SUMMARY OF A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA,

MONDAY, APRIL 28, 1997 AT 7:OO P.M.

 

Mayor Rosemary Waldorf called the meeting to order.  Council Members in attendance were Julie Andresen, Joyce Brown, Mark Chilton (arrived at 7:50 p.m.), Pat Evans, Richard Franck, Lee Pavao and Edith Wiggins.   Council Members Joe Capowski was absent excused.  Also in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Planning Director Roger Waldon, Town Engineer George Small, Finance Director James Baker, Parks and Recreation Director Mike Loveman, Transportation Director Bob Godding. Housing Director Tina Vaughn, Long Range Planning Coordinator Chris Berndt and Town Attorney Ralph Karpinos.

 

Mayor Waldorf called forward members of the East Chapel Hill High School Boys Basketball team to be recognized as the 1997 State Division AA Champions.

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO ADOPT THE RESOLUTION RECOGNIZING THE DIVISION AA STATE BASKETBALL CHAMPIONS, THE EAST CHAPEL HILL HIGH SCHOOL BOYS BASKETBALL TEAM.  THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

 

Mayor Waldorf noted that Council Member Chilton had called her to request that item number twelve be postponed to a future meeting.  There was Council concurrence on this point.  Mayor Waldorf noted that Council Member Chilton had also requested that item number seven be postponed until his estimated arrival time of 8:30 p.m. this evening.  There was also Council concurrence on this point.

 

Item 3  Petitions

 

COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO RECEIVE AND REFER A PETITION FROM MS. JACQUELINE BODINE REGARDING A TOWN-OWNED LOT AT CHURCH AND CALDWELL STREETS.

 

Kevin Foy, representing the Sierra Club, said he proposed having a public hearing on proposed changes to the Resource Conservation District regulations.   Mr. Foy said he felt that there needed to be some clarification since both developers and citizens had been disappointed recently with some of the interpretations.

 

Madeline Jefferson, representing the Chapel Hill Alliance for Neighborhoods, said that upholding the intentions of the Town’s Resource Conservation District regulations was important to maintain the Town’s character.   Ms. Jefferson said she hoped that the Council would support Council Member Andresen’s and Brown’s proposed changes to the Resource Conservation District regulations.

 

Amy Suber, representing March for Parks presented a check for $1,050 and thanked the Town for its support of  this year’s March for Parks event.

 

Council Member Brown requested that the Manager prepare a follow-up report to the Council about “cruising” in residential neighborhoods during Apple Chill and Festifall. Council Member Wiggins also requested a report on the workings of community events, such as security for Apple Chill and Festifall.

 

Consent Agenda

 

Council Member Brown requested the removal of  items 4.1d and g from the consent agenda.

 

Council Member Andresen requested the removal of  item 4.2f  from information reports.

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER FRANCK, TO ADOPT THE CONSENT AGENDA, EXCEPT ITEMS 4.1D AND G.  THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

 

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES

(97-4-28/R-1)

 

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.            Possible sale of Town-owned land on Laurel Hill Road

 

a.       Nominations to Appearance Commission, Design Review Board and Planning Board.

b.      Dedicating phase II of the Bolin Creek Greenway in honor of the late Lightning A. Brown. Mayor Waldorf, Mayor pro tem Brown and Council Member Wiggins (R-3).

c.       Supporting House Bill 259 regarding State funds for water quality improvements in the Cape Fear River Basin (R-4). Mayor Waldorf.

d.      Drafting a proposed policy on traffic calming measures (R-5).

e.       Traffic on North Street (O-1a and b).

f.        Traffic on Curtis Road (O-2).

g.       Authorizing further discussion with Mr. Henry Whitfield regarding an offer of land to the Town (R-6).

h.       Silver Creek subdivision property exchange (R-6.1).

i.         Appointing additional Airport Committee members (R-6.2).

j.        Acceptance of Domestic Violence Grant (R-6.3, O-2.1).

 

This the 28th day of April, 1997.

 

A RESOLUTION DEDICATING THE BOLIN CREEK GREENWAY, PHASE II, IN HONOR OF THE LATE LIGHTNING A. BROWN (97-4-28/R-3)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby dedicates the Bolin Creek Greenway, phase II, in honor of Lighting A. Brown and in recognition of his service to the community in the planning and development of the greenway system, his service on the Planning Board and his work to better the Chapel Hill community.

 

BE IT FURTHER RESOLVED that the Council authorizes the Naming Committee to arrange for the installation of a plaque with appropriate wording on phase II of the Bolin Creek Greenway to honor Mr. Brown, and to arrange an appropriate ceremony in connection with this matter.

 

This the 28th day of April, 1997.

 

A RESOLUTION SUPPORTING HOUSE BILL 297 REGARDING WATER QUALITY IMPROVEMENTS IN THE CAPE FEAR RIVER BASIN (97-4-28/R-4)

 

BE IT RESOLVED by the Chapel Hill Town Council that the Council supports House Bill 297 regarding funding of water quality improvements in the Cape Fear River Basin and requests that the bill provide funds for a study of water quality in the B. Everett Jordan Reservoir.

 

BE IT FURTHER RESOLVED that the Mayor is authorized to provide this resolution to the legislative delegation on behalf of the Council.

 

This the 28th day of April, 1997.

 

 

 

AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES.

(97-4-28/O-1a)

 

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

 

SECTION I

 

That Section 21-13(c) of the Town Code of Ordinances, “right-of-way and stop regulations” is amended by inserting the following therein appropriate alphabetical order:

 

Intersection

 

North Street/Boundary Street

 

SECTION II

 

This ordinance shall become effective June 1, 1997.

 

SECTION III

 

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

 

This the 28th day of April, 1997.

 

AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES

(97-4-28/O-1b)

 

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

 

SECTION I

 

That section 21-27 “No Parking as to particular streets” is amended by inserting the following therein, in appropriate alphabetical order:

 

STREET                      SIDE                FROM                                     TO

 

North Street                 South               A point 86 feet west of             A point 86 feet east of

                                                            the centerline of                        the centerline of

                                                            Boundary Street                       Boundary Street

 

SECTION II

 

This ordinance shall become effective June 1, 1997.

