SUMMARY OF A COUNCIL MEETING HELD BY THE MAYOR AND COUNCIL OF THE TOWN
OF CHAPEL HILL, NORTH CAROLINA, MONDAY, MAY 11, 1998
AT 7:00 P.M.
Mayor Rosemary Waldorf called the meeting to order at 7:02 p.m. Council Members in attendance were Flicka Bateman, Joyce Brown, Joe Capowski, Pat Evans, Kevin Foy, Julie McClintock, Lee Pavao and Edith Wiggins. Also in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Engineering Director George Small, Planning Director Roger Waldon and Town Attorney Ralph Karpinos.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, TO ADOPT A RESOLUTION OF APPRECIATION RECOGNIZING THE SERVICE OF CHARLIE ADAMS. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION HONORING THE SERVICE OF MR.
CHARLES H. ADAMS TO THE NORTH CAROLINA HIGH SCHOOL ATHLETIC ASSOCIATION AND THE
CITIZENS OF CHAPEL HILL
WHEREAS, Charles H. Adams has served as Executive Director of the North Carolina High School Athletic Association (NCHSAA) since July, 1984; and
WHEREAS, Mr. Adams' accomplishments in that role include:
· Administering and supervising the overall operations for the NCHSAA which currently includes 325 schools and 120,000 student athletes,
· Developing corporate sponsorship program for NCHSAA which now serves as a model for other states,
· Was a leader in upgrading facilities for State championship events, taking events to such venues as Kenan Stadium and the Dean Smith Center,
· Assisted in developing an innovative new Student Services program, including a strong commitment to education and prevention involving alcohol and other drugs, violence prevention, academic accountability and leadership training,
· Creating the NCHSAA Endowment, which is designed to preserve athletic opportunities for all student athletes; and
WHEREAS, Mr. Adams is a nationally renowned speaker for other state associations on North Carolina programs; and
WHEREAS, Mr. Adams is currently serving as the President of the National Federation of State High School Associations for 1997-98; and
WHEREAS, Mr. Adams is active in community, church, and civic service, including serving as a member of the Chapel Hill Rotary Club, founding organizer and member of the Chapel Hill Sports Club, a member of the North Carolina Chapter of the Football Hall of Fame, a member of the Governor's Committee on Tourism and Sports Development, and others; and
WHEREAS, Mr. Adams has dedicated his life to serving others through his association with the North Carolina High School Athletic Association since 1967; and
WHEREAS, there are many benefits associated with high school athletic events being held in Chapel Hill, which are valued and appreciated by the Town;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council honors
Mr. Charles H. Adams
for his dedication, commitment, and leadership to high school athletes throughout our State.
This the 11th day of May, 1998.
Item 2 Public Forum on Traffic Management
Mr. Small presented an overview of the process to date, including opportunities for public input.
Kani Hurow, a resident of the Oaks since 1976, said although she appreciated the Town staff’s efforts, she was concerned that no methods to slow traffic were being proposed. Ms. Hurow urged the Council to implement the use of electronic devices and a greater level of traffic enforcement throughout the Town.
Valerie Broadwell said that she had fairness concerns related to the proposed requirement that sixty percent of residents within an “area of influence” needed to request traffic management measures. Ms. Broadwell suggested that Town staff consider an alternative point system which took into consideration quality of life and safety indicators. Ms. Broadwell also stated that more than $20,000 was needed in the Town budget for traffic calming measures. Ms. Broadwell concluded her remarks by stating that the process flow chart proposed by Town staff was very confusing.
John Anderson urged the Council to implement traffic management objectives which would protect neighborhoods in the Town. He also expressed concurrence with Ms. Broadwell’s
concerns regarding signature collection requirements within areas of influence.
Paula Davis expressed concern that the plan proposed by Town staff appeared to be geared toward neighborhood areas rather than individual streets. Ms. Davis said that a pilot study using speed bumps on two streets had resulted in an average vehicle speed reduction of five miles per hour on these streets. She also urged the Council not to place an undue burden on persons interested in traffic calming devices.
Ruth Timmermann said that having a sixty percent signature requirement would be tantamount to having no traffic calming. She urged the Council not to give up its responsibility for making decisions regarding traffic calming and traffic management.
