MINUTES OF A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA, WEDNESDAY, MAY 29, 1996,7:00 P.M.

 

Mayor Waldorf called the meeting to order, noting that there was a long agenda in front of the Council this evening.

 

Council Members in attendance were Joyce Brown, Mark Chilton, Pat Evans and Lee Pavao.  Council Members Julie Andresen, Joe Capowski and Richard Franck arrived at 7:03 p.m.  Council Member Barbara Powell was absent excused.

 

There were no hearings or ceremonies.

 

COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO RECEIVE AND REFER A PETITION FROM THE INTERFAITH COUNCIL REGARDING PARKING ARRANGEMENTS ON WILSON COURT.  THE MOTION WAS ADOPTED UNANIMOUSLY (5-0).

 

Steve England, representing the Black Public Works Association (BPWA), said although the BPWA applauded the Council's intent to adopt new minimum salaries, other actions were needed.  He also said that the BPWA was proposing a flat, stair step raise system for Town employees.  Mr. England stated that the BPWA would be holding a public forum in the near future.  Mayor Waldorf inquired whether a specific date was proposed for the forum.  Mr. England said a specific date had not been determined.

 

Valerie Broadwell suggested that all fees collected from the Bell South PCS telecommunications tower agreement be used to purchase open space.

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO RECEIVE AND REFER MS. BROADWELL'S PETITION.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

Planning Board Chair Mary Reeb said the Board was recommending that the Council consider adopting a new ordinance for zoning large tracts of land, rather than limiting the matter solely to University tracts.  She also said the Board was suggesting that the Council consider setting a public hearing on Monday, June 17th on this matter.  There were no questions from the Council regarding Ms. Reeb's report on the Board's recommendations.

 

Frances Humer, a resident of Rogerson Drive, said she strongly protested the placement of a pole at the end of Cleland Drive.  Ms. Humer said she believed that the area had been unfairly targeted by utilities for the placement of their facilities.

 

Larry Daquioag, representing the Housing and Community Development Advisory Board, asked that the Council consider not cutting $9,000 from public housing rehabilitation activities, as proposed in agenda item #4.1i of this evening's agenda.  A copy of the Housing and Community Development Board's memorandum is on file in the Town Clerk's Office. Pauline Grimson said she and residents of the Westwood neighborhood were following up on an earlier petition regarding a number of items in their neighborhood.

 

COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO RECEIVE AND REFER MS. GRIMSON'S PETITION.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

Mayor Waldorf inquired whether or not the Council was agreeable to canceling the previously scheduled June 3rd work session on budget matters.  Hearing no objections, Mayor Waldorf said the June 3rd session on budget items was canceled.

 

Council Member Andresen suggested the possibility of postponing action on the proposed Windsor Park development until after the Design Review Board, Appearance Commission and other boards completed their work on the NC 86 corridor study.  Mr. Horton noted that Dianne Bachman of the Design Review Board/Appearance Commission was in attendance this evening and was prepared to make a report on the matter if the Council wished.  Mayor Waldorf noted that there was Council consensus to leave the item on this evening's agenda.

 

There were no additional petitions from Council Members.

 

Noting that additional information had recently been received from Roger Perry regarding the University Village development, Mr. Horton requested removal of item #14 from this evening's agenda.

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO REMOVE ITEM #14 FROM THE AGENDA, FOR CONSIDERATION AT A FUTURE MEETING.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

Referencing Mr. Daquioag's comments, Council Member Brown requested removal of item i from this evening's agenda.

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVAO,

TO ADOPT THE CONSENT AGENDA, EXCEPTING ITEM I.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES (96-5-29/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 (excepting item I) in regard to the following:

 

a.      Minutes of April 22 and 27

b.     Calling a public hearing on proposed landfill site (R-2).

c.      Closing a drainage easement in Phase 3, Block L of the North Forest Hills subdivision (R-3).

d.     Authorizing lease to Brown and Bunch of a Town-owned parking lot on the south side of West Rosemary Street (lot number six). (R-4).

e.      Changing the composition of the Library Board of Trustees, Parks and Recreation Commission and Housing and Community Development Advisory Board (O-1).

f.       Approving expedited consideration of rezoning and special use applications for Paul J. Rizzo Conference Center at Meadowmont (R-5).

g.      Traffic regulations for new streets (O-2).

h.      Combining two lots in Winding Ridge (R-6).

i.        Revised one and three year Community Development plans (R-7).

j.       Revised plan for 1996-97 HOME program (R-8).

k.     Olympic Torch Relay (R-9, O-3).

l.        Speed limit on NC 86 (O-4).

 

This the 29th day of May, 1996.

 

A RESOLUTION CALLING A JOINT PUBLIC HEARING TO RECEIVE PUBLIC COMMENT RELATED TO THE SITING OF THE NEXT SANITARY LANDFILL IN ORANGE COUNTY (96-5-29/R-2)

 

WHEREAS, there is a need for a new landfill once the current facility reaches capacity and that the landfill be developed as part of an integrated solid waste management plan; and

 

WHEREAS, a landfill site search was initiated in 1990, by the governing bodies of Carrboro, Chapel Hill, and Orange County; and

 

WHEREAS, the six-year landfill siting process has concluded with the Landfill Search Committee and the Landfill Owners Group both recommending site OC-17 as the preferred site; and

 

WHEREAS, it is the intention of the Council to insure that all citizens and property owners be given ample opportunity to comment on the final recommendations; and

 

WHEREAS, the Council is committed to early adoption and implementation of an integrated solid waste management plan and a goal of a minimum 50% reduction of solid waste requiring disposal; and

 

WHEREAS, the Council is committed to insuring owners of land to be acquired and surrounding neighbors receive fair and just compensation for any losses; and

 

WHEREAS, North Carolina General Statute Section 160A-325 and 153A-136(c) contain specific requirements for public hearings before any final decision is considered which would result in OC-17 being selected for a landfill; and

 

WHEREAS, OC-17 is located within one mile of the existing Orange Regional Landfill;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes a joint public hearing to be scheduled on June 19, 1996, at 7:30 PM, at the Chapel Hill High School Auditorium, to receive comment regarding the selection of a landfill site in Orange County.

 

This the 29th day of May, 1996.

 

A RESOLUTION CLOSING A DRAINAGE EASEMENT IN PHASE 3, BLOCK L, NORTH FOREST HILLS SUBDIVISION (96-5-29/R-3)

 

WHEREAS, closing this drainage easement would not be contrary to the public interest; and

 

WHEREAS, the subject drainage easement is unnecessary for existing and/or foreseeable stormwater management needs;

 

NOW, THEREFORE, BE IT RESOLVED, by the Council of the Town of Chapel Hill that the Council hereby adopts this order permanently closing an existing drainage easement approximately 150' long by 50' wide located on Lots 4 and 5, Block L as shown on the recorded plat for North Forest Hills Subdivision, Phase 3; also known as Lots 5 and 4, Block F; as shown on Orange county Tax Map 24F; said closure shall be shown on a plat to be provided by the owners of the affected lots, approved by the Chapel Hill Engineering Department and recorded with the Orange county Registrar of Deeds.

 

This the 29th day of May, 1996.

 

A RESOLUTION AUTHORIZING THE MANAGER TO EXECUTE AN AGREEMENT FOR THE LEASE OF PARKING SPACES IN LOT #6 WITH BROWN & BUNCH COUNSELORS AND ATTORNEYS AT LAW (96-5-29/R-4)

 

WHEREAS, the Town owns and operates Parking Lot #6 on Rosemary Street which has twelve monthly rental spaces available; and

 

WHEREAS, Brown & Bunch owns and leases property near this lot and has requested that the Town enter into a new long term lease of these spaces for the use of employees and tenants of Brown & Bunch; and

 

WHEREAS, the Town has leased Parking Lot #6  to Brown & Bunch since July 1, 1993; and

 

WHEREAS, the Town has published its intent to enter into an agreement with Brown & Bunch and has received no complaints or protests over such an agreement;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to execute the attached agreement on behalf of the Town with Brown & Bunch for the lease of all 12 parking spaces at Town Lot #6.

 

This the 29th day of  May, 1996.

 

 

AN ORDINANCE AMENDING THE TOWN CODE TO CHANGE THE MEMBERSHIP OF CERTAIN COUNCIL ADVISORY BOARDS (96-5-29/O-1)

 

BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:

 

Section 1.  The second paragraph of Section 2-161 of the Town Code (pertaining to the Housing and Community Development Advisory Board) is hereby revised to read as follows:

 

"The housing and community development advisory board shall be representative of the entire community.  Three (3) members shall be current residents of public housing of Chapel Hill or Carrboro, one of whom shall be a representative from the Residents Council.  One member shall be a citizen of the Town of Carrboro."

 

Section 2.  Section 12-17 of the Town Code (pertaining to the Parks and Recreation Commission) is hereby revised to read as follows:

 

"Sec. 12-17 Membership.

 

The Commission shall consist of ten (10) commissioners, all of whom shall be appointed at large.  All members shall be residents and citizens of the town. Nine members shall be residents and citizens of the town appointed by the Town Council.  One member shall be a resident of Orange County appointed by the Orange County Board of Commissioners."

