SUMMARY OF A
REGULAR MEETING OF THE CHAPEL HILL
TOWN
COUNCIL, MONDAY, MAY 12, 1997 AT 7:00
P.M.
Mayor Waldorf called the meeting to order. Council Members in attendance were Julie
Andresen, Joyce Brown, Joe Capowski,
Mark Chilton, Richard Franck, Lee Pavao and Edith Wiggins. Council Member Pat Evans was absent
excused. 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.
There were no ceremonies or
hearings.
Item 3 Petitions
Scott Radway presented a
petition requesting expedited Council review of a revised zoning plan for the
proposed Presque Isle development. Mr.
Radway said that the revised request was for a maximum of eight units per acre.
COUNCIL MEMBER PAVAO MOVED,
SECONDED BY COUNCIL MEMBER CHILTON, TO RECEIVE AND REFER MR. RADWAY’S PETITION
TO STAFF. THE MOTION WAS ADOPTED
UNANIMOUSLY (8-0).
Steve Wallace requested that
the Council discontinue the DARE program at area schools. Mr. Wallace stated that the North Carolina
Department of Public Instruction had some very effective, no cost anti-drug
programs which could be used in lieu of the DARE program. He also petitioned
the Council to discontinue the Police Department’s DARE programs at the Saint
Thomas More School.
COUNCIL MEMBER BROWN MOVED,
SECONDED BY COUNCIL MEMBER ANDRESEN, TO
RECEIVE AND REFER MR. WALLACE’S PETITION.
THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
COUNCIL MEMBER FRANCK MOVED,
SECONDED BY COUNCIL MEMBER CHILTON, TO RECEIVE AND REFER A PETITION FROM MR.
MICHAEL HINING REGARDING A REQUEST FOR RESCHEDULING OF THE HEARING ON THE
PROPOSED ROSEMARY WEST APARTMENT PROJECT.
THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
Keith Edwards, President
of the Northside Community
Association, requested the Council’s
assistance in repairing dangerous street conditions in the Northside
neighborhood.
COUNCIL MEMBER WIGGINS
MOVED, SECONDED BY COUNCIL MEMBER FRANCK, TO RECEIVE AND REFER MS. EDWARDS’
PETITION. THE MOTION WAS ADOPTED
UNANIMOUSLY (8-0).
Council Member Capowski
shared a brief account of his recent visit to Philadelphia for the President’s
Summit on Volunteerism. Council Member
Capowski said the main focus of the summit was getting volunteers to assist
with the needs of at-risk youth. Noting that regional or state summits on
volunteerism were being planned, Council Member Capowski said he would provide
additional information on these matters to the Council in the future.
Council Member Capowski
expressed concern that it appeared that citizens had not been given a chance to
speak and were discouraged from speaking, at a recent Planning Board meeting
regarding the five special use permits for the proposed Meadowmont development.
Council Member Capowski also
said he was very uncomfortable that one of the Planning Board members was on
the applicant’s payroll. Stating that
this member had participated in the discussion of, and voted on, the Meadowmont
special use permits, Council Member Capowski suggested that the Council address
this matter in some fashion.
Council Member Andresen
added that she had also been at the meeting and felt uneasy about the
unpleasant “back and forth” between citizens and the Board. She suggested that the Planning Board and the
public be equally charged with treating one another with respect.
Ms. Andresen read part of a
letter that she had written which addressed this issue of the lack of ample
time given to the public to voice their opinion and that both Board and public
be charged with treating each other with respect. Her motion was a request to
refer the text of the letter to the Manager.
Mayor Waldorf noted that
although Council Member Capowski’s and Andresen’s statement were linked,
they differed enough to warrant two separate
petitions.
Council Member Franck asked
whether or not the Town’s obligation to
provide due process might have been damaged because of this Board meeting. Mr. Karpinos said it was legal interpretation
that the Planning Board member did not have a conflict of interest which would
require him to be excused from this matter.
Council Member Franck
reiterated his point about the deprivation of due process due to the inadequate
time for public review and comments.
Mayor Waldorf inquired
whether or not public notice requirements had been followed. Mr. Horton said he
would check to make sure that proper requirements had been followed.
COUNCIL MEMBER ANDRESEN
MOVED, SECONDED BY COUNCIL MEMBER BROWN, FOR STAFF TO DRAFT A LETTER TO
ADVISORY BOARDS, SUBJECT TO COUNCIL APPROVAL, REGARDING THE PROCESS FOR
RECEIVING PUBLIC COMMENTS. THE MOTION
WAS ADOPTED UNANIMOUSLY (8-0).
Council Member Andresen then
requested that the question of the conflict of interest be revisited as she was
not completely satisfied with the Attorney’s response. Council Member Capowski added that although
he respected the legal opinion of the Town Attorney, he was still not happy
with what he had seen and supported Council Member Andresen’s request.
Noting that she would be out
of town on May 27th, Council Member Andresen requested that the
Council reschedule its discussion of the Comprehensive Plan to another
date. The Council agreed to reschedule
the discussion to the June 23rd meeting.
COUNCIL MEMBER ANDRESEN
MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, REQUESTING THAT MAYOR WALDORF DRAFT
A LETTER TO THE HORACE WILLIAMS ZONING COMMITTEE, REQUESTING THAT A LIST OF
TERMS AND USES RELATIVE TO THE AIRPORT AREA BE CLARIFIED. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
Council Member Brown brought
forward a request from the Westside Neighborhood Association requesting a
four-way stop sign at the corner of Ransom and McCauley Streets.
COUNCIL MEMBER BROWN MOVED,
SECONDED BY COUNCIL MEMBER CHILTON, TO REFER THE MATTER TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
Mayor Waldorf inquired
whether the Council was willing to have a budget work session on Wednesday
evening if the public hearing on the budget were concluded by 8:30 p.m. There was Council concurrence on this matter.
Mayor Waldorf noted that
Council Member Evans had requested that the Council delay discussion of the
Procedures Manual to another evening.
There was Council concurrence to discuss the matter at a future
meeting.
Item 4.1 Consent Agenda
Council Member Brown
expressed appreciation to Ms. Nunn and her daughter Judy relative to their
assistance with the special use permit for the Neville tract.
Mayor Waldorf congratulated
Town staff for the study of all area creek basins.
COUNCIL MEMBER FRANCK MOVED,
SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT THE CONSENT AGENDA, EXCEPTING ITEM
N. THE MOTION WAS ADOPTED UNANIMOUSLY
(8-0).
A RESOLUTION ADOPTING
VARIOUS RESOLUTIONS AND ORDINANCES
(97-5-12/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.
a. Nominations to the Board of Adjustment, Parks and Recreation Commission and
Transportation Board.Possible sale of Town-owned land on Laurel Hill
Road
a.
Purchase
of Public Works equipment including
lease-purchase financing agreement. (R-2a-c).
b.
Construction
of bus shelters (R-3).
c.
Lease
of a trolley bus to local governments
in eastern North Carolina (R-4).
d.
Playground
equipment for the Community Center on Estes Drive (R-5a) and related budget
change (O-1a).
e.
Supporting designation of the Triangle Transit
Authority to receive federal
grants for its transit operating costs (R-6).
f.
Contract
for the 1997 financial audit (R-7).
g.
Agreement
for study of the Bolin, Booker and Morgan
Creek drainage areas (R-8).
h.
Expedited
review of special use application for removal of soil from the Neville tract
for use in the Orange Regional Landfill on Eubanks Road (R-9).
i.
