MINUTES OF A REGULAR MEETING OF THE CHAPEL HILL TOWN COUNCIL, MONDAY, OCTOBER 13, 1997 AT 7:00 P.M.

 

Mayor Waldorf called the meeting to order at 7:03 p.m.   Council Members in attendance were Joyce Brown, Joe Capowski, Mark Chilton, Pat Evans, Richard Franck, Lee Pavăo and Edith Wiggins.  Council Member Julie Andresen was absent excused.  Also in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Library Director Kathleen Thompson, Planning Director Roger Waldon, Public Works Director Bruce Heflin, Town Engineer George Small, Solid Waste Director Gayle Wilson and Town Attorney Ralph Karpinos.

 

There were no ceremonies or public hearings.

 

Item 3  Petitions

 

Art Dodd urged the Council to give high priority status to the installation of sidewalks or walkways along Weaver Dairy Road.  Noting that funding of sidewalks along Weaver Dairy Road was projected for the year 2003, Council Member Evans inquired about the possibility of

receiving earlier State funding for this project.  Mr. Horton noted that the Town would need to consult with the local transit funding partners to see whether or not they would be willing to move this project up on the regional transit priority project listing.  Mayor Waldorf said that she supported Mr. Dodd’s request.

 

Council Member Brown inquired whether or not it was correct that about $100,000 had been earmarked for this project several years ago.  Mr. Horton said that this funding had been for walkway projects associated with East Chapel Hill High School and another near the Chesley development.   Council Member Brown requested that Town staff provide an update on funding possibilities for the Weaver Dairy Road sidewalk projects.  Council Member Wiggins requested that staff examine alternative options other than a full sidewalk along Weaver Dairy Road.

 

COUCNIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO REFER THE MATTER TO STAFF FOR A FOLLOW-UP OPTIONS REPORT AND GIVING THE PROJECT PRIORITY STATUS, TO THE EXTENT POSSIBLE. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

COUNCIL MEMBER PAVĂO MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO REFER A PETITION FROM FIRESIDE DRIVE RESIDENTS REGARDING STREET LIGHTING TO TOWN STAFF.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

Ronald Gittelson, a resident of Old Oxford Road, said that he and many of his neighbors were concerned about the safety of  pedestrians, including children, along a portion of Old Oxford Road which did not currently have sidewalks on either side.

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO REFER THE MATTER TO STAFF.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

John McCormick, attorney for the Chapel Hill-Carrboro School Board, requested the Town’s permission to begin clearing and rough grading of a portion of the Southern Village Elementary School site as soon as possible.  Noting that she had consulted with Town Attorney Karpinos about this petition earlier in the day, Mayor Waldorf said that the Council could act on the matter this evening, if it wished to do so.  Council Member Evans inquired whether or not Town planning staff had reviewed the request.  Mr. Horton said that Town staff would review the matter administratively and would ensure that clearing of the land would take place appropriately.

 

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER FRANCK, TO APPROVE THE REQUEST OF THE CHAPEL HILL-CARRBORO CITY SCHOOLS, TO PROCEED WITH ROUGH GRADING OF THE SOUTHERN VILLAGE SCHOOL SITE IMMEDIATELY.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

Dr. Gerald Drake presented remarks urging the Council to adopt a position opposing NASA’s planned launch of the Cassini  Saturn space probe.  Stating that Town staff was not equipped to evaluate the risks or benefits of the proposed space probe, Council Member Capowski suggested that Dr. Drake’s petition be received by the Council.  There was no second to this motion.

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO RECEIVE AND REFER DR. DRAKE’S PETITION.

 

Council Member Franck said he would be pleased to draft a resolution regarding this matter for the Council’s next regular business meeting.

 

THE MOTION TO RECEIVE AND REFER WAS ADOPTED BY A VOTE OF 7-1. WITH COUNCIL MEMBER CAPOWSKI VOTING NO.

 

Council Member Chilton requested that staff review and report back to the Council about the street signs and post office addresses of portions of North Columbia Street and Clark Road.

 

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO REFER THE MATTER TO STAFF FOR A FOLLOW-UP REPORT.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

Referencing a recent informal Council discussion prior to a closed session, Council Member Chilton read passages from the Oxford English Dictionary and related works regarding the meaning of the phrase “hoisted on his own petard”.

 

Mayor Waldorf invited interested persons to volunteer in the Hurricane Fran community clean-up days activities on October 24th and 25th. 

 

Council Member Wiggins requested the removal of item f from the consent agenda.

 

COUNCIL MEMBER FRANCK MOVED,  SECONDED BY COUNCIL MEMBER PAVĂO, TO ADOPT THE CONSENT AGENDA, EXCEPTING ITEM F.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES

(97-10-13/R-1)

 

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

 

a.         Minutes of August 25, September 5, 8 and 15.

b.        Calling October 21st special meeting and November 18th joint meeting with Durham City Council (R-2).                

c.         Deleted.

d.        Renewal of Teen Center lease agreement (R-4).               

e.         Calling hearing on Burning Tree Drive assessments (R-5) .

f.          Removal of on-street parking on Willow Drive (O-1).

g.         Amendment of household hazardous waste contract (R-6).

h.         Proposed Fee to recover video equipment capital costs (R-7).

i.           Amendment to the 1997-1998 Community Development Program (R-8).

j.          Town flag dedication (O-2).  Council Member Wiggins.

k.        Bid: Public Works underground fuel tank and Automated Fuel Dispensing System Replacement (R-9).

l.           Lexus ES 300 bid award (R-9.1).

m.       Deleted.

 

This the 13th day of October, 1997.

 

A RESOLUTION CALLING TWO SPECIAL TOWN COUNCIL MEETINGS

(97-10-13/R-2)

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby schedules the following meetings:

 

*               A special meeting on Tuesday, October 21st at 6:00 p.m. in the First Floor Conference Room of the Chapel Hill Town Council for the purpose of going into closed session to discuss the annual performance evaluation of the Town Manager and the Town Attorney.

*               A joint meeting on Tuesday, November 18th at 7:30 p.m. in the City of Durham Council Committee Room at the Durham City Hall for the continuation of discussions regarding the U.S. 15-501 major investment study.

 

This the 13th day of October, 1997.

 

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO RENEW A LEASE FOR A PORTION OF THE POST OF­FICE/COURT BUILDING FOR USE AS A TEEN CENTER (97-10-13/R-4)

 

WHEREAS, the Council of the Town of Chapel Hill, in April, 1984, pursuant to G.S. 160A-272, authorized the Manager to enter into a lease for a portion of the Post Office/Court Building for a Teen Center; and

 

WHEREAS, Franklin Street Teen Center, Inc. entered into a renewal lease with the Town for approximately 2,400 square feet of space in the basement of the Post Office/Court Building on June 1, 1996, and has requested that the lease be renewed;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager, on behalf of the Town, to enter into an annual renewal agreement for the lease to the Franklin Street Teen Center, Inc. of ap­proximately 2,400 square feet in the basement of the Post Office/Court Building, at 179 East Franklin Street, for the operation of a Teen Center, said agreement to contain language substantially the same as contained in the attached lease agreement.

 

BE IT FURTHER RESOLVED that the lease include language authorizing:

 

·        the Town Manager to renew the lease annually beginning October 13, 1997, as long as the Center requests such a renewal in a timely manner and agrees to conditions established in the lease agreement and circumstances have not changed substantially, and

 

·        either party to cancel the lease agreement with or without cause by notifying the other party in writing of such termination one hundred twenty days prior to the termination date.

 

This the 13th day of October, 1997.

 

A RESOLUTION CALLING A PUBLIC HEARING ON THE PRELIMINARY ASSESSMENT ROLL FOR BURNING TREE DRIVE STORMDRAINAGE IMPROVEMENTS (97-10-13/R-5)

 

WHEREAS, total project costs have been compiled for storm drainage improvements on Burning Tree Drive; and

 

WHEREAS, a preliminary assessment roll has been established for this project and is on file with the Town Clerk;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council herewith calls a public hearing on November 17, 1997 in the Town Hall, 306 North Columbia Street, to hear comments on the preliminary assessment roll for storm drainage improvements on Burning Tree Drive.

 

This the 13th day of October, 1997.

