SUMMARY OF A REGULAR MEETING HELD BY THE MAYOR AND COUNCIL OF  THE TOWN OF CHAPEL HILL, NORTH CAROLINA, MONDAY, SEPTEMBER 8, 1997

 

Mayor Waldorf called the meeting to order.  Council Members in attendance were Julie Andresen, Joyce Brown, Joe Capowski, Mark Chilton, Pat Evans, Richard Franck (arrived at 7:45 p.m.), Lee Pavao and Edith Wiggins. Also in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller,  Interim Parks and Recreation Director Bill Webster, Transportation Director Bob Godding,  Town Engineer George Small, Planning Director Roger Waldon and Town Attorney Ralph Karpinos.

 

Item 1  Ceremony

 

Mayor Waldorf read the following resolution of appreciation, honoring the service of Frederic Schroeder to the University upon the occasion of  his retirement. 

 

A RESOLUTION HONORING FREDRIC SCHROEDER ON HIS RETIREMENT FROM THE UNIVERSITY OF NORTH CAROLINA (97-9-8/R-1)

 

WHEREAS, Fredric Schroeder retired from the University of North Carolina on July 31, 1997 after thirty-three years of exemplary service to the University and the community; and

 

WHEREAS, Dean Schroeder worked closely and effectively with the Town and thereby strengthened the relationship between the University and the Town; and

 

WHEREAS, with great compassion, sensitivity and wisdom, Dean Schroeder assisted families of students who died in the 1996 Phi Gamma Delta fire, as well as other families who have suffered the loss of their children over the years; and

 

WHEREAS, Dean Schroeder has always been available whenever the Mayor, Manager, police officer or crisis counselor has called upon him;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby expresses its gratitude to and admiration of Dean Fredric W. Schroeder, Jr. for his years of dedicated service to the students of the University of North Carolina and for his support and assistance to the Town of Chapel Hill.

 

This the 8th day of September, 1997.

 

Expressing appreciation to Mr. Schroeder for his service,  Council Member Wiggins  moved the adoption of Resolution 1.  Council Member Evans seconded the motion.

 

RESOLUTION 1 WAS ADOPTED UNANIMOUSLY (8-0).

 

Item 3   Petitions

 

Irene Briggaman, a Town resident of thirty-three years, said she had spent a considerable amount of time driving along North Lakeshore Drive since 1964.   Referencing the speed humps on North Lakeshore Drive, she expressed concern that many citizens were being punished due to the actions of a few individuals.    Thanking the Town’s Engineering and staff in other departments, Ms. Briggaman presented a petition requesting that the Council direct Town staff to remove the speed humps on North Lakeshore Drive.

 

Transportation Board Chair Steve Manton, speaking on behalf of himself and his family, said that the Council had asked the Transportation Board to look at pilot sites for the installation of speed humps.   Stating that the speed  humps slowed down traffic on North Lakeshore Drive, Mr. Manton thanked the Council for their continued support of traffic safety and calming measures.

 

Stating that some form of traffic control, such as speed humps, was needed along this portion of North Lakeshore Drive, Anne Stuart, a twenty-year Town resident, said she was grateful that the Town had acted in this manner.   She also requested that the existing speed humps not be removed without having an alternative in place.

 

COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO

REFER THE CITIZEN’S PETITIONS TO TOWN STAFF.

Noting that many people had been tremendously irritated by stop signs on Elliott Road when they were initially installed, Council Member Andresen  noted that traffic in this neighborhood had slowed and the volume of traffic in the neighborhood had also decreased.

 

THE MOTION TO REFER WAS ADOPTED UNANIMOUSLY (8-0).

 

Mary Beth Jones, representing Mr. T.J. Crigler, presented a petition requesting the closure of Carolina Avenue.

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO RECEIVE AND REFER THE MATTER TO THE TOWN MANAGER FOR ANALYSIS.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

Council Member Andresen requested that item number seven title, be removed from this evening’s agenda.  Noting that she had recently spoken to OWASA Board Chair Barry Jacobs about this matter, Mayor Waldorf said that she concurred with Council Member Andresen’s suggestion.

 

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO REMOVE ITEM NUMBER SEVEN FROM THE AGENDA.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

Item 4.1  Consent Agenda

 

Mr. Horton requested the removal of the July 2nd minutes from the consent agenda.

 

Council Member Brown requested the removal of the July 3rd minutes from the consent agenda for the correction of an error regarding the seconding of a motion.

 

THE CONSENT AGENDA, EXCEPTING THE JULY 2ND AND 3RD MINUTES, WAS ADOPTED AS PRESENTED.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES

(97-9-8/R-2)

 

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

 

               a.     Minutes of May 27, June 9, 16, 23, 24, 27, July 2, 3 and 7.

               b.     Lower Booker Creek greenway trail (R-3).

               c.     Payment-in-lieu of Recreation Area funds (R-4).

               d.     Public Housing Management Assessment Program (R-5).

               e.     Change order for McCauley/Cameron sidewalk project (R-6).

               f.      Acquisition of right-of-way at U.S. 15-501 and Culbreth Road by North Carolina Department of Transportation (R-7).

               g.     Prorated refunds of Town’s motor vehicle privilege tax (R-8).

               h.     Budget amendment regarding additional UNC transit service (O-1).

               i.      Potential change in  Public Access Fees paid by Cable Television Customers (R-9).

               j.      Nominations to Bicycle Planning Task Force.

