SUMMARY OF A JOINT MEETING OF THE CHAPEL HILL TOWN COUNCIL AND THE ORANGE WATER AND SEWER AUTHORITY BOARD OF DIRECTORS

MONDAY, OCTOBER 27, 1997 AT 5:30 P.M.

 

Mayor Waldorf called the joint meeting to order at 5:38 p.m.  Council Members in attendance were Julie Andresen, Joyce Brown, Joe Capowski, Pat Evans, Richard Franck, Lee Pavão and Edith Wiggins.  Council Member Mark Chilton was absent.  Orange Water and Sewer Authority Board members in attendance were Chairperson Barry Jacobs and Board Members Pat Davis, Frank deMonchaux, Peter Gordon, Joal Hall Broun,  Frank Hamill and Alan Rimer.  Also in attendance were Chapel Hill Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Planning Director Roger Waldon, Long Range Planning Coordinator Chris Berndt and Town Attorney Ralph Karpinos.  OWASA staff members in attendance were Executive Director Ed Kerwin and Staff Members Mary Darr, John Greene, Ed Holland and Kathryn Kalb.

 

Unsewered Areas

 

Board Member Alan Rimer noted that a recent study by a private consultant retained by OWASA had concluded that there were an estimated 1,297 unsewered lots in twenty-five different project areas within or adjoining OWASA’s service area.  He stated that these project areas had been prioritized using seven different criteria.  Council Member Andresen inquired whether or not any of the lots were in the transition area.  Mr. Rimer said that all of the lots were within OWASA’s legal service area and that none of the lots were in the rural buffer or  watershed, excepting the lots in Brookfield.   Mr. Rimer also stated that 56% of the homeowners who returned a recent survey regarding sewer service indicated that they favored the installation of sewer service at no cost.  Mr. Rimer added that the estimated cost of sewer service to the lots varied in cost between $9,000 and $29,000 per lot.   He also stated that the problem of unsewered service areas was becoming increasingly complex and expensive.      

 

Council Member Wiggins inquired about the location of the thirty-seven failed septic tanks.  Mr. Green said that all of the failed tanks were located in the Brookfield development or along Barbee Chapel Road.

 

Stating that OWASA needed to take a more active role in the provision of sewer service to unsewered areas, Council Member Andresen inquired whether or not the OWASA Board had thought about making any recommendations to the Orange County Commissioners about sewer service matters.   Mr. Rimer said although the OWASA Board had given this matter some thought, it had not developed a specific plan for presentation to the Orange County Board of Commissioners.   Mr. Rimer also said that the OWASA Board would report back to the Council on this matter in the future.   Mr. Rimer stated that 23% of the homes in the Brookfield subdivision had failed septic tanks.

 

Mr. Jacobs noted that the OWASA Board would make a request to the Council and other local governments for financial assistance with the payment of assessments for new sewer service to unsewered areas.

Council Member Capowski inquired about the status of the Morgan Creek/Mason Farm petition for sewer service.  Mr. Jacobs said that this petition had been received by the OWASA Board and was being held in abeyance, pending resolution of assessment and cost-sharing related items.

 

Council Member Capowski inquired about the existence of package sewage treatment plants.  Mr. Rimer said there was a package plant at Heritage Hills and some other locations in the area.  Mr. Green noted that none of the package plants in the area were in OWASA’s sewage treatment system.  Stating that the Council had downzoned approximately 2,500 acres near the Southern Village development, Council Member Capowski inquired whether OWASA had considered these zoning designations in its recent study of unsewered areas.  Noting that many area properties had already been platted, Mr. Rimer said that the OWASA Board could examine the zoning situation more carefully.

 

Council Member Andresen suggested that the OWASA Board come up with one position to address public health emergencies relative to failed septic systems.  Mr. Jacobs said that the OWASA Board should be asking elected officials to make hard choices about how much should be subsidized for new sewer service in unsewered areas.  He added that the OWASA Board would have public meetings to receive comments about subsidies for sewer service.

 

Expansion of Stone Quarry

 

Mr. Jacobs presented an update on the status of negotiations with the American Stone Quarry relative to a future reservoir site.  He reported that the matter was at the public hearing stage.  He said that the OWASA Board felt it was important to move ahead on this matter in a reasonably expeditious manner.   Mr. Jacobs also suggested that OWASA could come to a future Assembly of Governments meeting to provide an update on possible emergency connections to Chatham County.

 

Council Member Brown said it was essential to have accurate information about OWASA’s water and wastewater capacity capabilities relative to future population projections.  Mr. Jacobs said that the OWASA Board wished to discuss these matters further with the Council.  Mr. Davis noted that OWASA had instituted a demand tracking report on a twice per year basis.  He stated that a two-phase expansion was planned at the wastewater treatment plant, with expansions to 12 million and 16 million gallons per day.  Mr. Davis also stated that the Mason Farm wastewater treatment plant was discharging a high quality effluent.  Staff Member Ed Holland stated that the waste load from the Mason Farm Treatment Plant had actually decreased over the last ten to fifteen years.   Mayor Waldorf asked whether the total waste load had decreased.  Mr. Holland said that this was correct in terms of pollutant levels.  Council Member Capowski inquired about the estimated length of service of the 12 million gallon per day wastewater treatment facility.  Mr. Jacobs said it was estimated that this capacity would be sufficient through the year 2012.  He also noted that, if necessary,  OWASA might be able to use some of the City of Durham’s excess wastewater treatment capacity.

 

Mr. Davis said OWASA was intensively reviewing the possibility of reclaiming water by reusing highly-treated effluent.  Council Member Brown said it was important for elected officials to be kept apprised of these activities and their estimated costs.

 

Council Member Capowski inquired what would happen if American Stone chose not to pursue a quarry expansion.  Mr. Jacobs said it would be necessary to purchase the property in question.  Mr. Jacobs also said that OWASA would get the hole at no cost if the expansion occurred.  Council Member Andresen inquired when the hole in question would be available.  Mr. Jacobs said that the latest availability would be the year 2030.  Noting that it might be necessary to draw water from Jordan Lake as early as the year 2015, Council Member Andresen inquired why additional storage capacity would be needed in the year 2030.  Mr. Jacobs stated that since quarrying was driven by demand, it was not likely that OWASA would be able to acquire the property for additional storage capacity prior to 2030.

 

Rate Study

 

OWASA Board Member Peter Gordon said that a recent rate study had recommended that rates be increased for residential customers and decreased for other customers.  He also noted that no major changes in rate structures had been initiated by OWASA as a result of the study.  Mr. Gordon also reported that OWASA was attempting to find ways to handle availability fees relative to affordable housing programs and projects.

 

OWASA Board Member Frank deMonchaux said that OWASA was trying to simplify its rate structure process by means such as formulating an engineering and planning review fee.  He also reported that OWASA was investigating more efficient meter reading and billing practices, energy savings and cost-effective use of technologies such as Geographic Information Systems.

 

Stating that a delicate balance was involved, Council Member Andresen said she would be reluctant to see overall availability fees reduced.   Mr. Gordon said that OWASA was mindful of the need for balance and was recommending that some fees be reduced while others be increased.

 

Service Area Boundary

 

Mr. Davis stated that the OWASA Board was engaged in ongoing discussions with local jurisdictions to establish a service area boundary.  He noted that no consensus had been reached on future emergency water transfer agreements.  Mr. Davis said that the OWASA Board suggested that a joint meeting be held in the future to discuss existing capacities and demand levels.  He also noted that the Water and Sewer Boundary Task Force would be holding its next meeting on Wednesday, October 29th.  Mr. Davis noted that recent meetings had included discussions with Chatham County officials about Chatham County’s plans for future infrastructure, including the possibility of having a mutually beneficial water line for emergency situations.

 

Mayor Waldorf suggested the possibility of the Council and the OWASA Board having another joint meeting in the near future to discuss fees, capacity matters and other topics of interest. Council Member Andresen suggested the possibility of inviting other governments to the joint meeting.    Mr. Jacobs also suggested the possibility of including other governments such as the Alamance County Board of Commissioners, in a follow-up meeting

 

Mayor Waldorf expressed her appreciation to the OWASA Board and staff for their continued hard work and dedication.

 

The joint meeting concluded at 6:59 p.m.