 

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO  AMEND  THE CURRENT CONTRACT WITH LAIDLAW ENVIRONMENTAL SERVICES, INC. FOR DISPOSAL OF HOUSEHOLD HAZARDOUS WASTES (97-10-13/R-6)

 

WHEREAS, the Town of Chapel Hill has successfully participated in an contractual agreement with Laidlaw Environmental Services, Inc. to collect and dispose of hazardous household wastes in the four-county region; and

 

WHEREAS, the Towns of Chapel Hill and Carrboro, the City of Durham, Chatham, Durham, Orange and Wake Counties have participated in this contractual agreement for three years; and

 

WHEREAS, the aforementioned Agreement has been successful in establishing and maintaining a program for the collection of household hazardous waste and education of the public concerning household hazardous waste; and

 

WHEREAS, these same governing boards wish to amend the aforementioned agreement so as to provide for automatic renewal of this Interlocal Agreement unless a governing body wishes to withdraw;

 

NOW, THEREFORE BE IT RESOLVED by the council of Chapel Hill, that the Town Manager is authorized to execute the amendment to the CONTRACTUAL AGREEMENT FOR DISPOSAL OF HOUSEHOLD HAZARDOUS WASTE dated August 8, 1994  so that:

 

·        the contract is renewed for three years beginning October 4, 1997,

 

·        prices for disposal of the hazardous materials as displayed in the Pricing Addendum are to be lowered by Laidlaw as much as possible during the term of the contract through identification of alternatives for disposal,  puncturing and draining aerosol cans for recycling, seeking lower cost supplies and consolidating paint as much as possible. (Continued reduction of cost per capita is to be used as an indication of satisfactory performance.) , and

 

·        Laidlaw shall provide sponsors (signers of this contract) with  a list of all notifications, violations, warnings, and/or citations for each firm, hauler or facility used by Laidlaw in handling materials from this program.

 

 

This the 13th day of October, 1997.

 

A RESOLUTION ADOPTING A FEE TO RECOVER CAPITAL COSTS OF VIDEO EQUIPMENT IN THE COUNCIL CHAMBERS (97-10-13/R-7)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the following policy:

 

Governmental entities such as the Board of Education, OWASA Board of Directors and County Commissioners shall be required to pay a fee of $100 per meeting for use of the Town’s video equipment in the Council Chamber.

 

The fee shall apply to private individuals for open meetings where Town video equipment is used for cablecasts, videotaping or other purchases if and as may be allowed under Town policies regarding use of the Chamber including the Town’s right to designate the video production persons authorized to operate the Town’s equipment.

 

The fee shall not apply to private non-profit groups using the Chamber for allowable public purposes such as meeting to inform the community about matters of public interest.

 

The fee shall not apply to Town boards and commissions.

 

This the 13th day of October, 1997.

 

A RESOLUTION AMENDING THE 1997-98 COMMUNITY  DEVELOPMENT PROGRAM (97-10-13/R-8)

 

WHEREAS, the Town has an on-going interest in community development activities in Chapel Hill; and

 

WHEREAS, on April 7, 1997 and April 28, 1997, the Council received a request from the Resident’s Council for transportation for public housing residents related to children’s education programs and adult training; and  

 

WHEREAS, on August 25, 1997, the Council adopted a process to amend the 1997 - 98 Community Development program and budget program income to purchase the van; and

 

WHEREAS, on September 22, 1997, the Council held a public hearing on a proposed amendment that would budget $25,000 of Community Development program income to purchase a van for the Chapel Hill - Carrboro Resident’s Council;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves an amendment to the 1997 - 98 Community Development Block Grant program to budget $25,000 of program income to purchase a van for the Chapel Hill - Carrboro Resident’s Council.

 

BE IT FURTHER RESOLVED that the Council authorizes the Town Manager to submit an amended Consolidated Plan to the  U.S. Department of Housing and Urban Development to reflect this amendment.

 

This the 13th day of October, 1997.

 

AN ORDINANCE TO AMEND THE 1997 - 98 COMMUNITY DEVELOPMENT ENTITLEMENT PROGRAM PROJECT ORDINANCE (97-10-13/O-1.1)

 

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 is hereby amended to read as follows:  

 

SECTION I

 

The projects authorized are the Community Development projects as approved by the Council on April 28, 1997: funds are as contained in the Funding Approval and Grant Agreement between the Town and the U.S. Department of Housing and Urban Development (HUD).  The projects are known more familiarly as the 197 Entitlement Community Development Block Grant.  The grant activities include neighborhood revitalization, rehabilitation of public housing, and support of organizations that provide community services to low-income residents. 

 

SECTION II

 

The Manager of the Town of Chapel Hill is hereby directed to proceed with the grant project within the terms of the grant document (s), the rules and regulations of the U.S. Department of Housing and Urban Development, and the budget contained herein. 

 

SECTION III

 

The following revenues are anticipated to complete this project:

 

                                                                        Current Budget Revised Budget

Community Development Grant                        $455,000                     $455,000

Program Income                                               $ 18,808                      $  43,808

            TOTAL                                                $473,808                     $498,808

 

SECTION IV

 

Appropriations for the project are amended to include the following for the 1997 - 98 grant year:

 

Rehabilitation of Public Housing:            $278,000

Neighborhood Revitalization:                 $  45,000

Development Costs:                              $  40,000

Job Training:                                         $  38,000

Community Services:                            $  30,000

Public Improvements:                            $  10,000

Program Administration:                        $  57,808

                                    Total                                        $498,808

 

SECTION V

 

The Finance Director is hereby directed to maintain within the Grant Project Fund sufficient specific detailed accounting records to provide the accounting to the U.S. Department of Housing and Urban Development as required by the grant agreement(s) and federal and State regulations.

 

SECTION VI

 

Copies of this project ordinance shall be entered into the minutes of the Council and copies shall be filled with in five days of adoption with the Manager, Finance Director and the Town Clerk. 

 

This the 13th day of October, 1997.

 

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR FISCAL YEAR BEGINNING JULY 1, 1997 (97-10-13/O-2)

 

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

 

ARTICLE I

 

                                                Current                                                 Revised

APPROPRIATIONS               Budget             Increase           Decrease          Budget

 

GENERAL FUND

            Mayor/Council 165,656                 975                                    166,631

 

            Non-Departmental

               Contingency              93,435                                           975             92,460

 

 

This the 13th day of October, 1997.

 

A RESOLUTION ACCEPTING THE BID OF UNDERGROUND FUEL TANK AND AUTOMATED FUEL DISPENSING SYSTEM REPLACEMENT (97-10-13/R-9)

 

WHEREAS, the Town of Chapel Hill has solicited formal bids by legal notice in The Chapel Hill News/Village Advocate Classifieds on July 19, 1997, in accordance with General Statute 143-129 for an Underground Fuel Tank and Automated Fuel Dispensing System Replacement; and

 

WHEREAS, the following bids were received and opened on August 15, 1997:

 

            VENDOR                                                                    BID

 

(Automated Control System Only)       

 

Beneficial Electrical Association, Inc.                             $23,620

Jonesville, Virginia

 

Alternate Bid                                                    $15,175

 

Interlink Research, Inc.                                                 $33,755

Phoenixville, Pennsylvania

 

(Complete Project Bids)

 

Jones & Frank Corp.                                                                $133,881

Raleigh, North Carolina

 

Southern Pump & Tank Company                                            $153,958.25

Greensboro, North Carolina

 

Petroleum Equipment & Service, Inc.                            $165,984.76

Greensboro, North Carolina

 

Southeastern Petroleum Systems, Inc.                           $206,064

Charlotte, North Carolina

 

Alternate Bid                                                    $190,063.10

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town accepts the bid of Jones & Frank Corporation in the amount of $133,881.

 

This the 13th day of October, 1997.

 

A RESOLUTION ACCEPTING BID FOR 1995 LEXUS ES300 (97-10-13/R-9.1)

 

WHEREAS, the Town of Chapel Hill has solicited formal sealed bids by legal advertisement in The Chapel Hill News/Village Advocate Classifieds on August 31, 1997 in accordance with General Statutes 160A-266 for a 1995 Lexus; and

 

WHEREAS, the following bid was received and opened on September 18, 1997:

 

            BIDDER                                                                      BID

 

J. Kevin Huggins                                                           $18,050.00

Chapel Hill, N. C.

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town accepts the bid of J. Kevin Huggins in the amount of $18,050.00 in response to the Town’s request for bids published August 31, 1997 and opened September 18, 1997.

 

This the 13th day of October 1997.

 

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1997” (97-10-13/O-2.1)

 

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

 

ARTICLE I

 

                                                Current                                                             Revised

APPROPRIATIONS               Budget             Increase           Decrease                      Budget

 

GENERAL FUND

 

            Police                           6,299,982        18,050                                                 6,318,032

 

 

ARTICLE II

 

GENERAL FUND

 

            Other Revenue      35,725        18,050                                                     53,775

 

 

This the 13th day of October, 1997.