 

This the 8th day of September, 1997.

 

A RESOLUTION AUTHORIZING THE MANAGER TO PROCEED WITH PHASE II OF THE LOWER BOOKER CREEK TRAIL PROJECT,  DEVELOP A CONCEPTUAL PLAN FOR THE COUNCIL’S CONSIDERATION AND ALLOCATING $14,000 FROM EXISTING PAYMENT-IN-LIEU OF RECREATION AREA FUNDS (97-9-8/R-3)

 

WHEREAS, the North Carolina Department of Transportation has allocated $260,000 in construction funding for Phase II of the Lower Booker Creek Trail; and

 

WHEREAS, the Durham/Chapel Hill/Carrboro Metropolitan Planning Organization Council has allocated $56,000 for Phase II of the Lower Booker Creek Trail project; and

 

WHEREAS, Phase II of the Lower Booker Creek Trail would provide opportunities for non-motorized vehicle transportation and recreation; and

 

WHEREAS, significant opportunities for citizen input can be provided without using the Special Use Permit process;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to proceed with planning for Phase II of the Lower Booker Creek Trail in order to complete a conceptual plan for the Council’s later consideration.

 

BE IT FURTHER RESOLVED by the Council that $14,000 be allocated from payment- in-lieu of recreation area funds to match  $56,000 in Metropolitan Planning Organization direct allocation funds made available to the Town for the project.

 

BE IT FURTHER RESOLVED by the Council that the Manager is authorized to negotiate with landowners and to begin the process to acquire any necessary properties or easements needed for successful implementation of the project.

 

This the 8th day of  September, 1997.

 

A RESOLUTION ALLOCATING PAYMENT-IN-LIEU OF RECREATION AREA FUNDS TO VARIOUS PROJECTS  (97-9-8/R-4)

 

WHEREAS, the Town has collected payments-in-lieu of recreation area funds from various residential developments; and

 

WHEREAS, the value of funds are losing value; and

 

WHEREAS, the Town has numerous parks and recreation capital needs; and

 

WHEREAS, the residents of the affected residential developments should benefit from the payments-in-lieu of recreation area;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council allocates $2,054 for Jones Park playground enhancements, $10,810 for the Dry Creek Trail, and $6,232 for playground enhancements at Burlington Park from existing payment-in-lieu of recreation area funds.

 

This the 8th day of September, 1997.

 

A RESOLUTION APPROVING A PUBLIC HOUSING MANAGEMENT ASSESSMENT PROGRAM (PHMAP) CERTIFICATION (97-9-8/R-5)

 

WHEREAS, the U.S. Department of Housing and Urban Development requires the submission of a Public Housing Management Assessment Program (PHMAP) Certification; and

 

WHEREAS, the Department of Housing and Urban Development requires that the Council of the Town of Chapel Hill approve a Certification for fiscal year ending June 30, 1997.

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves the attached Public Housing Management Assessment Program (PHMAP) Certification.

 

This the 8th day of September, 1997.

 

 

A RESOLUTION AUTHORIZING THE MANAGER TO EXECUTE A FINAL BALANCING CHANGE ORDER FOR THE PITTSBORO STREET/McCAULEY STREET SIDEWALK IMPROVEMENT PROJECT (97-9-8/R-6)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to execute a final balancing change order for the Pittsboro Street/McCauley Street Sidewalk Improvement Project in the amount of $42,245.

 

This the 8th day of September, 1997.

 

A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE DOCUMENTS GRANTING A TEMPORARY CONSTRUCTION EASEMENT ON TOWN-OWNED PROPERTY ADJACENT TO CULBRETH ROAD TO THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION AS NECESSARY TO CONSTRUCT ROADWAY AND ASSOCIATED IMPROVEMENTS (97-9-8/R-7)

 

WHEREAS, the Town of Chapel Hill and the North Carolina Department of Transportation have agreed upon and funded a roadway improvement project for U.S. 15-501 South between Chapel Hill and Pittsboro; and

 

WHEREAS, certain rights-of-way and easements must be acquired by the North Carolina Department of Transportation to accommodate the roadway and associated improvements; and

 

WHEREAS, the Town owns a parcel of land adjacent to the Culbreth Road/U.S. 15-501 intersection on which a temporary construction easement is necessary; and

 

WHEREAS, the Town does not expect to receive compensation for said easement since the U.S. 15-501 South Improvement Project was both requested and endorsed by the Town;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Mayor is herewith authorized to execute documents granting a temporary construction easement to the North Carolina Department of Transportation as necessary to construct roadway and associated improvements.