Baird Grimson, President of the Westside Neighborhood Association, thanked the Council for approving the installation of a four-way stop sign at Ransom and McCauley Streets.
Eric Plow said that Ransom and McCauley streets were obvious through streets which did not necessitate having stop signs. Mr. Plow urged the Council to take steps to get traffic moving smoothly, rather than taking steps to slow down motorists and vehicles. He also suggested that
use police patrols to more vigorously enforce existing speed limits along the Town’s streets.
Don Stanford, a resident of Mallette Street, expressed concern that street and traffic conditions in the Town were no better than ten years ago. Mr. Stanford said that the practical effect of the staff’s proposal would be to place the burden on persons experiencing problems, rather than on the parties causing the problem. He requested that the Council take the necessary steps to provide some relief to neighborhood residents.
Council Member McClintock said that many citizens had obviously put a lot of thought into this matter and had made some good suggestions. She stated that having a point system incorporating quality of life factors was a good idea. Council Member McClintock also urged the Council to have a signature requirement of less than two-thirds of area residents.
Council Member Capowski inquired why staff was not recommending traffic calming on Town streets with traffic volumes of more than 3.000 vehicles per day. Mr. Small said that it was his professional judgment that 3,000 vehicles per day was a good guideline for differentiating appropriate streets for traffic calming programs.
Council Member Brown said that the proposed traffic management process suggested by Town staff was much too complicated. She suggested that the process be made simpler and more flexible.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER FOY, TO REFER THE MATTER AND CITIZEN AND COUNCIL COMMENTS TO THE TRANSPORTATION BOARD AND TOWN STAFF.
Council Member Pavao inquired when Town staff could prepare a follow-up report regarding traffic management. Mr. Small said it was possible that a follow-up report could be prepared prior to the Council’s last meeting before the summer break. Council Member Pavao noted that there was a very broad range of opinion in the community about how to handle traffic management concerns.
Council Member McClintock suggested that the Council provide Town staff with additional direction regarding traffic management. Mr. Horton said that staff could develop some options for the Council’s consideration. Council Member McClintock suggested the possibility of the Council holding a work session regarding traffic management. Council Member Brown requested a report about the Town of Carrboro’s pilot traffic calming program, including information about the citizen participation process.
THE MOTION TO REFER WAS ADOPTED BY A VOTE OF 7-2, WITH COUNCIL MEMBERS MC CLINTOCK AND PAVAO VOTING NO.
A RESOLUTION DIRECTING THE TOWN MANAGER TO PREPARE A REVISED DRAFT OF
THE TOWN OF CHAPEL HILL “POLICY AND IMPLEMENTATION PROCESS FOR NEIGHBORHOOD
TRAFFIC MANAGEMENT” (98-5-11/R-1)
WHEREAS, the Council of the Town of Chapel Hill has received and reviewed a draft “Policy and Implementation Process for Neighborhood Traffic Management”; and
WHERAS, the Council has also received public comment regarding said draft; and
WHEREAS, it is the Council’s desire to adopt a policy and process for implementing traffic calming measures fairly, effectively, and consistently in the community;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council directs the Manager to consider comments received at the May 11, 1998 public forum and to prepare a revised draft of the “Policy and Implementation Process for Neighborhood Traffic Management” for the Council’s consideration at its June 8, 1998 meeting.
This the 11th day of May, 1998.
Item 3 Petitions
Alan Shephard, a resident of Patterson Place, requested the Council’s assistance in subsidizing the cost of providing OWASA sewer service to residents of Patterson Place.
COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER BATEMAN, TO RECEIVE AND REFER THE MATTER TO TOWN STAFF.
Council Member Capowski suggested that the petition also be referred to the Council’s Committee regarding sewer subsidies. The motioner and seconder concurred.
THE MOTION TO REFER WAS ADOPTED UNANIMOUSLY (9-0).
Laurence Hayes, representing the Caffé Driade, requested that the Council authorize the connection of an existing greenway trail to Whitehall Villa and the Caffé Driade. He also the Town’s assistance in resolving confusion about the parcel number of the 1/5th acre parcel of land which would connect the trail to the Whitehall Villa property.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO RECEIVE AND REFER BOTH OF MR. HAYES’ PETITIONS TO TOWN STAFF. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Publicly announcing her marriage on May 9 to John Morris, Council Member McClintock also noted that she had legally changed her surname from Andresen to McClintock.
