MINUTES OF A REGULAR MEETING OF THE TOWN COUNCIL OF THE TOWN
OF CHAPEL HILL, NORTH CAROLINA, MONDAY, JANUARY 22, 1996
Mayor Waldorf called the meeting to order. Council Members in attendance were Julie Andresen, Joyce Brown, Joe Capowski, Mark Chilton, Pat Evans, Richard Franck, Lee Pavão and Barbara Powell. Also in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Town Engineer George Small, Planning Director Roger Waldon, Library Director Kathleen Thompson and Town Attorney Ralph Karpinos.
Item 1 Ceremony
Mayor Waldorf read a resolution honoring the UNC Women's Field Hockey Team for capturing the NCAA Division I 1995 National Championship. Coach Karen Shelton accepted the award on behalf of the team and expressed thanks to the Council and the community for the recognition and their support of the team.
Item 3 Petitions
Livy Ludington, representing the Smith Level Alliance, said it was time for a reality check of the Southern Village development project. Ms. Ludington said that the Alliance's request previously delivered to the Council, was a reasonable one.
Dave Cook, also representing the Smith Level Alliance, said he was surprised that a number of older oaks and hickory trees had been removed by the developers of Southern Village. Mr. Cook also expressed concern about the impact of the Southern Village development on area creeks and the Resource Conservation District. He expressed concern about clear-cutting of trees in proposed sections 2, 3 and 4 of the Southern Village development.
Council Member Brown thanked the Smith Level Alliance for presenting an extremely thoughtful petition. Council Member Brown asked when the next phase of the proposed Southern Village development would come before the Council. Mr. Horton stated that public hearings for the next phase of the development would be held on March 18th.
Dan Coleman expressed his support of the Smith Level Alliance petition. He also expressed hope that the Council would take this suggestion for review seriously and possibly incorporate similar reviews into Town procedures.
Noting that he agreed with all the remarks made to this point, Council Member Capowski suggested adding a sixth component, economic costs and benefits to the Town from the Southern Village development projects, to the study suggested by the Smith Level Alliance. He also suggested that an OWASA representative serve on the committee proposed by the Smith Level Alliance.
COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO RECEIVE AND REFER THE SMITH LEVEL ALLIANCE'S PETITION TO STAFF.
Council Member Brown said it was very important to form the proposed citizen's committee as soon as possible, so that the committee could work with staff to make an evaluation the Southern Village project to date.
Council Member Chilton said the motion on the floor was to refer the matter to staff for their feedback and reaction.
Stating that it was normal procedure to refer petitions of this type to staff for a follow-up report and recommendation, Council Member Andresen said the Council would ultimately receive the necessary information to evaluate of the Southern Village development project.
Stating that Town Planning staff already had a heavy workload and that the Southern Village project was nowhere near mid-course, Council Member Evans suggested speaking to planning experts at the University about the concerns expressed in the Smith Level Alliance petition.
Council Member Franck suggested the possibility of soliciting applications for committee memberships beginning this evening.
Council Member Powell said she was impressed with the Smith Level Alliance petition.
Mr. Horton stated that Council may wish to have Planning Board members provide citizen input and give guidance to Town staff about the Smith Level Alliance's concerns.
Council Member Brown requested that the mover and seconder accept a friendly amendment that the Committee include members from the Southern Small Area Plan Committee, neighborhood residents and Planning Board members. Council Member Chilton inquired whether the nature of the suggestion was a direction to staff to develop a process for creating such a committee. Mayor Waldorf said the Council needed to outline what would be done to create the committee.
Noting that there was not a proposed charge in front of the Council this evening, Council Member Chilton suggested that the Council direct staff to bring a resolution back to the Council concerning creation of a committee and a possible committee charge. Council Member Capowski said the committee would be well served having a concrete charge. Council Member Powell asked whether the motion only related to Southern Village. Council Member Capowski said this was correct. Council Member Andresen said the idea of evaluation was an excellent one.
THE MOTION TO REFER WAS ADOPTED UNANIMOUSLY (9-0).
Mayor Waldorf requested that a number of high school students having examinations tomorrow be permitted to address the Council at this point concerning the Outdoor and Nature program. There was Council concurrence on this point.
Jennifer Ellestad said it was wonderful to belong to the local Explorers Post which engaged in activities such as kayaking, climbing and other exciting activities. Ms. Ellestad also stated that her twin thirteen-year-old sisters were looking forward to having the opportunity to be involved with the Explorers Post.
Christine Ellestad said she found it difficult to believe that the possibility of discontinuing the Outdoor and Nature Program was up for discussion in a community with a really good quality of life. Ms. Ellestad requested that persons in the audience this evening supporting continuation of the Outdoor and Nature Program stand up. Ms. Ellestad said she believed that every teenager in the Town was potentially an at-risk teenager. She stated that the Explorers program showed teenagers a really good way of life. Stating that the program's volunteers believed in what they were doing, Ms. Ellestad said she believed that it was worthwhile to expend taxpayer dollars to continue the program.
Jammie Taylor, a member of the Explorers Post, expressed concern that if the Outdoor and Nature Program were discontinued, this would also mean elimination of the Explorers program. She requested that the Council continue funding for the Explorers Program.
Council Member Brown noted that the Committee on Sustainability had held its first meeting today. She noted that the Committee had asked a representative from the Town of Carrboro to attend these meetings. Mayor Waldorf said this was a good idea.
Council Member Brown noted that due to the appointment of Richard Franck to the Council, there was currently a vacancy on the Transportation Board. Council Member Brown said she had spoken to Mayor Waldorf on this matter and would be pleased to arrange for interviews to fill the vacancy. Mayor Waldorf stated that Council Member Evans and Transportation Board Member Ruby Sinreich had previously served on this screening committee. There was Council concurrence for the Transportation Board Screening Committee to interview applicants and make an appointment recommendation to the Council.
Council Member Andresen requested that the staff prepare a brief report on recent snow removal operations. Noting that Public Works staff had worked very hard to clear streets and other areas of ice and snow, Council Member Andresen suggested that the Council consider if, and how, future operations might be done better. Mr. Horton said staff could prepare an information report on this in the near future.
Council Member Andresen said she would prepare a listing of possible options for enhancing public participation for consideration at the Council's February 12th meeting. Mayor Waldorf suggested that Council Member Andresen forward copies of these proposals to her for inclusion in the agenda materials for distribution prior to the February 12th meeting. Council Member Brown said it would be helpful to receive a copy of the staff's recently prepared materials on this matter.
Item 4.1 Consent Agenda
Council Member Evans requested removal of items e and f for discussion. Council Member Pavão requested removal of item i for for discussion. Council Member Andresen requested removal of item j for later discussion.
COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADOPT CONSENT AGENDA ITEMS A, B, C, D, G AND H. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES (96-1-22/R-1)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the following minutes, resolutions and ordinances as submitted by the Town Manager in regard to the following:
a.Awarding contract for purchase of fire truck and authorizing lease-purchase financing (R-2).
b.Rejecting bids for playground equipment (R-3).
c.Rejecting bids for wide area computer network (R-4).
d.Adopting 1995 edition of National Fire Protection Association Code (O-1).
e.Stop sign regulations at various intersections (O-2).
f.Parking restrictions for Davie Circle (O-3) and report on Franklin Street/Davie Circle traffic safety.
g.Second reading of cable television franchise extension for six months (O-4).
h.Extending period for review of cable television rate filing (R-5).
i.Budget amendment for facilitator to assist the committee on home occupations (O-5).
j.Status of Orange Water and Sewer Authority's consideration of planning for sewer construction in neighborhoods with septic tanks (R-6).
This the 22nd day of January, 1996.
A RESOLUTION AWARDING A BID FOR THE PURCHASE OF ONE FIRE ENGINE/PUMPER TRUCK (96-1-22/R-2)
WHEREAS, the Town of Chapel Hill has solicited formal bids by legal notice in The Chapel Hill News on November 12, 1995 in accordance with G. S. 143-129 for a fire engine/pumper truck, and
WHEREAS, the following bids were received and opened December 14, 1995:
VENDOR COST
Custom Fire and Safety $265,463.26
(Quality)
Slagle's Fire Equipment, Inc. $275,889.00
(KME)
Emergency Apparatus, Inc. $239,872.00 (Initial Bid)
$254,427.60
(Revised Bid)
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town accept the bid of Emergency Apparatus, Inc. in the amount of $254,427.60 for a fire engine/pumper truck in accordance with the North Carolina Statute 143-129.
BE IT FURTHER RESOLVED that the Council authorizes the Town Manager to enter into a contract with Wachovia Bank on behalf of the Town for the lease-purchase of fire engine/pumper truck at an interest rate of 4.11%.
BE IT FURTHER RESOLVED that the aforesaid contract by and between the Town of Chapel Hill and Emergency Apparatus, Inc. together with the amounts to be paid thereunder, be and the same are hereby designated as a qualified tax-exempt obligation of the Town of Chapel Hill for purposes of Section 265 (b) (3) of the Internal Revenue Code of 1986, as amended.
BE IT FURTHER RESOLVED, that the Council does not reasonably expect that the Purchaser (and any subordinate entities) will issue more than $10,000,000 in qualified tax-exempt obligations during the current calendar year and the Governing Body will not designate more than $10,000,000 of qualified tax-exempt obligations pursuant to such Section 265(b)(3)(B)(ii) during the current calendar year.
This the 22th day of January, 1996.
A RESOLUTION FOR REJECTING ALL BIDS FOR PLAYGROUND EQUIPMENT (96-1-22/R-3)
WHEREAS, the Town of Chapel Hill has solicited formal bids by legal notice in The Chapel Hill News on November 8, 1995 in accordance with General State 143-129 for playground equipment; and
WHEREAS, the following bids were received and opened on November 30, 1995:
BASE BID ALTERNATE BID
Company: Total Bid Company Total Bid
Basnight & Assoc. $39,700 Basnight & Assoc. $36,883
Cunningham Assoc. $38,376.68 Cunningham Assoc. $29,349.54
NOW, THEREFORE, BE IT RESOLVED the Council of the Town of Chapel Hill rejects all bids.
This the 22nd day of January, 1996.
A RESOLUTION FOR REJECTING BID FOR WIDE AREA COMPUTER NETWORK (96-1-22/R-4)
WHEREAS, the Town of Chapel Hill has solicited formal bids by legal notice in The Chapel Hill News on December 3, 1995 in accordance with General Statute 143-129 for wide area network: and
WHEREAS, the following bid was received and opened on December 21, 1995:
VENDOR BID
Racal Data Communications $46,125
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill rejects bid.
This the 22nd day of January 1996.
AN ORDINANCE ADOPTING FIRE CODES BY REFERENCE (96-1-22/O-1)
BE IT ORDAINED by the Council of the Town of Chapel Hill:
SECTION I
That the Council hereby amends Section 7-15 of the Town Code to read as follows:
(c) Adoption of the 1995 edition of the National Fire Protection Association's National Fire Codes, Volume 1-12. The National Fire Protection Association's National Fire Code, Vols, 1-12, 1995 edition, are hereby adopted by reference as technical ordinances.
SECTION II
All ordinances and portions of ordinances in conflict herewith are hereby repealed.
This the 22nd day of January, 1996.
AN ORDINANCE EXTENDING THE CABLE TELEVISION FRANCHISE HELD BY TIME WARNER CABLE (96-1-22/O-4)
BE IT ORDAINED by the Council of the Town of Chapel Hill that the Council hereby extends the term of the cable television franchise held by Time Warner Entertainment/Advance-Newhouse, L.P., from January 31, 1996 to July 31, 1996 subject to acceptance of this franchise amendment by a duly authorized representative of the franchisee.
No other change in the franchise shall be deemed to occur with the extension of the term herewith, and the extension of the franchise term shall not be deemed to waive any rights of Time Warner Entertainment/Advance-Newhouse, L.P., for consideration of franchise renewal in accord with federal law.
This the 9th day of January, 1996. (First Reading)
This the 22nd day of January, 1996. (Second Reading)
A RESOLUTION EXTENDING THE PERIOD FOR REVIEW OF CABLE TELEVISION RATE FILINGS (96-1-22/R-5)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council extends for an additional 90 days the 30-day period for review of the form 1240 rate filings by Cablevision (Time Warner Cable) dated December 21, 1995, which filings were received by the Town on December 28, 1995.
This the 22nd day of January, 1996.
Expressing concern for the safety of area residents, Rosemary Williams asked that the Council not approve parking regulations for Davie Circle as proposed by staff.
Item 4.2 Information Reports
Council Member Capowski requested removal of item b for discussion. Council Member Brown requested removal of items a and c for discussion.
William Hutchins, representing RTP Network (formerly Public Information Network, Inc.) requested the Council's support of his organization's proposal to locate a public access computer terminal in the Town's library facility. Mr. Hutchins said he estimated that the net cost of such arrangement would be about $1,250 per year, rather than the staff's cost estimate of over $30,000 per year.
Item 5 Boards and Commissions
Mayor Waldorf noted that there were a number of existing vacancies on the Town's Human Services Board and Board of Adjustment.