 

BE IT FURTHER RESOLVED that the Council reserves the right for the Town or its agents to enter upon said easement as necessary for construction and/or maintenance of Town facilities.

 

This the 8th day of September, 1997.

 

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO ISSUE REFUNDS FOR TOWN MOTOR VEHICLE PRIVILEGE TAXES TO CHAPEL HILL RESIDENTS UPON PROOF OF SALE (97-9-8/R-8)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is hereby authorized to issue pro-rated refunds of Town Motor Vehicle Privilege Taxes to Chapel Hill residents upon proof that a vehicle subject to said tax has been sold.

 

This the 8th day of September, 1997.

 

AN ORDINANCE TO AMEND THE TRANSPORTATION DEPARTMENT BUDGET FOR FY 1997-98. (97-9-8/O-1)

 

BE IT ORDAINED by the Council of the Town of Chapel Hill, that the Budget Ordinance entitled "An Ordinance Concerning Appropriations and the Raising of Revenues for the Fiscal Year Beginning July 1, 1997" as duly adopted on June 23, 1997, is hereby amended as follows:

 

ARTICLE I

 

                                                  Current                                                                  Revised

APPROPRIATIONS                 Budget             Increase            Decrease              Budget

 

TRANSPORTATION

FUND                                     5,514,824        184,250                                        5,699,074

 

           

ARTICLE II

 

REVENUES

 

TRANSPORTATION             5,514,824        184,250                                        5,699,074

FUND                                    

 

This the 8th day of September, 1997.

 

A RESOLUTION REGARDING THE SUPPLEMENTAL PUBLIC ACCESS RATE FOR CABLE TELEVISION IN CHAPEL HILL (97-9-8/R-9)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council calls a public forum on October 27, 1997 to receive comments on whether the supplemental public access rate should be adjusted for inflation, continued at the present rate of 65 cents per month, reduced or eliminated.

 

BE IT FURTHER RESOLVED that the Council requests the recommendations of the Public Access Advisory Committee regarding potential adjustment to the public access rate.

 

This the 8th day of September, 1997. 

 

Item 4.2   Information Reports

 

Council Member Pavao requested the removal of item c from the information reports section for discussion.   Council Member Brown requested the removal of items a and b for discussion.  Council Member Andresen requested the removal of item g from the information reports section.

 

Item 5   Appointments to Boards and Commissions

 

Council Member Evans suggested that the Council wait until Council Member Franck arrived before voting on board and commission appointments.   Council Member Wiggins seconded the motion.    Stating that she hoped that the Council would appoint all applicants to the Noise Ordinance Study Committee, Council Member Brown suggested that the Council proceed with appointments to this committee.  She also suggested that the Council keep the process open for additional appointees to the Noise Ordinance Study Committee.

 

THE MOTION TO DEFER APPOINTMENTS TO THE BOARD OF ADJUSTMENT UNTIL LATER IN THE MEETING WAS ADOPTED UNANIMOUSLY (8-0).

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO APPOINT ALL NOISE ORDINANCE REVIEW COMMITTEE APPLICANTS TO DATE BY ACCLAMATION.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

Appointments to Orange-Chatham Work Group

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO APPOINT MAYOR WALDORF, COUNCIL MEMBER CAPOWSKI AND PLANNING BOARD CHAIR  JOHN HAWKINS OR HIS DESIGNEE AS THE TOWN’S REPRESENTATIVES ON THE ORANGE-CHATHAM WORK GROUP.  THE MOTION WAS ADOPTED UNANIMOUSLY  (8-0).

 

Council Member Franck arrived at 7:45 p.m.

 

Council Member Andresen suggested that the Work Group operate under the auspices of an agreement similar to the one used by the Durham-Chapel Hill Work Group.   Stating that this was a good idea, Mayor Waldorf said that she would bring a proposal on this matter before the Council on September 22nd.   Mayor Waldorf also encouraged Council Members to advise Council Member Capowski or herself about any items for possible inclusion on the Orange-Chatham Work Group’s proposed agenda.

 

Item 6   Northern Community Park

 

Mr. Horton presented an overview of the Council’s bond-related options relative to the Northern Community Park project.  He noted that the staff’s basic recommendation was to build all of the improvements in the park.   Interim Parks and Recreation Director Bill Webster stated that Town staff had worked closely with the Greenways and Parks and Recreation Commissions in developing plans for the Northern Community Park.

 

Council Member Capowski inquired whether or not $1 million in County bond funds were included in the staff’s funding assumptions for the project.  Mr. Horton said that the Town staff had chosen to be conservative in this regard and had chosen not to include this source of funds in its projections.   Council Member Capowski inquired about the projected cost of the gymnasium facility.     Mr. Webster said that staff estimated that the Northern Community Park Gymnasium facility would cost an estimated $5.1 million.