 

Item F   Removal of  Willow Drive Parking Restrictions

 

Town Engineer George Small said that Town staff believed that the request from the Willow Terrace Association was a reasonable one.  Council Member Evans inquired about the genesis of these parking restrictions.  Mayor Waldorf said that some time ago she had heard complaints from citizens about peak-time traffic congestion at the intersection of U.S. 15-501 and Willow Drive.  Mr. Small said that Town staff could initiate some striping in the area, while remaining in compliance with North Carolina Department of Transportation (NCDOT) regulations.  Rob Sakowitz, representing the Willow Terrace Association, said that some compromise was needed in handling this matter.

 

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, TO REFER THE MATTER TO TOWN STAFF FOR REDRAFTING OF A PROPOSED ORDINANCE ON THE MATTER.

 

Council Member Evans made a friendly amendment, requesting that staff proceed with the modification in parking restrictions.  Council Member Franck said he desired for the matter to come back before the Council.

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, TO HAVE STAFF PROCEED WITH THE MODIFICATION IN PARKING RESTRICTIONS AND RELATED ORDINANCE.

 

THE SUBSITTUTE MOTION PASSED BY A VOTE OF 5-3, WITH COUNCIL MEMBERS BROWN, CHILTON AND FRANCK VOTING NO.

 

THE MAIN MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES

 (97-10-13/O-1)

 

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

 

SECTION I

 

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

 

STREET                      SIDE                FROM                         TO

 

Willow Drive                North               The centerline of           A point 680 feet west of the

                                                            US 15/501                   centerline of US 15/501

 

SECTION II

 

This ordinance shall become effective November 1, 1997.

 

SECTION III

 

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

 

This the 13th day of October, 1997.

 

Item 4.2    Information Reports

 

Council Member Capowski requested the removal of item b for discussion later in the meeting.

 

Item 5  Appointments to Sustainable Development Task Force

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO APPOINT ALL APPLICANTS TO THE SUSTAINABLE DEVELOPMENT TASK FORCE.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

Council Member Wiggins said that she wished to serve on the Task Force.

 

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO APPOINT COUNCIL MEMBER WIGGINS TO THE TASK FORCE.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

Item 6   Orange County Bond Referendum

 

Utilizing a multi-media presentation, Orange County Commissioner Margaret Brown and Orange County Manager John Link presented an overview of the proposed referendum

 

Council Member Evans inquired about the County’s contingency plan in the event of a longer duration downturn in sales tax revenues.  Mr. Link said that although County officials were confident with projected one-half cent sales tax revenues for the next twenty years.  He added that if there were a sharp downturn in sales tax revenues, it would be necessary to use property tax revenues.

 

Council Member Evans inquired whether or not it was correct that it would only cost $1.6 million to replace the existing senior center.  Mr. Link said this cost projection was based on existing square footage and did not include land purchase costs.  Council Member Evans asked whether or not it was correct that the Skills Center had already been funded by the County Commissioners.  Mr. Link stated that a payment schedule for the building itself had been set up, with contingencies for possible upgrades.  Council Member Evans suggested the possibility of pursuing the purchase of a district park in an area such as around the Cane Creek reservoir.  Mr. Link said that the County Commissioners had not chosen to specify possible park acquisition options.  Commissioner Margaret Brown said that the County Commission was interested in coordinating future park plans with the Orange Water and Sewer Authority.  Commissioner Brown also said she also hoped that bonds for the Northern Community and Southern Community Park projects would receive voter approval.

 

Mayor Waldorf thanked Commissioner Brown and Mr. Link for their presentation and response to Council questions and concerns.

 

Item 7   Report by Library Board of Trustees and Chapel Hill Library Foundation

 

Library Board of Trustees Chair Fred Black said that the Library Board and Foundation were asking for a method to direct library-related resources over the next five to ten years.  Chapel Hill Library Foundation Chair Bob Woodruff said that the Foundation would work closely with the Library Board and Friends of the Library to ensure that gifts to the library were utilized in accordance with the wishes of individual donors.  Mr. Woodruff said that anyone wishing to make a donation to the Chapel Hill Public Library could contact Library Director Kathleen Thompson or himself.  Mr. Black said that a task force on library resource allocation issues comprised of fourteen members would report back to the Council within one year.  He added that former Mayor Kenneth S. Broun had expressed his willingness to serve as the Task Force’s chair.

 

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

 

A RESOLUTION REGARDING ESTABLISHMENT OF A LIBARRY NEEDS ASSESSMENT TASK FORCE FOR THE CHAPEL HILL PUBLIC LIBRARY

(97-10-13/R-10)

 

WHEREAS, the Library Board of Trustees and the Chapel Hill Public Library Foundation believe that more information is needed to direct Chapel Hill’s public library resources and development over the next 5-10 years; and

 

WHEREAS, the Public Library Association and the North Carolina Library Association’s Standards Committee have developed new performance measures which include new technologies and services now available to libraries; and

 

WHEREAS, the current service measures used to evaluate library performance are 10 years old and do not include new technology measures;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Council establishes a Library Needs Assessment Task Force to identify community needs and short and long term public library service needs and report back within a year.

 

BE IT FURTHER RESOLVED that the Task Force include representation from the Town Council (2), Library Board of Trustees (3), Chapel Hill Public Library Foundation (3), the Friends of the Chapel Hill Public Library (3) and the university and community at large (3); and that they follow the format and guidelines set out in the new Public Library Association Service Measures and in the recently revised North Carolina  Library Standards. 

 

This the 13th day of October, 1997.

 

Item 8  Solid Waste Matters

 

Mr. Horton presented an overview of the status of the community’s efforts to site future solid waste facilities.  He noted that last Thursday Town staff had attended a meeting with representatives from Duke University and the United States Government pursuant to which they learned that Duke University had filed an easement in favor of NASA on landfill candidate “OC #17”.  Mr. Horton said in light of this situation, the Town had four basic options as its next step: (1) request that Duke University reconsider its decision to grant the easement to NASA,  (2)  ask NASA for an administrative release of their easement, (3) initiate legal proceedings to gain access for testing of the property, or (4) eliminate site #17 from further consideration as a possible landfill site.  Mr. Horton also stated that the local governments in Orange County could possibly meet on October 22nd to make decisions on matters such as the possible provision of benefits to persons living near the existing Orange Regional Landfill.  He added that given the new information about the NASA/Duke easement, there was no need to hold a public hearing on site #17 demographic matters.   Mr. Horton concluded his introductory remarks by noting that some type of  solid waste facility, such as a materials recovery facility, transfer station or landfill would need to be located in or near Orange County at some time in the near future.

 

B.B. Olive said that he was willing to work hard to resolve Orange County’s solid waste problems.  Mr. Olive also urged the Council to look for a waste management site to house a facility or facilities such as a landfill, transfer station or materials recovery facility.

 

Gary Carver, a resident of Blackwood Mountain, said that the Council needed to explore landfill alternatives.  Mr. Carver also urged the Council to approve the recommendations of the Landfill Working Group relative to the compensation of Orange County Landfill neighbors.  He also expressed concern that the County’s health-related ordinances were not being followed relative to covering loads and cleaning up litter at and near the landfill site.  Finally, Mr. Carver said that the existing landfill needed to be closed, with no further expansion.

 

Cecil Griffin said he had been very actively involved with the Landfill Working Group on compensation package matters.  Mr. Griffin said that local elected officials needed to compensate neighbors for damages for the past twenty or more years.  Mr. Griffin also said that water on land in the vicinity of the Orange County landfill drained to the northeast, rather than to the northwest, as indicated in documents before the Council this evening.

 

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 11.1, EXPRESSING THE COUNCIL’S CONCURRENCE WITH THE PROPOSED ASSEMBLY OF GOVERNMENTS MEETING ON OCTOBER 22ND.

 

Mayor Waldorf said it would be helpful to begin discussing community benefits matters as soon as possible.  Council Member Pavăo said he thought it was a good idea to proceed with this matter as soon as possible.  Council Member Brown said that the Council needed to be thinking about the entire array of solid waste matters.

 

RESOLUTION 11.1 WAS ADOPTED UNANIMOUSLY (8-0).

 

A RESOLUTION CALLING AN ASSEMBLY OF GOVERNMENTS MEETING

(97-10-13/R-11.1)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby schedules the following meeting:

 

*        Wednesday, October 22nd at 7:00 p.m. at the OWASA Community Room for the purpose of discussing the Landfill Owners’ Group/Landfill Neighborhood Working Group’s list of community benefits and other solid waste related matters.

 

This the 13th day of October, 1997.

