REGULAR BUSINESS MEETING OF THE CHAPEL HILL TOWN COUNCIL

MONDAY, APRIL 6, 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 Managers Sonna Loewenthal and Florentine Miller, Town Attorney Ralph Karpinos, Assistant to the Manager Ruffin Hall, Police Chief Ralph Pendergraph, Finance Director Jim Baker, Engineering Director George Small, Housing Director Tina Vaughn, Long Range Planning Coordinator Chris Berndt and Planner Claudia Paine.

 

Item #2  Public Forum and Hearing on Preliminary Budget

 

Town Manager Cal Horton presented an overview of  budget items before the Council this evening, including the preliminary 1998-99 budget report, the preliminary 1998-2003 Capital Improvements Program, the preliminary 1998-99 Community Development Plan, the preliminary five year Comprehensive Grant Plan, the preliminary proposal for 1998-99 Comprehensive Grant Program, the preliminary plan for 1998-99 HOME program and the proposed Downtown Service District plan.  Mr. Horton recommended that at the conclusion of this evening’s hearing, that all comments be referred to staff for preparation of the proposed budget.  Mr. Horton noted that the preliminary budget report was intended to aid the Council in their budget deliberations.  Mr. Horton said that his preliminary budget recommendation would require a tax increase of 0.8 cents.

 

Mr. Horton noted various possible additions to the preliminary budget for the Council's consideration, including staffing needs in several Town departments.  He also noted the need for additional street maintenance, and said he did not believe that a fare increase for transit services would be necessary to maintain current service levels.  Mr. Horton commented that a $3.00 tipping fee increase, from $35 to $38, was proposed for the Landfill Fund.  Referencing the Parking Fund, Mr. Horton said that although no increase in parking fees was proposed, an increase in the monthly rental fee from $55 to $60 per month might be requested.  Mr. Horton also said funds would be requested for a standby fund, for employees who were required to be on-call during off-duty hours.

 

Mr. Horton said he believed it was essential that a pay increase of some significance be considered in order to retain and recruit a high caliber of employees who met the Town’s standards.  Mr. Horton touched briefly on other issues contained in the preliminary budget report, including the Capital Improvements Fund, the Community Development Plan, the Comprehensive Grant, HOME Program, and the Downtown Service District.

 

David Buchholtz, Executive Director of Good Work, noted that their current contract with the Town went into effect on December 1, 1997.  He noted they had experienced success with the small business program and were encouraged about the program’s future.  Mr. Buchholtz requested that Good Work be included in the Town’s budget so that small businesses could continue to benefit into the next fiscal year.

 

Chris van Hasselt, speaking for the Bicycle Task Force, stated that the Task Force had some recommendations for inclusion in the Capital Improvements Program.  He noted two major areas of recommendations, public improvements and short-term projects, and provided the Council with a list for each category.  Mr. van Hasselt highlighted the need for roadway maintenance, repair, or improvement projects to promote the use of bicycles.

 

Maxecine Mitchell, representing EmPOWERment Incorporated, asked the Council to approve the funding request by the Carr Court Neighborhood Association for HOME Program funds.  She noted that the Northside Neighborhood Association supported the Carr Court Neighborhood in their efforts to improve the quality of life in their neighborhood.

 

Angela Leak, representing the Carr Court Neighborhood Association, asked the Council to support funding for home revitalization in the Carr Court neighborhood.  Mayor Waldorf asked Ms. Leek whether Carr Court was located in Carrboro.  She answered yes.  Mayor Waldorf asked the Manager if funds could be spent in Carrboro.  Mr. Horton said some funds could be expended through the Home Consortium program with the Town of Carrboro.

 

Steve England, representing the Black Public Works Association, said that he would act as facilitator for this evening’s presentations by Transit and Public Works employees.

 

Bob Long, speaking on the matter of on-call duty, said being on-call restricted employees at-home time and he did not believe that ninety cents an hour was adequate compensation when the movements and actions of individuals were very restricted.  Mr. Long said that employees were on-call two out of every three weekends.

 

Sim Burnette, speaking on random drug testing and the requirements of commercial drivers licenses, stated there were no vehicles in his division of the department which required a commercial drivers license to operate.  Mr. Burnette noted that although he did not mind taking a drug test, he believed that the random method currently in use was unfair.  Mr. Burnette said if he was required to have a commercial drivers license, every employee in the department should be required to have one.

 

Chris Carlson, speaking on the Town’s pay plan, stated that under the current plan it took about ten years to reach the mid-range of the pay scale.  She suggested having a pay plan which would enable employees to reach the top of the pay plan in a shorter period of time, possibly seven to seven and one-half years.  Ms. Carlson also stated that disciplinary actions should only affect pay for the year in which the infraction occurred and not every year thereafter.

 

Mary Dexter, speaking on the evaluation system used the Transportation Department, stated that it was a negative system which left employees with low self-esteem and unsure of their worth to the organization.  She stated that every word and every move on the job was scrutinized and carried a point value.  Ms. Dexter said every aspect of the evaluation process was subjective and could be interpreted in different ways by different supervisors.  She said few employees could fully understand their evaluations or the formulas used to arrive at the final evaluation.  Ms. Dexter commented that there were five categories on the evaluation, but the five point value assigned to each category was in fact only worth six-tenths of one percent when calculated.  Ms. Dexter said the evaluation process was a negative one and damaged morale on a daily basis.  She urged the Council to consider a different evaluation process and pay plan.

 

Joyce Booth, a Transit employee, noted that anyone could make a complaint on a bus driver, and that these complaints were noted during the evaluation process.  She suggested that citizens who felt the need to complain should not do so over the phone, but should report to the Town Hall and write out the complaint, so that it could be investigated for validity.  Ms. Booth also stated that the complaints should be removed after a reasonable period of time, not left in employee files for a number of years after the incident.

 

JaJa Amani, addressing the issue of salary compression, stated there were a number of different compression levels within the Transportation Department.  He stated that employees with fourteen to twenty-three years of experience were all making $28,385, and were topped out in their salary grade.  Mr. Amani stated that this wage was $5,000 below the Town’s estimated annual cost of living index.

 

Monroe Bowden, of the Public Works Department, disagreed with the current system which addressed salary compression.  He noted that employees who had been with the five years or more were the ones suffering from salary compression.  Mr. Bowden stated that employees who had passed the mid-point of their individual salary ranges were affected the most.

 

Lonnie Degraffenreidt said he believed that the use of contract employees had become a safety issue.  He said that laborers were often times inexperienced and not familiar with the type of work required by the Town.  He suggested that the current contract with Labor World should be examined closely and re-evaluated.  Mr. Degraffenreidt also said that the requirements of each job should be clearly stated and only employees who were qualified for particular jobs should be assigned to carry them out.

 

Steve England said the Town’s merit pay raise system was unfair to lower-paid employees because they received a smaller piece of the whole.  He said  that a method of pay increase should be used which was more equitable for everyone.  Mr. England suggested a flat across-the-board raise of $2,000 for every employee below the living wage of $32,000.  He also suggested that a 1% increase times the years of service, with a cap of ten years, be included to address the compression issue for those employees making $32,000 or less, the Town’s current livable wage.  Mr. England asked that a study be carried out to address these issues, especially the Town’s merit-based pay system.  He also stated that money was the only way to address these problems.

 

Mr. England also stated the need for workplace democracy.  He noted that there were many internal policies which were unfair to the workforce and were put in place by the administrative staff with no input from the workers who were required to adhere to them.  Mr. England said that this system was discriminatory.  Mr. England also said that many employees felt that  they were dealing with a dictatorship, not a democracy, and were powerless because they had no input.  He also expressed concern that morale among staff was dangerously low, mainly due to existing Town personnel policies.

Mr. England said that some mechanism needed to be put in place to ensure fairness on the job.  He noted that the evaluation system could be manipulated by supervisors and were difficult to understand.  Mr. England said changes needed to be made so that all employees were treated fairly and equally.  He encouraged the Council to look at alternatives to the current system.

 

Charlie Zimmerli, speaking for the Housing and Community Development Advisory Board, stated that the Board was asking for some expedited funding for the Craig-Gomains neighborhood for improvements to eleven of the eighteen apartments.  He noted that the proposed renovations included abatement of lead-based paint and asbestos.

