SUMMARY OF A REGULAR MEETING OF THE CHAPEL HILL TOWN COUNCIL MONDAY, FEBRUARY 23, 1998 AT 7:00 P.M.

 

Mayor Waldorf called the meeting to order at 7:00 p.m.  Also in attendance  were Council Members Julie Andresen, Flicka Bateman, Joyce Brown, Joe Capowski, Kevin Foy, Pat Evans, Lee Pavăo and Edith Wiggins.  Also in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Planning Director Roger Waldon and Town Attorney Ralph Karpinos.

 

There were no ceremonies.

 

Item 2a  Public Hearing on Proposed Amendment to the

Community Development Program

 

Long Range Planning Coordinator Chris Berndt reviewed the staff’s recommendations regarding a proposed amendment to the Town’s 1997-1998 Community Development Program.

 

Ann  Di Gianno, representing Habitat for Humanity of Orange County, spoke in support of  Habitat’s proposed Millennium project, an eleven-unit housing development to be constructed on Rogers Road.   Ms. Di Gianno said that Habitat for Humanity was seeking 18% of the project’s estimated cost from the Town.

 

John Tyrrell, President of the Orange County Habitat for Humanity Board of Directors, said that affordable housing was becoming more difficult to attain in Orange County.  He stated that Habitat for Humanity had been responsible for putting 214 persons formerly residing in substandard housing into their own decent, low-priced homes in Orange County.

 

Rich Leiber, Volunteer Construction Chair for Orange County Habitat for Humanity, showed slides of recent Orange County Habitat for Humanity housing projects.

 

Angelique Holman said she had volunteered with Habitat for Humanity to help families and individuals build safe and stable home environments.

 

Joe Sappanaro briefly reviewed Orange County Habitat for Humanity’s program participation requirements.   He noted that program participants needed to meet certain income and employment history criteria.   Mr. Sappanaro said that the existing program worked well.

 

Doncella Byers, a prospective future homeowner,  said that the opportunity to participate in Orange County’s Habitat for Humanity programs had greatly improved her self-esteem.

 

Ruben Hayes, a  Knolls Development Association Board Member, said that the association would repay one-half of its outstanding loans by the end of February.  He expressed concern that false and inaccurate innuendoes had been made about the Knolls Development Association’s handling of funds.

 

Ted Parrish, representing the Knolls Development Association, said that his organization relied on volunteers and therefore could not, and did not wish to, compete with Habitat for Humanity.   Mr. Parrish suggested that the Town expend HUD funding for housing and community development programs as soon as possible, purchase property in the Merritt Mill area as soon as possible and extend the Town’s performance agreement with the Knolls Development Association.

 

George “Bo” Sanford, President of the Knolls Development Association, asked that the Council provide funding of $50,000 for the Knolls Development Association to hire a full-time Executive Director.

 

Jackie Parrish, a Pine Knolls resident,  said that rumors to the contrary, it was untrue that the Knolls Development Association had no plans for expending Community Development funds.

 

Anthony Gottchi, a resident of the Knolls community,  expressed his appreciation to the Knolls Development Association for providing affordable housing for his family and others.

 

Elizabeth Harrington said that the Knolls Development Association was doing a good job of  providing homeownership opportunities for lower-income persons.

 

Virginia Barbee said that the Knolls Development Association played a very important role in the African-American community.  She also said that it was better to expend money on housing than on jails.

 

Kevin Cook said that the Knolls Development Association was reliant upon funding support from the Council and others, as well as the efforts of community volunteers.

 

Myles Presler, representing EmPOWERment, Inc., said he was pleased that Town staff was recommending funding for the proposed business incubator project.  Mr. Presler said it was important that all programs receive funding, rather than being pitted against each other.

 

Judy Bosniado, Chair of  the Affordable Housing Committee of the Chapel Hill Board of Realtors, said that the Board of Realtors endorsed Habitat’s proposed Millennium housing program.

 

Monica Molinari, a Senior at Chapel Hill High School, a volunteer with Orange County Habitat for Humanity for the past three years, also spoke in favor of Habitat’s Millennium project.

 

David Rankin, a resident of the Northside community, said he would endorse the Town’s staff proposal if there were guarantees that the Northside community would not miss out on available Community Development funds during the next few months.  Mr. Rankin also recommended equal access to funds by the Northside and Pine Knolls communities.

