SUMMARY OF A REGULAR MEETING OF THE CHAPEL HILL
TOWN COUNCIL, MONDAY, MARCH 2, 1998 AT 7:00 P.M.
Mayor Waldorf called the meeting to order at 7:00 p.m. Council Members in attendance were Julie Andresen, Flicka Bateman, Joyce Brown, Joe Capowski, Pat Evans, Kevin Foy, Lee Pavăo, and Edith Wiggins. Also in attendance were Town Manager Cal Horton, Assistant Town Manager Florentine Miller, Planning Director Roger Waldon and Town Attorney Ralph Karpinos.
Item 1 Ceremonies
The Mayor and Council recognized three visitors from the Town’s sister city of Saratov, Russia.
Item 2 Public Hearing on
Proposed Development Moratorium
Mr. Waldon briefly reviewed background information on the proposed moratoria, noting that the areas proposed for inclusion were the Franklin-Rosemary and Cameron-McCauley historic districts and the Northside Conservation District. Mr. Waldon stated that implementation of the proposed moratorium would provide an opportunity to determine whether or not a zoning problem exists in these areas, the nature of the problem, and time to consider potential solutions. Mr. Waldon also said that the moratorium would not apply to properties for which special use, site plan, or building permits had already been approved or were in the Town’s development review process.
Council Member Andresen inquired to what extent exemptions could be offered to fraternities and sororities, religious institutions, and other similar institutions. Mr. Waldon replied that this would depend upon the language encompassed in an actual moratorium. Mr. Karpinos concurred.
Council Member Evans asked whether single family residences would be exempt from the proposed moratorium. Mr. Karpinos commented that new language had accidentally been substituted for what should have appeared on page 12 and that Council Member Evans had identified an error in the proposed language. Mayor Waldorf stated that single family dwellings were proposed for exemption.
Council Member Foy emphasized that the point of the moratorium was part of a process, not a goal. He stated that a moratorium allowed time to find solutions to problems if they arose. Council Member Foy commented that it would be better to discuss now, for a confined area, pressures which would apply to the whole Town during the next few years.
Lee Corum, Chair of the Historic District Commission, said that the Commission had met on February 19th to review the proposed moratorium. Mr. Corum stated that the Commission commended the Council for holding a public hearing on the proposal and for recognizing the importance of historic district preservation. He also said that the types of development approved during the 1980s might be in conflict with the charge to preserve these districts. Mr. Corum
said that there was a delicate balance between rental properties and owner-occupied dwellings and added that demolition could only be delayed for one year under State law.
Planning Board Chair John Hawkins said that the Board was split on the issue of whether or not to support a moratorium. He noted that the Board addressed the broader issue of a need for an update of the Town’s Comprehensive Plan. Mr. Hawkins said that there was a range of issues from all quarters, of which neighborhoods surrounding the downtown area were only one. Mr. Hawkins also said that the Planning Board was ready to recommend a moratorium if it applied to a broader plan and a firm timeline.
Bob Joesting, representing the Downtown Small Area Plan Work Group, said that the Group opposed a moratorium which would include Town Center zoning districts. Mr. Joesting said that the Work Group felt that the moratorium’s goals should be clarified. He also stated that the Work Group was concerned that residential areas would be included in the proposed moratorium.
James Harris, speaking on behalf of the Town of Carrboro, requested that the proposed parking lot project on the corner of Rosemary and Sunset Streets be excluded from the proposed moratorium.
Tom Maynard, Executive Director of the Orange-Person-Chatham Mental Health Center (OPC) in the Northside Center, noted that his organization needed additional space and that additional space need of upfitting was available for this purpose. He said that not permitting OPC to occupy the building because of the proposed moratorium would really hurt OPC’s operations.
William Camp spoke in favor of the proposed moratorium, stating that the Town’s existing zoning regulations would be strengthened. Mr. Camp said that parking, lot coverage and storm water drainage were three critical areas which needed to be addressed.
Catherine Frank, a resident of the Cameron-McCauley Historic District, also spoke in favor of preserving the integrity of her neighborhood and maintaining balance. Ms. Frank requested an open meeting which would include all members of the community to build a consensus as to how legislation could be used to support zoning changes, renters’ licenses, and demolition restrictions.
Betsy Pringle said that although the Cameron-McCauley and Northside neighborhoods were critical areas at present, others could become critical if issues to preserve the neighborhoods were not addressed. Ms. Pringle also addressed the importance of maintaining a balance between renter- and owner-occupied properties and added that she favored having licenses for rental property developers.
Patrick Oglesby spoke in support of the proposed moratorium. He said that owner occupancy and property maintenance were critical elements for neighborhood cohesion. Mr. Oglesby read a letter from Andrea Wise-Leach, a resident of Cameron Avenue, stating that the decline of properties in the Town’s historic districts was clearly evident.