 

Council Member Brown inquired how much Orange County had allocated in its bond referendum for proposed park projects in the Town.  Mayor Waldorf said that the bond package set aside an estimated $1.5 million, which she hoped would be principally used for the Southern Community Park project.   Council Member Brown inquired about the estimated cost of a swimming pool facility.  Mr. Webster said that the estimated cost of a basic swimming pool, locker room and office facility would be $2.5 million, excluding an estimated $1 million for the cost of access roads and other related infrastructure.

 

Stating that the Town’s one indoor swimming pool was very well-utilized, Council Member Andresen said that having another such another facility was a priority item.  Council Member Andresen inquired which option would result in the least damage to the on-site creek during the construction process.  Ms. Robinson, the project’s engineering consultant, said that the best course of action would be to proceed with all construction at one time, rather than doing construction in phases, thereby necessitating redisturbance of some areas.  Council Member Andresen inquired how much stream buffering would be disturbed during construction of the proposed playing fields.  Ms. Robinson said it would be necessary to disturb at least fifty feet of buffering and possibly much more.  Council Member Andresen inquired about the estimated cost of the soccer fields.  Mr. Webster said that it was virtually impossible to isolate an estimated cost for this item.

 

Council Member Capowski inquired which was needed more by the community:  a gymnasium or a swimming pool.  Mr. Webster said that with the current construction of Hargraves Gym, there currently appeared to be greater community sentiment in support of an additional swimming pool facility.  Mayor Waldorf noted that the YMCA was currently working on a capital campaign program to raise funds for a new youth center and gymnasium facility.

 

Council Member Brown inquired whether or not it was correct that option a would facilitate the most expeditious building of a swimming pool facility.   Mr. Webster said that this was correct.  He added that Options b and c would provide for a basic or minimal park, including necessary infrastructure improvements.

 

COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 10A.

 

Council Member Franck inquired about proposed project financing mechanisms.    Assistant Town Manager Sonna Loewenthal presented an overview of the Council’s financing options, noting that Town staff was recommending the deferral of some other capital projects such as

streetscape, drainage assistance and curb and guttering in order to finance the Northern Community Park project in one phase, rather than handling the park project in two or three phases.

 

Stating that Option A looked a lot less attractive because of delays in the nuts and bolts of infrastructure,  Council Member Andresen inquired about the estimated cost overrun relative to Option B.   Ms. Loewenthal said that this overrun would be slightly less, with the possibility of keeping some money for land acquisition and improvements to the Police Department’s Building.

 

Stating that a large portion of the project involved grading, Council Member Capowski inquired about the extent of extra taxes necessary for undertaking the Northern Community Park project in phases.   Ms. Loewenthal said that Town staff did not have any such estimates.   Mr.  Horton said that rough grading would take place in Options A and B, but not Option C  He added that the cost of set-up for a contract could be very significant and that the cost of inflation was very difficult to predict.

 

Council Member Andresen said that if the Council elected Option A, the project would be a lot more expensive than anticipated.

 

Council Member Brown requested that staff review the Council’s debt options.   Mr. Horton reviewed the Council’s available options, including the possibility of taking on more debt more quickly.   Stating that this would necessitate a faster adjustment to the property tax rate, Mr. Horton said that he would not recommend this course of action.

 

Parks and Recreation Commission Chairperson Martin Feinstein said that the Commission had reviewed the proposal and had concluded that the proposed facilities in the Northern Community Park were needed by the community’s residents.

 

Council Member Franck said that Option C should be ruled out because it involved spending a lot of money for minimal returns.  He also stated that Option B would cost more than Option A to get something later.

 

Council Member Capowski inquired whether or not it was correct that proceeding with Option A and three $4.5 million bond installments would not be damaging to the Town in any way. 

 

Mayor Waldorf said it was not possible to do all of the bond projects at once without the need for a substantial tax increase.

 

RESOLUTION 10A WAS ADOPTED BY A VOTE OF 8-1, WITH COUNCIL MEMBER ANDRESEN VOTING NO.

 

A RESOLUTION ALLOCATING $3,257,542 FROM 1996 PARKS BONDS FOR THE CONSTRUCTION OF NORTHERN COMMUNITY PARK (97-9-8/R-10a)

 

WHEREAS,  construction of the Northern Community Park in a single phase would best serve the residents of Chapel Hill; and

 

WHEREAS, construction of the park in a single phase is estimated to cost $4,186,130; and

 

WHEREAS, the current project budget contains approximately $928,588;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that $3,257,542 be allocated from the 1996 Parks bond for the construction of the Northern Community Park.

 

This the 8th day of September, 1997.

 

Mr. Horton said he recommended that the Council adopt Resolution A relative to project bids.

