blue Shield of North Carolina, requested the Council's assistance in determining whether or not a future interchange would be required by the Town along the U.S. 15-501 corridor.  Council Member Brown inquired about the status of phase II of the US 15-501 corridor study.  Mayor Broun said this was very much in the preliminary stage.  He also said it was unlikely that the study would yield anything definitive for a number of months.  Mayor Broun requested a staff report on the petitioner's request.  Council Member Brown suggested receiving public comment on the proposal.

 

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO RECEIVE AND REFER MR. POST'S PETITION.

 

Council Member Capowski inquired when an answer was needed.  Mr. Post said a response was needed by the end of June, but hopefully sooner.  Council Member Capowski said he would vote against the motion because he did not think it was possible to provide a response by the end of June.  Mr. Horton said he believed staff could report back at the Council's June 12th meeting.  He added that it might be possible to reach a realistic conclusion on the matter given the inadequacy of information about interchange-related options.

THE MOTION TO RECEIVE AND REFER WAS ADOPTED BY A VOTE OF 8-1, WITH COUNCIL MEMBER CAPOWSKI VOTING NO.

 

Susan McClanahan, a volunteer for KidScope, an Orange County program for children with emotional and behavioral problems, said her organization was interested in the potential use of the former library building for program activities and administrative offices.  She noted that the Human Services Advisory Board had identified these types of services as a priority in its recommendations to the Council.

 

Mayor Broun suggested that the Council consider this option as one possibility for reuse of the former library building.

 

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO INCLUDE KIDSCOPE'S PROPOSAL IN THE LIST OF POSSIBLE REUSES FOR THE FORMER LIBRARY BUILDING.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Carole Hazard urged the Council to initiate steps to have a traffic signal installed at the intersection of U.S. 15-501 and Mason Farm Road.  She said neighborhood residents would greatly appreciate efforts in this regard.  Mayor Broun said Town staff would continue to work with State Department of Transportation officials on this matter.

 

Chris Carlson said she opposed a change in position reclassification for Town EZ-Rider drivers from grade 16 to grade 15.  Stating that EZ-Riders served a largely ability-challenged clientele, Ms. Carlson said EZ-Rider drivers had a greater level of responsibility than drivers of other small buses which were used for purposes of position classifications.

 

Laurie Mitchell asked the Council to review an employee appeal to the Town Manager concerning proposed reclassification of the EZ-Rider driver position title from grade 16 to grade 15.  Ms. Mitchell said the drivers encountered hazardous situations each day, including the frequent handling of body fluids.  She urged interested Council Members to ride with an EZ-Rider driver for a day.  Stating that he had met with the EZ-Rider drivers on Friday, Mr. Horton said he expected to reach a conclusion concerning their position reclassification appeal in the near future.  Council Member Brown requested a report on the Manager's conclusions.

 

James Goldstein expressed concern about increases in line item spending between 1992-93 and 1995-96 for business meetings and training and dues and subscriptions.  He urged the Council to reduce both line items as soon as possible.  Mr. Goldstein also said he believed that the staff's report indicating that salaries for Town employees were not competitive was seriously flawed.

 

 

                   Item 4  Consent Agenda

 

COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO ADOPT THE CONSENT AGENDA AS PRESENTED.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION ADOPTING VARIOUS MINUTES AND RESOLUTIONS (95-5-22/R-1)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the following minutes and resolutions as submitted by the Town Manager in regard to the following:

 

     a.   Minutes of April 7, 10, 17, 20, 24, 26 and May 1.

     b.   Cable television rates for basic service, service calls and converter box rental (R-2).

     c.   Accepting Greenways Commission's recommendations and deferring consideration of Triangle Land Conservency's proposal to May 31st Council budget worksession (R-3).

     d.   Renewal of Teen Center lease (R-4).

     e.   Application for library capital (LSCA) grant (R-5).

     f.   Merritt Mill Road sidewalks and curbs (R-6).

 

This the 22nd day of May, 1995.

 

 

A RESOLUTION ADOPTING ORDERS REGARDING CERTAIN CABLE TELEVISION RATES UNDER FEDERAL REGULATIONS (95-5-22/R-2)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council adopts the rate orders as submitted to the Council by the Town Manager on May 22, 1995 and as prepared by the City of Raleigh staff in documents dated April 28 and May 1, 1995 regarding basic, equipment and installation-related rates.

 

This the 22nd day of May, 1995.

 

 

A RESOLUTION ACCEPTING THE GREENWAYS COMMISSIONS RECOMMENDATIONS AND DEFERRING CONSIDERATION OF THE TRIANGLE LAND CONSERVANCY PROPOSAL TO THE TOWN COUNCIL WORK SESSION OF MAY 31, 1995 (95-5-22/R-3)

 

WHEREAS,  the Town Council requested the Greenways Commission to review a proposal from the Triangle Land Conservancy; and

 

WHEREAS, the Greenways Commission has reviewed the proposal and has made its recommendation; and

 

WHEREAS, the Town Council will review the proposed budget at its budget work session of May 31, 1995;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby accepts the Greenways Commission's recommendations concerning the Triangle Land Conservancy's proposal to use Town funds to assist in the implementation of the New Hope Corridor Master Plan.