 

 

SECTION III

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

 

This the 28th day of April, 1997.

 

AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES

 (97-4-28/O-2)

 

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

 

SECTION I

 

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

 

Intersection

 

North Lakeshore Drive/Curtis Road/Kensington Drive/South Lakeshore Drive

 

SECTION II

 

This ordinance shall become effective June 1, 1997.

 

SECTION III

 

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

 

This the 28th day of April 1997.

 

A RESOLUTION AUTHORIZING THE EXCHANGE OF PROPERTY BETWEEN LOT 41 OF THE SILVER CREEK SUBDIVISION AND A 1.42 ACRE TOWN-OWNED PROPERTY WITHIN THE SILVER CREEK SUBDIVISION  (97-4-28/R-6.1)

 

WHEREAS, the developer of the Silver Creek Subdivision has requested that the Town exchange approximately 1,108 square feet of Town-owned property for 1,108 square feet of a private property by realigning the property line between lot 41 of the Silver Creek Subdivision and 1.42 acres of Town-owned property; and

 

WHEREAS, the exchange would not result in a net loss of Town-owned property; and

 

WHEREAS, the proposed recombination would not negatively affect the scenic or recreational value of the Town-owned property;

 

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 41 and the 1.42 acre tract of Town-owned property within the Silver Creek Subdivision; said realignment shall be shown on a plat to be provided by the owner of the affected lot 41, approved by the Town Manager and recorded with the Orange County Registrar of Deeds, at the cost of the owner of lot 41.

 

This the 28th day of April, 1997.

 

A RESOLUTION REGARDING APPOINTMENTS TO THE AIRPORT COMMITTEE (97-4-28/R-6.2)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby appoints:

 

                                    Howard Ferguson,

                                    Steve Allred, and

                                    Robert Epting

 

to serve on the Airport Committee.

 

This the 28th day of April, 1997.

 

A RESOLUTION AUTHORIZING THE ACCEPTANCE OF DOMESTIC VIOLENCE PREVENTION GRANT FUNDS PROVIDED THROUGH THE OFFICE OF COMMUNITY ORIENTED POLICING SERVICES OF THE U.S. DEPARTMENT OF JUSTICE. (97-4-28/R-6.3)

 

WHEREAS, the U.S. Department of Justice and the Office of Community Oriented Policing Services have made funds available to pay overtime expenses for domestic violence prevention training for Chapel Hill Police Department employees; and

 

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

 

WHEREAS, the Town recognizes the need for employees of the Police Department to be fully trained in the management of domestic violence cases; and

 

WHEREAS, the Town’s application for grant funds in the amount of $17,616 has been approved by the U.S. Department of Justice;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to accept the Domestic Violence Prevention grant funds from the U.S. Department of Justice Office of Community Oriented Policing Services.

 

This the 28th day of April, 1997.

 

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1996 (97-4-28/O-2.1)

 

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 9, 1996 be and the same is hereby amended as follows:

 

ARTICLE I

 

                                                    Current                                                                Revised

APPROPRIATIONS                  Budget              Increase             Decrease          Budget

 

GENERAL FUND

     

         Police                               6,282,465             17,616                                     6,280,081  

 

ARTICLE II

 

REVENUES

 

       Grants                                 1,610,219             17,616                                     1,627,835

 

This the 28th day of April, 1997.

 

Item  5  Budget and Capital Program

 

Town Manager Cal Horton presented an overview of the proposed 1997-1998 Town budget.  He also  noted that a number of work sessions and public hearings were proposed regarding the proposed budget.   Mr. Horton also presented an overview of the proposed 1997-2002 Capital Budget and housing and community development related grants.

 

Planning Coordinator Chris Berndt presented an overview of the consolidated plan, noting that an emphasis was being placed on public housing items.

 

Joanne Shirer-Mitchell requested that the Council consider allocating $18,000 in funds for the purchase of a van to transport people around the community to reach a variety of programs. 

 

Council Member Brown requested that the van suggested by Ms. Mitchell be included in the proposed budget.  Mr. Horton said with some adjustments to the Comprehensive program, this might be possible.

 

Council Member Franck expressed concern that $38,000 was proposed for the Good Works program, a new one to the area, as opposed to $20,000 being recommended for the EmPOWERment program, a new program which had truly helped a number of people in need of assistance.   Ms. Berndt noted that the Good Works program targeted the needs of persons making eighty percent or less of the area’s median income.   Council Member Andresen inquired whether or not some of these local program costs were offset by federal program funding.  Mr. Horton said this was correct.

 

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

 

A RESOLUTION APPROVING RECOMENDATION OF THE 1997-98 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM PLAN (97-4-28/R-7)

 

WHEREAS, the Council of the Town of Chapel Hill held two public hearings to receive ideas from citizens about how Community Development Block Grant Funds could be spent in 1997-98;

 

NOW THEREFORE, BE IT RESOLVED that based on the Town’s allocation of $455,000 of Community Development Block Grant Funds and $18,808 of Community Development Program Income, the Town Council approves the following 1997-98 Community Development Block Grant Program Plan:

 

Rehabilitation of Public Housing            $253,000

Neighborhood Revitalization                 $  45,000

Development Costs:                              $  40,000

Job Training:                                         $  38,000

Community Services:                            $  30,000

Public Improvements                            $  10,000

Program Administration                        $  57,808

Total                                                    $473,808

 

BE IT FURTHER RESOLVED that the Council adopts the revised Three-Year Community Development plan as follows:

 

 

Activity

Revised

1996 - 97

Recommended

1997 - 98

Potential

1998 - 99

Rehabilitation of Public Housing

$341,000

$253,000

$253,000

Neighborhood Revitalization

$82,280

$45,000

$45,000

Development Costs

-

$40,000

-

Job Training

-

$38,000

$38,000

Community Services

$30,000

$30,000

$30,000

Site Improvements

$23,770

 -

$31,000

Public Improvements

$5,000

$10,000

-

Administration

$53,000

$57,808

$58,000

TOTAL

$535,050

$473,808

$455,000

 

 

BE IT FURTHER RESOLVED that the Council authorizes the one-year Community Development Plan to be incorporated into the Consolidated Plan developed with Orange County, Hillsborough and Carrboro for submission to the U.S. Department of Housing and Urban Development on May 16, 1997.