Corrected
resolution regarding allocations within three phases of selling $13.5 million
of bonds approved by the voters in November (R-10).
j.
Calling
a public hearing on a request to close an unused right-of-way abutting Howell
Street (R-10.1).
k.
Recommended
amendment to the Personnel Ordinance allowing donation of vacation leave (O-2).
l.
Location
of future wastewater discharge by the Town of Cary into the Cape Fear River
Basin (R-10.2). Mayor Waldorf.
m.
Letter
from Bruce Ballentine (R-10.3).
This
the 12th day of May, 1997.
A RESOLUTION
ACCEPTING THE BID FOR THE PURCHASE OF A BACKHOE/LOADER (97-5-12/R-2a)
WHEREAS, the Town of Chapel Hill has solicited
formal bids by legal notice in The Chapel Hill News/Village Advocate
Classifieds on March 5, 1997, in accordance with G. S. 143-129 for the
purchase of a backhoe/loader; and
WHEREAS, the following bids have been received and
opened on March 20, 1997:
VENDOR BID
E.
F.
Craven Co. $62,017.00
(Bid did not include required 5% Bid Bond)
R.
W.
Moore Equipment Co., Inc. $69,500.00
North Carolina Equipment Company $54,219.00;
and
WHEREAS, as the bid from North Carolina Equipment
Company was found to be the lowest responsive bid;
NOW, THEREFORE, BE IT RESOLVED by the Council of the
Town of Chapel Hill that the Town accepts the lowest responsive bid of North
Carolina Equipment Company in the amount of $54,219.00.
This the 12th day of May, 1997.
A RESOLUTION
ACCEPTING THE BID FOR THE PURCHASE OF A UTILITY MAINTENANCE CLEANER
(97-5-12/R-2b)
WHEREAS, The Town of Chapel Hill has solicited
formal bids by legal notice in The Chapel Hill News/Village Advocate
Classifieds on March 5, 1997, in accordance with G. S. 143-129 for the
purchase of a utility maintenance cleaner; and
WHEREAS, the following bids have been received and
opened on March 20, 1997:
VENDOR BID
The Lely Corporation $28,240.00
Wilson, N. C.
Sewer Equipment Co. of America $22,982.00
Glenview, Illinois
O’Brien Equipment $24,299.00
Winamac, Indiana
Jet-Vac Sanitary Services, Inc. $27,323.79;
and
Sumter, S. C.
WHEREAS, as the bid from Sewer Equipment Co. of
America was found to be the lowest responsive bid;
NOW, THEREFORE, BE IT RESOLVED by the Council
of the Town of Chapel Hill that the
Town accepts the lowest responsive bid of Sewer Equipment Co. of America in the
amount of $22,982.00.
This the 12th day of May, 1997.
A RESOLUTION
AUTHORIZING THE TOWN MANAGER TO ACCEPT THE LEASE PURCHASE PROPOSAL FOR A FOUR
WHEEL DRIVE BACKHOE/LOADER, A TRAILER MOUNTED UTILITY MAINTENANCE CLEANER AND A
1-TON UTILITY TRUCK FROM BRANCH BANKING
AND TRUST (97-5-12/R-2c)
WHEREAS, the Council of Town of Chapel
Hill has authorized the following purchases:
ITEM VENDOR BID
backhoe/loader North
Carolina Equipment Company $54,219.00
utility maintenance cleaner Sewer Equipment co. of America $22,982.00
Glenview,
Illinois
1-ton utility truck Capital
Ford, Raleigh, NC $25,609.20
cab & chassis
1-ton utility truck body Simpson Equipment Co., Wilson, NC $
3,500.00; and
WHEREAS, the Town of Chapel Hill solicited and
received competitive proposals from financial institutions for the lease
purchase of this equipment; and
WHEREAS,
Branch Banking and Trust offers the lowest fixed interest rate of 4.9%
for the five year term for this purchase;
NOW, THEREFORE, BE IT RESOLVED by the Council of the
Town of Chapel Hill that the Council authorizes the Town Manager to enter into
a contract with Branch Banking and Trust on behalf of the Town for the lease
purchase of a four wheel drive backhoe/loader, a trailer mounted utility
maintenance cleaner and a 1-ton utility truck at an interest rate of 4.91%.
BE IT FURTHER RESOLVED that the aforesaid contracts
by and between the Town of Chapel Hill and N.C. Equipment Company, Sewer
Equipment Co. of America, Capital Ford and Simpson Equipment Co., together with
the amounts to be paid thereunder, be and the same are hereby designated
as qualified tax-exempt obligations of
the Town of Chapel Hill for purposes of Section 265(b)(3) of the Internal
Revenue Code of 1986, as amended.
BE IT FURTHER RESOLVED, that the Council does not reasonably expect that the Purchaser
(and any subordinate entities) will issue more than $10,000,000 in qualified
tax-exempt obligations during the current calendar year, and the Governing Body will not designate
more than $10,000,000 of qualified tax-exempt obligations pursuant to such
Sections 265(b) (3) (B)(ii) during the current calendar year.
This the 12th day of May, 1997.
A RESOLUTION
AWARDING A BID FOR SIXTEEN SHELTERS (97-5-12/R-3)
WHEREAS, the Town of Chapel Hill solicited formal
bids by legal notice in The Chapel Hill News/Village Advocate on April 20,
1997, in accordance with General Statute 143-129; and
WHEREAS, the following bids were received and opened
on May 6, 1997:
Bid Evaluation
|
Vendor |
Total Bid |
|
Duo-Gard Industries |
$47,660.00 |
|
Brasco International, Inc. |
$51,490.00 |
|
Handi-Hut |
$54,365.00 |
|
Columbia Equipment Company |
$55,555.00 |
NOW, THEREFORE, BE IT RESOLVED by the Council of the
Town of Chapel Hill that the Council award the bid to Duo-Gard Industries for
manufacture and delivery of sixteen (16) Bus Shelters, as outlined in the
Town’s Specifications and Invitation for Bids, in the amount of $47,660.00.
This the 12th day of May, 1997.
A RESOLUTION
AUTHORIZING THE MANAGER TO EXECUTE A LEASE FOR THE USE OF ONE TROLLEY BY THE
INTER COUNTY PUBLIC TRANSPORTATION AUTHORITY FOR A PERIOD OF SIX MONTHS
(97-5-12/R-4)
WHEREAS; The Town of Chapel Hill owns two trolley
buses which are not currently used in daily operation, and the lease of one
trolley will not significantly affect the Town’s ability to continue the
current level of service; and
WHEREAS; The Inter County Public Transportation
Authority has received a grant from the North Carolina Department of
Transportation to fund a demonstration of trolley service in the Town of
Edenton, North Carolina and desires to lease a vehicle from the Town; and
WHEREAS; North Carolina Statue permits locals
governments to lease property, vehicles and equipment; and
WHEREAS; the terms and conditions of the attached
lease would be financially beneficial to the Town and will hold the Town
harmless from any liability or damages resulting from this lease of a trolley
to the Inter County Public Transportation Authority,
NOW, THEREFORE BE IT RESOLVED, that the Chapel Hill
Town Council approves the terms and conditions of the lease and authorizes the
Town Manager to execute this agreement with the Inter County Public
Transportation Authority.
This
the 12th day of May, 1997.