 

BE IT FURTHER RESOLVED that consideration of the Triangle Land Conservancy's proposal is deferred until the May 31, 1995 Council work session.

 

This the 22nd day of May, 1995.

 

 

A RESOLUTION RENEWING A LEASE FOR A PORTION OF THE POST OFFICE/COURT BUILDING FOR USE AS A TEEN CENTER (95-5-22/R-4)

 

WHEREAS, the Council of the Town of Chapel Hill, on May 16, 1994, pursuant to G.S. 160A-272, authorized the Manager to enter into a lease for a portion of the Post Office/Court Building for a Teen Center; and

 

WHEREAS, the term of said lease was for one year, beginning on April 16, 1994, and ending on April 16, 1995; and

 

WHEREAS, Franklin Street Teen Center, Inc. entered into a lease with the Town for approximately 2,400 square feet of space in the basement of the Post Office/Court Building on April 16, 1994, and has requested that the lease be renewed;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves of, and authorizes the Town Manager to enter into on behalf of the Town, a renewal agreement for the lease to the Franklin Street Teen Center, Inc. of ap­proximately 2,400 square feet in the basement of the Post Office/Court Building, at 179 East Franklin Street, for the operation of a Teen Center, for a term of one year commencing on June 1, 1995, said agreement to contain language substantially the same as contained in the attached lease agreement.

 

This the 22nd day of May, 1995.

 

 

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO SUBMIT A LIBRARY SERVICE AND CONSTRUCTION ACT (LSCA) GRANT APPLICATION FOR AUTOMATION EQUIPMENT AND TO CONTRACT FOR SERVICES IF THE GRANT IS AWARDED (95-5-22/R-5)

 

WHEREAS, the current library automation system's central processing unit needs to be replaced with one of greater capacity, and

 

WHEREAS, award of an LSCA Automation grant could provide up to 50% or $41,500 of the Town's anticipated cost of equipment replacement,

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager be authorized to submit a Library Service and Construction Act grant application for automation equipment.  

 

BE IT FURTHER RESOLVED that the Town Council authorize the Manager to contract for services if the grant is awarded.  

 

This the 22nd day of May, 1995.

 

 

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO PETITION THE CARRBORO BOARD OF ALDERMEN FOR THEIR AUTHORIZATION TO CONSTRUCT CURB AND SIDEWALK IMPROVEMENTS WITHIN THE CARRBORO TOWN LIMITS AND TO COORDINATE STATE AND LOCAL FUNDING RESOURCES FOR CONSTRUCTION OF CURB AND SIDEWALK IMPROVEMENTS ON MERRITT MILL ROAD AND AT LOCATIONS IN THE DOWNTOWN AREA (95-5-22/R-6)

 

WHEREAS, the Chapel Hill Town Council has expressed its desire to have sidewalk constructed along one side of Merritt Mill Road between Cameron Avenue and West Franklin Street; and

 

WHEREAS, the Council has received a petition requesting that sidewalk and street improvements on Merritt Mill Road be extended from West Franklin Street to Rosemary Street; and

 

WHEREAS, local funding is available for sidewalks and State funding is available for street improvements;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is authorized to petition the Carrboro Board of Aldermen for their authorization to construct curb and sidewalk improvements within the Carrboro Town limits; and

 

BE IT FURTHER RESOLVED that the Town Manager is authorized to coordinate the use of State and Local funding in conjunction with design and construction work by Town forces for street and sidewalk improvements on Merritt Mill Road between Cameron Avenue and Rosemary Street and at locations in the downtown area.

 

This the 22nd day of May, 1995.

 

Information Reports

 

Council Member Capowski said a traffic signal was definitely needed at the intersection of US 15-501 and Mason Farm Road.  He also noted that the accident frequency rate at US 15-501 and NC 54 was very high.

 

 

 

 

                   Item 5  Boards and Commissions

 

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO NOMINATE ALL APPLICANTS FOR APPOINTMENT CONSIDERATION TO THE DESIGN REVIEW BOARD.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO NOMINATE ALL APPLICANTS FOR APPOINTMENT CONSIDERATION TO THE LIBRARY BOARD OF TRUSTEES.  THE MOTION WAS ADOPTED UNANIMOUSLY

(9-0).

 

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO NOMINATE ALL APPLICANTS FOR APPOINTMENT CONSIDERATION TO THE PLANNING BOARD.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Board of Adjustment

 

Council Member Evans said the Council's Screening Committee recommended the appointment of Thomas Carson and Mary Jo Bateman as full members and William Fleming and Richard Westland as alternate members.

 

MARY JO BATEMAN AND THOMAS CARSON WERE APPOINTED AS FULL MEMBERS AND WILLIAM FLEMING AND RICHARD WESTLAND WERE APPOINTED AS ALTERNATE MEMBERS.  ORIGINAL (SIGNED) VOTING BALLOTS ARE ON FILE IN THE TOWN CLERK'S OFFICE.

 

Council Member Evans noted that one alternate seat in Orange County's planning jurisdiction remained unfilled.