 

SUMMARY OF A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA, MONDAY, OCTOBER 27, 1997

 

Mayor Waldorf called the regular meeting to order at 7:09 p.m.   Council Members in attendance were Julie Andresen, Joyce Brown, Joe Capowski, Mark Chilton, Pat Evans, Richard Franck, Lee Pavão and Edith Wiggins.  Also in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Fire Chief Dan Jones, Public Works Director Bruce Heflin, Town Engineer George Small, Library Director Kathy Thompson and Town Attorney Ralph Karpinos.

 

Item #1   Ceremony:  Presentation of GFOA Award

 

Mayor Waldorf presented a plaque to Finance Director James Baker and Kay Johnson of the Finance Department, recognizing the Finance Department for excellence in financial reporting.

 

Item #2   Public Forum on Public Access Fees

 

Mr. Horton reported that an increase in the public access fee, from 65 cents per month to 66 cents per month per customer, was being proposed.

 

Noting that there had not been a quorum at the most recent of the People’s Channel Advisory Board meeting, Robert Joesting said that those in attendance at the most recent meeting favored the proposed fee increase from 65 to 66 cents.

 

Eva Metzger, representing the People’s Channel, urged the Council to increase the monthly public access fee from 65 to 66 cents.  She stated that projected revenues from this increased fee could be used to pay for salaries or other supply needs of the People’s Channel.  Ms. Metzger recommended that the Council vote on the proposed fee increase this evening, rather than waiting until November 13th.

 

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO REFER THE MATTER TO THE MANAGER FOR A FOLLOW-UP REPORT ON NOVEMBER 13TH.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Item #3  Petitions

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO REFER A PETITION FROM MS. JUDY NUNN, REQUESTING EXPEDITED REVIEW AND FEE WAIVERS, TO TOWN STAFF FOR A FOLLOW-UP REPORT.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Darcy Berger, a resident of the Timberlyne neighborhood, noted that she had initially requested the Council’s assistance in constructing sidewalks along Kingston Drive in 1988.  Noting that many bicyclists and joggers used Kingston Drive on a daily basis, Ms. Berger requested that the Council move Kingston Drive up on its sidewalk project priority listing.  Noting that she resided on Piney Mountain Road and often times drove along Kingston Drive, Council Member Wiggins said she supported the proposed sidewalk project.  Mr. Horton said that staff would make recommendations to the Council on sidewalk project priorities in the near future.  Council Member Andresen said she concurred that this sidewalk project needed to be moved up the priority listing.

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO REFER THE MATTER TO THE MANAGER FOR A FOLLOW-UP REPORT.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Neil Alderman, representing Ms. Jacqueline Bodine, said his client was requesting that the Council authorize the sale of a lot at Church and Caldwell Streets for homeownership opportunities for lower-income persons.

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO RECEIVE AND REFER MR. ALDERMAN’S PETITION TO TOWN STAFF.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Mayor Waldorf noted that the Northside Community Association was asking the Town to consider donating land to the Association.  Council Member Brown inquired about the status of the Land Trust Implementation Task  Force.   Council Member Chilton said that the Task Force would hopefully hold its first meeting in mid-November and make recommendations to the Council regarding the establishment of a Land Trust within two or three months of that date.  Council Member Evans requested that staff consider all options in its follow-up report.  Council Member Brown said that a Land Trust would be interesting to consider within the context of the petition.

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO RECEIVE AND REFER THE PETITION TO STAFF.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Loren Atenous, representing the “Transportation Reformers” requested the Council’s  support of proposed letters and a resolution regarding the Town’s transportation project priorities.

 

Council Member Brown commended the students for doing a good job of focusing on this matter.

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO RECEIVE AND REFER THE MATTER TO TOWN STAFF.

 

Council Member Capowski requested a clarification of what Town staff was being asked to do.

 

Council Member Brown said that Town staff was being asked to bring back resolutions for possible Council action at a future meeting.

 

THE RESOLUTION TO RECEIVE AND REFER WAS ADOPTED UNANIMOUSLY (9-0).

 

Referencing posted “no parking signs with $25 fines” in Southern Village, Council Member Evans requested a report from Town staff outlining possibilities for making this area more “pedestrian friendly”.    She also expressed concern that there appeared to be signage overkill in this area.

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO REFER THE MATTER TO STAFF.

 

Council Member Evans said it was possible that none of the “no parking” signs were needed in Southern Village.

 

THE MOTION TO REFER WAS ADOPTED UNANIMOUSLY (9-0).

 

Mayor Waldorf reported that efforts were continuing to recruit citizen volunteers for the various committees of the Shaping Orange County’s Future Task Force activities.  She noted that interested persons were invited to call Orange County Planner David Stancill.  Council Member Brown said that the Task Force was actively recruiting for a number of standing committees.

 

Mayor Waldorf noted that a fairly small number of volunteers had assisted with the Hurricane Fran anniversary celebration by planting trees, dedicating a mini-park and constructing a 1½ mile trail in the Southern Village area.  Mayor Waldorf expressed appreciation to all volunteers, many of whom were Town staff, for their energies with these activities and projects.  Council Member Evans thanked Fred Meier for his initiative as volunteer coordinator and Town staff for their voluntary efforts.  Council Member Andresen thanked Mayor Waldorf for sponsoring the event in order to foster community spirit.

 

Referencing the mini-park at Elliott Road and Franklin Street, Council Member Andresen requested that steps be taken to preserve the existing trees on the site.  Mayor Waldorf noted that there was no notion of harming any trees on the site.  Mr. Horton said that this was correct.  Council Member Pavão also said that no trees were to be taken down on the site 

 

Item # 4.1a  Consent Agenda

 

Council Member Chilton requested removal of item e for discussion.  Council Member Capowski requested removal of item f for discussion.

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT THE CONSENT AGENDA AS PRESENTED, EXCEPTING ITEMS E AND F.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES

(97-10-27/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 September 22nd.

b.        Library meeting room policy revisions (R-2).

c.         Biennial bridge inspections (R-3).

d.        Comprehensive Grant project ordinance (O-1).

e.         Revision of public housing lease agreement (R-4).

f.          Sale of land for Southern Village School (R-5)

g.         Accepting grant for Bolin Creek greenway Phase II and related budget ordinance amendment (R-6, O-2).

h.         Amendment to fire sprinkler ordinance (ETJ area) (O-2.2).

i.           Awarding of banking services contract (R-8).

j.          Settlement of OSHA citation (R-9).

k.        Calling public hearing:  Requested annexation (Lowe’s property on U.S. 15-501) (R-10).

l.      Process for budgeting disaster relief funds (R-11).

m.       Extending period for review of cable rate request (R-12).

n.         Moving handicapped parking space on Hamilton Road (O-2.1).

o.        Concurring with proposed Assembly of Governments meeting date (November 20th) (R-12.1).

 

This the 27th day of October, 1997.

 

A RESOLUTION TO REVISE THE EXISTING LIBRARY MEETING ROOM POLICY (97-10-27/R-2)

 

WHEREAS, the Friends of the Chapel Hill Public Library and the Chapel Hill Public Library Foundation are organizations which exist to provide support to Town-approved, library-related programs; and

 

WHEREAS, the Friends of the Chapel Hill Public Library and the Chapel Hill Public Library Foundation have expressed an interest in expanding their programming efforts in the library to increase their support; and

 

WHEREAS, many libraries allow these support organizations greater flexibility in use of library space in order to encourage their on-going efforts and financial support; and 

 

WHEREAS, the current meeting room policy includes information which needs updating and clarification; and

 

WHEREAS, the Library Board of Trustees has reviewed the proposed meeting room revisions and recommends adoption;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of  the Town of Chapel Hill that the Council adopts the attached revised Library Meeting Room Policy.

 

This the 27th day of October, 1997.

 

A RESOLUTION AUTHORIZING THE MANAGER TO EXECUTE A MUNICIPAL AGREEMENT WITH THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION FOR BRIDGE INSPECTION (97-10-27/R-3)

 

WHEREAS, the Town of Chapel Hill has requested the Department of Transportation to perform certain work under the Federal Aid Highway Bridge Replacement and Rehabilitation Program, said work to consist of the reinspection and analysis of all public bridges on the Municipal Street System in the Town of Chapel Hill; and

 

WHEREAS, the Town of Chapel Hill proposes to enter into an agreement with the North Carolina Department of Transportation for said work wherein the Department of Transportation will reinspect and prepare the necessary reports for all public bridges on the Municipal Street System in accordance with National Bridge Inspection Standards; and

 

WHEREAS, under the proposed agreement the Federal Highway Administration shall reimburse the Department of Transportation for eighty (80%) percent of the cost of the work subject to compliance with all applicable federal policy and procedural rules and regulations; and

 

WHEREAS, under the proposed agreement the Town of Chapel Hill shall reimburse the Department of Transportation for all costs of the work incurred by the Department of Transportation not paid by the Federal Highway Administration;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to execute a Municipal Agreement between the Town of Chapel Hill and the North Carolina Department of Transportation for bridge inspections as described herein.