 

James Pendergraft requested that the Town give a lot (84 G 1) at 203 Caldwell Street to EmPOWERment, Inc.

 

Kate Viscusi expressed concern that projects for Habitat for Humanity and EmPOWERment, Inc. had been recommended for grants and outright gifts while the Knolls Development Association only received loans for its programs.   She also expressed concern that the Town had chosen to freeze funding for the Knolls Development Association despite the association’s very good track record.

 

Ray Troutner emphasized the importance of the Council taking the necessary steps to lessen the presence of societal ills in the Town such as poverty and contaminated water.

 

Megan Rader, a Junior at East Chapel Hill High School, said that Orange County Habitat for Humanity offered good opportunities for lower-income individuals and families.

 

Tom Heffner, representing Habitat for Humanity,  said that he had conducted an analysis of the Rogers Road property and believed that $25,000 per acre was a reasonable price for Habitat to pay for this land.  Mr. Heffner said that allowing $25,000 to $30,000 for completed planning, permitting development work, the estimated value of Habitat’s Rogers Road property was between $120,000 and $150,000.

 

Council Member Foy inquired a HUD recommendation that the Town spend CDBG Section 108 loan guarantee program funds instead of CDBG funds on public housing.  Noting that this program might have been discontinued, Mr. Horton said that staff could report back to the Council on this matter.  Noting that funding requests exceeded available funding, Council Member Foy requested that staff explore ways to leverage available funds.

 

Referencing Mr. Heffner’s property appraisal report, Council Member Capowski suggested that Orange County Habitat for Humanity seek a purchase price within the range estimated by Mr. Heffner.  Council Member Capowski also asked whether the Council would be allocating specific funds to each neighborhood requesting assistance.  Ms. Berndt replied that funds were tied to specific programs and proposals.

 

COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO REFER THE MATTER TO STAFF FOR A FOLLOW-UP REPORT AND RECOMMENDATIONS AT THE MARCH 2ND MEETING.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Item 2b   Neighborhood Traffic Management

 

Town Engineer George Small briefed reviewed the staff’s draft traffic management policy.

 

Irene Briggaman said she believed that speed humps were the most objectionable form of traffic calming devices for Town residents.    Ms. Briggaman suggested that the Council consider the installation of more traffic signals and more vigorous ticketing of speeders on neighborhood streets in the Town.

 

Lew Miles, a  resident of Colony Woods, said that the misuse of Town streets jeopardized the safety of pedestrians, children and bicyclists.  He also expressed concern that citizens had  received limited notice of this evening’s hearing.

 

Eric Plow said that the Town needed to take the necessary steps to ensure that traffic flowed smoothly and efficiently on area roadways.   Mr. Plow also requested that any suggested traffic calming measures be carefully prior to their implementation.

 

Art Hurow said that many citizens did not know about tonight’s hearing.  He suggested the possibility of having thirty days notice prior to another hearing on this matter.

 

Stating that a number of Town residents had requested traffic calming measures, Council Member Brown suggested that the Council hold another public forum on this matter to ensure proper neighborhood representation.

 

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO REFER THE MATTER TO STAFF FOR A FOLLOW-UP PUBLIC HEARING.

 

Council Member Andresen said that the draft policy needed to be fully examined by Town residents before it came before the Council again.  She inquired why staff was recommending that 3,000 trips per day serve as the threshold for traffic calming measures.  Mr. Small stated that small arterials had the primary function of moving traffic and therefore staff recommended that these streets be excluded from traffic calming strategies.  Council Member Andresen said that the proposed process appeared to place the burden on individual neighborhoods to make recommendations regarding traffic calming strategies.  Mr. Small said that the proposed process would require a significant time investment from all parties involved, including Town staff.

 

Council Member Wiggins inquired about the public notice given for this proposal.  Mr. Small said that notices had been mailed to 193 parties interested in traffic calming, including residents of Lakeshore and Pinehurst Drives.  Mr. Small also noted that advertisements had been placed in recent editions of The Chapel Hill News.

 

Council Member Bateman suggested that Town staff investigate the effectiveness of specific traffic management practices in other similarly-sized communities and report back to the Council.

 

Stating that although traffic calming methods were experimental, Council Member Andresen said she believed that such methods could be successful.   Mr. Small noted that traffic calming also involved moving pedestrians and bicycles, rather than just vehicles, cars and trucks safely around the Town.