 

Human Services Board

 

CANDACE ASHTON-SHAEFFER, JOHN BIRKHOLZ, MILDRED COUNCIL AND SARAH KOGUT WERE APPOINTED TO THE HUMAN SERVICES ADVISORY BOARD.  ORIGINAL VOTING BALLOTS ARE ON FILE IN THE TOWN CLERK'S OFFICE.

 

Parks & Recreation Commission

 

GARY BARNES, HAL COOPER, MARTIN FEINSTEIN, MARJORIE GORDON AND DEAN WEISENSTEIN WERE APPOINTED TO THE PARKS AND RECREATION COMMISSION. ORIGINAL VOTING BALLOTS ARE ON FILE IN THE TOWN CLERK'S OFFICE.

 

Appointments to Transportation Board

 

Council Member Capowski said he recommended appointing the University Parking Director, Michael Klein, to the Transportation Board.  Council Member Brown noted that Mr. Klein had been offered an ex-officio membership on the Board.  She noted that Mr. Klein had declined this offer in his capacity at the University's Parking Director.  Mr. Horton noted that University Associate Vice-Chancellor Bruce Runberg had served as an ex-officio member of the Board.

 

Council Member Chilton said he strongly recommended appointment of Jeffrey Obler to the Board.  He noted that Dr. Obler was a frequent rider of the local transit system.

 

TIMM CROWDER, STEVE MANTON AND JEFFREY OBLER WERE APPOINTED TO THE TRANSPORTATION BOARD.  ORIGINAL (SIGNED) BALLOTS ARE ON FILE IN THE TOWN CLERK'S OFFICE.

 

Item 6  East Entranceway (NC 54) Comprehensive Plan Component

 

Mr. Horton stated that at the Council's request, staff had prepared some revisions to previous language concerning the NC 54 entranceway corridor. 

 

Noting that some citizens had signed up to speak on the item and that the Council had previously announced its intention to hold a work session this evening, Mayor Broun said citizens would be able to address the Council at another meeting in the future.  He suggested that the Council consider reviewing Council Member Brown's proposal line by line as a starting point for discussions.

 

Council Member Protzman inquired whether the recently completed report on sustainability had been incorporated into the Town's Comprehensive Plan.  Mr. Horton said the Council had not taken any action in this regard.

 

Mayor Broun said although he liked the overall approach taken by Council Member Brown, it appeared some items might be too specific to fit well into a comprehensive plan.  He added that many of the ideas were very sound and could perhaps be included in a more general form.  Council Member Brown inquired about the possibility of reviewing the report section by section.  Mayor Broun said he had no problem with this approach.  Stating that many citizens had worked for a long period of time on the East Entranceway Report to the Council, Council Member Protzman inquired why this document should not be used as a starting point for discussions.  Council Member Brown stated that her proposal provided a broad view and encompassed many of the items in the East Entranceway Task Force's report to the Council.

 

Council Member Chilton said he had read through both documents and was much more drawn to Council Member Brown's proposal as a starting point for discussions.  He stated that this document was generally more specific and clearer.  Council Member Chilton suggested that the Council receive public comments on the proposed document at the June 12th regular Council meeting.  Council Member Capowski expressed his general concurrence with Council Member Chilton's remarks.  He also said Council Member Brown's document was better in terms of providing intensity and balance.

 

Council Member Evans said although she was a strong advocate of many sustainability principles outlined in a recent report to the Council, there had been no Council public hearings on the subject

of sustainable development.

 

Council Member Brown said she found it ironic that concerns were being expressed about the use of the term "sustainable".  She expressed hope that the Council would not get caught up on words in reviewing the documents before the Council this evening.

 

Council Member Pavão expressed concern that casting aside the East Entranceway Task Force's report might set a precedent which could potentially make boards and commissions ineffectual.  He also said it was unfair for the Task Force to provide guidance to the Council without the Council reviewing these recommendations and information in detail.

 

Council Member Powell said she believed that Council Member Brown had done a very good job of outlining topics item by item for discussion by the Council.

 

Council Member Waldorf said both documents needed to be discussed this evening, with special attention being paid to the East Entranceway Task Force report.  She suggested that the Council's key objectives to preserve and protect the entranceway, to provide some flexibility for the Council in what could be done with the entranceway and to decide on a desirable mix of uses for the area.

Mayor Broun said he believed that the three points suggested by Council Member Waldorf were a good starting point for discussions.

Council Member Protzman said it might be best to discuss matters in the most open-ended manner possible.  He noted that the use of terms such as "hotel" when discussing possible uses along the entranceway could serve as a lightning rod for many different responses.

 

Council Member Capowski said each person had their own definition of words such as "balance" and "scale".  He also said a matter for the Council to consider was whether or not to have sufficient non-residential uses for immediate residents only or for citizens from a much broader area.

 

Council Member Brown said both language and definitions were very important.  Citing the fifth item in the first section which used the term "primarily", Council Member Protzman said this was an example of a word which could be construed in a number of different ways.

 

Mayor Broun asked whether there was Council consensus concerning Council Member Waldorf's initial propositions.  Council Member Brown said this depended on how mixed uses were developed. Council Member Capowski said he also desired a refinement of the term of mixed use.  Council Member Waldorf said she believed this was spelled out conceptually in the two draft documents.  Mayor Broun said he believed it would be beneficial to discuss the term "mixed use" in terms of providing greater specificity to this term.

