MINUTES OF A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE TOWN  OF CHAPEL HILL, NORTH CAROLINA, MONDAY, JANUARY 27, 1997 AT 7:00 P.M.

 

Mayor Waldorf called the meeting to order at 7:00 p.m.  Council Members in attendance were Julie Andresen, Joyce Brown, Joe Capowski, Mark Chilton, Pat Evans, Richard Franck, Lee Pavao and Edith Wiggins.  Also in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Planning Director Roger Waldon and Town Attorney Ralph Karpinos.

 

Item 1   Ceremonies

 

Mayor Waldorf and the Town Council expressed thanks and presented  plaques of appreciation to the following recently retired Town employees:   Sam Frederick of the Library (15 years of service), Reggie Farrow of the Fire Department (26 years of service), Bill Terry of the Fire and Public Works Departments (28 years of service) and Frankie Dumore of the Public Works Department (33 years of service).  Mayor Waldorf also noted that Beth Kell of the Transportation Department (15 years of service), Sam McKinney of the Public Works Department (23 years of service) and Lee Burgess of the Public Works Department (28 years of service) were unable to attend this evening’s ceremony. 

 

Mayor Waldorf called forward three visitors from Saratov, the Town’s Sister City in Russia. The visitors thanked Mayor Waldorf, Chapel Hill News Editor Ted Vaden, Sister City Volunteer Dirk Spruyt and other persons for their hospitality and courtesy.

 

There were no hearings.

 

Item 3  Petitions

 

Mayor Waldorf noted that Margaret Sachs, a Curtis Road resident, had submitted a petition to the Council expressing concerns about traffic safety in her neighborhood.

 

COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL MEMBER EVANS TO REFER MS. SACHS PETITION TO STAFF.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Expressing concern for the safety of pedestrians in the NC 54/Hamilton Road area, UNC Student Liaison to the Council Brett Perry asked that the Council investigate the possibility of rerouting

buses off NC 54 and  more traffic signals in this area.  He also suggested that bicycle lane projects be initiated for Legion Road and U.S. 15-501.

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, TO REFER THE MATTER TO STAFF.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Council Member Andresen suggested that potential traffic calming options be outlined in the staff’s follow-up report.  Mayor Waldorf said this was a good idea.

 

Council Member Andresen requested that staff follow-up on establishing a possible meeting date

and time for continuation of the Council’s January 18th planning session.  Mayor Waldorf said such arrangements were in process.

 

Council Member Chilton noted that students from one of  UNC Law School Dean’s Judith Wegner’s class were in attendance at this evening’s Council meeting.

 

Item 4  Adoption of Council Meeting Minutes

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADOPT THE MINUTES OF OCTOBER 16, 28, NOVEMBER 4, 11, 18, 19 AND 26 AND DECEMBER 4, 1996.  THE MOTION WAS ADOPTED UNANIMOUSLY

(9-0).

 

Item 5  Schedule for Appointments to Boards and Commissions

                       

Council Member Franck proposed that the appointment calendar be adjusted so that appointments to the Planning Board and Appearance would take place in early May, rather than early June.

 

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER FRANCK, TO ADOPT RESOLUTION 1, AS AMENDED, INCLUDING THE AMENDMENT SUGGESTED BY COUNCIL MEMBER FRANCK.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION REGARDING THE PROCESS FOR CONSIDERING APPOINTMENTS TO TOWN ADVISORY BOARDS AND COMMISSIONS (97-1-27/R-1)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the following schedule for appointments to Town advisory boards and commissions:

 

June 9                          Housing and Community Development Board

                                    Personnel Appeals Committee

 

May 27                        Board of Adjustment

                                    Parks and Recreation Commission

                                    Transportation Board

 

May 12                        Appearance Commission/Design Review Board

                                    Planning Board

 

 

June 23                        Greenways Commission

                                    Historic District Commission

                                    Orange Water and Sewer Authority

 

BE IT FURTHER RESOLVED that nominations for appointments shall be made at the regular meeting preceding scheduled appointments.

 

This the 27th day of January, 1997.

 

Item 6  Response to Eastwood Lake Petition

 

Stating that Eastwood Lake functioned at part of a stormwater management system, Council Member Andresen inquired whether or not Council Members were satisfied with the staff’s response on this item.  Council Member Evans said she was comfortable with the Manager’s report.  Mayor Waldorf noted that Town staff would work with area residents in the future process of dredging of  Eastwood Lake. Council Member Andresen requested that, if possible, fill from the dredging be used for landfilling purposes.  

 

Item 7  Estates Planned Development

 

Persons wishing to testify in the matter were sworn.   Town Attorney Ralph Karpinos noted that the applicant’s attorney had requested the opportunity to address the Council.

 

Lee Ann Neese, the applicant’s attorney, requested that the Council vote on her client’s application this evening, rather than postponing the matter to another evening.   Ms. Neese noted that her client was willing to make a payment in lieu for recreation space, as outlined in Resolution B. 

 

Mr. Karpinos noted that Council adoption of  Resolution C would result in the matter being remanded to the applicant and staff to work out various project design related items.

Mr. Karpinos said the recommended return date for this item would be February 24th, with the public hearing being readvertised to incorporate any comments relative to any project design changes or new information tied to the applicant’s request.

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION C.

 

Noting that her major concern was the provision of on-site recreation, Council Member Evans said she supported the adoption of Resolution C.

 

Stating that she favored adoption of Resolution C, Council Member Andresen requested that the

applicant address traffic and pedestrian safety matters and recreation space relative to the proposed development. 

 

Council Member Brown asked how the stipulations outlined in Resolution B would be brought into any new discussions with the applicant.  Mr. Horton said staff would take up each condition of approval with the applicant.  Mr. Karpinos asked whether it was Council Member Evans’ intent to reconvene the public hearing on February 24th.  Council Member Evans said this was her intent.

 

Council Member Franck said he was not satisfied with the roadway circulation plan and intended to vote against Resolution C.  Council Member Franck said he was not opposed to having the applicant looking at traffic circulation matters.

 

Council Member Capowski requested that staff emphasize the importance of minimizing traffic impacts and safety concerns relative to Kingston Drive.

 

Council Member Brown asked whether all of the resolutions before the Council would come back before the Council on February 24th, if  Resolution C were approved.  Mr. Horton said all but Resolution  C would come back before the Council.  He added that anything new to be added would also be brought back before the Council.

 

Council Member Andresen said she requested that new traffic studies be provided relative to the applicant’s proposal.  Mayor Waldorf asked whether Council Member Andresen was requesting a traffic study based on the Westminster Drive  median cut. Council Member Andresen said no.

Council Member Wiggins said she hoped that the applicant would consider lowering density as one way of dealing with traffic-related concerns.  Mayor Waldorf asked whether Council Member Andresen was suggesting that the Council request and pay for a traffic study.  Council Member Andresen said this was correct.