 

THE MOTION TO REFER WAS APPROVED BY A VOTE OF 8-1, WITH COUNCIL MEMBER PAVĂO VOTING NO.

 

Mayor Waldorf stated that one of the optimal traffic calming methods was the active use of Police traffic control units.  She requested that Town staff follow-up with Mr. Miles about his traffic calming concerns.

 

Item 2c    Potential Legislative Requests

 

UNC Student Body President Mo Nathan expressed concern  that the proposal to require full-time resident managers at fraternities and sororities was an attempt to control behavior.  He suggested that a dialogue be undertaken on this matter prior to mandating a solution.  Mr. Nathan also expressed concern that the proposal regarding the restriction of “happy hours” was very vague.  He suggested that existing regulations might not be used to their fullest extent.  Council Member Wiggins inquired about the origin of these two proposals.  Mr. Horton said he had proposed the former regarding full-time staffing, while the Fire Department made the recommendation about  alcoholic beverage “happy hours”.

 

Council Member Wiggins inquired about the number of sororities and fraternities with house managers.  Mr. Nathan said although some sororities had house mothers, he was not aware of any fraternities with house managers.

 

Council Member Bateman inquired about the possibility of Town and University officials working together to address sorority and fraternity management concerns.  Mr. Horton noted that the University did not have effective control of this matter because fraternities and sororities were not administered by the University.  He also said despite discussions between Town and University officials, there were too many instances where people in fraternity houses were intoxicated with no responsible parties present in the event of an emergency.  Council Member Andresen said that the idea of requiring role models/managers at individual houses was an interesting idea which might be an effective tool.

 

Noting that the Council would be meeting with the local legislative delegation on February 27th, Mayor Waldorf said that University officials would be welcome to comment on University-related proposals.

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO REFER THE MATTERS TO STAFF FOR PREPARATION OF APPLICABLE FOLLOW-UP ITEMS.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Item 3  Petitions

 

COUNCIL MEMBER PAVĂO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO REFER A LETTER FROM CATHY WEISBECKER REGARDING TRAFFIC SAFETY CONCERNS ON BOOKER CREEK ROAD TO STAFF.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Joe Maloney, representing the Winding Ridge Homeowners Association, expressed concern about on-street overnight and storage parking  on streets in his neighborhood by students.  Mr. Maloney requested that the Council authorize the posting of residential and guest parking only signs on Bolinwood Drive and the three cul-de-sacs in Winding Ridge. 

 

COUNCIL MEMBER PAVĂO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO REFER THE MATTER TO STAFF.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER BATEMAN, TO REFER A REQUEST FOR CAPITAL FUNDING FROM THE DAY CARE SERVICES ASSOCIATION TO TOWN STAFF AND THE HUMAN SERVICES ADVISORY BOARD.    THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Erwin Danziger requested that the Council join the Carrboro Board of Aldermen in amending the Transportation Improvements Program to delete the Bethel Hickory Grove Church Road connector from the Transportation Improvements Program.  He said that no one had asked for the connector and noted that local governments had not voted on the possibility of a quarry expansion.  He suggested that a public hearing be held on the proposed new roadway and the closure of the existing roadway.  Mr. Danziger said that it should not be the taxpayer’s responsibility to pay for this proposed roadway.  Council Member Capowski requested that OWASA provide succinct and understandable justification for the proposed quarry expansion.  Mr. Horton suggested that this item could possibly be discussed at the March 23rd joint meeting with OWASA.

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO REFER THE MATTER TO STAFF.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Peter and Desiree Denton requested the Council’s assistance in addressing flooding and drainage related problems at their home on Colony Woods Drive.   Mr. and Mrs. Denton said that they believed it was the Town’s responsibility to provide adequate drainage facilities for individual homeowners.

 

Council Member Andresen requested that staff prepare a detailed follow-up report with concrete options.

 

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

 

COUNCIL MEMBER BROWN REQUESTED THAT TOWN STAFF PROVIDE THE COUNCIL WITH FOLLOW-UP REPORTS REGARDING STORMWATER, DAM AND POND CONCERNS AT WINDSOR PARK AND POTENTIAL SPEED LIMIT ZONES ON NORTH STREET TO STAFF.  COUNCIL MEMBER FOY SECONDED THE MOTION.  THE MOTION WAS ADOPTED UNANIMOUSLY  (9-0).

 

Council Member Capowski requested follow-up staff reports to the Council regarding recent car break-ins at the Southern Village Park and Ride Lot and the feasibility of getting necessary pavement repairs on South Columbia Street.