 

This the 27th day of October, 1997.

 

AN ORDINANCE TO ESTABLISH A COMPREHENSIVE GRANT PROGRAM (CGP) PROJECT ORDINANCE (97-10-27/O-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 project ordinance is hereby established:

 

SECTION I

 

The projects authorized are the Comprehensive Grant Program (CGP) projects as approved by the Council on April 28, 1997: funds are as contained in Amendment to Consolidated Annual Contributions Contract between the Town and the U.S. Department of Housing and Urban Development (HUD) dated August 4, 1997.

 

SECTION II

 

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

 

SECTION III

 

The following revenue is available to complete the project:

 

Comprehensive Grant Program                      $383,693

 

SECTION IV

 

The following amounts are appropriated for the project as follows:

 

            Management Improvements                  $  38,369

            Administration                          $  26,637

            Dwelling Structures                               $290,152

            Fees and Costs                         $  28,535

                                                TOTAL            $383,693

 

SECTION V

 

The Finance Director is hereby directed to maintain within the Project Fund sufficient specific detailed accounting records to provide the accounting to HUD as required by the agreement(s) and federal regulations.

 

SECTION VI

 

Funds may be advanced from General Funds for the purpose of making payments as due.  Reimbursement requests should be made to HUD in an orderly and timely manner.

 

SECTION VII

 

The Manager is directed to report annually on the financial status of each project in Section IV and on the total revenues received.

 

This the 27th day of October, 1997.

 

A RESOLUTION ACCEPTING A $2,000 GRANT FROM THE ORANGE/CHATHAM GROUP OF THE NORTH CAROLINA SIERRA CLUB  (97-10-27/R-6)

 

WHEREAS, the Sierra Club has applied for and received a North Carolina Adopt-a-Trail grant to pay for Hurricane Fran restoration along Bolin Creek; and

 

WHEREAS, flooding created by Hurricane Fran has created streambank erosion along the Bolin Creek Trail, Phase II corridor; and

 

WHEREAS, the Sierra Club has proposed that the Adopt-a-Trail money be used to stabilize the banks of Bolin Creek in order to protect the future Phase II trail;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council accepts a $2,000 Adopt-a-Trail grant from the Orange/Chatham Group of the North Carolina Sierra Club to stabilize the banks of Bolin Creek adjacent to Phase II of the Bolin Creek Trail.

 

BE IT FURTHER RESOLVED that the Council thanks the Sierra Club for its work in securing the Adopt-a-Trail grant for the Bolin Creek project.

 

This the 27th 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” (97-10-27/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

 

CAPITAL IMPROVE-

   MENTS FUND                    1,270,392           2,000                                    1,272,392

 

ARTICLE II

 

REVENUES

 

CAPITAL IMPROVE-

  MENTS FUND

 

            Grants                            316,000            2,000                                      318,000

 

 

This the 27th day of October, 1997.

 

A RESOLUTION DESIGNATING FIRST CITIZENS’ BANK AND TRUST AS TOWN DEPOSITORY FOR A THREE YEAR PERIOD BEGINNING OCTOBER 1, 1997

(97-10-27/R-8)

 

 

 

A RESOLUTION AFFIRMING THE MANAGER’S AUTHORITY TO SIGN AN AGREEMENT WITH THE NORTH CAROLINA DEPARTMENT OF LABOR, DIVISION OF OCCUPATIONAL SAFETY AND HEALTH IN THE MATTER OF SETTLING PENALTIES ASSOCIATED WITH CITATIONS ISSUED BY THE DEPARTMENT (97-10-27/R-9)

 

WHEREAS, the North Carolina Department of Labor, Division of Occupational Safety and Health cited the Town of Chapel Hill on August 7, 1997 for violation of work safety regulations; and

 

WHEREAS, the Town desires to minimize the penalties associated with said citations and use the funds instead for safety training and safety equipment; and

 

WHEREAS, the Town Manager has signed an agreement with the State which would allow reduced penalties; and

 

WHEREAS, it is in the best interests of the Town of Chapel Hill to do so;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Manager’s authority to sign said agreement with the State is hereby affirmed.

 

This the 27th day of October, 1997.

 

A RESOLUTION CALLING A PUBLIC HEARING ON ANNEXING A PARCEL OF LAND OWNED BY TRI-CITY INVESTMENTS, INC.  (97-10-27/R-10)

 

WHEREAS, Tri-City Investments, Inc. owns a parcel of land at the intersection of U.S. 15-501 and Sage Road; and

 

WHEREAS, Tri-City Investments, Inc. has petitioned the Town of Chapel Hill to annex this parcel of land; and

 

WHEREAS, the Town Clerk has received the petition and certified to the Council the sufficiency of said petition pursuant to North Carolina General Statute 160A-31;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby calls a public hearing for 7:00 p.m. on Monday, November 17, 1997, in the Town Hall Council Chambers, 306 North Columbia Street, Chapel Hill, NC, 27516, on this annexation petition for a parcel of land owned by Tri-City Investments, Inc.

 

BE IT FURTHER RESOLVED that the Town Manager shall cause notice of the public hearing to be published, in a newspaper having general circulation in the municipality, at least 10 days before the date of the public hearing.

 

This the 27th day of October, 1997.

 

A RESOLUTION APPROVING A PROCESS TO BUDGET $349,041 OF HUD DISASTER RECOVERY INITIATIVE FUNDS  (97-10-27/R -11)

 

WHEREAS, the Town has received a $349,041 Disaster Recovery Initiative grant from the U.S. Department of Housing and Urban Development; and 

 

WHEREAS, the Town is required to develop a plan for the use of the Disaster Recovery Initiative funds;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council schedules a public hearing for November 24, 1997 at 7:00 p.m. in the Council Chamber, Chapel Hill Town Hall, 306 North Columbia Street, to receive citizen comments on a proposal to spend $349,041 of Disaster Recovery Initiative funds. 

 

BE IT FURTHER RESOLVED that the Council adopts the following process to budget the Disaster Recovery Initiative funds:

 

·        publish a notice in the Chapel Hill Herald to announce the time and date of the public hearing;

 

·        review the amendment with the Housing and Community Development Advisory Board on October 28, 1997;

 

·        take into account any citizen comments received at the November 24, 1997 public hearing while considering the proposal;

 

·        return to the Council on January 13, 1998 for final consideration of a plan;

 

·        if approved, submit a plan to the U.S. Department of Housing and Urban Development.

 

This the 27th day of October, 1997.

 

A RESOLUTION TOLLING THE TIME PERIOD FOR REVIEW BY THE TOWN OF TIME WARNER’S FCC-1240 RATE FILING AND ISSUING AN ACCOUNTING ORDER TO TIME WARNER CABLE (97-10-27/R-12)

 

WHEREAS, on September 29, 1997 Time Warner Cable submitted an FCC-1240 Updating Maximum Permitted Rates filing for the Town; and

 

WHEREAS, the Town is certified with the FCC to regulate basic cable rates and services within the franchise area, and is authorized by the FCC to review rate filings submitted by Time Warner Cable; and

 

WHEREAS, the FCC has issued rules allowing cable operators to make annual adjustments to regulated cable service rates using the FCC-1240 form to recover external costs (past and present), changes in the number of regulated channels, and inflation; and

 

WHEREAS, the FCC has issued rules allowing Time Warner Cable to incorporate provisions of the Time Warner Cable Social Contract into its FCC-1240 filing system, allowing for the recovery of projected system upgrade costs, and the recovery of reductions in basic tier (Lifeline) rates with adjustments to the CPS tier; and

 

WHEREAS, the Town is authorized to toll the time needed to review Time Warner Cable’s FCC-1240 rate filing by no more than a maximum of 90 days beyond the initial 30 days allowed by the FCC, totaling 120 days; and

 

WHEREAS, the Town is authorized to issue an accounting order, effective for 12 months, requiring the cable operator to maintain a complete and accurate accounting of all revenues and costs associated with the aforementioned rate filing;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill as follows:

 

·        That the time period in which the Town has to review Time Warner Cable’s FCC-1240 rate filing is tolled 90 days past the original 30 days (120 days total) allowed by the FCC, extending the total review period deadline to January 27, 1998;

 

·        That Time Warner Cable is directed to provide the Town with any, and all, necessary information requested by the Town so that a comprehensive review of the FCC-1240 rate filing may be conducted;

 

·        That Time Warner Cable is directed to maintain a complete and accurate accounting of all costs and revenues associated with the aforementioned FCC-1240 rate filing; and

 

·        That the accounting order contained within this filing shall remain in effect for a period of 12 months from the date of adoption of the Resolution.