Home Occupations Regulation Committee
Noting that Council Member Pavão and himself had screened applications for the Committee, Council Member Chilton said they were suggesting that no more than fifteen persons serve on the Committee. He inquired whether there was any objection to limiting the Committee membership to no more than thirteen members. Noting that a number of Council Members had provided input on balanced Committee membership, Council Member Chilton said there was no intention to slight those persons who were not recommended for appointment.
Dr. Mark Eisen said he had learned earlier in the day that he was not on the list of recommended appointees to the Committee. Stating that he was very familiar with home occupation-related difficulties, Dr. Eisen said it would not be desirable to draft new regulations which business persons were forced to violate. Dr. Eisen said he hoped that the Council would vote to appoint him to the Home Occupation Regulations Committee.
Council Member Andresen inquired whether the Council wished to consider Committee alternates this evening or at a future meeting. Noting that there were a few ad hoc committees with strict attendance policies, Council Member Chilton said the Council could consider possible replacement of members, if necessary, in the future.
Stating that he was moved by Dr. Eisen's experience and his remarks this evening, Council Member Capowski said he would support Dr. Eisen's appointment to the committee. Noting that the Screening Committee was not opposed to Dr. Eisen or any other individual being appointed to the committee, Council Member Chilton said any person not appointed was strongly encouraged to attend committee meetings.
THE FOLLOWING THIRTEEN PERSONS WERE APPOINTED TO THE COMMITTEE:
Leslie Alperin Richard Palmer
Rebecca Clark Hope Saxe
Nona Flythe Bill Strom
Philip Hirsch Lisa Stuckey
Toni Jo Friedman John Thomas
Stephen Manton Rollie Tillman
Lewis Miles
ORIGINAL VOTING BALLOTS ARE ON FILE IN THE TOWN CLERK'S OFFICE.
Noting that there were currently two vacant Town resident seats on the OWASA Board of Directors, Council Member Chilton stated that the Council's Screening Committee on OWASA recommended the appointment of Frank deMonchaux to the OWASA Board of Directors as a Town representative. Mr. deMonchaux was unanimously appointed to the Board. Original voting ballots are on file in the Town Clerk's Office.
Council Member Chilton stated that the Housing and Community Development Advisory Board recommended the appointment of Town resident Lee Butzin and Carrboro resident Jennifer Bryan to fill two vacant seats on the Board. Mr. Butzin and Ms. Bryan were unanimously appointed to the Board. Original voting ballots are on file in the Town Clerk's Office.
Item 6 Presentation of Human Services Needs Report
Human Services Advisory Board Chair Ed DeVaney presented an overview of the community's human service needs. He noted that the Board would make its agency funding recommendations to the Council in the spring. Thanking the Board for its detailed and insightful work, Mayor Waldorf asked whether there had been any attempt to evaluate after school programs. Mr. DeVaney said the Board would be glad to evaluate this or any program the Council wished the Board to do so. Mayor Waldorf said it would be desirable for the Council or the Board to evaluate the After Schools Program.
COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT RESOLUTION 7. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION REGARDING THE HUMAN SERVICES ADVISORY BOARD'S ANNUAL NEEDS REPORT (96-1-22/R-7)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby receives with thanks the Human Services Advisory Board's annual report on human services needs in Chapel Hill as submitted on January 8, 1996, and authorizes the Board to proceed with seeking proposals for and making recommendations for performance agreements in 1996-97 based on the needs identified in the Board's human services needs report.
This the 22nd day of January, 1996.
Item 7 OWASA Water Tank Special Use Permit
Planning Director Roger Waldon presented an overview of the proposal, noting that lighting of the proposed tower was the primary issue still to be resolved. He stated that staff continued to recommend adoption of Resolution A.
Allan Stutts said his home was located along the northern boundary line contiguous to the proposed water tower site. He requested that the Council approve the original water tower site location, rather than possibly locating the tower closer to his home.
Susan Reed, 102 Raintree Lane, said that her home was located right across the street from the proposed water tower site. Noting that she and her husband had lived on Raintree Lane since 1989, Ms. Reed said she opposed approval of the proposed special use permit for the water tower. Ms. Reed also expressed concern that construction of the tower would decrease property values on Raintree Lane and other area homes.
Council Member Capowski inquired about the status of lighting for the proposed tower. Mr. Waldon said staff would be surprised if the Federal Aviation Administration did not require some form of tower lighting.
Council Member Capowski inquired how much the tower's height could be reduced if it were to be moved elsewhere on the site. Mr. Greene said the maximum height difference would be about ten feet. Kevin Carter, the applicant's engineering consultant, briefly read the Federal Aviation Administration (FAA) requirements relative to lighting of the proposed water tower.
Referencing Ms. Reed's earlier comments, Council Member Andresen asked whether staff could address Ms. Reed's concerns about the potential impact on property values. Mr. Horton said Town staff did not have any direct knowledge relative to property values. Town Attorney Karpinos said he did not know of any basis for paying compensation short of actual loss of property. Council Member Brown requested a clarification about whether the proposed tower would be marked or lighted. Mr. Carter clarified that the "marking" language pertained solely to the checkerboard pattern.
COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER FRANCK, TO ADJOURN THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT RESOLUTION 8A.
Council Member Brown inquired whether or not the motioner and seconder would agree to a friendly amendment wherein the Council would work with the Appearance Commission, neighborhood residents and OWASA on matters such as coloration and lighting of the proposed tower. Stating that the Council appointed boards and commissions to fulfill the role of providing and receiving citizen input, Council Member Evans said she favored leaving such recommendations up to the Appearance Commission, rather than accepting the friendly amendment.
Council Member Chilton seconded the amendment suggested by Council Member Brown. Council Member Capowski said he believed that citizens needed to be involved as much as possible in the process, given the potential impact of the project on their lives. Council Member Brown said she was in complete agreement with Council Member Capowski on this point.
Council Member Pavão noted that the Council could also consider Resolution B, denying the special use permit request. Council Member Pavao also said that although he had some concerns that the proposed amendment might erode the work of boards and commissions, he would support the proposed amendment.
THE PROPOSED AMENDMENT WAS ADOPTED BY A VOTE OF 7-2, WITH COUNCIL MEMBERS EVANS AND FRANCK VOTING NO.
RESOLUTION 8A, AS AMENDED, WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR OWASA STORAGE TANK AND TOWER (FILE NUMBER 85.M.21A) (96-1-22/R-8a)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application, proposed by the Orange Water and Sewer Authority, on property identified as Chapel Hill Township Tax Map 91, Block G, Lot 25, if developed according to the site plan dated July, 1994 (revised May 26, 1995) and the conditions listed below:
1.Would be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;
2.Would comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Articles 12, 13, 14, and 18, and with all other applicable regulations (with the exceptions listed below);
3.Is a public necessity, and
4.Would conform with the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.