 

Council Member Capowski inquired whether or not there was sufficient land in the area to build a materials recovery facility and/or a transfer station.  Mr. Wilson said if the Green tract were included, there would certainly be sufficient land for a materials recovery facility or a transfer station.   Council Member Capowski inquired whether or not either type of facility would pose FAA-related problems.  Mr. Wilson said while there would be no problem with a materials recovery facility, he was not sure whether or not a transfer station would pose any aviation restriction related problems.

 

Council Member Capowski requested that Town staff provide the Council with a brief report on the City of Durham’s recently announced solid waste disposal contract.  Mr. Wilson noted that the $24.50 per ton fee was only for disposal and hauling, and did not include transfer station’s capital or operating costs.   Council Member Capowski asked that staff to provide a report on what Orange County would need to build and how it could do so if Orange County were to follow an approach similar to Durham’s recent solid waste contract.

 

Council Member Brown requested that staff develop a list of many solid waste options as possible prior to the October 22nd Assembly of Governments meeting. 

 

Council Member Chilton said that the Town Council  was on record about its morally-binding promises regarding use of the Green tract.  Mayor Waldorf said that noting definitive had been settled in this regard.

 

Council Member Evans said that the approval of the Northwest Small Area Plan was being held hostage by the Assembly of Governments.  She requested that the Northwest Small Area Plan be approved as soon as practical.  Referencing Article 6 on Page 13 of the draft interlocal agreement regarding membership on the advisory commission, Council Member Evans said it would be inappropriate for a County Commissioner to serve on the proposed commission because this would amount to a double weight or double vote.  Council Member Evans said she hoped that

the Council would support this requested change in the agreement.

 

Council Member Brown said it is important to have an integrated solid waste management plan in place.  She also emphasized the importance of  reexamining the proposed interlocal agreement relative to the landfill siting process.  Council Member Franck said he did not think that disposal was a key part of the integrated solid waste management plan or the draft interlocal government agreement.  Council Member Brown requested a brief report from Town staff on how all of the parts of the interlocal agreement and integrated solid waste management plan fit together.  She also stated that it was not practical for four governments to have consensus on all matters.   Council Member Pavăo said that he favored moving ahead with the proposed interlocal agreement.  Council Member Capowski concurred, stating he believed that the Council could press forward on this matter.

 

Council Member Capowski said he did not want to have a situation wherein Town taxpayers paid for 45% of solid waste costs in unincorporated areas and 100% for Town solid waste pick-up costs.  Mr. Horton said that there was no way for staff to address this concern in the proposed interlocal agreement.  Council Member Capowski said he favored having double taxation issues addressed in the proposed interlocal agreement.  Council Member Chilton said that Orange County Commissioners did not want the Town Council to get involved in how trash collection would take place.  Council Member Capowski raised the possibility of special sanitation districts.  Council Member Chilton said this approach would pose some legal and legislative problems for Orange County.

 

Council Member Evans asked whether compensation could be linked to the Northwest Small Area Plan.  Mayor Waldorf inquired whether it was correct that the County Commissioners had asked the Council to defer action on the Northwest Small Area Plan pending the selection or non-selection of site #17.  Mr. Horton said that this was correct. 

 

Council Member Capowski asked whether it would really cost $4 to $5 million to run water and sewer lines to the area near the existing landfill site.   Mr. Horton said it was quite likely that the actual costs would be higher.  Council Member Capowski said until more reliable cost estimates and plans were available, it made sense to hold off on making a commitment on water and sewer service matters.   Council Member Chilton said that the costs associated with water service were substantially different from the cost of providing sewer service to the area.

 

Mayor Waldorf inquired whether or not it was correct that there was no legal problem justifying

paying the costs for water service to the area.   Mr. Karpinos said that such payments were allowable under the insurance theory of the law.  He added that the further one got away from the landfill facility, the harder it was to make this assessment.    Mr. Karpinos added that there needed to be some linkage to public purposes in order to use Town revenues to pay such costs.

 

Council Member Chilton said that speaking as a County citizen, rather than a Council Member, the most democratic way to handle things would be for the County to pay for neighbor benefit costs.  He stated that local governments were being asked to pay for something which had already been bought, the need to address the compensation concerns of landfill neighbors.   Mayor Waldorf inquired whether Mr. Karpinos’ earlier remarks reflected his own opinion or the consolidated opinion of the local government attorneys.  Mr. Karpinos said that the local government attorneys were generally in agreement on compensation and benefits matters.

 

Council Member Wiggins asked whether the Council would take a position on the matter of compensation.  She also inquired who would ultimately approve any such compensation arrangements.  Council Member Chilton said if an interlocal agreement were approved, it would be possible to incorporate an element regarding community benefit and compensation-related matters.  Council Member Wiggins inquired when the Council might take positions on these matters.  Council Member Franck said this could occur some time after the October 22nd Assembly of Governments meeting.   Mr. Horton said it was possible that some elected officials might choose to vote on the agreement at the October 22nd Assembly of Governments meeting.  Noting that the governing boards could choose to break out from the other boards at the October 22nd meeting, Council Member Chilton also said it was possible that some of the boards could take action on the proposed interlocal agreement.

 

Council Member Capowski inquired whether or not there was any legal way to fight Duke University’s easement grant to NASA.  Mr. Karpinos said it was not possible to acquire interests of the federal government which did the federal government did not wish to surrender.  He noted that any communications at this point should be with federal agencies. Council Member Capowski said he wanted to hear NASA’s viewpoint on the matter.  Mayor Waldorf said one possibility was whether the Council wanted to seek an administrative release from NASA with assistance from United States Senators and/or Representatives.  Mr. Karpinos said if the Council wished, he could send a letter to the United States Attorney about this matter and related issues.  Council Member Chilton inquired whether or not there was a time limit on the easement.  Mr. Karpinos said the term was for five years, with renewable terms.  Council Member Chilton inquired what would happen if the Town filed a condemnation proceeding against Duke University in this matter. Mr. Karpinos said there was nothing to preclude Duke from extending the lease term for the easement.  Council Member Evans said that Duke had told local governments that it would use every available means so that this site could not be used as a landfill.   She suggested that the Council not “spin its wheels” on this matter.

 

Council Member Capowski said he wanted to know more about the relationship between Duke University and NASA on the easement matter.  Mr. Horton said that there was no way of knowing how long it would take to get a response on this matter. 

 

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER FRANCK, TO REQUEST THAT THE TOWN ATTORNEY DRAFT A LETTER TO THE UNITED STATES ATTORNEY REGARDING THE EASEMENT AGREEMENT BETWEEN DUKE UNIVERSITY AND NASA.   THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

Item 9   Administrative Task Force on UNC-Chapel Hill Fiscal Relationships

 

Mayor Waldorf said that she was proposing the establishment of an administrative committee on fiscal equity matters between the Town and the University of North Carolina at Chapel Hill.

 

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

 

A RESOLUTION ENSORSING THE ESTABLSIHMENT OF AN ADMINISTRATIVE CHAPEL HILL-UNC TASK FORCE ON FISCAL RELATIONSHIPS (97-10-13/R-12)

 

WHEREAS, in 1994 the Town Council began participating with UNC in the development of its long range land use plan for the Horace Williams and Mason Farm properties and directed a Planning Panel on this matter to address fiscal equity issues related to the development of these tracts, and

 

WHEREAS, the Planning Panel researched these issues and developed fiscal policy goals and principles which were subsequently adopted by the Council, and

 

WHEREAS,  the Council directed  Mayor Broun and Council Member Waldorf to begin discussions with Chancellor Hardin on the adopted Fiscal Policy Goals and Principles, which discussions were subsequently continued with Chancellor Hooker, and

 

WHEREAS, Chancellor Hooker, in his letter of January, 1996, expressed the University’s commitment to support to the extent feasible and permitted by law  the Town’s goal of recovering the capital and operating costs of municipal services required by and directly provided to University development, and

 

WHEREAS, the Fiscal Policy Goals and Principles suggest that the Town and UNC  “pursue equity through cooperation”,

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill, that the Council hereby endorses the establishment of an administrative Chapel Hill-UNC Task Force on Fiscal Relationships .

 

BE IT FURTHER RESOLVED, that the Council endorses the charge of the Task Force shall be as follows:

 

1.     Develop a working definition of fiscal equity.

 

2.     Identify ways to pursue fiscal equity through cooperation between the University and the Town.  Where possible, frame as joint agreements.  (Potential topics of discussion to include further capital contributions to fire service, extending the lease on UNC land where the Town’s public works and transit facilities exist, and maintenance of the property tax base).

 

3.     Identify ways to meet mutual service needs more cost effectively through cooperation.  (Potential topics of discussion include developing a plan to use transit capital funds secured by Senator Faircloth, if Congress approves them; and, annexation of land at the Horace Williams and Mason Farm properties not currently in the Town limits.)