 

This the 27th day of October, 1997.

 

AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES

 (97-10-27/O-2.1)

 

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

 

SECTION I

 

That section 21-36 “Parking space reserved for handicapped individuals,” subsection (4) is amended by replacing it with the following:

 

(4)  A parking space on the east side of Hamilton Road from a point approximately one hundred twenty nine (129) feet south of the centerline of Berkley Road to a point one hundred forty nine (149) feet south of said centerline.

 

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 27th day of October, 1997.

 

A RESOLUTION CONCURRING WITH A PROPOSED MEETING DATE FOR AN ASSEMBLY OF GOVERNMENTS MEETING (97-10-27/R-12.1)

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby concurs with the proposed meeting date of Thursday, November 20, 1997 at 7:00 p.m., at a meeting place to be proposed by the Orange County Board of Commissioners, for the purpose of continuing discussions regarding solid waste matters.

 

This the 27th day of October, 1997.

 

Item 4.2   Information Reports

 

Referencing the staff’s response to Eric Plow’s petition regarding blinking red traffic signals late at night, Council Member Evans suggested that the matter be referred back to Town staff for a follow-up report.  

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO REFER THE MATTER REGARDING LATE NIGHT TRAFFIC SIGNAL BLINKING TO TOWN STAFF (ITEM #5 IN MR. PLOW’S PETITION).  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Item 5  Appointments to Commissions

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO APPOINT TERESA WILLIAMS AND COUNCIL MEMBER MARK CHILTON TO THE ORANGE COUNTY HUMAN RELATIONS COMMISSION.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

THE COUNCIL ALSO APPOINTED PATRICIA MC CRACKEN TO A VACANT SEAT ON THE PARKS AND RECREATION COMMISSION.  ORIGINAL VOTING BALLOTS ARE ON FILE IN THE TOWN CLERK’S OFFICE.

 

Item 6  Rosemary Street Apartments

 

Mr. Waldon presented a review of the proposal, noting that the Council was being asked to consider requests for conditional use zoning and a special use permit.  

 

Mayor Waldorf noted that the Council had received a letter from Mr. Larry Short regarding parking for the proposed project.   Stating that the proposed building was quite tall and did not offer sufficient parking for all of the proposed bedrooms, Council Member Andresen inquired whether there was anything which precluded the Council from requiring that a certain number of parking spaces be provided by the applicant.  Mr. Karpinos said the Council could ask the applicant whether or not they were willing to accept a certain condition in this regard.  Stating that parking was a concern which needed to be thought about, Council Member Andresen encouraged Council Members to think about how parking requirements should be handled for this project.  Council Member Brown said she was concerned about the limited amount of parking being proposed by the applicant.  Council Member Andresen said she was suggesting coming up with a specific amount of parking with relation to the proposed number of bedrooms.  Mayor Waldorf noted that the Comprehensive Plan encouraged alternatives to parking spaces and the use of single-occupant vehicles.

 

Stating that people would not sell their cars if parking arrangements were inadequate, Council Member Capowski asked whether or not the applicant would be willing to build parking spaces for ninety percent of the proposed bedrooms.  Mr. Hining said although this would involve some study, he did not think that this would be possible.  Mr. Hining also said that Chancellor’s Square was a condominium project, rather than an on-site managed apartment community.  Council Member Capowski inquired whether or not Mr. Hining had any information that renters tended to have fewer cars than others.  Mr. Hining said he had no information to support this conclusion.

 

Council Member Brown inquired about the Town’s overnight parking policy in park and ride lots.  Mr. Horton said although some spaces were available for rental, there were currently only some spaces available only at the lot on Eubanks Road.

 

Council Member Evans requested that the project incorporate street tree plantings and meandering sidewalks as necessary in order to preserve existing trees.  Council Member Evans inquired what architectural safety precautions there would be in association with the recreation facility on the building’s roof.   Mr. Hining said that the recreational facilities would be located on the back section of the roof only, with a 48” high guard rail and that shaded areas would be provided.  Council Member Evans said she wondered whether 48” was a sufficient height for the guard rail.

 

Council Member Wiggins inquired whether or not estimated rental rates had been determined.  Stating that the rental rates would be determined by the market place, Mr. Hining said no estimated rental rates had been established.  Council Member Wiggins inquired what market of tenants would be targeted by the applicant.  Mr. Hining said the project would be targeted toward students, young professionals, and persons wishing to reside in the downtown area.  Council Member Wiggins said it was important to encourage people to be pedestrians, rather than always using their cars.

 

Larry Short, managing partner of the proposed development, said that the current rental rates for two to four bedroom units in the downtown area ranged between $600 and $2,500 per month.  Mr. Short also said that every effort was made to limit tenancy to one person per bedroom.

 

Council Member Andresen inquired how many properties Mr. Short managed in the area. Mr. Short said he managed approximately 120 properties in the Town.  Mayor Waldorf inquired about the impact of providing fifteen to twenty additional parking spaces on site.  Mr. Short said it might be possible to put these spaces in the rear portion of the project, currently planned as a buffer zone.

 

Stating that the proposed project was generally a good one, Council Member Brown inquired whether or not the Council would be willing to send the proposal back to the applicant and staff for refinement of parking accommodations.  Council Member Andresen said that she favored this approach.  Mayor Waldorf said it was important for the Council to develop a clearer sense of what it was asking the applicant to consider.

 

Mr. Short stated that a lot of people looked for places to live where one did not have to have a car.  Council Member Andresen suggested the possibility of limiting parking to an average of one or one and a half cars per unit.  Mr. Short noted that he had a list of private parking providers in the downtown area.

 

Expressing his belief that the proposed project would be a great asset to the West Rosemary Street area, Council Member Capowski inquired about the possibility of contracting for additional off-site parking spaces.  Mr. Short said he could try to do so.  Council Member Capowski said that he would be happy with the proposed project if the applicant would be willing to accept a stipulation regarding the provision of additional off-site parking space for residents.

 

Council Member Chilton said that his greatest concern was the potential for illegal parking in the Northside neighborhood.  He suggested that a more helpful condition of approval would be for the applicant to help pay for the cost of a Parking Enforcement Officer position.

 

COUNCIL MEMBER CAPOWSKI MOVED THAT THE COUNCIL RECESS THE PUBLIC HEARING AND REFER THIS EVENING’S DISCUSSION TO STAFF TO WORK WITH APPLICANT ON DEVELOPING ADDITIONAL OPTIONS FOR TENANTS TO PARK ON SITE OR SOMEWHERE PROXIMATE TO THE PROPOSED APARTMENTS.  COUNCIL MEMBER BROWN SECONDED THE MOTION.

 

Referencing additional parking options, Council Member Wiggins said she was concerned about passing any additional costs on to potential tenants such as young professionals.  Mr. Horton said that staff would do their best in this regard.

 

Stating that it was important to provide adequate parking for persons living in the downtown area, Council Member Pavão said he could not support a proposal to limit the number of cars.

 

Aaron Nelson said that a number of University students did not have cars and therefore sought out residences which were within walking distance of the University campus.  Stating that a relatively basic apartment in the downtown area rented for $875 per month, Mr. Nelson said he would appreciate any efforts to keep the proposed apartments as inexpensive as possible.  Council Member Andresen said that the Council’s focus was to get the best project possible.

 

Stating that the proposed units would have rents near the market value, Council Member Wiggins said she favored the Council spending some time reviewing the Town’s Comprehensive Plan regarding affordable housing options.  Mayor Waldorf inquired about the anticipated follow-up date for a report by Town staff.  Mr. Horton said the report could be prepared by November 24th.  Noting that she thought taking up to one hundred parking spaces might be going too far, Mayor Waldorf  said she nonetheless favored referring the matter back to Town staff.

