SUMMARY OF A REGULAR MEETING OF THE CHAPEL HILL TOWN COUNCIL, TUESDAY, MAY 27, 1997 AT 7:00 P.M.

 

Mayor Waldorf called the meeting to order.  Council Members in attendance were Joyce Brown, Joe Capowski, Mark Chilton, Pat Evans, Richard Franck and Edith Wiggins.  Council Members Julie Andresen and Lee Pavao were 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.

 

Council Member Chilton read a resolution honoring the life and service of Richard K. Sharpless, former Assistant to the Town Attorney.  Town Attorney Ralph Karpinos noted that Mr. Sharpless had assisted him with a number of significant cases, including the Cheek, Wallace and Batch cases.

 

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT A RESOLUTION HONORING MR. SHARPLESS’ LIFE AND SERVICE.  THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

 

A RESOLUTION HONORING THE LATE RICHARD K. SHARPLESS

FOR HIS SERVICE TO THE CHAPEL HILL COMMUNITY

 

WHEREAS    Richard K. (Dick) Sharpless had a distinguished career as a public servant and as an attorney before coming to our community, having served   as

 

the Deputy Attorney General and then Attorney General of the Territory of Hawaii, and as

 

the Managing Director (City Manager) and Corporation Counsel (City and County Attorney) of the City and County of Honolulu; and

 

WHEREAS    Mr. Sharpless retired in 1981 to the Chapel Hill community, where he

 

held numerous responsibilities and leadership positions in the Chamber of Commerce,

 

helped begin the local chapter of the Senior Corps of Retired Executives (SCORE),

 

was a Director of the Public School Foundation and of the Village Companies Foundation,

 

served on the Orange County Economic Development Commission, and

 

participated actively in the work and leadership of the United Way; and

 

WHEREAS    Mr. Sharpless worked with distinction as Assistant to the Town Attorney from 1984 to 1993; and

 

WHEREAS    Mr. Sharpless received the Senior Citizen of the Year Award in 1985 from the Chamber of Commerce and the Jaycees; and

 

WHEREAS    Mr. Sharpless was well loved for his sense of humor, his gentlemanly courtesy to all and his  wise counsel and insight;

 

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Town Council of Chapel Hill that the Council hereby honors the life and service of

 

RICHARD K. SHARPLESS

 

and directs that this resolution be spread upon the minutes of the Council.

 

This the 27th day of  May, 1997.

 

PETITIONS

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, TO RECEIVE AND REFER A PETITION FROM ANTOINE PEUCH REGARDING TEMPORARY PARKING RESTRICTIONS. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

 

Council Member Brown read a petition from Mr. Art Dodd asking that the Town assign a high priority to installing a sidewalk along Weaver Dairy Road, especially between Chesley and Sedgefield Drive.  Council Member Brown added that Mr. Dodd had expressed concern for the safety of  pedestrians along Weaver Dairy Road, including the residents of the Carol Woods community.

 

MOTION TO RECEIVE AND REFER THIS PETITION WAS MADE BY MAYOR PRO-TEM BROWN AND SECONDED BY COUNCIL MEMBER CAPOWSKI. MOTION PASSED UNANIMOUSLY (7-0).

 

Kevin Foy requested that the Council take immediate action to reconsider the Council’s earlier decision not to appeal the recent court decision regarding the proposed Estates development.

 

Mr. Foy stated the Estates-related court order indicated the need to correct flaws in the Town’s Comprehensive Plan and Development Ordinance as a means of protecting the interests of Town residents.  He also said that a failure to appeal would undermine the Council’s authority and lead to confusion about the weight of sworn testimony.  Mr. Foy urged the Council to appeal the Estates decision by the deadline of  June 6th.

 

Noting  that the deadline for filing an appeal was June 9th, Mayor Waldorf stated that the Council’s decision not to appeal was predicated on the presumption that the court order would be changed to eliminate any reference to the Comprehensive Plan clause or the health and safety provisions of the Development Ordinance.   Council Member Brown asked whether or not it was possible that the presiding judge might choose not to remove this language.  Mr. Karpinos said that this was possible. 

 

Council Member Capowski inquired why the judge might choose to remove the language in question now, since the court had previously chosen not to do so.  Mr. Karpinos said he was not sure that the judge would choose to remove language pertaining to the Comprehensive Plan and Development Ordinance.  Mr. Karpinos added that if the judge chose not to remove the language,

he understood that his charge from the Council was to appeal the court’s decision.

 

Mayor Waldorf inquired whether there were any Council Members on the prevailing side of the issue who would like to move for reconsideration of the Council’s decision.  Hearing no desire for reconsideration, Mayor Waldorf suggested that the Council meet in closed session after the regular business meeting to discuss the Council’s options in the matter.

 

Victor Friedman, President of the Alliance for Neighborhoods, said that the Alliance supported the petition to reconsider appealing the Estates court ruling.  Mr. Friedmann expressed concern that the court’s ruling was an open invitation for developers to test alleged faults in the Town’s Comprehensive Plan and Development Ordinance.