 

RESOLUTION C PASSED BY A VOTE OF 8-1, WITH COUNCIL MEMBER FRANCK VOTING NO.

 

A RESOLUTION REMANDING THE ESTATES APPLICATION TO THE TOWN MANAGER AND THE APPLICANT FOR CONSIDERATION OF REVISIONS TO THE APPLICATION (97-1-27/R-2c)

 

WHEREAS, the Chapel Hill Town Council has considered at Public Hearing the Estates application for a Special Use Permit;  and

 

WHEREAS members of the Town Council have raised a number of concerns regarding the current design of the proposal, specifically indicating concerns that the project as currently designed may not:

 

1.         Be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;

 

2.         Comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Articles 12, 13, 14 and 18, and with all other applicable regulations;

 

3.         Be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property, or be a use or development that is a public necessity; and

 

4.         Conform with the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.

 

The basis of these concerns having been expressed by members of the Town Council at the conclusion of the public hearing on January 13, 1997.

 

NOW THEREFORE BE IT RESOLVED that the Council refers and remands the application to the Town Manager and the applicant for further discussion and possible revision of the application to address the concerns that have been expressed by the Town Council.

 

This the 27th day of January, 1997.

 

Council Member Andresen inquired about the viability of a new traffic study.  Mr. Horton said it would not be possible for staff to complete a traffic study within four weeks.  Jack Smyre, the applicant’s representative, said that the applicant had provided a comprehensive traffic study which indicated that there would be a level of service “B” at the median cut of Westminster Drive and NC 86.  Council Member Andresen asked whether or not staff customarily studied applicant’s traffic studies in detail.  Stating that such documents were generally studied for broader areas, Mr. Horton stated that the Town’s transportation staff had concluded that the applicant’s traffic study was acceptable.  Mayor Waldorf inquired about the Council’s wishes relative to the traffic study. Council Member Andresen said she was not satisfied with the existing traffic study.  Mayor Waldorf noted that the matter was remanded to the staff and the applicant for a follow-up report on February 24th.

 

Item 8   Kent Woodlands Subdivision

 

Mr. Waldon stated that the applicant was proposing an alternate construction access to the proposed Kent Woodlands site.  He noted that a memorandum with two corrections in Resolution

A had been placed before the Council this evening.

 

Council Member Andresen requested a clarification of the proposed stubout situation.  Mr. Waldon provided a clarification of the situation. Council Member Capowski inquired whether or not the proposed temporary recreation area was flat and dry.  Mr. Waldon said the proposed area was about as fly and dry as possible in this part of the Town.

 

Stating that the applicant had signed an agreement with the Cobble Ridge Neighborhood Association and the Town on January 17th relative to proposed alternate site access for construction, Phil Post requested that the Council adopt Resolution A this evening.

 

Janet Birenbaum, representing the Cobble Ridge Homeowners Association, stated that the agreement referenced by Mr. Post had been signed by David McGrain, the homeowners Association president, who was unable to attend this evening’s meeting.  Ms. Birenbaum expressed the homeowner association’s appreciation to the Mayor and Council, Ms. Zinn and Mr. Post and Town staff for their assistance in resolving this matter.  Ms. Birenbaum said the Cobble Ridge Homeowners Association supported the Council’s adoption of Resolution A.  She also requested that the proposed stubout from Nuttree Lane be offset, rather than directly across.

 

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADJOURN THE PUBLIC HEARING.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO ADOPT RESOLUTION 3A.

 

Council Member Andresen requested that the Council consider options relative to the proposed stubout.   Mr. Horton said it was not possible at present to determine the actual physical location of the future stubout. 

 

COUNCIL MEMBER CHILTON MOVED THE ADOPTION OF RESOLUTION A, INCLUDING THE RELEVANT CHANGES RECOMMENDED BY PLANNING STAFF.

 

Council Member Brown inquired about the possibility of  adding language to protect the Council relative to stubouts.  Mr. Horton said that relevant language was included in Resolution A regarding the offsetting stubout.  Mr. Horton also said he would not recommend  having no stubout.  Council Member Andresen said it would be difficult to turn down a future development proposal on the contiguous parcel because doing so would deny the owner the reasonable use of their land.  Council Member Brown asked whether or not it was correct that there was no guarantee that the stubout had to be used.  Mr. Horton said this was just a matter of law.  Council Member Andresen said it was terrific when a developer took the initiative to address the concerns of neighbors, resulting in a win/win situation for all parties. 

 

RESOLUTION A, AS REVISED, WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION APPROVING A PRELIMINARY PLAT APPLICATION FOR KENT WOODLANDS SUBDIVISION (SD 122-B-14C) (97-1-27/R-3a)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Preliminary Plat application, proposed by Barndoor Properties, Inc., on property identified as Chapel Hill Township Tax Map 122, Block B, Lots 14C, 15A, 15F, and 16, if developed according to the preliminary site plan dated January 23, 1996 (revised May 7, 1996), the attached Proposal for Temporary Construction Access (dated January 17, 1997) prepared by the applicant, and the conditions listed below, would comply with the provisions of the Development Ordinance.  These findings are based on the following:

 

                                                Stipulations Specific to the Development

 

1.                  A.  Development:  That this approval authorizes the creation of no more than 26

                   buildable lots.

 

            B.   Temporary Construction Access:  That the developer shall provide temporary

                  Infrastructure access through the adjacent Tate property fronting on Culbreth Road.

 

2.         Required Improvements: 

 

A.  That all internal roadways be constructed with a 27 foot cross-section with curb and gutter, and sidewalk on at least one side of each roadway within a 50 foot right-of-way.

 

B.  That an internal roadway be provided as a stub-out and future connection to the adjacent property to the south.  If possible, this stub-out shall be off-set from Nuttree Lane, subject to the Town Manager’s approval of the off-set design to discourage through traffic.

 

C.  That an improved pedestrian/bike path be provided to access Smith Level Road subject to approval by the Town of Carrboro.  One possible location of the improved path is in the southwest corner of the property connecting to Woodcrest Drive.

 

D.  That the developer install a Town limit sign within the public right-of-way at the jurisdictional boundary line.

 

E.   That the developer shall install Town standard Manual of Uniform Traffic Control Devices (MUTCD) signs at the Cobble Ridge Subdivision, Phase 1 and 2 entrance to Kent Woodlands Subdivision, subject to Town Manager approval.

 

F.   That the storage or parking of Kent Woodlands of construction related vehicles, equipment, or materials in the Cobble Ridge Subdivision shall be prohibited.

 

3.         Steep Slopes:  That lots with slopes of 10-15% be carefully graded and cleared, in accordance with the Development Ordinance.