 

This the 28th day of April, 1997.

 

Council Member Chilton arrived at 7:50 p.m

 

Chris Berndt reviewed the proposed HOME program, noting that this program was planned in conjunction with Orange County and the Towns of Carrboro and Hillsborough. She noted that the program foci included housing rehabilitation programs, neighborhood revitalization efforts and Habitat for Humanity site-related improvements.  Ms. Berndt noted that the proposed had been reviewed and recommended by the Town’s Housing and Community Development Advisory Board.  Council Member Andresen inquired whether or not the Human Services Board had reviewed this proposal.  Mr. Horton said the responsibility for review had traditionally fallen to the Housing Advisory Board.  Council Member Andresen requested that the Council and staff think about the possibility of asking the Human Services Board to review proposals for the HOME program.

 

Mayor Waldorf inquired about the proportion of funds that the Town would receive, as opposed to Orange County and the Towns of Carrboro and Hillsborough.  Ms. Berndt said although she could not provide an exact figure, efforts were made to assure that each jurisdiction received a fair funding proportion.

 

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

 

A RESOLUTION APPROVING THE ACTIVITIES OF THE 1997-98 HOME PROGRAM (97-4-28/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 $379,000 of federal HOME funds;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves the following activities for the 1997 - 98 HOME Program to be carried out by the members of the Orange County HOME Consortium:

 

Activity                                                                                     Amount

Rehabilitation of Owner- and Renter-Occupied Houses             $131,100

Site Improvements                                                                                $  60,000

Neighborhood Revitalization Revolving Loan Fund                                $  60,000

Emergency Home Repair for the Elderly                                                $  50,000

Property Acquisition                                                                             $  40,000

Administration                                                                          $  37,900

            Total                                                                                        $379,000

 

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

 

This the 28th day of April, 1997.

 

Housing Director Tina Vaughn presented the Town’s proposed 1997-1998 Comprehensive Grant application, noting that it totaled $383,693.   Ms. Vaughn noted that the Housing and Community Development Advisory Board had reviewed and unanimously approved the proposed use of funds.

 

Expressing concern about the length of time it had taken to complete renovations in the Ridgefield neighborhood,  Council Member Evans said she hoped that future projects would not take as long to complete.   Noting that the staff would attempt to accommodate this wish, Ms. Vaughn stated that the Ridgefield community had sixty units, many more than the other communities  proposed for rehabilitation projects.    Mr. Horton added that the Town had learned from its mistakes on the project and would not take on so much all at once in the future.  Mr. Horton also said it was important to have competent construction management and specific legal services applicable to moving residents in and out of their dwellings in order for renovations to occur. 

 

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

 

A RESOLUTION AUTHORIZING THE SUBMISSION OF AN ANNUAL STATEMENT FOR A COMPREHENSIVE GRANT PLAN FOR 1997-98 (97-4-28/R-9)      

 

BE IT RESOLVED by the Chapel Hill Town Council 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 April 28, 1997, 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 $383,693 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 28th day of April, 1997.

 

Ms. Berndt said that the Consolidated Program was a combination of the Community Development Program and the HOME program.  She noted that the Town Council’s approval before the application was forwarded to the United States Department of Housing and Urban Development (HUD).

 

COUNCIL MEMBER FRANCK MOVED,  SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 10.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

A RESOLUTION AUTHORIZING THE SUBMISSION OF THE 1997 - 98 ANNUAL UPDATE TO THE 1995 - 2000 CONSOLIDATED PLAN (97-4-28/R-10)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to submit the 1997 - 98 Annual Update to the 1995 - 2000 Consolidated Plan in substantially the form as shown on the attached, to the U.S. Department of Housing and Urban Development for the 1997 - 98 Community Development Program and the 1997 - 98 HOME Program; including all understandings, assurances, and certifications required therein, for a program of $473,808 of Community Development Block Grant funds and $379,000 of federal HOME Program funds by May 16, 1997.

 

BE IT FURTHER RESOLVED that the Manager is hereby designated as the authorized representative of the Town to act in connection with submission of a Consolidated Plan to provide such additional information as may be required.

 

This the 28th day of April, 1997.

 

Mayor Waldorf  noted that a citizen had recently signed up to speak on agenda item #4.1e.

 

Catherine Dickman expressed her concern about the safety of pedestrians on North Street due to speeding cars, especially at night.    Council Member Brown said she hoped that this matter would be revisited when a report on traffic calming, bikeways and sidewalks was brought before the Council in the near future.  Mr. Horton responded that traffic/speed enforcement would be immediately enhanced on North Street.

 

Item #7 Continuation of the Special Use permit for the relocation

of the Hudson- McDade House

 

Mr.  Horton, presented the owner’s perspective, noting that the Town was attempting to secure a lease agreement with Mr. Tom Heffner relative to the Hudson-McDade house and renew an existing parking lot lease with FGI.

 

Planning Director Roger Waldon noted that the staff recommended adoption of Resolution 11a, approving the proposed lease agreement.

 

Council Member Evans asked whether the location for the Hudson-McDade house had already been approved.  Mr. Horton said although a location was recommended in the proposed resolution, no specific location had been approved to date.

 

Tom Heffner said he believed that the site being proposed in the resolution before the Council was the best one for the Hudson-McDade house.

 

Kathleen Lord, representing the Downtown Commission said that the Commission supported the recommended location of the Hudson-McDade house.

 

Catherine Dickman likewise urged the Council to adopt the proposed resolution regarding the relocation of the Hudson-McDade house.

 

Marianne Johnson, the President of the Chapel Hill  Preservation Society, said that the Society intended to offer Mr. Heffner a $50,000, 3% interest loan and a gift of $10,000 toward the restoration of the Hudson-McDade house.  She noted that the loan and gift were contingent upon the house being relocated to the middle of Parking Lot #5.  She urged the Council to adopt the proposed resolution before them this evening.