BE IT FURTHER RESOLVED that the Town Council hereby approves the application for the Special Use Permit for the Orange Water and Sewer Authority Water Storage Tank and Tower in accordance with the plans listed above and with conditions listed below:
Stipulations Specific to the Development
1.That construction begin by January 22, 1998 (two years from the date of Council approval) and be completed by January 22, 1999 (three years from the date of Council approval).
Required Improvements
2.Fluted Column/Single Pedestal Design: That the design of the tank be the fluted column/single pedestal design and that the landscape protection, site layout and grading plan be that which is proposed for the fluted column/single pedestal tank.
3.Raintree Street Turn-around: That additional right-of-way be dedicated for provision of a future turn-around at the terminus of Raintree Street.
4.Remainder of the 16.97 acre site outside the area cleared for the tank is to remain as vegetation: That the remainder of the 16.97 acres of the site, outside the areas shown on the site plan for construction of the tank, access road and storm drainage facilities shall remain as undisturbed vegetated area. The fact that the remainder of the 16.97 acres is to remain undisturbed must be noted on the plat.
Stipulations Related to State and Federal Governments Approvals
5.Approval of Encroachment Agreements: That any required State 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.
Stipulations Related to Landscape Elements
6.Landscape Plan Approval: That a detailed landscape plan, landscape maintenance plan, and lighting plan be approved by the Appearance Commission prior to issuance of a Zoning Compliance Permit.
7.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 Building Elevations
8.Tank Elevation Approval: That detailed elevations of the tank, including the addition of communication antennae and the color(s) of the tank, and the lighting of the tank be approved by the Chapel Hill Town Council, with advice from the Appearance Commission and working with interested neighbors and OWASA, prior to issuance of a Zoning Compliance Permit. The Applicant shall notify property owners within 1,000 feet of the property of the time and place of the meeting at which the Commission considers the color of the tank and the proposed FAA required lighting plans, and the Commission shall give interested people an opportunity to be heard.
9.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 by the Town Manager prior to issuance of a Zoning Compliance Permit.
Stipulations Related to Utilities
10.Utility/Lighting Plan Approval: That the final utility/lighting plan be approved by Duke Power, Public Service Company, Southern Bell, and the Town Manager before 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.Detailed Plans: That final detailed site plan, grading plan, utility/lighting plans, 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.
13.Erosion Control: That a soil erosion and sedimentation control plan be approved by Orange County and be submitted to the Town Manager before issuance of a Zoning Compliance Permit.
14.Silt Control: That the applicant take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.
15.Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
16.Non-severability: If any of the above conditions is held to be invalid, approval in its entirety shall be void.
BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit for the Orange Water and Sewer Authority Water Storage Tank and Tower in accordance with the plans and conditions listed above.
This the 22nd day of January, 1996.
Council Member Andresen said it was important for the Council to hear from OWASA about its future facility needs.
Item 8 Response to North Haven Petition
Mr. Waldon presented an overview of the status of the Horace Williams tract and development-related items.
Dan Coleman said he was greatly concerned about what O&I-3 zoning would permit on the Horace Williams property. Noting that a letter from former University Chancellor Hardin only guaranteed that the University would not initiate developments on the property through April, 1996, Mr. Coleman urged the Council to seek a renewed pledge from Chancellor Hooker on this matter.
Mr. Coleman stated that Dwight Merriam, a planning consultant engaged by the Council for a one-day planning workshop, had suggested that the Town give strong consideration to a low development zone classification for the Horace Williams property. He urged the Council to adopt Resolution B, calling a public hearing on the matter.
Robert Beach said it was very important that the Town maintain its options relative to the University's possible development of the Horace Williams tract. Stating the existing airport facility generally operated between 6 a.m. and 10 p.m., Mr. Beach said it was not uncommon for flights to arrive and depart at other hours of the day. He urged the Council to protect the interests of residents of the North Haven, Ironwoods and other area neighborhoods.
Diane Bloom, a member of the Alliance of Neighborhoods, said she supported the concerns expressed to date by neighbors of the Horace Williams tract. Ms. Bloom stated that an interim zoning category was needed to protect the interests of neighborhoods adjoining the Horace Williams tract. Stating that the language contained in Resolution A concerning the protection of neighborhoods was too weak, Ms. Bloom urged the Council to adopt Resolution B.
Council Member Capowski requested that Mayor Waldorf confer with Chancellor Hooker about the possibility of extending the term during which the University would agree to no further development on the Horace Williams tract.
Council Member Andresen said it was very important for the Town to continue a collaborative role with the University concerning potential development of the Horace Williams property. She suggested that options such as floating or interim zoning categories might be explored as protections for area residents. Saying that she would not support a proposal to zone the property as residential, Council Member Andresen suggested that O&I-2 zoning, tied to special use permits, might be an entirely suitable and appropriate option for discussion at a public hearing. Council Member Andresen said she supported the adoption of Resolution B.
Council Member Brown requested that the Town Attorney comment on the possible scope of a public hearing on interim zoning and other zoning-related matters. Mr. Karpinos said the principal need was for the notice of the proposals to be as specific as possible. Council Member Brown inquired whether the Council could suggest the possibility of a general interim zone this evening and provide additional specifics in the future. Mr. Karpinos said no, noting that it was necessary to outline specifics of the proposal in the resolution to be adopted by the Council.
Expressing his general concurrence with Mr. Coleman's earlier remarks, Council Member Chilton stated that O&I-3 zoning only excluded a few uses such as mining and landfill operations. He suggested that O&I-3 zoning, with the exception of the already developed University campus, could practically be eliminated.
COUNCIL MEMBER CHILTON MOVED THE ADOPTION OF RESOLUTION 9B, INCLUDING SPECIFYING A HEARING DATE OF APRIL 15TH AND 'O&I-1' ZONING, RATHER THAN 'RESIDENTIAL'. THE MOTION WAS SECONDED BY COUNCIL MEMBER BROWN.
Mayor Waldorf inquired about the Council's flexibility regarding specifying zoning categories for the proposed hearing. Mr. Karpinos said the Council could add other zoning categories as desired to the proposed resolution.
Council Member Chilton suggested that the scope of proposed uses include O&I-1, O&I-2, CC and NC. Council Member Capowski inquired whether this would include existing buildings such as the physical plant. Mr. Horton said it might be advisable to allow time to develop a resolution in this matter.
COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO WITHDRAW THE MOTION ON THE FLOOR AND ASK STAFF TO BRING BACK A FOLLOW-UP RESOLUTION AT A FUTURE COUNCIL MEETING.
Council Member Waldorf said she believed that neither O&I-2 and O&I-3 zoning fostered good planning and were not a good fit for the Horace Williams tract. She inquired whether the Council wished to explore the possibility of a new zoning category.
Council Member Evans stated that the Planning Board felt that establishment of a new zoning category might undermine the work of the UNC-Chapel Hill Planning Panel. Council Member Evans said she hoped that the Manager would outline the University's options for use of the Horace Williams tract. Noting that although two of the three Planning Panel recommendations involved locating utilitarian uses next to residential areas, Council Member Evans said she thought it was unlikely that the Panel would ultimately support doing so. She said it would be a good idea for the Town to get a letter from Chancellor Hooker indicating that the University had no plans to develop the Horace Williams tract until after the Planning Panel made its final recommendations. Council Member Evans said she hoped that Mayor Waldorf would explain the Town's concerns in this matter to University officials.
Noting that this matter was on tomorrow evening's Planning Board agenda, Council Member Franck said the Planning Board might need more expertise or time to develop a recommendation to the Council on this matter. Council Member Franck said he was willing to support Council Member Chilton's motion and receive the Planning Board's recommendation in April.
Stating that the Planning Panel had been working quite hard, Council Member Pavão also said he would support Council Member Chilton's proposed resolution. He also noted that one possible utilitarian use of the tract would be for passive recreation activities.
Council Member Chilton said it was very important for the Council to receive a letter of assurance from Chancellor Hooker about the University's intentions for future use of the Horace Williams tract. He added that the Council would know by the middle of April whether or not it would be necessary to adopt an interim zoning category.
Stating that the Council had undertaken this process quite some time ago, Council Member Brown said the Council was a long way from making headway on the development of a new zoning category.
Noting that establishment of an interim zoning category would afford the Town some protection, Council Member Brown noted that staff would be bringing back a formal resolution on this matter to the Council in the near future.
Stating that the planning process was taking longer than originally anticipated, Council Member Capowski said it was very important for the Town to receive an updated letter from Chancellor Hooker about the development of the Horace Williams property. Noting that the University had made a number of public statements that no development would occur on the property until the planning process was completed, Council Member Capowski said he did not think it was necessary to have an interim zoning category.
Mayor Waldorf expressed agreement with Council Member Capowski that the Town did not need to spend a lot of time to develop an interim zoning category, given the University's past public statements on the matter.
Mr. Horton said staff could draft a resolution for consideration at the Council's February 12th meeting.
THE MOTION WAS ADOPTED BY A VOTE OF 6-3, WITH COUNCIL MEMBERS CAPOWSKI AND PAVÃO AND MAYOR WALDORF VOTING NO.
COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION A. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION AFFIRMING PARTICIPATION IN THE UNC-CHAPEL HILL PLANNING PROCESS (96-1-22/R-9a)
WHEREAS, the Council of the Town of Chapel Hill has entered into a long range planning process with the University of North Carolina concerning the future development of the Horace Williams and Mason Farm properties; and
WHEREAS, the Council has received a petition from residents of North Haven and Ironwoods neighborhoods to consider zoning portions of the Horace Williams property adjoining their neighborhoods to residential uses;
NOW, THEREFORE, BE IT RESOLVED that the Council of the Town of Chapel Hill hereby affirms the Council's intent to continue the process of participating in the University's land use planning efforts now underway; and to consider incorporating into its comments to the University on preliminary alternatives presented to the community on November 30, 1995 a statement concerning the inappropriateness of "utilitarian" uses adjoining existing residential neighborhoods.
BE IT FURTHER RESOLVED that the Council of the Town of Chapel Hill refers this petition to the University of North Carolina (to the attention of the Chancellor) and to the UNC-Chapel Hill Planning Panel for consideration in ongoing discussions about the Horace Williams property.
BE IT FURTHER RESOLVED that the Council of the Town of Chapel Hill encourages the University not to locate utilitarian uses on the Horace Williams property in a manner that would adversely affect adjoining residential areas.
This the 22nd day of January, 1996.
Item 9 Proposed Low-Level Radioactive Waste Site
Council Member Brown noted that Council Member Capowski and herself had drafted the proposed resolution before the Council this evening.
COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT RESOLUTION 10.
Council Member Chilton noted that unlike the Landfill Owners Group had done recently, the Southeast Compact states had never committed to controlling the amount of low-level radioactive waste produced. He added that it was very likely that the amount of low-level radioactive waste produced would increase in the future.
Noting that some very important work in the Town generated low-level radioactive waste, Council Member Capowski said it was somewhat hypocritical for the Town to say that a low-level radioactive waste facility should not be located in Wake County. Council Member Capowski also said he did not think that the site should be in a rapidly urbanizing area, nor should such wastes be transported through these areas.
Council Member Evans noted that some types of radioactive wastes had significantly reduced radioactivity levels following storage. She added that alternatives for radioactive waste storage were also in the process of being developed.
Council Member Brown said that the proposed resolution purposely did not get into alternatives. She noted that medical waste constituted a small portion of the waste stream and had formerly been shipped to the Barnwell, South Carolina low level radioactive waste site. Council Member Brown said she hoped that the resolution would passed unanimously this evening.
Stating that Council Members Capowski and Evans had raised good points about the need for taking responsibility to safely dispose of wastes generated locally, Council Member Andresen said she would support the proposed resolution and constructive alternatives for disposing of low-level radioactive wastes.
Council Member Brown noted that alternatives being explored included having above ground monitorable waste areas or contracting with utilities to have them store minor amounts of low-level radioactive wastes.