A RESOLUTION
ACCEPTING BIDS, INCLUDING ALL ALTERNATES, AND AWARDING A CONTRACT FOR THE
CONSTRUCTION OF THE COMMUNITY CENTER PLAYGROUND (97-5-12/R-5a)
WHEREAS, the Town of Chapel Hill has solicited
formal bids by advertisement in the Chapel Hill News/Village Advocate on March
30, 1997 and directly to twenty-one (21) vendors, including five (5) minority
business organizations; and
WHEREAS, the following bids were received and opened
on April 16, 1997:
VENDOR BASE BID
Bassnight and Associates $61,809.94
Cunningham and Associates $42,752.00
Playground Environments $51,676.00
Peggs Recreation $52,736.13
Swings-N-Things $46,130.00
NOW THEREFORE, BE IT RESOLVED by the Council of the
Town of Chapel Hill that the Town accepts the bid and awards a contract to Cunningham
and Associates that includes the base bid of $42,752 and all alternates for a
total of $56,953
This the 12th day of May, 1997.
AN ORDINANCE
TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE
FOR THE FISCAL YEAR BEGINNING JULY 1, 1996 (97-5-12/O-1a)
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 fir 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
APPROPRIATIONS Budget Increase Decrease Budget
GENERAL FUND
Non-Departmental
Transfer to Capital
Improvements Fund 170,000 18,750 188,750
CAPITAL IMPROVEMENTS
FUND 1,723,838 18,750 1,742,588
ARTICLE II
REVENUES
GENERAL FUND
Other Revenues 247,380 1,050 248,430
Fund Balance 1,922,104 17,700 1,939,804
CAPITAL IMPROVEMENTS
FUND
Transfer from General Fund 170,000 18,750 188,750
This the 12th day of May,
1997.
A RESOLUTION SUPPORTING THE DESIGNATION OF THE RESEARCH TRIANGLE
REGIONAL PUBLIC TRANSPORTATION AUTHORITY AS RECIPIENT FOR FEDERAL FORMULA
FUNDING (97-5-12/R-6)
WHEREAS, the Research
Triangle Regional Public Transportation Authority is a publicly owned operator
of transit services; and
WHEREAS, Research Triangle
Regional Public Transportation Authority wishes to receive Federal
transportation assistance authorized by 49 U.S.C. chapter 53 title 23 United
States Code, and other Federal statutes administered by the Federal Transit
Administration; and
WHEREAS, Article 26, Section 160A-603(e) of the North
Carolina General Statues says "The Authority may become a Designated
Recipient pursuant to the Urban Mass Transportation Act of 1964 as
amended"; and
WHEREAS, the Town of Chapel
Hill as an publicly owned operator of transit services, is required under
Federal Transit Administration circular 9030.1B to concur in the designation of
TTA as a recipient for federal funds in our area; and
WHEREAS, funds will be
allocated to the Research Triangle Regional Public Transportation Authority
after funds are allocated to other recipients under the formula that applies to
the funding source such that the other recipients, Chapel Hill Transit and the
Durham Area Transit Authority, will receive the allocation they would have
received under the formula without the Research Triangle Regional Public
Transportation Authority's participation in the funding program; and
WHEREAS, all Federal funds
received by the Research Triangle Regional Public Transportation Authority will
be programmed by the Metropolitan Planning Organization through the Unified
Planning Work Program and Transportation Improvement Program and the allocation
of funds will be reviewed annually.
NOW, THEREFORE, BE IT
RESOLVED by the Council of the Town of Chapel Hill that the Council supports
the designation of the Research Triangle Regional Public Transportation
Authority as a recipient for federal funds in the Durham/Chapel Hill/Carrboro
Urbanized Area so long as such designation does not reduce the amount of
federal funding that the Town would receive if TTA was not so designated.
This the 12th day
of May, 1997.
A RESOLUTION
AUTHORIZING THE MAYOR TO SIGN THE ANNUAL AUDIT CONTRACT FOR FISCAL YEAR 1996-97
(97-5-12/R-7)
BE IT RESOLVED by the Council of the Town of Chapel
Hill that the Council hereby authorizes the Mayor to sign a contract with the
Certified Public Accounting firm of McGladrey and Pullen, LLP in an amount not
to exceed $37,100.
This the 12th day of May, 1997.
A RESOLUTION
AUTHORIZING THE MANAGER TO EXECUTE AN AGREEMENT WITH THE U. S. ARMY CORPS OF
ENGINEERS FOR A STUDY OF THE BOLIN,
BOOKER, AND MORGAN CREEK DRAINAGE BASINS UNDER SECTION 22 OF THE PLANNING
ASSISTANCE TO STATES PROGRAM. (97-5-12/R-8)
WHEREAS, the Council of the Town of Chapel Hill is
aware of problems which result from periodic flooding of the Town’s major
streams; and
WHEREAS, the
Council is interested in identifying potential measures to mitigate such
flooding; and
WHEREAS, the contributing drainage areas of the
Town’s major streams include land under the jurisdiction of not only the Town
of Chapel Hill, but also the Town of Carrboro, Orange County, and the
University of North Carolina; and
WHEREAS, Orange County, The Town of Carrboro, and
The University of North Carolina have agreed to participate equally in the cost
of a study of the Bolin, Booker, and Morgan Creek drainage basins.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby
authorizes the Town Manager to execute an agreement with the U. S. Army Corps
of Engineers to undertake a study of the Bolin, Booker, and Morgan Creek
Drainage Basins under Section 22 of the Planning Assistance to States Program.
This
the 12th day of May, 1997.
A RESOLUTION
AUTHORIZING EXPEDITED PROCESSING OF AN APPLICATION FOR A SPECIAL USE PERMIT FOR
REMOVING DIRT FROM THE NEVILLE TRACT
(97-5-12/R-9)
WHEREAS, the Towns of Chapel Hill and Carrboro and
Orange County have jointly purchased the 14.4 acre Neville tract to provide
approximately 200,000 cubic yards of soil for the construction and operation of
the Orange Regional Landfill; and
WHEREAS
representatives of the Landfill Owners Group have an agreement with
neighbors of the Neville tract that includes the recording of a Special Use
Permit; and
WHEREAS, the
landfill needs soil from the Neville tract this summer in order to have the
next cell ready to receive waste by the time the current cell must be closed
early in 1998;
NOW, THEREFORE, BE IT RESOLVED by the Council of the
Town of Chapel Hill that the Manager is authorized to provide expedited
processing for the Neville tract Special Use Permit, including calling a pubic
hearing for June 16, 1997.
This is the 12th day of May, 1997.
A RESOLUTION
AUTHORIZING THE MANAGER TO PROCEED TO IMPLEMENT CAPITAL PROJECTS FUNDED BY THE
PROCEEDS OF 1996 BONDS (97-5-12/R-10)
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 project
according to the schedule below:
SCHEDULE OF
BOND SALES AND PROJECTS:
|
Project |
1997-98
& 1998-99 Funding
Phase I |
1999-2000
& 2000-01 Funding
Phase II |
2001-02 & 2002-03 Funding Phase III |
TOTAL |
|
Streetscape |
$ 300,000 |
400,000 |
300,000 |
1,000,000 |
|
Drainage
Projects |
135,000
|
170,000 |
95,000 |
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 |
|
|
|
|
|
|
|
No. Comm.
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 |
200,000 |
210,000 |
90,000 |
500,000 |
|
Open
Space/G’ways |
600,000 |
1,700,000 |
700,000 |
3,000,000 |
|
TOTALS |
$4,500,000 |
$4 ,500,000 |
$4,500,000 |
$13,500,000 |
This the 12th day of May, 1997.