 

THE MOTION TO REFER WAS ADOPTED BY A VOTE OF 7-2, WITH COUNCIL MEMBERS FRANCK AND PAVÃO VOTING NO.

 

Item 7   Davie Circle Parking Restrictions

 

Town Engineer George Small presented an overview of the Davie Circle parking situation.

 

Valerie Yow, a writer and resident of Davie Circle, noted that she had frequent meetings with fellow writers at her home.  Ms. Yow said it was important for her visitors to be able to park on Davie Circle without the need for a parking permit.

 

Charles Capper, a professor at the University of North Carolina and a resident of Davie Circle for ten years, noting the safety of area children, requested that the Council reject the petition before them this evening regarding Davie Circle parking restrictions.  Carol Capper expressed her concurrence with Mr. Capper’s remarks.

 

Joe Straley, a resident of Davie Circle for fifty years, said that he took issue with many assumptions in the Manager’s study regarding Davie Circle parking restrictions.  Mr. Straley said that the problem with parking on Davie Circle lay in the existing parking restrictions.

 

Noting that the Council had heard from people with a lot of different needs and points of view, Council Member Andresen suggested the possibility of having some areas to accommodate guest parking, while some other areas might permit no parking at all.

 

Council Member Franck noted that persons having a large number of guests for a short period of time could call the Police Department to request that tickets not be written if their visitors did not have residential parking permits.  Mr. Horton said he believed that this was correct.  Council Member Evans suggested the possibility of having signs stating “residential parking only” as a means of discouraging commuter parking.  Council Member Brown expressed her concurrence with this proposal.

 

COUNCIL MEMBER CHILTON MOVED THE ADOPTION OF ORDINANCE 4, WITH FORMER ALDERMAN STRALEY TO LEAD DISCUSSIONS ABOUT ALTERNATIVE PARKING SOLUTIONS.  THE MOTION WAS SECONDED BY COUNCIL MEMBER BROWN.

 

Council Member Capowski said he would support the motion because of the neighborhood petition on this matter.   Council Member Andresen said there was an approximately even number of people favoring and opposing the parking restrictions.

 

THE MOTION WAS ADOPTED BY A VOTE OF 7-2, WITH COUNCIL MEMBERS ANDRESEN AND FRANCK VOTING NO.

 

AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES

(97-10-27/O-4 )

 

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

 

SECTION I

 

That Section 21-27.8 of the Town Code of Ordinances "No parking anytime except by residential permit.” is amended by deleting the following:

 

STREET                      SIDE                FROM                                     TO

 

Davie Circle                 Outer               Jones Circle                              A point 436 feet east of the

                        Radius                                                              centerline of Franklin Street

 

Jones Street                  Both                 Davie Circle                             Hill Street

 

Hill Street                     Both                 Jones Street                              End

 

SECTION II

 

This ordinance shall become effective on November 1, 1997.

 

SECTION III

 

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

 

This the 27th day of October, 1997.

 

COUNCIL MEMBER BROWN MOVED THAT STAFF LOOK INTO POSSIBLE ALTERNATIVES, INCLUDING POSTING OF “RESIDENTIAL PARKING ONLY” SIGNS.  COUNCIL MEMBER WIGGINS SECONDED THE MOTION.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Item 8  Parking-Related Matters

 

Mr. Waldon said that staff was recommending calling a hearing on January 21, 1998 to consider a number of changes in downtown parking regulations.   Mayor Waldorf said that the proposed ordinance for parking space payments-in-lieu was more reality-based than the current ordinance.

Mayor Waldorf also said she agreed with staff that Resolution B not be adopted.

 

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER FRANCK, TO ADOPT RESOLUTION 14.1A.

 

Council  Member Brown suggested a friendly amendment that the matter also be referred to the Downtown Small Area Plan Committee.  The motioner and seconder concurred.

 

RESOLUTION 14.1A WAS ADOPTED AS AMENDED UNANIMOUSLY (9-0).

 

A RESOLUTION CALLING PUBLIC HEARINGS TO CONSIDER CHANGES TO THE TOWN CODE AND CHANGES TO THE DEVELOPMENT ORDINANCE REGARDING THE TOWN PARKING REQUIREMENTS (97-10-27/R-14.1a)

 

WHEREAS, the Chapel Hill  Town Council received the recommendations of the Parking Committee regarding Town parking requirements on May 27, 1997; and

 

WHEREAS,  the Parking Committee requested that the Town Council direct the Town Manager to draft proposed ordinance language regarding four specific areas of concern;

 

NOW, THEREFORE, BE IT RESOLVED that the Town Council hereby calls:

 

·        A Public Hearing for Wednesday, January 21, 1998, 7:00 p.m., at the Council Chamber of Town Hall, to consider a Development Ordinance Text Amendment which would allow payments-in-lieu of providing on-site parking to be required by the Town in situations where a Transportation Management Plan is provided in lieu of providing on site parking in the Town Center zoning districts.

 

·        A Public Hearing for Wednesday, January 21, 1998, 7:00 p.m., at the Council Chamber of Town Hall, to consider a Development Ordinance Text Amendment which would increase the maximum distance between off-site parking (if the off-site parking is approved by the Town) and the public entrance of a related development from 500 to 1,200 feet.

 

·        A Public Hearing for Wednesday, January 21, 1998, 7:00 p.m., at the Council Chamber of Town Hall, to consider an amendment to the Town Code which would reduce the present payment-in-lieu of providing parking spaces from $7,200 to a lesser amount.

 

·        A Public Hearing for Wednesday, January 21, 1998, 7:00 p.m., at the Council Chamber of Town Hall, to consider an amendment to the Town Code which would allow a payment-in-lieu of providing parking spaces to be made through an irrevocable letter of credit or equivalent instrument acceptable to the Town with a term of at least 10 years and callable by the Town at its option when parking improvements are being made.

 

BE IT FURTHER RESOLVED that the Town Manager is hereby directed to  prepare proposed ordinances amending the Development Ordinance and Town Code for review and recommendation by the Planning Board, Downtown Small Area Plan Committee, and Transportation Board prior to January 21, 1998.

 

This the 27th day of October, 1997.

 

Mr. Waldon said that this item regarding front-yard parking came back to the Council following a public hearing in September.  He stated that the staff’s memorandum responded to concerns raised at the hearing.  Mr. Waldon noted that the Manager, Transportation Board, Planning Board and Historic District Commission recommended the adoption of Ordinance A.

 

Council Member Andresen inquired about the possibility of an enforcement officer handling front-yard parking concerns on a complaint basis.   Mr. Horton said that these would be civil matters, related to the identification of zoning violations.  He added that compliance would be sought on a voluntary basis as a first choice.

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER FRANCK, TO ADOPT ORDINANCE A.

 

Noting that she had driven through the Town’s three historic districts earlier in the day and only witnessed a few front-yard parking problems.   Stating that she would not support the proposed ordinance now, because it involved bringing a great deal more government to this policy area.  Council Member Evans said she favored the exploration of other creative means.

 

Council Member Chilton asked when the ordinance would go into effect.  Mr. Waldon said the ordinance would go into effect immediately, with a six month amortization period for violations.  Council Member Chilton said that the Northside neighborhood was not included in the proposed ordinance.   Council Member Wiggins asked whether violation notices went to auto or property owners.  Mr. Horton said potential actions would be against property owners.

 

ORDINANCE A WAS ADOPTED BY A VOTE OF 8-1, WITH COUNCIL MEMBER EVANS VOTING NO.