 

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO ADOPT RESOLUTION 10.1A.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION ACCEPTING BIDS AND AWARDING THE CONTRACTS FOR THE CONSTRUCTION OF NORTHERN COMMUNITY PARK (97-9-8/R-10.1a)

 

WHEREAS, the Town of Chapel Hill has solicited formal bids by advertisement in the July 6, 1997 editions of the News and Observer and the Chapel Hill News/Village Advocate and in accordance with G.S. 143-128 for the construction work; and

 

WHEREAS, the following bids were received and opened on July 29, 1997:

 

GENERAL CONTRACTORS                                                BID AMOUNT

 

Clancy and Theys Construction Company                                 $3,403,700

Triangle Grading and Paving, Inc.                                              $4,361,110

 

ELECTRICAL CONTRACTORS

 

KAD Construction, Inc.                                                               $301,500

Walter Holmes Electric, Inc.                                                        $335,333

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town accepts the bids and awards contracts to Clancy and Theys Construction Company, General Contract ($3,207,700) and KAD Construction, Inc., Electrical Contract ($278,500) for a total amount of $3,486,200, for the construction of the Northern Community Park.

 

This the 8th day of September, 1997.

 

Council Member Evans said she was disappointed that the proposed project scheduling would necessitate having to reschedule $200,000 to $300,000 of streetscape projects.  Council Member Evans said she hoped that this funding for streetscape would be available in the future.

 

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO ADOPT RESOLUTION 10.2A1.

 

Council Member Wiggins noted that adoption of  these resolutions reflected the Council’s concentrated efforts on establishing a newly revitalized parks and recreation program.   Council Member Andresen inquired about the impacts on scheduling of greenways and open space acquisition projects.  Mr. Horton said that the same proposed program could be continued.

 

RESOLUTION 10.2A1 WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION REVISING THE SCHEDULE OF BOND SALES AND PROJECT IMPLEMENTATION FOR THE GENERAL OBLIGATION BONDS APPROVED IN 1996 (OPTION A)  (97-9-8/R-10.2a1)

 

WHEREAS, in 1996,  the voters of Chapel Hill approved five general obligation bond issues, totaling $13,500,00; and

 

WHEREAS, the Council of the Town of Chapel Hill adopted a schedule of bond sales and project implementation on May 12, 1997; and

 

WHEREAS, the bids for the Northern Community Park have come in above the budget and the Council wishes to amend that budget;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that such schedule is amended as follows:

 

SCHEDULE OF BOND SALES AND PROJECTS

OPTION A

 

Project

1997-8 &1998-9

Funding Phase I

1999-0 & 2000-1

Funding Phase II

2001-2 & 2002-3

Funding Phase III

Total

Streetscape

100,000

400,000

500,000

1,000,000

Drainage Projects

 

170,000

230,000

   400,000

Drainage Assistance

 

 40,000

 60,000

   100,000

Curbs

 

100,000

200,000

     300,000

Sidewalk/Bikeway

200,000

200,000

100,000

500,000

No. Community Park

3,260,000

 

 

3,260,000

Hargraves Gym

425,000

 

 

425,000

Community Center/Pool

 

 

1,315,000

1,315,000

 

Police Improvement

 

250,000

450,000

700,000

Fire Station/Truck

120,000

1,180,000

 

1,300,000

Bridge Replacement

180,000

250,000

270,000

700,000

PW Improvement

 

210,000

290,000

500,000

Open Space/Greenways

215,000

1,700,000

1,085,000

3,000,000

TOTALS

$4,500,000

$4,500,000

$4,500,000

$13,500,000

 

This the 8th day of September, 1997.

 

Council Member Capowski requested that Mayor Waldorf write a letter to the Orange County Board of Commissioners regarding the Council’s actions this evening about the Northern Community Park.  He also requested that the letter emphasize the importance of the County Commissioners designating $1 million in funding for the Northern Community Park project.

Council Member Evans said it was important that the County Commissioners allocate $1.5 million for the Southern Community Park project.

 

Noting that the Council would be receiving a presentation on the County’s bond referendum at the Council’s October 13th meeting,  Mayor Waldorf inquired about the Council’s wishes in this matter.   Council Member Andresen said she preferred that $1.5 million of  County funding be earmarked for the Southern Community Park project. Mayor Waldorf said that she would take under advisement the Council’s comments this evening in preparing a communication to the Orange County Board of Commissioners. 

 

Mayor Waldorf called upon Council Member Chilton for an announcement.  Council Member Chilton announced that he had recently passed the North Carolina State Bar Examination and was tentatively scheduled to be sworn in as a lawyer on Monday, September 15th.

 

                                       Item 8  Expedited Review Related Items

 

Planning Director Roger Waldon noted that the item contained a brief staff report on the Town’s process for expedited review of development projects.  Mr. Waldon also noted  that the Council was being asked to consider requests for expedited review by the Orange Community Housing Corporation (for affordable housing units) and the University of North Carolina (for a 2,300 seat expansion at Kenan Stadium). 

 

Council Member Andresen requested that the Council have a brief discussion regarding the Town’s expedited review process for development proposals.   Noting differing figures cited by Town staff, Council Member Brown inquired whether the typical review period for a special use permit application was six months or nine months.   Mr. Waldon said that staff’s latest estimate was that a “typical” special use permit application took nine months to reach the Town Council.