 

Section 3.  Section 2-142 of the Town Code (pertaining to the Library Board of Trustees) is hereby revised to read as follows:

 

"Sec. 2-142.  Appointment; vacancies.

 

The Six members shall be appointed by the mayor and council.  One member shall be a resident of Orange County appointed by the Orange County Board of Commissioners.  Vacancies shall be filled in the same manner as original appointments."

 

This the 29th day of May, 1996.

 

A RESOLUTION DIRECTING EXPEDITED PROCESSING IN THE REVIEW OF THE  APPLICATION FOR A SPECIAL USE PERMIT FOR THE PAUL J. RIZZO CONFERENCE CENTER AT MEADOWMONT (96-5-29/R-5)

 

WHEREAS, the Town of Chapel Hill has received a request from the  University of North Carolina at Chapel Hill for expedited review of the application for Rezoning and a Special Use Permit for the Paul J. Rizzo Conference Center at Meadowmont; and

 

WHEREAS, the Paul J. Rizzo Conference Center at Meadowmont is a public facility which will serve the interests of the community at large; and

 

WHEREAS, the Town desires to work with the University of North Carolina at Chapel Hill to provide adequate facilities in a timely manner;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is directed to expedite processing of the Special Use Permit application of the University of North Carolina at Chapel Hill for the proposed Paul J. Rizzo Conference Center at Meadowmont in a manner that will speed review without sacrificing breadth or depth of analysis.

 

This the 29th day of May, 1996.

 

AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES (96-5-29/O-2)

 

BE IT ORDAINED by the Council of the Town of Chapel Hill:

 

                                                                     SECTION I

 

That Section 21-13 of the Town Code of Ordinances, "right-of-way and stop regulations" is amended by inserting the following, in appropriate alphabetical order:

 

Through Streets                                                            Stop Streets

 

Weaver Dairy Road                                                      Perkins Drive

Weaver Dairy Road                                                      Silver Creek Trail

Silver Creek Trail                                                         San Miguel Place

Silver Creek Trail                                                         Silver Glade

 

                                                                    SECTION II

 

That Section 21-11 (B) (2) of the Town Code of Ordinances, "Twenty-five (25) miles per hour on the following streets: " is amended by inserting the following therein the appropriate alphabetical order:

 

 

Perkins Drive                                                                San Miguel Place

Silver Creek Trail                                                         Silver Glade

 

                                                                   SECTION III

 

This ordinance shall become effective upon adoption by the Town Council.

 

                                                                   SECTION IV

 

All ordinances and portions of ordinances in conflict herewith are hereby repealed.

 

This the 29th day of May, 1996.

 

A RESOLUTION AUTHORIZING THE REALIGNMENT OF THE PROPERTY LINE BETWEEN LOT 26 AND A .34 ACRE RECREATION AREA WITHIN THE WINDING RIDGE SUBDIVISION (96-5-29/R-6)

 

WHEREAS, a portion of a structure on lot 26 of the Winding Ridge Subdivision was inadvertently constructed approximately 5 inches within the required setback area; and

 

WHEREAS, the builder, Harry L. Munson has requested that the property lines be realigned in such a manner that would leave the structure outside of the required setback area; and

 

WHEREAS, the proposed realignment of the property line between would not reduce the amount of Recreation Area; and

 

WHEREAS, the proposed recombination would not negatively affect the scenic or recreational value of the Recreation Area;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts this order permanently altering the common property line of lot 26 and a .34 acre Recreation Area dedicated to the Town of Chapel Hill within the Winding Ridge Subdivision, said lot 26 also being shown on Orange County Tax Map 34, Block C, Lot 23 and said Recreation Area also being shown on Orange County Tax Map 34, Block C, Lot 24; said realignment shall be shown on a plat to be provided by the owner of the affected lot 26, approved by the Town Manager and recorded with the Orange County Registrar of Deeds.

 

This the 29th day of May, 1996.

 

A RESOLUTION APPROVING A REVISED 1996- 97 HOME PROGRAM PLAN (96-5-29/ R-8)

 

WHEREAS, the Council of the Town of Chapel Hill held two public hearings to receive citizens comments and proposals regarding the use of $612,500 of federal HOME Program funds; and

 

WHEREAS, the U.S. Department of Housing and Urban Development has announced that the Orange County HOME Consortium will receive $386,000 of federal HOME Program funds; and

 

WHEREAS, the total amount of funds available for the 1996 - 97 HOME Program has been reduced from $612, 500 to $482,500;

 

NOW,  THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves the following revised HOME Program plan for 1996 -97:

 

Activity                                                                         Amount

1.         Transitional Housing                                                                  $337,000

2.         Site Improvements                               

      Orange Comm. Housing Corp.                                           $ 50,000

      Habitat for Humanity                                                           $ 16,000

$ 66,000

3.         Acquisition                                                                               $ 40,000

4.         Administration                                                                          $  39,500

$482,500

 

BE IT FURTHER RESOLVED that the Council authorize this revised plan to be incorporated into the 1996-97 Annual Update to the Consolidated Plan developed with Orange County, Hillsborough and Carrboro for submission to the U.S. Department of Housing and Urban Development.

 

This the 29th day of May, 1996.

 

A RESOLUTION CLOSING EAST FRANKLIN STREET FROM HILLSBOROUGH STREET TO COLUMBIA STREET AND HENDERSON STREET FROM ROSEMARY STREET TO EAST FRANKLIN STREET ON SUNDAY, JUNE 23RD FOR THE OLYMPIC TORCH RELAY (96-5-29/R-9)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby directs the closing of East Franklin Street from Hillsborough Street to Columbia Street and Henderson Street from Rosemary Street to East Franklin Street on Sunday, June 23, 1996 from 8 a.m. to 3 p.m., or such time as the stage has been removed and cleanup has been completed, to allow the holding of the Olympic Torch Relay celebration.

 

This the 29th day of May, 1996.

 

 

AN ORDINANCE TEMPORARILY REMOVING PARKING FROM HENDERSON STREET AND EAST FRANKLIN STREET FROM HILLSBOROUGH STREET TO COLUMBIA STREET ON SUNDAY, JUNE 23, 1996 FOR THE OLYMPIC TORCH RELAY (96-5-29/O-3a)

 

BE IT ORDAINED by the Council of the Town of Chapel Hill:

 

That on the 23rd day of June, 1996 between the hours of 8 a.m. and 3 p.m., or such time as the stage has been removed and cleanup has been completed, there shall be no parking on either side of Henderson Street or East Franklin Street between Hillsborough Street and Columbia Street and on Henderson Street between Rosemary Street and East Franklin Street between the above hours.

 

The Police Department of the Town of Chapel Hill is hereby authorized to cover the parking meters on said streets during such hours on said date.  The Police Department is further authorized to remove, tow, and impound automobiles and vehicles of any kind which are parked on said streets during such hours in contravention of this Ordinance.  In light of the large number of pedestrians expected in this area, the Council hereby determines that vehicles in the restricted area would constitute a special hazard requiring prompt removal.  The owner shall be responsible for and pay storage and moving costs of any vehicle removed pursuant to the provisions of the Ordinance, and the Police Department shall use reasonable diligence to notify the owner of the removal and storage of such vehicles.

 

This the 29th day of May, 1996.

 

 

AN ORDINANCE TO AMEND "THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1995" (96-5-29/O-3b)

 

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Amendment 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:

 

                                                                     ARTICLE I

 

Current                                                                                     Revised

Budget             Increase             Decrease                                 Budget

 

APPROPRIATIONS

 

GENERAL FUND

 

  Manager                                 800,620           2,500                                                              803,120

 

  Non-Departmental

    Contingency            23,821                                        (2,500)                                               21,321

 

 

This the 29th day of May, 1996.

 

AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES

(96-5-29/O-4)

 

BE IT ORDAINED by the Council of The Town of Chapel Hill:

 

                                                                     SECTION I

 

That Section 21-11 of the Town Code of Ordinances "Speed Regulations" is amended by deleting the following:

 

(4)        "Forty-five miles per hour"

 

(j)         Airport Road (N.C. 86) from a point .10 mile north of Estes Drive to a point .46 mile north of Homestead Road.

 

(k)        Airport Road (N.C. 86) from a point .19 mile south of Weaver Dairy Road northward to the corporate limits of Chapel Hill.

 

                                                                    SECTION II

 

That Section 21-11 of the Town Code of Ordinances "Speed Regulations" is amended by inserting the following:

 

(3)        "Thirty-five miles per hour"

 

(d)        Airport Road (N.C. 86) from a point .10 mile north of Estes Drive northward to the corporate limits of Chapel Hill.

 

                                                                   SECTION III

 

This ordinance shall become effective beginning immediately.

 

                                                                   SECTION IV

 

All ordinances and portions of ordinances in conflict herein are hereby repealed.

 

This the 29th day of May, 1996.

 

Mayor Waldorf said she found the report on West Rosemary Street safety concerns to be very interesting.

 

Council Member Chilton requested that item number seventeen be removed from the agenda.

 

Board and Commission Nominations and Appointments

 

Appearance Commission Chair Dianne Bachman requested that the Council defer appointments to the Appearance Commission and Design Review Board until the Council decided what, if any, changes would be made to the Board and Commission's missions.  Council Member Andresen said this made sense.  There was Council consensus to postpone appointments to the Appearance Commission and Design Review Board.