Item 4.1 Consent Agenda
Council Member Capowski requested the removal of item d from the consent agenda for discussion. Council Member Foy requested the removal of item b for discussion.
COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO ADOPT THE CONSENT AGENDA, EXCEPTING ITEMS B AND D. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION ADOPTING VARIOUS RESOLUTIONS
AND ORDINANCES
(98-5-11/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 March 2, 11, 18, 23, 24 and April 1, 2, and 20, 1998. |
|
b. |
Referral of letter from Orange County on Solid Waste (Mayor Waldorf) (R-2.1). |
|
c. |
Confirmation of assessment roll for street improvements on Lone Pine Road (R-3). |
|
d. |
Proposal to locate a cellular telephone transmission tower at Cedar Falls Park (R-4). |
|
e. |
Proposed parking regulations for Village Drive (O-1). |
This the 11th day of May, 1998.
A
RESOLUTION CONFIRMING THE ASSESSMENT ROLL FOR IMPROVEMENTS ON LONE PINE ROAD
(98-5-11/R-3)
BE IT RESOLVED by
Council of the Town of Chapel Hill that the Council hereby confirms the
following as the final assessment roll for improvements on Lone Pine Road in
accord with North Carolina General Statute 160A-228:
|
TAX
MAP AND
LOT |
NAME
AND ADDRESS |
FRONT FOOTAGE |
ASSESSMENT |
|
7.75.A.1 |
Robert Korstad 333 Tenney Circle Chapel Hill, NC 27514 |
156’ |
$1,329.59 |
|
7.75.B.1 |
John Allen Cates P.O. Box 1331 Chapel Hill, NC 27514 |
147’ |
1,252.89 |
|
7.79.A.1 |
Rebecca G. Goz 308 Lone Pine Road Chapel Hill, NC 27514 |
73’ |
622.18 |
|
7.79.A.2 |
Emory S. Hunt, Jr. 304 Lone Pine Road Chapel Hill, NC 27514 |
102’ |
869.35 |
|
7.79.A.3 |
Sara Courts McClure 7446 U.S. 29 Business Reidsville, NC 27320 |
192’ |
1,636.42 |
|
7.79.B.3B |
Ann W. Cates 329 Tenney Circle Chapel Hill, NC 27514 |
363’ |
3,093.86 |
|
|
Tenney Circle Intersection Town of Chapel Hill |
10’ |
85.23 |
|
|
TOWN OF CHAPEL HILL - 50% SHARE............................... $8,889.51 TOTAL........................ $17,779.02 |
||
NOTE: The
assessment amounts were calculated using a cost of $8.5230 per linear foot
This the 11th day of May, 1998.
AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES.
(98-5-11/O-1)
BE IT ORDAINED by the Council of the Town of Chapel Hill:
SECTION I
That section 21-27 of the Town code of Ordinances, “No parking as to particular streets.” is amended by inserting the following therein, in appropriate alphabetical order:
STREET SIDE FROM TO
Village Drive East Estes Drive A point 50 feet east of
the centerline of
Jay Street
Village Drive South Umstead Drive A point 80 feet west of
the centerline of
Jay Street
SECTION II
This ordinance shall become effective June 1, 1998.
SECTION III
All ordinances and portions of ordinances in conflict herein are hereby repealed.
This the 11th day of May, 1998.
Item 4.2 Information Reports
No items were removed for discussion.
Item 5 Boards and Commissions
Mayor Waldorf noted that applications were still being sought for the Booker Creek Linear Park Advisory Committee, Historic District Commission, Transportation Board and a number of other Town advisory boards and commissions. She noted that application forms and additional information could be obtained from the Town Clerks’ Office.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO NOMINATE ALL APPLICANTS FOR FUTURE APPOINTMENT CONSIDERATION TO THE BOOKER CREEK LINEAR PARK ADVISORY COMMITTEE, HISTORIC DISTRICT COMMISSION AND TRANSPORTATION BOARD. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Appointments to OWASA
Board and Planning Board
Noting that two additional applications for OWASA Board membership had been received last Friday, Council Member McClintock suggested that defer making appointments to the OWASA Board this evening. There was Council concurrence that the Council Committee on OWASA matters would interview the two recent applicants.