 

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

 

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN,  FOR STAFF TO PREPARE A REPORT ON THE POSSIBILITY OF IMPROVING THE PEDESTRIAN CROSSWALK SITUATION AT EPHESUS CHURCH ROAD AND U.S. 15-501.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Council Member Andresen requested the staff’s assistance in paving large existing potholes on South  Lakeshore Drive.   Mr. Horton said that staff would be pleased to follow-up on this matter.

 

COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT THE CONSENT AGENDA AS PRESENTED.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES

(98-2-23/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 January 17th and 20th.

b.           Deleted.

c.            Rescheduling of work session starting time (May 20th) (R-3).

d.           Deleted.

e.            Madison Partners Limited request for expedited review.  (No action recommended; R-5 offered as alternative if Council desires).

f.             Budget amendment: Transit technology assistance funds (O-2).

 

This the 23rd day of February, 1998.

 

A RESOLUTION RESCHEDULING THE STARTING TIME OF THE COUNCIL’S MAY 20TH BUDGET WORK SESSION (98-2-23/R-3)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby reschedules the starting time of its Wednesday, May 20th budget work session from 6:00 p.m. to 5:30 p.m. in the Chapel hill Council Chambers at 306 North Columbia Street.

 

This the 23rd day of February, 1998.

 

A RESOLUTION DIRECTING EXPEDITED PROCESSING IN THE REVIEW OF THE APPLICATION FOR SPECIAL USE PERMIT MODIFICATION FOR RENOVATION OF THE FORMER KAPPA ALPHA THETA SORORITY HOUSE (98-2-23/R-5)

 

WHEREAS, the Town of Chapel Hill has received a request from Madison Partners, Ltd. for expedited processing of the application for a Special Use Permit Modification to renovate the former Kappa Alpha Theta sorority house, and change its use from a sorority dwelling to a multi-family use; and

 

WHEREAS, the Kappa Alpha Theta sorority house has been vacant for more than two years and has begun to deteriorate; and

 

WHEREAS, the proposed renovation of this vacant structure would eliminate a potential public hazard;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is directed to expedite processing of the Special Use Permit Modification application for the proposed renovation of the former Kappa Alpha Theta sorority house, in a manner that will speed review without sacrificing breadth or depth of analysis.

 

This the 23rd day of February, 1998.

 

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1997 (98-2-23/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

 

TRANSPORTATION

            FUND                         5,598,523        14,950                                                 5,613,473

 


 

ARTICLE II

 

REVENUES

 

TRANSPORTATION

            FUND                         5,598,523        14,950                                                 5,613,473

 

 

This the 23rd day of February, 1998.

 

Item 4.2   Information Reports

 

Martha Drake thanked the Manager and Town staff for their assistance in preparing the information report regarding energy consumption in Town facilities and vehicles.  Council Member Brown requested that this report be removed for discussion later in the meeting.

 

Stating that more affordable housing was needed in the Town, John McCormick urged the Council to support a possible new zoning category for the proposed Cottages development.  Council Member Capowski suggested that this item be removed for Council discussion later in the meeting.

 

Council Member Evans suggested that item 4.2a be referred back to the Planning Board for reconsideration.  Council Member Capowski suggested removal of item 4.2 for discussion.

 

Item 5   Appointments

 

THE COUNCIL AGREED BY ACCLAMATION TO APPOINT COUNCIL MEMBERS ANDRESEN AND WIGGINS AND FRED BLACK TO THE HORACE WILLIAMS AIRPORT ADVISORY BOARD. 

 

THE COUNCIL AGREED BY ACCLAMATION TO REAPPOINT COUNCIL MEMBER PAVĂO AS THE COUNCIL’S LIAISON/APPOINTEE TO THE ORANGE COUNTY VISITORS BUREAU BOARD OF DIRECTORS.

 

THE COUNCIL AGREED BY ACCLAMATION TO MAKE THE FOLLOWING COUNCIL LIAISON APPOINTMENTS:

 

            Council Member Bateman                    Historic District Commission

                                                                        Board of Adjustment

                                                                        Human Services Advisory Board

 

            Council Member Evans             Greenways Commission

 

            Council Member Wiggins                      JOCCA

 

Item 6   Funding Cap for 1998-1999 Human Services Performance Agreements

 

Council Member Foy said that although the Council would be capping the total amount of funding, he wanted the Council to have the flexibility to make choices at a later date.  Mayor Waldorf noted that the proposed resolution would just cap the total funding amount.  Council Member Brown said that the wording of the proposed resolution was confusing.  Council Member Foy suggested revising the resolution to add the Council’s intent regarding total funding.

