MINUTES OF A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE TOWN OF CHAPEL HILL, MONDAY, JULY 7, 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, Pat Evans, Richard Franck, Lee Pavăo and Edith Wiggins.  Also in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Planning Director Roger Waldon and Town Attorney Ralph Karpinos.

 

Item 1  Ceremony

 

Mayor Waldorf and the Town Council congratulated Recycling Specialist Illey Johnson for finishing second in the recent International Recycling Roadeo competition.  The Mayor and Town Council expressed their pride at Mr. Johnson’s achievement.

 

Item 3  Petitions

 

Baird Grimson, representing the Westside Neighborhood Association, said that he and his neighbors were especially concerned about noise emanating from the Thurston-Bowles building on the University campus.  Mr. Grimson said that noise levels from this building had consistently been above sixty decibels. Mr. Grimson said he hoped that the Council could assist neighborhood residents with these concerns.

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER FRANCK,  TO RECEIVE AND REFER THE PETITION TO THE MANAGER, THE CONSULTATION AND COORDINATION COMMITTEE  AND THE NOISE COMMITTEE.

 

Council Member Andresen inquired about the remedies suggested by the University.   Mr. Grimson said that the corrections offered by the University had been very minor ones, insufficient to alleviate the year-round problem, especially of early morning disturbances.

 

THE MOTION WAS ADOPTED UNANIMOUSLY  (9-0).

 

Roland Gammon said that property he owned near South Columbia Street and the U.S. 15-501 Bypass had been rendered virtually undevelopable, for single-family residences, due to the widening of South Columbia Street.  He also said that transportation access to his property had been severely restricted by the road widening project.   Scott Radway said that Mr. Gammond was requesting a land use  plan reevaluation and was inquiring what procedures needed to be followed.

 

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO RECEIVE THE PETITION AND REQUEST THE MANAGER TO PREPARE A FOLLOW-UP REPORT ON THE COUNCIL’S OPTIONS.   THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Dale Coker, representing residents of Fountain Ridge Road, requested the Council’s assistance regarding a number of traffic and safety-related concerns.

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO RECEIVE AND REFER MR. COKER’S PETITION.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Jeff Davidson urged the Council to enact legislation prohibiting businesses from leaving newspapers and other materials at addresses where occupants had requested discontinuation of such deliveries.

 

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO RECEIVE AND REFER MR. DAVIDSON’S PETITION.  THE MOTION WAS ADOPTED BY A VOTE OF 8-1, WITH COUNCIL MEMBER CHILTON VOTING NO.

 

Council Member Andresen petitioned the Council to instruct the Town staff to make use of the detailed traffic analysis offered by North Carolina Department of  Transportation division staff.   Council Member Andresen requested that the intersections of  NC 54 and Interstate 40 and NC 54 & U.S. 15-501 be studied in this manner.

 

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO REFER THE MATTER TO STAFF FOR FOLLOW-UP.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Council Member Andresen requested that Town staff  contact OWASA staff  for an update on discussions about potential joint water/sewer service issues.   Council Member  Andresen said she felt that the Council needed to hear about these issues during the early stages.

 

COUNCIL MEMBER ANDRESEN, SECONDED BY COUNCIL MEMBER CHILTON, TO

REFER THE MATTER TO STAFF FOR A FOLLOW-UP REPORT.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Council Member Capowski stated that a tree ordinance which permitted the clear-cutting and destruction of significant trees, such as at Meadowmont, Northside and Franklin Street, needed to be revisited.   Council Member Capowski urged the Council to examine the effectiveness of the Town’s tree ordinance.

 

Council Member Chilton suggested that representatives from the construction/development sectors and citizens at large be included in such discussions.   Mayor Waldorf added that there were State laws to be considered relative to the Tree Ordinance.  Council Member Capowski promised to compose a resolution which would create a task force examine this  issue.  

 

Stating that some citizens had expressed concern about inadequate public notice of some board meetings relative to the proposed Meadowmont development, Council Member Capowski inquired whether a portion of the $60,000 earmarked for cable television equipment could be used to facilitate better dispersal of  general Town government information.  Council Member Wiggins suggested that various other types of technology, including the World Wide Web, could be used to enhance the dissemination of public information.

 

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO REFER THE PETITION TO STAFF.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Council Member Chilton noted that there was no longer a Department of Motor Vehicle License Plate Agency in the Town and expressed his support for Mayor Waldorf to speak to the State legislative delegation about this matter.  Stating that higher commercial rental rates had played a role in the matter, Mayor Waldorf said she would be pleased to look into the matter further.

 

Noting that the Council had a draft evaluation form for the Manager and Attorney in front of them this evening, Council Member Andresen said that Council Members with comments should forward them to Council Member Pavăo or herself as soon as possible.

 

Item 4.1   Consent Agenda

 

Council Member Franck requested that two replacement pages of minutes, page 24 from  the April 28 minutes and page 17 from May 12 be substituted and adopted as revised.

 

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO ADOPT THE CONSENT AGENDA AS PRESENTED, INCLUDING THE TWO PAGES OF MINUTES REVISIONS.

 

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES

(97-7-7/R-1)

 

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

 

a.      Minutes of April 28, May 12 and June 11.

b.     Annual certification of firefighter roster (R-2).

c.      Closing unopened right-of-way  near Howell Street (R-3).

d.     Prohibiting through truck traffic on Rogerson Drive (O-1).

e.      Raintree Drive and Locust Street parking restrictions (O-2).

f.       Drainage and bridge bond projects (R-4).

g.      Correction of library fines and fees policy (R-5).

h.      Purchase of equipment and installation of a building at the Orange  Regional Landfill.

(1)   dozer (R-6).

(2)   loader (R-7).