 

Michael Ullman, a member of the Housing and Community Development Advisory Board, stated that doing the renovations now would save money and would maximize available resources.

 

Robert Dowling, representing the Orange Community Housing Corporation, requested an increase in the Corporation’s annual Town funding of $19,000, from $50,000 to $69,000.  Mr. Dowling noted that the funds would be used for fixed operating costs.

 

Robert Humphreys, Executive Director of the Chapel Hill Downtown Commission, expressed his support of the preliminary recommendations concerning the Downtown Service District tax.

 

Mark Chilton, a resident of North Columbia Street, said that he agreed with many of the points raised by Town employees speaking on budget items, and asked the Council for their full consideration to these suggestions.  Mr. Chilton stated it had been over ten years since the Council had received a pay increase and suggested that $10,000 per year would be appropriate.  He suggested that another way to compensate Council Members for their many hours of service to the Town would be to take the same raise that other employees received.

 

Council Member Joyce Brown inquired whether there was a possibility for making changes in the pay system this budget year or whether a consultant would have to be hired and any changes delayed pending a consultant's report.  Mr. Horton said that Town staff could evaluate the proposals put before the Council this evening.  He said if the Council wished to take a comprehensive look at the pay system, he did not believe it would be possible to do it this budget year.  Mr. Horton said that staff would be bringing two consultant's proposals before the Council during budget deliberations.

 

Council Member Brown requested a report on compression as it applied to the changes made several years ago when lower paid workers received a supplemental increase.  Mr. Horton said staff would be bringing a report before the Council on compression.  He said when the Council set a minimum rate, it compounded the compression problem.

 

Council Member Andresen said that although the Town could just use a simple step system, it might be impossible to do a comprehensive review of the Town’s pay system this budget year.  Council Member Andresen also said that the Council should have real input in the consultant’s work, and should develop a criteria for the consultant to follow, as well as the long-range goals the Council expected to achieve.  Referencing existing performance evaluation criteria, Council Member Andresen suggested that Town departments provide reports on their individual systems, followed by a Council discussion.

 

Council Member Andresen asked staff to prepare a report about additional costs to provide bus service to the Southern Orange County Human Services Center, a cost comparison of the cost of contracting rather than hiring new employees to maintain the Northern Community Park, and a breakdown of the existing duties of the Urban Forester and the Landscape Designer positions in the Public Works Department.

 

Council Member Wiggins requested additional information about the estimated amount of property tax increases needed to pay for currently unfunded departmental requests in the preliminary budget report.  She also asked that the Manager to report on how much of a tax increase would be necessary to implement the suggestions of the Black Public Works Association.

 

Council Member Capowski stated that Mr. England was correct when he had observed that employees were the Town's greatest asset.  Council Member Capowski said he would be in favor of a small tax increase to provide higher salaries for the Town’s lower-paid employees.  Council Member Capowski asked the Town Manager to provide the Council with a breakdown of who would receive salary increases and how much extra funding would be available for pay increases if the tax rate were raised by 1.3 cents rather than 0.8 cents.  Mayor Waldorf reminded the Council that the Manager’s preliminary report proposed an average pay increase of 4.75%, which would also raise the base salaries of most Town employees.

 

Council Member Foy inquired about the estimated cost of implementing the Town’s proposed “on-call” policy for call back pay.  Mr. Horton said that staff would prepare a follow-up options report for the Council’s consideration in the near future.

 

Council Member Andresen said that there was no funding for drainage improvements and only $20,000 for traffic calming in the proposed Capital Improvements Program.  Mr. Horton said that this was correct.  Council Member Brown requested that the Manager prepare a follow-up report to the Council about the Town’s use of labor from Labor World and other contractors.

 

COUNCIL MEMBER PAVĂO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO REFER ALL COMMENTS FROM THE PUBLIC FORUM AND HEARING TO TOWN STAFF.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO ADOPT RESOLUTION 1, REFERRING THE PRELIMINARY 1998-2003 CAPITAL IMPROVEMENTS PROGRAM TO TOWN ADVISORY BOARDS FOR REVIEW AND COMMENT.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION REFERRING THE PRELIMINARY REPORT ON THE 1998-2003 CAPITAL IMPROVEMENTS PROGRAM TO TOWN ADVISORY BOARDS FOR REVIEW AND COMMENT (98-4-6/R-1)

 

WHEREAS, the Capital Improvements Program is developed annually to provide funding for capital and infrastructure projects for the Town; and

 

WHEREAS, this Preliminary Report is the initial stage in the process to develop a Capital Improvements Program for fiscal years 1998-2003; and

 

WHEREAS, the Council annually invites Town advisory boards to provide comments and recommendations on the Capital Improvements Program for the upcoming five-year program period;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council refers the Preliminary Report on the 1998-2003 Capital Improvements Program to the following Town advisory boards for their recommendations:  Town’s Bicycle Task Force, Community Design Commission, Greenways Commission, Historic District Commission, Housing and Community Development Advisory Board, Library Board, Parks and Recreation Commission, Planning Board, and the Transportation Board.

 

This the 6th day of April, 1998.

 

Item #3  Petitions

 

Item 3a    Chapel Hill-Carrboro City Schools regarding expedited review for expansion of Estes            Hills School.

 

COUNCIL MEMBER PAVĂO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO REFER A PETITION FROM THE CHAPEL HILL-CARRBORO CITY SCHOOLS, REQUESTING EXPEDITED REVIEW  REGARDING AN EXPANSION AT ESTES HILLS SCHOOL, TO THE MANAGER.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Council Member Andresen said that it would be helpful if future agenda items were listed at the end of each agenda and kept updated so it could be used as a reference.

 

Item #4.1 - Consent Agenda

 

Council Member Capowski removed item 4.1g for consideration at the end of the meeting.

 

COUNCIL MEMBER PAVĂO MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT THE CONSENT AGENDA, RESOLUTION 2, WITH ITEM 4.1g DELETED.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

 

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES

(98-4-6/R-2)

 

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

 

a.         Minutes of February 16, 23, 27, March 4 and 18, 1998.

b.         Budget ordinance amendment:  Manager/Clerk (O-1).

c.         March for education temporary street closure request (R-3).

d.         Vacant landfill position classification change (O-2).

e.         Municipal agreement for U.S. 15-501 South (R-4).

f.           Formation of a Recycling Work Group (Council Member Brown) (R-5).

g.         Delete

h.         1997-98 Community Development Project Ordinance (O-3).

i.           Request for expedited review process for Rogers Road subdivision (R-7).

 

This the 6th day of April, 1998.

 

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1997 (98-4-6/O-1)

 

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

 

ARTICLE I

 

                                                Current                                                 Revised

APPROPRIATIONS               Budget             Increase           Decrease          Budget

 

GENERAL FUND

 

Non-Departmental

Contingency                 31,332                                     14,600             16,732

 

Manager/Clerk             870,710           14,600                                     885,310

 

This the 6th day of April, 1998.

 

 

 

 

A RESOLUTION TEMPORARILY CLOSING PORTIONS OF FRANKLIN STREET FROM HILLSBOROUGH STREET WEST TO THE CARRBORO CITY LIMITS AND MERRITT MILL ROAD (98-4-6/R-3)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the temporary closing of Franklin Street between Hillsborough Street and the Carrboro City Limits and Merritt Mill Road from Franklin Street to the Carrboro City Limits on Saturday, September 19, 1998 between 2:45 p.m. to 4:00 p.m., to allow the Walk for Education.

This the 6th day of April, 1998.

 

AN ORDINANCE AMENDING THE POSITION CLASSIFICATION AND PAY PLAN DATED OCTOBER 1, 1997 (98-4-6/O-2)

 

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

SECTION I

 

That the Council hereby amends the "Ordinance Establishing a Position Classification and Pay Plan and Longevity Plan for Employees of the Town of Chapel Hill and Bonds of Officials beginning October 1, 1997, as amended " as follows:

 

In Section IV, part C, in the Solid Waste Management Department , Operations Division delete the line

 

                                                                        Full-time                       Part-time              Grade No.