APPOINTEES TO THE PLANNING BOARD WERE NANCY GABRIEL, MADELINE JEFFERSON, BOB REDA AND BRUCE RUNBERG. ORIGINAL VOTING BALLOTS ARE ON FILE IN THE TOWN CLERK’S OFFICE.
Item 7a Annexation of Area Number One
Planning Director Roger Waldon presented a brief overview of the proposed annexation area.
Carney Jo Clark expressed concern about the expense of installing 1700 to 1800 feet of sewer line to provide sewer service to his property. Council Member Capowski noted that the estimated costs for the provision of sewer service were quite substantial. Mr. Waldon noted that some neighborhoods within Town limits had received Town subsidies for sewer service connections. Council Member McClintock asked whether projected sewer service costs were higher because of the need for a pump station. Stating that the pump station alternative was most cost effective, Mr. Clark said that the projected cost of $10 per foot for sewer service pipeline was not reasonable.
Laura Fleck, 2030 Link Road, expressed concern that only forty percent of the roads in the Homestead Village development had been completed. Ms. Fleck also expressed concern about the amount of the estimated property tax increase associated with the proposed annexation.
Scott Hinson, 2115 Homestead Road, requested that properties along the Homestead Road corridor be excluded from the proposed annexation. Mr. Hinson inquired whether or not fire protection services to the annexation area would be provided on a contract basis. Mr. Horton said that Town fire equipment would respond, if the areas were annexed. Mr. Hinson asked that the Council consider the wishes of citizens who did not want to be annexed into Town limits.
William Wood, 2217 Homestead Road, asked the Council to consider adoption of Option B, rather than Option A. Noting that he had recently had his land resurveyed and reappraised, Mr. Rose said he would sell his property if annexation occurred.
Council Member McClintock said that the Town Attorney and Planning Director had stated that the Council had ninety days to keep the annexation schedule on its present course. She suggested that the Council not vote on the possible annexation this evening in order to allow for a joint meeting of the Orange County Board of Commissioners with the Council. Council Member McClintock suggested that the Council proceed with Option F, with a special meeting being held before May 20th. She inquired whether or not hearing readvertising was necessary if the Council chose not to proceed with annexation this evening. Noting that there was no requirement to readvertise, Mr. Karpinos said that the Council had ninety days after the public hearing to act on a proposed annexation and an additional 45 to 400 days for the annexation to become effective. Mayor Waldorf expressed concern that having an annexation effective date of December 30th was somewhat problematic. Council Member McClintock asked whether Mayor Waldorf was proposing an effective date of sooner than December 30th. Mayor Waldorf said she had a proposal for Council consideration.
Council Member Brown suggested the possibility of only considering annexation of the Horace Williams tract. Mayor Waldorf said that this could potentially undermine the development proposal.
Mayor Waldorf said that she had been working with University officials and the Chair of the Orange County Board of Commissioners over the last few days regarding possible annexation of the Horace Williams tract. Mayor Waldorf said that the principal concern of the County Commissioners related to the University’s proposed land use plan for the Horace Williams tract. Mayor Waldorf said she would ask Chancellor Hooker to include specific representation from the Town of Carrboro, Orange County, the Chapel Hill-Carrboro School Board and the Town as consideration of the University’s land-use plan went forward. Mayor Waldorf said she thought that annexation of the University property should move ahead as soon as possible.
Council Member Capowski said he did not understand the linkage between the proposed annexation and the University’s land-use planning process. Council Member Capowski also said that he did not see any reason to delay consideration of the proposed annexation. Council Member McClintock said she was proposing a delay in response to the Orange County Board of Commissioners request to hold off on the proposed annexation. Mayor Waldorf said that Commission Chair Margaret Brown did not feel the need for a joint Commissioners/Council meeting on the matter at this time.