 

4.     Emphasize and enhance continued staff cooperation in functional areas, such as public safety, solid waste management and transportation.

 

5.     Develop strategies for financing necessary public services for future development  on the Horace Williams tract, taking into account the effects on the community.

 

6.     Explore new and mutually beneficial ways for the University and the Town to cooperate.  Do not consider the status quo a fixed blueprint.

 

7.     Make quarterly written progress reports to the Chancellor and the Mayor and Council.

 

8.     At the conclusion of six months, report recommendations to the Chancellor and to the Mayor and Council and receive further guidance.

 

BE IT FURTHER RESOLVED, that the Task Force shall consist of the Chancellor’s appointees, the Town Manager, Town Fire Chief, Town Public Works Director, and Town Transportation Director.

 

This the 13th day of October, 1997.

 

Item 10  Rosemary Street Apartments ZAA and SUP

 

Mayor Waldorf noted that by virtue of unanimous Council action on September 22nd, the Council had agreed to postpone action on these items until the Council’s October 27th regular business meeting.

 

Noting the lateness of the hour and the number of citizens in the audience regarding items number thirteen and fourteen,  Council Member Chilton inquired whether Council wished to extend its meeting beyond 10:30 p.m. in order to consider these items this evening.  The Council unanimously agreed to extend the meeting past 10:30 p.m., if necessary, to consider both items this evening.  Mr. Waldon presented a brief summary of key issues regarding the Rosemary Street Apartments applications.  Michael Hining, the applicant’s representative, also made a brief presentation regarding setback and recreation requirements.

 

Council Member Evans suggested the possibility of asking for additional right-of-way in order to accommodate on-street parking, sidewalks and street trees.

 

Council Member Brown inquired whether the number of parking spaces at Chancellor’s Square was adequate compared to the number of residents.  Council Member Chilton said that during a recent site visit, he had observed 104 cars in the 98-space parking lot at Chancellor’s Square.

 

Stating that the applicant was proposing sixty parking spaces for fifty-five units having a total of 147 bedrooms, Council Member Capowski inquired about the applicant’s plan for handling additional parking needs.  Mr. Hining stated that since Chancellor’s Square was a condominium project, there was no on-site management.  Mr. Hining indicated that he had spoken to Town staff about the possibility of providing building tenants with a list of remote parking lots which rented parking spaces.  Stating that it was his feeling that the project would attract 147 cars, Council Member Capowski suggested that the special use permit contain specific language regarding arrangements for parking of cars.

 

Council Member Franck read a letter from Mr. James Colley, a local transportation activist, expressing his support for the West Rosemary Street Apartments proposal to reduce the need for cars in the downtown area.  Mr. Colley’s  letter stated that the proposed apartment project was a “step in the right direction” regarding the reduction of car usage.

 

COUNCIL MEMBER BROWN MOVED,  SECONDED BY COUNCIL MEMBER FRANCK, TO RECESS THE PUBLIC HEARING TO OCTOBER 27TH.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

Item 11   Freedom House Zoning Atlas Amendment and Special Use Permit

 

Planning Director Roger Waldon said that Town staff continued to recommend approval of the Freedom House zoning atlas amendment and request for special use permit.  Josh Gurlitz, the applicant’s representative, cited the privacy needs of program clients in requesting the deletion of sidewalk requirements contiguous to the Freedom House facility.  Referencing funding-related concerns, Mr. Gurlitz also said that Freedom House was requesting that the fire hydrant requirement be modified to increase the center line from 200 feet to 250 feet.  He also stated that Freedom House would appreciate any funding assistance relative to fire hydrant requirements.

 

Council Member Franck inquired about the cost of a fire hydrant.  Mr. Gurlitz said a fire hydrant on the existing easement would cost between $25,000 and $30,000, while a hydrant requiring a cross roadway connection would cost up to $40,000.

 

Council Member Brown suggested that condition of approval number fifteen, relating to the fire hydrant location,  be changed to 250 feet.

 

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO CLOSE THE PUBLIC HEARING.  THE MOTION WAS ADOPTED UNANIMOUSLY

(8-0).

 

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO ADOPT ORDINANCE 3, REGARDING THE APPLICANT’S REZONING REQUEST.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

AN ORDINANCE AMENDING THE CHAPEL HILL ZONING ATLAS FOR THE FREEDOM HOUSE RECOVERY CENTER (7.24..21) (97-10-13/O-3)

 

WHEREAS, the Council of the Town of Chapel Hill has considered the application of Ms. Trish Hussey, Executive Director, Freedom House Recovery Center, to amend the Zoning Atlas to rezone property described below from Residential-2 to Residential-3-Conditional Use Zoning, and finds that the amendment is warranted because it achieves the purposes of the Comprehensive Plan;

 

NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill that the Chapel Hill Zoning Atlas be amended as follows:

 

SECTION I

That the portion of the property identified as now or formerly Chapel Hill Township Tax Map 24, Lot 21 located north of Stateside Drive on the west side of Airport Road, within the Residential-2 zoning district, be rezoned from Residential-2 to Residential-3-Conditional with the following limitation on uses:

¨                  No Single-Family Residences

¨                  No Two-Family Residences

¨                  No Essential Services

¨                  No Mobile Homes, Class A

¨                  No Child Day Care Facilities

¨                  No Places of Worship

¨                  No Public Cultural Facilities

¨                  No Public Use Facilities

¨                  No Elementary Schools

¨                  No Secondary Schools

¨                  No Non-Profit Recreation Facilities

 

The following use is allowed with the approval of a Special Use Permit by the Town Council:

¨                  Group Care Facility

 

The legal description of the entire property is as follows:  Chapel Hill Township, Tax Map 24, Lot 21 (please refer to the attached map).

 

SECTION II

 

That all ordinances and portions of ordinances in conflict herewith are hereby repealed.

 

This the 13th day of October, 1997.

 

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER FRANCK, TO ADOPT RESOLUTION 13.1A, DELETING THE PORTION OF THE REQUIRED SIDEWALKS ABUTTING THE FREEDOM HOUSE FACILITY.

 

Council Member Brown inquired about the availability of Town funds to assist Freedom House with fire hydrant requirements.  Mr. Horton said that the Council could choose to utilize Council contingency funds or possibly Community Development funds.  Mayor Waldorf suggested the possibility of contacting Orange County and the Town of Carrboro to investigate funding participation by these two entities.

 

RESOLUTION 13.1A, AS AMENDED, WAS ADOPTED UNANIMOUSLY (8-0).

 

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR FREEDOM HOUSE  RECOVERY CENTER  (File Number 24..21)

 (97-10-13/R-13.1a)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application, proposed by Trish Hussey, Executive Director of the Freedom House Recovery Center on property identified as Chapel Hill Township Tax Map 24, Lot 21, if developed according to the site plan dated December 28, 1996, 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 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 Freedom House Recovery Center in accordance with the plans listed above and with conditions listed below:

 

                                                Stipulations Specific to the Development

 

1.                  That construction begin by October 13, 1999 and be completed by October 13, 2000.

 

2.                  Land Use Intensity:  This Special Use Permit approves residential services for up to 44 individuals with a total Floor Area of  14,602 square feet; Open Space of 160,868 square feet; and Livability Space of 144,198 square feet.

 

3.                  Site Access:  That the applicant (a) eliminate the existing Airport Road driveway and provide access to the site from West Stateside Drive, at such time when West Stateside Drive has been constructed from Airport Road to the western Freedom House driveway as a 27-foot cross-section roadway with curb and gutter, plus a five foot concrete sidewalk across Freedom House’s property frontage; or that the applicant (b) use the existing Airport Road driveway and that the existing gravel driveway apron be widened to 24 feet and paved to Town standards.  Under scenario (b) the existing gravel parking lot would remain gravel and at such time when West Stateside Drive is constructed, the Airport Road driveway connection would be eliminated and a driveway from West Stateside Drive would become the single point of access to the site.

 

4.                 Sidewalks:  That a concrete sidewalk be constructed from West Stateside Drive to the new buildings on the western portion of the site.

 

5.                 Width of Project Roadway:  That the West Stateside Drive driveway/entrance road to the three new buildings will have a width of 24 feet.

 

6.                 Fence:  That a fence be constructed along the adjacent property lines between the Freedom House development and the neighboring southeastern property owner.  The fence should be constructed along the property lines that are identified in buffer areas F and G.

 

Required Improvements

 

7.                  Right-of-Way Improvement:  That the applicant dedicate ˝ of a 135 foot right-of-way along the entire length of the property that fronts Airport Road prior to issuance of a Zoning Compliance Permit, unless the North Carolina Department of Transportation (NCDOT) has already acquired this right-of-way. 