Mark Chilton, an attorney and former Council Member, said that the proposed moratorium was a complicated issue. He noted three main problems: a decline in percentage of property owned by African-American families, an increase in student rentals and a forty property value appreciation in four years. Mr. Chilton said that he was ambivalent about the proposed moratorium and questioned the value of it. He also expressed concern that developers would simply rush to submit applications before the moratorium took effect. Mr. Chilton said that he did not see how a moratorium could have an impact on African-American housing or student rentals. He also noted that the Town was unable to enforce all existing regulations and suggested that new ideas were needed.
Ruby Sinreich, a member of the Downtown Small Area Work Group, said that she was also ambivalent about the proposed moratorium. Ms. Sinreich said that the lack of affordable residential housing in the downtown area was a major problem which needed to be addressed. Ms. Sinreich also said that she did not understand the proposed moratorium’s goal regarding which Town neighborhoods would be protected. She also stated that the Town’s Comprehensive Plan needed to be overhauled as soon as possible.
Nancy Gabriel read a letter on behalf of Alice Ingram, a resident of the Cameron-McCauley Historic District. In her letter, Ms. Ingram noted that various reports and committees to address downtown development concerns had accomplished nothing. She stated that the Downtown Assembly, a grassroots organization, was formed and had agreed on the key issues to be addressed: parking, owner-occupied residences, pedestrian crossings, sidewalks, street lighting, increased security, green space, and pocket parks. Ms. Ingram said that the Assembly agreed with the Historic District Commission that there were owner-occupied issues and pressures on areas that were not included in the proposed moratorium. Ms. Ingram said that the Town needed a resolution to revise the Comprehensive Plan.
Baird Grimson of the Westside Neighborhood Association said that the two major threats to the Cameron-McCauley district were occupancy levels and zoning. Mr. Grimson said if current zoning standards were consistently enforced, the integrity of the historic district could be preserved.
Aaron Nelson expressed concern about the moratorium’s impact on students in fraternities and sororities. He requested an exemption which would allow the installation of sprinklers and fire walls as well as other safety renovations in fraternity and sorority houses.
Joe Hakan asked for identification of the moratorium’s goals and questioned the proposed moratorium’s legality. He said that problems could be solved by mutual agreement between the Town’s various boards, neighborhood associations and the Council. Mr. Hakan said that the “owner-occupied” issue was not valid or even right, because it was so difficult to find a place to live in the Town. He suggested making changes through existing ordinances and asked what the Council really wanted.
David Kolk, representing 227 East Rosemary Street, said that a moratorium would be a death sentence to this building and would present an undue financial hardship. He quoted from an article by David Owens which outlined appropriate areas for moratoria and stated that moratoria were not warranted for routine land use questions. Mr. Kolk said that although he supported a study of the Town Comprehensive Plan, he opposed the proposed moratorium.
Tom Heffner, representing the Chapel Hill Preservation Society, said that the Society had taken no position on the moratorium, although it was concerned with certain issues which affected the character of preservation areas. Mr. Heffner expressed his personal opinion that safety improvements to fraternities, sororities, and other properties should be exempted from a moratorium. He also said that property ownership and the demolition of houses were crucial issues meriting careful examination.
Scott Gardner stressed that the Town’s Comprehensive Plan needed to be examined and goals need to be set. Mr. Gardner said that clear vision would lead to better results. He also said that a moratorium would not be helpful at this stage because it would delay a revision of the Comprehensive Plan process.
Planning Board Member Scott Radway stated that there had been a deterioration of single family homes being converted to rental properties and a decline of single family homes in the Town’s R-4 and R-6 zoning districts. Mr. Radway said that there were currently a number of conflicting goals in the Town’s Comprehensive Plan, he said. Mr. Radway said although he thought that rental property management programs were a good idea, he agreed with other speakers that the Town needed a mechanism for enforcing current zoning regulations.
Richard Gurlitz agreed with the need for revisions to the Town’s Comprehensive Plan. He noted that there was a limited amount of staff resources and time to address the vital development issues facing the Town. Mr. Gurlitz also said that any moratorium needed to be narrow and focused.
Woody Clark, a property owner in the Northside community, said he agreed that the issue before the Council was complex and expressed concern about maintaining the Town’s character. Mr. Clark said that he was not convinced that there was a zoning problem which would not respond to adequate enforcement.
Former Council Member Joe Herzenberg pointed out that the three neighborhoods under consideration were not really similar. He also said that although a moratorium was not necessarily bad or good, it depended on how a moratorium was instituted. Mr. Herzenberg agreed with the concerns previously expressed, especially exemptions for things such as sprinkler systems. He also urged the Council to preserve neighborhood diversity.
Rachel Clete spoke on behalf of the North Carolina Hillel Foundation at 210 West Cameron Avenue. She said that the present facility was built in 1951 and was inadequate to serve current needs. Ms. Clete said that the proposed moratorium came at an inopportune time because construction for a new facility needed to begin within the next eighteen months. She also assured the Council that the Hillel Foundation property would not become multi-family or rental property in the future.
Robert Humphreys said he did not think that the proposed moratorium addressed problems in the indicated areas listed on page six of the staff memorandum. He expressed concern that only one project in the last twelve months had triggered the movement towards a moratorium. Mr. Humphreys stated that a moratorium would only exacerbate the Town’s existing affordable housing shortage. He urged the Council not to proceed with the proposed moratorium.