 

The Council made the following appointments:

 

Board of Adjustment

 

Full Town Resident members:   Lee Culpepper, Nancy Feder

Town alternates:                                   Victor Friedman, Madeline Jefferson

County alternate:                                   Lynn Cox

 

Transportation Board:               Laverne Meeks

 

Appointments to the Parks and Recreation Commission were deferred in response to a request by the Commission. An appointment to the vacant seat on the Public Arts Commission was deferred due to a tied vote.

 

Original voting ballots are on file in the Town Clerk’s office.

 

Nominations to Shaping Orange County's Future Task Force

 

Council Member Brown presented an overview of the mission of the Shaping Orange County's Future Task Force.  She noted that the Task Force would play a very important, but not exclusive, role in planning the County's future.  Mayor Waldorf noted that the Steering Committee had met on several occasions to review applications.  She also said the Committee had focused on recommending a diverse group for membership. 

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO NOMINATE ALL APPLICANTS FOR FUTURE APPOINTMENT CONSIDERATION.

 

Council Member Andresen thanked Council Member Brown and Mayor Waldorf for their work to date on the matter.  She added that persons not appointed to the Task Force might possibly be appointed to various subcommittees in the future.  Council Member Brown emphasized that the process had been an inclusive one. 

 

Noting that Public Arts Commission applicants Betty Cloutier and Joan Page had received four votes each, Mayor Waldorf suggested that this matter be carried over to a future Council meeting.

 

Lei Knight said she was very pleased by the fact that the Council was continuing its commitment to help public housing residents better their lives through its support of a variety of community programs.

 

Harvey Reid asked that the Council provide full funding for the Pine Knolls neighborhood revitalization program.

 

Item 6  Windsor Park Subdivision

 

Persons wishing to testify in the matter were sworn by the Clerk.

 

Planning Director Roger Waldon presented an overview of the proposal, noting that key issues included drainage, stormwater management, dam construction and maintenance and traffic plans for the widening of Airport Road (NC 86).  He noted that if the State of North Carolina decided not to inspect proposed dam facilities on the site, staff had drafted recommended language relative to these facilities.  Mr. Waldon said that staff believed that the proposed development met the Town's Development Ordinance requirements.

 

Council Member Andresen inquired about the timing of home construction relative to proposed improvements to NC 86.  Mr. Waldon said that these improvements would ideally occur in concert with development activity on the site.  He also said that if NCDOT were delayed in making the improvements, the developer would ideally be required to make them.

 

Council Member Capowski inquired about the status of median cuts along NC 86 and the extent of Council influence in this regard.  Mr. Waldon said median cuts were proposed at Weaver Dairy Road and Stateside Drive.  Mr. Horton said although the State would have the final say on this project, the NCDOT was always willing to hear from the Council on these matters.

 

Dianne Bachman said the Design Review Board and Appearance Commission were in the process of studying the NC 86 corridor between Homestead and Weaver Dairy Road.  She said a final report on the matter would be presented to the Council on June 10th.  Ms. Bachman presented the group's preliminary recommendations, including the possible extension of Westminster Drive to Kingston Drive.

 

Council Member Brown inquired whether any sewage and drainage easements were proposed through private properties.  Mr. Waldon said this would best be addressed by the applicant.

 

Pat Cabarga, 107 Stateside Drive, requested that a letter regarding the proposed subdivision be entered into the record of the hearing.  Ms. Cabarga said she had recently spoken to State officials who had indicated that the proposed dam on the site would not be within the State's inspection jurisdiction.  She requested that the criteria for "high hazard" dams be entered into the meeting record and that the Town require that the proposed dam be built to State dam safety specifications.  Stating that higher stormwater runoff rates were anticipated, Ms. Cabarga requested that metal grates be installed at culvert inlets, and that the Council consider enlarging the culvert under Stateside Drive. 

 

William Battye said he echoed Ms. Cabarga's comments about the proposed dam.  He also said that State officials had indicated to him that the State would likely not have jurisdiction over the proposed dam structure.  He requested that the Council consider a

stipulation requiring that the dam be built to State standards for moderate hazard dams.

 

Sherman Lee said he supported Ms. Cabarga's comments regarding flooding and dam-related concerns.  He also said it was very important for the Council to take into consideration the rights and interests of citizens owning properties below the proposed dam. 

 

Denny Dobbin, 105 Stateside Drive, said he supported his neighbors' comments.  Mr. Dobbin also said he did not think that the dam was a bad idea, if done safely.  Mr. Dobbin also noted that he had not agreed to a sewer easement on his property, as outlined in the applicant's draft plans.

 

Council Member Evans said she favored having sidewalks on both sides of connector streets in the proposed development.  She also suggested having signs posted at the end of stubout streets, indicating the potential for future roadway connections.

 

Council Member Andresen inquired about the location of pedestrian easements in the development.  Mr. Waldon pointed out the relevant locations.  Council Member Andresen suggested posting small signs to indicate these access points.  Mayor Waldorf said she thought that this was a great idea.

 

Council Member Andresen said that it would have been helpful to have a drainageway and context map for the proposed development.  She also suggested that installation of the culvert grate suggested by Ms. Cabarga was a very good idea.  Council Member Andresen also said it would be desirable to include language in the stipulations about what would happen if the pond was not maintained.  Mr. Karpinos said private property owners would have the option of suing the Town if the ponds were not properly maintained. 

 

Council Member Andresen inquired about the differences between Resolutions A and B regarding transportation items.  Mr. Horton said that both resolutions met the test of rough proportionality for requiring turning lanes, sidewalks and other improvements.  He added that the developer could not be required to provide a full range of roadway-related improvements.

 

Council Member Andresen asked whether Town Engineering staff had reviewed proposed culvert improvements.  Mr. Small said there had been no specific review by Engineering staff.  Council Member Andresen asked whether or not Mr. Small the proposed culvert would be adequate.  Noting that there did not appear to be chronic flooding problems in the area, Mr. Small said he believed that the culverts would be adequate.  Mr. Small added that he could examine the matter in greater detail.  He also said that Lake Ellen would also likely mitigate peak events.

 

Council Member Brown said there had been hundred year flood events in the Town on several occasions during the last few years.  Mr. Small noted that if the proposed dam were classified under the State's system, it would likely be considered a low hazard dam.  He added that if a larger impoundment were anticipated, the dam might categorized as "high hazard".  Mr. Small also noted that it was quite expensive to design a dam for one hundred year flood events. 

 

Noting that she had walked the proposed site several times, Council Member Brown inquired about the role of streambeds in stormwater management for the site.  She also asked how water on the eastern side of the dam would effect stormwater runoff on the site.  Mr. Waldon said that the applicant's stormwater runoff calculations indicated that the projected runoff rate would be no greater than the present level after buildout of the project. He added that Engineering staff had reviewed these calculations and found them to be reasonable.

 

Council Member Brown inquired about the proposal to enlarge the culvert under Stateside Drive.  Noting that enlarging the culvert might result in stormwater gathering on someone else's property downstream, Mr. Waldon said the enlargement of culverts needed to be done very carefully.

 

Council Member Capowski asked whether or not the proposed lake would generally be full of water.  Mr. Waldon said this was correct, excepting periods of drought.  Council Member Capowski inquired whether a fence would be installed around the lake.  Mr. Horton said no fence would be required.  He noted that other ponds in the community, such as Lake Ellen and Eastwood Lake, were not fenced.  Council Member Capowski asked whether the proposal was for two runoff points to become one.  Mr. Waldon said this was correct.  Council Member Brown asked whether or not the stream bed area would be built on.  Mr. Waldon said that the applicant's drainage plan proposed some channeling and grading improvements to the stream bed.

 

Council Member Andresen inquired about proposed sewer service arrangements.  Mr. Horton said the applicant could address this item.  Phil Szostak, the applicant, said he hoped that existing area residents would agree to provide a twenty foot easement in order to accommodate an easily maintained deep sewer line.  He stated that the only other option was the installation of a pump station.  Mr. Szostak said that sewer connections could possibly be made to a recently installed sewer line along Stateside Drive.  Council Member Andresen inquired whether this matter could be worked out if the Council approved the project.  Mr. Szostak said he hoped so.  Mr. Szostak expressed his concurrence with the proposed conditions of approval.  Mr. Szostak said he was willing to have the proposed dam inspected every two years.

 

Council Member Brown inquired whether language pertaining to the proposed dam could be tightened.  Mr. Horton said one possibility was to require that the pond be built to State standards.

 

Stating that the proposed median on NC 86 would make trip routing more challenging, Transportation Board Chair Ruby Sinreich said it was extremely important that roads connect through the neighborhood.

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER FRANCK, TO CLOSE THE PUBLIC HEARING.  THE MOTION WAS ADOPTED UNANIMOUSLY

(8-0).

 

Council Member Brown asked staff to address buffering requirements for the project.  Mr. Waldon said there were no regulatory requirements for buffering between single family residential developments.  Council Member Andresen requested that Town staff ask OWASA not to clear the full width of the easement for sewer-related improvements.  Mr. Horton said staff would do so.