(3)   maintenance building (R-8, O-2.1).

i.         Transit grant project ordinance (O-3).

j.        Purchase of buses (R-9).

k.      Closing part of South Road in the University campus for a planned Fall Fest event on the night of August 17th  (R-10).

l.         Scheduling meeting on September 5th on evaluation of the Manager and Attorney (R-11).

 

This the 7th day of July, 1997.

 

A RESOLUTION AUTHORIZING CERTIFICATION OF FIREFIGHTERS (97-7-7/R-2)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Mayor is hereby authorized to certify to the North Carolina Firefighters’ Pension Fund the attached roster of firefighters employed by the Town of Chapel Hill on June 30, 1997.

 

This the 7th day of July, 1997.

 

A RESOLUTION CLOSING THE UNOPENED RIGHT-OF-WAY BETWEEN HOWELL STREET AND FORDHAM BOULEVARD  (97-7-7/R-3)

 

WHEREAS, the Town Council on May 12, 1997, adopted a resolution of intent to consider closing an unopened right-of-way, and a public hearing thereon was held on June 16, 1997; and

 

WHEREAS, closing the right-of-way would not be contrary to the public interest; and no individual owning property in the vicinity of the right-of-way would be deprived of reasonable means of ingress and egress to his or her property by the closing of said right-of-way,

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts this order pursuant to North Carolina G.S. 160A-299, permanently closing a 20-foot-wide section of unopened right-of-way between Howell Street and Fordham Boulevard for an approximate distance of 485 feet as shown on Orange County Tax Map #7.71, subject to the reservation of a blanket utility and drainage easement, all of which shall be recorded on a plat to be provided by the party requesting the right-of-way closure and approved by the Chapel Hill Engineering Department.

 

This the 7th day of July, 1997.

 

AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES

(97-7-7/O-1)

 

BE IT ORDAINED by the Council of Chapel Hill:

 

SECTION I

 

That section 21-6.1 of the Town code of Ordinances, “Bus and Truck Through Traffic.” is amended by deleting the following:

 

It shall be unlawful to operate a bus or truck on Rogerson Drive except for local service vehicles and delivery trucks making deliveries and/or pickups to houses and businesses on the street; and for buses stopping for receiving and discharging passengers on the street.

 

SECTION II

 

This ordinance shall become effective August 1, 1997.

 

SECTION III

 

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

 

This the 7th day of July, 1997.

 

AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES

(97-7-7/O-2)

 

BE IT ORDAINED by the Council of Chapel Hill:

 

SECTION I

 

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

 

STREET                      SIDE                FROM                         TO

 

Locust Court                North               Merritt Mill Road          A point 100 feet east of

                                                                                                the centerline of

                                                                                                Merritt Mill Road

 

Locust Court                South               Merritt Mill Road          Raintree Lane

 

Locust Court                South               The centerline of           A point 120 feet east of

                                                            Raintree Lane               the centerline of Raintree Lane

 

Raintree Lane               West                Locust Court                End

 

Raintree Lane               East                  The centerline of           A point 88 feet south

                                                            Locust Court                of the centerline of Locust Court

 

SECTION II

 

That section 21-27.8 of the Town code of Ordinances, “No parking anytime except by residential permit” is amended by inserting the following therein, in appropriate alphabetical order:

STREET                      SIDE                FROM                                     TO

 

Locust Court                North               A point 100 feet east of            End

                                                            Merritt Mill Road

 

Locust Court                South               A point 124 feet east of            End

                                                            the centerline of

Raintree Lane  

 

Raintree Lane               East                  A point 88 feet south                End

                                                            of the centerline of

Locust Court

 

SECTION III

 

This ordinance shall become effective August 1, 1997.

 

SECTION IV

 

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

 

This the 7th day of July, 1997.

 

A RESOLUTION AUTHORIZING THE MANAGER TO DEVELOP AND IMPLEMENT CERTAIN DRAINAGE AND BRIDGE PROJECTS UTILIZING 1996 BOND FUNDS  (97-7-7/R-4)

 

WHEREAS, the Council approved 1996 bond funds in phase one (1997-98 and 1998-99) for drainage projects, drainage assistance, and bridge replacement categories; and

 

WHEREAS, the Town Manager has identified certain work and projects to be accomplished in these categories during phase one as follows:

 

            BRIDGE REPLACEMENT

                        Replace bridge on Brookview Drive

 

            DRAINAGE PROJECTS

            Chase Avenue Storm Drain Replacement

            Rosemary Street Storm Drain System Renovation

            Reade Road Storm Drain Replacement

 

            DRAINAGE ASSISTANCE

                        Compile and prioritize project list for Council consideration

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Manager is hereby authorized to develop and implement certain drainage and bridge replacement projects as noted above.

 

This the 7th day of July, 1997.

 

A RESOLUTION REINSTATING THE 1995 VERSION OF THE LIBRARY’S POLICY

FOR LONG  OVERDUE MATERIALS IN 1997-98 (97-7-7/R-5)

 

WHEREAS, the current policy for long overdue materials was amended by the Town Council in 1995, based on recommendations by the Library Board and staff, and

 

WHEREAS, the Library Board and staff recommend no change to this policy in 1997-98.

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the library continue to administer the library’s policy for long overdue materials approved by the Town Council in 1995.

 

This the 7th day of  July, 1997.

 

A RESOLUTION ACCEPTING THE BID FOR THE PURCHASE OF A CRAWLER DOZER (97-7-7/R-6)

 

WHEREAS, the Town of Chapel Hill has solicited formal bids by legal notice in The Chapel Hill News/Village Advocate Classifieds on June 11, 1997, in accordance with G.S. 143-129 for the purchase of a crawler dozer; and

 

WHEREAS, the following bids have been received and opened on June 25, 1997:

 

            VENDOR                                                                    BID

            Ameramax                                                                    No Bid

A.    E. Finley & Associates                                            No Bid

R. W. Moore                                                               No Bid

Gregory Poole Equipment Company                             $225,860

 

 

WHEREAS, the bid from Gregory Poole Equipment Company was found to be the lowest responsive to the specifications;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town accepts the lowest responsive bid of Gregory Poole Equipment Company in the amount of $225,860.