 

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT RESOLUTION 6, AS AMENDED.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION REGARDING THE OVERALL LEVEL OF TOWN CONTRIBUTIONS TO OUTSIDE AGENCIES IN 1998-99 (98-2-23/R-6)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby expresses its intent to provide funding to outside agencies in the 1998-99 service year at the same level as provided in the current 1997-98 budget.

 

This the 23rd day of February, 1998.

 

Item  7   Changes to Council’s Work Plan

 

Council Member Brown requested that staff prepare detailed information about three proposed positions to be shared between the Town and Orange County in concert with the Council’s budget 1998-1999 discussions.   Mayor Waldorf said that the Council had not set a specific date for follow-up on this matter.

 

Council Member Brown said that the Council should have this information prior to budget discussions.  Mr. Horton said he would look into these matters and report back to the Council. 

 

Council Member Wiggins inquired about the item regarding updating of the Town’s Comprehensive Plan.  Mr. Waldon said that a follow-up staff report on this mater had been delayed due to items such as Meadowmont, Community Development grants and the proposed moratorium public hearing.  Noting the complexity of drafting a new zone in the Town’s Zoning Ordinance, Mr. Horton said that staff wanted to present a thorough report on this matter.

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUCNIL MEMBER PAVĂO, TO ADOPT RESOLUTION 7.   THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION MAKING ADDITIONS TO THE COUNCIL’S 1997-98 WORK PLAN

(98-2-23/R-7)

 

WHEREAS, the Council discussed a number of additions to its work plan for 1997-98 at its planning session on January 17th, 1998; and

 

WHEREAS, the Council has reached agreement on the additional work items listed in the attached report;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adds the items in the attached listing to its work plan for 1997-98.

 

This the 23rd day of February, 1998.

 

Mayor Waldorf rescinded her earlier request to remove item 4.2g from the Information Reports.

 

Item 8a  Charlottesville Payments-in-Lieu Program

 

Council Member Capowski suggested that the Council invite Charlottesville officials to visit the Town to discuss specifics of Charlottesville’s payment-in-lieu program.  Council Member Bateman suggested the possibility of having more formal one on one discussions with principals from Charlottesville.

 

COUNCIL MEMBER BATEMAN MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO AUTHORIZE THE MANAGER TO FORMALLY INVITE CITY OF CHARLOTTESVILLE OFFICIALS TO MEET WITH THE COUNCIL IN THE EARLY FALL TO DISCUSS CHARLOTTESVILLE’S PAYMENT-IN-LIEU PROGRAM.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Item 8b   Definition of Contiguous Property

 

Council Member Capowski said that the University’s power plant facility effected more than contiguous properties.  Mr. Karpinos said that the property values most effected by air, noise or light pollution would be contiguous to the facility.   Council Member Capowski said that property values further away would also be effected.   Council Member Andresen concurred with Council Member Capowski that a lot of people would bear the burden in this matter.

 

COUNCIL MEMBER ANDRESEN MOVED THE ADOPTION OF RESOLUTION 8.

 

Mr. Waldon said that staff suggested that the hearing be held on June 15th.  Council Member Brown said that it would be preferable to hold a hearing on an earlier date.

 

Stating that the limitations regarding contiguous property appeared to be quite clear, Council Member Evans said that this matter was not an emergency and could be addressed through existing  processes.

 

COUNCIL MEMBER BROWN SECONDED THE MOTION TO ADOPT RESOLUTION 8, WITH A HEARING DATE OF MAY 18TH.  THE MOTION WAS APPROVED BY A VOTE OF 6-3, WITH MAYOR WALDORF AND COUNCIL MEMBERS EVANS AND PAVĂO VOTING NO.