 

Council Member Andresen inquired whether or not granting expedited reviews caused a slowdown in the overall development review process.   Mr. Waldon said that the practical effect was to stretch out the schedule of when items might appear on board and commission and the Council’s hearing and review schedules.

 

Stating that she would likely support both requests, Council Member Wiggins said she was nonetheless uncomfortable equating additional seats at Kenan Stadium with the need for additional affordable housing.   Noting that it was a bit odd to be reviewing two such dissimilar requests at the same time,  Mr. Horton said that the University was not being asked to present

a justification for an entire stadium.

 

COUNCIL MEMBER FRANCK  MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 12.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION DIRECTING EXPEDITED PROCESSING IN THE REVIEW OF THE ORANGE COMMUNITY HOUSING CORPORATION’S APPLICATION FOR SPECIAL USE PERMIT TO CONSTRUCT 32 AFFORDABLE TOWNHOME UNITS WITHIN THE MEADOWMONT DEVELOPMENT (97-9-8/R-12)

 

WHEREAS, the Town of Chapel Hill has received a written request from the Orange Community Housing Corporation for expedited review of an application for a Special Use Permit to construct 32 affordable townhome units near the Village Center in the Meadowmont development; and

 

WHEREAS, the proposal is time sensitive, as the applicant is interested in coordinating the construction of the proposed townhome development with that of the first phases of the Meadowmont development for reasons of economic feasibility; and

 

WHEREAS, the Council supports the development of affordable housing projects within the Town;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is directed to expedite processing of the Orange Community Housing Corporation’s application for a Special Use Permit to construct 32 affordable townhome units within the Meadowmont development, in a manner that will speed review without sacrificing breadth or depth of analysis.

 

This the 8th day of September, 1997.

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO ADOPT RESOLUTION 13.

 

Stating that she shared Council Member Wiggins’ concerns, Council Member Andresen said she would not support this request for expedited review because it would take staff time away from other projects.  Council Member Wiggins inquired whether or not the University would realize any monetary  savings from expedited review of the Kenan Stadium expansion project.   Associate Vice-Chancellor Bruce Runberg said that the University was hoping to complete construction of the stadium expansion by August, 1998.  He also noted that the University was concerned that project construction costs could escalate over time.

 

Council Member Chilton expressed concern that adding 2,300 seats at Kenan Stadium would add at least 600 more cars to area roadways on days when the stadium was sold out.

 

Council Member Brown inquired when the project would come before the Council if the request for expedited review were granted by the Council.  Mr. Horton said that the proposal would come before the Council in the spring of 1998, rather than the late fall.  Council Member Brown inquired what other items would be delayed if the University’s request were granted.  Noting that the hearing schedule for 1998 was not yet set, Mr. Waldon said that there were currently eleven other special use permits in various stages of review.

 

UNC Student Body President Mo Nathan said that the proposed Kenan Stadium seat expansion would include 1,000 sorely needed additional student seats.   Mr. Nathan said that although University students paid athletic fees, many students were not able to attend football games at Kenan Stadium due to limited seating capacity.

 

Council Member Franck said that if the Council did not grant the University’s request for expedited review, it might give the appearance that the Town was exacting some type of revenge on the University.   Noting that not granting the request could possibly add a one year delay to the project’s review process, Council Member Franck said that it would be a shame not to approve the request.

 

Stating that her questions had to do with prioritizing, rather than exacting revenge, Council Member Brown said that she had been swayed by Mr. Nathan’s remarks.    Council Member Brown suggested that the Council have a discussion in the future regarding its policy for expedited review of development projects. 

 

Expressing her concurrence with Council Member Franck’s comments, Mayor Waldorf said that she would support the proposed resolution.

 

Council Member Andresen said that her motivation in voting against the request was solely a concern about discriminating against anyone.

 

RESOLUTION 13 WAS ADOPTED BY A VOTE OF 8-1, WITH COUNCIL MEMBER ANDRESEN VOTING NO.

 

A RESOLUTION DIRECTING EXPEDITED PROCESSING IN THE REVIEW OF THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL’S APPLICATION FOR SPECIAL USE PERMIT TO ADD 2,300 SEATS TO KENAN STADIUM (97-9-8/R-13)

 

WHEREAS, the Town of Chapel Hill has received a written request from the University of North Carolina at Chapel Hill for expedited review of the application for a Special Use Permit to add 2,300 seats to the west end of Kenan Stadium; and

 

WHEREAS, the application is for a public project;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is directed to expedite processing of the University of North Carolina at Chapel Hill’s application for a Special Use Permit to add 2,300 seats to Kenan Stadium, to allow a Public Hearing to be held as early as November, 1997, in a manner that will speed review without sacrificing breadth or depth of analysis.

 

This the 8th day of September, 1997.

 

                                 Item 9  Display of Materials in Town Buildings

 

Mr. Horton said that the Council could possibly identify areas in Town buildings for public forum type uses.   Mr. Horton said he would welcome the Council’s guidance in this regard.