                                                                        #          hrs.                   #          hrs.      

 

Landfill Equipment Operator                             7          40                    -           -                       17

 

and add the lines

 

Landfill Equipment Operator                             6          40                    -           -                       17

 

Mechanic - Level II                                          1          40                    -           -                       20

 

This the 6th day of  April, 1998.

 

A RESOLUTION AUTHORIZING THE MANAGER TO EXECUTE A MUNICIPAL AGREEMENT WITH THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION REGARDING THE U.S. 15-501 IMPROVEMENT PROJECT BETWEEN CULBRETH ROAD AND THE CHATHAM COUNTY LINE (98-4-6/R-4)

 

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

 

WHEREAS, the Town has requested that the project include a raised center median, striped bike lanes, and certain sidewalk improvements; and

 

WHEREAS, a municipal agreement has been prepared which outlines the project elements, cost sharing arrangements, and responsibilities of the Town and State regarding this project;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council herewith authorizes the Manager to execute the municipal agreement between the Town and the North Carolina Department of Transportation regarding the U.S. 15-501 Improvement Project between Culbreth Road and the Chatham County line.

 

This the 6th day of April, 1998.

 

A RESOLUTION ENDORSING THE ESTABLISHMENT OF THE TRIANGLE AREA RECYCLING MARKETS DEVELOPMENT WORKING GROUP AS RECOMMENDED BY THE LANDFILL OWNERS GROUP AND, ADOPTING THE MISSION STATEMENT FOR THE WORKING GROUP (98-4-6/R-5)

 

WHEREAS, the markets for recyclable and reusable materials in this region are limited and thereby limit the types of economic growth that could occur based on collecting more of these materials, and

 

WHEREAS, the local economy and solid waste management programs could benefit from development of additional markets for recyclable and reusable materials diverted from the solid waste stream, and

 

WHEREAS, it is environmentally and economically beneficial to create local means to put these resources back into production locally,

 

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

 

The Council endorses the establishment a Recycling Markets Development Working Group with the following mission statement:

 

The mission of the recycling markets development working group is to investigate creative approaches to promoting and assisting businesses, providing technical assistance and recommending policies that encourage reuse, repair, recycling, composting, waste reduction and other programs to minimize solid waste in an environmentally sound manner that generates jobs and economic development for the region.

 

BE IT FURTHER RESOLVED that:

 

Membership in the task force should include representatives of area governments including at least those in Chatham, Durham and Orange counties, businesses, construction industry, agriculture, the solid waste industry, local colleges and universities, utilities, environmental groups as well as other citizens and organizations interested in economic development using recycled, reused, composted and repaired materials.

 

BE IT FURTHER RESOLVED that:

 

The Orange County Economic Development Commission be requested to provide staffing for the Working Group

 

BE IT FURTHER RESOLVED that:

 

The Council of the Town of Chapel Hill endorses the scope of work for the working group to include but not be limited to the following:

 

First:  Develop a vision and broad overview of an approach to developing a recycling and reuse materials economy for the area that could include the following:

 

a)    Investigate development of  a joint Materials Recovery Facility(ies) which could serve the communities of Chatham, Durham, and Orange Counties and manage both public and private sector materials using both public and private sector resources.

 

b)   Analyze potential for development of manufacturing and end use facilities using recyclable or compostable materials as well as other industrial byproducts generated in this region (and elsewhere). This analysis would include determining the amount of material demand, infrastructure needs, land and resource requirements, markets and other parameters that would impact locating such facilities in the region.  The Triangle J Council of Governments has received a grant from the US Environmental Protection Agency to conduct an industrial ecosystem assessment which evaluates the potential for industrial use of byproducts by other nearby industries in the region; the industries identified in the Triangle J study could be integrated into this analysis of potential end users.

 

The Recycling Markets Development Working Group  could consider the following tasks:

 

Create a data base of existing recycling/repair/reuse/composting. businesses in the Triangle J region including collectors, distributors, processors, manufacturers, purchasers of products using recycled materials. Use existing data bases and other resources to assist in compilation of this waste reduction data base. The purposes of the new data base are to assess ability of existing facilities to handle increased materials tonnages and determine strengths and weaknesses of the current recycling/reuse/repair/composting infrastructure.  Some of this work has already been accomplished in the North Carolina Recycling Business Study by the State of North Carolina and by others, including Triangle J Council of Governments.

 

Evaluate the State of North Carolina tax law that presently exempts recycling facilities from property taxes and some other state taxes.  Some local governments have considered this exemption negatively when considering promoting the siting of recycling facilities in their jurisdiction.  Presumably the industries have viewed the tax exemptions as an asset. Pursuant to the mission statement on recommending policies, it could  be fruitful to determine if  the benefits of the tax exemptions continue to outweigh the loss of revenues to the government for promoting recycling.

 

This the 6th day of April, 1998.

 

AN ORDINANCE TO AMEND THE 1997-98 COMMUNITY DEVELOPMENT ENTITLEMENT PROGRAM PROJECT ORDINANCE (98-4-6/O-3)

 

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 1997-98 Community Development Entitlement Program Project Ordinance (97-6-23/O-11) as amended, is hereby revised to read as follows:

SECTION I

 

The projects authorized are the Community Development projects as approved by the Council on April 28, 1997: funds are as contained in the Funding Approval and Grant Agreement between the Town and the U.S. Department of Housing and Urban Development (HUD).  The projects are known more familiarly as the 1997-98 Entitlement Community Development Block Grant.  The grant activities include neighborhood revitalization, rehabilitation of public housing, and support of organizations that provide community services to low-income residents. 

 

SECTION II

 

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

 

SECTION III

 

Revenues for the project are hereby amended as follows:

 

                                                                        Current Budget Revised Budget

Community Development Grant                        $ 455,000                    $455,000

Program Income                                               $   43,808                    $131,308

            Total                                                    $ 498,808                    $586,308

 

 

 

 

 

SECTION IV

 

Appropriations for the project are hereby amended as follows:

 

                                                                        Current Budget Revised Budget

 

Rehabilitation of Public Housing:                            $278,000                       $278,000

Neighborhood Revitalization:                                 $  45,000                       $  45,000

Development Costs (Habitat)                                $  40,000                       $  40,000

Job Training:                                                         $  38,000                       $  38,000

Community Services:                                             $  30,000                       $  30,000

Public Improvements:                                            $  10,000                       $  10,000

Land Acquisition (Habitat):                                    $           0                       $  87,500

Program Administration:                                        $  57,808                       $  57,808

 

      Total                                                               $498,808                       $586,308

 

SECTION V

 

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

 

SECTION VI

 

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

 

This the 6th day of April, 1998.

 

A RESOLUTION DIRECTING EXPEDITED PROCESSING IN THE REVIEW OF THE APPLICATION FOR PRELIMINARY PLAT APPROVAL FOR THE ROGERS ROAD SUBDIVISION(98-4-6/R-7)

 

WHEREAS, the Town of Chapel Hill has received a request from Hansen Development for expedited processing of an application for Preliminary Plat Approval for the Rogers Road Subdivision; and

 

WHEREAS, on March 2, 1998, the Council authorized Town funding to assist with Habitat for Humanity’s effort to purchase the adjacent Rogers Road property, formerly known as the Fox Hill Subdivision, for the construction of affordable housing; and

 

WHEREAS, expediting processing of the Rogers Road Subdivision application could allow the two developments to progress with simultaneous construction of water and sewer infrastructure, resulting in significant cost savings for the Habitat for Humanity development;

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 Preliminary Plat Approval application for the proposed Rogers Road Subdivision, in a manner that will speed review without sacrificing breadth or depth of analysis.

 

This the 6th day of April, 1998.

 

Item #4.2 - Information Reports

 

Council Member Brown requested that item 4.2a, the report on Windsor Park Subdivision stormwater management, be removed and placed on a future Council agenda for discussion.

 

Item #5 - Proposed Development Moratorium

 

Planning Director Roger Waldon presented a brief report on the proposed development moratorium.  He noted that the report before the Council was in response to the Council’s discussion and direction given to staff at the March 2nd public hearing.