 

Council Member Chilton said he believed the Council should review Council Member Brown's draft document line by line.

 

Council Member Evans said she generally concurred with Council Member Waldorf's three proposed objectives.  Council Member Evans also said she preferred to incorporate some of Council Member Brown's language into the Task Force's proposal.

 

Mayor Broun suggested deleting the word "particularly" from the first paragraph of Council Member Brown's draft document.  Council Member Brown expressed her concurrence with this suggestion.  Mayor Broun suggested that the term "in fine grain" might be misinterpreted by some persons.  Council Member Protzman suggested removing the entire sentence containing the words "in fine grain" from the document.  He stated that being so specific might exclude the possibility of specific types of buildings such as hotels. Council Member Chilton said he disagree with this to a certain extent, since some tracts of land might be so small that they could not accommodate some types of mixed-use development.  Mayor Broun said it might be useful to use qualifiers in some parts of the draft document. Council Member Protzman concurred saying this would provide some control and flexibility.

 

Council Member Powell said she thought it would be desirable for commercial and retail uses and housing to be in joint areas, rather than having large separate zones.  Council Member Protzman asked whether a one block area would be considered a zone.  Council Member Powell said this would have to be decided by the Council.

 

Council Member Capowski said that NC 54 would be a barrier between portions of a large development.  He said this would pose special challenges for bicyclists and pedestrians to get between the parts of the development across NC 54.  Mayor Broun noted that NC 54 was not on any highway improvement program lists in the near future.  Council Member Capowski inquired about the possibility of a tunnel under NC 54 for bicyclists and pedestrians.  Mayor Broun noted that the State of North Carolina was open to projects not involving State funding.

 

Council Member Brown said there appeared to be general agreement with the concepts in her draft plan.

 

Council Member Chilton suggested prefacing all items in the second section on the first page with the qualifier "where practical and appropriate to the site".   Council Member Waldorf said she agreed with taking a more general approach since the Comprehensive Plan was a guideline rather than a code book which gave clear direction.

Mayor Broun said he concurred with Council Member Chilton's suggestion.  Council Member Chilton suggested that the third item in the second section be change to "office' instead of "commercial".

 

Council Member Protzman inquired about Council Member Brown's definition of the term "neighborhood" in the document.  Council Member Brown said it was her intent to allow flexibility for different types of neighborhoods.  Council Member Evans inquired whether or not the third item in the second section was contingent upon the size of development.  Council Member Chilton suggested adding the words "for example" to the fourth item of the second section.  Mayor Broun said there appeared to be Council concurrence on this point.

 

Council Member Chilton said he concurred with Council Member Protzman about the use of the term "primarily" in the fifth item of the second section.  He stated that mixed-use developments reduced the need to go to other parts of Town to receive services.

 

Mayor Broun inquired whether it would be acceptable to locate a hotel in the area.  Council Member Chilton said this would depend upon the scale of the hotel.  Council Member Evans said people could possibly walk from meetings to the hotel.  Council Member Chilton noted that the Friday Center was within reasonable walking distance of undeveloped property in the area. 

 

Mayor Broun noted that it might not be commercially feasible for certain retail establishment to only accommodate neighborhood needs.  Council Member Protzman noted that merchants at establishments such as Fearrington Village were dependent on outside traffic beyond residents of the village.

 

Council Member Evans asked whether the definition of mixed use would include facilities such as a hospital administration (office) building.  Mayor Broun said he hoped the plan could provide the Council with a maximum of flexibility in determining the mix of buildings.

 

Referring to the fifth item in the second section, Council Member Capowski said "primarily" referred to where the bulk of tenants and customers would originate.  Council Member Chilton suggested that the item be modified to indicate that there would not be major office and retail developments located along the NC 54 East Entranceway corridor.  Mayor Broun inquired whether there was Council consensus that the desirable scale for retail and commercial was similar to establishment in the Fearrington Village area.  Council Member Evans said it would be necessary to have a different scale for office development in order to make this element economically viable.  Council Member Protzman expressed his concurrence.

 

 

Mayor Broun said he had problems with the term "every street" in the draft document.  Council Member Chilton suggested inserting the modifier "where practical and appropriate".

 

Council Member Capowski said he did not want developments along the corridor to be strip centers serving traffic along NC 54. 

 

Mayor Broun suggested removing the words "which will limit the number of parking spaces" from item 4 in section b.  Council Member Brown suggested that the Council carefully consider the concept of limiting the number of parking spaces.  Council Member Chilton said he also believed that limiting the number of parking spaces was a relevant issue.

 

Mayor Broun also said he was concerned about whether a street grid pattern was practical, given the area's topography.  Council Member Waldorf said the language offered in the entranceway report on this matter was quite good.   Council Member Chilton suggested that grid patterns could be developed which were appropriate to the area's topography.

 

Mayor Broun noted that the fourth item in the third section appeared to address concerns about cut-through traffic.  Council Member Brown said she was emphasizing the importance of not destroying existing neighborhood patterns.  Council Member Chilton noted that he continued to oppose a possible connection to Pinehurst Drive.