 

James Manning expressed concern at the recent court decision to reverse the Council’s action regarding the proposed Estates development.  Stating that the reversal decision was made by one individual, Mr. Manning urged the Council to seek a second opinion by appealing the court’s decision.  Mr. Manning said that choosing not to appeal the decision would deal a severe blow to the Council’s ability to direct growth in the Town.

 

Kim LeMasters requested that the Council authorize the inclusion of batting cages in the proposed Northern Community Park.  She stated that young people needing to use batting cages for practice currently had to commute quite some distance and spend a good amount of money  to access these facilities.

 

Dorcas Roberson read the following poem, entitled “City Councilmen” which she had written in the Council’s honor:

 

Your  work is surely cut out for you

I know sometimes you are in dilemma as to what you have to do

What with issues to vote on and meetings to attend

You must be wondering sometimes when will it ever end.

Rest assured and know in your heart of hearts

A goal worth accomplishing is a goal that’s worth a start.

I hope all of you are able to look in the mirror and honestly say

You truly have done your part.

 

Ms. Roberson thanked the Mayor and Council Members for their ongoing efforts.

 

Philip Goodman said he had called each of the Council Members to request that the Council appeal the judge’s ruling to overturn the Council’s decision on the Estates development.  Urging the Council to appeal the judge’s ruling, Mr. Goodman said it was likely that another developer would test some provisions of the Town’s Comprehensive Plan and Development Ordinance.

 

Noting that two Council Members were absent this evening, Mayor Waldorf suggested that item #9 be carried over to a future meeting.   She also requested that the Council reserve five minutes at the end of the meeting to discuss continuation of  the Council’s budget work session.   There was Council concurrence on both items.

 

Citing new information which might restrict the Council’s actions on the matter,  Mr.  Horton

requested that item #8 be removed from this evening’s agenda.  There was Council concurrence with this recommendation.

 

Item 4.1  Consent Agenda

 

Council Member Capowski removed item g.  Council Member Franck removed item i. Council Member Evans requested deletion of  the two words “roll out”  from page five of  the minutes of April 30th.

 

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI,  TO ADOPT THE CONSENT AGENDA, EXCEPTING ITEMS G AND I.  THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

 

A RESOLUTION ADOPTING MINUTES AND VARIOUS RESOLUTIONS AND ORDINANCES  (97-5-27/R-1)

 

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

 

a.       Minutes of April 23 and 30.

b.      Nominations to the Housing and Community Development Advisory Board, Personnel Appeals Committee and Public Arts Commission.

c.       Budget amendment for settling library construction lawsuit (O-1).

d.     Street maintenance contracts

(1)   asphalt supply (R-2).

(2)   street surface sealer (R-3).

(3)   resurfacing (R-4).

e.       Deleted.

f.        Appointment of Mayor Pro tem as the Council’s representative on the Cape Fear River Assembly Board of Directors (R-7).

g.       Follow up on report on coordination of Recreation and Parks Services (R-8).

h.       Accepting a bid for patrol car video systems (R-9).

i.         Response to petition of 5/12/97 regarding proposed Presque Isle development (R-9.1).

 

This the 27th day of May, 1997.

AN ORDINANCE TO AMEND THE CAPITAL PROJECT ORDINANCE FOR LIBRARY FACILITIES (97-5-27/O-1a)

 

BE IT ORDAINED by the Council of the Town of Chapel Hill that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, that the Capital Project Ordinance established for the Library facility in 1986 and amended in 1991 is hereby amended as follows:

 

SECTION I

 

The capital project, as authorized by bond referendum approved on November 4, 1986, includes the capital costs of providing Library facilities, including the acquisition of land and the construction, reconstruction and renovation of a building or buildings and equipment required therefore.

 

SECTION II

 

The Manager of the Town of Chapel Hill is hereby directed to proceed with the implementation of the project within the terms of the bond authorization, and within the funds appropriated herein.

 

SECTION III

 

Revenues anticipated to be available to the Town to complete the project are amended as follows:

 

REVENUES                                Current Project Budget                     Revised Budget

 

Library Bonds                                       $ 4,000, 000                                  $ 4,000,000

LSCA Grants                                                 63,000                                          63,000

Love Capital                                                 877,069                                        877,069

Library Gift Funds                                        241,065                                        417,221

Interest on Bonds                                         292,266                                        292,266

Capital Reserve Fund                                              0                                          12,844

 

     TOTAL                                             $ 5,473,400                                  $ 5,662,400

 

SECTION IV

 

Amounts appropriated for the project are amended as follows:

 

EXPENDITURES                      Current Project Budget                     Revised Budget

 

Land                                                  $     756,000                                    $     756,000

Construction                                           2,727,400                                        2,916,400

Design                                                       455,000                                           455,000

Const./Cont. Services                                  92,100                                             92,100

Printing                                                        10,000                                             10,000

Automation                                                435,000                                           435,000

Collection Dev.                                          250,000                                           250,000

Furniture/Equipment                                   360,000                                           360,000

Contingency                                              387,900                                           387,900

 

     TOTAL                                      $     5,473,400                                 $     5,662,400

 

SECTION V

 

The Manager is directed to report annually on the financial status of the project in an informational section to be included in the Annual Budget. The Manager shall also keep the Council informed of any unusual occurrences.