Mark Chilton said he believed that the proposed moratorium would not have much of an impact because it exempted single-family construction.  He said most of the land in the proposed moratorium area was zoned R-2 and R-3, with a mix of zoning in the Cameron-McCauley Historic District.  Mr. Chilton said the exception was the property  lining the north side of Rosemary Street, from Breadmen's Restaurant to the Carrboro Town line, which was zoned Town Center.  Mr. Chilton said these properties were the most run down and unsightly in the Town, and he would very much like to have someone come in and improve these areas.  He said in his neighborhood most of the development is single-family homes and does not anticipate any impact if a moratorium is imposed.

 

Pauline Grimson, speaking for the Westside Neighborhood Association, said it was time that the Town looked at what was happening and what could happen, and a moratorium would allow time for this to take place.  Ms. Grimson said that she was particularly concerned about parking issues and multiple occupancy of unrelated renters in single-family or two-family homes.

 

Council Member Brown stated that the most serious problem with the current zoning was the potential for new development within all the areas noted.  She called the Council's attention to the zoning maps attached to her memorandum to the Council, briefly describing the current zoning designations for particular properties.  Council Member Brown expressed her hope that the Council would favor a moratorium, and that the Council needed to take action to address these problems.  She suggested that a working group be established to address the current zoning with suggestions for new zoning designations, as the zoning does not provide adequate protection to the neighborhoods. Council Member Brown stated that the second issue needing attention was parking problems, since some area residents had difficulty obtaining visitor passes.  She suggested that a group of residents, staff and others be appointed to examine the current policies regarding off-street restrictions and the issuance of permits.  Council Member Brown noted that another approach would be to address activities in the neighborhood, such as excessive light, shouting, and littering, and to establish a committee to address how the University, UNC Hospitals, student government, homeowners, renters, and others could address the problems within the neighborhoods.   Council Member Brown said she favored the formation of the three committees, regardless of whether or not the proposed moratorium were implemented.

 

Council Member Andresen said she believed that the most serious issues were better standards for rental property, and added that the Council should talk more about it and possibly hold a public hearing on this topic.  Regarding parking problems, Council Member Andresen said that the Council needed to improve Town policies.  She stated that the problem of illegal occupancy should also be addressed.  Council Member Andresen said that the most important issue was zoning and agreed that some changes needed to be made, but was not sure about the best way to do so.  She said the goal was to create a zoning designation to protect and improve the areas under consideration.  Council Member Andresen suggested a facilitated meeting be held on a weekend so that a group recommendation would be formulated from everyone wishing to provide input.  She said she wanted to achieve the objectives identified by Council Member Brown, but wanted to look at all alternatives.  Council Member Andresen said she did not believe that a moratorium should last more than six months if one were implemented.

 

Council Member Evans asked Council Member Brown to explain why current zoning was inadequate.  Council Member Brown said she believed the zoning was inadequate to give the protection needed to preserve these areas.  She said parking was already a serious problem, that existing streets were narrow, and if properties were bought up by developers, multiple housing could be built on small lots.

 

Council Member Evans said she found that the maps before the Council did not show the present level of development.  Council Member Evans said she would want to have this information before she could made a decision on whether or not a moratorium was needed.  Council Member Evans also said she believed that at least six months were needed to the effectiveness of the Town’s new Zoning Enforcement Officer position.  Council Member Evans said that the parking and multiple occupancy problems could be addressed through enforcement.  She urged the Council to evaluate the impact of enforcement before proceeding with a moratorium.  Council Member Evans also stated that the Planning Board could review the situation and make recommendations to the Council, rather than establishing new committees.  Council Member Evans expressed concern that proceeding with a moratorium would be moving in the wrong direction.  She suggested that the Council revisit the matter in six months, after the Zoning Enforcement Officer position had had the opportunity to address occupancy, parking and other concerns.

 

Council Member Brown asked the Manager whether the new Zoning Enforcement Officer position would be looking at the enforcement of  new parking regulations.  Mr. Horton said that this was correct Council Member Brown said her suggestion regarding parking had nothing to do with enforcement, but rather the system used to issue parking permits.  She added that the Noise Committee had heard a great deal about the noise problems in neighborhoods near the University.

 

Council Member Evans stated that the Zoning Enforcement Officer’s role could be expanded to address the parking issue, and maybe the two could be combined and a report brought back in six months.  She said regarding the third committee, it was incorrect to assume that all the problems are University related, as many visitors come in to our community.

 

Council Member Bateman stated we should focus on zoning, not on parking or noise levels.  She said we should be resourceful and creative enough to solve these problems without such a dramatic approach as a moratorium.  Mr. Horton said it would not take long to change the zoning if the Council wishes, maybe a few months.

 

Council Member Foy stated we may be more successful if we have a comprehensive approach to address the problems, and agreed with Council Member Bateman's remarks.  He agreed with Council Member Brown's comment regarding the need for periodic review of existing neighborhoods and addressing any problems noted.

 

Council Member Capowski stated that he believed that all rental properties located in the Town, in which the legal owner of the property did not reside, must be licensed and inspected by the Town.  He said the two main issues were parking, both residential and communal, and that there were changes in the neighborhoods when students moved in, which also affected the availability of low-income housing.  Council Member Capowski said he believed a moratorium was too extreme, but some action should be taken.  He suggested that a meeting be held to solicit comments from residents and others so that alternatives could be considered.

 

Mr. Waldon noted he had talked with the Raleigh Planning Director who said they were facing some of the same issues as the Town.  He said one technique the City of Raleigh had used was zoning, including rezoning of property by creating a zoning district which prohibited multi-family housing.  Mr. Waldon reported that one result of this was that it created non-conforming uses, which was a problem for the property owner.  He said another technique used by the City of Raleigh was to try to work with individual neighborhoods through a six month process of studying the neighborhoods and creating an overlay district which would work for that particular neighborhood, such as reducing setbacks or height limitations.  Mr. Waldon said that regarding non-confirming features, Raleigh, in this overlay zone, set a date for the non-conforming features to be corrected.  He said sometimes the history of the property was researched so that the appropriate designation was placed on the property.

 

Mayor Waldorf asked whether the Council could look at all of the older neighborhoods around the University and the downtown, and make it a part of a re-evaluation of the Comprehensive Plan, and allow no changes for six months.   Council Member Brown said that this was a moratorium.  Mayor Waldorf asked her to explain.  Council Member Brown said she had chosen the particular areas proposed because problems had been identified in those neighborhoods.  Council Member Brown added that all areas around the University and downtown could be included.  Council Member Brown said the maps provided to the Council showed real potential for building of additional units in these areas, and that it had already begun in some areas.  She said that although a moratorium might seem extreme, it was a tool that the Council could use to protect these areas.  Mayor Waldorf said she believed it would be less drastic to rezone the properties in question.  Council Member Andresen said she agreed with the Mayor, and suggested that the Council adopt an interim zoning designation which would prohibit multi-family development.

 

Council Member Foy asked whether the Mayor was suggesting that the Council  move quickly to rezone and then study the problems in depth.  Mayor Waldorf said she felt the Council could move fairly  quickly on the matters.

 

Council Member Andresen said it would take a very long time to study the Town’s Comprehensive Plan and revise it.  Council Member Andresen also said she felt uncomfortable linking the Comprehensive Plan to the proposal for an interim zone.

 

Council Member Wiggins asked whether the construction in the Town’s historic districts had to adhere to certain requirements.  Mr. Horton said some superficial changes could be made without approval.  Council Member Wiggins asked whether on-site parking provisions were included in historic district regulations.  Mr. Horton said this was correct.  Council Member Wiggins said she was not opposed to in-fill in neighborhoods, because it was necessary to provide housing for people.  Council Member Wiggins expressed her concern about the rights of property owners and the desire for older neighborhoods to be protected.  Council Member Wiggins asked about building in restrictions which would require that new construction fit in with nearby homes.  Council Member Wiggins also said she believed that litter was a problem all over the Town, as well as noise.  Council Member Wiggins stated that when one chose to live close to the University, there were some problems which one had to accept.  Council Member Wiggins said she did not believe that the University would want to take on the responsibility of controlling noise in surrounding neighborhoods.  Council Member Wiggins said she was not ready to say she was against multi-family units in any neighborhood, including her own, as long as they were well-maintained.

 

Council Member Pavăo said there had been a lot of confusion among the Council as to whether or not to propose a moratorium, and several months later the Council was  still discussing the matter.  He said one result of the public hearing was whether or not a moratorium should be enacted while the identified problems were being addressed.