 

Council Member Capowski said although Estes Drive had originally been designed as a neighborhood street, it was now used as a major cut-through street.  He stated that the Council wanted to strongly discourage major cut-through streets through neighborhoods.

 

Council Member Powell said she strongly favored including language about protecting the tranquility of neighborhoods.  Council Member Protzman suggested adding the word "unduly" to the fourth item in the third section, between the words "to" and "impinge".   Council Member Brown said it was important for the Council to have sufficient flexibility to move forward.

 

Council Member Protzman stated that it was a good idea to reiterate the concept that retail and commercial developments should not serve as magnets for commuters as was the case for the Fearrington Village development.  Council Member Brown said Fearrington Village was not a mix of office, residential and retail uses.  Council Member Protzman said many citizens felt that Fearrington Village would be an appropriate development scale for the NC 54 entranceway.   Council Member Chilton suggested striking out the words "not serve as magnets for commuters" from this item.  Council Member Capowski suggested inserting the word "primarily" between the words "serve' and "as".

 

Mayor Broun inquired about the Council's wishes concerning limitations on the number of parking spaces.  Council Member Chilton said providing limited parking would assist in lessening the volume of motor vehicle traffic.  Council Member Brown expressed her concurrence. 

 

Council Member Capowski inquired whether the Council wished to insert an item to indicate the undesirability of multiple traffic signals along the NC 54 entranceway corridor.  Council Member Chilton said the anticipated development of a collector road north of NC 54 might address this somewhat.  Council Member Capowski asked whether the Council wished to address the possible connector road between NC 54 and US 15-501 in the document.  Council Member Chilton said this was referenced on page three of the document. 

 

Mayor Broun inquired whether the Council's desire was to have no building occur on meadow lands along the entranceway corridor.

Council Member Brown said she was recommending language suggested by the Sierra Club, to "Maintain and reinforce ridge lines and edges of the meadows" and to "Preserve the meadows and green space on both the north and south sides of NC 54".  Council Member Protzman inquired whether developers would be required to restore meadows if development was proposed in these areas.  Mayor Broun suggested that the plan have a goal of meadows restoration.  Noting that there were no meadowlike lands currently along the corridor, Council Member Protzman inquired about the goal of this language.  Council Member Brown said the word "meadows" was being used for a general identification of land bordering the entranceway.  Council Member Chilton said it would be desirable to have a pastoral landscape area along the east entranceway corridor.  Council Member Chilton also said he supported language to preclude development in meadows and green space along the south side of NC 54.  Council Member Capowski expressed his concurrence that this scenic vista to the south of NC 54 should be preserved.

 

Council Member Waldorf inquired about the Council's wishes concerning the interplay between buildings and greenery along the entranceway corridor.  Council Member Chilton suggested deleting the item to preserve meadows and green space on the north and south sides of NC 54.  Council Member Capowski noted that about $400,000 of taxpayer's money had been expended to buy meadow land in the southern part of the Town.  Council Member Capowski said he thought it was important to note the desirability of preserving green space on the south side of NC 54.

 

Council Member Chilton suggested removing the section concerning sustainability from the planning document and discussing this matter separately at the June 12th meeting.  Council Member Brown said it was important to begin to develop a base of information about sustainable development.  Mayor Broun said the Council could discuss sustainability at the June 12th Council meeting.

 

Council Member Waldorf suggested adding language about the desirability of developing a public park along the entranceway.

 

Mayor Broun inquired about the Council's comments on the concept of "fine grains".  Council Member Chilton said he preferred that uses be mixed in fine grains, rather than having large separated zones.  Council Member Capowski said he liked the concept of "fine grains". 

Mayor Broun inquired whether Council Member Brown was proposing having separate neighborhoods within developments.  Council Member Brown said this was correct, adding that this concept would play a role in reducing traffic volume.

 

Mayor Broun stated that a draft of the revised draft comprehensive plan for the east entranceway could be distributed to the Council on May 23rd.  He also said boards and commissions could present their comments on the east entranceway comprehensive plan at the June 12th meeting.  Mayor Broun also stated that it was important to have work sessions on the proposed Meadowmont development application in the near future.

 

Council Member Capowski said it was important for the Council to take all necessary steps to minimize automobile traffic along the east entranceway corridor.  Council Member Chilton said it was appropriate to avoid placing drives on main collector roads.

 

Mayor Broun noted that a draft of the revised plan would be circulated based on this evening's Council discussion, with the Council to receive comments from boards and commissions, staff and citizens by or at the June 12th Council meeting.  Council Member Brown said it was important for the public to receive documents in sufficient time for adequate review.  Mayor Broun said the document would be circulated as widely as possible within one week.  He also suggested that it would preferable to hold one or two work sessions with the Meadowmont applicant prior to the Council's summer break.

 

Council Member Waldorf said this made sense, since no final decision would be made prior to the Council's summer break. Mayor Broun said the Council could hold a public hearing some time after the summer recess.  Council Member Protzman suggested holding two work sessions, rather than one.  Council Member Pavão expressed his concurrence.

 

Mr. Horton said staff would begin notifying boards and commissions of their need to review the draft document as soon as possible.  He also stated that drafts of the revised document would be distributed to the Council and other interested parties as soon as possible.  Mayor Broun thanked the Council for a good work session.