 

SECTION VI

 

Copies of this project ordinance shall be entered into the minutes of the Council and copies shall be filed within five (5) days of adoption with the Manager, Finance Director and Town Clerk.

 

This the 27th 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” (97-5-27/O-1b)

 

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

 

                                                Current                                                    Revised

APPROPRIATIONS               Budget             Increase           Decrease             Budget

 

LIBRARY GIFT FUND

    Transfer to Library

    Capital Project Fund      0                 176,156                                     176,156

 

CAPITAL RESERVE

FUND

    Transfer to Library

    Capital Project Fund      0                 12,844                                       12,844

 

ARTICLE II

 

REVENUES

 

LIBRARY GIFT FUND

    Love Trust Income                    0                 52,000                                          52,000

    Fund Balance                            0               124,156                                        124,156

 

CAPITAL RESERVE

FUND            

    Fund Balance                            0               124,844                                        12,844

 

 

This the 27th day of May, 1997.

 

A RESOLUTION ACCEPTING BID FOR EMULSIFIED SLURRY SEAL (97-5-27/R-2)

 

WHEREAS, the Town of Chapel Hill has solicited formal bids by legal notice in The Chapel Hill News/Village Advocate Classified on April 20, 1997, in accordance with General Statute 143-129 for Emulsified Asphalt Slurry Seal; and

 

WHEREAS, the following bid was received and opened on May 14, 1997:

 

            VENDOR                                PRICE PER                 TOTAL PRICE

                                                            SQ. YARD

                                                            (50,000)

           

Slurry Pavers, Inc.                                $.84/sq. yd.                        $42,000

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town accept the bid of Slurry Pavers, Inc., in the amount of $42,000 in response to the Town’s request for bids published April 20, 1997, and opened May 14, 1997, in accordance with G. S. 143-129.

 

This the 27th day of May, 1997.

 

A RESOLUTION AWARDING A CONTRACT FOR ASPHALTIC CONCRETE AND TACK COAT (97-5-27/R-3)

 

WHEREAS, the Town of Chapel Hill has solicited formal bids by legal notice in The Chapel Hill News/Village Advocate on April 23, 1997, in accordance with G.S. 143-129 for Asphaltic Concrete and Tack Coat for street patching; and

 

WHEREAS, the following bids have been received and opened on May 13, 1997, at 2:00 p.m.

 

            ITEM                          Lee Paving Co.                       Nello Teer Co.                      

 

            Asphalt I-2                   $26.00/Ton                              $29.50/Ton     

 

            Asphalt HB                  $26.00/Ton                              $26.00/Ton

 

            Asphalt HDB               $26.00/Ton                              $29.50/Ton

 

            Asphalt H                     $26.00/Ton                              $28.00/Ton

 

            Tack Coat                    $2.00/Gal.                                $2.00/Gal.                   

 

            Total                            $62,000.00                             $67,100.00                 

 

WHEREAS, the additional cost to the Town caused by the difference in distance between Lee Paving Company plant and the Nello L. Teer plant are estimated to be approximately $6,415.20; and

 

WHEREAS, the year around availability of hot-mix asphalt is important to the Town's ability to maintain it's system;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town accepts the bid of Nello L. Teer in the amount stated above in the tabulation.

 

This the 27th day of May, 1997.

 

A RESOLUTION AWARDING A CONTRACT FOR RESURFACING OF STREETS

(97-5-27/R-4)

 

WHEREAS, the Town of Chapel Hill has solicited formal bids by legal notice in The Chapel Hill News/Village Advocate on April 20, 1997, in accordance with G.S. 143-129 for the resurfacing of streets; and

 

WHEREAS, the following bids were received, opened and publicly read on May 8, 1996:

 

                                           I-2 Asphalt            Bituminous                    Grand

            Vendor          Total               Concrete Total                 Total

                                               

Lee Paving Company      $244,406.25               5,000.00               $249,406.25

Blythe Industries              266,625.00                4,750.00                 271,375.00

Riley Paving                     239,962.50               2,100.00                 242,062.50

 

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council accepts the May 13, 1997, bid of Riley Paving Company as adjusted for street resurfacing in the amount of $210,150 received in response to the Town's request for bids published on April 20, 1997, and opened on May 13, 1997, in accord with G.S. 143-129.

 

BE IT FURTHER RESOLVED that the Manager is authorized to execute a contract with Riley Paving Company in the amount of $210,150 and to initiate and sign change orders to the contract, provided that the contracted cost of resurfacing shall remain within the budget.

 

This the 27th day of May, 1997.

 

A RESOLUTION APPOINTING A REPRESENTATIVE OF THE CHAPEL HILL TOWN COUNCIL TO THE CAPE FEAR RIVER ASSEMBLY (97-5-27/R-7)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby appoints Joyce Brown, Mayor pro tem, to represent the Council on the Cape Fear River Assembly.

 

This the 27th day of May, 1997.