 

COUNCIL MEMBER PAVĂO MOVED, SECONDED BY COUNCIL MEMBER EVANS, THAT NO MORATORIUM BE ESTABLISHED AND THAT THE PROBLEMS NOTED THIS EVENING BE ADDRESSED BY THE MANAGER AND STAFF, INCLUDING A PROCESS TO EXAMINE  CURRENT ZONING.

 

Council Member Brown offered a substitute motion, asking the Manager to study and report on an overlay zone and come back to the Council with proposals, and that a task force on zoning be established.

 

Mayor Waldorf inquired whether Council Member Brown was asking that this motion be tied to a study of the Town’s Comprehensive Plan.  Council Member Brown answered not at this time.

 

THE SUBSTITUTE MOTION WAS SECONDED BY COUNCIL MEMBER FOY.

 

Council Member Andresen said Council Member Brown's substitute motion should be considered, as she did not believe the moratorium had enough support to pass.

 

Council Member Pavăo stated his motion would put to rest the moratorium issue and begin a process to study current zoning.

 

Council Member Brown stated her substitute motion asked that the Manager come back to the Council with a report on establishing a task force on zoning and a report on an overlay district or interim district.

 

Council Member Pavăo reminded the Council his motion did not include studying an overlay zone.

 

Mayor Waldorf reiterated that Council Member Pavăo’s motion was to dismiss the moratorium idea and to determine how to address the zoning issues.

 

Council Member Brown said her motion was a fairer one, in that the moratorium was taken out of the equation, but the zoning issue would be addressed and a task force established.

 

Council Member Evans said she did not have enough information to say that an overlay zone would be appropriate, and she was concerned that this motion would create an overlay zone.

 

THE MOTION TO CONSIDER THE SUBSTITUTE MOTION WAS APPROVED BY A VOTE OF 5 TO 4, WITH COUNCIL MEMBERS EVANS, PAVĂO, BATEMAN AND WIGGINS VOTING NO.

 

Council Member Brown restated her motion, which was to refer to the Manager this evening’s discussion with the request that the Manager come back with proposals for a study on overlay zoning as an interim zoning measure and the establishment of a task force on zoning.

 

Council Member Capowski said he agreed with the establishment of a task force, but suggested an amendment to Council Member Brown’s motion to add the words "or some other appropriate zoning" after the words "overlay zoning".

 

Council Member Brown asked if other areas should be designated for study.  Mr. Karpinos said if other properties were identified, then those property owners would have to be notified of the possible changes.

 

Council Members Andresen and Evans said they were in favor of broadening the areas to be studied.  Council Member Evans stated that the lack of housing was what was causing the problems in these neighborhoods, since there was inadequate housing to meet the community’s needs.

 

Council Member Bateman said if the area to be studied was broadened, she would like to see some limits set as to how widely it was broadened.

 

Council Member Brown said the areas specified could be decided at a later date.  Mr. Karpinos said that if a draft ordinance were proposed, then the affected property owners would have to be notified.  He stated this could be done through mailings or ads placed in local newspapers along with a map indicating the affected areas.

 

Mayor Waldorf said she was in favor of looking at a larger area, and at some point the Council needed to commit to looking at the entire Town.

 

Council Member Brown said she was looking at her proposal as a model to be used later to look at the entire Town, but did not want to delay the issue before the Council at this time.

 

Council Member Wiggins said she is sympathetic to the issues raised.  She stated she would not want to support any proposal that would restrict any type of housing, since housing is needed.  She said if the Council is moving towards restricting certain types of housing in historic districts, she would not support that.

 

Council Member Andresen requested that the motion be restated.

 

Council Member Brown asked for the Mayor to suggest some language to be included in the motion.  Mayor Waldorf suggested that language be included which would be a first step in a revision of the Town’s Comprehensive Plan.  She suggested that staff provide a follow-up proposal for the Council’s consideration, including the possible establishment of a task force.  Council Member Andresen expressed concern that tying the matter to the Comprehensive Plan might slow down the process.  Mayor Waldorf said the proposal was to consider an interim zone while the overall Comprehensive Plan process was moving forward.  Council Member Brown also suggested that a specific date be included in the motion.  Council Member Foy asked whether the motion included only the areas originally included in the proposal.  Mayor Waldorf said yes.  Mr. Horton said the earliest staff could reasonably bring a report to the Council was May 26th.

 

THE SUBSTITUTE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Item #6  Proposed Horace Williams Zoning District

 

Mr. Waldon presented a brief overview of the draft Horace Williams zoning district.  He noted that the intent of the draft zoning district was for application to tracts of land 150 acres or larger in size, to encourage and provide incentives for intelligent, pedestrian and transit-oriented mixed-use development, designed and built in a manner which protected the character and interests of nearby residential neighborhoods.  Mr. Waldon noted that the recommendation was for adoption of Resolution A thanking the members of the Horace Williams Zoning Work Group and either Resolution B or C to initiate discussion of the proposal.

 

Planning Board Member Bruce Runberg said that this was a generic product, and could be used for several parcels of land throughout the Town, including the Horace Williams property.

 

Council Member Andresen thanked the University for joining the Town in this collaborative effort, adding that the report was an excellent product.  Council Member Andresen said she would like to see the Council look at the original goals as stated by the Council before it went to the Work Group, and compare them with the results of the Work Group’s efforts to determine that the product satisfied the Council's goals.  Council Member Brown expressed her concurrence with this suggestion.

 

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

 

A RESOLUTION THANKING MEMBERS OF THE HORACE WILLIAMS ZONING WORK GROUP (98-4-6/R-9a)

 

WHEREAS, the Chapel Hill Town Council appointed a Horace Williams Zoning Work Group to study possible mechanisms to manage development on large parcels of land, and requested that the Work Group prepare and recommend a new zoning district; and

 

WHEREAS, the Work Group undertook this task in a collaborative manner, considering the interests of the community, owners of large tracts of land, and existing neighborhoods; and

 

WHEREAS, the Work Group met regularly over an 18-month period to develop and refine a proposal to present to the Town Council; and

 

WHEREAS, the Town Council finds that this process and this work were well undertaken and executed, with care and appropriate consideration of the many interests involved;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Council expresses its gratitude to the members of the Horace Williams Zoning Work Group for their dedication and significant contributions to task of managing growth in Chapel Hill.

 

This the 6th day of April, 1998.

 

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADOPT RESOLUTION B WITH AN AMENDMENT STATING THAT THE ADDITIONAL TASK OF EVALAUTING WHETHER OR NOT THE PROPOSAL MEETS THE GOALS AS STATED BY THE COUNCIL BE ADDED TO THE END OF THE SENTENCE BEGINNING “NOW, THEREFORE, BE IT RESOLVED”.  THE  MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION REFERRING A DRAFT ZONING DISTRICT PROPOSAL TO THE PLANNING BOARD, TRANSPORTATION BOARD, AND TOWN MANAGER

(98-4-6/R-9b)

 

WHEREAS, the Chapel Hill Town Council appointed a Horace Williams Zoning Work Group to study possible mechanisms to manage development on large parcels of land, and requested that the Work Group prepare and recommend a new zoning district; and

 

WHEREAS, the Work Group undertook this task in a collaborative manner, considering the interests of the community, owners of large tracts of land, and existing neighborhoods; and

 

WHEREAS, the Work Group has prepared a draft zoning district for consideration by the Town Council, for possible inclusion in the Chapel Hill Development Ordinance; and

 

WHEREAS, the Town Council wishes to have the counsel of the Planning Board, Transportation Board, and Town Manager available to it as the Council studies and discusses this proposal;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council refers this proposal to the Planning Board, Transportation Board, and the Town Manager with a request for comments and reactions.

 

BE IT FURTHER RESOLVED that the Council requests that such comments be transmitted to the Town Council by May 30, 1998.

 

This the 6th day of April, 1998.

 

Mr. Waldon said that if the Council wanted to hear comments from advisory boards , it would not be appropriate to adopt Resolution C, setting a public hearing for June 15th.  Council Member Capowski asked if the Council changed their mind, could the June 15th hearing be canceled.  Mr. Waldon said that this was correct.