A RESOLUTION
CALLING A PUBLIC HEARING ON THE PROPOSED CLOSURE OF AN UNUSED RIGHT-OF-WAY
ABUTTING THE HOWELL STREET RIGHT-OF-WAY (97-5-12/R-10.1)
BE IT RESOLVED by the Council of the Town of Chapel
Hill that the Council hereby declares its intent to consider closing an unused
portion of right-of-way as shown on Orange County Tax Map # 7.71, and adjacent
to Lots 7.71.C.19, 7.71.C.19D, and 7.71.C.21 which said right-of-way is
approximately 20 to 50 feet wide with a length of 495 feet; and calls a public
hearing at 7:00 p.m., Monday, June 16, 1997 in the Council Chamber at Town
Hall, 306 N. Columbia Street, Chapel Hill, on the proposed closing of said
right-of-way.
BE IT FURTHER RESOLVED that the Town Manager is
hereby directed to arrange publication, posting, and mailing of notices of the
hearing as required by law.
This the 12th day of May, 1997.
AN ORDINANCE AMENDING CHAPTER 14 OF THE CODE OF
ORDINANCES OF THE TOWN OF CHAPEL HILL (97-5-12/O-2)
BE IT
ORDAINED by the Council of the Town of Chapel Hill that Chapter 14, Personnel
Rules and Regulations, Code of Ordinances of the Town of Chapel Hill is hereby
rewritten to read as follows:
Sec.
14-74: Donation of Annual Leave
Employees
may donate accumulated hours of their annual leave to the sick leave balance of
a co-worker, following policies developed by the Manager.
This
the12th day of May, 1997.
A RESOLUTION
OF THE CHAPEL HILL TOWN COUNCIL IN SUPPORT OF THE CHATHAM COUNTY BOARD OF
COMMISSIONERS’ STATEMENT TO THE TOWN OF CARY REGARDING A FUTURE DISCHARGE POINT
FOR TREATED WASTEWATER (97-5-12/R -10.2)
BE IT RESOLVED by the Chapel Hill Town Council that
the Council supports the Chatham County Board of Commissioners’ statement as
submitted to the Town of Cary on May 6, 1997, supporting the option of locating
the discharge point for the West Cary wastewater treatment plant below the
Buckhorn Dam in Lee County for the reasons set forth in the attached letter from the Chair of the Board
of Commissioners to the Mayor of Cary.
This
the 12th day of May, 1997.
Item 4.2 Information Reports
Council Member Andresen
questioned the Manager as to whether item C, the issue of livability, would
come back to the Council before the summer. Mr. Horton, citing that the
“Planning Board’s plate was very full”,
doubted that this issue would be back before the middle or end of summer.
Council Member Andresen requested that the Council discuss the issue again and
send it back to the staff after further discussion.
Item 5a Paid leave for Town
Employees to serve as Election Officials
Flicka Bateman suggested
that the Town possibly consider offering paid leave for volunteer work other
than service as election officials. She
urged the Council to take a very close and long-term look at the potential
problems of “paid volunteerism”.
COUNCIL MEMBER FRANCK
MOVED, SECONDED BY COUNCIL MEMBER
ANDRESEN TO ADOPT ORDINANCE 4.
Council Member Capowski
inquired why work at the polls should be considered any more valuable or
special than other forms of volunteer work.
Council Member Capowski made a substitute motion to table the issue for four
weeks, at which point he would bring back an expanded resolution regarding
volunteer activities.
COUNCIL MEMBER CAPOWSKI,
SECONDED BY COUNCIL MEMBER PAVAO TO TABLE THE MATTER FOR FOUR WEEKS. THE MOTION FAILED ON A TIED VOTE OF
4-4. AYES WERE MAYOR WALDORF AND
COUNCIL MEMBERS CAPOWSKI, PAVAO AND WIGGINS AND NOS WERE COUNCIL MEMBERS
ANDRESEN, BROWN, CHILTON AND FRANCK.
Council Member Andresen said
that she liked the proposed ordinance because she recognized how difficult it
was to get people to work at the polls, and how important this work was to the
democratic process. Council Member
Andresen also said that although the costs to the Town would be relatively
minor, the potential benefit for the election process would be great.
Council Member Wiggins noted
that since poll workers were required to work in the precinct of their
residence, it was possible that the Town could pay for poll workers/election
officials in Carrboro, Hillsborough or another local community. Council Member Wiggins requested that the
staff’s follow-up report outline options for providing paid leave for other
volunteer activities.
Council Member Chilton said
that the proposal was a modest one, effecting only a few Town employees. He urged the Council to adopt it, keeping in
mind that it could be amended in the future.
Expressing support for the
basic concept, Mayor Waldorf said she had some concerns and felt that the best
action was to table the matter for now and bring it back at a future meeting .
THE MAIN MOTION, TO ADOPT
ORDINANCE 4, FAILED BY A TIED VOTE OF 4-4, WITH COUNCIL MEMBERS ANDRESEN,
BROWN, CHILTON AND FRANCK VOTING AYE AND MAYOR WALDORF AND COUNCIL MEMBERS
CAPOWSKI, PAVAO AND WIGGINS VOTING NO.
Mr. Karpinos noted that the
item would be carried over to the next regular business meeting.
Item 5b Traffic Calming
Noting that the proposed
Capital Improvements Program earmarked $20,000 for traffic calming, Mr. Horton
requested that the Council authorize the Town staff to move forward on traffic
calming related strategies.
Transportation Board Chair
Ruby Sinreich said she was pleased to see that traffic calming was coming to
the forefront of Town issues. Ms.
Sinreich expressed concern that interested advisory board members had not been
updated on the status of the Town’s proposed traffic calming projects. Ms. Sinreich said she looked forward to
helping with traffic calming projects in the future.
Council Member Brown said it
was important that traffic calming be viewed in conjunction with sidewalk and
bikeway planning.
Joe Carsanaro stated that
the proposed funding of $20,000 for traffic calming projects was insufficient
to solve the problem of cars speeding through the Town’s residential
neighborhoods. He urged the Council to
take a broader perspective in addressing general traffic safety related
concerns.
COUNCIL MEMBER FRANCK MOVED,
SECONDED BY COUNCIL MEMBER WIGGINS, TO ADOPT RESOLUTION 11. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
A RESOLUTION
DIRECTING THE TOWN MANAGER TO PREPARE A CATALOG OF TRAFFIC CALMING MEASURES,
AND A POLICY AND PROCEDURES FOR EVALUATING AND IMPLEMENTING TRAFFIC CALMING
MEASURES IN CHAPEL HILL (97-5-12/R-11))
WHEREAS, the Council of the Town of Chapel Hill has
expressed interest in and a desire to implement traffic calming measures in
Chapel Hill as a means to control vehicular speeding; and
WHEREAS, the Council realizes that many factors must
be considered in evaluating requested and/or suggested traffic calming measures
and locations; and
WHEREAS, it is the Council’s desire to be fair and
consistent in considering traffic calming proposals.
NOW, THEREFORE, BE IT RESOLVED by the Council of the
Town of Chapel Hill that the Council herewith directs the Town Manager to
prepare a catalog of traffic calming measures, and a policy and procedures for
evaluating and implementing traffic calming measures in Chapel Hill.
BE IT FURTHER RESOLVED that the Council directs the
Manager to report back in October 1997 with draft policy and evaluation
implementation documents for traffic calming in Chapel Hill.
This the 12th day of May, 1997.
Item 5c Traffic on Curtis Road
Mr. Horton said that staff
was proposing the adoption of an ordinance to install a four-way stop sign at
the intersection of Curtis, Lakeshore and Kensington Drives. Mayor Waldorf noted that staff had done a
detailed study of this one block area.