 

A RESOLUTION ACCEPTING BID FOR PATROL CAR VIDEO SYSTEMS

 (97-5-27/R-9)

 

WHEREAS, the Town of Chapel Hill has solicited formal bids by legal notice in The Chapel Hill News/Village Advocate Classifieds on April 30, 1997 in accordance with G.S. 143-129 for Patrol Car Video Systems; and

 

WHEREAS, the following bid was received and opened on May 14, 1997:

 

Vendor                         Unit Price (5 Systems)                              Total

 

Kustoms Signals, Inc.                           $4,590.00                                            $22,950.00

 

                                                            Installation                                                   875.00

 

                                                            Total                                                    $23,825.00

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town accepts the bid of Kustoms Signals, Inc. in the amount of $23,825 in response to the Town’s request for bids published April 30, 1997 and opened May 14, 1997 in accordance with G.S. 143-129.

 

This the 27th day of May, 1997.

 

INFORMATION REPORTS

 

Item 4.2a

 

Tom Traut expressed concern that the approved site plan for the Beechridge development in this evening’s Council agenda materials did not accurately reflect information about a sewage easement, public access path and a cul-de-sac/stub-out for future connections.  Mr. Horton apologized for the errors and assured Mr. Traut that the problems would be remedied.

 

Gary Carver, a resident of  Blackwood Mountain Road, presented a petition with over 4,000 signatures opposing the siting of a new landfill on Eubanks Road. Mr. Carver shared with the Council his belief that the signatures were a fair representation of the sentiment of Orange County citizens concerning this matter.   Mr. Carver said he hoped that the Council would consider alternatives to landfill construction.

 

APPOINTMENTS TO APPEARANCE COMMISSION, BOARD OF ADJUSTMENT, DESIGN REVIEW BOARD, PARKS AND RECREATION COMMISSION AND TRANSPORTATION BOARD

 

Council Member Evans noted that the Transportation Board would be considering appointment recommendations at a meeting in the near future.

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO DEFER APPOINTMENTS TO THE TRANSPORTATION BOARD TO THE JUNE 9TH MEETING.  THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

 

Mayor Waldorf noted that board and commission appointees would be announced later in the meeting.

 

PAID CIVIC LEAVE FOR TOWN EMPLOYEES

 

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT ORDINANCE 4.

 

Mayor Waldorf noted that, although she felt this was a good idea, she would vote against it until the ordinance  was broadened to allow for more volunteer opportunities.

 

ORDINANCE 4 FAILED TO PASS BY A VOTE OF 4-3, WITH THE AYES BEING COUNCIL MEMBERS BROWN, CAPOWSKI, CHILTON AND FRANCK AND THE NOS BEING MAYOR WALDORF AND COUNCIL MEMBERS EVANS AND WIGGINS.

 

Mayor Waldorf noted that this item would be included on the Council’s June 9th agenda for second reading.

 

                                                      CAR REGISTRATION FEES

 

Mayor Waldorf briefly reviewed the proposed resolution, noting that the increase in car registration was being offered as an alternative means of funding mass transit.  She said if the proposed resolution were adopted by the Council this evening, it would substitute for the Town’s existing bill requests regarding mass transit funding.

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT  RESOLUTION 10.

 

Council Member Evans inquired whether or not there would be an opportunity for public comment prior to adoption of the proposed resolution.  Mayor  Waldorf noted that the resolution before the Council was only asking for the authority and that a proposal of this type had been part of a package of twenty-five or so proposals forwarded to the legislature in February.

 

RESOLUTION 10 WAS ADOPTED UNANIMOUSLY (7-0).

 

A RESOLUTION REQUESTING  THAT THE LEGISLATIVE DELEGATION CHANGE THE CHAPEL HILL OMNIBUS LOCAL BILL TO INCLUDE AUTHORIZATION FOR THE TOWN TO INCREASE VEHICLE LICENSE TAXES FROM $15 TO $25 TO SUPPORT PUBLIC TRANSIT SERVICES (97-5-27/R-10)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council requests  that the legislative delegation change the Chapel Hill omnibus local bill by replacing the previously requested menu of transit revenue options with an authorization for the Town to increase vehicle license taxes from $15 to $25 to support public transit services.

 

This the 27h day of May, 1997.

 

Mayor Waldorf noted that she would be going to a meeting about annexation and transit along with transit funding issues. Mayor Waldorf would like to say that if the ½ cent sales tax for transit is passed, then transit cities should all share in the funds, if the Council was agreeable.  There were no objections.

 

SCHEDULING OF CONTINUATION OF PUBLIC HEARINGS ON MEADOWMONT SPECIAL USE PERMITS

 

Mr. Horton briefly reviewed scheduling options for the continuation of Meadowmont public hearings.  Mayor Waldorf noted that the proposed schedule called for the Council to discuss the School and Park Site, the Swim Club and the Infrastructure special use permits on June 11th, with a second proposed slated for June 19th, when the Village Center and the Apartment site special use permits would be under discussion.  Mayor Waldorf said she hoped that there would be adequate time after citizen comments for the Council to ask questions of staff and to discuss the issues before them relative to the development applications.