 

 

 

 

Foxhill Subdivision

 

Mr. Horton said the proposal was to subdivide five acres into eleven lots.  Mr. Waldon stated that the subject property was on the outskirts of the developed portion of the community.  He noted that in the initial report to Council, staff had recommended that the applicant provide a number of roadway improvements.  Mr. Waldon said staff had considered the applicant's request and had revised the staff recommendation to require the developer to dedicate right-of-way and an extra strip of asphalt for a bicycle lane.

 

Phil Post, the applicant's representative, urged the Council to adopt Resolution A.

 

Council Member Capowski said he believed the Council should require the developer to provide curb and guttering, rather than transferring this responsibility to future area residents.  Stating that there was a subdivision on the other side in Carrboro's Town limits, Council Member Evans said she believed curb and guttering could be installed on both sides of the road in the future.

 

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO CLOSE THE HEARING.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO ADOPT RESOLUTION 8A.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION APPROVING THE PRELIMINARY PLAT FOR FOX HILL SUBDIVISION (File:  23.C.25A) (95-5-22/R-8a)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Fox Hill Subdivision proposed by the Thomas C. Tucker on property identified as Chapel Hill Township Tax Map 23, Block C, Lot 25A, if developed according to the Subdivision Plan dated September 28, 1994 (revised January 2, 1995), and the conditions listed below would comply with the provisions of the Development Ordinance.  This finding is conditioned on the following:

 

           Stipulations Specific to the Development

 

1.   A.   That half of an 75 foot right-of-way be dedicated along the subject property's Rogers Road frontage.

 

     B.   That the developer provide a payment-in-lieu of providing required recreation area, in accord with Section 17.9.5 of the Development Ordinance.

 

     C.   That driveway access directly to Rogers Road and to Street A be prohibited.  All driveway access shall be to Street B.

 

2.   Required Improvements:

 

     A.   That Rogers Road be improved to add a 5' bike lane and a sidewalk along the subject property's frontage.

 

     B.   That a new fire hydrant be provided at the northeast corner of Lot 1.

 

     C.   That Streets A and B be built to Town standards with a 27 foot cross-section including curb and gutter and sidewalk along one side of each street.

 

     D.   That a T-turnaround be built to Town standards at the southern terminus of Street B, and that a temporary easement for the T-turnaround be recorded on the final plat.

 

Stipulations Related to State and Federal Government Approvals

 

3.   State or Federal approval(s):  That any required State or Federal 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 prior to issuance of a Zoning Compliance Permit.

 

          Stipulations Related to Landscape Elements

 

5.   Landscape Plan Approval:  That a detailed landscape plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.  The detailed landscape plan shall comply with the following landscape buffer requirement:

 

       -  Type C buffer (minimum 20 feet wide) along the subject property's Rogers Road frontage.  The buffer will include a serpentine, landscaped earthen berm, the design of which is to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

 

     The required landscape buffer shall be located within a landscape easement on those lots with Rogers Road frontage.  A note shall be included on the final plat indicating the presence of the landscape buffer easement on those lots with Rogers Road frontage.

 

6.   Landscape Protection Plan:  That a Landscape Protection Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

 

   Stipulations Related to Water, Sewer and Other Utilities

 

7.   Utility/Lighting Plan Approval: That the final utility plan be approved by the Orange Water and Sewer Authority, the Public Service Company, Duke Power Company, Southern Bell, the local cable television company, and the Town Manager before issuance of a Zoning Compliance Permit.  The property owner shall be responsible for assuring these utilities, including cable television, are extended to serve the development.

 

8.   Utility Service Laterals for Preliminary Plat applications:  That prior to paving streets, utility service laterals (including cable and telephone) shall be stubbed out to the front property lines of each lot.  Sanitary sewer laterals shall be capped off above ground.

 

9.   OWASA Easements for Preliminary Plat applications:  That easement documents as required by OWASA and the Town Manager be recorded before final plat approval.

 

10.  Fire Flow:  That a fire flow report prepared by a registered professional engineer, showing that flows meet the minimum requirements of the Design Manual, be approved prior to issuance of a Zoning Compliance Permit.

 

                  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.  Homeowners' Association:  That a Homeowners' Association be created that has the capacity to place a lien on the property of a member who does not pay the annual charges for maintenance of common areas, however designated.  The Homeowners' Association documents shall be approved by the Town Manager, recorded at the Orange County Register of Deeds Office, and cross referenced on the final plat.

 

13.  Detailed Plans:  That final detailed site plan, grading plan, utility plan, stormwater management plan (with hydraulic calculations), landscape plan and landscape management 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.

 

14.  Streetlighting Plan:  That a streetlighting plan be developed in cooperation with Duke Power Company and submitted to the Town for review and approval prior to issuance of a Zoning Compliance Permit.

 

15.  Certificates of Occupancy:  That no Certificates of Occupancy be issued until all required public improvements are completed; and that a note to this effect shall be placed on the final plat.

 

     If the Town Manager approves a phasing plan, no Certificates of Occupancy shall be issued for a phase until all required public improvements for that phase are complete; no Building Permits for any phase shall be issued until all public improvements required in previous phases are completed to a point adjacent to the new phase; and that a note to this effect shall be placed on the final plat.