RESOLUTION 10 WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION OF THE COUNCIL OF THE TOWN OF CHAPEL HILL OPPOSING THE SITING OF A RADIOACTIVE WASTE DISPOSAL FACILITY AT THE WAKE/CHATHAM COUNTY SITE (96-1-22/R-10)
WHEREAS, the Chapel Hill community includes generators of low level radioactive waste, which is a by-product of the very beneficial health care services and scientific research at the University and UNC Hospitals; and
WHEREAS, a site located on the Wake County side of the border of Wake and Chatham Counties is under consideration for use as a "low-level" radioactive waste disposal facility and a license application to establish and operate a facility at that site has been submitted by Chem-Nuclear Systems, Inc.; and
WHEREAS, many citizens as well as the governing bodies of several local governments in the Triangle region have serious concerns regarding the potential negative impacts of using this particular site for a waste disposal facility and have closely monitored the process of developing site studies, waste handling and transportation plans, as well as the licensing review process; and
WHEREAS, consultants who are not under contract to Chem-Nuclear Systems, Inc. but who are experts in low-level radioactive waste generation, transport, disposal and regulation, hydrogeology and other fields germane to this siting and licensing process have found that the proposed site is not optimal for burial of wastes and that its proposed capacity is far greater than necessary to contain, as initially intended, the low-level radioactive waste generated in twenty years by the Southeast Compact states; and
WHEREAS, since the filing of the license application in December, 1993, the proposed site has not been demonstrated, in the expert opinion of many consultants and state regulators, to meet licensing requirements that will provide reasonable assurances that the health, safety and welfare of the citizens of the region will be adequately safeguarded; and
WHEREAS, the proposed disposal site is also objectionable because it is in an area that is rapidly urbanizing and because the site is adjacent to a lake; and
WHEREAS, the continued investigation and consideration of this site will result in the expenditure of enormous sums of public funds;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council opposes the continued consideration, under the current matrix of site suitability and use parameters, of the Wake/Chatham site for a low-level radioactive waste disposal facility; and
BE IT FURTHER RESOLVED that the Council supports introduction and approval of legislation to modify the federal Low-Level Radioactive Waste Policy Act to provide for:
1)the regulatory permissibility of establishing single-state low-level radioactive waste disposal facilities; and
2)the establishment of standards requiring minimal concentration levels, volume reduction and waste form stabilization of all radioactive contaminated materials destined for subsurface disposal.
BE IT FURTHER RESOLVED that the Council authorizes the Mayor to provide copies of this resolution to the NC Low Level radioactive Waste Management Authority, local governing boards, the Congressional delegation and other parties as the Mayor may deem appropriate.
This the 22nd day of January, 1996.
Item 10 Open Space Preservation Strategies
Orange County David Stancill presented an overview of the County's proposed strategies for preservation of open space, noting that the program was voluntary. After briefly reviewing each of the plans options, Mr. Stancill said the Orange County Board of Commissioners might enact the proposed strategies as early as May 1, 1996.
Council Member Andresen said she was glad that Orange County was examining innovative approaches to subdivision planning. She inquired whether the average subdivision in the County constituted about ten acres. Mr. Stancill said the typical subdivision consisted of eight to ten lots on varying size tracts.
Council Member Capowski said that private roads eventually caused problems, especially for newer property owners. He inquired whether the concepts contemplated in the strategies were consistent with the way in which people wanted to live. Stating that staff had done some research on this matter, Mr. Stancill said he believed that only time could answer this question.
Council Member Evans expressed concern that requiring the submittal of two concept plans might contribute to increased housing costs. Mr. Stancill stated that the timeframe for review of the two plans was the same timeframe for review of one concept plan. Stating that large aggregates were needed to do so, Council Member Evans asked whether or not the proposed strategies protected wildlife habitats. Mr. Stancill said it was very difficult to create and enhance critical masses to protect wildlife habitats. He stated that special attention would be given to preserving existing wildlife habitats.
Saying that she was aware that a lot of work had gone into the strategies, Council Member Brown inquired whether there were incentives to keep land preserved in its natural agricultural state. Mr. Stancill said the strategies would encourage agribusiness in Orange County by protecting prime farm land.
Item 11 Outdoor and Nature Program
Mr. Horton noted that staff had provided additional information requested by the Council regarding the Outdoor and Nature Program.
Carl Schaumann, a local Explorers Post volunteer, said the Outdoor and Nature Program helped to instill an environmental ethic in the community. Mr. Schaumann urged the Council to continue funding of the Outdoor and Nature Program in the Town's budget.
Eric Ginsburg said it was important for the Council to realize that the Explorers program involved educating young people about having respect for the environment and the natural world. Stating that a significant portion of teenagers were not reached through intramural athletics, Rainbow Soccer and other similar programs, Mr. Ginsburg urged the Council to continue funding of the Explorers program.
Stating that she did not understand why the Town had gotten into the business of supporting an Explorer troop, Council Member Evans said she would nonetheless support extending the Outdoor and Nature Program for the rest of the fiscal year. Council Member Evans said that she was not certain whether it would be an appropriate use of taxpayer funds for the program to continue after June 30th.
Council Member Brown asked whether it was correct that continuation of the Explorers program was not contingent upon continuation of the Outdoor Nature Specialist position. Parks and Recreation Director Mike Loveman said the Explorers program had been very fortunate to have strong volunteer leadership during periods of absence of the Recreation Specialist for the Outdoor and Nature program. Mr. Loveman said he would not be comfortable recommending that a Recreation Superintendent have the program added to their work load, if the Outdoor and Nature Program specialist position were discontinued. Council Member Brown inquired about how well the program could continue to operate without a specifically designated Outdoor and Nature Program specialist position. Mr. Horton said Mr. Loveman could guarantee continued good work without staff to directly supervise this program.
Expressing his strong support for activities other than competitive ball sports, Council Member Capowski said he would support continuation of the program for the remainder of the fiscal year. Council Member Capowski also inquired whether the Town of Carrboro and Orange County had any similar programs.
Council Member Andresen said she believed that the Outdoor and Nature Program was a good one which made good use of Town resources.
Expressing her belief that Explorer Scout programs were extremely important, Council Member Powell suggested that the Outdoor and Nature Program would more appropriately be referenced as the Scouts and Explorers Program.
Mayor Waldorf said it appeared that there were relatively few young people involved with the programs. Council Member Brown inquired whether or not there were about twenty young people involved with the Explorers Program. Mr. Loveman said this was correct.
Council Member Brown said it would be useful for the Council to have information which was much clearer about the number of people being served by various programs. She also suggested the possibility of exploring a supervisory position which could provide guidance without the need for a Nature Specialist position.
Council Member Pavão said he concurred with Council Member Brown on this matter. Noting that only persons involved with the Explorers Program had responded to the possible program reduction, Council Member Pavão said he had serious misgivings about the Outdoor and Nature program. Council Member Pavão also stated that although he would support continuation of the program for the rest of fiscal year, he had serious misgivings about the overall program.
COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO ADOPT RESOLUTION 11B AS AMENDED, ADDING THE CONDITION THAT FUNDING FOR THE EXPLORERS AND GIRL SCOUTS PROGRAM WOULD CONTINUE TO BE INCLUDED IN THE PARKS AND RECREATION DEPARTMENT'S BUDGET.
Stating that he was particularly concerned about the points raised by Council Members Brown and Powell, Council Member Chilton said the current level and type of Outdoor Nature Program was not acceptable for the amount of money being expended. Council Member Chilton said it appeared that the majority of the program's activities were exclusively serving well-off and generally, white young people. Council Member Chilton said he hoped that the program would change dramatically in the future.