David Rankin, a resident of the Northside community, said he was concerned about the look and feel of his neighborhood. Mr. Rankin said recent subdivisions had been converted into rental properties which made the area look more like student housing than a family neighborhood. He also expressed concern about front and side yard parking. Mr. Rankin urged the Council to exempt the Chapel Street Church from the proposed moratorium.
Kathy Martin, representing the Newman Center, located in the Cameron-McCauley Historic District, asked the Council to consider exemptions for all places of worship.
Jo-Ellen Mason, a realtor who serving on the Affordable Housing Committee, said that she was concerned about lost time for the Cottages Development. She said that the project would be seriously hindered, because the Planning Department would be involved with planning and instituting the moratorium. Ms. Mason noted that only twelve homes sold for under $100,000 in the Town during 1997 and most of these homes had no air conditioning.
Council Member Evans asked Mr. Waldon about the status of single family homes with accessory apartments relative to the moratorium. Mr. Waldon said he could report back to the Council on this matter later in the meeting.
Council Member Brown asked whether fraternities and sororities needed a special use permit to install sprinkler systems. She also inquired whether general upkeep and maintenance would be considered ongoing and necessary and, therefore, not part of the moratorium. Mr. Horton replied that a building permit would probably be issued and not need to come before the Council. Mr. Karpinos said the Council had options as to how far to go in this regard. He stated that exemptions could be taken further but they must be included in the ordinance language.
Council Member Brown also inquired about the former fraternity on Rosemary Street, currently under renovation. Mr. Horton said that this project would be exempted under present circumstances.
Council Member Brown asked whether the effective date would be retroactive to March 2, 1998. Mr. Karpinos replied that if a permit had not been issued by the date of the moratorium’s adoption, then the process would stop at that point.
Council Member Bateman asked Council Member Brown what her goals were and what made her respond this way at this time. She also asked what other tools would be available to address the problems and whether a moratorium was necessary.
Council Member Andresen endorsed the idea that the Council needed to be concise about its goals and problems first, then consider options. She said that a large study committee was not necessarily required. She suggested that the Council might consider involving historic neighborhoods in a one-day seminar. Council Member Andresen said that issues which needed to be addressed included the deterioration of single-family homes, demolition of old houses and the replacement of family housing with institutional housing. Council Member Andresen said she favored exempting religious institutions and fraternities and sororities. Stating that the Council needed further discussion and agreement before going forward on this matter, Council Member Andresen suggested that the Council not vote on the proposed moratorium this evening.
Council Member Capowski suggested that off-campus student rooming houses and multi-family houses could be treated like businesses and regulated or zoned like businesses. He suggested that staff contact Newark, Delaware officials to find out how the University of Delaware handled similar matters. Council Member Capowski said that it was never the Council’s intent to penalize commercial construction projects in the downtown area. He asked Town staff to provide an alternative map which would reduce commercial coverage in addition to another map which would indicate Town Center zoning and how it corresponded to the map in this evening’s agenda materials.
In response to Council Member Evans’ earlier question, Mr. Horton noted that a unit with an accessory apartment was considered a two-family unit.
Council Member Wiggins said that agreed with other Council Members who wished to clearly articulate goals and have staff present additional options for the Council’s consideration. Council Member Wiggins said that she was concerned about delaying projects should the proposed moratorium take effect. Council Member Wiggins also said that she would like to study the impact of a moratorium on other projects before adopting it, particularly in relation to the proposed Cottages development.
Council Member Pavăo asked Town staff for clear direction on how to address exemptions.
Council Member Evans said that a moratorium would not address the impact of multi-family housing and noted that evidence lead to the conclusion that a moratorium escalated housing costs. She inquired how areas such as Purefoy Road which were not included in the proposed moratorium would be affected.
Council Member Foy asked whether or not the moratorium could be suspended if a zoning ordinance were implemented before the moratorium expired. He also expressed interest in an alternative to a study committee that might accelerate the process.
Mayor Waldorf commented that the Council needed to pinpoint how they wanted Town staff to proceed. She said that more specific direction was needed before the matter was referred to staff. Council Member Brown said that zoning and parking were the key elements. She suggested that the matter be referred to the Manager with these goals in mind, along with any other goals referenced by other Council Members.
COUNCIL MEMBER BROWN MOVED TO REFER THE MATTER TO STAFF.
Council Member Wiggins requested additional information about the parking goal. Council Member Brown replied that the Northside area, for example, had not been mentioned before in relation to parking, particularly on-street parking. Council Member Wiggins asked whether Council Member Brown was suggesting that the Town could limit, restrict, or control parking in this area. Council Member Brown said she was proposing the regulation of parking. Council Member Wiggins said if protecting residents from outside parking was one of the goals, there might be some solutions which were much easier than a moratorium. Council Member Brown commented that some of the existing zoning was inappropriate for neighborhoods.