 

This the 7th day of July, 1997.

 

A RESOLUTION ACCEPTING THE BID FOR THE PURCHASE OF A LOADER/TOOL CARRIER (97-7-7/R-7)

 

WHEREAS, the Town of Chapel Hill has solicited formal bids by legal notice in The Chapel Hill News/Village Advocate Classifieds on June 11, 1997, in accordance with G. S. 143-129 for the purchase of a loader/tool carrier; and

 

WHEREAS, the following bids have been received and opened on June 25, 1997:

 

            VENDOR                                                                    BID     

Ameramax                                                                    No bid

            Gregory Poole                                                              $74,547

            NC Equipment Company                                                73,140

            E.F. Craven Company                                                    58,844

A.E. Finley                                                                     63,064.35

 

WHEREAS, the bid from E.F. Craven Company was found to be the lowest responsive to the specifications;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town accepts the lowest responsive bid of E.F. Craven in the amount of $58,844.

 

This the 7th day of July, 1997.

 

A RESOLUTION ACCEPTING THE BID FOR THE CONSTRUCTION OF THE EQUIPMENT SERVICE BUILDING (97-7-7/R-8)

 

WHEREAS, the Town of Chapel Hill has solicited formal bids by legal notice in The Chapel Hill News/Village Advocate Classifieds on May 21, 1997, and the Challenger Newspaper on May 22, 1997, and re-advertised in The Chapel Hill News/Village Advocate Classifieds on June 15, 1997, in accordance with G.S. 143-128 for the construction of the Equipment Service Building; and

 

WHEREAS, the following bids have been received and opened on June 24, 1997:

 

VENDOR                                                                      BID

 

Patriot Building Company                                         $ 390,500

Van Thomas Contractors, Inc.                                     368,000

 

WHEREAS, the bid from Van Thomas Contractors, Inc. was found to be the lowest responsive to the specifications and plans;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town accepts the bid of Van Thomas Contractors, Inc. in the amount of $368,000.

 

This the 7th day of July, 1997.

 

 

AN ORDINANCE TO ADOPT GRANT PROJECT ORDINANCES FOR TRANSIT PROJECTS (97-7-7/O-3)

 

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, the following grant project ordinance is hereby adopted:

 

SECTION I

 

The Urban Area Formula Program (Formerly Section 9) and the Discretionary Program (Formerly Section 3) authorized are from 1997 federal funds from an agreement with the Federal Transit Administration and the North Carolina Department of Transportation.

 

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 grant agreements executed with the Federal Transit Administration and the North Carolina Department of Transportation within the funds appropriated herein.

 

SECTION III 

 

The following revenue is anticipated to be available to the Town to complete activities as outlined in the project application.

 

Urbanized Area Formula Program (Formerly Section 9)

 

            Federal Transit Administration (FTA)                $  872,104

            NC Department of Transportation (NCDOT)                   109,013

            Town of Chapel Hill (local match)                                    109,013

 

                                                            TOTAL                        $1,090,130

 

Discretionary Program (Formerly Section 3)

 

            Federal Transit Administration (FTA)                $800,000

            N.C. Department of Transportation                                 100,000

            Town of Chapel Hill (local match)                                  100,000

 

                                                            TOTAL                     $1,000,000

 

SECTION IV

 

The following amounts are appropriated for the FY1997 Section 9 project:

 

Salaries - Full Time                                           $     81,650

Salaries - Part Time                                                   7,500

Fringe Benefits                                             20,406

FICA                                                                           574

M & R Vehicles                                                    140,000

Miscellaneous Vehicle Supplies                    60,000

Capital Equipment                                                 780,000

                                                            TOTAL            $1,090,130

 

The following amounts are appropriated for the FY1997 Section 3 project:

 

            Capital Equipment                                            $1,000,000

 

This the 7th day of July, 1997.

 

A RESOLUTION AWARDING A CONTRACT FOR THE PURCHASE OF UP TO TWELVE (12) THIRTY-FOOT ADVANCED DESIGN TRANSIT COACHES

(97-7-7/R-9)

 

WHEREAS, the Council of the Town of Chapel Hill has solicited formal bids by legal notice on April 20,1997 in accordance with G.S. 143-129 for the purchase of up to twelve (12) thirty-five foot advanced design transit coaches; and

 

WHEREAS, in accordance with the specifications, life cycle costs, performance and standardization values have been added to the total price bid; and

 

WHEREAS, the following bids have been received and opened on July 7, 1997:

 

 

 

Nova Bus, Incorporated

Item

Unit Price

Total

Seven Advanced Design Transit Coaches

$245,270.00

$1,716,890.00

Option - Up to 5 Additional 35’ Advanced  

  Design Coaches within 180 days

 

$245,270.00

 

$1,226,350.00

Delivery Charges

    $1,659.00

     $19,908.00

           Total

 

$2,963,148.00

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that a contract for the purchase of up to twelve (12) thirty-five foot advanced design transit coaches, in an amount of $2,963,148.00 subject to funding availability, be awarded to the single bidder, Nova Bus, Incorporated.

 

This the 7th day of July, 1997.

 

 

A RESOLUTION APPROVING A TEMPORARY STREET CLOSING ON AUGUST 17, 1997 AS REQUESTED BY THE UNIVERSITY OF NORTH CAROLINA  (97-7-7/R-10)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the University’s request to close the part of South Road from Stadium Drive to Raleigh Road from 6 p.m. on August 17, 1997 to 5 am on August 18, 1997 subject to conditions to be set forth by the Town Manager or Manager’s designee, which may include the following:

 

1.      The Fall Fest activities for students shall end by 2 am, and the street may be closed until 5 am for the purpose of clean-up work and removal of items set up for the Fall Fest.