 

A RESOLUTION SETTING A DATE FOR A PUBLIC HEARING TO AMEND THE CHAPEL HILL DEVELOPMENT ORDINANCE TO CLARIFY THAT IMPACTS OF SPECIAL USES ON THE PROPERTY VALUES OF NEARBY AND NOT JUST CONTIGUOUS PROPERTY MAY BE CONSIDERED (98-2-23/R-8)

 

WHEREAS, the Chapel Hill Development Ordinance currently requires the Council to consider the effects of a special use on value of contiguous property; and,

 

WHEREAS, the Development Ordinance does not define the term “contiguous property”; and,

 

WHEREAS, the Council believes that the evidence of impacts of a proposed special use on property beyond that which is “in close proximity; near, though not in contact; neighboring; adjoining” should be considered in the evaluation of some or all special use permits.

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council calls a public hearing to consider a proposed amendment to the Development Ordinance which would provide for such a change and refers this proposal to the Town Manager and the Planning Board for their consideration.

 

This the 23rd day of February, 1998.

 

Item 8c   Development of a Town-wide Traffic Model

 

Noting that a potential expenditure of $50,000 to $150,000 for a traffic model, Council Member Brown said that the Council had not thoroughly examined ramifications on this matter in depth.   Mr. Horton noted that he did not recommend any action on this matter until a decision had been made regarding the proposed development moratorium.   Stating that she had concerns about the cost of the traffic model, Council Member Andresen said that the Council needed more definition of traffic management and more options to consider.   Mr. Horton reiterated his recommendation that this matter be put on hold pending a decision on the proposed development moratorium.  There was Council concurrence on this point.

 

Item 9  Authorization for Sale of General Obligations Bonds

 

Finance Director James Baker said that voters had approved $13.5 million in open space bonds in November, 1996, with $4.5 million to be issued in each of three phases.  He said that if the proposed Resolution were adopted this evening, the bonds were scheduled to be sold on March 3rd.  Council Member Bateman inquired about the projected increase in property taxes.  Mr. Baker replied that next year’s cost would be $237,000, slightly less than a one cent increase in the per capita property tax rate.

 

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




 

Item 10  Parks and Recreation Trust Fund Grant

 

Interim Parks and Recreation Director Bill Webster said that staff was trying to meet the deadline for filing a Parks and Recreation Trust Fund Grant for assistance with skateboard ramps,  playground equipment and batting cages.  Mr. Webster also briefly reviewed the intent of each of the three resolutions before the Council this evening.

 

Council Member Bateman inquired about the status of the proposed swimming pool which many Town citizens favored when they voted to approve the bond issue.  Mr. Webster replied that approval of these funds would reduce the amount of money available for a swimming pool project.   Council Member Bateman stated that batting cages and skateboard ramps were not referenced as project possibilities to voters.  She said that many voters expected another Town swimming pool.   Mayor Waldorf said she thought that sufficient funds could also be identified to proceed with a swimming pool project.   Mr. Horton said that if the actions before the Council this evening were approved, the funding needed for a new swimming pool would be short by about $400,000 to $500,000.

 

Council Member Capowski asked why the batting cages would cost an estimated $250,000.  Mr. Webster replied that the estimated cost included site work, lighting, design work and utility costs, totaling about $200,000 conservatively.  Council Member Capowski inquired what would be located next to the proposed skateboard park, batting cages and ball fields.  Mr. Webster said that there was one existing home seven hundred feet to the southwest of the skateboard facility, with the remaining property currently undeveloped.  He noted that the estimated cost of a concessions/storage building, including a restroom facility would be between $120,000 and $145,000.  Mayor Waldorf said she favored an amendment to the resolution to eliminate the rest room facility.

 

Parks and Recreation Commission Chair Martin Feinstein said that the Commission had discussed the proposed plan for batting cages and related items in detail and recommended its approval to the Council.

 

With regard to the request for a swimming pool, Mr. Feinstein suggested that the Town look to the Chapel Hill-Carrboro School Board for financial support.  Noting that the Chapel Hill-Carrboro Schools would likely also want to use batting cages for its baseball teams, Council Member Capowski suggested that the School District might be asked to contribute funds for the batting cages as well.

 

Dianne LeMasters, Vice Chair of the Parks and Recreation Commission, spoke in support of constructing batting cages at Northern Community Park.  Ms. LeMasters said that batting cages were essential to teaching good batting practices and would serve as a healthy outlet for teenagers and other young persons.  She also stated that the facility had the potential to be revenue producing, with profits possibly being used to pay for a portion of a new swimming pool facility.

 

Council Member Andresen inquired about other potential funding sources for a swimming pool if the Council chose to proceed with the batting cages, skateboard ramps and other facilities.  Mr. Horton said funding options included certificates of participation, another bond issue, additional grant funding from the same program and pay as you go in the Town’s capital program.  Mayor Waldorf said she thought the pool should be programmed in the Town’s Capital Improvements Program.