 

4.         Buildable Area on Lots:  That prior to issuance of a Zoning Compliance Permit, a plan identifying impervious surface restrictions for the development, including restrictions on each lot, shall be approved by the Town Manager.  The impervious surface restrictions shall be identified on the final plat for each lot, with an area indicating the limits of allowable impervious surface on each lot.  A note shall be included on the final plat that states that impervious surface shall be restricted to the area identified on each lot.

 

 

                                                Stipulations Related to Recreation Area

 

5.                Recreation Area:  That the property owners and residents of this development be part of an overall Homeowners' Association for both the Chapel Hill and Carrboro portions of this development and that the property owners and residents on the Chapel Hill side shall be allowed to access and utilize the recreation area and open space on both the Chapel Hill side and the Carrboro side of the development, subject to Town of Carrboro approval.

 

6.                Temporary Active Recreation:  That the developer shall not build on a lot with a minimum  of 14,016 square feet of gross land area, in the area of lot 52, until active recreation area is available on the Carrboro portion of this development, as determined by the Town Manager.

 

                             Stipulations Related to State and Federal Government Approvals

 

7.         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.

 

8.         NCDOT approval:  That plans for improvements to state-maintained roads be approved by NCDOT prior to issuance of a Zoning Compliance Permit.

 

                                             Stipulations Related to Landscape Elements

 

9.         Landscape Protection Plan:  That a Landscape Protection Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.  The plan shall indicate where the proposed clearing limit lines are located and where tree protection fencing, silt fencing and flagging will be installed.

 

                                    Stipulations Related to Water, Sewer and Other Utilities

 

10.           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.

 

11.           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.

 

12.       OWASA Easements:  That OWASA review the final plans and plat for approval. Easement documents, as required by OWASA and the Town Manager be recorded concurrently with the final plat.

 

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

 

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

 

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

 

                                     Stipulations Related to Resource Conservation District

 

16.       Boundaries:  That the boundaries of the Resource Conservation District be shown on the final plat and final plans with a note indicating that "Development shall be restricted within the Resource Conservation District in accordance with the Development Ordinance."

 

17.       Buildable Lots for Preliminary Plat Applications:  That no lot(s) be created that would require a Resource Conservation District Variance in order to be built upon.

 

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

 

19.       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.

 

                                                          Miscellaneous Stipulations

 

20.       Solid Waste Management:   That a detailed solid waste management plan, including a recycling plan and a plan for managing and minimizing construction debris, be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. 

 

A note shall be included on the plans and recorded on the final plat indicating that, due to the steepness of some of the lots, the Town may require curbside refuse collection for these lots.

 

21.       Detailed Plans:  That final detailed site plan, grading plan, utility/lighting plans, stormwater management plan (with hydrologic calculations), landscape plan and landscape maintenance plan be approved by the Town Manager before issuance of a Zoning Compliance Permit, and that such plans conform to the plans approved by this application and demonstrate compliance all applicable conditions and the design standards of the Development Ordinance and the 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 more than one Certificate 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 complete to a point adjacent to the new phase; and that a note to this effect shall be placed on the final plat. 

 

24.       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.

 

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

 

26.       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.

 

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

 

28.       Construction Sign Required:  That the applicant post a construction  sign that lists the property owner's representative and telephone number, the contractor's representative and telephone number, and a telephone number for regulatory information at the time of issuance of a Zoning Compliance Permit.

 

29.       Signage at Stub-outs:  That the developer shall post a sign at the street stubout indicating that the road is subject to future extension.

 

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 Kent Woodlands Subdivision,  in accordance with the plans and

conditions listed above.

 

This the 27th day of January, 1997.

 

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION  3C.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION DIRECTING THE TOWN MANAGER TO PREPARE A STREET CLOSURE ORDINANCE (97-1-27/R-3c)

 

WHEREAS, the Town Council has approved a preliminary plat application for the Kent Woodlands subdivision; and

 

WHEREAS, the Council seeks to help minimize construction-related traffic traveling on the streets of the adjacent Cobble Ridge neighborhood;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council directs the Town manager to prepare and bring to the Council, at the appropriate time, an ordinance that would temporarily close a portion of Nuttree Lane, allowing a barricade to be temporarily installed.

 

This the 27th day of January, 1997.

 

Item 9  Hudson-McDade House

 

Mr. Horton said the proposal before the Council this evening came about as a result of the efforts of  Mr. Tom Heffner.  Mr. Horton said that the Hudson-McDade house could potentially be relocated to parking lot number two, three or five.

 

Perry Dowd said that safety in the west end of the Town was a big issue for many residents and business owners in this area.  Ms. Dowd said she did not wish to impede the relocation of the Hudson-McDade house or to discourage development on the west end of Franklin Street.  She urged the Council to carefully consider their decision for relocation of the Hudson-McDade house.

 

Kathleen Lord, manager of a small clothing store on Franklin Street., urged the Council to endorse relocation of the house to parking lot number five.

 

Council Member Brown said it was important to locate the house as close as possible to its current location.

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 4B.

 

Noting that he was delighted to support Resolution B, Council Member Capowski said at least part of the house should be used as a welcome center.  Noting that Mr. Heffner had not agreed to these terms, Mr. Horton said the Downtown Commission hoped to be able to use a portion of the house for this purpose. 

 

Thanking all of the people who had called or written to him about this matter, Council Member Franck said he would support the adoption of Resolution B.

 

Expressing appreciation for the letters and comments she had received on this matter, Council Member Wiggins said she was ready to support relocation of the house to parking lot number five. 

 

Noting her support for relocation of the Hudson-McDade house to parking lot number five, Council Member Andresen asked the Manager to draft covenants to protect the house from future dismantlement.  Mr. Horton noted that the staff would bring back a proposed set of lease agreement conditions in the future.

 

Stating that the house would potentially be located across the street from a park, Council Member Capowski said he continued to believe that lot number three was the best location for the Hudson-McDade house.  Council Member Pavao also said although he was not concerned about the potential for inhibiting development on parking lot number five, he was concerned about the need to give up approximately ten parking spaces in order to move the house to lot number five.   Council Member Pavao concluded his remarks by stating that he would not stand in the way of the house being relocated to parking lot number five.   Mayor Waldorf said the Historic District Commission’s first choice was parking lot number two, behind Spanky’s Restaurant.  Council Member Evans said she would consider this option or parking lot number three.

 

Mayor Waldorf noted that the motion on the floor was for relocation of the Hudson-McDade house to parking lot number five.  Historic District Commission member Betsy Pringle stated that the Commission had voted for lots two and five, with parking lot number three as their third choice. 