 

2.      The University shall receive approval of all permits and plans required by Town ordinances and other laws and regulations, such as a traffic control and safety plan for temporary activities in the street.

 

3.      No alcohol shall be possessed or  consumed in the street right of way.

 

4.      Personnel shall be on duty at the ends of the closed street areas to ensure access for Town, University and other emergency vehicles into and through the closed area  if needed.

 

5.      The University shall designate a contact for coordination and communication with the Town regarding the street closing.

 

6.      University personnel in charge of the activities in the closed street area shall comply with directives of the Police and Fire Chiefs or other designee(s) of the Town Manager.

 

 BE IT FURTHER RESOLVED that the Council authorizes the Manager to approve minor adjustments in the time and location of the requested street closing.

 

This the 7th day of July, 1997.

 

A RESOLUTION SCHEDULING A  COUNCIL MEETING (97-7-7/R-11)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby gives notice of the Council’s intent to meet at 7:30 am on Friday, September 5, 1997, in the Council Conference Room at Town Hall, 306 North Columbia Street,  to discuss evaluation of the Town Manager and Attorney.

 

This the 7th day of July, 1997.

Information Reports

 

Council Member Andresen questioned whether work on the Downtown Small Area Plan Work Group’s efforts would be impacted by changes in Planning Department staffing.  Mr. Horton assured the Council that existing staff would continue this work.

 

Mayor Waldorf mentioned that she knew of possible applicants for the Land Trust Implementation Task Force, but was concerned it was too late to accept applications.   Council Member Chilton stated that applications were still being accepted, especially for persons having expertise in finance or  banking.

 

Item 5b Establishment of Land Trust Implementation Task Force

 

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER FRANCK, TO ADOPT RESOLUTION 11.1, ADDING COUNCIL MEMBER BROWN AS AN APPOINTEE TO THE TASK FORCE.  THE MOTION WAS ADOPTED UNANIMOUSLY

(9-0).

 

A RESOLUTION APPOINTING THE LAND TRUST IMPLEMENTATION TASK FORCE (97-7-7/R-11.1)

 

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

 

David Dnistran

Josh Gurlitz

Susan Levy

Douglas Mitchell

Richard Summers

Council Member Joyce Brown

and Council Member Mark Chilton as the Council’s liaison

 

to serve on the Land Trust Implementation Task Force.

 

This the 7th day of July, 1997.

 

                                                            Item 7    Neville Tract

 

Mr.  Horton introduced the item and asked that the environmental assessment for the Neville tract be entered into the record of the hearing.

 

Mayor Pro tem Brown stated that the Town of  Carrboro and Orange County needed to be added as owners of one of the adjacent properties.

 

Planning Director Roger Waldon presented an overview of the proposed conditions of approval for the special use permit application.  He stated that there would be a buffering requirement along the property edge and a pedestrian/bicycle easement along the creek.  Mr. Waldon said the staff’s recommendation was Council adoption of Resolution 17a.

 

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

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO ADOPT RESOLUTION 17A.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE NEVILLE TRACT (File Number 18..22) (97-7-7/R-17a)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by the Town of Chapel Hill, on property identified as Chapel Hill Township Tax Map 18, Lot 22, if developed according to the site plan dated January 24, 1997 and the conditions listed below:

 

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

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

3.                  Would be a use or development that is a  public necessity; and

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

 

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

 

Stipulations Specific to the Development

 

1.                  That construction begin by July 7, 1999  (two years from the date of Council approval) and be completed by July 7, 2007 (ten years from the date of Council approval).

2.                  Land Use:  This Special Use Permit approves the extraction of earth material for use in constructing containment cells and as daily earth cover for the Orange Regional Landfill. 

a)                  This permit does not authorize the use of explosives for land alteration.

b)                  This permit does not authorize the processing or disposal of solid waste on this property.

 

c)                  An access easement for this property shall be provided across the Landfill property to Eubanks Road.

3)                  Pedestrian/Bicycle Easement:  That a 30-foot pedestrian/bicycle easement be provided along the creek in the northeastern corner of the property, in a location to be approved by the Town Manager.  This easement shall be recorded at the Orange County Register of Deeds Office prior to issuance of a Zoning Compliance Permit. 

Stipulations Related to Landscape Elements

 

4.                  Buffer Requirements:  That a minimum 100-foot Type “C” buffer be provided along the western property line; and a minimum 100-foot Type “C” buffer along the eastern portion of the northern property line.

That a minimum 30-foot Type “C” buffer be provided along the southern and eastern property lines, abutting the Greene Tract.  If this buffer is partially or entirely provided on the Greene Tract, a landscaped buffer easement shall be recorded on the Greene Tract at the Orange County Register of Deeds Office prior to issuance of a Zoning Compliance Permit for the Neville Tract.

Miscellaneous Stipulations

 

5.                  Resource Conservation District:  That the boundaries of the Resource Conservation District be indicated on the final plans.  A note shall be added to the final plans indicating that “No land disturbing activity shall occur within the Resource Conservation District.”

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

7.                  Erosion Control:  That a soil erosion and sedimentation control plan be approved by the North Carolina Department of Environment, Health and Natural Resources and be submitted to the Town Manager prior to issuance of a Zoning Compliance Permit.

That an agreement be developed with the owner of the Orange Regional Landfill to allow construction of a sedimentation pond on the landfill property. This agreement shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

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

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

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

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit for the Neville Tract in accordance with the plans and conditions listed above. 

 

This the 7th day of July, 1997.