 

COUNCIL MEMBER CHILTON MOVED,  SECONDED BY COUNCIL MEMBER EVANS, TO  ADOPT RESOLUTION 10.1,  INCLUDING JUNE 19TH AS A SECOND HEARING NIGHT.  THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

 

A RESOLUTION SCHEDULING THE CONTINUATION OF PUBLIC HEARINGS ON THE SPECIAL USE APPLICATIONS FOR THE PROPOSED VILLAGE CORE AND MULTI-FAMILY DEVELOPMENTS IN MEADOWMONT (97-5-27/R-10.1)

 

BE IT RESOLVED by the Chapel Hill Town Council that the Council schedules the continuation of public hearings on the special use applications for Meadowmont for 7:00 p.m. on Wednesday, June 11th and Thursday, June 19th, 1997 in the Council Chamber at Town Hall.

 

This the 27th day of May, 1997.

 

Mayor Waldorf requested that Council Members submit any questions regarding the Meadowmont proposal to Town staff  by June 1st.

 

By prior Council consent items #8 & #9 were deleted from this evening’s agenda.

 

COUNCIL COMMITTEE ON PARKING

 

Mayor Waldorf reported that a committee composed of Council Members Capowski and Evans and herself  were proposing some modest changes in regulations for parking requirements in the downtown area.

 

Council Member Franck requested clarification of item C.   Mr. Horton responded that the intention of item C was to require payments-in-lieu of parking in addition to the submittal of  transportation management plans. 

 

Council Member Franck commented that although he supported the Committee’s work as a whole, he would not support this particular element  (item c) because it essentially meant that the transportation management plan  was worthless.  He said this matter could be discussed further at a later date.

 

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI TO ADOPT RESOLUTION 11.1. THE MOTION WAS ADOPTED UNANIMOUSLY  (7-0).

 

A RESOLUTION DIRECTING THE MANAGER TO DRAFT PROPOSED ORDINANCES REGARDING POTENTIAL CHANGES IN THE TOWN’S PARKING REQUIREMENTS (97-5-27/R-11.1)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council directs the Manager to prepare proposed ordinances to make the following changes:

 

a)      Reduce the present payment in lieu of parking spaces from $7,200 to a lesser amount such as $3,000 to $3,600.

b)      Allow payments in lieu to be made through irrevocable letters of credit or equivalent instruments acceptable to the Town with a term of at least 10 years and callable by the Town at its option when parking improvements are being made.

c)      If a transportation management plan is submitted for a development or redevelopment, payment in lieu of parking may be required unless all parking requirements are met.

d)      Increase the maximum walking distance between off-site parking (if approved by the Town) and the public entrance of the related new development from 500 to 1,200 feet.

 

This the 27th day of May, 1997.

 

Mayor Waldorf said that this item would be brought back before the Council in the fall.

 

Mayor Waldorf also said that the Parking Committee was requesting that the Council adopt a resolution  asking the Downtown Small Area Plan Work Group to review parking needs and develop a  long-term parking plan.

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, TO ADOPT RESOLUTION 11.2.  THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

 

A RESOLUTION REQUESTING THAT THE DOWNTOWN SMALL AREA PLAN WORK GROUP REVIEW PARKING NEEDS AND PROPOSE A PARKING PLAN FOR DOWNTOWN (97-5-27/R-11.2)

 

BE IT RESOLVED by Council of the Town of Chapel Hill that the Council requests that the Downtown Small Area Plan Work Group review parking needs and propose a parking plan for downtown.

 

This the 27th day of May, 1997.

 

Mayor Waldorf noted that the appointees to advisory boards and commissions were as follows:

 

                  Parks and Recreation Commission:  Dianne LeMasters

                  Appearance Commission:  Terry Eason, James Ellis and Sarah Haskett

                  Design Review Board:  Polly van de Velde, Greg Isenhour

 

Mayor Waldorf noted that there were no clear preferences for appointments to the Board of Adjustment or to one seat each on the Appearance Commission and the Design Review Board.

 

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

 

 

MAYOR PRO-TEM BROWN MOVED THAT APPOINTMENTS TO  THE BOARD OF ADJUSTMENT BE MADE AT THE NEXT REGULAR MEETING. COUNCIL MEMBER FRANCK SECONDED THE MOTION.  THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, TO DEFER CONSIDERATION OF THE FOURTH APPOINTEE TO THE APPEARANCE COMMISSION TO THE NEXT REGULAR MEETING.  THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

 

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO DEFER CONSIDERATION OF THE THIRD APPOINTEE TO THE DESIGN REVIEW BOARD TO THE NEXT REGULAR MEETING.  THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

 

NOISE ORDINANCE STUDY COMMITTEE

 

Council Member Brown said that a number of area residents were concerned about mechanical noises emanating from large buildings on the University campus.  Council Member Brown said she was requesting that the Council authorize the formation of a committee of interested citizens and Council Members to study this matter, and welcomed any suggestions.

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER FRANCK, TO ADOPT RESOLUTION 12.

 

Expressing his support for the proposed resolution, Council Member Capowski stated that a number of buildings were proposed on the University and Hospitals campus which could have a major impact on residents of contiguous neighborhoods, including the Westside neighborhood.

 

Mayor Waldorf inquired about the proposed timeframe for the committee.   Council Member Brown said that applications for the committee would be sent out as soon as possible, with the committee being appointed and moving forward with its work as soon as possible following the Council’s summer recess.  Council Member Brown said she hoped that a report on the matter would be completed early in 1998.