 

AN ORDINANCE TO REGULATE THE USE OF FRONT YARDS FOR PARKING PURPOSES (97-10-27/O-5)

 

WHEREAS, citizens have petitioned the Town Council to develop restrictions and guidelines regarding parking in front yards; and

 

WHEREAS,  the Council finds that the concerns raised by the petition merit consideration of additional zoning ordinances; and

 

WHEREAS, the Town does not have regulations in place restricting the parking of vehicles on residential properties; and

 

WHEREAS, the Town has a vital interest in maintaining the health, safety and maintenance of its neighborhoods; and

 

WHEREAS, the Council of the Town of Chapel Hill has considered the proposed amendment to the Chapel Hill Development Ordinance regulating the use of front yards for parking in designated areas, and finds that the amendments are appropriate due to changed or changing conditions in a particular area or in the jurisdiction generally and achieve the purposes of the Comprehensive Plan;

 

NOW, THEREFORE, BE IT ORDAINED as follows:

 

SECTION I

 

ADD Subsection 14.6.5(p) of the Chapel Hill Development Ordinance, “Parking Design Standards” to read as follows: 

 

p)  Within designated Historic Districts the following restrictions shall apply:  Parking and drive areas located in front yards (between the street and a line drawn parallel to the street from the point of the house that is closest to the street ) shall be maintained in a safe, sanitary and neat condition, shall not contribute to soil erosion or to tree damage,  shall be clearly designated and covered with an all weather surface or gravel, and shall be limited in area to up to 40 percent of the front yard area.  Access to front yard parking shall be limited to properly approved curb cuts.   If the Town Manager finds all of the following conditions to exist on the property: 

 

(1)  The parking area is clearly defined and/or marked; and

(2)  The parking area is maintained in a safe, sanitary, and neat condition; and

(3)  The parking area does not contribute to soil erosion or tree damage;

(4)   Access to front yard parking shall be limited to properly approved curb cuts;

(5)  The location and dimension of such parking area is traditionally and customarily associated with the subject structure, and

 

(6)  The Historic District Commission grants a Certificate of Appropriateness for the parking area,

 

then the manager shall grant an exception to allow the specific parking area to exceed the 40 percent limit in accordance with the approved Certificate of Appropriateness. 

 

SECTION II

 

RENUMBER Sections 22.7 and 22.8 to be Sections 22.8 and 22.9 and ADD a new Section 22.7 of the Chapel Hill Development Ordinance, “Nonconformity’s” as follows:

 

22.9  Nonconforming Parking Areas in Front Yards

 

Within designated Historic Districts any nonconforming parking area in a front yard shall either be eliminated or made to conform to current regulations of this chapter within six (6) months after the date of notice of nonconformity.

 

SECTION III

 

That these amendments shall become effective upon adoption.

 

SECTION IV

 

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

 

This the 27th day of October, 1997.

 

Council Member Chilton said that there were a number of streets in Northside (including Short Street, Church Street, Pritchard Avenue and Carr Street)  where front-yard parking was a problem.  Council Member Chilton requested that staff come back with language for these four streets.

 

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER FRANCK, TO HAVE STAFF PREPARE LANGUAGE REGARDING STREETS IN THE NORTHSIDE NEIGHBORHOOD.

 

Council Member Wiggins noted the importance of notifying Northside neighborhood residents about any front-yard parking programs.

 

THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Council Member Brown requested that Mayor Waldorf contact the University administration to get information about its transportation committee.  She suggested that the possibility of Town involvement on the committee be explored.

 

Council Member Chilton moved that item 4.1e be postponed until  a future Council meeting.  There was Council concurrence on this point.

 

Item 9  East Chapel Hill Traffic Study

 

Mr. Waldon said that staff was bringing the Council a menu of options regarding a traffic study for portions of East Chapel Hill.  Noting that the next level of analysis would involve some traffic modeling, Mr. Waldon said that Town staff could put together a request for proposals at the direction of the Council.

 

Council Member Pavão said he liked the idea of a Town-wide approach to a traffic study.  He also inquired whether or not staff had a sense of the length of time and cost involved with such a study.  Mr. Horton said that staff had no real idea of a specific time frame.  He added that a estimated cost range was in the vicinity of $50,000 to $100,000.  Council Member Pavão inquired when staff could have a better sense of estimated costs.  Mr. Horton said within forty-five to sixty days.

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, FOR THE COUNCIL TO ENDORSE OPTION 3.

 

Council Member Andresen said that the idea put forward by the Manager was a terrific one to measure the impacts of developments such as Meadowmont.  Council Member Andresen also said she wanted to see something which would mitigate immediate traffic impacts, such as some specific ideas for traffic calming.  She requested additional information on the staff’s proposal in this matter.  Mr. Horton said that option 3 would authorize Town staff to move ahead with a study of traffic calming techniques for neighborhoods possibly impacted by the Meadowmont development.  Council Member Andresen suggested that appropriate Town staff attend conferences regarding traffic calming techniques and strategies.

 

Council Member Evans inquired how the proposed modeling would incorporate development occurring outside of Town limits.  Mr. Horton said that the model would not take this into account.  Mayor Waldorf noted that the U.S. 15-501 traffic study would have a lot of information about possible future traffic impacts.

 

Noting that he favored a traffic model for the entire Town, Council Member Capowski asked whether the Council would have time to evaluate traffic calming and modeling information.  Mr. Horton said that the Council would have an opportunity to do so.

 

THE MOTION TO ENDORSE OPTION 3 WAS ADOPTED UNANIMOUSLY (9-0).

 

Item 10   Response to Citizen Petition Regarding Cassini Space Probe

 

Council Member Franck said he had gathered some additional background information and had drafted a resolution responding to a recent citizen petition regarding the use of Plutonium as a fuel source for the Cassini Space Probe and future NASA missions.   Peggy Misch thanked Council Member Franck for preparing an excellent resolution.  She also suggested that the Council amend the proposed resolution title to include President Clinton and to note that NASA was planning eleven other missions in the future which would use plutonium as a fuel source.

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER FRANCK, TO ADOPT RESOLUTION 11, AS AMENDED. 

 

Council Member Capowski said he would vote against the proposed resolution because he felt that neither the Town Council or staff  was sufficiently competent to evaluate the risks or benefits of the Cassini Space Probe.  He also said that this matter had nothing to do with the provision of services to Town residents.  Council Member Capowski also noted that the Council had recently placed a vigorous objection with the federal government regarding the proposed  alternate use of a prospective landfill site.  Finally, Council Member Capowski said absent competent evaluation resources,  it was not appropriate for a municipality to promote national or international agendas.

 

Council Member Andresen said although the matter was not immediately relevant to Town services, the Council had responded to similar citizen petitions by taking symbolic actions.  Council Member Andresen said she would support the proposed amended resolution.

 

RESOLUTION 11, AS AMENDED, WAS ADOPTED BY A VOTE OF 8-1, WITH COUNCIL MEMBER CAPOWSKI VOTING NO.

 

A RESOLUTION REQUESTING THAT THE PRESIDENT OF THE UNITED STATES AND THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION DISCONTINUE THE USE OF NUCLEAR POWER SOURCES AND FOCUS RESEARCH ON CLEAN ENERGY SOURCES (97-10-27/R-17)

 

WHEREAS, NASA, on October 15, launched the Cassini space probe on its mission to explore Saturn; and

 

WHEREAS, the Cassini probe contains 72.3 pounds of plutonium-238, a highly radioactive substance and one of the most potent carcinogens known to humanity, to power instruments aboard the probe; and

 

WHEREAS, the Cassini probe will make a “Fly-by” of Earth in August, 1999, to pick up speed on its way towards Saturn, posing risk of contamination from the plutonium on board; and

 

WHEREAS, the instruments aboard the probe could be powered by solar energy, and investments by NASA in solar technology would have much greater “spin-off” value for use on earth than nuclear energy sources; and

 

WHEREAS, 11 more vehicles carrying plutonium from amounts less than to greater than Cassini’s are scheduled to be launched between 1998 and 2009, and there will be two with a “Fly-by”;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill, North Carolina, that the Council calls on the national Aeronautics and Space Administration to discontinue its use of nuclear power sources, including plutonium-238, in future space missions, and to focus its research on clean energy sources, such as solar power, which could benefit the earth’s population.

 

BE IT FUTHER RESOLVED that copies of this resolution be sent to:

 

            William Clinton, President of the United States

            Daniel S. Goldin, Administrator, NASA

            Jesse Helms, United States Senator

            Lauch Faircloth, United States Senator

            David Price, United States Representative

 

This the 27th day of October, 1997.

 

Item 11  Items by Council Members

 

Proposed Bolin Creek Waterfront Park

 

Council Members Franck and Pavão introduced a brief videotape by Dianne Lemasters and Eva Metzger regarding a proposal for a linear park along portions of Bolin Creek near the U.S. 15-501 Bypass.  Council Member Franck said that the resolution before the Council would ask the Manager to seek funding for the proposed linear park.  Council Member Pavão said he believed that the Parks and Recreation and Greenways Commissions were proposing the development of trails for this area.

 

Council Member Brown inquired about possible funding sources and how these funds might be used.  Mr. Horton said that the State of North Carolina might offer some grants for the protection of riparian areas.  Mayor Waldorf noted that the staff was not free to look into the possibility of these funding sources without Council approval of the project.