 

THE MOTION FOR RELOCATION TO PARKING LOT NUMBER FIVE WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION AUTHORIZING THE MANAGER TO NEGOTIATE A PROPOSED LEASE OF PART OF LOT 5 FOR RELOCATION OF THE MCDADE HOUSE

 (97-1-27/R-4b)

 

BE IT RESOLVED by the Chapel Hill Town Council that the Council authorizes the Manager to negotiate with Thomas Heffner a proposed lease of part of lot 5 for relocation of the Hudson-McDade house, and to submit the proposed lease to the Council for consideration along with related procedural actions in accord with the Town Charter and State law.

This the 27th day of January, 1997.

 

Item 10  Discussion of Landfill Owners Group Resolution

 

Council Member Franck briefly reviewed the proposed resolution regarding the northwest small area plan.  Council Member Andresen stated that the proposal for the formation of two groups sounded quite general.  Mayor Waldorf said she had the same observation.  Council Member Brown said the proposal was to form a group of technical experts to draft a detailed study and see which needs were paramount.

 

Stating that the Greene tract was right in the middle of the northwest area, Council Member Capowski asked why the proposed group was not just a part of the northwest small area study group.  Council Member Chilton said it was difficult to move forward with the northwest small area plan with the Greene tract carved out.  He said that the proposal before the Council was a really good idea which was workable.

 

Council Member Andresen said that the tri-government landifll effort should be carefully crafted using a facilitator, with the Dispute Settlement Center involved early in the process. 

 

Stating that there was a great deal of interest in an employment campus, Council Member Evans said she was sorry that the northwest small area plan was delayed in the first place.

 

Council Member Brown said the Greene tract was somewhat unique since it was publicly-owned by three governing entities.  She noted the importance of bringing together all governments and people involved into the process.

 

Mayor Waldorf inquired whether the Greene tract would be absent from consideration of  the proposed northwest small area plan if the Council adopted a resolution on the matter this evening.

 

Mr. Horton said it would be problematic from a land use and road network standpoint to make the Greene tract into a “donut hole”.  

 

Council Member Andresen requested additional information about “setting community needs” and the proposed technical group consisting of consultants and citizens. Mayor Waldorf asked whether or not the proposal was for a detailed analysis of 169 acres without community objectives in place.  Council Member Andresen inquired about the possibility of the Council endorsing the idea in general, and then asking the Landfill Owners Group to come back with additional details.  Council Member Brown said she believed this was the general intention.

 

Council Member Chilton suggested that the staff could develop options for consideration at a future Council meeting.  Council Member Pavao expressed his concurrence with this suggestion. 

Council Member Evans inquired whether or not the Town of Carrboro had adopted an amended resolution on this matter.  Council Member Andresen said that the Town of  Carrboro’s adopted resolution was included at the back of  the  materials for this agenda item.

 

Council Member Brown suggested that two or three Council Members work together to put a proposal together to take before the Landfill Owners Group.

 

Council Member Capowski stated that the matter before the Council dealt with landfill issues, rather than land use planning matters.  He suggested that some other body, such as the Planning Board, be involved with land planning matters, while the Council dealt with the landfill matters.

 

Mayor Waldorf said two big things to consider were that the Greene tract was in Chapel Hill’s planning jurisdiction and that the tract was owned by three governmental entities.  Council Member Andresen said she agreed with Mayor Waldorf about the importance of  keeping these factors in mind.  Council Member Andresen suggested that the Mayor meet with the heads of the other governmental bodies to determine possible further uses of the Greene tract.

 

Council Member Brown said it was difficult to believe that the Council was not in agreement with its earlier instructions on this matter.  Council Member Brown stated that the group was attempting to take a full view of the area regarding sustainability matters.  Noting that he saw the points that Mayor Waldorf and Council Member Andresen were making, Council Member Chilton inquired whether or not any portion of the Greene tract was usable for affordable housing.

 

Referencing the northwest small area plan, Council Member Evans said she did not know whether or not the planning staff needed to bring background materials about environmental matters and area topography back before the Council. Council Member Evans also expressed her concurrence with Council Member Andresen’s suggestion that Mayor Waldorf work with the leaders of the other governmental bodies relative to future of the Greene tract.

 

Mayor Waldorf inquired whether or not there had ever been any discussion about whether or not the Landfill Reserve Fund needed to be reimbursed at some point in the future.  Council Member Chilton said this involved a legal question.  Mr. Karpinos said if the Greene tract were transferred to the ownership of one unit of government, it was logical for the other parties to be reimbursed in their landfill funds.

 

Council Member Franck said that at a recent Landfill Owners Group meeting, he had recommended not adopting the proposed resolution since there was a pretty good framework in place laying out the proposed future uses in the northwest area.

 

Referencing the carrying capacity of  the land and its limits, Council Member Brown said it was important to go ahead with the proposed resolution.

 

Council Member Capowski asked whether or not the Greene tract could be used as a future landfill site.    Council Member Chilton said  that due to airport hazard zone considerations, the Greene tract could not be used for solid waste management purposes.  He also said it was possible that a large landowner might be interested in trading their land for the Greene tract for solid waste  management purposes.

 

Council Member Andresen suggested that the Council think about the matter and revisit it in a few weeks.  Council Member Brown said it was not necessarily important that the Landfill Owners Group attempt to tackle this matter.  She suggested that the Towns of Carrboro and Chapel Hill and Orange County could possibly form a task force to develop an overall process and move ahead.

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT THE RESOLUTION IN ATTACHMENT THREE OF THE AGENDA ITEM BEFORE THE COUNCIL THIS EVENING.

 

Council Member Chilton offered a friendly amendment that the first “be it resolved” paragraph be excluded.  He also suggested the possibility off adding another “be it resolved” paragraph to clarify the roles of Town staff, elected officials and the Landfill Owners Group.  Council Member Andresen expressed her concurrence to add a paragraph clarifying roles.

 

Mayor Waldorf inquired whether the Council wished to act on the matter this evening or table discussion to a future meeting.  Council Member Brown suggested that the Council adopt the proposed resolution excluding the first “be it resolved” and pass a different resolution on process at a later date.

 

Council Member Evans said the most logical thing to do was to refer the matter back to the Manager for the staff to talk to other governments about where to go and what to do about this matter.   Council Members Brown and Evans accepted Council Member Chilton’s earlier friendly amendment regarding exclusion of the first “be it resolved” clause.

 

THE MOTION FAILED BY A VOTE OF 4-5, WITH COUNCIL MEMBERS ANDRESEN, BROWN, CAPOWSKI AND CHILTON VOTING YES.

 

Item  11  Environmental Impact Statements

 

Roger Waldon presented an overview on environmental impact statements, noting that Orange County had environmental impact statement ordinance which mirrored State enabling legislation in this area.  He stated that on balance staff believed that there would be limited usefulness from a Town requirement relative to environmental impact statements.