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO ADOPT RESOLUTION 9.1A.

 

Council Member Bateman said that she would support the batting cages, but not the bathroom or concession facility.  Mr. Webster said that a telephone and first aid station were much more important than a bathroom facility in order for the skateboard park to be adequately and consistently staffed.

 

Mayor Waldorf inquired about the cost of the proposed restroom facilities.  Mr. Webster said that the cost range would be $30,000 to $40,000.

 

Council Member Evans suggested the possibility of amending the resolution to include State grant funds for projects.  Mr. Horton said he was not aware of other State funding sources for this project.   Council Member Evans said she favored adding the language “and other grants” to the proposed resolution.

 

Council Member Foy said he would support the resolution with the proposed restroom intact.  Council Member Foy said the facility would serve the needs of persons using the batting cage and skateboard facilities.  Council Member Brown noted that this building was included in Resolution 9.1b.  Mr. Webster said this was the case because the restroom facility did not qualify for Parks and Recreation Trust Fund funding.  Council Member Capowski said the ideal restroom location would be central to all facilities.  Mr. Horton said that given the parameters of the site, this was not possible.

 

RESOLUTION 9.1A WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION AUTHORIZING THE MANAGER TO SUBMIT A PARTF GRANT APPLICATION IN AN AMOUNT UP TO $188,000 FOR ADDITIONAL FACILITIES AT THE NORTHERN COMMUNITY PARK (98-2-23/R-9.1a)

 

WHEREAS, the Council has approved a special use permit for development of the Northern Community Park which includes a skateboard facility and playground, and

 

WHEREAS, the Parks & Recreation Commission has recommended that a batting cage facility should be constructed adjacent to the skateboard park, and

 

WHEREAS, these facilities would be eligible for funding through the State of North Carolina’s Parks and Recreation Trust Fund grant program,

 

NOW THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Manager to apply for a Parks and Recreation Trust Fund grant in the amount of $188,000, utilizing bond and capital improvements program funds already allocated for the Northern Community Park, Hargraves gymnasium and Lincoln restrooms projects for the required match.

 

BE IT FURTHER RESOLVED that the Council authorizes the Manager to eliminate the planned West Picnic Shelter from the Northern Community Park if other funding sources for the required match cannot be located.

 

This the 23rd day of February 1998.

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO ADOPT RESOLUTION 9.1B AS PRESENTED.

 

Council Member Andresen proposed a friendly amendment to remove the “now, therefore, be it resolved” clause from the resolution regarding grants.    Council Member Evans suggested not amending the resolution because it was important that the community understand that the Council endorse both the skateboarding and batting cage facilities and would try to fund them with grant money or financial assistance from the Orange County Board of Commissioners.   Emphasizing that voters had voted in favor of the Northern Community Park facility, Council Member Bateman said she wanted to be sure that the Council could defend any changes from what voters had requested.   Council Member Evans said she would concur with the proposed friendly amendment.

 

RESOLUTION 9.1B, AS AMENDED, WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION REQUESTING FUNDING FROM THE BOARD OF ORANGE COUNTY COMMISSIONERS FOR DEVELOPMENT OF FACILITIES AT THE NORTHERN COMMUNITY PARK (98-2-23/R-9.1b)

 

WHEREAS, the Council has approved a special use permit for development of the Northern Community Park which includes a skateboard park, and

 

WHEREAS, the Parks & Recreation Commission has recommended that a batting cage facility be constructed adjacent to the skateboard park, and

 

WHEREAS, the operation of a skateboard and/or batting cage facility would require a building for storage, telephone, cash handling, first aid and concession sales, and

 

WHERAS, grant funding may be available to half the cost of the batting cage facilities, and

 

WHEREAS, the voters of Orange County approved a Parks bond that includes $1,000,000 in funding designated by the Orange County Commissioners for use at the Northern Community Park,

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby requests up to $145,000 from the Board of Orange County Commissioners to provide a concession/restroom building and at the Northern Community Park.

 

This the 23rd day of February 1998.