 

Noting that some of the noise-related concerns raised had regarded helicopter traffic to the hospital, Council Member Evans said she hoped that any  proposed new regulations would not restrict the hospital’s lifesaving efforts.

 

Council Member Capowski  noted that the Consultation and Coordination Committee (CCC) had been successful in getting noise rates lowered at the University’s boiler plant through the use of new technology.  Mr. Horton added that the University had hired a consultant to attempt to mitigate noise-related concerns regarding the Thurston-Bowles building.

 

Council Member Evans asked whether creating this committee was the most productive direction that could be taken.  She suggested that it might be better to work collaboratively with the University through the Consultation and Coordination Committee on this matter.  Council Member Brown suggested having an amendment to the proposed resolution, designating a UNC Hospitals representative on the proposed committee.

 

Council Member Wiggins reminded the Council that the charge of the previous noise ordinance committee had focused on boom boxes and music in general.   Council Member Wiggins said she hoped that the proposed  committee would also continue to follow up on citizen concerns regarding boom boxes and loud music.  Mayor Waldorf noted that there would likely be enforcement-related problems relative to music noise levels.

 

Council Member Chilton requested the addition of a representative from the Student Body President’s office at the University.

 

THE MOTION TO ADOPT RESOLUTION 12, AS AMENDED, WAS ADOPTED UNANIMOUSLY  (7-0).

 

A RESOLUTION ESTABLISHING A CHARGE AND COMPOSITION FOR A NOISE ORDINANCE STUDY COMMITTEE (97-5-27/R-12)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the following charge and composition for a Noise Ordinance Study Committee to be appointed by the Council:

 

CHARGE TO THE COMMITTEE

 

1.      Investigate the range and various types of noises from airplanes, heating, ventilation and cooling systems at institutional buildings (including but not limited to University buildings), commercial, single-family and multi-family buildings; and sounds from portable music equipment (boomboxes) and other comparable sound-generating items.

 

2.      Investigate noise ordinances in other communities with special emphasis on the above items.

 

3.      Actively seek citizens’ suggestions and comments on noises and potential changes to address problems. The Committee may sponsor a public forum if the Committee so desires.

 

4.      Actively seek comments in particular from citizens and groups which may have a high level of interest in possible ordinance changes, including

 

·        residents and businesses in the community

·        the University and other institutions

 

5.      Work with a technical consultant or advisor regarding noise measurement matters. The Committee will make a request to the Council for funding if needed.

 

6.      Consult with the Town Manager and Town Attorney regarding the legal and technical practicality and cost of changes which the Committee believes should be considered by the Council.

 

7.      Submit an interim report to the Council by January, 1998 and a final report and recommendations by March, 1998, to enable the Council to receive comments from citizens in the spring of 1998.

 

COMPOSITION OF THE COMMITTEE

 

Three representatives designated by the University

Representative of UNC Hospitals

Resident of the Northside area

Resident of the Westwood area

Resident of the Cameron-McCauley historic district

Resident of  the area near the Horace Williams tract

Resident of the East Franklin-Rosemary historic district

Three citizens selected by the Council from the overall community

One or more Council Members as selected by the Council

One citizen from the business community

One representative designated by the UNC-Chapel Hill Student Body President

 

BE IT FURTHER RESOLVED that the Council authorizes the Manager to advertise for applicants to serve on the Committee and to submit the applications to the Council by September, 1997.

 

This the 27th day of May, 1997.

 

CONSENT AGENDA ITEMS

ITEM G

 

Council Member Capowski noted that most of  Orange County’s residents lived within the Town limits of Chapel Hill or Carrboro.   He suggested that this fact be taken into account when consideration was being given to the joint use of parks and recreation facilities by the Towns and Orange County.

 

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 8 AS AMENDED.

 

Council Member Capowski interjected that Town staff would fill in the exact figures in the correct places in the proposed resolution.

 

Council Member Brown requested clarification of the consequences of the proposed resolution. Council Member Capowski said his main point was that Town residents paid for all Town recreation facilities plus forty-five percent of the cost of the County’s facilities.

 

Mayor Waldorf expressed her support and hope that other governing bodies would pass similar resolutions.

 

THE RESOLUTION,AS AMENDED, WAS ADOPTED  UNANIMOUSLY.

 

A RESOLUTION REFERRING THE REPORT, “COORDINATION OF PARKS AND RECREATION SERVICES IN CARRBORO, CHAPEL HILL AND ORANGE COUNTY” TO THE PARKS AND RECREATION COMMISSION (97-5-27/R-8)

 

WHEREAS, the governing bodies of Carrboro, Chapel Hill, and Orange County have considered how to coordinate the planning of capital projects for parks and recreation purposes, and the provision of Parks and Recreation services; and

 

WHEREAS, the Managers of Carrboro Chapel Hill, and Orange County have prepared a report, “Coordination of Parks and Recreation Services in Carrboro, Chapel Hill and Orange County;”

 

WHEREAS, it is recognized that citizens of the corporate limits of Chapel Hill and Carrboro pay about fifty percent of County taxes, and comprise over fifty percent of the County’s population and generate substantial parks and recreation needs in southern Orange County;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council refers this report to the Parks and Recreation Commission for its comments and recommendations to be presented to the Council at its July 7th meeting.