 

Betsy Pringle stated that “the best and highest use in not always the biggest commercial project.” Ms. Pringle urged the Council to do likewise by adopting the proposed resolution.

 

Pauline Grimson read a letter from Georgia Kyser which pointed out that other communities had learned hard lessons when they had let commercial interests come before efforts to maintain historical structures. Ms. Kyser’s letter also stated that taking the Hudson-McDade house off  Franklin  Street would detract from the house’s overall character and historical value.

 

Stating that she had watched Cousins Developers gradually change the character of Atlanta, Kimberly Kyser urged the Council to follow the staff’s recommendation on the matter.

 

Phil Szostak said although he agreed that saving the house was desirable, the location as presented in the resolution would hinder possible future cultural developments on the site. Mr. Szostak said he favored relocating the house to either corner of lot #5 facing Franklin Street.

 

Council Member Evans inquired about the proposed screening of parking lot #5.  Mr. Waldon said that landscaping, rather than brick walls, would be used for screening.  Council Member Evans also expressed concern about the cost of retrofitting parking lot #5.  Mr. Horton said that these costs would be minimal and would be borne by Mr. Heffner.  Referencing ownership or deed transfer of the house, Mr. Horton said that the Town would have the sole option to buy the house during the next fifteen years, at which point the house would be deeded to the Town by Mr. Heffner.  He added that the right of transfer would also transfer all of the conditions of the existing lease.

 

Council Member Franck inquired about the proposed courtyard material.  Josh Gurlitz said that although the courtyard would initially be grass with a paved walkway, the courtyard would eventually be paved in its entirety.  Council Member Franck asked whether or not a 75 to 80% impervious surface restriction could be considered.  Stating that there would be non-impervious surfaces on the sides and at the back of the house, Mr. Gurlitz said he could not give a specific ratio or amount relative to impervious surface area

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER PAVAO,  TO CLOSE THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY   (8-0).

 

Mr. Horton said that although Town staff recognized that the proposed location might impose limits on future development, parking revenue losses might be offset by rental costs, if the property were to make a profit.  He stated that the three parts of the matter were:  authorization of the lease agreement, designating this project as part of the Capital Improvements Program and modifying the parking lease agreement with FGI.

 

Council Member Evans expressed her concerns about the loss of parking, the absence of a traffic impact analysis and limiting possible uses for the site.   Council Member Evans also said it would be desirable for the Council to look at the scale of the whole block when selecting the final location for the Hudson-McDade house.  Council Member Evans said that she favored locating the house at the southeast corner of lot #5.  She stated that this location would have the best visibility, would not necessitate redesign of the parking lot and would require taking a lesser number of parking spaces than the other options.   Stating that the University Baptist Church had been required to pay for the cost of streetscape in front of their property, Council Member Evans suggested that Mr. Heffner be required to do likewise.

 

Council Member Brown inquired whether a curb cut was being proposed.  Mr. Horton stated that no curb cut was being proposed.  Referencing the possible loss of parking revenues, Council Member Brown said that these parking places were not used much currently and would likely be filled due to the house relocation, which could also offset  the parking revenue losses.

 

Council Member Chilton reiterated this sentiment by pointing out that while the parking lots just a few blocks on either side were full at lunch time, lot #5 usually had available parking spaces.   Council Member Chilton said it appeared that many Council Members were concerned that Mr. Heffner, as lessee, was asking for the most desirable part of the parking lot.   Council Member Chilton reminded the Council that the Town would be the future owners and would therefore benefit from this choice.  Council Member Andresen expressed her concurrence with this observation.  Council Member Brown also expressed her support for the proposed location.

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER FRANCK, TO ADOPT RESOLUTION 11A.

 

Council Member Evans reiterated her support for site C, the southeast corner site.

 

Council Member Wiggins stated that development would occur on this site no matter what the Council decide at this point.  Noting that she felt very moved by public comment, Council Member Wiggins said she felt that surrounding development would prove to be creative and exciting.  Council Member Wiggins said she would support Resolution 11a.

 

Mayor Waldorf read a portion of a letter from Peter Batchelor, a nationally renowned commercial designer.  Mr. Batchelor’s letter noted the possibility that the central location of the house might perpetuate the gap between East and West Franklin Street, and that pressure from future commercial development might be decreased if the house were in a corner instead of at the present proposed central location.  Mr. Batchelor’s letter also expressed a desire to see an effort put into linking the east and west parts of the downtown area, preferably via pedestrian links.

 

Council Member Franck restated his desire for limits on impervious surfaces, and proposed a friendly amendment to the resolution specifying a limit of 60% impervious surface on the front of the house.  The motioner and seconder and applicant concurred with the proposed friendly amendment.

 

Council Member Pavao inquired whether it was a given that the Welcome Center would be located in the Hudson-McDade House.  Mr. Heffner replied that although it was not a given, it was, nonetheless, assumed as they had been the only party he had spoken with, and the Downtown Commission had been very supportive of the proposed relocation. Council Member Pavao asked whether the Council would be expected to show the same “flexibility” with the Downtown Commission. Mr. Heffner said that it would certainly help although he understood the Town’s funding pressures.

 

RESOLUTION 11A, AS AMENDED, WAS ADOPTED UNANIMOUSLY (8-0).

 

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR LOCATING THE MCDADE HOUSE IN TOWN PARKING LOT # 5 (File Number 85.K.1,2,2A, 16,17, 17A) (97-4-28/R-11a)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application, proposed by Mr. Tom Heffner and the Town of Chapel Hill, on property identified as Chapel Hill Township Tax Map 85, Block K, Lots 1,2,2A, 16,17,17A, which constitutes Town Parking Lot #5, if developed according to the site plan dated , March 20, 1997 and the conditions listed below:

 

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

 

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

 

3.         Would be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property;  and

  

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

 

BE IT FURTHER RESOLVED that the Council finds, in this particular case, that the following modification to the regulations satisfies public purposes to an equivalent or greater degree:

 

Modification of Section 14.6.5.c  of the Development Ordinance which stipulates that in the Town Center districts, if a setback is provided between a principle structure and a street, such setback shall not be used for off-street parking. 