COUNCIL MEMBER FRANCK MOVED,
SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADOPT ORDINANCE 3.
Council Member Franck stated
that there was a sight distance problem at this intersection.
Council Member Chilton said
the existing corner was ambiguous and he therefore supported installation of
the proposed stop sign.
Noting that he resided in the area, Council Member Pavao said
he usually slowed down as he
reached this intersection.
Council Member Pavao expressed his support of the proposed
ordinance.
ORDINANCE 3 WAS ADOPTED
UNANIMOUSLY (8-0).
AN ORDINANCE
AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES
(97-5-12/O-3)
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 12th day
of May, 1997.
Mayor Waldorf stated that it was important that the
intersection be monitored and reactions to the stop signs be registered.
5d Task Force on History of
Town Government
Council Member Chilton read
a list of suggested members of the task force, noting that if Council Members
had any suggestions for additional members, the names could be forwarded to
Town staff or himself. Council Member
Chilton stated that the Task Force would be compiling a history of the Town’s
government, including all important people and events through the years.
COUNCIL MEMBER CHILTON
MOVED, SECONDED BY COUNCIL MEMBER FRANCK, TO ADOPT RESOLUTION 12, INCLUDING THE
APPOINTEES SUGGESTED BY COUNCIL MEMBER CHILTON. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
A RESOLUTION
ESTABLISHING A TASK FORCE ON THE HISTORY OF CHAPEL HILL’S TOWN GOVERNMENT
(97-5-12/R-12)
BE IT RESOLVED by the Council of the Town of Chapel
Hill that the Council hereby establishes a Task Force on the History of Chapel
Hill’s Town government.
BE IT FURTHER RESOLVED that the Council gives the
following charge to the Task Force:
1.
To
develop a report on key events in the history of the Town government.
2.
To
identify in the report the key leaders in the history of the Town government
and their achievements.
3.
To
recommend appropriate means of commemorating the history of Chapel Hill’s
municipal government and the key leaders over the Town.
4.
To
consult with and to collaborate with other community organizations in
developing a report and recommendations to the Council.
BE IT FURTHER RESOLVED that the Task Force shall
consist of the following citizens:
Ed Caldwell, Council Member
Mark Chilton, Rebecca Clark, Roland Giduz,
Henna Heishmann, Joe Herzenberg
and Nancy Preston
BE IT FURTHER RESOLVED that the Council encourages
additional interested citizens to volunteer their assistance to the Task Force.
This the 12th day of May, 1997.
Item 5e Whitfield Property
Mr. Horton indicated that
Mr. Whitfield had expressed his willingness to offer a “substantial” donation
to the Town. Mr. Horton stated that the
resolution before the Council this evening would authorize him to further
explore these possibilities with Mr. Whitfield.
Council Member Brown
requested that language be added to clarify the Town’s involvement in the
matter. Mr. Karpinos said the proposed
language was sufficient and insured that nothing could take place without the
Council’s approval. Council Member
Capowski inquired why the Town was considering the purchase of this land if the
Greenways and Parks and Recreation Commissions were not interested in this
parcel. Mayor Waldorf stated that the
Greenways and Parks and Recreation Commissions were interested in investigating
possible options relative to Mr. Whitfield’s offer.
COUNCIL MEMBER FRANCK MOVED,
SECONDED BY COUNCIL MEMBER PAVAO, TO ADOPT RESOLUTION 13a. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
A RESOLUTION AUTHORIZING THE MANAGER TO NEGOTIATE A POSSIBLE PURCHASE
AND/OR DONATION OF A 9.5 ACRE TRACT OF LAND OWNED BY HENRY WHITFIELD (97-5-12/R-13a)
WHEREAS, Mr. Henry Whitfield has
offered to sell to the Town 9.5 acres of land for the price of $185,000; and
WHEREAS, Mr. Whitfield has
subsequently offered to consider donating a portion of the property to the
Town; and
WHEREAS, the Town has interest in
acquiring this property for open space and greenways purposes;
NOW, THEREFORE, BE IT RESOLVED by
the Council of the Town of Chapel Hill that the Council hereby authorizes the
Town Manager to negotiate with Mr. Henry Whitfield for the purchase and/or
donation of a 9.5 acre tract located in
the Little Creek and Booker Creek floodplains.
BE IT FURTHER RESOLVED by the
Council that, if negotiations result in
a preliminary agreement beneficial to the Town, that the Manager is authorized
to order an appraisal of the Whitfield property and to make an Offer to
Purchase, for the Council’s consideration.
This the 12th day of
May, 1997.
Item 6 Appointments to Boards and Commissions
Council Member Chilton
requested that the Council make appointments to the Planning Board first this
evening.
Mayor Waldorf read from a
letter submitted by the Appearance Commission and Design Review Board
requesting that these appointments be deferred to May 27th.
COUNCIL MEMBER CHILTON
MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO TABLE APPOINTMENTS TO THE
APPEARANCE COMMISSION AND DESIGN REVIEW BOARD UNTIL MAY 27TH.
Council Member Franck
clarified that the Appearance Commission and Design Review Board had not
been combined and therefore needed to
be considered as two separate boards.
THE MOTION WAS ADOPTED
UNANIMOUSLY (8-0).
Noting that the Council’s
recent practice had been for appointments to the Planning Board and other
boards to be reviewed by a screening committee, Council Member Pavao moved that
Planning Board appointments be deferred pending such recommendations.
Council Member Brown said
she favored voting on appointments to the Planning Board this evening.
Council Member Wiggins
stated that she would vote tonight but needed some guidance. In that past few
days she reported that she had received calls from Council Members that had
influenced how she would vote.
APPOINTEES TO THE PLANNING
BOARD WERE JUNE DUNNICK (REAPPOINTMENT),
DAVID MC GRAIN AND ANAND PARIKH.
ORIGINAL VOTING BALLOTS ARE ON FILE IN THE TOWN CLERK’S OFFICE.
Item 7 Public Access
Programming
Public Access Advisory
Committee Chair Bob Joesting said that rapid changes in public access
technology and laws meant that policy considerations focused around goals and
processes, rather than hardware and operating rules. Mr. Joesting commended all of the Committee members for their
work and Assistant to the Manager Greg Feller for his staff support of the committee.
Council Member Capowski, the
Council’s liaison to the Public Access Committee, commended the group for its work and recommendations. He stated that the matter was now in the hands
of video producers who would need to recognize citizen needs by making sure
that the public had ample air time and a quality product.
COUNCIL MEMBER CAPOWSKI
MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO ADOPT RESOLUTION 14. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
A RESOLUTION
APPROVING AND AUTHORIZING THE MANAGER TO ISSUE A REQUEST FOR PROPOSALS FROM
NON-PROFIT GROUPS INTERESTED IN MANAGING PUBLIC ACCESS IN CHAPEL HILL
(97-5-12/R-14)
BE IT RESOLVED by the Council of the Town of Chapel
Hill that the Council approves, and authorizes the Manager to issue on behalf
of the Town the request for proposals as submitted by the Public Access
Advisory Committee and with such changes as the Council may have made in the
document tonight or may direct the
Manager to make.
BE IT FURTHER RESOLVED that the Manager is
authorized to make non-substantive changes including addition of specific dates
in the proposed timetable for receiving and considering proposals consistent
with the Council’s action and direction.
This the 12th day
of May, 1997.