 

Council Member Andresen suggested that staff investigate possibilities for pedestrian linkages.  Council Member Andresen also said she had spoken to the Chair of the Greenways Commission and that he had expressed a number of concerns, including the number of people who might benefit from the trail/park.  Council Member Andresen also said that she would be interested in seeing detailed comments from the Greenways and Parks and Recreation Commission about the proposed trail.

 

Council Member Evans stated that all the participants in the recent walk of the proposed linear park were amazed by the mix of greenspace, lushness and pollution in this area.  She suggested that this site could serve as an urban park for the existing natural habitat.

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER FRANCK, TO ADOPT RESOLUTION 16.1.

 

Council Member Capowski said that videotape of the walking tour of this area was an excellent example of public access programming possibilities.  Council Member Capowski inquired how the proposed linear park would effect the development of the Town’s other greenways.  Mr. Horton said that this would be up to the Council.  He added that since this proposal was distinctly different from other projects, it was unlikely that this proposal would impact the status of other Town greenway projects.   Council Member Capowski inquired whether or not it was correct that 1996 bond funds were not a potential funding source.  Mr. Horton said this was correct at this point.   Council Member Brown inquired about adding the word “exploring” to the proposed resolution.   Mr. Horton said this would make it difficult to secure project funding.  Mayor Waldorf said it was her understanding that the proposed linear park was to be included in the Greenway Commission’s draft master plan.

 

Council Member Pavão said he was frankly surprised by the Greenways Commission Chair comments conveyed by Council Member Andresen regarding the proposed linear park/greenway.  Noting that Pamela Hemminger was Chair of the Greenways Commission, Council Member Franck said that Council Member Andresen might have spoken to the Commission’s Vice-Chair about this matter.  He also noted that the Council would have to approve the concept plan for any possible linear park.

 

Interim Parks and Recreation Director Bill Webster said that the Greenways Commission’s draft master plan did not contain a lot of details about this proposed project.  He said that the proposal was basically to continue the Booker Creek trail through the area.  Council Member Capowski inquired about the possibility of federal grants for greenways.  Mr. Horton said such funds were mostly remediation-related  grants.

 

RESOLUTION 16.1 WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION ENDORSING THE CONCEPT OF CONSTRUCTING A WATERFRONT PARK ADJACENT TO BOOKER CREEK AND AUTHORIZING THE MANAGER TO SEEK FUNDING FOR DESIGN AND DEVELOPMENT OF THE PARK (97-10-27/R-16.1)

 

WHEREAS, that section of Booker Creek that flows between East Franklin Street and Fordham Boulevard has the potential to be used as a community park, protect water quality and enhance pedestrian transportation;, and

 

WHEREAS, two commercial properties that partially lie within the Booker Creek flood plain are anticipated to be redeveloped in the near future; and

 

WHEREAS, the Council would like to reduce the amount of impervious surface in the Booker Creek flood plain, improve the flow of water in Booker Creek, and provide a public recreation amenity in the area surrounding the lower portion of Booker Creek; and

 

WHEREAS, this project might qualify for State or Federal grant funds established for projects which reduce the occurrence of flooding along streams and rivers;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council endorses the concept of building a Waterfront Park along Booker Creek between East Franklin Street and U.S. 15-501.

 

BE IT FURTHER RESOLVED that the Council directs the Town Manager to seek funding for the design and development of such a park and to contact property owners in the area of the proposed Waterfront Park to inform them of the Town’s plans and to seek their cooperation in this project.

 

This the 27th day of October, 1997.

 

Recommended Process for Use of  1996 Open Space Bond Funds

 

Council Member Franck said he had put together a few ideas, inviting all interested Town advisory boards to comment on possible uses for the voter-approved 1996 open space bonds.

 

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT RESOLUTION 16.2.   THE RESOLUTION WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION DIRECTING THE GREENWAYS COMMISSION TO MAKE ADDITIONAL RECOMMENDATIONS FOR SPENDING 1996 OPEN SPACE BOND FUNDS (97-10-27/R-16.2)

 

WHEREAS, the voters of Chapel Hill approved the issuance of $3,000,000 in bonds for the purchase of land for open space and greenways; and

 

WHEREAS, the Council has already directed the Manager to begin land acquisition along Booker Creek as part of the Phase II of the Lower Booker Creek Trail project and the Glen Lennox/Cleland Road area; and

 

WHEREAS, in October 1997 the Greenways Commission and the Parks & Recreation Commission made initial recommendations for the expenditure of 1996 Open Space bond funds;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council instructs the Greenways Commission to develop and carry out the following process for making additional recommendations to the Town Council for purchasing properties with the proceeds of Open Space bond funds:

 

·        Involve of all of the Town’s advisory boards with an interest in the issue.

·        Seek and receive public opinion from citizens, interest groups (such as the Triangle Land Conservancy) and property owners.

·        Consider the goals of wildlife habitat preservation, interconnecting existing pedestrian and bicycle trails to promote efficiency for these transportation modes, and improving water quality by preserving open space near streams.

·        Prepare an additional set of recommendations for Council consideration by November, 1998 which identify specific properties for purchase, purchase priorities, and approximate schedules for purchase of properties utilizing Open Space bond funds.

 

This the 27th day of October, 1997.

 

Item 12   1997-98 Priority Goals and Objectives

 

Noting that a total of thirty-four goals had been outlined at the Council’s August planning session, Mr. Horton said that Town staff would make a commitment to addressing the Council’s higher priority goals.  Council Member Andresen said it was important to move forward on attaining these goals.  Mr. Horton said his main objective was to meet goals one through eleven.  Council Member Franck commended the Manager for doing an excellent job of preparing the proposed resolution.

 

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

 

A RESOLUTION ESTABLISHING THE TOWN COUNCIL’S PRIORITY GOALS AND OBJECTIVES FOR 1997-98 (97-10-27/R-18)

 

WHEREAS, the Council met on September 5, 1997 to develop goals and objectives for 1997-98; and

 

WHEREAS, the Council engaged in a process to designate their high priority goals for the year, with the top eleven goals as the priority goals and objectives for 1997-98;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council establishes the following priority goals and objectives for 1997-98:

 

PRIORITY GOALS AND OBJECTIVES FOR 1997-98

 

Priority Council Goals/Manager’s Proposed Actions

 

 

Critical

1.     Hire new director of Parks and Recreation: dynamic, creative, ready to restructure Recreation Department and programs (give Town more dynamic recreation program).

 

a.      Complete initial recruitment and preliminary screening by end of first quarter.

 

b.     Design, organize and conduct assessment of finalists in second quarter; involve Parks and Recreation Commission and Greenways Commission in assessment process, along with Department Heads.

 

c.      Complete assessment process and either negotiate employment agreement with acceptable finalist or renew recruitment and repeat process; second quarter.

 

d.     New Director reports to work in third quarter; begins program assessment with involvement of advisory boards and the Council.

 

2.     Continue to improve public housing.

 

a.      Prepare revised five-year plan for continued refurbishment of 100 public housing units, with estimated costs, revenues, and timetable; present to Housing Advisory Board and the Council for consideration; third quarter.

 

b.     Develop specific plan for enhanced resident services, with statement of resources needed and benefits to be obtained; present to Housing Advisory Board and the Council for consideration; begin implementation in third quarter.

 

c.      Devise plan to obtain systematic feedback from public housing residents, the Residents’ Council, and the Housing Advisory Board regarding all key performance areas of the Housing Department; utilize scientific survey techniques, focus groups, interviews and other survey techniques to obtain valid and reliable data.  Design by third quarter; initiate work by fourth quarter.  Use results to develop specific follow-up work plans.

 

d.     Continue to improve public safety and security in public housing neighborhoods through improved applicant screening, consistent enforcement of community standards embodied in lease agreement, and community oriented policing programs.

 

Important

3.     Increase availability of Town information on Internet and cable television (short-term).

 

a.      Move Internet web site from Institute of Government and establish independent Town web site; second quarter.

 

b.     Improve information availability by adding Council meeting agendas, main memoranda from Council packets, and minutes as web-site offerings; third quarter.

 

c.      Provide regular updates of Town service catalogue on web site.

 

d.     Purchase and install larger character generator so that longer text messages may be run on a regular basis on cable television to provide public notice of Council agendas, actions and upcoming community events; second quarter.

 

4.     Develop a way that the Council can have a context for individual development proposals (mapping, impacts).

 

a.      Provide standardized wide-area maps showing key natural features and nearby development using Town geographic information system; implement by third quarter.