COUNCIL MEMBER ANDRESEN SECONDED COUNCIL MEMBER BROWN’S MOTION.
Council Member Wiggins returned to her concerns about an update to the Comprehensive Plan. Council Member Wiggins said she would like the Council to consider a schedule or process leading to such an update.
Council Member Andresen stated that a three-year study of the Comprehensive Plan followed by a process of making revisions to the Development Ordinance would be unwise. Council Member Andresen said she agreed that the Council needed to be clear about its objectives and she suggested making a list to rank problems by priority.
Council Member Evans said the Council needed to identify whether emergency, health and safety issues required a moratorium or whether they could be addressed in other ways. She inquired about existing enforcement mechanisms. Mr. Horton replied that a Zoning Enforcement Officer would begin work on March 9, 1998.
Referencing page four of the staff’s memorandum, Council Member Wiggins commented that the plan would be voided if a moratorium were taken up. Council Member Foy said that in his opinion a moratorium was unnecessary.
THE MOTION TO REFER WAS ADOPTED BY A VOTE OF 8-1, WITH COUNCIL MEMBER EVANS VOTING NO.
Pearson Stewart, representing the Triangle Land Conservancy, said that the Conservancy was interested in acquiring three tracts of land which were extensions of Duke Forest and comprised a total of 516 acres at an asking price of $4,475,000. Mr. Stewart said that the Conservancy had applied for $2,900,000 in grant funds from the North Carolina Clean Water Trust Management Fund for the purchase of these properties. Mr. Stewart also said that the Conservancy would appreciate a funding contribution from the Town.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO RECEIVE AND REFER THE PETITION TO STAFF. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Ted Vaden, Co-chair of the YMCA’s capital campaign, requested Town funding of $15,000 towards the YMCA’s $1.5 million capital project. Mr. Vaden stated that the proposed addition would include a youth center, a gymnasium with a full track, separate locker rooms for young people, a child care facility, and a fitness and wellness center in conjunction with UNC. He stated that programming would principally be aimed at middle through high school-aged young people. Mr. Vaden noted that Orange County and the Town of Carrboro had also been asked for contributions to the YMCA’s project.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO REFER THE PETITION TO STAFF.
Council Member Foy asked whether the YMCA would be asking for more Town funding for this project in the future. Mr. Vaden explained that the YMCA was seeking seed money to attract more money from the community.
Council Member Bateman asked whether the programs would be open to any adolescent in the community. Mr. Vaden replied that this was correct.
THE MOTION TO REFER WAS ADOPTED UNANIMOUSLY (9-0).
Lola Furth said she was startled by the amount of clear-cutting that was done during construction of the athletic fields at East Chapel Hill High School. She stated that both Weaver Dairy Road and the gas station at Sunset Drive and Weaver Dairy Road were clearly visible from nearby houses. She also expressed concern that lighting from the playing fields at the high school shone into area homes. Finally, Ms. Furth requested the Council’s assistance in removing Hurricane Fran damage from the area adjoining her neighborhood.
COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO REFER MS. FURTH’S PETITION TO TOWN STAFF AND THE CHAPEL HILL-CARRBORO SCHOOL BOARD.
Council Member Capowski added that he recalled a lengthy discussion with the applicant’s representative about preventing spillover lighting into the housing development. He said that Town staff needed to look into this matter.
THE MOTION TO REFER WAS ADOPTED UNANIMOUSLY (9-0).
Barbara Driscoll of Lakeshore Drive spoke about planes taking off and landing at Horace Williams airport late at night. Ms. Driscoll expressed concern that flights at the Horace Williams facility after 6:00 p.m. were not monitored. She requested that there either be an enforced curfew or that someone be on the ground at all times to monitor flights.
Diane Bloom, representing Citizens for Airport Planning, urged the Council to take a strong stance with UNC to make the Horace Williams Airport a safer facility. She expressed concern that the University had been too casual in its handling of airport operations to date. Ms. Bloom said that the airport did not have an emergency action plan in place and that some 911 operators did not know the location of the Horace Williams Airport runway. She requested that the University staff the airport facility around the clock, enforcement of an 11:00 p.m. curfew, establishment of an emergency plan, designating the airport strictly for Town or University business and a review of the University’s decision to permit jet operations.
Mayor Waldorf suggested drafting a letter to Chancellor Hooker requesting that safety concerns be placed on the Airport Advisory Board’s agenda. She inquired about existing 911 notification methods. Mr. Horton replied that although there was a protocol for airplane crashes, the recent call regarding a plane crash had been placed as a general request for help.
THE COUNCIL UNANIMOUSLY CONCURRED THAT MAYOR WALDORF WOULD DRAFT A LETTER TO CHANCELLOR HOOKER REGARDING SAFETY CONCERNS.
Dean Mathias requested the Council’s permission to hold a skateboarding demonstration at the Eubanks Road park and ride lot. Mr. Horton noted that staff had reviewed this request and rejected it because of the activity’s commercial nature in a federally-funded park and ride lot. He also said that the activity could result in a liability issue for which the Town was not covered. Mr. Horton said that there were a number of private facilities where the planned activity could be held. Mr. Mathias commented that the vendor was fully insured for these types of events.