 

16.  Sight Triangle Easements:  That sight triangle easements be provided on the final plat.

 

17.  For Developments with New Streets-Traffic Signs:  That the property owners shall be responsible for placement and maintenance of temporary regulatory traffic signs including street name signs before issuance of any Certificate of Occupancy until such time that the street system is accepted for maintenance by the Town.

 

18.  For Developments with New Streets-Names, Numbers:  That name of the development and its streets and house/building numbers, be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

 

19.  Erosion Control:  That a soil erosion and sedimentation control plan be approved by the appropriate State authority, and documentation certifying that approval be submitted to the Town, before issuance of a Zoning Compliance Permit.

 

20.  Silt Control:  That the applicant take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.

 

21.  Continued Validity:  That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.

 

22.  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 Council hereby approves the preliminary plat for the Fox Hill Subdivision in accordance with the plans and conditions listed above. 

 

This the 22nd day of May, 1995.

 

Museum Study Committee

 

Council Member Pavão thanked the members of the Museum Study Committee for all of their hard work.  He urged the Council to give serious consideration to the Committee's recommendations.

 

Committee Chairperson Lee Corum introduced Committee Member James Harler to present the Committee's report.

 

James Harler said the Museum Study Committee had been formed in April, 1994 by Council resolution in order to investigate the possibility of establishing a Town museum in the former library building on East Franklin Street.  He noted that the Committee had submitted its interim report to the Council in October, 1994.  Mr. Harler stated that the Commission had investigated two organizational models for museums, those owned and operated by municipalities and museums which were privately owned but operated as municipal facilities.  He noted that the former model offered tighter control but involved additional costs for staffing.  Mr. Harler said the Committee recommended a six-year, four-phase overlapping and sequential plan, based on well-defined marketing and fundraising goals.  He noted that specific details for the plan were contained in the report presented to the Council this evening.

 

Mr. Harler said the Committee felt that the former library building was well-suited for a museum in many respects, with the two key weaknesses being the lack of on-site parking and on-site storage.

He stated that a vibrant, vigorous volunteer program would help to reduce the need for paid museum staff.  Mr. Harler said it was virtually impossible to pinpoint an exact budget for the proposed museum.  He stated that there was a wealth of local assistance available to start up a local museum.  Mr. Harler said the Committee felt that fundraising and marketing plan strategies were essential to the long-term planning of a museum.

 

Mr. Harler presented an overview of the Committee's recommendations, noting that the Committee was asking the Council to pledge the former library building for a museum contingent upon successful fundraising.  Mr. Harler stated that the Committee proposed an initial two year planning phase, with the Chapel Hill Historical Society continuing to occupy the building during this period.  He said the Committee's main objective was to preserve and present history to citizens through the establishment of a community museum.

 

Mayor Broun thanked the Committee for an excellent presentation and report.  Council Member Chilton also thanked the Committee for its report.  Council Member Chilton said he was certain that Council Members would have questions once they had an opportunity to read through the Committee's report and recommendations.

 

COUNCIL MEMBER CHILTON  MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO ADOPT RESOLUTION 9. 

 

Mayor Broun said the report would give the Council plenty of food for thought.  He noted that staff would report back to the Council in due course.  Council Member Pavão invited Committee members to come back for the Council meeting at which the report would be discussed.

 

RESOLUTION 9 WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION ACCEPTING THE MUSEUM STUDY COMMITTEE'S FINAL REPORT AS PRESENTED AT ITS MAY 22 MEETING, REFERRING THE REPORT TO THE TOWN MANAGER AND THANKING THE COMMITTEE FOR COMPLETING ITS CHARGE (95-5-22/R-9)

 

WHEREAS, the Town Council has established a Museum Study Committee to identify specific issues and costs associated with a municipal museum at its 523 E. Franklin Street facility; and

 

WHEREAS, the Museum Study Committee has met an average of twice a month over the past year to gather information and discuss issues associated with the charge put to them by the Town Council; and

 

WHEREAS, the Museum Study Committee has submitted both an Interim Report and a Final Report which provides both detailed background and recommendations on each charge,

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council accepts the Final Report of the Museum Study Committee and refers it to the Manager for review.

 

BE IT FURTHER RESOLVED that the Town Council expresses its sincere appreciation to the members of the Museum Study Committee for their past year of dedicated service in completing the charges put to them by the Town Council.

 

This the 22nd day of May, 1995.

 

Mr. Corum thanked the Council for providing Library Director Ms. Kathleen Thompson as the Committee's staff liaison.  He commended Ms. Thompson for her dedication in helping the Committee complete its report to the Council in a timely and complete fashion. 

 

Regional Transit Authority

 

Mayor Broun noted that Durham City Council Member and Triangle Transit Authority Chairperson Sandy Ogburn was in attendance this evening.

 

Mr. Godding said the resolution before the Council would support the Triangle Transit Authority's recommendations and forward Council comments in developing the final plan to the Authority.  Mr. Godding briefly reviewed the proposed plan and related initial recommendations.  Council Member Protzman noted an error in the staff's memorandum concerning cost projections.  Mr. Horton thanked Council Member Protzman for noting this error.