 

Requesting that the Council adopt a resolution to require environmental impact statements, Council Member Andresen stated that staff could learn from a discovery process while fuller information about environmental matters would be available to the public.  She stated that the Southern Village project would have greatly benefited if an environmental impact statement was required.  Council Member Andresen said she strongly endorsed the concept of requiring environmental impact statements.

 

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT RESOLUTION 6.

 

Council Member Capowski inquired what constituted a “major” development project.  Mr. Karpinos said anything over two acres.  He noted this limit could be set higher.  Council Member Capowski inquired whether or not it was correct that there was no concrete definition of “environmentally sensitive”.  Mayor Waldorf stated that there were a number of other similar instances in the Town’s Development Ordinance.   Stating that there were a number of relatively small projects which had a lot of potential environmental impacts, Council Member Capowski said he was frustrated that this was such a subjective matter.  Council Member Brown said there could be useful information gleaned from environmental impact statements.  Mr. Horton said that staff acknowledged this.  He also said there was no way to tell whether the information relative to environmental impact statements would be of value for individual situations.

 

Council Member Andresen stated that Orange County had a voluntary flexible development program which encouraged the clustering of houses and saving open space.  She added that the program also asked that applicants present information about anticipated stormwater impacts.

 

Council Member Evans said although the Town did not require developers to provide stormwater impact statements, the Town did review proposed projects relative to water quality and a number of environmental standards.  Council Member Evans said she believed it was important for the Council to deal with stormwater-related concerns as part of development applications.

 

Council Member Capowski inquired how much staff work would be involved if the Council were to adopt Resolution 6.  Mr. Horton said it would take three to four weeks for one staff person to develop an ordinance on this matter. Mayor Waldorf suggested that the Council could think about referring the matter to advisory boards at the conceptual level.  She added that if the Council chose to adopt the resolution, it would give the staff a threshold about what constituted “major” development.

 

Council Member Chilton suggested that the Council could perhaps take some time to think about this matter further.  He also suggested that it would be a good idea for the Council to review a map of undeveloped or underdeveloped parcels in the Town limits.  Mr. Horton said this would be a fairly simple geographic information system (GIS) task .

 

Council Member Brown said she favored the Council thinking about this matter a little bit more.

 

Council Member Andresen withdrew her motion.

 

COUNCIL MEMBER ANDRESEN MOVED,  SECONDED BY COUNCIL MEMBER BROWN, TO REFER THE MATTER TO STAFF FOR MORE INFORMATION AND SCHEDULING ON A FUTURE COUNCIL AGENDA FOR DISCUSSION AND POSSIBLE ACTION.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Item 12.1  Consent Agenda

 

Council Member Chilton said he could not make the April 17th meeting on time, if at all.

 

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

 

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES

(97-1-27/R-7)

 

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

 

a.       Authorizing application for a law enforcement grant (R-8); appointments to related advisory board (R-9); grant project ordinance (O-1). (O-1 to be distributed).

b.      Application for State grant for the Northern Community Park
(R-10).

c.       Technical corrections to fire sprinkler ordinances (O-2 and -3).

d.      Emergency generator for fire station (R-11).

e.       Renewing FGI parking lease agreement (R-12).

f.        Add and change Town Council meetings (R-13).

g.       Surplus property - Solid Waste (R-14).

h.       Rescheduling telecommunications tower hearing (R-15).

 

This the 27th day of January, 1997.

 

 

 

 

 

A RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE BUREAU OF JUSTICE ASSISTANCE LAW ENFORCEMENT BLOCK GRANT (97-1-27/R-8)

 

WHEREAS, the U.S. Department of Justice and the Bureau of Justice Assistance have made funds available to enhance the quality and effectiveness of crime prevention and community policing initiatives; and

 

WHEREAS, it is in the interest of the Town of Chapel Hill to provide quality law enforcement and prevention services to its citizens; and

 

WHEREAS, the Town’s Law Enforcement Block Grant application in the amount of $69,387 was approved by the Bureau of Justice Assistance;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to accept the Bureau of Justice Assistance Law Enforcement Block Grant from the U.S. Department of Justice and to make all necessary assurances.

 

This the 27th day of January, 1997.

 

A RESOLUTION AUTHORIZING THE ESTABLISHMENT OF, AND APPOINTMENTS TO, THE LAW ENFORCEMENT BLOCK GRANT ADVISORY BOARD (97-1-27/R-9)

 

WHEREAS, the U.S. Department of Justice has approved the Town’s application for a Bureau of Justice Assistance Law Enforcement Block Grant in the amount of $69,387; and

 

WHEREAS, the Bureau of Justice Assistance requires that an advisory board review and make non-binding recommendations about the proposed expenditure of grant funds prior to those funds being obligated; and

 

WHEREAS,  Police Captain Tony M. Oakley, Chief District Court Judge Joe Buckner, Assistant District Attorney James Woodall, East Chapel Hill High School principal Dave Thaden, community leaders Joanne Shirer and Karen Solomon, and Chapel Hill Crime Prevention Officer Jeff Clark have agreed to serve as members of the advisory board; and

 

WHEREAS, the proposed advisory board members, if appointed, have agreed to offer non-binding recommendations about the proposed grant expenditures and offer those recommendations for public review at the April public hearing on the Town’s FY 1997-98 operating budget;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the establishment of a Block Grant Advisory Board; and

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council charges the Block Grant Advisory Board to review and make non-binding recommendations about the proposed expenditure of grant funds prior to those funds being obligated; and

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that Police Captain Tony M. Oakley, Chief District Court Judge Joe Buckner, Assistant District Attorney James Woodall, East Chapel Hill High School principal Dave Thaden, community leaders Joanne Shirer and Karen Solomon, and Chapel Hill Crime Prevention Officer Jeff Clark are hereby appointed to the Block Grant Advisory Board.

 

This the 27th day of January, 1997.

 

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1996” (97-1-27/O-1)

 

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled “An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 1996” as duly adopted on June 10, 1996 be and the same is hereby amended as follows:

 

ARTICLE I

 

                                                            Center                                                              Revised

APPROPROPRIATIONS                   Budget             Increase           Decrease          Budget

 

GENERAL FUND

Police                                                6,157,578             69,387                                6,226,965

 

ARTICLE II

 

REVENUES

 

GENERAL FUND

Grants                                                   708,217             69,387                                   777,604

 

This the 27th day of January, 1997.

 

A RESOLUTION AUTHORIZING THE MANAGER TO APPLY FOR A NORTH CAROLINA PARKS AND RECREATION TRUST FUND GRANT  (97-1-27/R-10)

 

WHEREAS, the State of North Carolina has established a Parks and Recreation Trust Fund grant program; and

 

WHEREAS, the Town is eligible to apply for grants from the program; and

 

WHEREAS, the Town anticipates beginning construction of the Northern Community Park in 1997; and

 

WHEREAS, funds from the Parks and Recreation Trust Fund could enhance the park program;

 

NOW, THEREFORE, BE IT RESOLVED  by the Council of the Town of Chapel Hill that the Council hereby authorizes the Manager to apply for a Parks and Recreation Trust Fund grant in the amount of $100,000 and to guarantee matching funding from the existing park budget.