 

Said public purposes being: 

 

1)  Protecting the historic character of Chapel Hill’s Town Center;

 

2)  Encouraging public-private cooperation;

 

3)  Conserving the Town Center; and

 

4)  Retaining a feature of community-wide value which defines the identity of the Town.

 

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for the Special Use Permit for the McDade House in accordance with the plans listed above and with conditions listed below:

 

Stipulations Specific to the Development

 

1.      That construction begin by April 28, 1999  (two years from the date of Council approval) and be completed by April 28, 2000 (three years from the date of Council approval).

 

2.      Land Use Intensity:  This Special Use Permit approves a total Floor Area of  1,747 square feet. 

 

Required Improvements

 

1.      Streetscape Improvements: That Streetscape improvements be made along the entire Franklin Street frontage of Parking Lot #5 within seven years of the date of approval of this Special Use Permit.  

 

Stipulations Related to Landscape Elements

 

2.      Landscape Plan Approval:  That a detailed Landscape Plan, Landscape Maintenance Plan, and Lighting Plan be approved by the Appearance Commission and the Town Manager prior to issuance of a Zoning Compliance Permit.

 

3.      Courtyard Material:  That the Town Manager approve the material for the courtyard prior to the issuance of a Zoning Compliance Permit and that no more than 60% of impervious surface be constructed in the courtyard and that no more than 60% of the courtyard may be covered with impervious surface.

 

Stipulations Related to Building Elevations

 

4.      Building Elevation Approval:  That detailed building elevations be approved by the Appearance Commission prior to issuance of a Zoning Compliance Permit.

 

5.      Utility/Lighting Plan Approval: That the final utility/lighting plan be approved by Orange Water and Sewer Authority, Duke Power Company, Public Service Company, the applicable telephone company, applicable cable supplier, and the Town Manager before issuance of a Zoning Compliance Permit. 

 

Miscellaneous Stipulations

 

6.      Solid Waste Management Plan:  That a Solid Waste Management Plan  be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

 

7.      Transportation Management Plan:  That  a Transportation Management Plan for the McDade House occupants be approved prior to the issuance of a Zoning Compliance Permit.

 

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

 

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

 

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

 

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

 

12.  Non-severability:  If any of the above conditions is held to be invalid, approval in its entirety shall be void. 

 

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit for the McDade House on Town Parking Lot #5  in accordance with the plans and conditions listed above. 

 

This the 28th day of April, 1997.

 

Referencing Resolution 12, Council Member Evans requested that limit be put on possible uses of the Hudson-McDade house and that staff list only those uses appropriate for the site.

 

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER FRANCK TO ADOPT RESOLUTION 12.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

A RESOLUTION DESIGNATING AN ECONOMIC CAPITAL DEVELOPMENT PROJECT AREA AND AUTHORIZING A LEASE OF LAND TO MR. THOMAS HEFFNER TO ENABLE RELOCATION OF THE  HUDSON-MCDADE HOUSE TO THE TOWN’S PARKING LOT NO. 5  (97-4-28/R-12)

 

WHEREAS, the Council finds that the economic capital development project described below (relocation of the Hudson-McDade house to a site in the Town’s parking lot no. 5) will enhance the economic development and revitalization of the Town;

 

NOW, THEREFORE, BE IT RESOLVED by the Chapel Hill Town Council that the Council hereby designates the following economic capital development project area.

 

That certain portion of the southern frontage of the Town’s parking lot no. 5 at West Franklin and Church Streets (Orange County tax map reference: Chapel Hill Township, Map 85, block K, portions of lots 17, 17A and 18) which is designated for relocation of the Hudson-McDade house on a Special Use Permit application filed with the Town on March 24, 1997, by Thomas H. Heffner and the Town of Chapel Hill and including a plaza area and other improvement areas adjacent to the house relocation site, which site shall be further specified by metes and bounds description in a lease agreement between the Town and Thomas Heffner.

 

BE IT FURTHER RESOLVED by the Chapel Hill Town Council that the Council authorizes the Manager to enter into a lease agreement with Mr. Thomas Heffner for said economic capital development project area under terms substantially as recommended by the Manager in the Manager’s report to the Council on this matter on April 28, 1997, a copy of which shall be retained with the records of this meeting.

 

This the 28th day of April, 1997.

 

Mr. Horton informed Council Member Evans that Town staff had looked extensively into other ways of redesigning the parking lot and that the proposal as presented was thought to be the best solution.

 

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER FRANCK TO ADOPT RESOLUTION 13.   THE MOTION WAS ADOPTED  UNANIMOUSLY (7-0).

 

A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR UP TO 104 PARKING SPACES WITH FGI (97-4-28/R-13)

 

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 agreement will be for three years and two months, beginning May 1, 1997 and remaining effective through June 30, 2000.  This amends the term of the agreement signed on May 28, 1993, which was due to expire on June 30, 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 either through gate control access or individually signed parking spaces.   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 shall 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 28th day of April, 1997.

 

Item #8  Funding of Capital Projects

 

Mr. Horton said he was suggesting that the sale of bonds be done in equal amounts of $4.9 million in three two-year increments.

 

Assistant Town Manager Sonna Loewenthal stated that option A1 would spread the issuance of bonds in the Manager suggested by the Manager.  She stated that option A2 would shift projects around so that the Northern Community Gym and Pool would be moved forward from phase 3 to phase 2 and the Community Center design funds would be moved up to phase 1. 

 

Parks and Recreation Commission Chair Dianne Lemasters said the Commission favored option A3 which would move the Northern Community Park project up on the priority list.   Ms. Lemasters expressed concern that a combination of rising costs and long time delays prior to building would be detrimental to the final completed project.  She also stated that the Parks and Recreation bond had passed so overwhelmingly because of the promise of a community park and gymnasium.

 

Noting that many Town citizens were concerned about rising tax rates, Council Member Brown urged the Council to take these concerns into consideration.

 

Mr. Horton noted that there were basically three options for the repayment of bonds:  (1) his recommendation of making full payment of interest and principal in 1997-98, (2) paying only half of the principal and interest in 1997-98 and (3) deferring principal and interest payments to the next year.