 

Item #8   Phi Gamma Delta Special Use Permit

 

Planning Director Roger Waldon presented an overview of  the application, noting that the Town was in the process of phasing out side-loading dumpsters, the method of refuse collection being proposed by the applicant.  Stating that Town staff had significant safety concerns about this proposal, Mr. Waldon said that staff was proposing a parking and turnaround area be provided to facilitate refuse collection.  He noted that the applicant had also proposed the possibility of using

roll-out refuse collection carts.  Mr. Waldon said that staff did not recommend pursuing this option.  Finally, he noted that Council adoption of Resolution A would support the creation of a service alley behind most of the fraternities along South Columbia Street and Cameron Avenue.

 

Jim Earnhardt, an alumnus of the Phi Gamma Delta fraternity, requested the Council’s support to allow the fraternity to return the house to its original (pre-fire) structural state.  Mr. Earnhardt said that one of the characteristics which made the site was special was the green space in the back of the house.   In supporting the roll-out carts option, Mr. Earnhardt said that it would take only four ninety-gallon carts to equal the capacity of a side-loading dumpster.  He also stated that this option would eliminate the need for a garbage truck to back out into area streets.

 

Council Member Evans inquired about the possibility of using a scooter for refuse collection at the house.  Mr. Heflin said this would not be feasible given the volume of refuse generated in the house.

 

Council Member Capowski said that he concurred with the fraternity that the back yard should not be paved solely to accommodate solid waste collection from the site.  Mr. Horton said that the applicant also had the option of private refuse collection.  Stating that the fraternity would rather not spend extra money on an item already paid for by property taxes, Mr. Earnhardt questioned the staff’s objection to the roll-cart option.

 

Council Member Andresen voiced her support for the staff’s recommendation, stating that parking was also a significant issue in this area.

 

Council Member Evans inquired about the amount of  impervious surface being created by the proposed parking lot and whether on-site detention would be needed for stormwater management.  Mr. Horton said that no extra land would be needed for this purpose. 

 

Council Member Franck inquired whether garbage would be collected outside of the carts as long as it was properly bagged.  Public Works Director Bruce Heflin responded that although it would be picked up,  the main difficulty with the roll-cart option was that a collection vehicle would need to stop on the street, blocking the only through lane.  He added that this option also did not address recycling concerns.  Mr. Heflin said that recycling trucks would have to stop and block traffic for even longer periods of time, in order to sort materials and load cardboard on to the truck.

 

Council Member Capowski inquired about the possibility of cooperation among fraternities in the area relative to refuse collection and recycling.  Mr. Heflin said that although this would create a win-win situation for all parties involved, getting the fraternities to actually cooperate had been difficult.

 

Council Member Brown inquired about the impact of  Phi Gamma Delta’s plans on the service alley area.  Mr. Horton said that the alley would accommodate a joint dumpster.

 

Ron Binder, UNC Liaison for Greek societies, said that he would assist in attempting to reach an agreement between fraternities regarding the joint use of dumpsters.  Mr. Horton said it would be very helpful to have one main point of contact on this matter. 

 

Council Member Evans inquired about having refuse collections early in the morning, in order to minimize traffic-related problems.  Noting that Cameron Avenue tended to get busy quite early, Mr. Heflin said that staff could possibly explore this option.   Council Member Evans asked whether the proposed house parent could be made partially responsible for refuse collection and recycling at the house.   Mr. Earnhardt said that the cook and the house parent could be jointly responsible for these efforts.

 

Voicing her objection to paving the existing rear yard, Council Member Evans inquired whether or not roll cart collection could be attempted on a trial basis.  Mr. Horton said that the use of roll-carts would involve some safety issues for truck drivers.  He also noted that staff was recommending that there be some on-site parking provided in the back yard area.

 

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

 

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADOPT RESOLUTION 18A.

 

Council Member Franck said he hoped that this resolution would create some motivation for at least two fraternities to cooperate and get the service alley built, which was clearly the best solution for everyone.  

 

Council Member Chilton said he favored giving the fraternity some options to the paving of their back yard.  He suggested that language in the resolution be revised to permit sharing of dumpsters by fraternities.

 

RESOLUTION 18A, AS AMENDED (TO PERMIT SHARING OF DUMPSTERS), WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE PHI GAMMA DELTA FRATERNITY (86.C.13) (97-7-7/R-18a)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application, proposed by Mr. Edgar Toms Carr, of Robert Winston Carr, Inc. Architects, on property identified as Chapel Hill Township Tax Map 86, Block C, Lot 13, if developed according to the site plan dated  May 12, 1997 and the conditions listed below:

 

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

 

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

 

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

  

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

 

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

 

Modification of Section 13.11.2  of the Development Ordinance to allow 10,870  square feet of floor area;

 

Modification of Section 13.11.2 of the Development Ordinance to allow a height limit of  43 feet;

 

Modification of Section 14.6.7 of the Development Ordinance which requires a minimum of one parking space per resident to allow up to 12 parking spaces on site;

 

Modification of Section 14.12 of the Development Ordinance which stipulates the minimum required landscaped bufferyards to allow no landscaped bufferyard on the western property boundary.

 

The public purpose served is the provision of student housing. 

 

These findings are conditioned on the following: 

 

Stipulations Specific to the Development

 

1.      That construction begin by July 7, 1999  (two years from the date of Council approval) and be completed by July 7, 2000 (three years from the date of Council approval).

 

2.      Land Use Intensity:  This Special Use Permit approves a total Floor Area of  10,870 square feet (10,770 square feet for the house and 100 square feet for a shed);  Minimum Open Space of 20,999 square feet;  a Minimum Livability Space of 18,169 square feet;  and no more than 31 residents. 