 

BE IT FURTHER RESOLVED by the Council that,  if the Town’s grant application is successful, the Mayor is hereby authorized to sign an agreement with the State of North Carolina that would commit the Town to provide recreational services on the Northern Community Park site for a period of 25 years.

 

This the 27th day of January, 1997.

 

AN ORDINANCE MAKING TECHNICAL CORRECTIONS TO ORDINANCE 96-11-11/O-6F (97-1-27/O-2)

 

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

 

Section 1.  Part 2 of Section 7-50 of the Town Code is hereby amended by deleting the word “building” after the word “structural” and adding the phrases “to a multi-family residential building of more than 6,000 square feet where the,” after “addition” and “of the addition” after the word “cost” in that part.

 

Section 2.  Part 3 of Section 7-50 of the Town Code is hereby amended by deleting the word “taxable” in both sentences of sub-part (a) and (b) after the word “of” in that part.

 

Section 3.  Part 2 of Section 7-56 of the Town Code is hereby amended by inserting the phrase “of more than 6,000 square feet where” after the first use of the word “building” and deleting the word “if” immediately after the amended addition, deleting the word “exceeds” after the second use of the word “addition”, deleting the word “shall” after the word “sprinklers”, inserting the word “are” after the previous deletion of the word “shall”, deleting the word “be” immediately after the previous deletion of the word “are” and deleting the word “addition after the phrase “required in the” found in the 4th sentence in that part.

 

Section 4.  Part 3 of Section 7-56 of the Town Code is hereby amended by inserting the phrase “of more than 6,000square feet” after the word “building” in the first sentence of that part.

 

Section 3.  This ordinance shall be effective upon adoption.

 

This the 27th day of January, 1997

 

AN ORDINANCE MAKING TECHNICAL CORRECTIONS TO ORDINANCE 96-11-11/O-6C (97-1-27/O-3)

 

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

 

Section 1.  Part 2 of Section 7-50 of the Town Code is hereby amended by inserting the following phrase after the word “addition” in the first sentence “exceeding 6,000 square feet of floor area and costing.”

 

Section 2.  Part 3 of Section 7-50 of the Town Code is hereby amended by adding the following phrase after the word “value” in subsection a) “and exceeds 6,000 square feet of floor area.”

 

Section 3.  Part 3 of Section 7-50 of the Town Code is hereby amended by adding the following phrase after the word “value” in subsection b) “and exceeds 6,000 square feet of floor area.”:

 

Section 4.  This ordinance shall be effective upon adoption.

 

This is the 27th day of January, 1997.

 

 

A RESOLUTION ACCEPTING A BID FOR ONE GENERATOR (97-1-27/R-11)

 

WHEREAS, the Town of Chapel Hill has solicited formal bids by legal notice in the Chapel Hill News on December 15, 1996 in accordance with General Statute 143-129 for one emergency generator, and

 

WHEREAS, the following bid was received and opened on January 7, 1997:

           

            VENDOR                                                       BID    

 

Gregory Poole Power Systems                         $25,525.00

Owsley & Son Inc.                                                       $25,000.00

 

NOW, THEREFORE,  BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town accepts the bid of Gregory Poole Power Systems in the amount of $25,525.00 in response to the Town’s request for bids published December 15, 1996 and opened January 7, 1997 in accordance with General Statute 143-129.

 

This the 27th day of January, 1997.

 

A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR UP TO 104 PARKING SPACES WITH FGI (97-1-27/R-12)

 

WHEREAS, the Town owns and operates Parking Lot #5 on Church Street which has both hourly and monthly rental spaces available; and

 

WHEREAS, FGI is leasing parking spaces in this lot and has requested that the Town renew a long term lease of these spaces for the use of employees of FGI;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill, that the Council authorizes the Town Manager to execute an agreement on behalf of the Town with FGI for the lease of up to 104 parking spaces at Town Lot #5, subject to the following terms and conditions;

 

1.                  The term of the lease agreement will be for three and one half years and will begin on July 1, 1997.

 

2.                  With the mutual consent of both parties the agreement may be extended for two additional two year periods.

 

3.                  The total number of spaces leased will be 104 spaces, except that if this agreement is terminated under Section 9 of this agreement, the Town will provide up to 60 alternate spaces in other parking facilities owned by the Town in the Downtown area of Chapel Hill.  Such alternate spaces will only be provided through the term of the agreement then in effect.

 

4.                  The Town will maintain a configuration of parking spaces in Lot #5 to restrict access to the spaces leased to FGI.  The Town will issue up to 250 magnetic parking control cards to FGI for access to spaces isolated by electronically controlled gates.

 

5.                  The Town may modify the configuration of spaces in Lot #5, if required due to permanent construction or temporary construction easements. At all times during such modification, the Town will maintain a total of 104 spaces available for FGI.

 

6.                  The annual payment per space for FGI will be at the rates adopted by the Town Council as part of the annual budget process for determining rates for all monthly rental parking owned by the Town.  The Council may change these rates at any time.  Currently, these rates are $55 per month or $660 per space per year.

 

7.                  Payments will be made by FGI on a monthly basis by the 1st of each month for which the payment is due.  These payments will be for all spaces leased at 1/12th of the annual rate per space.

 

8.                  FGI may not sublet these spaces and they may not issue magnetic access cards to anyone not an employee of FGI.

 

9.                  This agreement may be modified any time by written agreement of both parties.

 

10.              This agreement may be terminated any time by either party with written notice to the other party provided 180 days prior to the effective date of termination.

 

This the 27th day of January, 1997.

 

A RESOLUTION REGARDING THE TOWN COUNCIL’S MEETING SCHEDULE

(97-1-27/R-13)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council amends the Council’s adopted schedule of meetings as follows:

 

ADD

 

Date

Time

Purpose

Location

 

 

 

 

February 21

7:30 am

breakfast meeting with Representative Price

First Floor Conference Room, Town Hall

 

 

 

 

March 31

to be determined

through discussion among Mayors and Chair of the Board of Commissioners

Orange County Assembly of Governments meeting

Homestead Road  Community Center or other location determined through discussion among Mayors and Chair of the Board of Commissioners

 

 

 

 

September 25

to be determined

through discussion among Mayors and Chair of the Board of Commissioners

Orange County Assembly of Governments meeting

Homestead Road  Community Center or other location determined through discussion among Mayors and Chair of the Board of Commissioners

 

CHANGE

 

to April 17 from previously proposed April 9

7:30 pm or other time determined by Mayors and Chair of the Board of Commissioners

joint planning hearing meeting with the Orange County Board of Commissioners and Carrboro Board of Aldermen

OWASA Community Room or other location determined through discussion among Mayors and Chair of the Board of Commissioners

 

 

This the 27th day of  January, 1997.