 

Council Member Brown inquired about the possibility of further spreading out bond repayments.  Mr. Horton said although this would buy time on the front end, it would essentially catch up toward the back end.   Mr. Horton added that Ms. Loewenthal’s key point was that adding debt in the first issuance added substantial cost to the debt service of the first several years and this might not be beneficial.

 

Noting the recent building boom in the Triangle area, Council Member Evans asked whether it was possible that building costs would be lowered by waiting a few years. Ms.  Loewenthal responded that given inflation and the amount of building still to be done, there was no guarantee of lowered costs, and in fact, the opposite was more likely. Cal Horton added that it was impossible to determine what the bond market was going to do, that small changes made a huge difference, and that he didn’t see any real slow down in building for at least five to ten years.

 

Mayor Waldorf noted that the Police and Public Works Department projects were listed in the first phase of all of the phasing options before the Council.    Ms. Loewenthal said that the longer the improvements were put off, the costlier and more extensive these improvements would be.   She also said that additional training space was needed for the growing police force and that interior storage for Public Works equipment would extend the life of that equipment currently being stored outside.

 

Council Member Wiggins inquired about the different impacts on the tax rate between options A1 and A2.   Mr. Horton said that A2 would increase the tax rate over A1 by one-half cent.

 

Council Member Andresen reminded the Council of the possible collaboration with the YMCA on  pool usage and that this might be a good reason to defer the Community Center project to a later date/phase.

 

Mayor Waldorf  suggested that the Council could approve a project schedule this evening, allowing for modifications, and deal with debt issuance concerns at a later date.

 

Council Member Brown inquired how the bonds under discussion related to the proposed 1997-98 Town budget.  Mr. Horton stated that option A1 would assume a debt of $4.5 million at a 1.75 cent tax increase, while A2 assumed a $5.2 million debt, raising the tax rate by two cents.  Council Member Brown emphasized the importance of reducing the budget whenever possible.

 

Mr. Horton noted that there were a number of typographical errors in the summary table before the Council.  He provided relevant corrected information.

 

Mayor Waldorf inquired about the staff’s ability to administratively handle the construction schedule outlined in option A2.   Mr. Horton said that this schedule would be very challenging.  He noted that this was a primary basis for recommending option A1.

 

Council Member Brown inquired about the amount of bonds earmarked sidewalk and bikeway projects.  Mr. Horton said this totaled $500,000.

 

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

 

Council Member Franck suggested modifying the resolution by moving $250,000 for design of the Community Center to Phase 2, while moving greenways to phase 3.  The motioner concurred with this amendment.

 

RESOLUTION 14A WAS APPROVED BY A VOTE OF 6-2, WITH COUNCIL MEMBERS CHILTON AND PAVAO VOTING NO.

 

A RESOLUTION AUTHORIZING THE MANAGER TO PROCEED TO IMPLEMENT CAPITAL PROJECTS FUNDED BY THE PROCEEDS OF 1996 BONDS (97-4-28/R-14a)

 

WHEREAS, the voters of Chapel Hill have approved five bond issues, totaling $13,500,000, and

 

WHEREAS, the Council of the Town of Chapel Hill determines that the following schedule could be implemented while still continuing to provide regular Town services and maintaining a strong financial position,

 

NOW,  THEREFORE BE IT RESOLVED, by the Council of the Town of Chapel Hill that the Manager is hereby authorized to proceed with the preparation of bond sales and to begin implementation of the capital projects according to the schedule below:

 

ALTERNATIVE SCHEDULE A-1

 

 

Project

1997-98 & 1998-99

Funding Phase I

1999-2000 & 2000-01

Funding Phase II

2001-02 & 2002-03

Funding Phase III

 

TOTAL

 

Streetscape

 

 

             $  400,000

 

                  400,000

 

                200,000

 

 

            1,000,000

Drainage Projects

                 135,000

                  170,000

                20,000

               400,000

 

Drainage Assistance

 

                   40,000

                    40,000

                20,000

               100,000

Curbs

 

                 100,000

                  100,000

                100,000

               300,000

Sidewalks/

Bikeway

                             

                 200,000

                              

                  200,000

               

                100,000

                           

               500,000

 

 

 

 

 

Northern Community

Park

 

                             

              1,500,000

 

 

 

            1,500,000

 

Hargraves Gym         

                 425,000

 

 

               425,000

 

 

 

 

 

Community Center

 

        

                  250,000

                2,825,000

            3,075,000

Police Improvement

 

                 700,000

      

 

               700,000

Fire Station/Truck

 

                 120,000

               1,180,000

 

            1,300,000

Bridge Replacement 

 

                 180,000

                  250,000

                270,000

               700,000

PW Improvements

 

                 290,000

                  210,000

 

               500,000

Open Space/G’ways

 

                 760,000

               1,700,000

                540,000

            3,000,000

TOTALS

         $4,500,000

         $4 ,500,000

       $4,500,000

     $13,500,000

 

This is the 28th day of April, 1997

 

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO ADOPT RESOLUTION 14D.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

A RESOLUTION AUTHORIZING THE MANAGER TO PROCEED TO BID AND CONSTRUCT THE NORTHERN COMMUNITY PARK PROJECT, PHASE I AND II  (97-4-28/R-14d)

 

WHEREAS, the Council of the Town of Chapel Hill has allocated funds from the 1989 Parks and Recreation bonds for the construction of Phase I of the Northern Community Park, and

 

WHEREAS, the drawings for Phase II have been completed along with those for Phase II, and

 

WHEREAS, it is more economical to build both phases together rather than sequentially,

 

NOW, THEREFORE,  HEREBY  BE IT RESOLVED, by the Council of the Town of Chapel Hill that $1,500,000 of the proceeds of the first sale of 1996 Parks and Recreation bonds be allocated for the construction of Phase II of the park, and

 

BE IT FURTHER RESOLVED that the Manager is authorized to proceed now with the bidding and construction of  Phases I and II of the Northern Community Park.

 

This is the 28th day of April, 1997.