 

3.      Parking Lot Required:  That the applicant provide an eight to 12 space parking lot behind the house.

 

4.      Prohibit Parking in Non-designated Areas: That the applicant provide a physical barrier which would prohibit vehicles from parking in the area behind the house which is not designated for parking. 

 

Stipulations Related to Landscape Elements

 

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

6.      Alternative Buffers to be Proposed  That the final  plans identify  proposed alternative buffers and that full size buffers be provided where possible. 

 

7.      Alternative Buffers to be Approved by the Historic District Commission:  That the landscape plan and/or alternative buffers be approved by the Historic District Commission. 

 

Solid Waste Management Stipulations

 

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

 

9.      Refuse Collection to be from Front Loading Dumpsters:  That the applicant provide for refuse collection service from front loading dumpsters to be placed behind the house in an area designed to allow the refuse collection trucks to turn around on site, or that refuse collection service shall be privately contracted.   

 

10.  Agreement for Shared Dumpsters:   That if a shared dumpster arrangement is proposed, a joint access agreement and a shared dumpster agreement be developed with the adjacent property owner(s) to assure that all parties may use the proposed trash/recycling area and that this written agreement, allowing refuse collection services to be shared across property lines, be recorded prior to issuance of a Zoning Compliance Permit.  The shared dumpster agreement shall be approved by the Town Manager. 

 

11.  Private Refuse Collection:  That if the applicant selects private refuse collection, prior to issuance of a Zoning Compliance Permit, the applicant shall provide plans that identify a future, accessible dumpster location. 

 

12.  Driveway and Turn Around Area to be Paved:  That the driveway and the turn around area be paved to Town standards.

 

Stipulations Related to Detailed Plans

 

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

 

14.  Building Elevation Approval:  That building elevations for the house, the shed and all other structures be approved by the Historic District Commission prior to issuance of a Zoning Compliance Permit.

 

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

 

16.  Utility Easements to be Shown on Plans:  That the plans show the size and location of any existing or proposed utility easements.

 

17.  Utilities Shown on Plans:  That the plans indicate what is proposed to happen to the overhead utilities and associated poles along the western  property line.

 

18.  Transportation Management Plan:   That at Transportation Management Plan be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.  This plan is to address how the parking needs of the fraternity members will be accommodated,  how the on-site parking will be controlled and how parking will be accommodated during special events. A status report on implementation of the Transportation Management Plan shall be prepared annually and submitted to the Town Manager, and shall include a description of the parking arrangements currently in use by residents of the fraternity.

 

19.  Stormwater Management:  That the applicant submit a stormwater management plan for the site prior to issuance of a Zoning Compliance Permit.  Based on a 10-year storm the post-development stormwater run-off rate should not exceed the pre-development rate.  Stormwater calculations should be determined using the Town's HYDROS model.  A 25-year storm is required for design of facilities within State rights-of-way.

 

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

 

21.  Fuel Tank Removed:  That the underground fuel oil tank at the northwest corner of the building be removed prior to occupancy of the fraternity.

 

Miscellaneous Stipulations

 

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

 

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

 

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

 

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

 

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit for the Phi Gamma Delta fraternity house in accordance with the plans and conditions listed above. 

 

This the 7th day of July, 1997.

 

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 18E.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION DIRECTING THE TOWN MANAGER TO EXPLORE POSSIBILITIES FOR DEVELOPMENT OF A SERVICE ALLEY IN THE COLUMBIA STREET - CAMERON AVENUE AREA (97-7-7/R-18e)

 

WHEREAS, a number of fraternities are located in close proximity to each other along South Columbia Street and Cameron Avenue;  and

 

WHEREAS, provision of refuse collection services has been historically difficult in this area due to inadequate space for placing dumpsters with room for trucks to maneuver;  and

 

WHEREAS, the Town Manager has presented an idea for creation of a service alley in this area;

 

NOW, THEREFORE, BE IT RESOLVED that the Town Council directs the Town Manager to explore this idea further, and bring a report to the Council on steps that would need to be taken to create such an alley, along with cost estimates.

 

This the 7th day of July, 1997.

 

Item # 9      Sigma Sigma Sigma Addition Special Use Permit Application

 

Mr. Waldon presented an overview of the applicant’s proposal, noting that the transportation management plan requirements had been clarified.  He also said that the requirement to have a fire lane was considered too important to be waived.  Mr. Waldon noted that the staff recommended deletion of a proposed requirement that the applicant remove an old oak tree from a public area.

 

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

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO ADOPT RESOLUTION 19A.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION APPROVING AN APPLICATION FOR SPECIAL USE PERMIT FOR THE SIGMA SIGMA SIGMA ADDITION (File Number 80.D. 6) (97-7-7/R-19a)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council finds that the Special Use Permit proposed by Sara Louise Oldenburg, AIA, on property identified as Chapel Hill Township Tax Map 80, Block D, Lot 6, if developed according to the site plan dated  February, 1997 and the conditions below:

 

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

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

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

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

 

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

 

1.                  Modification of Subsection 13.11.2 of the Development Ordinance to allow 10,419 square feet of floor area.

2.                  Modification of Subsection 13.11.2 of the Development Ordinance to allow a three-foot setback on the eastern property line.

3.                  Modification of Subsection 14.6.7 of the Development Ordinance to allow a minimum of seven (7) parking spaces.

4.                  Modification of Subsection 14.12.6 of the Development Ordinance to allow modification of the buffer requirements on the east, west and north property lines.

 

The public purposes are that the sorority house is located adjacent to similar land uses and has provided student housing for many years.

 

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

 

Stipulations Specific to the Development

 

1.                  That construction begin by July 7, 1999 (two years from the date of Council approval) and be completed by July 7, 2000 (three years from the date of Council approval).