Council Member Foy requested additional information regarding Mayor’s earlier reference to “specific representation”. Mayor Waldorf said she was suggesting that the University give the Town of Carrboro, Orange County, Chapel Hill-Carrboro School Board and the Town the opportunity to actively participate in the University’s planning processes for the Horace Williams tract. Council Member Capowski said he believed that there would be many opportunities for public input throughout the planning process. Council Member Foy asked whether Mayor Waldorf was proposing that the Town get a formal commitment from the University subsequent to annexation. Mayor Waldorf said this was correct. Council Member Andresen suggested that the Council adopt a resolution to formalize this proposed course of action.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT ORDINANCE 2A.
COUNCIL MEMBER BROWN MOVED, SECONDED BY MC CLINTOCK, TO OFFER OPTION E AS A SUBSTITUTE MOTION. THE MOTION TO SUBSTITUTE FAILED BY A VOTE OF 3-6, WITH COUNCIL MEMBERS BROWN, FOY AND MC CLINTOCK VOTING YES.
THE MAIN MOTION, ORDINANCE 2A, WAS ADOPTED BY A VOTE OF 6-3, WITH COUNCIL MEMBERS BROWN, FOY AND MC CLINTOCK VOTING NO.
AN ORDINANCE TO EXTEND THE CORPORATE LIMITS
OF THE TOWN OF CHAPEL HILL, UNDER THE AUTHORITY GRANTED BY PART 3, ARTICLE 4A,
CHAPTER 160A OF THE GENERAL STATUTES OF NORTH CAROLINA
(98-5-11/O-2a)
WHEREAS, all of the prerequisites to adoption of this ordinance prescribed in Part 3, Article 4A, Chapter 160A of the General Statutes of North Carolina, have been met; and
WHEREAS, the Council of the Town of Chapel Hill has taken into full consideration the statements presented at the public hearing held on the 20th day of April, 1998, on the question of this annexation; and
WHEREAS, the Council of the Town of Chapel Hill has concluded and hereby declares that annexation of the area described herein is necessary to the orderly growth and development of the Town of Chapel Hill;
NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
SECTION I
From and after 11:59 p.m. on the 30th day of June, 1998, the effective date of this annexation, the following territory shall be annexed to and become a part of the Town of Chapel Hill, and the corporate limits of the Town of Chapel Hill shall on said 30th day of June, 1998, be extended to include said territory more particularly described as follows:
Annexation Area 1. The Homestead Village subdivision, several individual lots along the south side of Homestead Road, several individual lots on Link Road, and the Unity Center of Peace Church. This area also includes the northern portion of the Horace Williams property, a portion of the State University Rail Line, and an individual lot at the southeastern intersection of Seawell School Road and the Rail Line. This area is described as:
All that certain tract or parcel of land lying, situated and being in Chapel Hill Township, Orange County, North Carolina, being more particularly described as follows:
BEGINNING at a point on the northern right-of-way line of Homestead Road; said point also being on the existing Chapel Hill corporate limit line northeast of the centerline of the intersection of Seawell School Road and Homestead Road. Thence from said point of beginning on the northern right-of-way of Homestead Road, leaving the existing Chapel Hill corporate limit line and proceeding eastward along said right-of-way to a point on the southwestern corner of Lot 13, Tax Map 24. Said point also being on the existing Chapel Hill corporate limit line as described in annexation documents dated May 14, 1979. Thence proceeding along the existing Chapel Hill corporate limit line southward across the
right-of-way of Homestead Road and following the western boundary of Lot 42, Tax Map 24 to the southwest corner of said Lot 42, this point also being on the northern property line of Lot 1B, Tax Map 29 known as the Horace Williams Tract; thence proceeding along the southern boundary of said Lot 42 and the northern boundary of the Horace Williams Tract to a point on the western boundary of Lot 41G, Tax Map 24; thence following the existing Chapel Hill corporate limit line southward along the western property line of said Lot 41G with the Horace Williams Tract to the western property line of Lot 38A, Tax Map 24; thence proceeding westward, then southward and eastward along the existing Chapel Hill corporate limit line following the eastern property line of the Horace Williams Tract (Lot 1B, Tax Map 29) to a point one foot west of the right-of-way of Airport Road; thence continuing to follow the existing Chapel Hill corporate limits line as it proceeds one foot west and parallel to Airport Road in a southeastward direction for 1000 feet to a point; thence westward along the existing Chapel