 

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO ADOPT RESOLUTION 14E.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

A RESOLUTION ALLOCATING PARKS AND RECREATION BOND FUNDS SO THAT THE COMMUNITY CENTER IS FUNDED WITH $3,075,000, THE NORTHERN COMMUNITY PARK IS FUNDED WITH $1,500,000 AND THE HARGRAVES GYM IS FUNDED WITH $425,000 (97-4-28/R-14e )

 

WHEREAS, the bids for the Hargraves Gym were above the funds allocated to the project, and

 

WHEREAS, the Parks and Recreation Commission recommends that $425,000 of the 1996 Parks and Recreation bond funds be allocated to the Hargraves Gym project, $3,075,000 be allocated to the Community Center, and $1,500,000 be allocated to the Northern Community Park, and

 

WHEREAS, the Council of the Town of Chapel Hill has committed to completing the Hargraves Gum project as designed,

 

BE IT HEREBY RESOLVED, by the Council of the Town of Chapel Hill that the proceed of the 1996 Parks and Recreation bonds be allocated with $3,075,000 to the Community Center, $1,500,000 to the Northern Community Park and $425,000 to the Hargraves Gym.

 

This is the 28th day of April, 1997.

 

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO ADOPT RESOLUTION 15.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

A RESOLUTION AUTHORIZING 1996 PARKS AND RECREATION BOND FUNDS FOR DEVELOPMENT OF THE NORTHERN COMMUNITY PARK AND COMMUNITY CENTER (97-4-28/R-15)

 

WHEREAS, the Council of the Town of Chapel Hill has expressed its intent to use the $5,000,000 issue of 1996 Parks and Recreation Bonds to complete the gymnasium at the Hargraves Park,  and to develop the Northern Community Park and the Community Center, and

 

WHEREAS, the Council has already allocated $425,000 for the completion of the Hargraves Gymnasium;  and

 

WHEREAS, the Parks and Recreation Commission  has recommended that of the remaining $4,575,000,  $1,500,000 be allocated  to develop the Northern Community Park and $3,075,000 be allocated for the Community Center;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby allocates $1,500,000 to develop the Northern Community Park and $3,075,000  for the Community Center.

 

This the 28th day of April, 1997.  

 

Item #9  Citizen Participation Policy

 

Council Member Andresen presented a number of proposals to enhance citizen participation, including:  (1) having a citizen comment period early on the agenda, (2) discontinuing the use of the red speaker light (limiting speaker’s comments to three minutes), (3) clarification of the roles of advisory boards and (4) Council meetings to be held on a regular night, rather than on different evenings, with notices included in newspapers or another suitable medium.  Council Member Andresen said she welcomed Council or citizen comment on any of these proposals.

 

Joe Carsanaro expressed his belief that citizens had more roadblocks than developers in communicating with the Council.  He also said that citizens had no opportunity for cross examination on development-related matters.

 

Council Member Evans said that charges for advisory board were in place and available to interested persons.  Council Member Andresen replied that the public did not have easy access to this information.

 

Council Member Wiggins inquired whether these proposals had any bearing on the work which Council Members Evans and Pavao had undertaken relative to Council efficiencies.  Council Member Evans said that their work was more focused on making Council meetings work more efficiently.  Council Member Wiggins said she found it painful that sometimes citizens had to wait all evening in order to speak and on some occasions, not have the opportunity to speak, due to lack of time.

 

Council Member Brown said that staff should attempt to structure the agenda on the basis of the anticipated volume of  citizen comments on individual agenda items.

 

Council Member Chilton suggested that the Council consider permitting citizens to speak at the beginning of the meeting or at the time of the agenda item itself.

 

Council Member Evans noted that the practice in some communities for citizens wishing to speak at a Council meeting was  to call the Mayor’s Office in advance of the meeting.  She said that by this arrangement staff could know how many people would be speaking on particular items.

 

Council Member Wiggins said she felt strongly that the main problem was the Council’s inability to stay on schedule.  She suggested that closer attention be paid to the amount of time allotted to each agenda item.

 

Noting the lateness of the hour, Mayor Waldorf suggested that Council Members having comments on Council Member Andresen’s proposal forward any such comments to the Manager prior to the Council’s May 12th meeting.  There was Council concurrence on this suggestion.

 

Council Member Brown inquired about  the possibility of staff including  a listing of anticipated future agenda items at the end of each agenda face sheet.  Mr. Horton said staff could accommodate this request.

 

Item #10  Council Procedures Manual

 

There was Council concurrence to carry the discussion of the Council Procedures Manual over to a future meeting.

 

Item #11  Proposed Hearing on Resource Conservation District Regulations

 

Dan Coleman said he supported the changes being suggested as well as the proposal to have a public hearing on the possible changes.  He stated that if these changes had been clearly in place prior to the Southern Village development, there might not have been so many problems related to Resource Conservation District regulations.

 

Expressing concern that a number of situations in the last four to five years had undermined existing Resource Conservation District regulations, David Cook said that he also supported holding a public hearing.

 

John Kent, Conservation Chair for the New Hope Audubon Society,  said that the Town was at the top of the watershed and that water quality was an increasingly critical issue since there were not many new sources of water available.  Mr.  Kent strongly urged the Council to hold a public hearing on the proposed changes.

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER CHILTON,  TO ADOPT RESOLUTION 16.

 

Council Member Franck stated that Chapter 18 of the Development Ordinance, dealing with Special Use permits, had a great effect on the RCD Ordinance because it allows the Council to override the RCD Ordinance in some cases, as occurred with the Days Inn SUP. Council Member Franck suggested that the staff include possible revisions to Chapter 18 so that RCD provisions could not be modified, or that these modifications could be limited.

 

Council Member Evans said that it would take more than a public hearing to determine how the community felt about the proposed changes.  Council Member Evans also said that she opposed some of the proposed changes, while others required additional explanation.

 

RESOLUTION 16 WAS ADOPTED BY A VOTE OF 7-1, WITH COUNCIL MEMBER EVANS VOTING NO.