 

A RESOLUTION DECLARING 7 DUMPSTERS AND 2 MAGAZINE RACKS TO BE SURPLUS AND AUTHORIZING AND DIRECTING THE DISPOSAL OF SAID PROPERTY IN ACCORDANCE WITH STATUTORY REQUIREMENTS (97-1-27/R-14)

 

WHEREAS, Article 12 of N. C. General Statutes 160A and 4:16 of the Charter of the Town of Chapel Hill authorized the Town to dispose of surplus property; and

 

WHEREAS, the Town desires to dispose of certain items of personal property;

 

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

 

1.     The following items of personal property are hereby declared surplus:

 

            QUANTITY                ITEM                                                   SALE PRICE

 

                     7             Front-Loading 6-Yard Dumpsters                     $200/Each

 

                     2             Read and Reuse Magazine Racks                     $200/Each

 

2.     That the Purchasing Agent of the Town of Chapel Hill shall be and is hereby authorized to dispose of the surplus personal property in accordance with statutory requirements.

 

3.     That this property is to be disposed by sale to Chatham County in conformity with N. C. General Statutes.

 

4.     That all items shall be sold on an “as is” and “where is” basis and the Town makes no guarantee of and assumes no responsibility for any of the items.

 

This the 27th day of January, 1997.

 

A RESOLUTION RESCHEDULING A PUBLIC HEARING (97-1-27/R-15)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that a public hearing to consider regulations regarding telecommunication towers, originally scheduled for February 10, 1997, is hereby rescheduled to 7:00 p.m. on February 17, 1997, at the Chapel Hill Town Hall.

 

This the 27th day of January, 1997.

 

There were no questions regarding information reports.

 

Item 13 Appointments

 

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO APPOINT ALL APPLICANTS TO THE DOWNTOWN SMALL AREA PLAN WORK GROUP BY ACCLAMATION AND LEAVE OPEN THE POSSIBILITY OF APPOINTING ADDITIONAL WORK GROUP MEMBERS IN THE FUTURE.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

FELICIA BROWN WAS APPOINTED TO THE HOUSING ADVISORY BOARD.  ORIGINAL VOTING BALLOTS ARE ON FILE IN THE TOWN CLERK’S OFFICE.

 

ELIZABETH TILLMAN WAS APPOINTED TO THE LIBRARY BOARD OF TRUSTEES.  ORIGINAL VOTING BALLOTS ARE ON FILE IN THE TOWN CLERK’S OFFICE.

 

Item 14  Grant Funds for Historic Preservation Activities

 

Historic District Commission Chairperson Lee Corum presented the Commission’s report.  Council Member Evans said she had concerns relative to the rehabilitation of rental properties.  Mr. Corum said the grant program would encourage the right type of investments in historic districts.

 

Council Member Capowski asked whether or not it was correct that the Historic District Commission did not see a downside to requesting registration of the Cameron-McCauley neighborhood relative to historic preservation.  Mr. Corum said this was correct. 

 

Pauline Grimson, a resident of the Cameron-McCauley historic district, encouraged the Council to adopt Resolution 16 this evening.

 

Kymberly Kaiser, speaking on behalf of Ms. Marian Johnson, said that the Council had shown vision and daring in authorizing the relocation of the Hudson-McDade house to parking lot number five.  She also requested that the Council adopt Resolution 16 to make the funds available for the Cameron-McCauley neighborhood.

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT RESOLUTION 16.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO APPLY FOR A GRANT FROM THE STATE HISTORIC PRESERVATION FUND IN ORDER TO NOMINATE THE CAMERON/MCCAULEY AREA TO THE NATIONAL REGISTER OF HISTORIC PLACES   (97-1-27/R-16)

 

WHEREAS, the Town, through the Comprehensive Plan Goals and Objectives, has stated the goal of conserving and enhancing areas, sites, and structures of special visual, architectural or historical value; and

 

WHEREAS,  the Town through the Comprehensive Plan, has stated the goal of conserving and enhancing the natural beauty and atmosphere of Chapel Hill; and

 

WHEREAS, the Town, through the Comprehensive Plan, has stated the goal of ensuring the availability of safe, sanitary, decent, well-designed and affordable housing for all its citizens;  and

 

WHEREAS, listing of the Cameron-McCauley area in the National Register of Historic Places would help the Town achieve these goals;

 

NOW, THEREFORE, BE IT RESOLVED, by the Council of the Town of Chapel Hill, that the Council authorizes the Town Manger to apply for a 1997 Historic Preservation Fund Grant to prepare a nomination of the Cameron-McCauley area to the National Register of Historic Places.

 

This the 27th day of January, 1997.

 

Item 15 Designating Representatives to School Land Use Council

 

Mayor Waldorf said the proposed purpose of the group was to establish broad countywide policies for school siting.

 

Noting that he would like to serve on this group, Council Member Pavao said Mayor Waldorf and Council Member Andresen had likewise expressed in representing the Council.  Council Member Andresen thanked Assistant to the Mayor Alice Joyce for proposing this group.

 

COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO APPOINT MAYOR WALDORF AND COUNCIL MEMBERS ANDRESEN AND PAVAO AS THE COUNCIL’S  REPRESENTIATVES TO THE SCHOOL LAND USE COUNCIL.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Item 16  OWASA Rate Study

 

Noting that an inclusive process was being sought, Mayor Waldorf inquired whether or not there were any general comments from Council Members.  Council Member Evans said her main concern was that long-term considerations not be sacrificed for short-term gratification.

 

Council Member Andresen said she agreed with Mayor Waldorf about the importance of having an inclusive process.  She suggested that Council Members could possibly get together before the OWASA meeting on this matter to voice the Council’s overall views on these matters.  Mayor Waldorf noted that all Council Members and any other interested citizens were invited to the meeting regarding the rate study.  She stated that the principal purpose of the rate study was to provide policy direction to the OWASA Board of Directors.

 

Noting that he had not had the opportunity to review the rate study in its entirety, Council Member Chilton said that a major issue was determining how rates could effect conservation and future water supply needs.

 

Mayor Waldorf noted that the information before the Council was a reflection of  what two hundred fifty local residents wished to stress, rather than the OWASA Board’s wishes.

 

Council Member Brown said she was disappointed in the  materials presented regarding growth versus non-growth.  Council Member Brown said this topic needed to be expanded to included growth versus limited growth.  She stated that studies in other parts of the country detailed how conservation measures actually mitigated the cost of growth.