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 10A, INCLUDING AN ADJUSTMENT TO CONDITION I ON PAGE TWELVE, REGARDING THE PROVISION OF SIDEWALKS.

 

Council Member Franck said that conditions e and f provided for sidewalks on both sides of streets.  Council Member Evans inquired whether this included the entry street.  Council Member Franck said he believed this was the case.  He added that stipulation j could possibly be adjusted.  Council Member Evans inquired whether or not her proposed amendment was understood by staff.  Mr. Waldon said yes, stating that Council Member Evans was proposing sidewalks on both sides of streets one and three and the northern side of street six.

 

Council Member Brown inquired about the staff's proposed language for the protection of the pond during construction.  Mr. Horton said the Homeowners Association would arrange for the inspection of the pond by a certified engineer, approved by the Town Manager.  Noting that a fair number of dams certified by engineers failed, Council Member Andresen asked whether it would be possible to add language requiring that the dam be constructed for a fifty-year flood according to dam safety laws.  Mr. Horton expressed concern about imposing a requirement on this applicant which was not imposed on others.  Council Member Andresen said she thought it was a good idea to have a requirement that the dam be inspected by a registered engineer approved by the Town Manager.  Council Member Evans said this was fine language. 

 

 

Council Member Chilton said there was a difference between withholding a fifty year flood and holding it back with a dam.  Mr. Szostak said the dam was designed so that a fifty year flood event would go over the dam gradually and not cause damage to the spillway.   Council Member Andresen inquired whether or not fifty years needed to be specified.  Council Member Chilton said he did not think so, noting that dams did not hold back much water during the actual rain event. 

 

Council Member Brown inquired about the feasibility of the metal grate option.  Mr. Horton said staff could study off-site grate improvements.  Council Member Andresen asked staff to do this.  Mr. Horton said staff would do so.

 

Council Member Andresen suggested the possibility of requiring landscaping around the pond area.  Mr. Szostak said his intention was for the park area to be landscaped as naturally as possible and for large canopied trees to be left in their natural state.

 

Council Member Capowski inquired when the homeowners association would start to have an ownership role.  Mr. Karpinos said this would occur when the property owner deeded items to the association.   Council Member Capowski said he believed that it would be in the association's best interest to insure that necessary landscaping was in place.  Council Member Brown inquired whether or not the proposed resolution would be amended to be required that the pond be certified by an engineer approved by the Town Manager.  Mr. Horton said this was correct.

 

RESOLUTION 10A, AS AMENDED, WAS ADOPTED UNANIMOUSLY (8-0).

 

A RESOLUTION APPROVING AN APPLICATION FOR A PRELIMINARY PLAT FOR WINDSOR PARK CLUSTER SUBDIVISION (File # 24..18) (96-5-29/R-10a)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Windsor Park Cluster Subdivision, proposed by Philip Szostak, on the property identified as Chapel Hill Township Tax Map 24, Lot 18, if developed according to the preliminary site plan dated February 2, 1996, and the conditions listed below, would comply with the provisions of the Development Ordinance and specifically with the following cluster development requirements from Subsection 17.8.2 of the Development Ordinance:

 

1.         The tract proposed for cluster development is at least two (2) acres in size;

 

2.         Public, separate water supply and sewerage connections are available for every subdivided lot;

 

3.         The total number of lots proposed for the tract, excluding parcels of reserved recreation area, is not greater than the number determined by dividing the total gross land area by the minimum gross land area established in Section 13.11 for that zoning district;

 

4.         The recreation area within the tract shall conform to the recreation area standards of Subsection 17.9 of this article; and

 

5.         The minimum amount of land reserved as recreation area shall be the sum of all reductions in minimum gross land area as a result of the cluster form of development, or the minimum recreation area reservation required in Subsection 17.9.2, whichever is greater.

 

These findings are based on the following:

 

                                                Stipulations Specific to the Development

 

1.         Required Improvements:

 

A.        One-half of a 120 foot right-of-way be dedicated along the property's NC Highway 86 frontage.  Right-of-way shall comply with the proposed North Carolina Department of Transportation improvement project.

 

B.         That a turn lane be constructed on NC Highway 86 to accommodate left turns into the development.

 

C.        That improvements be provided to the subdivision entrance on NC Highway 86 to provide safe and acceptable sight distances.

 

D.        That a sidewalk be provided along the NC Highway 86 frontage.  A payment in lieu covering the cost of construction is acceptable if sidewalk construction cannot be coordinated with the North Carolina Department of Transportation planned improvements.

 

E.         That  "Street 6" be stubbed out to the north property line.  The section of "Street  6" north of "Street 2" shall be constructed to Chapel Hill Town standard to a 27 foot wide cross-section from back-of-curb to back-of-curb with a five foot wide paved sidewalk on the east side.  A sign shall be posted indicating that the road will be extended in the future

 

F.         That  "Street 3" be stubbed out to the north property line.  The section of "Street 3" north of "Street 2" shall be constructed to Chapel Hill Town standard to a 27 foot wide cross-section from back-of-curb to back-of-curb with a five foot wide paved sidewalk on the east side.  A sign will be posted indicating the road will be extended in the future.

 

G.        That if prior to the issuance of a Zoning Compliance Permit, the Town Council approves alternative roadway connections with the abutting northern properties, the roadway connections identified in E and F above may be adjusted or removed.

 

H.        That the sidewalk along the east side of "Street 6" connect with the pedestrian access easement between lots 26 and 27.  The pedestrian easement shall be 20 feet wide and terminate at the east property line, adjacent to the area labeled "unopened future right-of-way."

 

I.          That unless specifically stated otherwise, all internal streets be constructed to a 27-foot cross section with curb and gutter and a paved sidewalk on at least one side within a 50 foot right-of-way,except on the sides of connector roads, where it shall be both sides, except for existing trails.

 

J.          That a 24 foot cross section roadway with curb and gutter be permitted for all internal streets except for "Street 1", the section of "Street 2" beginning at the intersection of  "Street 1" and terminating at the intersection of "Street 6" and the two roadway sections north of  "Street 2" as  identified in E and F above.

 

2.         Steep Slopes:  That a detailed Steep Slopes plan be submitted, showing the potential buildable areas on the house lots, and committing to certain types of building foundations and construction techniques for those lots and house sites with slopes of 15% and greater.  These restrictions shall be referenced in the restrictive covenants or Homeowners' Association documents.  In addition, the final plat shall show for each lot the buildable area outside the building setbacks, the Resource Conservation District, and slopes of over 25%.

 

                                        Stipulations Related to Ponds and Recreation Area

 

3.         Ownership and Maintenance of Pond:  The pond shall be owned and maintained by the homeowners association.  Prior to the issuance of a Zoning Compliance Permit, the applicant shall submit a maintenance plan for the pond to be approved by the Town Manager.  The pond shall be  certified by a registered engineer approved by the Town Manager as being built to State standards for dam construction.  Finance mechanisms to ensure ongoing maintenance shall be included in homeowners association documents.  The homeowner’s association shall arrange for inspection of the dam by a registered engineer every two years, with reports submitted to the Town Manager.

 

A service vehicle access strip shall be provided to the proposed dam, designed as a 20 foot wide extension of the cul-de-sac that is northeast of the pond.

 

4.         Pedestrian Easements: All pedestrian corridors shall be part of the recreation area owned and maintained by the homeowners association; they shall not be in the form of easements on individual lots.         

 

5.         Ownership of Recreation Areas:  All recreation areas shall be owned and maintained by the homeowners association.

 

                             Stipulations Related to State and Federal Government Approvals

 

6.         State or Federal Approvals:  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.

 

7.         North Carolina Department of Transportation  Approval:  That plans for improvements to state-maintained roads be approved by North Carolina Department of Transportation prior to issuance of a Zoning Compliance Permit.

 

                                   Stipulations Related to the Resource Conservation District

 

8.         Boundaries:  That the boundaries of the Resource Conservation District be shown on the final plat and the final plans with a note indicating the "Development shall be restricted within the Resource Conservation District in accordance with the Development Ordinance." The boundary identified shall reflect the reconfigured pond.

 

9.         Variances:  That all variances necessary for development within the Resource Conservation District be obtained before application for final plat or final plan approval.

10.       Setbacks for Preliminary Plat Applications:  That any restrictive covenant applicable to lots adjacent to the Resource Conservation District not require greater setbacks than those required by the Development Ordinance.

 

11.       Buildable Lots for Preliminary Plat Applications:  That no lots be created that would       require a Resource Conservation district variance in order to be built upon.

 

                                             Stipulations Related to Landscape Elements

 

12.       Landscape Plan Approval:  That a detailed landscape plan (including the buffer plantings) and landscape maintenance plan be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.  The Landscape Plan shall include:

 

*   a Type C buffer (minimum 30 foot width) along the property’s NC Highway 86 frontage.

 

Existing vegetation may be used, partially or wholly, to fulfill the buffer planting requirements, where deemed sufficient by the Town Manager.

 

13.       Ownership of Landscaped Buffers:  That the landscape buffers not be part of individual lots but be part of land owned and controlled by the Homeowners’ Association.