 

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

 

A RESOLUTION CALLING A PUBLIC HEARING ON A PROPOSAL TO ADD A NEW ZONING DISTRICT TO THE DEVELOPMENT ORDINANCE (98-4-6/R-9c)

 

WHEREAS, the Chapel Hill Town Council appointed a Horace Williams Zoning Work Group to study possible mechanisms to manage development on large parcels of land, and requested that the Work Group prepare and recommend a new zoning district; and

 

WHEREAS, the Work Group undertook this task in a collaborative manner, considering the interests of the community, owners of large tracts of land, and existing neighborhoods;  and

 

WHEREAS, the Work Group has prepared a draft zoning district for consideration by the Town Council, for possible inclusion in the Chapel Hill Development Ordinance; and

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council calls a public hearing to consider amending the Chapel Hill Development Ordinance to add this new zoning district.

 

BE IT FURTHER RESOLVED that this hearing be scheduled for 7:00 p.m. on June 15, 1998, in the Chapel Hill Town Hall Council Chamber.

 

BE IT FURTHER RESOLVED that the Council refers this proposal to the Planning Board, Transportation Board, and the Town Manager with a request for comments and recommendations to be brought to the June 15 public hearing. 

 

This the 6th day of April, 1998.

 

Council Member Andresen asked Mr. Karpinos if he had reviewed the document.  Mr. Karpinos said he had reviewed the document.   Council Member Andresen asked for his comments on the document when the item came back before the Council.

 

Item #7 Creation of Technology Committee

 

COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT RESOLUTION 10.

 

Council Member Foy said Orange County had established a similar committee, and would like for the Council to coordinate with them.  Council Member Capowski stated that contact would be made between the two committees.

 

THE MOTION TO ADOPT RESOLUTION 10 WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION REQUESTING THE FORMATION OF A TECHNOLOGY COMMITTEE (98-4-6/R-10)

 

WHEREAS, the Town Council has successfully used citizens committees with special expertise to provide assistance to Town staff and to advise the Council concerning several technology-related issues; and

 

WHEREAS, in Chapel Hill there are specialists with expertise in numerous technology related fields with an interest in serving the Town; and

 

WHEREAS, the Town Council established a Communications and Technology Committee on January 12, 1998 to work with Town staff to make recommendations for a technology plan for the Town; and

 

WHEREAS, in April 1997, the Town Council discussed informally their interest in the formation of such a committee of citizens with expertise in several areas involving communications and technology, therefore,

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council shall establish a standing  Technology Committee of people with demonstrated expertise in technology related fields, whose function is to advise the Council and staff in technology related matters.

 

BE IT FURTHER RESOLVED that the Council of the Town of Chapel Hill rescind the authorization of the Communications and Technology Committee.

 

BE IT FURTHER RESOLVED that the Council of the Town of Chapel Hill authorizes the Manager to recruit citizens to serve on the  Technology Committee including those who may have already applied to serve on the Communications and Technology Committee.

 

BE IT FURTHER RESOLVED that the Council of the Town of Chapel Hill appoint a Council Member to serve as the Committee’s convenor and Council liaison.

 

This the 6th day of April, 1998.

 

Item #8  Proposed Hotel-Motel Tax Grant Process

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO ADOPT RESOLUTION 11.

 

Council Member Andresen asked why it was necessary to set the limits suggested in the proposed resolution.  Council Member Pavăo said this resolution was similar to what had been adopted in previous years.  Council Member Andresen stated that the hotel-motel tax already supported the Visitor's Bureau and wanted to be sure that the  Council knew exactly what the funds were being used for, and that the Town was getting a good return on its investment.  Council Member Pavăo said this resolution was in the Town's best interest.  Council Member Andresen asked if the primary return on the Town’s  money was that more people were visiting the Town.  Council Member Pavăo answered yes, that more sales tax was collected and hotel rooms were filled.

 

Council Member Foy said he understood that at least ten percent of this tax had to go towards visitor services.  Council Member Pavăo said that this was correct.

 

RESOLUTION 11 WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION ESTABLISHING A PROCESS AND SCHEDULE FOR REVIEWING PROJECT PROPOSALS FOR USE OF HOTEL/MOTEL TAX REVENUES (98-4-6/R-11)

 

WHEREAS, the Council has adopted criteria for considering project proposals for use of hotel/motel tax revenues; and

 

WHEREAS, the Council will approve a total amount to be allocated for these project proposals as part of the budget process for FY 1998-99; and

 

WHEREAS, the Council has followed a policy of allocating 15% of all hotel/motel tax revenues to the Chapel Hill/Orange County Visitors Bureau; and

 

WHEREAS, the Town staff will evaluate project proposals and make recommendations to the Council in June 1998;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the following schedule and process for the review and allocation of funds from hotel/motel tax revenues:

 

April 9, 1998: Mail applications to organizations that are on an ongoing mailing list.

 

April 12, 1998: Advertise in a local newspaper that hotel/motel tax grant applications and criteria are available.

 

April 13 - May 15, 1998: Accept applications from all interested individuals and organizations.

 

May 18 – May 29, 1998: Staff could evaluate all grant proposals based upon Council approved criteria and develop recommendations for allocating hotel/motel funding. Copies of all hotel/motel tax proposals could be available for review by the Council on May 18, 1998.

 

June 8, 1998: Council scheduled to adopt budget.

June 8, 1998: Council consideration of hotel/motel grant applications and staff recommendations, assuming previous adoption of the FY 1998-99 budget that would include the amount available for hotel/motel grants.

 

June 23, 1998: Upon Council approval, staff would begin to negotiate performance agreements with all individuals and organizations selected to receive grants.

 

BE IT FURTHER RESOLVED that the Council of the Town of Chapel Hill directs that 15% of hotel/motel tax receipts be allocated to the Chapel Hill/Orange County Visitors Bureau and that $20,000 of hotel/motel tax receipts be allocated to the ArtsCenter.

 

This the 6th day of April, 1998.

 

Item #9  Response to Pein Petition

 

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

 

A RESOLUTION DIRECTING THE TOWN MANAGER TO INCLUDE $3,750 IN THE FY 1998-99 PUBLIC WORKS DEPARTMENT OPERATING BUDGET FOR CATCH BASIN HAZARD STRIPING THROUGHOUT TOWN (98-4-6/R-12)

 

WHEREAS, the Council has received a petition requesting that hazard striping be placed near selected storm drain catch basins; and

 

WHEREAS, the Council desires to have such striping placed as soon as possible.

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council herewith directs the Town Manager to include $3,750 in the FY 1998-99 Public Works Department operating budget for catch basin hazard striping during the summer and fall of this year.

 

This the 6th day of April, 1998.

 

Council Member Capowski stated that he had removed this item from a previous agenda because of a letter received from John Watkins of the North Carolina Department of Transportation, and asked that the Mayor take a copy of this letter to the next Transportation Advisory Committee meeting.  Mayor Waldorf responded that she would be attending a meeting on Wednesday, April 8th and would take the letter with her to share with interested parties.

 

Item #10  Follow-up on Legislative Matters

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO ADOPT RESOLUTION 13a.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION AUTHORIZING THE MAYOR, MANAGER AND ATTORNEY TO DISCUSS WITH UNIVERSITY REPRESENTATIVES AND OTHER INTEREST GROUPS THE PURSUIT OF LEGISLATION TO AUTHORIZE THE IMPLEMENTATION OF THE RECOMMENDATIONS OF THE HORACE WILLIAMS ZONING WORK GROUP (98-4-6/R-13a)

 

WHEREAS, citizens, Town Officials and University Officials have participated in the Horace Williams Zoning Work Group; and,

 

WHEREAS, this group has presented a proposal for modification of the Town’s Development Ordinance; and,

 

WHEREAS, the proposed modification to the Development Ordinance includes provisions for Development Agreements between the Town and owners of large tracts of land; and,

 

WHEREAS, in order to implement the recommendation of the Horace Williams Zoning Work Group, as Council may determine it should be implemented, legislative authorization for Development Agreements is necessary; and,

 

WHEREAS, in order to consider such a legislative requests, input from the University, the North Carolina Homebuilders Association and other interested parties is advisable;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Mayor, Manager and Attorney are authorized to communicate with University officials, representatives of the N.C. Homebuilders Associations and other interested parties to solicit their support for a bill to authorize the Town to enter into Development Agreement with owners of large tracts of land within the Town’s zoning jurisdiction.