 

A RESOLUTION CALLING A PUBLIC HEARING TO CONSIDER POSSIBLE CHANGES TO THE DEVELOPMENT ORDINANCE RESOURCE CONSERVATION DISTRICT PROVISIONS  (97-4-28/R-16)

 

WHEREAS, the Chapel Hill Town Council received on March 3, 1997  proposed changes to the Resource Conservation District provisions of the Development Ordinance; and

 

WHEREAS, the Town Council referred the proposed changes to particular advisory boards for recommendation; and

 

WHEREAS, the Town Council received the recommendations on April 28, l997;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby calls a Public Hearing for Tuesday, October 21, 1997 to consider the proposed amendments to the Development Ordinance.

 

This the 28th   day of April, 1997.

 

 

Stating that it was clear that there would be substantial citizen comment, Council Member Brown requested that the item be placed early on a future Council agenda.

 

Item #13  Town and YMCA Cooperation

 

Ted Vaden of  the YMCA Board of Directors, presented a proposal that the Town and the YMCA look into the possibility of cooperating regarding the development of future facilities.  Mr. Vaden said that the YMCA Board was proposing that representatives from the Town and the YMCA meet to determine how the two parties might be able to work together on this matter.

 

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

 

Council Member Andresen stated that any facility built by the Town would need to be affordable for all users and the YMCA usually had facility user fees.  Mr. Vaden said this matter could be discussed by the Town and YMCA officials.  Council Member Pavao expressed his support for the proposal.

 

RESOLUTION 18 WAS ADOPTED UNANIMOUSLY (8-0).

 

A RESOLUTION REGARDING A PROPOSAL BY THE YMCA  (97-4-28/R-18)

 

BE IT RESOLVED by the Chapel Hill Town Council that the Council:

 

1.      Authorizes the Parks and Recreation Commission to designate representatives of the Commission to meet with representatives of the YMCA to discuss the feasibility of collaboration in planning and building future facilities.

 

2.      Requests that the Commission adhere to the timetable proposed in the YMCA President’s letter of April 9, 1997, and make a preliminary report and recommendations to the Council for consideration at the Council’s meeting on June 23, 1997 and a final report by September 1, 1997.

 

This the 28th day of April, 1997.

 

THE COUNCIL AGREED TO MEET FOR AN ADDITIONAL TEN MINUTES OR UNTIL ITEMS 14 AND 15 WERE COMPLETED.  THERE WAS COUNCIL ACCLAMATION ON THIS POINT.

 

Item #14  Proposed Orange/Chatham Work Group

 

Mr. Horton said he hoped that the proposed resolution was responsive to the Council’s requests on this matter.

 

COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER FRANCK, TO ADOPT RESOLUTION 19.

 

Council Member Brown inquired why staff was proposing the inclusion of  non-elected officials, in the form of Advisory Board members.    Mr. Horton responded noting that this was how the Durham/Chapel Hill Work Group was structured.

 

Council Member Franck expressed his support for the inclusion of  board members by stating their input was very important.

 

Mayor Waldorf said she believed that quarterly meetings of the Work Group would be sufficient.

 

RESOLUTION 19 WAS ADOPTED UNANIMOUSLY (8-0).

 

A RESOLUTION FORWARDING A REPORT ON A PROPOSAL FOR AN ORANGE-CHATHAM WORK GROUP (97-4-28/R-19)

 

WHEREAS, the Council of the Town of Chapel Hill has discussed with the Chatham County Board of Commissioners the concept of establishing a Work Group to enhance communication among elected officials concerning issues of mutual interest;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to forward copies of the attached proposal to the Chatham County Board of Commissioners,  the Orange County Board of Commissioners, the Carrboro Board of Aldermen, and the Board of Directors of the Orange Water and Sewer Authority for comment and feedback on the report; and

 

BE IT FURTHER RESOLVED that the Council intends to discuss this proposal as part of the next meeting agenda scheduled with the Chatham County Board of Commissioners on May 6, 1997.

 

This the 28th day of April, 1997.

 

Item #15 Civic Leave for Elections-Related Work

 

Mr. Horton stated that jury duty was mandatory and was therefore considered paid leave, while election work was voluntary and there was consequently a question about whether or not this should be paid leave.

 

Council Member Franck stated that paying Town employees for election work would set a good example.  He stated that such a policy would reflect the value of poll work and the political process. Council Member Franck added that the projected cost was relatively low.  Noting that it was difficult to find competent people to serve as poll workers, Council Member Chilton said he concurred with Council Member Franck’s remarks.

 

Mayor Waldorf  inquired whether or not any limits were proposed for this type of leave.  Mr. Horton said he was proposing a limit of one day per year.

 

Mr. Horton said he had some concerns about the awkwardness of administering this type of leave without some clear limitations in the language.

 

Council Member Wiggins echoed Mr. Horton’s concern that some employees showed their civic concern in other ways and that paying employees to “volunteer” at the polls brings up the problem of choosing which other volunteer jobs could qualify for paid leave.

 

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO ADOPT ORDINANCE 4.  THE MOTION PASSED BY A VOTE OF 5-3, WITH MAYOR WALDORF AND  COUNCIL MEMBERS EVANS AND WIGGINS VOTING NO.

 

AN ORDINANCE ESTABLISHING NON-MANDATORY PUBLIC SERVICE AS A FORM OF CIVIL LEAVE (97-4-28/O-4)

 

Section I

 

Section 14-87 of the Personnel Ordinance is amended as follows:

 

An employee called for jury duty, or as a court witness for the federal or state governments or a subdivision thereof, by subpoena, shall be entitled to leave with pay for such duty in addition to keeping fees received for such duty provided documentation is made for each day.

 

In addition, employees may request and departments may grant up to 8 hours of paid time off per year to perform approved forms of non-mandatory, non-partisan work at the polls on election day. Employees may be required to provide documentation of their service in order to receive regular salary payment under this policy.

 

Section II

 

That this ordinance shall be effective on May 1, 1997.

 

This the 28th day of April, 1997.  (First reading)

 

 

Mr. Karpinos noted that the ordinance would need to be on the next regular meeting agenda on May 12th for a second reading.

 

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

 

The meeting concluded at 10:45 p.m.