 

14.       Tree Preservation:

 

A.  Street alignment:  That the developer shift "Street 2" to the northeast in the area between "Street 1" and "Street 3" to save the four oaks that are depicted to be removed on the submitted plans.  The developer shall shift "Street 3" to save the oak at lot #64.

 

B.         Landscape Protection Plan:  That a Landscape Protection Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.  The Landscape Protection Plan shall include the preservation of the two oak trees on lot #48 and the three oak trees on lot #43 that are depicted to be removed on the submitted plans.  The Plan shall also include fencing for existing vegetation in the following locations:

 

-in the required landscaped buffers;

 

-the land designated to be open space and recreation areas; and

 

-areas adjacent to utility construction, stormwater/erosion control related grading and devices, and roadway construction.

 

                                                          Miscellaneous Stipulations

 

15.       Zero Lot Line Setbacks: The interior and solar setbacks for the lot line between lot 26 and 27, between lot 35 and 36 and between lot 49 and 50 lot may be reduced to zero provided the requirements of Subsection 13.9.9 of the Development Ordinance are met.     

 

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

 

17.       OWASA Easements:  That easement documents as required by OWASA and the Town Manager be recorded concurrently with the final plat.

 

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

 

19.       Utility/Lighting Plan Approval:  That a water and sewer extension plan be submitted for approval by OWASA and the Town Manager prior to issuance of a Zoning Compliance Permit.

 

That the final detailed utility/lighting plan be approved by the Orange Water and Sewer Authority, Duke Power, Southern Bell or GTE, Public Service Company, Time Warner Cable, and the Town Manager, before issuance of a Zoning Compliance Permit.  The property owner shall be responsible for assuring that these utilities, including cable television, are extended to serve the development.

 

20.       Solid Waste Management:  Curbside collection may be required for steeper lots, and a note to this effect shall be placed on the final plat.

 

21.       Detailed Plans:  That the final detailed site plan, grading plan, utility/lighting plan, landscape plan and landscape maintenance plan be approved by the Town Manager before issuance of a Zoning Compliance Permit, and that such plans conform to the plans approved by this application and demonstrate compliance with all applicable conditions and the design standards of the Development Ordinance and Design Manual.

 

22.       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.

 

23.       Certificates of Occupancy:  That no Certificates of Occupancy be issued until all required public improvements are complete; 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.

 

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

 

25.       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.

 

26.       Stormwater Management Plan:  That a stormwater management plan, based on the Town's Hydros computer model, be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

 

The storm drainage pipe between lots 46 and 47 shall be shifted to a location between lots 49 and 50 and be included in a 40' wide sewer, storm drainage, pedestrian easement.

 

27.       Street Name and Addresses:  That the name of the development and its street and house numbers be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

 

28.       Erosion Control:  That a detailed soil erosion and sedimentation control plan be approved by the Orange County Erosion Control Officer and the Town Manager before issuance of a Zoning Compliance Permit.

 

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

 

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

 

31.       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 Preliminary Plat for Windsor Park Cluster Subdivision in accordance with the plans and conditions listed above.

 

This the 29th day of  May, 1996.

 

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO ADOPT RESOLUTION 11.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

A RESOLUTION REQUESTING THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION TO INSTALL A TRAFFIC SIGNAL AT THE INTERSECTION OF N.C. HIGHWAY 86 AND STATESIDE DRIVE (96-5-29/R-11)

 

WHEREAS, the Chapel Hill Town Council has been studying the N.C. Highway 86 corridor for several years; and

 

WHEREAS, the State Department of Transportation has begun a project to widen the road between Homestead Road and Interstate 40; and

 

WHEREAS, there is an existing need for a traffic signal at the intersection of N.C. Highway 86 and Stateside Drive; and

 

WHEREAS this intersection will be even more significant after the road widening is completed, since it will be the one median break between Homestead Road and Weaver Dairy Road, and since it will become an intersection for a new collector road that will be constructed on the west side of  N.C. Highway 86;

 

NOW THEREFORE LET IT BE RESOLVED that the Town Council requests the North Carolina Board of Transportation to study this intersection and consider installing a traffic signal to manage and control turning movements.

 

BE IT FURTHER RESOLVED that the Council authorizes the Mayor to distribute this resolution to appropriate parties.

 

This the 29th day of May, 1996.

 

Item 7  Status Report on Horace Williams and Mason Farm Tracts

 

Mayor Waldorf stated that Transportation Board Chair Ruby Sinreich had requested that the zoning proposal be referred to the Transportation Board.  Mayor Waldorf said she also suggested that the matter be referred to the UNC-Chapel Hill Planning Panel.

 

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO REFER THE STATUS REPORT TO THE MANAGER, UNC-CHAPEL HILL PLANNING PANEL AND THE TRANSPORTATION BOARD.

 

Planning Board Vice-Chair Martin Rody said that the proposed mixed-use development district was more similar to a miniature development ordinance, rather than a zoning regulation.  Mr. Rody

stated that there were some good points in the proposed development district which might improve the Town's master plan.  He also cautioned that it was not a good idea to have language pertaining to the proposed district which was too flexible.  He stated that this would amount to "contract zoning".  Mr. Rody also said that a precinct development plan was a good idea for a tract this size.

 

THE MOTION TO REFER WAS ADOPTED UNANIMOUSLY (8-0).

 

Item 8  Fire Sprinkler Protection Systems

 

Chief Dan Jones noted that fire sprinkler systems were recognized as a means of saving lives in structure fires.  He noted that only one of twenty-five fraternity and sorority houses in the Town currently had automatic sprinkler systems, while another six houses had plans to install such systems.  Chief Jones noted that staff was recommending that sororities and fraternities be given a period of five years to come into compliance with the proposed ordinance requiring the installation of fire sprinkler systems.  He noted that an alternative course of action would be to call a public hearing on September 16th.  Chief Jones said staff recommended Council adoption of the proposed ordinance and adoption of a related resolution.

 

Council Member Chilton requested a clarification about the difference between action by the General Assembly and the North Carolina Building Code Council.  Mr. Karpinos reviewed the effects of action by the two bodies.  He noted that a Code Council statute directed that local governments first adopt an ordinance and then submit the ordinance to the Building Code Council.  Mr. Horton said if the General Assembly acted on the matter before the Building Code Council, all concerns would be resolved.

 

UNC Student Body President Aaron Nelson noted that he was a member of the Tau Epsilon fraternity.  Mr. Nelson stated that he was very concerned about fire safety on the campus.  Thanking the Town for their interest in the matter, Mr. Nelson urged the Council to adopt Resolution B, giving University students an opportunity to comment on fire sprinkler related proposals.

 

David Pope, president of a fraternity at UNC, said there was a definite need to consider the situation fully.  Mr. Pope also said he encouraged the Council to adopt Resolution B, calling a public hearing on the matter in September.

 

Council Member Brown said everyone still felt the tragedy which had occurred and there was a need to look at this situation very seriously.  She also noted the Town's rich tradition of inviting public comment on matters.

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION B.

 

Council Member Andresen said she was inclined to support getting a sprinkler ordinance in place as soon as possible.  She requested that staff work with University officials to solicit comments on the proposed sprinkler requirement. Council Member Chilton inquired when the North Carolina Building Code Council met.  Mr. Karpinos said he believed that the Building Code Council met about once every two months.  Stating that there was a certain logic to just seek authority from the General Assembly, Council Member Chilton expressed his support for holding a public hearing on the possibility of implementing the proposed standards over a five year period.

 

Noting that he would support adoption of Resolution B, Council Member Capowski said it was important for the Town to initiate a request for OWASA to possibly reduce costs and spread sprinkler fees across ratepayers.  Mayor Waldorf said he had asked OWASA Board Chair Barry Jacobs to have the OWASA Board review this matter.  Council Member Chilton said a resolution could possibly be brought forward on the matter of lowering sprinkler fees. 

 

Council Member Evans inquired about the difference between type 13 and type 13R sprinkler systems.  She also inquired how the size of sprinkler lines for individual units was determined.  Chief Jones said that type 13 systems were principally for commercial facilities while 13R systems tended to be used in residences.  He also said that the size of water service needed was based on the size of the applicable sprinkler system.  Council Member Evans inquired whether or not OWASA had addressed water pressure concerns.  Chief Jones said yes, noting that the system demand in terms of flow was significantly less as a result of these adjustments.  Council Member Evans inquired about methods for dealing with sprinkler tampering.  Chief Jones said that many systems were equipped with alarms which were set off when tampering occurred.

 

Council Member Capowski asked whether or not the Fire Department's work load would increase if all fraternities and sororities on the campus chose to install sprinkler systems.  Chief Jones said this would be the case for a brief time period.

 

Mayor Waldorf inquired about the status of sprinkler installation in the University's dormitories.  Chief Jones said that the University's policy was to require sprinkler systems in new and renovated buildings on the campus.  Mayor Waldorf said she believed that the Council should be resolute in moving ahead in this matter as soon as possible.

 

Council Member Franck called the question.

 

RESOLUTION B WAS ADOPTED UNANIMOUSLY (8-0).