Hill corporate limit line to a point on the northern property line of Lot 1A, Tax Map 29, said Lot also being known as the Horace Williams Airport. Thence following the northern boundary of said Lot 1A and the corporate limit line in an irregular westward direction the following distances: 1,556 feet; 1,160 feet; 2,318 feet; 764 feet; 2,771 feet to a point on the northern right-of-way line of Seawell School Road; thence crossing said road to its southern right-of-way line and proceeding westward along it, following the existing Chapel Hill corporate limit line to northeastern corner of Lot 4, Tax Map 30. Thence following the existing corporate limit line and the eastern property line of said Lot 4 in a southern direction to its intersection with the centerline of the Southern Railway; said point being on the existing Chapel Hill/Carrboro corporate limit line as established on May 14, 1979. Leaving the existing corporate limit line as illustrated on Tax Map 30L just west of Lots 5 and 6, and thence proceeding northward with the centerline of the Southern Railway right-of-way to a point on the southernmost property line of the Chapel Hill High School property (Tax Map 109, Lot 12); said point being on the existing Chapel Hill corporate limit line; thence proceeding with the existing Chapel Hill corporate limit line east and then northward to a point on the southern right-of-way line of Homestead Road; thence crossing said road right-of-way to a point on its northern right-of-way, said point being on the existing Chapel Hill corporate limit line and being the point of BEGINNING. This description is intended to annex all properties that are south of Homestead Road, and east of Chapel Hill High School, Seawell Elementary School, and the centerline of the Southern Railway right-of-way.
SECTION II
The Council of the Town of Chapel Hill does hereby specifically find and declare that the above described territory meets the requirements of G.S. 160A-48, in that:
1. The area is contiguous to the Town limits.
2. Over one-eighth (12.5%) of the aggregate external boundary of the area under consideration coincides with the existing Town limits. The boundary of the total area to be annexed has 30,734 linear feet, of which 18,601 feet abut the present Town primary corporate limits. Thus, 60.5% of the annexation area boundary is contiguous to the present Town primary corporate limits.
3. None of the area is within the boundary of an incorporated municipality.
4. The proposed new municipal boundaries resulting from this annexation generally follow streets and property lines.
5. The annexation area is composed of two areas, one of which meets the statutory requirements for urbanization in G.S. 160A-48(c)(2) and the other which meets the alternative statutory requirement in G.S. 160A-48(d)(2) of contiguity with the Town and an urban area:
Area 1a: With a population density of 1.29 persons/acre, with 98.2% of the total acreage divided into lots five acres or less, and with 88.5% of the total number of lots one acre or less in size, Area 1a qualifies for annexation as an area developed for urban purposes under
G.S. 160A-48(c)(2).
Area 1b: With 78.5% of the total external boundary of Area 1b being adjacent to a combination of the Town’s boundary and the boundary of areas developed for urban purposes, including Area 1a and the Town’s existing satellite corporate limits, Area 1b qualifies as part of the annexation area for annexation under G.S. 160A-48(d)(2).
SECTION III
It is the purpose and intent of the Town of Chapel Hill to provide services to the area being annexed under this ordinance, as set forth in the report of plans for services approved by the Council of the Town of Chapel Hill on the 2nd day of March, 1998, and filed in the office of the Clerk for public inspection.
Such services will include:
1. Refuse collection as described in said report.
2. Maintenance and repair of any publicly-maintained streets or streets that are built or improved to Town of Chapel Hill standards for acceptance into the Town-maintained street system, and other street maintenance services as described in the report.
3. Police protection including periodic patrols, crime prevention investigation of crimes, enforcement of ordinances and statutes and other police services as described in the report.
4. Fire protection, including suppression, preventive inspections, and code enforcement as described in the report.
5. Extension of water and sewer lines under financing policies of the Orange Water and Sewer Authority (OWASA) and the Town of Chapel Hill, as described in the report.
6. Parks and recreation, library, housing and construction code enforcement, zoning and planning, public transportation and other services as described more fully in the report.