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO ADOPT RESOLUTION 9.1C.   THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION AUTHORIZING THE STAFF TO USE EXISTING CONTINGENCY FUNDS TO ROUGH GRADE A LOCATION FOR A CONCESSION BUILDING ADJACENT TO THE FUTURE SKATEBOARD PARK (98-2-23/R-9.1c)

 

WHEREAS, the Council has approved a special use permit for development of the Northern Community Park, and

 

WHEREAS, the park is to include a skateboard facility, and

 

WHEREAS, the operation of a skateboard facility would require a building for storage, telephone, cash handling, first aid and concession sales,

 

NOW THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the staff to utilize existing funds earmarked for the Northern Community Park to rough grade a site for a concession building.

 

This the 23rd day of February 1998.

 

Mayor Waldorf suggested that the Council refer a letter regarding solid waste matters to staff for a follow-up report.

 

COUNCIL MEMBER PAVĂO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO REFER A LETTER FROM ORANGE COUNTY COMMISSION CHAIR MARGARET BROWN TO STAFF.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).


 

Item 11  Joint Planning Issues

 

Mr. Waldon noted that as a practical matter there were too many items, six in total, to discuss at one evening of joint planning hearings.  

 

Council Member Andresen said she concurred with the proposal to have two separate hearing nights on joint planning matters.  Council Member Bateman inquired whether or not the proposed hearing dates could be reversed.  Mayor Waldorf noted that both the Town of Carrboro and OWASA wanted to have their hearings held first.  Council Member Brown inquired how the Town of Carrboro’s moratorium would effect the schedule.  Mayor Waldorf suggested the possibility of starting the meeting at 5:30 p.m. and discussing all of the items on one evening.

 

Council Member Brown suggested that all items could be included on one hearing night, with items being carried over to the next evening, if necessary.  Council Member Andresen said that she would be opposed to having back to back hearings.

 

Council Member Evans suggested that the Council should hold the Town of Carrboro’s hearing first unless OWASA’s request was an emergency.

 

council member evans moved, seconded by council member pavĂo, to adopt resolution 10b.  the motion was adopted unanimously (9-0).

 

A RESOLUTION REQUESTING JOINT CONSIDERATION OF THE CARRBORO NORTHERN SMALL AREA PLAN AND THE CHAPEL HILL NORTHWEST SMALL AREA PLAN (98-2-23/R-10b)

 

WHEREAS, in 1993 the Council established a work group for the Northwest Area and charged it with developing a Small Area Plan for the Council’s consideration; and

 

WHEREAS, on October 11, 1995 the Chapel Hill Town Council, the Carrboro Board of Aldermen and the Orange County Board of Commissioners held a Joint Planning Area work session and concluded that the Northwest Small Area Plan should be put on hold for six months until the Landfill Owners Group recommended a new landfill site and then made recommendations on the future use of the Greene tract; and

 

WHEREAS, the Council believes it would be beneficial to consider the Carrboro Northern Small Area Plan and the Chapel Hill Northwest Small Area Plan together so that issues related to transportation, recreation, and future land uses might be considered in tandem;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council requests the Orange County Board of Commissioners and the Carrboro Board of Aldermen to agree to considering the Carrboro Northern Small Area Plan and the Chapel Hill Northwest Small Area Plan together at an additional spring Joint Public Hearing date in June, 1998.

 

This the 23rd day of February, 1998.

 

 

the council also unanimously agreed to hold a joint public hearing on owasa’s quarry item before the end of the fiscal year.  the motion was adopted unanimously (9-0).

 

A RESOLUTION rEQUESTING AN ADDITIONAL JOINT PLANNING HEARING DATE (98-2-23/r-10a)

 

WHEREAS, the Council of the Town of Chapel Hill is a partner with Orange County and Carrboro in the Joint Planning Agreement which established a coordinated and comprehensive system of planning in the rural buffer and transition areas;

 

WHEREAS, the Council has considered the list of requests for the upcoming April 8, 1998 Joint Public Hearing and noted that more than one hearing night is desirable to deal with all the requests in a manner to allow for full citizen comment and debate;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council requests that the Orange County Board of Commissioners and the Carrboro Board of Aldermen agree to establish an additional spring Joint Public Hearing date in June, 1998, at which time the Carrboro joint planning requests would be considered.

 

This the 23rd day of February, 1998.

 

council member  foy moved, seconded by council member andresen,  that the council meet in closed session at 6:00 p.m.on march 2nd to discuss pending litigation matters.  the motion was adopted unanimously (9-0).

 

THE MEETING STOOD ADJOURNED AT 11:18 P.M.