Council Member Capowski asked Mr. Mathias if the event could be considered a commercial promotion. Mr. Mathias replied yes, noting that the sale of rollerblading and skating equipment occurred indirectly. Council Member Capowski asked whether the park and ride lot had ever been used for similar events. Mr. Horton said no, noting that no commercial events had occurred at the Eubanks Road park and ride lot.
Council Member Bateman remarked that she favored granting authorization for the request. Council Member Bateman said that she strongly favored constructive, supervised activities for young people.
Council Member Andresen suggested referring the matter to staff for the development of options to permit the proposed demonstration with a low liability risk to the Town.
COUNCIL MEMBER BATEMAN MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO REFER THE PETITION TO STAFF. THE MOTION TO REFER WAS ADOPTED UNANIMOUSLY (9-0).
Council Members Andresen, Brown and Foy petitioned the Council to have an item placed on the March 23rd agenda regarding the Town’s pay plan system. Council Member Andresen said that this would provide an opportunity to see what the Council wanted to include in the Town’s pay plan.
COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER FOY, TO DIRECT STAFF TO INCLUDE AN OPPORTUNITY FOR COUNCIL DISCUSSION REGARDING THE TOWN’S PAY PLAN ON THE COUNCIL’S MARCH 23RD AGENDA.
Mayor Waldorf said although she endorsed the idea of a Council discussion about the pay plan, she suggested that the discussion occur some time after March 23rd. Council Member Brown said she favored proceeding on the matter for the next budget year.
Council Member Bateman said she thought the Council had already decided to postpone the discussion because Town staff was very busy with other Council policy directives.
Council Member Andresen replied that the Council needed to decide which goals and objectives to apply. Mr. Horton stated that the Council would be given proposals and that staff would seek consultant proposals regarding the Town’s pay system. Mayor Waldorf requested that Council Members forward any comments or suggestions regarding the Town’s pay plan system by March 15th.
THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Council Member Andresen briefly reviewed the status of the activities of the Water and Sewer Boundary Task Force. She noted that the primary issue was the definition of emergency water connections across county lines. Council Member Capowski emphasized that the definition of the word “emergency” was crucial.
Council Member Brown inquired about the possibility of examining the high level of energy usage of the IFC shelter building within the context of the lease/performance agreement for this building. Mr. Horton said he thought that the lease holder would be responsive if approached about the matter.
Mayor Waldorf requested the removal of item f from the consent agenda for discussion.
Council Member Foy requested that staff provide the Council with an information report regarding utility bills the IFC shelter building.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO TO ADOPT THE CONSENT AGENDA, EXCEPTING ITEM F. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION ADOPTING VARIOUS RESOLUTIONS
AND ORDINANCES
(98-3-2/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. Renewal of lease for old Municipal Building (R-2).
b. Renewal of lease for old Post Office Building (R-3).
c. Southern Village School soccer fields funding request (R-4).
d. Deleted.
e. Draft Durham-Chapel Hill-Carrboro Metropolitan Planning Organization public involvement policy (R-6).
f. Scheduling joint meeting with Blue Cross Blue Shield representatives (R-7).
This the 2nd day of March, 1998.
A
RESOLUTION RENEWING A LEASE FOR OLD MUNICIPAL BUILDING FOR USE AS A SHELTER FOR
THE HOMELESS (98-3-2/R-2)
WHEREAS, the Council of the Town of Chapel Hill,
on February 1, 1995, authorized the Town Manager to enter into a lease for the
Old Municipal Building for use as a shelter for the homeless; and
WHEREAS, the term of said lease was for two
years, beginning on February 1, 1995, and ending on January 1, 1997; and
WHEREAS, Inter-Faith Council for Social Services,
Inc., entered into a lease with the Town for the Old Municipal Building on
December 1, 1990, and has requested that the lease be renewed; and
WHEREAS, a notice of intent to execute this lease
extension was published in the February 20, 1998, edition of The Chapel Hill
News to satisfy the requirements of N. C. General Statute 160A-272;
NOW, THEREFORE, BE IT RESOLVED by the Council of
the Town of Chapel Hill that the Council authorizes the Town Manager to enter
into a renewal agreement for the lease to the Inter-Faith Council for Social
Services, Inc., for the Old Municipal Building at 100 West Rosemary Street, for
use as a shelter for the homeless and community kitchen, for a term of two
years with provision for an additional two-year term, said agreement to contain
language substantially the same as contained in the attached lease agreement.
This the 2nd day of March, 1998.