Noting that she had spoken to a number of persons about the Outdoor and Nature program, Council Member Powell said she would support the adoption of Resolution 11b as amended.
Stating that she preferred to make budget-related decisions as budget time, Council Member Andresen said she would not support adoption of Resolution 11b as amended.
RESOLUTION 11B AS AMENDED FAILED TO PASS BY A VOTE OF 4-5, WITH MAYOR WALDORF AND COUNCIL MEMBERS BROWN, CHILTON AND POWELL SUPPORTING THE MOTION.
COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 11A. THE MOTION WAS ADOPTED BY A VOTE OF 6-3, WITH MAYOR WALDORF AND COUNCIL MEMBERS BROWN AND POWELL VOTING NO.
A RESOLUTION AUTHORIZING THE CONTINUATION OF THE OUTDOOR AND NATURE PROGRAM (96-1-22/R-11a)
WHEREAS, the Parks and Recreation Commission has reviewed the Outdoor and Nature Program and has recommended that it be continued, and
WHEREAS, the Town Manager has recommended that the funds to continue the Outdoor and Nature Program for the remainder of FY 1995-1996 come from those not needed for the operation of the proposed skateboard facility;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the continuation of the Outdoor and Nature Program for the remainder of FY 1995-1996.
BE IT FURTHER RESOLVED that the Council will continue the evaluation of this program as part of the budget process for FY 1996-1997.
This the 22nd day of January, 1996.
Item 11 Water and Sewer Availability Fees
Assistant to the Manager Greg Feller noted that Pat Davis, Bob Epting and Katherine Kalb of OWASA were in attendance this evening to answer any questions from the Council. Mr. Feller stated that staff felt that the proposed agreement was reasonable based on the University's 1977 sale agreement.
Stating that the University and UNC Hospitals were quite different from their position in 1977, Council Member Capowski said it was time for the University to pay its fair share for availability fees.
Council Member Andresen said she thought that the proposed agreement would clarify matters and make for better working relationships.
COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO ADOPT RESOLUTION 12. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION SUPPORTING A PROPOSED MEMORANDUM OF AGREEMENT REGARDING AVAILABILITY FEES TO BE PAID BY THE UNIVERSITY OF NORTH CAROLINA (96-1-22/R-12)
BE IT RESOLVED by the Town Council of Chapel Hill that the Council supports the proposed Memorandum of Agreement as submitted to the OWASA Board of Directors on January 1, 1996, as a clarification of the 1977 Purchase and Sale Agreement between the University and the Authority with regarding payment of availability fees for development on University land.
BE IT FURTHER RESOLVED that the Council authorizes the Mayor to provide copies of this resolution to the University, the Orange Water and Sewer Authority Board of Directors, the Town of Carrboro and other parties as the Mayor may deem appropriate.
This the 22nd day of January, 1996.
Item 12 Bell South Telephone Franchise Agreement
Kathy Hawkins, Director of Corporate Affairs for Bell South, said that Bell South had a statewide franchise agreement and was committed to working with the Town.
Council Member Franck inquired about the basis for the proposed franchise agreement. Mr. Karpinos said that municipalities had to protect their interests. Council Member Franck inquired about the types of interests involved. Mr. Horton said this principally involved the location of facilities and use of rights-of-way.
Council Member Capowski asked whether the Town received franchise fees from Bell South. Mr. Horton said such proceeds were received through the State of North Carolina. Council Member Capowski asked whether Bell South could start a cable television system without a franchise agreement. Mr. Horton said this would depend on the specific circumstances involved. Council Member Capowski said it was desirable to encourage competition for cable television and telephone services. Mr. Horton said if Bell South were specifically to become involved in the cable television business, they would need to have a franchise agreement for this purpose.
Council Member Capowski asked whether or not the Town would lose any franchise fees if Resolution 13 were adopted this evening. Mr. Karpinos said no, noting that franchise fees were established by State law.
COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT RESOLUTION 13. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION REQUESTING BELLSOUTH TO SUBMIT AN APPLICATION FOR A FRANCHISE TO OPERATE A TELEPHONE SYSTEM IN THE TOWN OF CHAPEL HILL (96-1-22/R-13)
WHEREAS, North Carolina General Statute Sections 160A-319, 160A-296(a)(6) and 62-38 authorize the Town to issue franchises for the operation of a telephone system and to regulate and license the placing and maintenance of poles, wires and fixtures, etc. in the streets, sidewalks and alleys of the Town; and
WHEREAS, the Chapel Hill Town Code requires that a company operating a telephone system in the Town have a franchise; and
WHEREAS, BellSouth has declined the request from the Town staff to make application for a franchise; and
WHEREAS, the Council believes that there are several matters of general interest to the Town with respect to how a telephone company operates within the Town that could be addressed under the terms of a properly negotiated and issued franchise;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council formally requests that BellSouth apply for a franchise.
BE IT FURTHER RESOLVED that the Council requests that BellSouth make application to the Town Manager for a franchise within the next 60 days.
BE IT FURTHER RESOLVED that a copy of this resolution shall be forwarded to the appropriate corporate officials at BellSouth.
BE IT FURTHER RESOLVED that the Manager report back to the Council at a meeting following the time period set out above and report on the status of this matter.
This the 22nd day of January, 1996.
Item 13 Alcoholic Beverage Licenses
Mr. Horton noted that some employees of establishments selling alcoholic beverages continued to sell such beverages to underage persons. Mr. Karpinos said that existing State regulations would permit the Council to take a more active role in a number of instances, including the issuance of alcoholic beverage permits to individual establishments. He noted that a change in the Town Code would be necessary to implement this potential additional Town responsibility. Mr. Karpinos added that the staff could, at the Council's direction, issue statements to the Alcoholic Beverage Control (ABC) Board regarding the applications of individual establishments. Mr. Horton noted that this approach would involve some additional work for the Town's Police Department. He added that the Council also needed to consider the additional workload attributable to application hearings.
Spencer Everett stated that many national fraternal organizations, fearing the prospect of litigation, were in the process of redefining their missions. Mr. Everett requested that the University receive notice of the proposed hearing, with University-related officials being encouraged to testify. Mr. Everett said he was especially concerned about initial license applications. He suggested that the Council consider limiting the number of alcoholic beverage establishments in the community, so that each could make a reasonable profit. Mr. Everett said this would mean that there would be less inclination for establishments to breach alcoholic beverage related regulations.
Council Member Andresen inquired whether or not individual county
ABC boards reviewed new applications for the sale of alcoholic beverages. Mr. Horton said that the State ABC Board had this responsibility, while county ABC boards were responsible for operating stores.