 

Stating that persons wishing to do so could easily avoid the Town’s traditional public forum areas such as the Nationsbank Plaza area and the Post Office courtyard, Council Member Franck said that if the Council chose to designate areas outside of the Council Chamber as public forum areas, it would be hard for people to avoid these areas.  Council Member Franck said he liked the idea of outside forum areas at the Town Hall.

 

Mayor Waldorf stated that the Council could only specify when and where public forums could take place at Town facilities.   Council Member Capowski said he thought that the existing Town policy regarding opportunities for public forums did not require any changes.

    

Council Member Franck inquired whether or not there was any Council support for having an area outside of the Town Hall for public forums, with reasonable time and place restrictions.  Council Member Andresen said she would support this in concept.   Council Member Franck requested that the Manager investigate the possibility of designating one area outside the Town Hall for public forums with appropriate time and place regulations.    Noting that some past subjects of controversy in the community such as gun control had been very confrontational, Council Member Evans said that she would not be delighted at the prospect of possibly being confronted every time she came into the Town Hall.

 

Council Member Wiggins said she would support the proposed motion because she believed that if the subject were sufficiently intense, people would find a way to make their point.

 

Council Member Capowski said that between media coverage, access to the Town Council and existing public forums, there were plenty of opportunities for concerned citizens to lobby the Council.

 

Council Member Pavao inquired whether or not citizens could have a meeting in the Town Hall parking lot without the need for a permit.   Mr. Karpinos said that although the Town generally preferred to receive prior notice of such gatherings, the Town had no basis to deny citizens of the opportunity to hold this type of forum.  Mayor Waldorf said that Town staff went to great lengths to permit different types of assemblies to occur.

 

Council Member Chilton said he thought that the existing Town policy regarding public displays at Town Hall was a good way to deal with these matters.

 

Expressing the importance of the Council consciously seeing and reviewing public displays, Council Member Andresen said she favored the Council setting a policy on public displays at the Town Hall.  Council Member Brown said that she supported this proposal.

 

Council Member Chilton said that the Council could declare a small space, possibly at the entrance to the Town Hall, as a public forum space.   Mayor Waldorf said she agreed with this idea in concept.

 

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, FOR THE TOWN MANAGER TO BRING BACK A REPORT WITH OPTIONS FOR A PUBLIC FORUM AREA ON EITHER SIDE OF TOWN HALL, WITH ONE OUTDOOR AREA.  THE MOTION FAILED BY A VOTE OF 4-5, WITH COUNCIL MEMBERS  ANDRESEN, BROWN, FRANCK AND WIGGINS VOTING YES.

 

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, FOR STAFF TO IDENTIFY A SMALL AREA IN THE TOWN HALL FOR PUBLIC FORUMS, WITH LIMITATIONS ON THE SIZE OF THE FORUMS AND THE DURATION OF THE SAME.   THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

               Item 10  Potential Coordination of Parks and Recreation Services

 

Parks and Recreation Chairperson Martin Feinstein said he generally favored the coordination of taxpayer projects, with the use of school for parks needs being his primary concern.   Mr. Feinstein also asked that the Council request information regarding the concept of a parks district transcending county boundaries.

 

Council Member Brown inquired about the present involvement of local elected officials in the coordination of parks and recreation services.   Mayor Waldorf noted that there had been a discussion of the concept at an Assembly of Governments meeting approximately eighteen months ago.   Council Member Andresen said that Orange County Commissioner Alice Gordon had headed up efforts coordinating the siting of schools and various land uses.

 

COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 14.

 

Mr. Horton said that the Town of Carrboro, Town of Chapel Hill and Orange County Managers

were working on a report regarding the consolidation of  parks planning and facilities.  He added that the Town of Carrboro and Orange County did not have the same level of enthusiasm as Town officials about the possibility of consolidating parks and recreation services.   

 

RESOLUTION 14 WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION AUTHORIZING AN APPOINTMENT TO THE ORANGE COUNTY RECREATION AND PARKS WORK GROUP AND PARTICIPATION BY TOWN STAFF  (97-9-8/R-14)

 

WHEREAS, the Town of Chapel Hill, the Town of Carrboro, and Orange County have indicated some interest in coordinating recreation services and capital facility development; and

 

WHEREAS, Orange County has proposed that one method of exploring opportunities for coordination could be participation in efforts to develop a Joint Master Recreation and Parks Plan; and

 

WHEREAS, the Parks and Recreation Commission has indicated support for the general concept of cooperative planning;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council requires the Chapel Hill Parks & Recreation Commission to appoint a member of the Commission to serve as the Town’s representative on the Orange County Parks and Recreation Work Group and that the Manager is authorized to provide limited staff support for the participation of the member in the Work Group.

 

This the 8th day of September, 1997.

 

Discussion of  Information Reports Items

 

Item 4.2a 

 

Stating that the final plans for the Chapel Hill North project were approved after the originally schedule  date that construction was to begin, Council Member Brown said it would be helpful to establish standards that matters of this type would come back before the Council.