A RESOLUTION RENEWING A LEASE FOR A PORTION OF THE POST OFFICE/COURT
BUILDING FOR USE AS A TEEN CENTER (98-3-2/R-3)
WHEREAS, the Council of the Town of
Chapel Hill, in April, 1984, pursuant to G.S. 160A-272, authorized the Manager
to enter into a lease for a portion of the Post Office/Court Building for a
Teen Center; and
WHEREAS, Franklin Street Teen
Center, Inc., entered into a renewal lease with the Town for approximately
2,400 square feet of space in the basement of the Post Office/Court Building on
June 1, 1996, and has requested that the lease be renewed; and
WHEREAS, a notice of intent to
execute this lease extension was published in the February 20, 1998, edition of
The Chapel Hill News to satisfy the requirements of N. C. General
Statute 160A-272;
NOW, THEREFORE, BE IT RESOLVED by
the Council of the Town of Chapel Hill that the Council authorizes the Town
Manager, on behalf of the Town, to enter into a renewal agreement for the lease
to the Franklin Street Teen Center, Inc., of approximately 2,400 square feet
in the basement of the Post Office/Court Building, at 179 East Franklin Street,
for the operation of a Teen Center, for a term of one year with provision for
the Town Manager to renew the lease annually as long as the Center requests
such a renewal in a timely manner, agrees to conditions established in the
lease agreement, and provided that circumstances have not changed substantially.
This the 2nd day of
March, 1998.
A RESOLUTION AUTHORIZING THE MANAGER TO REQUEST $105,000 IN FUNDS FROM
THE ORANGE COUNTY PARKS BOND (98-3-2/R-4)
WHEREAS, Orange County voters approved $1,000,000 in parks bonds for the Southern Community Park; and
WHEREAS, the Town Council and the Chapel Hill-Carrboro City Board of Education have cooperated to develop a school-park at the Southern Village; and
WHEREAS, the Southern Village School soccer field is currently under construction; and
WHEREAS, the School Board has received bids for addition of lights, irrigation, and bleachers which are good until April 17, 1998;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby requests that the Board of Orange County Commissioners allocate $105,000 in funds from the 1997 Orange County parks bond to add lights, irrigation, and bleachers to the Southern Village School soccer field and provide a project contingency fund of $10,500.
BE IT FURTHER RESOLVED by the Council that if the County provides funding for improvements to the Southern Village School soccer field, the Council requests that the Chapel Hill/Carrboro City Board of Education accept the bid alternates as follows:
Irrigation and well system $19,000
Bleachers 7,500
This the 2nd day of March, 1998.
A RESOLUTION PROVIDING THE DURHAM-CHAPEL HILL-CARRBORO TRANSPORTATION
ADVISORY COMMITTEE WITH COMMENTS ON ITS DRAFT PUBLIC INVOLVEMENT POLICY
(98-3-2/R-6)
WHEREAS, the Durham-Chapel Hill-Carrboro Transportation Advisory Committee has developed a draft Public Involvement Policy; and
WHEREAS, the Transportation Advisory Committee has requested public comment on the draft Policy; and
WHEREAS, the Town Council believes that adequate time should be provided to the public and local jurisdictions to prepare public comments for those items being considered by the Transportation Advisory Committee; and
WHEREAS, the current Transportation Advisory Committee public involvement process sometimes provides inadequate time for the Town Council and its advisory boards to prepare recommendations;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Transportation Advisory Committee should amend the draft Public Involvement Policy to allow for a longer public comment period, between 30 and 60 days, on specific issues if requested by local governments to allow them to receive public comment and prepare recommendations on regional issues.
This the 2nd day of March, 1998.
Council Member Andresen removed item d and requested that it come back as a regular agenda item on a future agenda for the discussion of possible solutions.
COUNCIL MEMBER EVANS, SECONDED BY COUNCIL MEMBER PAVĂO, MOTIONED TO NOMINATE ALL TEN APPLICANTS FOR APPOINTMENT CONSIDERATION TO THE COMMUNITY DESIGN COMMISSION.
Council Member Andresen said it would be desirable for the Commission to include some neighborhood representatives.
THE MOTION TO NOMINATE ALL TEN APPLICANTS WAS ADOPTED UNANIMOUSLY (9-0).
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO APPOINT DIANNE BACHMAN TO THE DOWNTOWN SMALL AREA WORK GROUP. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
THE COUNCIL APPOINTED JOHNNIE SOUTHERLAND TO FILL A VACANT SEAT ON THE PARKS AND RECREATION COMMISSION. ORIGINAL VOTING BALLOTS ARE ON FILE IN THE TOWN CLERK’S OFFICE. COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO APPOINT ROLAND GIDUZ AND KENNETH McNARY TO THE CHAPEL HILL PUBLIC ARTS COMMISSION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Items carried over from the February 23rd meeting
Council Member Capowski commented that Mr. Shefte’s plan seemed reasonable and he favored the Town paying one-half the cost of installing the traffic signal. Council Member Andresen said she favored more Council discussion of the matter. Council Member Foy said he concurred with the staff’s recommendation that the Town not pay the costs for the traffic signal. Council Member Andresen said it was appropriate for developers to pay these types of costs.
Council Member Evans noted that the traffic signal plan was recommended by the Planning Board but had initially been estimated to cost only $3,000. Council Member Evans said that the Council did not participate in the decision so it would be reasonable to refer the issue back to the Planning Board for a recommendation.