 

Stipulations Related to State and Federal Government Approvals

 

8.                  Approval of Encroachment Agreements:  That any required State 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 Elements

 

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


 

10.              Landscape Protection Plan:  That a Landscape Protection Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit and that the Plan show the critical root zones of the significant trees on the site.   

 

11.              Landscape Buffers:  That the following landscape buffers be provided:

 

 

Buffer Area

Required Buffer Type

Alternate Buffer Proposed

A

“A” Type

 

B

“C” Type

 

C

“C” Type

 

D

“D” Type

Yes

E

“D” Type

Yes

F

“C” Type

Yes

G

“C” Type

 

 

            If alternative buffers are proposed along any property line, or portion thereof, the Appearance Commission must review and approve the alternative buffer plans prior to the issuance of a Zoning Compliance Permit.

 

12.              Buffer Plantings:  Existing vegetation may be used to wholly or partially fulfill the buffer planting requirements.  The Town Manager shall determine the extent to which existing vegetation may count towards the requirements.

 

Stipulations Related to Building Elevations

 

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

 

14.              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.

 

15.              Fire Hydrants:  That two triple fire hydrants be installed off 8-inch water lines to serve the site. One hydrant shall be located approximately 250 feet west of the center line of Airport Road; and the second hydrant shall be located approximately 700 feet west of the center line of Airport Road, subject to Town Manager approval.

 

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

 

Miscellaneous Stipulations

 

17.              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.

 

18.              Detailed Plans:  That final detailed site plan, grading plan, utility/lighting plans, stormwater management plan (with hydraulic calculations), which shows the method(s) of conveying the storm water around the building site, 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.

 

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

 

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

 

21.              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.

 

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

 

23.              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 Freedom House Recovery Center in accordance with the plans and conditions listed above. 

 

This the 13th day of October, 1997.

 

COUNCIL MEMBER PAVĂO MOVED, SECONDED BY COUNCIL MEMBER FRANCK, TO HAVE TOWN STAFF INVESTIGATE FIRE HYDRANT COST-SHARING FOR THE FREEDOM HOUSE PROJECT WITH THE TOWN OF CARRBORO AND ORANGE COUNTY.   THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).   


 

Item 12  The Pavilion Special Use Permit Modification

 

Mr. Waldon presented an overview of the applicant’s request.  Council Member Brown asked whether it was correct that the transportation management plan for this project would not come back to the Council on an annual basis.  Mr. Waldon said this was correct.  Stating that it was important for the Council to have annual reports on matters of this type, Council Member Brown said she favored the Council seeing this specific transportation management plan on an annual basis.

 

Antoine Peuch requested that the Council approve the Manager’s recommendation.  Council Member Evans inquired whether Mr. Peuch was willing to add a shower facility for bicyclists.  Mr. Peuch said that he would be willing to do so.  Council Member Capowski inquired why the special use permit called for only fifty parking spaces, rather than one hundred spaces.  Mr. Horton said that Mr. Peuch was proposing up to one hundred parking spaces.

 

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO CLOSE THE PUBLIC HEARING.

 

Mayor Waldorf inquired whether or not it was correct that a draft ordinance would provide that the proceeds from parking payments-in-lieu would go into a public parking fund.  Mr. Horton said that this was correct.

 

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

 

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

 

Council Member Brown proposed adding the words “Town Council” in two places in the proposed resolution.

 

Stating that the Town currently had approximately twenty-five transportation management plans with the objective of  having such plans from nearly every sizable business in the Town, Council Member Franck said that he did not favor the Council looking at individual transportation management plans.

 

Council Member Chilton seconded Council Member Brown’s motion.

 

THE PROPOSED AMENDMENT FAILED ON A TIED VOTE OF 4-4, WITH MAYOR WALDORF AND COUNCIL MEMBERS BROWN, CAPOWSKI AND CHILTON SUPPORTING THE PROPOSED AMENDMENT.

 

RESOLUTION A WAS ADOPTED UNANIMOUSLY (8-0).

 

A RESOLUTION APPROVING AN APPLICATION FOR SPECIAL USE PERMIT FOR THE PAVILION PHASE II BUILDING (File Number 85.M.20A,20B) (97-10-13/R-9a)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application, proposed by Richard A. Gurlitz, applicant, and West Franklin Preservation Limited Partnership, owners, on property identified as Chapel Hill Township Tax Map 85, Block M, Lots 20A and 20B, if developed according to the site plan (Sheet C-1) dated October 29, 1996 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 Town Council hereby approves the application for the Special Use Permit for the Pavilion Phase II in accordance with the plans listed above and with conditions listed below:

                                                Stipulations Specific to the Development

 

1.      That construction begin by October 13, 1999 (two years from the date of approval) and be completed by October 13, 2000 (three years from the date of approval).

2.      That the three-story building may contain general and convenience business uses and/or office type business.

3.      Land Use Intensity:  That this approval authorized the following:

40,000 square feet of floor area,

8,343 square feet of open space,

7,468 square feet of livability space, and

50 parking spaces on or off-site, or payment-in-lieu for 50 parking spaces.

 

This amount of floor area is conditioned on the dedication of permanent open space on the adjacent lot to the west at the location of the existing pedestrian easement.

 

4.      Recombination Plat:  That a recombination plat which combines the two existing lots into one lot shall be recorded at the Orange County Register [PD1] of Deeds Office and a copy provided to the Town Manager prior to issuance of a Zoning Compliance Permit.

5.      Public Right-of-Way:  That half of a 50-foot-wide right-of-way be dedicated along the subject property's Church Street frontage prior to issuance of a Zoning Compliance Permit.

6.      Bike Rack:  That the applicant provide bicycle rack(s) near the building's main entrance, with the location of the bicycle rack to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

Required Improvements

 

7.      Street Improvements:  That all existing curb and gutter along the subject property's West Franklin Street and Church Street frontages be replaced with Town-standard curb and gutter and that the three existing curb cuts along Church Street be closed and replaced with standard curb and gutter.

 

8.      Sidewalks/Streetscape:  That the existing sidewalk along the West Franklin Street frontage be replaced with a concrete sidewalk at least 6 feet wide, 8 feet wide if the sidewalk will be constructed immediately adjacent to the proposed buildings.  That any additional paved areas between the new sidewalk and the West Franklin Street curb be brick, in accordance with the Downtown Streetscape Plan.

 

·        That the sidewalk along the Church Street frontage be at least 5 feet wide.  That any additional paved areas between the new sidewalk and the Church Street curb be brick, in accordance with the Downtown Streetscape Plan.

 

·        That a conduit bank be installed below the new sidewalk on Franklin Street and Church Street to accommodate wires for the street signal system and street lights, in accordance with the Downtown Streetscape Plan.

 

·        That new street trees, pavement, planters, benches, and a trash receptacle shall be installed as part of the streetscape improvements along this portion of West Franklin Street.  The planters shall include drainage provisions.

 

Stipulations Related to State and Federal Government Approvals

 

9.      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.

 

10.  NCDOT approval:  That plans for improvements to State-maintained roads be approved by NCDOT prior to issuance of a Zoning Compliance Permit.

 

Stipulations Related to Landscape Elements

 

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

 

12.  Landscape Plan for Site Plan Approval Applications:  That a detailed landscape plan and landscape maintenance schedule be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.  The landscape plan shall demonstrate compliance with the Downtown Streetscape Plan.

 

Stipulations Related to Water, Sewer and Other Utilities

 

13.  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 prior to issuance of a Zoning Compliance Permit.

 

14.  Utility/Lighting Plans: That the final utility/lighting plan be approved by Orange Water and Sewer Authority, Duke Power Company, Southern Bell, Public Service Company, Time Warner Cable, and the Town Manager prior to issuance of a Zoning Compliance Permit.  The property owner shall be responsible for assuring these utilities are extended to serve the development.

 

·        That existing overhead utility lines on the Franklin Street frontage be relocated underground.

 

·        That the overhead wires at the entrance to the parking lot off Rosemary Street be raised or relocated so that refuse trucks can provide service through this route.

 

·        That two new street/pedestrian light poles or fixtures be installed along the Franklin Street frontage as part of the streetscape improvements for this section of Franklin Street.

 

Miscellaneous Stipulations

 

15.  Appearance Commission Approval:  That detailed building elevations, landscape plan and lighting plan be approved by the Appearance Commission prior to issuance of a zoning Compliance Permit.

 

16.  Access Easement:  That a written agreement allowing refuse collection services to be shared across property lines be approved and recorded in the Orange County Register of Deeds Office and a copy of the easement be submitted to the Town prior to issuance of a Zoning Compliance Permit.