 

A RESOLUTION CALLING A PUBLIC HEARING ON A TOWN ORDINANCE REQUIRING THE INSTALLATION OF AUTOMATIC FIRE SPRINKLER SYSTEMS IN FRATERNITY AND SORORITY HOUSES  (96-5-29/R-12b)

 

WHEREAS, the Town of Chapel Hill and University of North Carolina community have recently suffered a tragic loss of life as a result of a fire at the Phi Gamma Delta Fraternity House on Cameron Avenue; and,

 

WHEREAS, the Council finds that the installation of automatic fire sprinkler systems in existing and new buildings used as fraternity and sorority houses would substantially lower the risks of loss of human life from such a tragedy; and,

 

WHEREAS, the Council wishes to consider a proposed ordinance requiring the installation of automatic fire sprinkler systems in fraternity and sorority houses, subject to approval by the North Carolina Building Code Council or the enactment of enabling legislation by the North Carolina General Assembly; and,

 

WHEREAS, the Council believes that public comment should be received at a public hearing before it considers further this proposed ordinance and that it is appropriate to wait until the fall to consider this matter further in order to allow the entire community an opportunity to participate in this hearing.

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council calls a public hearing for September 16, 1996, on the proposed ordinance to require installation of automatic fire sprinkler systems in fraternity and sorority houses within the Town and its extraterritorial jurisdiction.

 

This the 29th day of May, 1996.

 

COUNCIL MEMBER FRANCK MOVED THAT THE MANAGER DRAFT AN ORDINANCE REQUIRING SPRINKLERS IN NON-RESIDENTIAL AND RESIDENTIAL BUILDINGS OVER A CERTAIN THRESHOLD FOR CONSIDERATION BY THE COUNCIL AT THE SEPTEMBER 16TH PUBLIC HEARING.  COUNCIL MEMBER CAPOWSKI SECONDED THE MOTION.

 

Council Member Franck suggested that staff could possibly bring back the ordinance recently drafted in this regard.  Noting the possibility for objection by some parties, Council Member Capowski suggested that separate hearings be held regarding sprinklers in sorority and fraternity houses and sprinklers in other establishments.

 

Council Member Evans inquired how public notification of the proposals would occur.  Mr. Horton said notification would principally be through advertisements and mailings.

 

Mayor Waldorf said she could forward a letter to the OWASA Board, requesting that the Board investigate the possibility of lowering sprinkler fees.  Council Member Franck said it would be desirable to a decision on this matter from the OWASA Board prior to the September 16th proposed hearing.  Council Member Capowski also said it would be helpful for business persons to know projected costs for fire sprinkler related costs. 

 

Mayor Waldorf noted that the proposed September public hearing would include consideration of regulations relative to new non-residential and existing residential units of a certain size.

Mr. Horton said there was some merit relative to the question of whether the items should be combined or separate.  Council Member Brown noted that the Council had spent a considerable amount of time on this matter recently.  Mr. Horton said far less staff time would be needed if the items were separated.

 

Council Member Evans said she intended to vote against the proposed motion.  Council Member Andresen proposed a compromise position of considering both items and keeping them separated.

Council Member Capowski asked whether or not staff recommended having two separate legislative items at the hearing.  Mr. Horton said this was correct.  Mayor Waldorf said she concurred with the proposal to have two separate items.

 

THE MOTION WAS ADOPTED BY A VOTE OF 6-2, WITH COUNCIL MEMBERS EVANS AND PAVAO VOTING NO.

 

Mayor Waldorf said she would send a letter to the OWASA Board requesting that they consider reducing availability fees.

 

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO AUTHORIZE THE MAYOR TO FORWARD A LETTER TO THE OWASA BOARD REQUESTING REDUCED AVAILABILITY FEES. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

Item 9  Proposed Bond Referendum

 

Mr. Horton presented an overview of the matter, noting that the County Board of Commissioners had appeared to announce its intention not to hold a bond referendum in November, 1996. 

 

Stating that comments from Orange County were relatively vague in this matter, Council Member Pavao said if the Town chose to  delay consideration of a bond referendum on park needs, it might be many years before the Town moved ahead on this matter.

 

Mayor Waldorf said she had received a letter from Orange County Commission Member Alice Gordon earlier in the day, indicating that any joint County/Town effort for parks would need to be tied to school sites.  Council Member Pavao said it was important for the Council to consider the parks and recreation needs for Town residents, including the future Southern Community Park.

 

Stating her belief that there was substantial support for joint Town/County recreation facilities, Council Member Andresen urged Council Members to garner the support of County Commissioners for shared facilties.  Council Member Pavao said there was a genuine feeling that local elected officials should be working more closely together on joint recreation projects such as the Northern Community Park.  Mayor Waldorf said the best possible world would include a joint long-term planning effort with Orange County to address school and parks needs.  She also stated that long-term fire and public works needs to be jointly examined by the Town and Orange County.  Council Member Andresen said although the initiative by local government managers in this regard was an excellent first step, staff did not tend to take bold actions in these types of matters.  Mayor Waldorf said it was up to local elected officials to direct individual staffs on how aggressive these efforts should be.

 

Stating that this fall appeared to be a good time to put a bond issue before the voters, Council Member Chilton said although public works and fire matters were not necessarily exciting to voters, serious consideration should be given to including these items on the proposed ballot.

 

Council Member Pavao expressed concern that the Council kept postponing a decision on the matter of whether or not to hold a bond referendum.  Council Member Chilton suggested that the Council hold a work session on June 3rd to discuss the possibility of a bond referendum.  Council Member Pavao expressed his concurrence with this suggestion.

 

Council Member Capowski said that a bond referendum held in November, 1996 probably had a good chance of passage by voters, if a good public education were developed.  He requested that staf develop a prioritized list of possible projects for the proposed June 3rd Council work session.  Mr. Horton said he would be pleased to do so.

 

Council Member Evans inquired whether or not any State funds were still available for parks improvements.  Assistant Town Manager Sonna Loewenthal said such funds were still available and Town staff was putting together an application to request a portion of these funds.

 

Mayor Waldorf said the Council would hold a work session beginning at 6:00 p.m. on Monday, June 3rd to discuss capital needs.

 

Item 10  Comprehensive Grant Program

 

Tina Vaughn said the resolution before the Council would authorize Town staff to submit a request to the United States Department of Housing and Urban Development for a community development plan totalling $380,000.  She also said that the Housing and Community Development Advisory Board recommended submittal of the proposed plan.

 

COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 13.

 

Noting that she had toured the South Estes community yesterday, Council Member Evans inquired about the number of units currently occupied and unoccupied in this community.  Ms. Vaughn said that renovation efforts were underway in nineteen of the community's forty-four units, of which four were very close to being occupied.  She noted that none of the renovated units were currently occupied.  Council Member Evans asked whether or not the amount earmarked for renovations in the Craig/Gomains neighborhood was realistic.  Mr. Horton said this would be difficult to determine until bids were actually received by the Town.

 

RESOLUTION 13 WAS ADOPTED UNANIMOUSLY (8-0).

 

A RESOLUTION AUTHORIZING THE SUBMISSION OF AN ANNUAL STATEMENT FOR A COMPREHENSIVE GRANT PLAN FOR 1996-97 (96-5-29/R-13)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to submit a Comprehensive Grant Plan Annual Statement, as described in the Manager's memorandum to the Council dated May 29, 1996, to the U.S. Department of Housing and Urban Development (HUD), including compliance with all HUD policies, procedures, and regulations required therein, for a program of $380,531 in Comprehensive Grant Program funds.

 

BE IT FURTHER RESOLVED that the Manager is hereby designated as the authorized representative of the Town to act in connection with submittal of an Annual Statement and to provide such additional information as may be required.

 

This the 29th day of May, 1996.

 

Item 11  Bell South PCS Franchise Agreement

 

Mr. Horton noted that the Council was considering the proposed franchise on second reading this evening.  Assistant to the Manager Greg Feller presented an overview of the proposed agreement.

 

Alliance of Neighborhoods member Madeline Jefferson expressed concern that she had not received notification of the proposed project.  She expressed concern that the proposed seventy foot tall pole and accompanying base would be an aesthetic intrusion in her neighborhood.  Ms. Jefferson also inquired whether or not the proposed pole was in the Resource Conservation District and how the proposed tower would impact existing property values.  She also expressed her support for the proposal that revenues from the tower be set aside for the acquisition of open space.  Assistant to the Manager Greg Feller said a notice of the proposed tower had been mailed to residents within one thousand feet of the proposed location, based on Orange County tax records.  He also said staff had no information about possible impacts on property values

 

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT ORDINANCE 6.

 

Bell South PCS' attorney Travis Porter said although he was not an expert on property values, the general experience with cellular towers was that homes in these areas did not sell any better or worse than homes in other areas.

 

Council Member Chilton noted that the proposed ordinance would authorize solely the proposed tower referenced in Resolution 14.  He inquired whether or not it was correct that proposed future towers on Town property or right-of-way would need to be approved by the Council.  Mr. Horton said this was correct.

 

Noting that federal regulations did not permit denial of a tower request based on environmental health concerns, Council Member Andresen inquired whether or not there were other bases for denying such requests.  Mr. Karpinos said it was necessary to evaluate each request on an individual basis.  Council Member Andresen suggested the possibility of the Council establishing a policy of requiring two weeks notice of application of this type.  Noting that she continued to have neighborhood-related concerns, Council Member Brown said she would continue to vote against the request.