 

Council Member Andresen inquired what constituted a “significant” change.   Mr. Waldon said an example of a “significant” change would be a change of more than five percent of a project’s floor area.  Mr. Waldon said that the Chapel Hill North site plan was consistent with the Council’s approval.  He stated that the widening of NC 86 in this area had involved changes of some significance.   Council Member Brown said that nothing had be brought back to the Council about Chapel Hill North in this regard.  Mr. Waldon said that existing Town regulations did not require a matter such as the widening of NC 86 to come back to the Council for a public hearing.

 

Council Member Andresen said that some residents of Northwoods still felt very bitter about the outcome of buffers along NC 86.  Noting that a report on NC 86 had come back to the Council, Council Member Andresen said that the report did not reference changes in the Chapel Hill North development.   Mr. Waldon said that Northwoods residents were very much a part of the discussions regarding the widening of  NC 86.   He added that efforts had been made to take as much land as possible from the Chapel Hill North side of the roadway.  

 

Stating that the median on NC 86 would be significantly wider than originally proposed, Council Member Brown inquired whether or not there was interest on the Council to review buffering requirements for the proposed Chapel Hill North development.   Council Member Andresen said she was interested in having staff prepare a report for the Council outlining options on policy changes.

 

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO REQUEST THAT STAFF PREPARE A  REPORT OUTLINING THE COUNCIL’S OPTIONS FOR POLICY CHANGES AND NOTICES RELATIVE TO SIGNIFICANT CHANGES IN COUNCIL APPROVED DEVELOPMENT PROJECTS.

 

Stating that she did not believe that a one-page staff report on this matter would be very helpful, Council Member Wiggins said a more detailed report would likely be needed for the Council to

understand impacts on buffers and other related items.

 

Stating that some development projects were not necessarily being built as originally visualized,

Council Member Capowski said that he would support the proposed motion.  He inquired whether or not it was correct that the property on the east side of NC 86 had been taken from a buffer rather than from parking lots.   Mr. Waldon said that this was correct.   Council Member Capowski requested that the staff’s report including information about the possibility of using some property within the project, rather than out of the project’s  buffer.   Stating that the property owner had vested rights, Mr. Horton said it would be necessary to go through a condemnation process relative to Chapel Hill North.   He also stated that Town staff had convinced the developer to agree to provide much more extensive and expensive replanting on site, although it was not as good as a natural buffer.

 

Mayor Waldorf inquired what percentage of “minor” changes constituted project “improvements”.    Noting that there was some degree of judgment involved in these matters, Mr. Horton said that reasonable people could conclude that something was minor while others could conclude that the same thing was significant.  He said it would take a significant amount of work to report back to the Council in the manner requested.

 

Stating that there was no need to rush in handling this matter, Council Member Wiggins requested that the Council give this matter some thought.

 

Council Member Capowski inquired whether mixed-use developments consisted of a mix of commercial, office and residential uses.  Mr. Waldon said that the Town’s mixed-use ordinance required that 60-85% of the project be office uses, with the balance split between residential and retail uses.  He also noted that the mixed-use ordinance did not require the inclusion of residential use.  Council Member Brown said she hoped that staff would look at the issue of what constituted a change of major significance

 

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO REQUEST THAT THE MANAGER PREPARE A BRIEF REPORT TO THE COUNCIL WITHIN SIX MONTHS OUTLINING OPTIONS ON THE CONCERNS RAISED BY COUNCIL MEMBERS THIS EVENING, REGARDING CHANGES IN DEVELOPMENT PROJECTS AND CHANGING THE DEFINITION OF WHAT CONSTITUTED A “SIGNIFICANT” CHANGE.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Item 4.2b

 

Council Member Brown said that there had been considerable public concern that there had been no discussion about the fact that a portion of the Lowes’  site was not within the Town limits.  She requested that matters of this type be brought to the Council’s attention in the future.

 

Item 4.2c

 

Council Member Pavao said that additional stop signs were needed on North Lakeshore Drive as a means of addressing safety-related concerns.

 

COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT ORDINANCE ___.   THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

AN ORDINANCE AMENDING CHAPTER 21 OF THE TOWN CODE OF ORDINANCES

 

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

 

SECTION I

 

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

 

Intersection

 

North Lakeshore Drive/Honeysuckle Road/Brookview Drive

 

SECTION II

 

This ordinance shall become effective October 1, 1997.

 

SECTION III

 

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

 

This the 8th day of  September, 1997.

 

Item 4.2g

 

Council Member Andresen said that it was an excellent idea to provide access to as many documents as possible on the Town’s Internet site in the future.

 

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER

PAVAO, FOR THE COUNCIL TO GO INTO CLOSED SESSION TO DISCUSS LITIGATION AND PERSONNEL MATTERS.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

The regular business meeting concluded at 10:12 p.m.  No public report followed the closed session.