 

Council Member Capowski inquired who would ultimately make routing decisions.  Mr. Horton said the Council would have a pre-eminent role in decision making.  Triangle Transit Authority (TTA) Director James Ritchey said he would not expect the TTA's decision to go against the Council's decisions.  He added that all rail corridor options should be considered as part of the investment study.

Council Member Capowski inquired about costs for reserving rights-of-way.  Mr. Horton said adopted documents would be the key guide, with there currently being no need to reserve rights-of-way.  Council Member Protzman asked whether it was correct that there was no plan for cloverleafs relative to Blue Cross/Blue Shield's plans.  Mr. Horton said there had been no formal Council action to eliminate this reservation of land.

 

Council Member Evans said some citizens had indicated their top priorities were for connections to the Research Triangle Park and the RDU airport.  Mr. Ritchey said the fixed guideway study would attempt to identify further growth corridors and centers.  He added that expanded, express bus service to the RTP and airport would likely be recommended over a rail system to these two destinations.

Council Member Evans said the cost of developing a light rail system would be astronomical.  She inquired about anticipated costs to system users.  Mr. Ritchey said although the TTA Board had not determined specific fares to date, price modeling suggested that fares would vary between $1 and $3, with passes costing a maximum of $75 to $80 per month.

 

Council Member Chilton noted that "Knightdale" was misspelled in the proposed resolution.  Council Member Protzman noted that a sentence in the attachment to the resolution erroneously contained

an extra word.  Council Member Chilton thanked the Triangle Transit Authority for all of its work.

 

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT RESOLUTION 10, AS AMENDED.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION SUPPORTING THE PRELIMINARY RECOMMENDATIONS FOR A REGIONAL TRANSIT PLAN (95‑5‑22/R-10 )

 

WHEREAS, in 1989, the NC Legislature, Durham, Orange and Wake Counties, the cities of Durham and Raleigh and the Towns of Cary and Chapel Hill, created the Triangle Transit Authority to finance, provide, operate and maintain a safe, clean, reliable, convenient, energy efficient, economical and environmentally sound public transportation system, in order to enhance mobility and encourage sound growth patterns; and

 

WHEREAS, in 1990, during their joint meeting, the Greater Raleigh and Durham‑Chapel Hill‑Carrboro Transportation Advisory Committees adopted a Land Use and Public Transportation Action Agenda in which the Triangle Transit Authority, in coordination with local governments and appropriate regional agencies, was directed to evaluate possible corridors and fixed guideway technologies for potential implementation; and

 

WHEREAS, with the support and funding of the state and the participation of the units of local government, the Triangle Transit Authority received a Federal Transit Administration grant and initiated the Triangle Fixed Guideway Study to determine the desirability, feasibility and location of a fixed guideway transit system; and

 

WHEREAS, the Triangle Transit Authority has worked cooperatively with the public, elected and appointed officials, managers and staff from Durham, Orange and Wake Counties, the Cities of Durham, and Raleigh, the Towns of Cary, Chapel Hill, Apex, Carrboro, Fuquay‑Varina, Garner, Hillsborough, Holly Springs, Knightdale, Morrisville, Rolesville, Wake Forest, Wendell and Zebulon, the NC Department of Transportation, the Triangle Region's Institutions, major employers, economic and real estate development, financial, transportation and other public and private sector agencies, business and community groups, on this Study; and

 

WHEREAS, based on the Study and input received from the public, elected and appointed officials, and public and private institutions, the Triangle Transit Authority has developed Preliminary Recommendations for a Regional Transit Plan;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that:

 

1.   The Town of Chapel Hill expresses its appreciation to Richard Franck and Rachel Willis, who are serving as the Town's appointments to the Triangle Transit Authority's Triangle Fixed Guideway Study Advisory Committee, and for the time and effort of the Town's staff, who continue to work cooperatively with the Triangle Transit Authority.

 

2.   The Town Council has reviewed TTA's Preliminary Recommendations for a Regional Transit Plan, and requests that the Triangle Transit Authority consider the attached comments in preparation of a final Regional Transit Plan.  The Town supports the adoption of the Regional Transit Plan as the Long Range Transit Plan and the incorporation of the Plan in the Long Range Transportation Plan of the Durham/Chapel Hill/Carrboro Transportation Advisory Committee.

 

3.   The Triangle Transit Authority is hereby encouraged to implement Regional Bus Service improvements at the earliest possible date.

 

4.   The Triangle Transit Authority is hereby encouraged to negotiate agreements with the railroads for access to the right‑of‑way for Regional Rail operation.

 

5.   The Chapel Hill Town Manager is hereby directed to work cooperatively with the Triangle Transit Authority on the coordination of transit routes with Regional Rail stops and the development of station area plans.

 

6.   The North Carolina General Assembly is hereby requested to establish a permanent funding source permitting the long term implementation of the Regional Transit Plan.

 

7.   The North Carolina Department of Transportation is hereby requested to provide state funds, supporting implementation of the Regional Transit Plan.

 

This the 22nd day of May, 1995.

 

There was no need for a closed session.  The meeting concluded at 11:11 p.m.