SECTION IV
The Council of the Town of Chapel Hill does hereby specifically find and declare that public water trunk lines and sewer outfall lines are already extended into the annexation area, and no requests for water and sewer extensions in the annexation area have been received under
G.S. 160A-47, so that no additional extensions of water or sewer extensions will be necessary under G.S. 160A-47 on the effective date of annexation prescribed in Section I above. Property owners may have public water and sewer lines extended within the annexation area in accord with extension and financing policies of the Orange Water and Sewer Authority (OWASA) and the Town of Chapel Hill.
SECTION V
From and after the effective date of this annexation, the territory annexed and its citizens and property shall be subject to all debts, laws, ordinances and regulations in force in the Town of Chapel Hill, and shall be entitled to the same privileges and benefits as other parts of the Town of Chapel Hill.
SECTION VI
The newly annexed territory described hereinabove shall be subject to the Town of Chapel Hill taxes according to G.S. 160A-58.10.
SECTION VII
The Mayor of the Town of Chapel Hill shall cause an accurate map of the annexed territory described in Section I hereof, together with a duly certified copy of this ordinance, to be recorded in the Office of the Register of Deeds of Orange County, and in the Office of the Secretary of State in Raleigh. Such a map shall also be delivered to the Orange County Board of Elections as required by G.S. 163-288.1.
This is the
11th day of May, 1998.
COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 6. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION CALLING A PUBLIC HEARING ON
ZONING ANNEXATION
AREA 1 (98-5-11/R-6)
WHEREAS, the North Carolina General Assembly has set forth the State's policy that municipalities are created to provide the governmental services essential for sound urban development and for the protection of public health, safety and welfare; and
WHEREAS, the General Assembly has set forth the policy that municipal boundaries should be extended to include new urban development; and
WHEREAS, the Town of Chapel Hill's general policy has been to annex areas when they qualify under State law and the Town can practically extend and finance municipal services to the qualifying areas; and
WHEREAS, the Town of Chapel Hill has adopted an ordinance on May 11, 1998, to effectively annex Area 1 (Homestead Village/Horace Williams Tract); and
WHEREAS, the Town of Chapel Hill does not have zoning for the portion of Annexation Area 1 which lies within the Town of Chapel Hill’s Joint Planning Area;
NOW, THEREFORE, BE IT RESOLVED, by the Council of the Town of Chapel Hill that the Council calls a Public Hearing to be held on Monday, June 15, 1998 at 7:00 p.m. in the Council Chamber of the Chapel Hill Town Hall, 306 N. Columbia Street, for the purpose of zoning Annexation Area 1 as Residential-2 (R-2), or an appropriate related zoning category.
This the 11th day of May, 1998.
Mayor Waldorf suggested that Council Member McClintock draft a resolution regarding a more formal process for including local voices in the University’s future planning efforts. Council Member McClintock said that she would bring such a resolution before the Council in the near future.
Item 7b Annexation of Area 2
Mr. Waldon said that staff recommended the adoption of Ordinance 3.
COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER BATEMAN, TO ADOPT ORDINANCE 3.
Mayor Waldorf inquired whether there were any citizens or Council comments regarding this proposed annexation. There were no citizen or Council comments.
ORDINANCE 3 WAS ADOPTED UNANIMOUSLY (9-0).