 

BE IT FURTHER RESOLVED that the Parks and Recreation Commission consider the Towns’ and County’s balance of needs and funding as they review their report.

 

This is the 27th day of May, 1997.

 

Mayor Waldorf reminded the Council that the charge of the Orange County Capital Needs Task Force was to develop recommendations for the proposed County bond issue.    Mayor Waldorf noted that the Orange County Commissioners had indicated that ideas and comments would be helpful and appreciated.   Mayor Waldorf said it would be particularly helpful to receive input from Council Members Andresen and Capowski regarding the Water and Sewer Boundary Task Force.  Council Member Capowski reiterated his earlier economic concerns, rhetorically inquiring why residents of Chapel Hill and Carrboro should pay for sewer service in areas of Orange County outside of the Carrboro and Chapel Hill town limits.  Council Member Evans suggested that the Water and Sewer Boundary Task Force seek funding from the Clean Water Trust Fund.

 

ITEM I

 

Council Member Franck expressed concern about the Manager’s comments regarding  expedited review for the proposed Presque Isle development.   Council Member Franck said he opposed expedited review for the project if it meant that the staff would not be able to thoroughly respond to issues raised by citizens and Council Members during public hearing, including questions and concerns about bicycle lanes and wall buffers.  Mr. Horton replied that the intent of this item was to communicate to the committee that Town staff would not have time to work on this item if there was anything substantially different in the proposed development’s layout.

 

Mr. Waldon noted that if the proposed rezoning was approved by the Council, a resolution of approval for the special use permit, with conditions, would be offered for the Council’s consideration.   Mr. Waldon said that there were relatively few changes in the applicant’s revised site plan.

 

Council Member Franck inquired whether or not staff  felt  that their previous analysis was sufficient to give the Council all necessary information.  Mr. Horton said that although it was his recollection that all issues of Council and citizen concern were addressed in the staff’s follow-up report, he would welcome any further guidance from the Council.

 

Jack Smyre, the applicant’s representative, said that the proposed site plan was nearly identical to the original site plan.  He stated that the center line had not changed and the nature of the buffer, central courtyard and proposed grading were essentially the same.  Mr. Smyre stated that the most significant changes were a reduction in the number of units from sixty to forty-two and a reduction of thirty-four parking spaces.

 

COUNCIL MEMBER EVANS MOVED,  SECONDED BY COUNCIL MEMBER WIGGINS, TO ADOPT RESOLUTION 9.1.  THE MOTION WAS ADOPTED BY A VOTE OF 6-1, WITH COUNCIL MEMBER FRANCK VOTING NO.

 

A RESOLUTION CALLING PUBLIC HEARINGS FOR JUNE 23, 1997, TO CONSIDER A NEW REZONING APPLICATION AND A REVISED SPECIAL USE PERMIT APPLICATION (97-5-27/R-9.1)

 

WHEREAS  the Town Council has received a petition, requesting that an application for rezoning of property located at the corner of Sage and Erwin Roads be scheduled for June 23, 1997 Public Hearing;  and

 

WHEREAS the Town Council seeks to consider this application in the context of a Special Use Permit application already in process of being considered; 

 

NOW, THEREFORE, BE IT RESOLVED that the Town Council calls Public Hearings on the subject rezoning application and the revised Special Use Permit application for June 23, 1997, at 7:00 p.m. at the Chapel Hill Town Hall.

 

BE IT FURTHER RESOLVED that the Town Council refers the new rezoning application to the Planning Board for recommendation.

 

This the 27th day of May, 1997.

 

BUDGET WORK SESSION

 

Stating that the Council had not taken final action on a Town budget, Mayor Waldorf said she had created several option lists for the Council to consider relative to organizing  budget details

 

Council Member Chilton, in reviewing the proposed “A” list, said that he could live with it, but he had a comment about the bookmobile.  Stating that bookmobiles were most effective in servicing spread-out areas, Council Member Chilton suggested that the bookmobile vehicle possibly be sold to Orange County.

 

Council Member Franck said he opposed selling  the bookmobile and suggested that this item be moved to the  “B”  priority  list.

 

Noting that the Library Board had referenced an increase in the use of the bookmobile, Council Member Wiggins said she was uneasy about cutting a successful program which reached a lot of people.  Mr. Horton noted that the main focus of the bookmobile was serving children up to age six in public housing communities.   Mayor Waldorf suggested that the van to be purchased by the Public Housing Resident’s Council could possibly be used to transport young people to the library.  Mr. Horton said it was possible that the van could be purchased through a grant program.

 

Council Member Capowski requested a clarification regarding the zoning enforcement officer position.    Mayor Waldorf explained that the zoning enforcement officer position would not be funded until six months into the fiscal year, since the position was targeted for hiring as of January 1, 1998.

 

Council Member Brown inquired about the future status of the Transportation Fund.  Mr. Horton replied that it was unclear what the Federal government might do in this regard. Regarding the State funding outlook for transit, Mr. Horton said it was possible that the Town would receive a little bit more than budgeted.