2.                  That the sorority provide residence to no more than 45 people.

3.                  Required Improvements: 

A.                 That the existing gravel drive near the western property line be paved at least ten (10) feet beyond the sidewalk along East Franklin Street; and that the Town Manager approve the pavement type prior to issuance of a Zoning Compliance Permit.

B.                 That the 50 foot x 14 foot fire lane be located within the western driveway and that two (2) parking spaces nearest East Franklin Street be removed if necessary to accommodate the fire lane.

C.                 That the following improvements be made in accordance with the Streetscape Master Plan:  installation of a raised brick edge along the sidewalk to contain mulch within the adjacent planting area, and installation of two new street trees within a bed of liriope.

D.                 That bicycle parking facilities be provided on the site.

 

Stipulations Related to State and Federal Government Approvals

 

4.                  State or Federal Approval(s):  That any required State or Federal permits or encroachment agreements be approved and copies of the approved permits and agreements be submitted to the Town of Chapel Hill prior to the issuance of a Zoning Compliance Permit.

 

Stipulations Related to Landscape Plan Requirements

 

5.                  Landscape Protection Plan:  That a Landscape Protection Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

6.                  Landscape Plan:  That a site lighting plan, a detailed landscape plan, and landscape maintenance schedule be approved by the Historic District Commission and the Town Manager prior to issuance of a Zoning Compliance Permit.

7.                  Alternative Buffers:  That the Historic District Commission approve alternative landscape buffers for the eastern, western and northern property lines prior to issuance of a Zoning Compliance Permit.

8.                  Final Plan Notes:  That the final plans include Town standard landscape protection notes and a note indicating that there will be a pre-construction conference with Town staff to discuss the details of any work to be performed within the public right-of-way.

Stipulations Related to Building Elevations

 

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

 

Stipulations Related to Water, Sewer and Other Utilities

 

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

11.              Utility/Lighting Plan Approval:  That the final utility/lighting plan be approved by the Orange Water and Sewer Authority, Duke Power Company, Public Service Company, BellSouth, Time Warner Cable and the Town Manager prior to issuance of a Zoning Compliance Permit.

 

Miscellaneous Stipulations

 

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

13.              Transportation Management Plan:  That a Transportation Management Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit, which addresses how the parking needs of the sorority members will be accommodated, how the on-site parking will be controlled, and how parking will be accommodated during special events.  An annual Transportation Management Plan shall be provided, addressing how the parking needs of the sorority are being accommodated, including the locations of off-site parking areas being utilized by sorority members.

14.              Refuse Management:  That a note be included on the final plans and a document recorded at the Orange County Register of Deeds Office indicating that refuse collection services will be private.  If a shared dumpster agreement is secured with a nearby property, this note can be removed and the dumpster agreement recorded in its place.

15.              Detailed Plans:  That final detailed site plans, grading plans, utility and lighting plans, stormwater management plans (with hydrologic calculations), and landscape plans and landscape maintenance plans be approved by the Town Manager prior to issuance of a Zoning Compliance Permit or application for final plat approval, and that such plans conform to plans approved by this application and demonstrate compliance with all applicable conditions and the design standards of the Development Ordinance and the Design Manual.

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

17.              Stormwater Management Plan:  That a detailed stormwater management plan, based on the Town’s HYDROS program, shall be submitted with applications for Zoning Compliance Permit for approval by the Town Manager.

18.              Construction Sign Required:  That the applicant post a construction sign that lists the property owners’ representative, with a telephone number, the contractor’s representative, with a phone number, and a telephone number for regulatory information prior to issuance of a Zoning Compliance Permit.

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

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

21.              Non-Severability:  That if any of the above conditions is held to be invalid, approval in its entirety shall be void.

 

This the 7th day of July, 1997.

 

Item #10   Sustainability Committee

 

Council Member Brown requested that the Council authorize the establishment of a task force on sustainability.  She noted that the memorandum before the Council this evening referenced three possible methods for selecting task force members.

 

Council Member Evans inquired how the Town’s different advisory boards, especially the Planning Board, would be involved with the proposed task force.

 

Council Member Andresen expressed her desire to see new people involved with the task force. She also suggested shortening the task force’s time frame to one year.   Council Member Brown said she would be willing to shorten the time period to one year, so long as there was an option for more time if needed. 

 

 Mayor Pro tem Brown said that she and Council Member Pavăo had estimated the time based on the schedule of the Energy Task Force, but would be willing to shorten the time as long as there was an option for more if the need arose.

 

Council Member Wiggins asked if there had been or would be any interface with the Shaping Orange County’s Future Task Force.  Council Member Brown said that more specific language could be added to the resolution, if the Council wished to do so.

 

Mayor Waldorf  inquired about the staff’s estimates of costs and staff time for the proposed committee. Mr. Horton said if the activities of the committee were similar to previous committees on sustainability, staff time would likely be limited to sending notices and attending meetings.

 

Noting that approximately one hundred and thirty indicators were involved,  Council Member Evans suggested that the proposal be evaluated by staff prior to Council action.  She also suggested that the Planning Board be given an opportunity to review the proposal, since much of what was being studied was within the Board’s jurisdiction.

 

Stating that the Planning Board currently had a very full plate of activities and that many sustainability principles transcended traditional planning, Council Member Pavăo said that the Planning Board would definitely be involved in sustainability-related efforts.

 

Council Member Pavăo reminded Council Member Evans that the Planning Board was very busy and that sustainability goes beyond the day to day approach to develop the Town, however they would definitely be involved.

 

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT RESOLUTION 20, AS AMENDED.

 

Noting that although she was not ready to vote against the proposal, it might be helpful to have specific additional information from staff regarding costs and timing.

 

Council Member Brown reiterated that the fifth charge contained language which included other boards and commissions, but that the content of this task force was not appropriate for only one board because it encompassed topics broader than planning, including economic, social and environmental aspects, which would all be taken into account.