Council Member Foy said that it did not set a good precedent for a developer to request a Town subsidy after a building had been fully occupied.
Council Member Pavăo agreed with Council Member Evans that the item should be referred back to staff and the Planning Board. He also said that if the Planning Board based the estimate on erroneous information, the developer should not have to pay for such an error.
Council Member Brown said the issue of process needed to be fully examined.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO REFER THE ITEM TO THE PLANNING BOARD FOR A RECOMMENDATION.
Council Member Brown requested a friendly amendment to ask the Manager for a report which would address process. Mr. Horton replied that Town staff had already addressed process as much as possible.
THE MOTION TO REFER WAS APPROVED BY A VOTE OF 6-3, WITH COUNCIL MEMBERS ANDRESEN, CAPOWSKI, AND FOY VOTING NO.
Council Member Brown asked for a more detailed follow-up staff report on energy usage at the IFC shelter and transit maintenance buildings. Mr. Horton noted that the Town’s transit maintenance facility was in use 365 days per year, three shifts per day.
Council Member Capowski stated that the Town’s biggest energy consumers were
buses, police cars, and other Town vehicles. He asked if Town buses could use less fuel.
Mr. Horton replied that existing buses were well maintained and efficient.
Item 8 Follow-up Report of
Community Development Program Amendment
Chris Berndt presented a brief follow-up report on the proposed amendment.
Myles Presler spoke in support of the Habitat for Humanity and Northside proposals as well as EmPOWERment’s proposed incubator project.
John Hanson spoke about extending sewer and water lines which would benefit Habitat for Humanity. Mr. Hanson said it would be most cost-effective if his proposed project were expedited to coincide with Habitat’s proposed project.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO REFER MR. HANSON’S SUGGESTION TO STAFF FOR A FOLLOW-UP REPORT. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Council Member Evans inquired whether there would be a performance agreement for EmPOWERment, Inc.’s incubator project. Mr. Horton replied that there would be a performance agreement. Council Member Foy asked whether funding for the EmPOWERment, Inc. project would be in the form of a loan or a grant. Mr. Horton replied that it would be a grant. Mr. Horton added that if the property was not maintained over time, the Town could claim it according to the provisions of the performance agreement.
COUNCIL MEMBER BATEMAN MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO ADOPT RESOLUTION 9A.
Council Member Andresen said that she was concerned about the proposed subdivision reapproval. Council Member Andresen said she was not sure that the Council could legally grant reapproval of an expired permit. Mr. Horton stated that although staff could reapprove a permit without the Council’s approval, it would be unwise to do so from a policymaking perspective.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO REAPPROVE THE SUBDIVISION APPROVAL.
A RESOLUTION AUTHORIZING THE MANAGER TO REAPPROVE THE EXPIRED 1995 FOX
HILL SUBDIVISION PRELIMINARY PLAT (98-3-2/R-9b)
WHEREAS, in 1995, the Chapel Hill Town Council approved a Preliminary Plat application for Fox Hill, a proposed subdivision on Rogers Road; and
WHEREAS, the Council’s Preliminary Plat approval authorized development of eleven lots; and
WHEREAS, the Preliminary Plat approval expired in 1996; and
WHEREAS, there is a provision in the Development Ordinance that allows the Town Manager to reapprove an expired Preliminary Plat;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to reapprove the expired 1995 Fox Hill Subdivision Preliminary Plat.
This the 2nd day of March, 1998.
Council Member Capowski inquired about the possibility of conditional reapproval to protect the Town’s investment. Mr. Karpinos responded that the performance agreement would provide such protections.
Council Member Capowski said he was worried about what would happen to the funds if the proposed project fell through. Mr. Horton replied that Habitat for Humanity would have to repay the amount or the Town could claim the property. Mr. Karpinos noted that it would not affect reapproval of the subdivision approval.
THE COUNCIL VOTED UNANIMOUSLY TO APPROVE RESOLUTION 9A (9-0).
A RESOLUTION AMENDING THE 1997-98 COMMUNITY DEVELOPMENT PROGRAM (98-3-2/R-9a)
WHEREAS, the Town has an ongoing interest in community development activities in Chapel Hill; and
WHEREAS, the Council has received requests for Community Development funding from Habitat for Humanity and from EmPOWERment Incorporated; and
WHEREAS, on February 9, 1998 the Council adopted a process to amend the 1997-98 Community Development program; and
WHEREAS, the Council held a public hearing on February 23, 1998 to receive citizen comments on a proposed amendment to the Community Development Program;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves the following amendment to the 1997 - 98 Community Development Block Grant program:
Millennium Celebration - Habitat for Humanity $200,000
Small Business Incubator - EmPOWERment Incorporated $150,000
Total $350,000
BE IT FURTHER RESOLVED that the Council authorizes the Town Manager to submit an amended Consolidated Plan to the U.S. Department of Housing and Urban Development to reflect this amendment.
BE IT FURTHER RESOLVED that the Council authorizes the Town Manager to enter into performance agreements with these organizations to implement the activities.