 

Stating that homes closest to the proposed tower were across the bypass, Council Member Capowski said the impact of the single tower would be very small.

 

ORDINANCE 6 WAS ADOPTED ON SECOND READING BY A VOTE OF 6-2, WITH COUNCIL MEMBERS ANDRESEN AND BROWN VOTING NO.

 

AN ORDINANCE GRANTING A FRANCHISE TO BELLSOUTH CAROLINAS PCS, LIMITED PARTNERSHIP, TO PROVIDE TELEPHONE SERVICES IN THE TOWN OF CHAPEL HILL (96-5-29/O-6)

 

BE IT ORDAINED by the Town Council of Chapel Hill that the Council hereby grants a franchise to BELLSOUTH CAROLINAS PCS Limited Partnership to operate a telephone system in the Town subject to the following conditions:

 

Scope of Services

 

The company may provide the following services:

 

Personal Communications Service provided pursuant to authority granted by the Federal Communications Commission.

 

This franchise does not authorize the company to provide cable television or video services, for which a separate franchise could be requested.  This franchise does not authorize placement of public use telephones on Town property or public right-of-way.

 

Separate lease and encroachment agreements

for antenna tower locations

 

This franchise ordinance does not approve locations for antenna towers on Town street rights-of-way or other Town-owned land. Such locations may be approved through lease and encroachment agreements.

 

Relocation of equipment

 

Any of the company's equipment which may be located in public right-of-way of other Town property shall be subject upon 180 days' written notice by the Town to removal or relocation at the company's sole expense to other place(s) satisfactory to the Town Manager; provided that places satisfactory to the Town Manager are available within such period and will not result in a material adverse affect on the quality of company's personal communication service provided to the Town, otherwise, such time period shall be extended as reasonably necessary for the company to find an adequate relocation site.

 

Subject to the time frames referenced in the preceding paragraph, removal or relocation may also be required by the Town due to street or utility improvements in general, due to public health and safety problems upon a determination by the Town or for other just and reasonable cause as may be determined by the Town. 

 

Upon the Town's determination of an emergency need to remove equipment, such removal shall occur within the time period determined reasonably necessary by the Town after consultation with the company.  Emergency needs are not subject to the time limits stated above.

 

Disturbance of Property Within a Right-of-Way; Inspections

 

Any disturbance of property within or affecting the public right-of-way, as may be necessary for the installation and/or connection of services by the franchisee, must receive prior approval of the Town Manager or Manager's designee and shall be subject to inspection and approval by the Town.

 

Term of Franchise

 

The term of the franchise shall be 10 years from acceptance by the franchisee, with the possibility of renewal subject to filing of a renewal application at least one year before the franchise expiration.

 

Letter of Credit, Fees and Taxes

 

The company shall maintain a letter of credit in the amount of $50,000, or a guarantee of company's general partner, acceptable to the Town Manager, with the required amount to be replenished as necessary to maintain the required balance at all times to ensure compliance with all applicable State or local laws, ordinances and regulations and directives of the Town, with terms of the franchise and to ensure payment of any applicable fees and taxes due to the Town.  So long as the company is subject to and does pay the state franchise tax imposed pursuant to N.C.G.S. §105-120, the Town shall not, and does not currently, charge a license, privilege or franchise tax on the company which is not authorized by law and applicable to other similar businesses.  Should the Town seek to impose a fee or tax on the company in the future, the company shall have not less than 120 days notice prior to the effective date of such fee or tax, and shall have the right to terminate the franchise provided that it shall remove its equipment from the Town property or public right-of-way within 60 days of termination.

 

Insurance and Indemnification of the Town

 

The company shall maintain general liability insurance naming the Town as an additional insured party and in a form satisfactory to the Manager.  General liability coverage shall be in the amount of at least $1,000,000.

 

The company shall be required, by acceptance of the terms and conditions of this franchise, to indemnify the Town from all damages which may arise in connection with the company's actions and omissions and to defend the Town at the company's sole expense against any claims in connection with the company's actions and omissions.

 

 

Compliance With All Applicable Laws, Ordinances and Regulations

 

The company shall comply with Town ordinances, construction codes, other policies adopted by the Council, administrative regulations issued pursuant to Council action or policy, with directives of the Town which may be issued under the franchise ordinance terms or general law, provided that such policies directives, codes and regulations are consistent with State and Federal laws and regulations, and with all applicable State and federal laws and regulations, including any requirement for State right-of-way encroachment agreements, etc.  Failure to comply shall be grounds for revoking the franchise.

 

Acceptance of Franchise Terms

 

The company shall within 120 days of adoption of this franchise ordinance on second reading accept all terms and conditions of the franchise ordinance.

 

Revocation Procedure

 

If the franchise is revoked by the Council for failure to comply with any term or condition of this franchise, the company shall cease utilizing its facilities located on Town property or public right-of-way within 120 days of receiving notice of revocation and remove its equipment from public right-of-way within 180 days.  Upon the company's failure to do so, the Town shall have the right to remove the equipment and to draw funds from the letter of credit or to call upon the guarantee to cover such costs.

 

Before a decision to revoke the franchise, the Council shall adopt a resolution of intent to revoke the franchise with a statement of the reasons for revocation and shall cause a copy of the resolution to be delivered or mailed by first class mail to the company.  The company shall have 30 days from receipt of the resolution to respond in writing to the Council's resolution of intent to revoke.

 

Transfer of ownership

 

A change or changes in ownership of the franchisee cumulatively totalling a 25% or greater interest in the company shall be subject to review and reasonable approval by the Town Council within 120 days of receipt by the Town Manager of a request from the company for review of such a change(s) in ownership.  In the event the Town Council reviews and for good cause, duly substantiated, objects to the change in ownership it shall have the authority to revoke the Franchise in accordance with the procedure set forth in the preceding paragraph.  It is acknowledged that the company is a limited partnership consisting of multiple entities identified on Exhibit A attached hereto and provided further that a change in partnership shares among such entities or their affiliates shall not be deemed a change in ownership pursuant to this paragraph.

 

This the 29th day of May, 1996. (Second reading)

 

 

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO ADOPT RESOLUTION 14. 

 

Council Member Chilton inquired why the $12,000 per year figure was not included in the lease encroachment agreement before the Council this evening.  Mr. Horton said the figure had been agreed upon after the initial agreement was drafted.

 

RESOLUTION 14 WAS ADOPTED BY A VOTE OF 5-3, WITH COUNCIL MEMBERS ANDRESEN, BROWN AND CHILTON VOTING NO.

 

A RESOLUTION AUTHORIZING A RIGHT-OF-WAY ENCROACHMENT AND LEASE  AGREEMENT (96-5-29/R-14)

 

BE IT RESOLVED by the Town Council of Chapel Hill that the Council hereby approves, and authorizes the Manager to execute on behalf of the Town, a lease and encroachment agreement in substantially the form submitted by the Manager on May 29, 1996 in connection with a proposed ordinance granting a franchise to BellSouth Carolinas PCS.

 

This the 29th day of May, 1996.

 

Item 12  Webb Taxicab Driver Permit

 

Mr. Horton said his recommendation was unchanged in this matter.

 

Clarence Webb said that there was only one isolated, violent incident on his record, in January, 1985.  Stating that he had tried to resolve this matter peacefully, Mr. Webb said he regretted that the incident had ever happened.  He also said that the background report before the Council did not give all the small details relative to the matter.

 

Steve Gomez stated that he had been addicted to heroin for about twenty years at one time in his life.  Mr. Gomez said people in the community had reached out to help him better himself.  Mr. Gomez also said that he had known and worked with Mr. Webb for the past five years.  He requested that the Council give Mr. Webb the opportunity to earn an honest living by operating a taxicab.

 

Edward Ingram said Mr. Webb was the first person he met when he came to live in the Town.  Stating that Mr. Webb was always willing to help out his fellow man, Mr. Ingram urged the Council not to judge Mr. Webb on his past.

 

Noting the importance of providing a certain level of safety to citizens, Mayor Waldorf said she intended to change her vote on this matter.

 

Stating it was not easy to make a decision on this matter, Council Member Chilton said as far as he could tell Mr. Webb had turned his life around.  Council Member Chilton said Mr. Webb ought to be given another opportunity. 

 

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADOPT ORDINANCE 7.  THE VOTE ON THE MATTER WAS TIED 4-4, WITH COUNCIL MEMBERS ANDRESEN, BROWN, CAPOWSKI AND CHILTON VOTING YES AND COUNCIL MEMBERS EVANS, FRANCK, PAVAO AND MAYOR WALDORF VOTING NO. 

 

Mr. Karpinos noted that by virtue of the tied vote, the matter would be carried over to the next regular business meeting.

 

Item 13 Cable Television Franchise Renewal Process

 

Noting that a large portion of the franchise renewal process was governed at the federal level, Assistant to the Manager Greg Feller said there were two resolutions before the Council regarding calling a hearing on franchise renewal. 

 

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER FRANCK, TO ADOPT RESOLUTION A.

 

Council Member Capowski noted that the substance of the agreement, excepting public access matters, had been decided several months ago.