Item 8 Proposed Energy
Conservation Ordinance
Council Member Brown
expressed her appreciation for, and support of, the Citizen’s Energy Task Force
efforts. Noting that she was proposing
a few amendments to the ordinance, Council Member Brown stated that the ordinance
proposed by the Task Force had the
“teeth” necessary to ensure energy efficiency in buildings in the
Town. Mr. Horton said he was
recommending Council adoption of a resolution, rather than ordinance.
Mr. Dodd expressed his
disagreement with Mr. Horton’s
recommendation, stating that the proposed ordinance would make the strongest
possible statement about the importance of having energy efficient buildings in
the Town.
Arnie Katz stated that the
biggest environmental impact of a building was its level of energy
consumption. He added that the proposed
ordinance would place a greater on energy conservation efforts.
Council Member Capowski
inquired whether there was any way to
determine the expected life of a building.
Mr. Horton said that it was possible make such a determination. Council Member Capowski requested a
clarification of the provision “subject to the fiscal constraints as set by the
Council.” Mr. Horton said that the
Council established certain financial limits and builders would be required to
work within this realm.
Mayor Waldorf inquired
whether or not the Council would be more constrained by an ordinance than a
resolution since the ordinances had the force of law, while resolutions served
more as guidelines. Mr. Horton said that
this would depend upon the wording of the particular ordinance in
question. Mr. Karpinos said it was his
opinion that the proposed energy ordinance appeared to be more like a policy to guide decisionmaking,
rather than setting a rule of law or required standard. Mr. Horton stated that the language in the
proposed resolution and proposed ordinance was very similar.
Council Member Capowski said
it was important to keep the matter as simple as possible.
Kevin Foy, representing the
Sierra Club, expressed his support for the proposed ordinance. Mr. Foy said that the proposed
ordinance could be structured to be
sufficiently stringent while maintaining a certain degree of flexibility when
needed.
Referencing the ordinance
provision regarding the maintenance of a list of architects, Mayor Waldorf
inquired whether or not this provision might cost more than its actual
worth. Council Member Brown noted that
this language was the same in the proposed ordinance and resolution. Mr. Horton said it was the Council’s choice
of how to set this policy.
Council Member Capowski
inquired about the estimated cost impact of this policy on a project such as
the proposed Hargraves Community Center.
Mr. Horton said although he could not give a specific figure, he believed
that the cost impact would have been minimal since the standards would have
been very similar.
Council Member Chilton
suggested changing the proposed ordinance language by adding a clause “or
assigning similar responsibilities to the Town’s Project Manager.”
COUNCIL MEMBER CHILTON MOVED,
SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT ORDINANCE 4 AS AMENDED.
Questioning the need for the
Energy Task Force to be continued after the initial ordinance was adopted,
Council Member Franck suggested changing the proposed ordinance in this
regard. Council Member Brown urged the
Council to leave this language in place.
Council Member Brown expressed her willingness to revisit this matter in
the future.
Council Member Chilton
suggested clearer language that would delete the first two sentences of the
paragraph in referenced by Council Member Franck and end with the clause, “a
recognized energy professional.” He
suggested that the Council could later specify the individual recognized energy
professional. Council Member Brown
suggested that a list of qualified energy professionals could be updated
annually.
Council Member Franck
expressed concern that language in section 510 was no longer consistent unless
the language was modified so it was clear that there was a choice on the part
of the Manager as to whether he would require monitoring by the project
architect or manager.
Council Member Capowski
inquired about the meaning of the term “renewable energy”. Mr. Katz said that renewable energy could
refer to solar, wood or wind power. He
noted that the latter two options were not really viable in the Town.
Council Member Brown
expressed concern that too much “whittling” of the ordinance would make it much
less effective. Stating that the
proposed ordinance contained a number of very positive provisions, Council
Member Brown said she hoped that the Council could see the long-range benefits
of adopting the ordinance.
Expressing her support for
the proposed ordinance, Council Member Andresen said the ordinance could be
amended the Council in the future, if desired.
Council Member Capowski said
it was important to remain flexible so that the ordinance did not create a
situation in which the Council could be forced to cut back or completely deny a
facility due to energy standard and costs considerations.
Council Member Franck said
the matter before the Council was not a matter of long versus short term, but
whether or not it was worthwhile to pay the architect to stay on when staff was
capable of monitoring the process.
Council Member Brown said she believed that the cost of maintaining the
architect would be less than the benefits received by the Town.
ORDINANCE 4, AS AMENDED, WAS
ADOPTED UNANIMOUSLY (8-0).
AN ORDINANCE
AMENDING THE TOWN CODE (ENERGY CONSERVATION IN DESIGN AND CONSTRUCTION OF NEW AND
RENOVATED TOWN BUILDINGS)
(97-5-12/O-4)
BE IT ORDAINED by the Town Council of Chapel Hill
that the Council hereby amends the Town Code by adding a new Article VII.
ENERGY CONSERVATION IN DESIGN AND CONSTRUCTION OF NEW AND RENOVATED TOWN
BUILDINGS to Chapter 5. Buildings and
building regulAtions, to read as follows:
ARTICLE VII.
ENERGY CONSERVATION IN
DESIGN AND
CONSTRUCTION OF NEW AND RENOVATED
TOWN BUILDINGS
Sec.
5-107. Intent
It is the intent of the
Council to comply with the applicable provisions of G.S. Chapter 143, Article 3B, Energy Conservation In Public
Facilities; and to ensure that buildings built or substantially renovated
by the Town of Chapel Hill are built in the most environmentally sound way.
The Comprehensive Plan for
the Town of Chapel Hill says that, “The
Town shall encourage site planning, landscaping, and structure design which
maximizes the potential for energy conservation by reducing the demand for
artificial heating, cooling, ventilation and lighting, and facilitating the use
of solar and other energy resources.”
It is the intent of the
Council to provide the citizens and employees of the Town of Chapel Hill with
new and renovated buildings which will give the optimum comfort, ensure the
durability of investments for the taxpayer, consider the health of building occupants and provide the greatest
awareness possible of the environmental impacts of what we do.
Sec. 5-108.
Energy Conservation Goals in
Building Design.
Any buildings built with
Town funds shall be designed to achieve a goal of using at least 30% less
energy than required by the North Carolina State Building Codes in effect as of
February 1, 1997, as long as the estimated energy savings exceed the marginal
cost of the energy saving features over the expected life of the building and
subject to fiscal constraints established by the Council. In order to avoid increased cost of
operation, care shall be taken to avoid complex systems that would require
extensive technical training of personnel.
Acceptable methods for energy use analysis can be found in Energy
Efficient County Facilities For Wake County. A copy of this document is on file and available for loan from
the Internal Services Division, Chapel Hill Public Works Department.
Sec.
5-109. Qualification of Architects.
In order to be selected to
design a Town building, an architect has to demonstrate that the architectural
firm has previously designed a building using some or all of the techniques
listed herein. The architect chosen for
any building must incorporate the conditions of this article in the building
design or show justification why not.
To help ensure compliance
with this article, at least one member of each architectural selection review panel shall be a recognized energy
professional. The Citizens’ Energy Task
Force shall maintain a list, updated annually, of qualified volunteer energy
professionals including of brief summary of their qualifications and
experience. For projects where the
estimated cost of architectural and engineering services is less that $30,000,
the manager is authorized to select a panel member from the list. For projects where the estimated cost of
architectural and engineering services is $30,000 or more, the Manager shall
solicit a nomination from the Citizen’s Energy Task Force to identify the
selection panel member.
Sec.
5-110. Energy Performance Monitoring
and Reporting.