This the 2nd day of March, 1998.
Item 9 Extension of Services to Two Annexation Areas
Long Range Planning Coordinator Chris Berndt said that Resolutions A and B would approve the annexation reports relative to the future annexation of the Homestead Village and Horace Williams tract and the Oaks VB subdivision. She noted that a hearing was proposed for April 20th, with a proposed annexation effective date of June 30th.
Council Member Capowski asked whether annexation expenses could be apportioned for a fair share of services instead of a marginal share. Mr. Horton replied that State law required property owners to share in the cost of extending services.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO ADOPT RESOLUTIONS 10A AND B. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION APPROVING A REPORT WITH PLANS
FOR EXTENDING MAJOR MUNICIPAL SERVICES TO AN ANNEXATION AREA IN ACCORD WITH
G.S. 160A-47 (98-3-2/R-10a)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves the annexation plan for extending and financing services to that certain proposed annexation Area 1 (Map 1 - Homestead Village/Horace Williams Tract) as described in the Council’s resolution (98-1-26/R-3a); which plan was submitted to the Council by the Manager on March 2, 1998 and a copy of which plan shall be retained with the records of this meeting.
BE IT FURTHER RESOLVED that the Council directs the Manager to make the report available for public inspection at least 30 days before the public hearing in accordance with State law.
This the 2nd day of March, 1998.
A RESOLUTION APPROVING A REPORT WITH PLANS FOR EXTENDING MAJOR MUNICIPAL SERVICES TO AN ANNEXATION AREA IN ACCORD WITH G.S. 160A-47 (98-3-2/R-10b)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves the annexation plan for extending and financing services to that certain proposed annexation Area 2 (Map 1 - The Oaks III, Phase B5b) as described in the Council’s resolution (98-1-26/R-3b); which plan was submitted to the council by the Manager on March 2, 1998 and a copy of which plan shall be retained with the records of this meeting.
BE IT FURTHER RESOLVED that the council directs the Manager to make the report available for public inspection at least 30 days before the public hearing in accord with State law.
This the 2nd day of March, 1998.
Item 10 Public Housing Budget
Housing Director Tina Vaughn briefly outlined the proposed 1998-99 Public Housing Budget. She stated that Council approval of Resolution 11 would authorize the submittal of the proposed budget to U.S. Department of Housing and Urban Development.
Council Member Evans suggested a “piggyback” arrangement with other municipalities regarding applications for product purchases in public housing communities. She was particularly interested in using this method for the replacement of appliances. Mr. Horton said that other housing authorities might be using this method and staff would further investigate the matter.
Council Member Pavăo inquired about the proposed replacement of two vehicles. Ms. Vaughn replied that the old vehicles would be sold for surplus.
COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO ADOPT RESOLUTION 11. THE MOTION WAS ADOPTED UNANIMUOSLY (9-0).
Solid Waste Director Gayle Wilson outlined options for providing future capacity for the disposal of construction and demolition wastes. He stated that the Resolution before the Council directed staff to identify eligible properties for handling construction and demolition wastes.
COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, TO ADOPT RESOLUTION 12.
Council Member Capowski inquired why the Landfill Owners Group felt that it would be possible to find a site and construct a construction and demolition waste facility in one year without incurring lawsuits and other similar difficulties. He inquired whether or not a special use permit would be required for such a facility. Mr. Horton replied that North Carolina law did not require a special use permit if the property was to be used for a public purpose. Mr. Karpinos added that a special use permit would not be needed because there would be no building on the property.
Council Member Capowski asked why the Green Tract was not being used for its intended purpose. Council Member Foy said that the Green Tract was a highly valuable piece of property and it did not make sense to use it for a construction and demolition facility. Mayor Waldorf agreed with not using the Green Tract for a construction and demolition facility.
Council Member Capowski asked whether the Town would be taking a substantial risk because a time constraint was involved. Mr. Horton replied that waste could be taken to other facilities such as the one in Holly Springs, if necessary.
RESOLUTION 12 WAS ADOPTED UNANIMOUSLY (9-0).
A
RESOLUTION TO APPROVE THE RECOMMENDATION OF THE LANDFILL OWNERS GROUP FOR
LOCATING A CONSTRUCTION & DEMOLITION DISPOSAL FACILITY IN ORANGE COUNTY
(98-3-2/R-12)
WHEREAS, the Orange Regional Landfill
Construction & Demolition disposal facility will reach capacity sometime in
the second half of 1999; and
WHEREAS, the Landfill Owners Group has made a
recommendation to the governing boards that would initiate a process for
acquiring a new Construction & Demolition disposal facility in Orange
County;
NOW, THEREFORE, BE IT RESOLVED by the Council of
the Town of Chapel Hill that the Council authorizes the Manager to search for
freely offered property within Orange County which could be acquired for use as
a Construction & Demolition disposal facility.
This the 2nd day of March, 1998.
COUNCIL MEMBER PAVĂO MOOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADJOURN THE MEETING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
THE MEETING STOOD ADJOURNED AT 10:44 P.M.