 

b.     Provide standardized maps of traffic counts on area streets, using Town geographic information system; implement by third quarter.

 

5.     Increase transit ridership (or at least maintain) within existing resources.

 

a.      Alter service schedules and adjust service levels on particular route segments to serve demand for additional University-related service; first quarter and continuing.

 

b.     Adjust Tar Heel Express service to meet need for earlier departures from park-ride lots on football game days; first quarter and continuing.

 

c.      Seek marketing advice from panel of citizens with marketing expertise; recruit applicants and establish panel with Council appointments by third quarter; receive report by fourth quarter for consideration along with 1998-99 budget requests.

 

6.     Develop a more understandable budget document to make it easier for Council to work with (e.g. compare this year’s dollars to last few years).

 

a.      Revise format of budget message to make it easier for the reader to compare the proposed budget to key features of present and previous budgets; fourth quarter.

 

b.     Provide important trend information in graphic as well as numeric form to more clearly show important revenue and cost information; fourth quarter.

 

c.      Include separate columns for adjustments reflecting accruals in all summary tables so that both original and adjusted budget lines can be compared to previous and proposed budgets; fourth quarter.

 

Desirable

7.     Help Council increase number of underrepresented groups in pool of nominees for Town boards and commissions (Manager to prepare process).

 

a.      Present process options to the Council at the January planning session; also, present analysis of advisory board composition.

 

8.     Have independent analysis of traffic impacts of all new development proposals.

 

a.      Present report to the Council outlining options that could produce independent traffic analyses, with estimated resources needed and costs for Council consideration; third quarter.

 

9.     Plan for community policing for whole department ¾ every officer is community officer.

 

a.      Present report to the Council in third quarter that reviews progress in carrying out community oriented policing program, outlines plan for eventual full implementation of community oriented policing, explains next steps in 1997-98, and proposes actions for 1998-99.

 

10. Get more balanced and complete information on development proposals.

 

a.      Schedule work session with the Council for the purpose of clarifying the Council’s desired improvements and discussing possible options for the Council’s consideration; schedule by second quarter.

 

b.     Conduct work session by third quarter.

 

c.      Prepare implementation plan for the Council’s consideration and begin implementation in third quarter.

 

11. Stand back and re-think whole transit system ¾ should it change in some way?  Citizen expects, bus users, partners in system (Manager proposes process and issues).

 

a.      Present report to the Council in third quarter that outlines proposed process and focus of work.

 

b.     Initiate work as desired by the Council and provide staff support in third quarter.

 

Additional

The following additional goals suggested by Council Members will be taken into account by the Manager and the appropriate department heads as work plans are carried out in 1997-98.  These additional goals will receive attention as resources permit and consistent with the need to give higher priority to the higher priority goals of the Council.

 

12.  Increase green space and buffers ¾ both through development standards and direct action.

 

13.  Tell Council how to get approved sidewalks built faster.

 

14.  Revisit Adequate Public Facilities Ordinance ¾ regulate development by availability of public facilities.

 

15.  Look at solutions to issues on a regular basis, not just Town or County-wide.

 

16.  Provide Council with long-range facility plan including school board plans.

 

17.  Maintain/improve community appearance.

 

18.  Increase transportation, long-range planning capability of Town staff.

 

19.  Emphasize basic services in budget recommendation, etc.

 

20.  Establish a citizens group to investigate how technology could improve service delivery and information dissemination (longer term).

 

21.  Strive for more intergovernmental cooperation on recreation facilities and programs to be more efficient.

 

22.  Recommend budget for 1998-99 that doesn’t need tax increase (to the extent possible).

 

23.  Improve basic maintenance and cleaning of Town streets.

 

 

24.  Develop means for public to have easy access to information from departments (especially development proposals).

 

25.  Provide incentives to staff for highest production.

 

26.  Manager should bring his concerns to the Council.

 

27.  Tell Council which department needs additional staff to accomplish Council goals.

 

28.  Develop a system for easy access to details behind budget figures.

 

29.  Develop transportation model for sensitivity analysis ¾ including roads, sidewalks, transit, bikepaths.

 

30.  Maintain safe community for residents and visitors.

 

31.  Develop understanding on how Manager should relate to interest groups in Town.

 

32.  Look at Currituck’s public facilities ordinance as a possible example.

 

33.  Maintain and replace trees/shrubs on entryways and maintain public planting.

 

34.  Reach common understanding of how Manager/Attorney deal with individual requests from Council Members (memorandum from Manager and Town Attorney).

 

This the 27th day of October, 1997.

 

Item 13  Salary Increases for Town Attorney and Manager

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT ORDINANCE 6.

 

Council Member Franck inquired about the percentage increase awarded to employees receiving satisfactory ratings.  Mr. Horton said it was 3.5%.

 

ORDINANCE 6 WAS ADOPTED BY A VOTE OF 8-1, WITH COUNCIL MEMBER FRANCK VOTING NO.

 

AN ORDINANCE AMENDING THE POSITION CLASSIFICATION AND PAY PLAN DATED  OCTOBER 1, 1997 (97-10-27/O-6)

 

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Ordinance Establishing a Position Classification and Pay Plan (97-6-23/O-7) is amended as follows:

 

 

In Section IV, part B, under Elected and Appointed Officials,  DELETE the lines

 

            Position:                       No.                 

 

Town Manager             1                      $93,748

Town Attorney             1                      $86,628

 

and ADD the lines

 

            Position:                       No.                 

 

Town Manager             1                      $97,498

Town Attorney             1                      $90,093

 

 

This the 27th day of  October,  1997.

 

Item 4.1f    Southern Village School Soccer Fields

 

Council Member Capowski inquired about the staff’s source for the cost estimate of about $200,000 for the proposed soccer field.  Ms. Loewenthal said this figure was based on construction drawings for the facility, and included clearing of six acres of land, grading and, fine grading of the field, the installation of a telephone line and scoreboard.  Council Member Capowski said that this figure sounded high compared to the cost of similar soccer field facilities.  Mr. Horton noted that the Chapel Hill-Carrboro Schools would be responsible for providing actual costs for the soccer field to Town staff.  Council Member Pavão inquired whether or not a parking lot was being built in association with the soccer field.  Ms. Loewenthal noted that a parking lot was being constructed as part of the overall school development project.  Referencing point number eight of the joint use agreement, Council Member Franck said it was imperative that the public be able to use the greenway trail at any time.  Mr. Horton said that this language could be modified to accommodate this request.  Mayor Waldorf inquired when the joint use agreement would be renegotiated.  Ms. Loewenthal said this would take place in the near future.

 

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT RESOLUTION 5A.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION AUTHORIZING THE EXECUTION OF A DEVELOPMENT AND JOINT USE AGREEMENT WITH THE BOARD OF EDUCATION RELATED TO THE SOUTHERN VILLAGE ELEMENTARY SCHOOL (97-10-27/R-5a)

 

WHEREAS, the Town of Chapel Hill and the Chapel Hill-Carrboro Board of Education have agreed to cooperate on the development and future use of the Southern Village Elementary School; and

 

WHEREAS, the Town Manager has negotiated an agreement with the School Board, as directed by the Town Council at its March 3, 1997 meeting;

 

NOW, THEREFORE, BE  IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is authorized to execute a Development and Joint Use Agreement substantially in the form presented to the Council at its October 27 1997 meeting, and attached hereto.

 

This the 27th day of October, 1997.

 

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT RESOLUTION 5B.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION AUTHORIZING THE SALE TO THE BOARD OF EDUCATION  OF 6.3 ACRES OF LAND ADJACENT TO THE  SOUTHERN BORDER OF THE SITE OF THE SOUTHERN VILLAGE ELEMENTARY SCHOOL (97-10-27/R-5b)

 

WHEREAS, the Town Manager is authorized to execute a Development and Joint Use Agreement with the Chapel Hill-Carrboro board of Education related to the Southern Village School; and

 

WHEREAS, this agreement provides for the Town to share the use of the soccer field and, occasionally, the multi-purpose and art rooms of the Southern Village Elementary School;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is authorized to execute the sale of 6.3 acres of park land adjacent to the Southern Village Elementary School to the Board of Education for the sum of $23,500 per acre, or a total of  $148,050.

 

This the 27th day of October, 1997.

 

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

 

There was no need for a closed session.

 

The meeting concluded at 10:27 p.m.