 

17.  Refuse Collection Service Plan.  That a detailed refuse collection plan, including information on the location and integrity of the FGI basement wall, vehicle access conflicts associated with the overhanging canopy at the back of the FGI building and utility lines along West Rosemary Street, and detailed site plan information for the electrical transformer area behind the proposed building, be reviewed and approved the Town Manager prior to issuance of a Zoning Compliance Permit. 

 

18.  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 reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

 

19.  Shared Dumpster/Compactor Agreement:  That a shared dumpster/compactor agreement and an access agreement be recorded in the Orange County Register of Deeds Office and that a copy of the agreements be submitted to the Town prior to issuance of a Zoning Compliance Permit.

 

20.  Detailed Plans:  That final detailed site plans, grading plans, utility/lighting plans, stormwater management plans (with hydrologic calculations), and landscape plans and landscape maintenance plans be approved by the Town Manager before issuance of a Zoning Compliance Permit, 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.

 

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

 

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

 

23.  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 upon issuance of a Zoning Compliance Permit.

 

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

 

25.  Non-Severability:  That 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 the Special Use Permit for the Pavilion Phase II.

BE IT FURTHER RESOLVED that the Town Council hereby approves the attached Transportation Management Plan for the Pavilion Phase II (submitted September 10, 1997) with the following adjustments:

1.            That the Plan will be reviewed and updated on an annual basis, in a form specified by the Town Manager. An annual report shall be provided to the Town Manager by December 31 of each year.  The annual report will involve a survey of employees to determine whether or not the transportation management goal is being met.  The annual report will evaluate which measures are most successful in encouraging alternative transportation modes.  The goal for subsequent years may be adjusted, in consultation with the Town Manager, based on results contained in the annual report.

2.            That 50 parking spaces within 1,200 foot walking distance from the property  shall be leased and made available for tenants by the property owner, as a permanent, on-going requirement of the Special Use Permit.  Evidence of availability of spaces would need to be shown prior to issuance of a Zoning Compliance Permit; evidence committing spaces would need to be shown prior to occupancy of the building.

3.            That the Plan estimate the number of trips likely to be generated by employees at this development and estimate how many of these are likely to be made during the morning and evening peak hours.

4.            That the Plan describe the transportation management goal in terms of percentage of trips taken by means other than single-occupant automobile.  Include a 30 percent goal for the first year.

5.            That the Plan, in describing the package of proposed incentives, state explicitly how much money is being dedicated to financial incentives in the first year; state explicitly that comparable amounts will be dedicated in each succeeding year, as long as the Special Use Permit remains in effect.

6.            That the Plan demonstrate compliance with the Revised Transportation Management Plan Guidelines adopted by the Town Council.

7.            That a shower and bike rack be provided to encourage bicycle use by employees.

This the 13th day of October, 1997.

 

Item 13  Colony Woods Neighborhood Concerns

 

Town Engineer George Small presented an overview of the staff recommendations.  Council Member Franck inquired whether or not there was a significant amount of vegetation at Overland and Sharon  Road.  Mr. Small said that there was a significant amount of vegetation which could be cleared if the Council directed Town staff to do so.

 

Mr. Felafaty (?) said he had gathered the signatures of over two hundred residents concerned about sight distances on Fountain Ridge Drive. He requested that the Town’s Traffic Engineering staff reevaluate the need for a stop sign at this intersection as soon as practical.

 

Esther Miller said that a lot of people walked in the Coker Woods neighborhood.  Ms. Miller expressed concern that traffic on the Fountain Ridge Drive hill was hazardous to pedestrian safety.  She also stated that the earlier-referenced foliage at Overland and Sharon Road was bothering no one.  Ms. Miller urged the Council to take the appropriate actions to ensure the safety of Colony Woods residents and visitors.

 

Lew Miles requested the Town’s assistance in enforcing speed limits and in providing additional street lighting in the Colony Woods neighborhood.  Noting that he had initiated the petition regarding vegetation at Overland and Sharon as an individual, rather than in concert with the neighborhood association, Mr. Miles requested that the Council disregard the staff’s recommendation of trimming the vegetation.  Mr. Miles concluded his remarks by requesting the Council’s assistance in addressing citizen safety concerns about the crest of the hill on Knob Court.

 

Dale Coker said that many Colony Woods used their neighborhood streets for walking instead of driving.  Mr. Coker requested that the Council consider the neighborhood’s request for the installation of a stop sign at Knob Court and Fountain Ridge Drive.  He also requested that the Council disregard the staff’s recommendation regarding the removal of vegetation at Overland and Sharon Road.  Finally, Mr. Coker expressed concern about the speed of cars in the area and requested the Town’s assistance with speed enforcement.

 

John Overton said that he had safety-related concerns about the crest of the hill on Knob Court.  Mr. Overton said he would appreciate the Council’s assistance in addressing these concerns.

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO ADOPT ORDINANCE 4, AS AMENDED, PROVIDING FOR THE INSTALLATION OF A STOP SIGN AT FOUNTAIN RIDGE ROAD AND KNOB COURT.  THE  MOTION WAS ADOPTED BY A VOTE OF 7-1, WITH COUNCIL MEMBER FRANCK VOTING NO.

 

AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES

(97-10-13/O-4)

 

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

 

SECTION I

 

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

 

Intersections

 

Sharon Road/Overland Drive

 

Fountain Ridge Road/Knob Court

 

SECTION II

 

This ordinance shall become effective November 1, 1997.

 

SECTION III

 

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

 

This the 13th day of October, 1997.

 

Mayor Waldorf noted that a Town staff member would contact neighborhood residents about their street lighting concerns.

 

Item 14  Follow-up on North Lakeshore Drive Speed Humps

 

Town Engineer George Small presented an overview regarding speed humps and other traffic calming efforts.  Noting that objective of the North Lakeshore Drive traffic-related efforts was to reduce speeds, Mr. Small said that the speed humps experiment would take some time to evaluate.

 

Irene Briggaman said she supported the petition signed by 290 persons requesting removal of the speed humps on North Lakeshore Drive.  Ms. Briggaman said she was especially concerned that the two speed humps had been located so close to a recently installed stop sign.  She also stated that there was no safe way to negotiate the speed humps at the posted speed limit of twenty-five miles per hour.  Ms. Briggaman requested that the Council take action on this matter this evening.

 

Dr. Ernest Eliel, 725 Kenmore Drive said he favored the removal of the speed humps on North Lakeshore Drive.   Dr. Eliel said that he respectfully disagreed with the conclusions of the Town’s  Engineer about the speed humps’ effect in slowing traffic along North Lakeshore Drive. He also expressed safety concerns about the Town staff’s estimate that the response time of fire trucks traveling along this portion of  North Lakeshore Drive would be delayed by as much as nineteen seconds, due to slowing necessitated by the speed humps.

 

Ron Link, a resident of Coker Hills West for twenty years, said he opposed the speed humps on North Lakeshore Drive.  Mr. Link said that the only significant reductions in speed on North Lakeshore Drive were taking place between the two speed humps.  He also stated that the speed humps would not significantly reduce the volume of traffic using North Lakeshore Drive.  Mr. Link said that the best means to address traffic concerns was through more vigorous enforcement of speed limits.

 

Tom Tillett said that the installation of speed bumps requiring cars to slow to 15 miles per hour in a 25 miles per hour speed zone was irresponsible.  He also expressed concern that neighborhood residents had received insufficient information about the proposed speed humps on North Lakeshore Drive.   Mr. Tillett stated that most residents of North Lakeshore Drive did not favor the speed humps.   Mr. Tillett concluded his remarks by expressing his appreciation for the new stop signs at North Lakeshore and Brookview Drives.

 

Mayor Waldorf read a letter from Ms. Lily Farel, requesting that the Town consider adding a center line stripe down North Lakeshore Drive.

 

Council Member Franck read a letter from Ruby Sinreich noting that the Transportation Board had held a public forum regarding the proposed speed humps about eighteen months ago.  In her letter, Ms. Sinreich recommended that the Council wait one year before evaluating the pluses and minuses of the speed humps on North Lakeshore Drive.

 

Council Member Capowski said he thought that the speed humps on North Lakeshore Drive were a failed experiment.  Stating that the speed humps were an irritation, Council Member Capowski suggested that the Council direct Town staff to remove the speed humps.  Council Member Evans  expressed her concurrence with Council Member Capowski’s remarks.

 

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO DIRECT TOWN STAFF TO REMOVE THE SPEED HUMPS FROM NORTH LAKESHORE DRIVE.