 

Council Member Capowski said he supported options outlined on the Mayor’s “A” listing.

 

Council Member Brown requested that language be added to ensure that a van would take young people from public housing communities to the library.   Council Member Chilton said if Orange County were to buy the bookmobile, the Town might be able to make a contract provision regarding library service for these children.   Stating that the bookmobile cost about $7,200 per year to operate, Mr. Horton said it was likely that the sales price for the bookmobile might be no more than $1.00.   Council Member Chilton said the most desirable outcome would be to somehow keep the bookmobile in the community.

 

Noting that the University was no longer disposing of ash at the landfill, Council Member Evans inquired about the possibility of reducing landfill staff.  Mr. Horton said that although ash was no longer handled at the landfill, staff at the facility had remained very busy handling Hurricane Fran debris and constructing a new landfill cell.   Council Member Evans also inquired about the possibility of  reducing outlays for advertising of the solid and hazardous waste management programs.  Mr. Horton said that the level of expenditure for these programs was consistent with the Council’s standards for public participation and education.  He added that the effect of such a reduction on the Town’s General budget would be minimal.

 

Council Member Brown requested staff comment on employee suggestion #196, regarding concerns about the higher cost of operating the new Gillig buses.   Mr. Horton said that at this time, he did not have sufficient information to respond to this concern.  Mr. Horton said that he would consult with department heads on the employee’s suggestions and report back to the Council with feedback about each item.

 

Mayor Waldorf said it was her sense that the Council favored adding the proposed Zoning Enforcement Officer position.  Council Members Capowski and Chilton said they favored adding the proposed position.  Council Member Brown said she felt that the matter merited additional discussion by the Council.

 

Council Member Evans inquired about the possibility of existing Inspections or Engineering staff handle the zoning enforcement function.  Mr. Horton stated that most zoning enforcement  problems did not occur during initial construction, when engineering and inspection staff  typically visited sites.  He stated that most problems dealt with the unauthorized use of property.

 

Shifting focus to refuse collection, Mayor Waldorf said that it was much more difficult and took staff much longer to collect refuse from back yards, rather than from the curbside.  She also said that the job of collectors was much less sanitary when people did not properly bag their garbage.  Mayor Waldorf said she hoped that language would be added to the Town Code to address this matter.   Council Member Chilton endorsed this proposal.  Council Member Chilton said the two items on the proposed “B” priority list which interested him were the Fire Inspector position and the possibility of charging for commercial refuse collection.

 

Council Member Brown expressed her interest in the Chapel Hill-Carrboro School Board continuing to explore no-cost alternatives to the DARE program.  Council Member Chilton said he felt that the DARE program should be continued until a local study of the program and alternatives could be completed.   Mr. Horton noted that although the school system would be undertaking such a study, it would likely take some time to complete, possibly an entire school year.   Council Member Chilton noted that the police officers involved with the DARE program spent a significant amount of time serving as positive role models for young people. 

 

Council Member Wiggins noted that the Zoning Enforcement Officer position  was on the budget options list because of the Council’s desire for more enforcement, while the Fire Inspector position had been brought up because staff identified needs in terms of health and safety concerns.

 

Noting that there were tax implications from adding either or both of the positions, Council Member Wiggins suggested that priorities be explored relative to these two proposals.

  

Council Member Brown expressed her support for changing over to a system that would reduce costs, reduce waste and be flexible.

 

Expressing bond equity related concerns, Council Member Evans suggested eliminating $50,000 in supplementary annual  funding for greenways.  Mr. Horton noted that the greenway bond funds and annual allocation were for the purchase of greenway trails, rather than the construction of trails.  Council Member Brown noted that the bond funds could be used for acquiring greenways or open space.  Mayor Waldorf inquired whether the Council could be assured that the $50,000 in funding would be used annually, rather than rolled over from year to year.  Mr. Horton said he could make no such promise, since the use of the funds depended upon the wishes of the Greenways Commission and the Town Council.   Stating that the progress of greenway projects such as the Bolin Creek greenway was very slow, Council Member Chilton said he hoped that any action by the Council would not slow down matters any further.

 

After noting her support for the proposed Fire Inspector position, Mayor Waldorf briefly referenced a number of other proposals potentially impacting service levels including the grant for additional police officers, the Downtown Service District tax rate and the Manager’s proposal to contract with Orange County for senior recreation services.  Mayor Waldorf noted that the Downtown Commission favored no change in the Downtown Service District tax rate.  Mr. Horton said that staff concurred with the Downtown Commission’s observation and request.  Referencing the Downtown Service District tax rate, Council Member Capowski said that when the effect of the tax equalization rate was taken into account, there would be an effective increase in the rate.  Mr. Horton stated that merchants in the downtown area had been mailed notices about the proposed tax rate and a public hearing had been held on the matter.

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER FRANCK, FOR THE COUNCIL TO GO INTO CLOSED SESSION TO DISCUSS LITIGATION MATTERS.

 

Council Member Chilton made a friendly amendment to include personnel matters in the closed session.

 

THE MOTION, AS AMENDED, WAS ADOPTED UNANIMOUSLY (7-0).

 

The regular meeting concluded at 9:20 p.m.  No public report followed the closed session.