 

Mr. Horton suggested that Town staff could take a look at the resolution while the task force was being put into place.   Mr. Horton said that staff could report back to the Council at its September 8th meeting.

 

Council Member Evans expressed her hope for extensive citizen comment and requested that language in the resolution be adjusted accordingly.

 

RESOLUTION 20, AS AMENDED, WAS ADOPTED BY A VOTE OF 8-1, WITH COUNCIL MEMBER EVANS VOTING NO.

 

A RESOLUTION ADOPTING A CHARGE TO AND STRUCTURE FOR THE TASK FORCE ON SUSTAINABLE DEVELOPMENT (97-7-7/R-20)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the following charge to and structure for the Task Force on Sustainable Development.

 

A. Structure of the Task Force

 

1.      The Council will appoint by September 8th a Chapel Hill Task Force on Sustainable Development.

 

2.      The Task Force will be convened by Joyce Brown and Lee Pavăo. 

 

3.      The Task Force will elect its own chair or co-chairs and vice chair, adopt its own procedures and committee structure, etc.

 

4.      The Task Force shall represent the diversity of our community.

 

5.      The Task Force will have about 20 members, all appointed by the Council.

 

6.      The Task Force will be charged to complete its work in one year, with the understanding that the Task Force could request and the Council could decide to extend the Task Force’s term.

 

B. Proposed Charge

 

1.      Using the documents created by Chapel Hill Sustainable Development Committees I, II and III and after receiving preliminary comments from citizens in a manner determined by the Task Force, draft a proposed set of principles of sustainable development for consideration by the Council by the winter of 1997-98 for inclusion as part of  the Comprehensive Plan, in coordination with the Shaping Orange County’s Future Task Force Report.

 

2.      Recommend priorities for implementing a data collection and reporting process for using  indicators developed by Sustainable Development Committee III with recommended additions, deletions and other changes to the indicators as the Task Force deems appropriate.

 

3.      Make recommendations to the Council on whether and how to include Sustainable Development indicators in the Comprehensive Plan, Development Ordinance and other Town policy documents.

 

4.      Propose mechanisms to share information and ideas regarding Sustainable Development efforts with the Orange County, Carrboro and Hillsborough local governments, with the Orange Water and Sewer Authority, and to the extent practical and useful with other localities in the Triangle area.

 

5.      Work with Town Boards and Commissions to support and encourage their understanding and consideration of sustainable development principles when appropriate and consistent with the Council’s policies embodied in the Development Ordinance, Comprehensive Plan and other policy documents.

 

This the 7th day of July, 1997.

 

Mayor Waldorf suggested option two for the selection process, with the understanding that existing board and commission members would be eligible for this task force.  Council Member  Brown requested that Dr. David Brower and Kit McGiniss be involved as they have already done a lot of work in conjunction with sustainability.  Council Member Evans indicated her desire to see University administration represented on the task force. 


 

Item #11 Solid Waste Collection

 

Council Member Brown inquired about the percentage of homes it would take to make once weekly roll-out cart service cost-effective and the pros and cons of requiring citizens to bag and prepare their garbage.

 

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT  RESOLUTION 21.

 

Council Member Andresen suggested amending the resolution, requesting that staff get information from at least two other communities of similar size and demographics having 

“pay as you throw” collection systems.

 

Council Member Evans also suggested contacting the City of Charlotte or another community which had implemented a combination roll-out and backyard pick-up collection system.

 

Mayor Waldorf said it was important for the collectors jobs to made more safe and sanitary, through having requirements such as requiring lids to fit refuse receptacles.

 

Noting that the scope of the information requested by Council Members was quite broad, Mr. Horton requested that the follow-up report be presented at the second Council  business meeting in September, rather than at the August 25th meeting.

 

THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION DIRECTING THE MANAGER TO PROVIDE INFORMATION REGARDING SOLID WASTE COLLECTIO N (97-7-7/R-21)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council directs the Manager to submit a report to the Council on September 22, 1997, regarding:

In order to continue our discussions of a possible change in our garbage collection system, a good place to begin would be to determine w

·        What percentage of homes would need to participate in a once weekly curbside collection system to make it cost effective (achieving a break-even point)?

 

·        What are the pros and cons of Other suggestions included requiring citizens to dispose of theirgarbage in plastic bags.?

 

This the 7th day of July, 1997.

 

                                    Item # 12    Status Report of  Horace Williams Tract

 

Council Member Capowski reported that the Horace Williams Committee was making progress and as soon as the final draft of the proposed ordinance and agreement were completed, he would share this information with the Council.

 

Council Member Andresen pointed out that Council Member Capowski’s list of remaining questions was significant.   She also suggested that it might be wise for the Town to contact Dwight Merriam for additional advice regarding complex zoning issues.

 

MAYOR WALDORF ANNOUNCED THE FOLLOWING APPOINTMENTS TO BOARDS AND COMMISSIONS:  WILEY SHEARIN TO THE APPEARANCE COMMISSION, DAVID LENT-BEWS TO THE BOARD OF ADJUSTMENT AND LUCIA ANDERSON TO THE PUBLIC ARTS COMMISSION.  MAYOR WALDORF NOTED  THAT THERE WERE STILL A NUMBER OF VACANT SEATS ON THE BOARD OF ADJUSTMENT, WHICH COULD BE CONSIDERED AT THE COUNCIL’S NEXT REGULAR BUSINESS MEETING ON AUGUST 25TH.  

 

Item #13    Status Report on Water and Sewer Boundary Discussions

 

Council Member Andresen presented a status report on the water and sewer boundary task force’s activities to date.  She noted that the task force was attempting to address funding equity questions regarding the provision of water and sewer services to all customers.

 

COUNCIL MEMBER PAVĂO MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, TO ADJOURN THE MEETING.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

The meeting concluded at 9:27 p.m.