 

Council Member Capowski urged OWASA to be a utility, rather than a government entity and not make land-use decisions.  He also urged the OWASA Board to think very hard before subsidizing one group of ratepayers via means of  another group of ratepayers.

 

Council Member Franck suggested that the Council representatives take along a copy of the recent memorandum from Chief Jones regarding fire sprinklers.  Council Member Franck also said he had some conservation-related concerns.

 

Council Member Andresen said she endorsed conservation. She also said it was important to make sure that benefiting parties were the ones paying for service, with matters of fairness and equity emphasized.   Council Member Andresen also said the matter of possibly lower rates through  the provision of regional service bore further in-depth investigation.

 

Mayor Waldorf inquired whether or not there was any sense if bond orders would permit charges to be mitigated for affordable housing.  She also inquired whether or not the Council had any feelings about percentages of revenues from availability fees.  Council Member Andresen said in general she favored having the benefiting parties pay and not subsidizing new growth.

 

Item 17  Newspaper Racks

 

Mr. Horton stated that recent court cases would permit the Council to pursue regulations regarding conformity of design of newspaper containers.  He said that the Council could ask staff to draft regulations or refer the matter to the Appearance Commission.  Mr. Horton said he was recommending that the Council hold a public forum on the matter on September 15th.

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT RESOLUTION 18B.

 

Council Member Chilton said he felt that  the Council’s handling of this matter in the past was the best way to continue to handle the matter.  He also suggested that the Council remove  “regulation of” from the title of the proposed resolution.  Council Member Andresen asked whether this was opening things up for a larger array of possibilities.  Council Member Chilton said this was correct.  Council Member Evans accepted Council Member Chilton’s proposed friendly amendment.  Council Member Andresen said having the matter being forwarded to the Appearance Commission would be a good use of their energies and talents.

 

Council Member Capowski noted that if the Council did something which newspapers found objectionable relative to newspaper racks, the Council would definitely hear about from the newspapers.  Council Member Brown said she liked diversity in the differing types of newspaper racks around the Town.  Mayor Waldorf suggested that the Appearance Commission brainstorm on the matter.  Council Member Franck said he believed that the matter was a solution in search of a problem.  He stated that the Council, staff and Appearance Commission had better uses of their time than handling this matter.

 

RESOLUTION 18B WAS APPROVED BY A VOTE OF 7-2, WITH COUNCIL MEMBERS CHILTON AND FRANCK VOTING NO.

 

A RESOLUTION REFERRING TO THE APPEARANCE COMMISSION THE ISSUE OF REGULATION OF THE APPEARANCE AND LOCATION OF NEWSPAPER RACKS IN THE PUBLIC RIGHT OF WAY (97-1-27/R-18b)

 

WHEREAS, the Chapel Hill Appearance Commission has in the past expressed an interest in the subject of regulating the appearance and condition of newspaper racks located in the public right of way; and,

 

WHEREAS, recent Court decisions have clarified the extent to which local governments can regulate newspaper racks in the public right of way; and,

 

WHEREAS, the Town Council believes that additional regulation of the location, appearance and condition of newspaper racks in the public right of way merit further consideration.

 

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE TOWN OF CHAPEL HILL that the Council requests the Appearance Commission’s further consideration of this matter and a report to the Council on this subject from the Commission by May 1, 1997.

 

This the 27th day of January, 1997.

 

 

 

 

Item 18 Proposal from Sam Longiotti/Siena Hotel

 

Mr.Horton noted that Mr. Longiotti’s proposal had been discussed with the Library Board of Trustees and Parks and Recreation Commission.  He said the staff’s recommendation was to develop a concept plan to bring back to the Council in the future.

 

Pearson Stewart said he was very strongly opposed to the concept of disposing of land which had been purchased using voter-approved bonds.  Mr. Stewart said he supported Resolution B very strongly.

 

Stating that she was not supportive of allowing publicly owned land to be used in the proposed manner, Council Member Brown said she had serious concerns about staff spending a lot of time on the matter.

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT RESOLUTION 19B.

 

Council Member Evans said she supported Resolution A since this might permit a private individual to pay for parking spaces and other facilities.  Council Member Capowski said it did not appear to be practically possible to build 130 parking spaces plus some recreation facilities on 0.6 acres of land.  Council Member Pavao said proceeds from the 0.6 acres could possibly be used to build facilities on adjacent land.

 

Council Member Andresen said it appeared to be problematic to make this a win/win situation.  Stating that Council adoption of Resolution B would not mean that a concept plan could not be pursued in the future, Council Member Andresen said she was inclined to support this resolution.

 

Stating that she would like to proceed with a conceptual plan for the park, Mayor Waldorf said she liked Resolution A better than Resolution B.

 

Council Member Brown said that Resolution A would not give Mr. Longiotti a short-term response on his proposal.  She urged the Council to adopt Resolution B this evening.

 

Council Member Evans said that Resolution A did not mean that the Town was going to let the land be purchased by a private individual.

 

Council Member Capowski said the big decision before the Council was whether or not the Siena Hotel would be linked to Pritchard Park.    Council Member Capowski said he was happy with Resolution B and some other independent charge to begin planning of  Pritchard Park.   Council Member Chilton said the decision being made by the Council was whether or not the Council wanted to consider Mr. Longiotti’s proposal at any point.

 

RESOLUTION 19B PASSED BY A VOTE OF 5-4, WITH MAYOR WALDORF AND COUNCIL MEMBERS EVANS, PAVAO AND WIGGINS VOTING NO.

 

A RESOLUTION AUTHORIZING A REPLY TO THE PROPOSAL FROM SAMUEL LONGIOTTI TO BUY, LEASE LONG TERM OR JOINTLY DEVELOP A PORTION OF PRITCHARD PARK (97-1-27/R-19b)

 

WHEREAS, Mr. Samuel Longiotti has proposed to buy, lease long-term or jointly develop between one-half to three-quarters of an acre of Pritchard Park; and

 

WHEREAS, the land for Pritchard Park and the library site was acquired with proceeds of Library bonds and Parks and Recreation Bonds approved by voters in 1986; and

 

WHEREAS, the Council has not yet approved a concept plan or a site analysis for the park;

 

NOW, THEREFORE, BE IT RESOLVED, by the Council of the Town of Chapel Hill that it thanks Mr. Longiotti for his offer, but declines to participate in joint development of a portion of Pritchard Park, in a long-term lease of such land, or in a sale of such land.

 

This is the 27th day of January, 1997.

 

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER CHILTON, FOR THE COUNCIL TO GO INTO CLOSED SESSION TO DISCUSS PENDING LITIGATION.   HE NOTED THAT NO PUBLIC REPORT WOULD FOLLOW THE SESSION.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

The meeting stood adjourned at 10:11 p.m.