 

Noting that she favored revisiting this matter, Council Member Brown said she had traversed the somewhat lower speed humps on Pine Street in Carrboro earlier today.  Council Member Brown requested that staff prepare an assessment for a more positive reception to the installation of speed humps.

 

Noting that he had been serving as Chair of the Transportation Board when speed humps and traffic calming were being discussed several years ago, Council Member Franck said he hoped that the Council would look at this experience as something which could be learned from.

 

Council Member Pavăo said although he did find the speed humps to be annoying, he would not support the proposed motion.  Council Member Pavăo also stated that the majority of his neighbors on North Lakeshore Drive favored waiting a bit longer to review the effectiveness of the speed humps.

 

Stating that she had personally experienced speed humps with the speed humps, Council Member Wiggins said that she would support the proposed motion.  Noting that speed humps should not preclude drivers from going the legally posted speed limit, Council Member Wiggins said she hoped that the Council would not forget that there were a number of other traffic calming measures, including better traffic and speed enforcement.

 

Stating that he was sympathetic to the people who had raised this issue, Council Member Chilton said it was possible that the speed humps needed to be smaller than their present size.  Council Member Chilton said he thought that there had to be a more civilized manner in which to handle this matter rather than the existing speed humps on North Lakeshore Drive.

 

Mayor Waldorf inquired about the practicality of shaving down the existing speed humps.  Mr. Horton called upon Town Engineer George Small for his observations.  Mr. Small said that grinding down the existing speed hump would greatly diminish their effectiveness in slowing down traffic.

 

Council Member Wiggins stated that speed humps were not the only type of traffic calming mechanism.  Council Member Evans said if the speed humps were taken out, it was important to increase traffic enforcement in this area.  Council Member Brown said it was possible that another area in the Town might favor having speed humps as a means of traffic calming.

 

THE MOTION TO REMOVE THE SPEED HUMPS ON NORTH LAKESHORE DRIVE PASSED BY A VOTE OF 6-2, WITH COUNCIL MEMBERS CHILTON AND PAVĂO VOTING NO.

 

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

 

A RESOLUTION APPROVING TRANSPORTATION PRIORITIES TO BE SUBMITTED TO THE DURHAM-CHAPEL HILL-CARRBORO URBAN AREA TRANSPORTATION ADVISORY COMMITTEE FOR INCLUSION IN THE DURHAM-CHAPEL HILL-CARRBORO 1999-2005 METROPOLITAN TRANSPORTATION IMPROVEMENT PROGRAM (97-10-13/R-15)

 

WHEREAS, it is the policy of the Town of Chapel Hill to develop a balanced transportation system for the citizens of Chapel Hill, to include roadways, public transit services, bicycle and pedestrian facilities; and

 

WHEREAS, the Durham-Chapel Hill-Carrboro Urban Area Transportation Advisory Committee will prepare a Regional Transportation Priority List and Metropolitan Transportation Improvement Program that identifies funding priorities for transportation projects; and

 

WHEREAS, the Town of Chapel Hill has considered its transportation needs and identified projects that would meet the Town’s transportation goals;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council adopts the attached 1999-2005 Transportation Project Priority List.

 

BE IT FURTHER RESOLVED that the Town of Chapel Hill continues to support those local projects previously identified for funding in the 1998-2004 Metropolitan Transportation Improvement Program.

 

BE IT FURTHER RESOLVED that the Town Council directs the Town Manager to transmit these adopted priorities to the Durham-Chapel Hill-Carrboro Transportation Advisory Committee for their consideration in preparing the 1999-2005 Metropolitan Transportation Improvement Program.

 

This the 13th day of October, 1997.

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER FRANCK,. TO ADOPT RESOLUTION 16.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

A RESOLUTION ESTABLISHING THE LOBBY AREA OUTSIDE THE TOWN COUNCIL CHAMBERS AS A DESIGNATED PUBLIC FORUM AND SETTING REASONABLE TIME, PLACE AND MANNER RESTRICTIONS ON THE DISPLAY OF NON-COMMERICAL INFORMATION AT SAID LOCATION (97-10-13/R-16)

 

WHEREAS, the Council Chambers are used by the Town Council, Town Boards and Commissions, the Orange Water and Sewer Authority, the Chapel Hill/Carrboro Board of Education and other governmental and civic organizations for public meetings; and

 

WHEREAS, Chapel Hill and the surrounding community have a history and tradition rich in the support for the free exchange of ideas and opinions on matters of concern to the community; and

 

WHEREAS, the Town Council finds that the establishment of a public forum area in the lobby of the Town Council Chambers will facilitate the exchange of ideas consistent with this history and tradition; and

 

WHEREAS, the Town Council therefore desires to establish reasonable time, place and manner regulations to allow the use of this area for such non-commercial purposes;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby designates a portion of the lobby area outside the Town Council Chambers, as shown on the attached Exhibit A, as a public forum for display by the public of non-commercial information in accordance with following procedures and regulations.

 

1.      The Town Manager is hereby directed to administer this policy in accordance with the policies and terms contained herein.

        

2.      An area of up to 25% of the area designated as the public forum area available for displays may be reserved by any individual or group up to two weeks in advance for use on a particular afternoon and evening.

 

3.      Reservations for space shall be accepted on a first come/first served basis in the order the reservations are actually received in the office designated by the Town Manager for administering this policy.  No individual or group shall be allowed to reserve a space more than once every two weeks, in order to make the space more available to everyone (although any person could use the unreserved area on a first come/first served basis subject applicable regulations).

 

4.      Displays can be placed in space so reserved beginning at 3 p.m. on the day the area is reserved and must be removed by 10 a.m. the following day.

 

5.      No more than 75% of the area designated for displays will be available for reservation.  The remainder of the area shall be left open to allow for persons without reservations to display or distribute materials on any particular evening. The unreserved area shall be available 45 minutes prior to a scheduled evening meeting or event for persons wishing to set up displays or distribute information.  Areas available for reservation are indicated on the attached diagram.

 

6.      Displays will not be allowed to interfere with any ingress or egress or to otherwise create a fire or safety hazard as determined by the Manager or his designee.

 

7.      No materials may be attached to any walls or to the floor or ceiling.  Parties may bring and use chairs, tables and easels in the area they have reserved and, if available may borrow such equipment owned by the Town and reserved for such purpose. 

 

8.      The designated area may be used for the display of printed material, drawings, graphics, maps, photographs and other similar visual display.  No electronic equipment or other image enhancing devices such as lighting, projectors or computer display terminals may be used. 

 

9.      Normal conversations are a part of any public gathering area.  However, the area designated shall not be used as a forum for the making of formal public addresses and no equipment intended to assist in the projection or amplification of sound is permitted. 

 

10.    The display of obscene materials is prohibited.  If the Town Manager and Town Attorney believe that, in their opinion, under current law a particular display is obscene,  they shall notify the party responsible and request that the display be removed.  If the responsible party does not comply with the request, the Manager shall report the circumstances to the District Attorney.

 

11.    The party responsible for the display shall comply with all applicable laws and ordinances.

 

12.    No displays shall be permitted at any time when the Town Hall building is being used for a local, State, or national election.

 

13.    In the event a use directly associated with the business of the Council (for example, reception for recipients of Council awards or newly sworn in elected officials) or another public body on a particular evening  is scheduled the designated area shall not be used as a public forum.

 

14.    The display of commercial materials is prohibited.

 

15.    Activities necessary to set up or remove any display permitted by this policy shall be conducted so as to minimize interference with other activities that are being conducted in Town Hall.

 

16.    The Manager may suspend the use of the first floor lobby area as a public forum during periods of emergency or  where said area is temporarily needed for other Town purposes.  In the event such action is necessary, the Manager shall report the circumstances which required suspension of use of the area as a public forum at the next meeting of the Town Council.

 

17.    The Manager shall establish further administrative procedures deemed necessary to carry out this policy in conformance with the standards and procedures contained herein. Such procedures may include requiring the execution of an agreement by the party using the space whereby the user agrees to be responsible for any damages to Town property caused by the negligence or misconduct of the user.  The Manager may require other reasonable assurances to protect the Town from liability as appear to be in the Town’s interest so long as the intent and spirit of this policy to allow such displays is not materially compromised.

 

Any such assurances established by the Town Manager which include an insurance requirement shall provide for a waiver of the insurance requirement in the case of indigent groups.

 

BE IT FURTHER RESOLVED that the Town Manager shall submit a report to the Council in six months on the use of this policy and the amount of staff time required to administer the policy.

 

BE IT FURTHER RESOLVED that the Council reserves the right to modify or eliminate the terms of this resolution and the designated public forum. 

 

This the 13th day of October, 1997.

 

The meeting concluded at 11:38 p.m.

 

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