Council Member Capowski asked what might realistically be changed by the Town. Mr. Horton said he believed that there were considerable economic incentives for establishments to obey laws relative to alcoholic beverage control regulations.
COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT RESOLUTION 14.
Mayor Waldorf requested that the Police Chief address the matter. Police Chief Ralph Pendergraph said it was unfortunate that it sometimes took some tragic incidents for people to pay attention to these matters. He noted that a few establishments simply chose to sell as much beer as they could, without regard to the age of their patrons. Chief Pendergraph expressed concern that one establishment with three fire code violations still had its alcoholic beverage permit.
RESOLUTION 14 WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION SCHEDULING A PUBLIC HEARING TO RECEIVE COMMENT ON PROPOSED COUNCIL INITIATIVES REGARDING THE REGULATION OF THE LICENSING AND PERMITTING OF ESTABLISHMENTS SERVING ALCOHOLIC BEVERAGES (96-1-22/R-14)
WHEREAS, the Council of the Town of Chapel Hill has received a report from the Manager and Attorney identifying possible Council initiatives regarding the licensing and permitting of establishments serving alcoholic beverages; and
WHEREAS, the Council wishes to hear public comment prior to considering the possible adoption of the initiatives proposed in the report from the Manager and Attorney;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council calls a hearing for February 26, 1996, to receive public comment on the proposed initiatives identified in the staff report, including the proposed revised Ordinance on license renewals and a proposed procedure for presenting Council comment on ABC permit applications to the ABC Commission.
This the 22nd day of January, 1996.
Item 14 Discussion of Consent Agenda Items
South Lakeshore Stop Sign
Council Member Evans said it was important for the Council to carefully examine all stop sign requests, in light of the fact that the Town appeared to be adding more and more stop signs.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT ORDINANCE 2. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES (96-1-22/O-2)
BE IT ORDAINED by the Council of the Town of Chapel Hill:
SECTION I
That Section 21-13(c) of the Town Code of Ordinances, Right-of-Way and Stop Regulations is amended by inserting the following in appropriate order.
Intersections
Shady Lawn Road/Kenmore Road
South Lakeshore Drive/Rolling Road
South Lakeshore Drive/Ridgecrest Drive
SECTION II
This ordinance shall be effective beginning on Monday, March 4, 1996.
SECTION III
All ordinances and portions of ordinances in conflict herewith are hereby repealed.
This the 22nd day of January, 1996.
Davie Circle Parking Restrictions
Referencing Ms. Williams' comments earlier in the meeting, Council Member Evans said she thought the matter should be referred back to staff in order to take into account citizen comments. She noted that it was very inconvenient for neighborhood residents to have to get permits for on-street parking when they wished to have social occasions.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO REFER THE MATTER BACK TO STAFF. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Facilitator to Assist Committee on Home Occupations
Council Member Pavão suggested waiting until the first organizational meeting of the Home Occupations Regulation Committee to determine whether or not it was necessary for the group to have a facilitator. Mr. Horton said this was not a problem. Council Member Pavão said the Committee would report to the Council on this matter in the future.
Council Member Andresen said intergovernmental discussions were needed relative to possible sewering of unsewered areas.
COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT ORDINANCE 5. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
AN ORDINANCE TO AMEND THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUES FOR THE FISCAL YEAR BEGINNING JULY 1, 1995 AND ENDING JUNE 30, 1996 (96-1-22/O-5)
BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled "An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 1995" as duly adopted on June 5, 1995 be and the same is hereby amended as follows:
| Current budget |
Increase |
Decrease |
Revised Budget |
|
| APPROPRIATIONS |
||||
| GENERAL FUND Non-Departmental Contingency |
98,654 |
(2,100) |
96,554 |
|
| Manager |
553,805 |
2,100 |
555,905 |
This the 22nd day of January, 1996.
OWASA's Consideration of Planning for Sewer Construction
Noting that there about 350 homes in the Town without public sewer service, Council Member Evans inquired how many of these homes had access to service but chose not to hook on to the system for service. OWASA Board Member Pat Davis said he had not seen any specific figures in this regard. Mr. Davis stated that the intergovernmental approach suggested by Council Member Andresen offered the best solution to this situation.
RESOLUTION 6 WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION AUTHORIZING THE MAYOR TO ARRANGE INTERGOVERNMENTAL DISCUSSIONS REGARDING A PLAN FOR NEIGHBORHOOD SEWER PROJECTS (96-1-22/R-6)
BE IT RESOLVED by the Town Council of Chapel Hill that the Council authorizes the Mayor to arrange discussions among the Town Council, the Orange Water and Sewer Authority Board of Directors, the Carrboro Board of Aldermen and the Orange County Board of Commissioners regarding preparation of a plan for installing public sewers to replace private wastewater systems in neighborhoods in Chapel Hill, Carrboro and their designated potential future annexation areas.
This the 22nd day of January, 1996.
Item 15 Information Reports
UNC Boiler Plant
Council Member Brown inquired whether it was correct that the University was out of compliance with its special use permit for the Cogeneration facility. Stating that the University had previously informed the Town that this might be the case, Mr. Horton said he believed that the University was acting in good faith in attempting to complete this project.
Locating Public Access Computer Terminal in Library
Council Member Capowski inquired about the staff's source for
estimated connection charges to INTERNET service providers. Library Director Kathleen Thompson said that these figures reflected the general experience of libraries around the nation relative to public access INTERNET terminal connections. She added that cost options could be explored more thoroughly by staff. Council Member Capowski asked staff to investigate local commercial service providers, starting with NANDONET (News and Observer). Council Member Brown asked that staff prepare a report concerning the viability of Mr. Hutchins' revised proposal, submitted this evening.
Mallette Street Traffic Concerns
Council Member Brown inquired when the Transportation Board would take up the matter of traffic calming on Mallette Street and other area roadways. Town Engineer George Small said the Transportation Board was working with transportation staff on traffic counts, including Mallette Street.
Stating that there had been citizen concerns about truck traffic on Graham Street several months ago, Council Member Evans said the response to this situation might be part of why there were now concerns about truck traffic on Mallette Street. She also said that it was important to look much more critically at impacts of traffic on adjoining streets.
Mayor Waldorf noted that there was a proposal before the Council to appoint Richard Franck as a Council representative to the Landfill Owners Group (LOG) and the Landfill Reorganization Work Group (LRG).
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO APPOINT COUNCIL MEMBER FRANCK AS A REPRESENTATIVE ON THE LOG AND LRG. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
There was no need for a closed session. The meeting concluded at 11:35 p.m.