For major construction
projects or substantial renovations of existing buildings (construction costs
of $200,000 or more and/or architectural fees of $30,000 or more) the Town
shall require either the architect or the staff project manager to monitor the
energy performance of the building and assist the staff in optimizing energy
use of the building during the first year.
Twelve months after completion of the project, the architect shall be
required to prepare a written report on the performance of the building in
relation to the requirements of this article and to present their report to the
Council at a regularly scheduled business meeting. The Town Manager may either require these services of the
architect or assign similar responsibilities to the staff project manager.
The Town
Manager’s annual report to Council will include a section reporting the energy
consumption performance of each Town building.
Sec.
5-111. Use of Energy Efficient
Technologies in Town Buildings.
Energy saving features,
including but not limited to the following, shall be considered for new Town
buildings and major renovations of existing buildings. Design documents shall include an
explanation of how the features listed below are incorporated into the design
or, for those features not incorporated, an explanation of the financial or
operational reasons why the feature was omitted from the design.
a.
Solar
orientation, with the long axis facing south
b.
Use
of daylighting
c.
Use
of appropriate glass for minimizing heating and cooling loads
d.
Insulation
beyond minimum standards
e.
Use
of renewable energy for heating and cooling
f.
Use
of renewable energy for heating and swimming pools
g.
Use
of water conservation measures including dual water systems if available
h.
Landscaping
for summer cooling effect and for blocking winter winds
i.
Use
of energy efficient motors
j.
Use
of energy efficient lighting
k.
Use
of energy management systems
l.
Parking
areas designed to limit heat absorption
m. Use of building materials and color to decrease
cooling load
This the 12th day of May, 1997.
Item 9 Sidewalk and Bicycle
Plan
Planning Director Roger
Waldon briefly reviewed the proposed bicycle and sidewalk plan. He stated that
funding was very limited compared to needs and requests for sidewalks and
bikeways. Mr. Waldon stated that the
Manager recommended adoption of Resolution 16. Art Dodd said he was disappointed
about the proposed limits of sidewalk construction along Weaver Dairy
Road. He also expressed concern that
the Weaver Dairy Road sidewalk project had dropped from priority number six on
the 1995 list to number forty-one on the current list. Mr. Dodd requested that the Council consider
placing sidewalks on Weaver Dairy Road between Silo Drive and East Chapel Hill
High School higher on the proposed priority list.
Dorcas Roberson urged the
Council to fund sidewalks along Graham Street.
Council Member Franck said
that he approved of the points and rating system that had accompanied this
year’s priority list and hoped that it would be used for developing future
lists. However, Council Member Franck
also said he thought that sidewalks along Rosemary Street should probably be
higher than priority number twenty.
Council Member Franck noted that he had hoped that sidewalks along
Legion Road would go from Ephesus
Church Road to Scarlette Drive, rather than Martin Luther King Drive.
Noting that she generally
approved of the proposed rankings for
bikeway and sidewalk projects, Council Member Wiggins said she had some real
concerns about the criteria utilized. Council Member Wiggins said she hoped
that the Council would have more input in the rankings and was troubled not to
see citizen input as one of the rating criteria. Noting that the Council did not have a firm policy regarding
ranking criteria, Mr. Horton said staff had developed the priority list as a
means of getting Council guidance on the priority listing.
Council Member Capowski
inquired why there was no separate bike paths priority listing. Mr. Horton said
it was assumed that many of the proposed sidewalks would also serve as bike
paths. Council Member Capowski inquired whether funding was available for additional
bike path projects. Mr. Horton said
that the agenda item reflected all current funding for bike paths and
sidewalks.
Council Member Andresen
concurred with Council Member Wiggins’ observation that citizen requests should
be used as a criteria for establishing priorities.
Mayor Waldorf inquired
whether or not it was correct that there would be no additional funding for
sidewalks if the proposed resolution were adopted this evening. Mr. Horton said that this was correct,
unless the Council wished to allocate additional funds.
Noting that the Council
would be holding a public hearing on the proposed budget on Wednesday evening,
Council Member Brown suggested that it would be a good idea for the Council to
wait to hear from the public on the
matter. Mayor Waldorf inquired
why the matter was before the Council this evening, rather than sometime in the
future. Mr. Horton said that the
Council had requested staff follow-up as soon as possible.
Council Member Chilton
suggested that the Council approve the sidewalk projects for Piney Mountain
Road., Weaver Dairy Road and Rosemary Street, since the Council had previously
committed to these projects. He
suggested that the Council consider the remaining projects on the basis of
citizen comments and staff information.
Council Member Brown
inquired about the nature of the Willow Drive project. Mr. Horton said that portions of Willow
Drive had been temporarily repaired so that busses could use the street. He stated that staff was attempting to
coordinate all the work in the area in order to
minimize disruption and
expenses.
Council Member Capowski
urged the Council to make bicycle paths on major thoroughfares a priority
issue.
COUNCIL MEMBER CHILTON
MOVED, SECONDED BY COUNCIL MEMBER FRANCK, TO ADOPT RESOLUTION 16. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
A RESOLUTION DIRECTING THAT TOWN FUNDS BE USED TO CONSTRUCT WEAVER
DAIRY ROAD, PINEY MOUNTAIN ROAD, WILLOW DRIVE, AND PORTIONS OF ROSEMARY STREET
SIDEWALK PROJECTS (97-5-12/R-16)
WHEREAS, the Council of the Town of Chapel Hill has
proposed $50,000 in the Capital Improvements Program for pedestrian projects in
the 1997-98 fiscal year; and
WHEREAS, the Council of the Town of Chapel Hill has
proposed $200,000 in 1996 Bond funds to be used for sidewalk and bicycle
projects during the next two fiscal years;
WHEREAS, the Council of the Town of Chapel Hill has
reviewed projects for possible use of these funds.
NOW, THEREFORE, BE IT RESOLVED by the Council of the
Town of Chapel Hill that 1997-98 Capital Improvements Program funds and the
first allocation of 1996 Bond funds be used to construct the following
pedestrian sidewalk projects:
·
Weaver
Dairy Road, sidewalk between Chesley development and Mayberry Court.
·
Piney
Mountain Road, sidewalk between Louis Armstrong Court and Emily Road;
·
Willow
Drive, sidewalk between Fordham Boulevard and bridge;
·
Portions
of Rosemary Street, sidewalk between Merritt Mill Road and Henderson Street;
And to design:
·
High
School Road, sidewalk between Homestead Road and Seawell School Road.
This the 12th day of May, 1997.
Mayor Waldorf inquired
whether or not it was correct that funding for a sidewalk on Weaver Dairy Road
to Sedgefield Drive had been approved.
Mr. Horton said that money for this project had been reallocated based
on the Council’s guidance and the staff’s ranking system.
Council Member Wiggins
reiterated her desire to see more Council input in the sidewalk ranking system
in future budget discussions.
Item 10 Transit Overlay Zones
Mr. Horton said he recommended that the Council allocate
$8,000 to proceed with the development of transit overlay zones as recommended
by the Transportation Board.
Triangle Transit Authority
Board Member Rachel Willis reported that the Triangle Railfest held on April 15th
in Carrboro had been an unqualified success, with 1,800 people riding an
experimental train during a four hour period.
Stating that the viability of a light rail system was largely tied to
higher densities being concentrated near rail centers, Ms. Willis urged the
Council to move ahead with the adoption of transit overlay zones.