 

This the 6th day of April, 1998.

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, ADOPTION OF RESOLUTION 13B.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION SUPPORTING EFFORTS BY THE NORTH CAROLINA LEAGUE OF MUNICIPALITIES TO PRESERVE THE SOUND ANNEXATION POLICIES INCORPORATED IN THE PRESENT PROVISIONS OF NORTH CAROLINA LAW

(98-4-6/R-13b)

 

WHEREAS, current annexation laws provide for fair and just treatment of areas that have become urban and need the urban services offered by cities and towns; and

 

WHEREAS, annexation of urbanized areas is fair and just because the areas outside of a city or town benefit directly or indirectly from town services; and

 

WHEREAS, people who live just outside a city’s limits benefit from the street maintenance, police protection, fire protection, sanitation and other city services when they work and shop in the city; and

 

WHEREAS, the presence of a city and its services tend to increase the value of land immediately outside the city;

 

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

 

1.    That the Council supports the efforts by the North Carolina League of Municipalities to protect the current annexation laws of North Carolina and the sound policies of the State reflected in those statutes; and

 

2.   That the Council requests its legislative delegation to oppose any bills in the upcoming session of the General Assembly that would prevent or discourage annexation or otherwise weaken the ability of cities and towns to annex areas near their current corporate limits.

 

This the 6th day of April, 1998.

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, ADOPTION OF RESOLUTION 13C.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION SUPPORTING CHANGES IN NORTH CAROLINA ALCOHOLIC BEVERAGE STATUTES AND ADMINISTRATIVE REGULATIONS TO ENHANCE THE ROLE OF LOCAL LAW ENFORCEMENT AGENCIES IN THE ENFORCEMENT OF EXISTING REGULATIONS AND TO AUTHORIZE THE ENACTMENT OF ADDITIONAL LOCAL REGULATIONS BY MUNICIPALITIES (98-4-6/R-13c)

 

WHEREAS, under current North Carolina law, some of the rules regarding sale of alcoholic beverages are contained in the North Carolina Administrative Code and not in the North Carolina General Statutes; and,

 

WHEREAS, enforcement of these State regulations pertaining to the sale of alcoholic beverages is assigned to State Alcohol Law Enforcement Agents; and,

 

WHEREAS, efforts to curb the over-consumption of alcoholic beverages would be enhanced if local governments were authorized to enact additional regulations and if local law enforcement agencies were given greater authority to enforce new and/or existing regulations pertaining to the sale of alcoholic beverages;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby supports efforts to modify existing State laws and regulations to increase the role of local government in the establishment of additional reasonable rules and regulations pertaining to the sale and consumption of alcoholic beverages and in the enforcement of current regulations.

BE IT FURTHER RESOLVED that the Mayor, Manager and Attorney are hereby authorized to indicate the Council’s support for such efforts and to work on behalf of the Council and the Town with other interested parties who support similar initiatives.

 

This the 6th day of April, 1998.

 

Item #11 - Orange Community Housing Corporation Funding Request

 

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

 

Council Member Brown said it was important to continue this program, and moved that the Council address short-term solutions which would keep the Corporation going after May when their funding shortfall would occur, and suggested that the Council work in concert with Town of Carrboro and Orange County on this matter.

 

COUNCIL MEMBER BROWN OFFERED A SUBSTITUTE MOTION WHICH WOULD REFER THE REQUEST FOR ADDITIONAL FUNDING TO THE MAYOR AND MANAGER AND ASK THEM TO MEET WITH THEIR ORANGE COUNTY AND CARRBORO COUNTERPARTS TO DISCUSS AND BRING BACK TO THE THREE GOVERNING BODIES PROPOSALS TO ADDRESS THE SHORT-TERM PROBLEM OF FUNDING TO MEET THE ADMINISTRATIVE NEEDS WHICH WOULD OCCUR IN MAY, 1998, AND TO ADDRESS THE PROBLEMS THE CORPORATION HAS HAD, WITH A REVIEW OF THE CORPORATION, AND THEN DEVELOP POLICIES AND STANDARDS WHICH THE THREE GOVERNING BODIES WOULD REQUIRE OF THE CORPORATION.

 

Mayor Waldorf asked whether the substitute motion meant that no funding would be approved this evening.  Council Member Brown said that this was correct, that it would give the Council an opportunity to look more closely at the request.

 

Council Member Foy stated that Orange County had been asked for $19,000 as well.  Mr. Dowling stated their request was on the County's agenda for April 21st.  He noted the Orange Community Housing Corporation  had also made a request of the Town of  Carrboro, but it had not been placed on their agenda as yet.  He noted that the funds had to be received by May so that the corporation’s operations could continue.

 

Council Member Capowski asked whether the Town’s $50,000 contribution to the corporation was General Fund money.  Mr. Horton said this was correct.  Council Member Capowski asked why the corporation was not receiving a portion of the Town’s Housing and Urban Development funds.  Mr. Horton said that these funds had to be expended on a specific project, and therefore the corporation was not eligible for these funds.

 

COUNCIL MEMBER FOY SECONDED COUNCIL MEMBER BROWN’S SUBSTITUTE MOTION.

 

Council Member Brown said she did not believe that the $19,000 was as important as having the Council's questions answered, and her motion provided a way to provide for the Council to have a more thorough review and still meet Mr. Dowling's May deadline.  Council Member Pavăo suggested that the Council approve the funds but still require the information as suggested by Council Member Brown.

 

Council Member Foy said that if Orange County was not going to address this request until April 21st, the Council may wish to look into why $19,000 was needed now.  He suggested that the Town’s Finance Director contact Orange County to determine the County’s intentions in this matter.  Mr. Horton said that he had met with Mr. Dowling previously and he had no doubt that the Corporation needed an immediate infusion of cash in order to remain solvent.  Council Member Brown suggested that the $19,000 be approved as a temporary measure, and then a more in-depth study take place.

 

COUNCIL MEMBER BROWN WITHDREW HER SUBSTITUTE MOTION.

 

MAYOR WALDORF SUGGESTED A NEW MOTION WHICH WOULD ADD LANGUAGE TO ADDRESS THE PROBLEMS THE CORPORATION HAS HAD, WITH A REVIEW OF THE CORPORATION, FOLLOWED BY THE DEVELOPMENT OF POLICIES AND STANDARDS WHICH THE THREE GOVERNING BODIES WOULD REQUIRE OF THE CORPORATION.

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT THE LANGUAGE SUGGESTED BY MAYOR WALDORF.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION AUTHORIZING A REVISION TO THE 1997-98 PERFORMANCE AGREEMENT WITH ORANGE COMMUNITY HOUSING CORPORATION

(98-4-6/R-14)

 

WHEREAS, the Orange Community Housing Corporation assists the Town of Chapel Hill with carrying out the housing goals of its Comprehensive Plan and Consolidated Plan;

 

WHEREAS, the Corporation and the Town have entered into a performance agreement for 1997-98;

 

NOW, THEREFORE BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to execute a revised 1997-98 performance agreement providing an additional $19,000 to the Orange Community Housing Corporation; and

 

BE IT FURTHER RESOLVED that the Council authorizes the Mayor and Manager to meet with their Orange County and Carrboro counterparts to address the problem the Corporation has had, with a review of the Corporation, followed by the development of policies and standards which the three governing bodies would require of the Corporation;

 

BE IT FURTHER RESOLVED that the Council authorizes that the amended performance agreement incorporate changes in the work program as authorized by the Corporation’s Board of Directors, and emphasizing the following items through June 30, 1998:

 

·        Completing the renovation of six townhomes in the Carr Court neighborhood in Carrboro;

 

·        Completing the repair of construction problems at Magnolia Place;

 

·        Administering the Urgent Repair Program, which provides critical repairs to very low income homeowners;

 

·        Developing a new concept plan for the Scarlette Drive property in Chapel Hill;  and

 

·        Conducting homebuyer education classes.

 

This the 6th day of April, 1998.