 

Council Member Evans inquired whether or not it was correct that forty plus channels would be accessible without a converter box. Council Member Capowski said this was correct.  Council Member Evans inquired whether or not it was correct that the Learning Channel would not be scrambled.  Mr. Feller said this was correct.  Council Member Capowski said the proposal called for CNN and CNN Headline News to be included in the lower forty-one channels.  Mr. Horton noted that provisions of existing laws prohibited specifying programming in the draft franchise agreement.

 

RESOLUTION A WAS ADOPTED UNANIMOUSLY (8-0).

 

A RESOLUTION CALLING A PUBLIC FORUM ON JUNE 10TH TO RECEIVE CITIZENS' COMMENTS ON PROPOSED TERMS OF FRANCHISE (96-5-29/R- 15a)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby calls a public forum at 7 pm on Monday, June 10, 1996 in the Council Chamber at Town Hall to receive citizens' comments on the proposed terms for renewing the cable television franchise now held by Time Warner Cable.

 

This the 29th day of May, 1996.

 

Item 15 Parks and Recreation Services

 

Mayor Waldorf said the crux of the proposed resolution was to prepare a process for maximizing joint capital planning and development of parks facilities.

 

COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 17. 

 

Council Member Pavao inquired how this resolution would interface with the task force on joint use of parks and school facilities. Mayor Waldorf said the resolution was intended as an expedient to the overall process.

 

RESOLUTION 17 WAS ADOPTED UNANIMOUSLY (8-0).

 

A RESOLUTION AUTHORIZING THE MANAGER OF THE TOWN OF CHAPEL HILL TO WORK WITH THE MANAGERS OF THE TOWNS OF CARRBORO AND HILLSBOROUGH, AND THE ORANGE COUNTY MANAGER TO PROCEED WITH PREPARATIONS FOR JOINT CAPITAL PLANNING AND JOINT OPERATIONS FOR THE RESPECTIVE PARKS AND RECREATION DEPARTMENTS (96-5-29/R-17)

 

WHEREAS, in September, 1994, the Orange County Assembly of Governments recommended that the staffs of Carrboro, Chapel Hill, Hillsborough and Orange County make recommendations to their respective governing bodies about opportunities for joint planning for use of capital improvements for recreation and park services, and that representatives of both school systems be involved; and

 

WHEREAS, a work group was formed and presented its report to the Assembly of Governments on January 30, 1996;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Town Manager to proceed to:

 

1.         Cooperatively prepare a recommended process for joint capital planning and joint operations for parks and recreation services to the people of Orange County;

 

2.         Maximize joint development and use of facilities by schools, parks and local governments;

 

3.         Address whether this approach has potential to reduce long-term capital and operating costs;

 

4.         Consider the value of planning and developing district parks for Orange County;

 

5.         Consider dedicated revenue sources for parks; and

 

6.         Report to the governing boards by September 16, 1996.

 

This the 29th day of May, 1996.

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO ADOPT RESOLUTION 18.

 

Council Member Capowski asked whether or not representatives of the Alliance of Neighborhoods and Sierra Club were to be included.  Council Member Brown said yes.  Council Member Evans inquired about the possibility of adding a representative from the League of Women Voters.  Council Members Pavao and Brown agreed to add a representative from the League of Women Voters.

 

RESOLUTION 18, AS AMENDED, WAS ADOPTED UNANIMOUSLY (8-0).

 

A RESOLUTION REGARDING EXPANSION OF THE SUSTAINABILITY COMMITTEE (96-5-29/R-18 )

 

WHEREAS, the Town Council has appointed a committee of citizens to make recommendations on how to use principles of sustainability in planning the future of the Chapel Hill area; and

 

WHEREAS, the Council has received reports from UNC Planning classes led by Professor David Brower regarding operationalizing sustainability principles and, on April 22, regarding measures of sustainability; and

 

WHEREAS, on April 22, the Council requested recommendations from Mayor pro tem Brown and Council Member Pavão on expanding the membership of the Sustainability Committee;

 

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

 

1.         Invites the following community organizations to designate representatives to serve on the expanded Sustainability Committee:

 

·        Appearance Commission/Design Review Board

·        Board of Realtors

·        Chamber of Commerce

·        Durham-Chapel Hill Homebuilders' Association

·        Habitat for Humanity

·        Inter-Faith Council

·        League of Women Voters

·        Orange County Women's Center

·        Resident's Council

 

 

2.         Authorizes Mayor pro tem Brown and Council Member Pavão to contact the above organizations on behalf of the Council and invite them to designate representatives on the Sustainability Committee.

 

3.         Authorizes Mayor pro tem Brown and Council Member Pavão to request the Sustainability Committee to develop a process which would include interested citizens to work on prioritized indicators.

 

This the 29th day of May, 1996.

 

Item 17  Purchase/Use of Recycled Paper

 

Council Member Franck said it was important to get the Council to agree on the matter of recycling of paper.

 

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 19.   THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

A RESOLUTION SETTING STANDARDS FOR POST-CONSUMER CONTENT IN RECYCLED PAPER PURCHASED BY THE TOWN OF CHAPEL HILL (96-5-29/R-19)

 

WHEREAS, a municipality's interest is served when government agencies can make more efficient use of natural resources by maximizing recycling and preventing waste wherever possible; and

 

WHEREAS, the amount of waste per capita in North Carolina actually rose in 1995, rather than decreasing; and

 

WHEREAS, Chapel Hill is determined to strengthen the role of municipal government as an enlightened, environmentally conscious consumer; and

 

WHEREAS, Chapel Hill should, through cost-effective waste prevention and recycling activities, work to conserve disposal capacity and serve as a model in this regard for private and public institutions; and

 

WHEREAS, the use of recycled and environmentally friendly products and services by Chapel Hill can spur private sector development of new technologies and use of such products, thereby creating business and employment opportunities and enhancing regional and local economies;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill, in celebration of Earth Day, 1996; that:

 

Section 1:  By the end of 1996, all printing and writing paper purchased by any municipal department or office will, except when the cost differential is prohibitive, contain at least 20 percent post-consumer material.  Bids for such paper will be sought starting immediately upon completion of current contracts.  If more cost effective, said paper shall be purchased by the Town through State contracts.

 

Printing and writing paper refers to high-speed copier paper, offset paper, computer printout paper, carbonless paper, file folders, white woven envelopes, and other uncoated paper.

 

Section 2.  All municipal departments and offices will, except when the cost differential is prohibitive, purchase printing and writing paper with at least 30 percent post-consumer material by the end of 1998.

 

Section 3.  The post-consumer content requirements shall apply to all printing and writing paper used for typing, computer printing and photocopying by municipal departments and offices.  All materials printed for municipal departments or offices by outside vendors will, except when the cost differential is prohibitive, also be printed on papers that meet these standards for post-consumer material.

 

This the 29th day of May, 1996.

 

Council Member Brown inquired about the Council's options relative to funding of the revitalization program.  Mr. Horton said the funds could be taken from the work of the Pine Knolls Association or the IFC training program.  Mr.Horton said the projct could go ahead, with it taking a little longer for the Craig-Gomains project to be completed.

 

COUNCIL MEMBER CHILTON MOVED,SECONDED BY COUNCIL MEMBER PAVAO, TO ADOPT RESOLUTION 7.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

A RESOLUTION APPROVING A REVISED 1996-97 COMMUNITY DEVELOPMENT PLAN AND A REVISED 1996-1999 THREE-YEAR COMMUNITY DEVELOPMENT PLAN (96-5-29/R-7)

 

WHEREAS, the Council of the Town of Chapel Hill held two public hearings to receive ideas from citizens about how federal Community Development Block Grant funds could be spent in 1996-97; and

 

WHEREAS, on April 22, 1996, the Town Council of the Town of Chapel Hill approved a one-year plan for action for 1996-97 based on  two alternative grant amounts and a three-year  Community Development Plan based on a grant of $468,000;  and

 

WHEREAS, the U.S. Department of Housing and Urban Development has allocated the Town of Chapel Hill  $459,000 of Community Development funds for fiscal year 1996-97;

 

NOW THEREFORE, BE  IT RESOLVED that based on the Town's allocation of Community Development funds, the Town Council approves the following revised action plan for 1996-97 and three-year plan for 1996- 1999:

 

One Year Plan                                                  Funding Amount          

Rehabilitation of Public Housing                        $341,000                                                                     Neighborhood Revitalization                             $  45,000                                                                     Community Services                                         $  20,000                                                                     General Administration                          $  53,000                                                                                                                                             $459,000                                               

 

Three-Year Plan                       1996-97                       1997-98           1998-99

 

Rehabilitation of

     Public Housing                     $341,000                    $341,000         $341,000

Neighborhood

     Revitalization                       $  45,000                     $  45,000         $   45,000       

Community Services                 $  20,000                     $  20,000         $   20,000       

General Administration  $  53,000                     $  53,000         $   53,000       

$ 459,000                    $ 459,000        $ 459,000

 

BE IT FURTHER RESOLVED that the Council authorizes the revised one-year action plan to be incorporated into the revised Consolidated Plan developed with Orange County, Hillsborough, and Carrboro for submission the U.S. Department of Housing and Urban Development.

 

This the 29th day of May, 1996.

 

The meeting concluded at 11:14 p.m.