Transportation Board Member
Ruby Sinreich expressed her concurrence with Ms. Willis’ remarks. Stating that community education would
continue relative to reducing the use of single-occupant vehicles, Ms. Sinreich
asked the Council to adopt the resolution before them this evening.
Transportation Board Member
Michelle Minstrel said that there were two ways to change personal habits, one
of which was to change the structure so that the particular habit, of necessity,
changed. She stated that the first
structural change the Council could make would be to cluster commercial
development in order to encourage pedestrian and bicycle use.
Ms. Minstrel also said that
putting a parking lot between streets and sidewalks meant that pedestrians
walking along the sidewalk were not as likely to go into these businesses. Ms. Minstrel also expressed her support of
mixed-use zoning since it would permit citizens to handle a number of matters
in one place, rather than driving to different parts of the Town.
COUNCIL MEMBER CHILTON
MOVED, SECONDED BY COUNCIL MEMBER FRANCK, TO ADOPT RESOLUTION 17.
Responding to Ms. Willis’
earlier remarks, Council Member Capowski said that having higher densities
around node did not always prevent urban sprawl. Referencing Ms. Minstrel’s remarks, Council Member Capowski said
there was a need for a structural change such as upzoning in the Town Center
area and downzoning of peripheral areas.
Responding to Mayor
Waldorf’s concern about rising densities, Council Member Franck said he did not
see that overall densities were rising.
He stated that through careful lowering of some densities and raising of
others, the overall density would remain about the same.
Mayor Pro-tem Brown stated
that whatever was done needed to be done in conjunction with the Triangle
Transit Authority.
Council Member Andresen said
although she generally supported the concept of transit overlay zones, she also
believed that there were a few pitfalls. Council Member Andresen questioned the
feasibility of new rails and pointed out that the only rails in existence now
traveled to Virginia rather than the Research Triangle Park. Council Member Andresen also said it was
important to carefully examine policies such as locating buildings next to
roadways. Council Member Andresen the
Council could proceed with transit overlay zones on a pilot project basis,
making adjustments in the future, as needed.
RESOLUTION 17 WAS ADOPTED
UNANIMOUSLY (8-0).
A RESOLUTION
AUTHORIZING PREPARATION OF A TRANSIT CORRIDOR OVERLAY ZONE DISTRICT
(97-5-12/R-17)
WHEREAS, the Council of the Town of Chapel Hill has
a goal in the Town’s Comprehensive Plan of developing a comprehensive
transportation system that will enhance the mobility of all citizens by
offering a variety of transportation options and reducing dependence on the
automobile;
NOW, THEREFORE BE IT RESOLVED by the Council of the
Town of Chapel Hill that the Council authorizes the Manager to prepare a draft
Transit Corridor Overlay Zoning District proposal, for submission to the Town
Council by November, 1997.
This the 12th day of May, 1997
Council Member Andresen
inquired about the possibility of the Council receiving a follow-up report on
the matter by September, using the services of a summer intern in the Planning
Department. Mr. Horton said he recommended
that a professional transit planner prepare the report, with the report coming
back to the Council by November.
COUNCIL MEMBER FRANCK MOVED,
SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT ORDINANCE 5. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
AN ORDINANCE
TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE
FOR THE FISCAL YEAR BEGINNING JULY 1, 1996” (5-12-97/O-5)
BE IT ORDAINED by the Council of the Town of Chapel
Hill that the Budget ordinance entitled “An Ordinance Concerning Appropriations
and the Raising of Revenue for the Fiscal Year Beginning July 1, 1996” as duly
adopted on June 10, 1996 be and the same is hereby amended as follows:
ARTICLE I
Center Revised
APPROPRIATIONS Budget Increase Decrease Budget
GENERAL FUND
Non-Departmental
Contingency 8,419 8,400 19
Planning 762,228 8,400 770,628
This the 12th day of May,
1997.
Item 11 Establishment of Charge
for Sustainability Task Force
Cal Horton briefly
introduced the item to say that there were many options and those options were
stated in the resolution.
Council Member Brown
requested that the Council authorize Council Member Pavao and herself to
develop a charge for a task force on sustainability matters.
COUNCIL MEMBER BROWN MOVED,
SECONDED BY COUNCIL MEMBER ANDRESEN, FOR COUNCIL MEMBERS PAVAO AND BROWN TO
DEVELOP AND BRING BACK TO THE COUNCIL A PROPOSED CHARGE FOR A COMITTEE ON
SUSTAINABILITY MATTERS. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
Item 12 Transit Funding
Council Member Brown said
that the resolution before the Council would support the ISTEA Act allowing for
local governments to have more flexibility regarding spending and control at
the local level to transit projects.
COUNCIL MEMBER BROWN MOVED,
SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 18. THE MOTION WAS
ADOPTED UNANIMOUSLY (8-0).
A RESOLUTION
APPROVING A LETTER TO THE NORTH CAROLINA CONGRESSIONAL DELEGATION AND SENATORS
REGARDING FEDERAL TRANSPORTATION LEGISLATION (97-5-12/R-18)
BE IT RESOLVED by the Council of the Town of Chapel
Hill that the Council:
1.
supports
the proposed Highway Trust Fund Fairness Act, which would reduce the inequity
between donor and donee states in distribution of federal gasoline taxes and
reauthorize the Intermodal Surface Transportation Efficiency Act (ISTEA).
2.
opposes
the proposal to allow State governments to unilaterally transfer 50% of ISTEA
funds from the Congestion Mitigation and Air Quality (CMAQC)
and Enhancement programs to other ISTEA
programs such as highway construction.
BE IT FURTHER RESOLVED that the Council approves the
following letter to be provided to the NC Congressional delegation and Senators
under the names of each of the Council Members who vote to approve this
resolution.
This the 12th day
of May, 1997.
Mayor Waldorf noted that she
would be sending a copy of the letter to all the Mayors of the transit cities
and would also bring it to the Transportation Advisory Committee meeting on
Wednesday, May 14th.
Council Member Franck
suggested that all Council Members sign the letter.
Item 4n Letter from Bruce
Ballentine
Council Member Andresen said
that she was concerned about this particular item due to the staff review which
stated that there were many departures from ordinance standards and other
unusual circumstances. Mr. Horton noted
that the proposed resolution would direct the Manager and Town staff to
evaluate the proposal and identify conflicts with existing ordinances.
COUNCIL MEMBER ANDRESEN
MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT RESOLUTION 10.3. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
A RESOLUTION
AUTHORIZING THE MANAGER TO REPORT TO THE COUNCIL ON THE POTENTIAL CHANGES TO
THE SUBDIVISION ORDINANCE NEEDED TO ACCOMMODATE A POTENTIAL SUBDIVISION (97-5-12/R-10.3)
WHEREAS, Bruce Ballentine has suggested exploring
the possibility of allowing an exception to the subdivision regulations to
permit subdivision of the Nunn tract; and
WHEREAS, the Council wishes to know what amendments
to the subdivision ordinance would be needed to accommodate a subdivision of
the Nunn tract, and what the broader implications of such changes would be,
NOW, THREFORE, BE IT RESOLVED by the Council of the
Town of Chapel Hill that the Manager is authorized to explore the amendments
that might be needed to accommodate a subdivision of the 10 acre Nunn property.
This is the 12th day of May, 1997.
COUNCIL MEMBER CHILTON
MOVED, SECONDED BY COUNCIL MEMBER FRANCK, FOR THE COUNCIL TO GO INTO CLOSED
SESSION TO DISCUSS LITIGATION MATTERS.
THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
A copy of the public report
from the closed session is attached.
The meeting concluded at
10:08 p.m.