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO ADOPT ORDINANCE  4.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1997 (98-4-6/O-4)

 

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

 

ARTICLE I

 

                                                  Current                                                                       Revised

APPROPRIATIONS                  Budget                Increase           Decrease                  Budget

 

GENERAL FUND

 

 Non-departmental                                                                                      

   Agency Contributions             473,796                  19,000                                         492,796

 

ARTICLE II

 

REVENUES

           

GENERAL FUND

 

  Property Taxes                13,368,2000                  19,000                                    13,387,200

 

This the 6th day of April, 1998.

 

Item #12  Community Design Commission Terms

 

Council Member Andresen said she believed the Council should leave this decision up to the Community Design Commission.  Council Member Evans said she favored the idea of setting staggered terms for two and three years, which would give the two-year members enough time to make a difference.  Council Member Bateman said she would like to see some one-year terms to allow others who might want to participate to join the Commission.  Council Member Andresen asked that that this matter be referred to the Commission, with the Commission making a recommendation to the Council.

 

COUNCIL MEMBER PAVĂO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 15A.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION REFERRING THE LENGTH OF INDIVIDUAL MEMBER TERMS FOR THE COMMUNITY DESIGN COMMISSION TO THE COMMUNITY DESIGN COMMISSION (98-4-6/R-15a)

 

WHEREAS, the Chapel Hill Town Council appointed ten members to the Community Design Commission on March 23, 1998;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council seeks recommendation from the newly appointed Community Design Commission members regarding the assignment of staggered  length of membership terms for the Commission, with term duration  to include 3-year, 2-year, and 1-year memberships.

 

BE IT FURTHER RESOLVED that the Town Council requests that this recommendation be provided to the Town Council at a May or June of 1998 meeting.

 

This the 6th day of April, 1998.

 

Item #13  Bolin Creek Greenway Budget Amendment Change Order

 

Council Member Andresen asked what had caused the landslide behind the Sunrise Biscuit Restaurant, and the extent of the Town’s liability.  Council Member Pavăo stated that the Town was in the process of constructing Phase 2 of the Bolin Creek Greenway, and the landslide was complicated by excessive rain.

 

COUNCIL MEMBER PAVĂO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 16.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION AUTHORIZING THE MANAGER TO APPROVE UP TO $120,000 IN ADDTIONAL CHANGE ORDERS FOR THE BOLIN CREEK TRAIL, PHASE II PROJECT (98-4-6/R-16)

 

WHEREAS, unusually rainfall and flooding contributed to the partial collapse of a slope within the Bolin Creek Trail, Phase II project corridor; and

 

WHEREAS, it is necessary to stabilize the slope to prevent further damage to both private property and to the Bolin Creek Phase II Trail project; and

 

WHEREAS, flooding also caused other damage that will require repair and mitigation;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to approve up to $120,000 in additional change orders to the Town’s contract with Tri-State Consultants, Inc. for completion of the Bolin Creek Trail, Phase II project.

 

BE IT FURTHER RESOLVED that the council allocates $25,000 of existing greenways funding in the 1997-98 Capital Improvements Program in the Bolin Creek, Phase II project.

 

This the 6th day of April 1998.

 

COUNCIL MEMBER PAVĂO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT ORDINANCE 16A.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1997.  (98-4-6/O-16a)

 

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

 

ARTICLE I

 

                                                Current                                                             Revised

APPROPRIATIONS                  Budget                Increase           Decrease                  Budget

 

GENERAL FUND

 

   Non-departmental

      Transfer to Capital

            Project Ordinance                    0                  72,000                                           72,000

 

 

ARTICLE II

REVENUES

           

GENERAL FUND

 

    Fund Balance                     1,923,591                  72,000                                      1,995,591

 

This the 6th day of April, 1998.

 

COUNCIL MEMBER PAVĂO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT ORDINANCE 16B.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

AN ORDINANCE TO AMEND THE CAPITAL PROJECTS ORDINANCE FOR PARKS AND RECREATIONAL FACILITIES (98-4-6/O-16b)

 

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, that the capital projects ordinance established for Parks and Recreational Facilities in 1986 and amended in 1989, as amended, is hereby further amended as follows:

 

SECTION I

 

The capital project, as authorized by bond referenda approved in November 1986 and November 1989, includes the capital costs of providing parks and recreational facilities within and without the corporate limits of the Town, including the acquisition and development of land for community and neighborhood parks, entranceways, greenways, and open spaces.

 

SECTION II

 

The Manager of the Town of Chapel Hill is hereby directed to proceed with the implementation of the project within the terms of the bond authorization, and within the funds appropriated herein.

 

SECTION III

 

Revenues anticipated to be available to the Town to complete the project are amended as follows:

 

Current Budget             Revised Budget

 

Bond Proceeds                                     $7,500,000 $7,500,000

Orange County Grant                                     100,000                                   100,000

State Grant                                                    255,000                                   255,000

Interest on Bond Proceeds                             295,000                                   295,000

Transfer from General Fund                            157,300                                   229,300

Transfer from CIP Fund                                            0                                     31,000

 

Total                     $8,307,300                              $8,410,300

 

SECTION IV

 

Amounts appropriated for the project are amended as follows:

 

Current Budget             Revised Budget

 

Parks and Recreational                         $8,307,300 $8,410,300

  Facilities (including

  open space)

 

SECTION V

 

The Manager is directed to report annually on the financial status of the project in an informational section to be included in the Annual Budget.  He shall also keep the Council informed of any unusual occurrences.

 

SECTION VI

 

Copies of this projects ordinance shall be entered into the Minutes of the Council and copies shall be filed within 5 days of adoption with the Manager, Finance Director and Clerk.

 

This the 6th day of April, 1998.

 

Item #14  South Columbia Street Improvements

 

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO ADOPT RESOLUTION 17.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION REQUESTING THAT THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION DESIGN AND CONSTRUCT CERTAIN ROADWAY, DRAINAGE, BIKELANE, AND SIDEWALK IMPROVEMENTS ON SOUTH COLUMBIA STREET (N.C.86) BETWEEN MANNING DRIVE AND FORDHAM BOULEVARD.  (98-4-6/R-17)

 

WHEREAS, South Columbia Street between Manning Drive and Fordham Boulevard is a key roadway serving the Town and the University of North Carolina; and

 

WHEREAS, both the Town and the University are interested in having the State construct certain roadway, bicycle, pedestrian, and drainage improvements on South Columbia Street to better serve all users of this important transportation corridor; and

 

WHEREAS, representatives of both the Town and the University have met with State officials to discuss the desired improvements which would include limited roadway widening to accommodate a four-foot wide striped bikelane on the east edge of the roadway, curb-and-gutter along both sides of the roadway, a five-foot wide sidewalk at the back of curb along the east side of the roadway, and associated drainage and intersection improvements as can reasonably be accommodated within the existing right-of-way and with minimal disruption of adjacent properties.

 

NOW, THEREFORE, BE IT RESOLVED by the Chapel Hill Town Council here with requests that the North Carolina Department of Transportation design, fund, and construct the above described improvements on South Columbia Street (N.C. 86) between Manning Drive and Fordham Boulevard.

 

BE IT FURTHER RESOLVED that the Council authorizes the Town Manager to request that the Chancellor of the University of North Carolina at Chapel Hill endorse the Town’s proposal in writing.

 

This the 6th day of April, 1998.

 

The Mayor commented that she appreciated the University responding to the Town's concern.

 

Item #15  Consent Agenda Item 4.1g:  Request for Duke Energy

Corporation Right-of-Way Relocation

 

Council Member Capowski asked why these transmission lines could not be placed underground.  Engineering Director George Small stated that the cost of doing so was prohibitive.  Council Member Capowski asked about lines in other sections of Town.  Mr. Small said these were smaller distribution lines, rather than transmission lines.

 

Council Member Capowski asked for information on the cost of burying the relocated transmission lines.  Mr. Small said he would get this information from Duke Energy staff.  Council Member Capowski asked whether or not a two-week delay would disrupt Duke Energy Corporation's plans.  Mr. Small indicated that Duke Energy had expressed a desire to move forward as soon as possible.  Council Member Andresen agreed with Council Member Capowski about the need to get this information before proceeding.

 

The meeting stood adjourned at 11:20 p.m.