AN ORDINANCE TO EXTEND THE CORPORATE LIMITS
OF THE TOWN OF CHAPEL HILL, UNDER THE AUTHORITY GRANTED BY PART 3, ARTICLE 4A,
CHAPTER 160A OF THE GENERAL STATUTES OF NORTH CAROLINA
(98-5-11/O-3)
WHEREAS, all of the prerequisites to adoption of this ordinance prescribed in Part 3, Article 4A, Chapter 160A of the General Statutes of North Carolina, have been met; and
WHEREAS, the Council of the Town of Chapel Hill has taken into full consideration the statements presented at the public hearing held on the 20th day of April, 1998, on the question of this annexation; and
WHEREAS, the Council of the Town of Chapel Hill has concluded and hereby declares that annexation of the area described herein is necessary to the orderly growth and development of the Town of Chapel Hill;
NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
SECTION I
From and after 11:59 p.m. on the 30th day of June, 1998, the effective date of this annexation, the following territory shall be annexed to and become a part of the Town of Chapel Hill, and the corporate limits of the Town of Chapel Hill shall on said 30th day of June, 1998, be extended to include said territory more particularly described as follows:
· Annexation Area 2. Nine lots that are in Durham County. These lots are on Chapel Hill's side of the 1986 Durham/Chapel Hill Consent Judgment Annexation Boundary Line, as amended August 19, 1994. These lots are further described as:
All that certain tract or parcel of land lying, situated and being in Triangle Township, Durham County, North Carolina, being more particularly described as follows:
BEGINNING at a point, the southeastern corner of Lot 12, Block A, Oaks III Subdivision recorded in Plat Book 117, Page 116, Durham County Registry; running thence with the northern line of Block B, Oaks III Subdivision North 88°03’31” East 457.4 feet to the northeast corner of Lot 16, Block A, Oaks III recorded in Plat Book 115, Page 147, Durham County Registry; thence running with the eastern line of Lot 16, Block A, Oaks III along a curve to the left having a radius of 2172.73 feet, a chord bearing and distance of South 05°59’28” East 306.02 feet and an arc distance of 306.28 feet to a point on the eastern line of Lot 1, Block B, Oaks III according to Plat Book 115, Page 147, Durham County Registry; thence with the eastern line of Lot 1, South 10°01’45” East 103.77 feet to the northeastern corner of Lot 3, Block B, Oaks III Subdivision; thence along a curve to the right having a radius of 1790.75 feet, a chord bearing and distance of South 05°22’14” East 290.89 feet and an arc distance of 291.21 feet to a point on the eastern line of Lot 4, Block B, Oaks III Subdivision; thence South 00°42’43” East 46.48 feet to a point, the southeastern corner of Lot 4, Block B, Oaks III, also being the southwest corner of Lot 1A, Block 2, Durham County Tax Map 479A; thence with the southern line of a 29 acre tract of land belonging to, now or formerly, David St. Pierre Dubose as shown on a plat entitled “Property of David St. Pierre Dubose” dated 11/08/57 by Credle Engineering Company and recorded in Book 37, Page 45, Durham County Registry, North 84°05’00” West 543.0 feet to a point, the southwestern corner of said tract; thence with the western line of aforementioned Dubose tract, North 05°00’00” East 714.0 feet to the Point and Place of BEGINNING containing 8.4 acres more or less, and being the western portion of the lands described as the property of David St. Pierre Dubose as recorded in Book 37, Page 45 of the Durham County Registry.
SECTION II
The Council of the Town of Chapel Hill does hereby specifically find and declare that the above described territory meets the requirements of G.S. 160A-48, in that:
1. The area is contiguous to the Town limits.
2. Over one-eighth (12.5%) of the aggregate external boundary of the area under consideration coincides with the existing Town limits. The boundary of the total area to be annexed has 2,476 linear feet, of which 1,273 feet abut the present Town primary corporate limits. Thus, 51.4% of the annexation area boundary is contiguous to the present Town primary corporate limits.
3. None of the area is within the boundary of an incorporated municipality.
4. The proposed new municipal boundaries resulting from this annexation generally follow streets and property lines.
5. With a population density of 1.13 persons/acre, with 100% of the total acreage divided into lots five acres or less, and with 100% of the total number of lots one acre or less in size, Area 2 qualifies for annexation as an area developed for urban purposes under G.S. 160A-48(c)(2).
SECTION III
It is the purpose and intent of the Town of Chapel Hill to provide services to the area being annexed under this ordinance, as set forth in the report of plans for services approved by the Council of the Town of Chapel Hill on the 2nd day of March, 1998, and filed in the office of the Clerk for public inspection.
Such services will include:
1. Refuse collection as described in said report.
2. Maintenance and repair of any publicly-maintained streets or streets that are built or improved to Town of Chapel Hill standards for acceptance into the Town-maintained street system, and other street maintenance services as described in the report.
3. Police protection including periodic patrols, crime prevention investigation of crimes, enforcement of ordinances and statutes and other police services as described in the report.
4. Fire protection, including suppression, preventive inspections, and code enforcement as described in the report.
5. Extension of water and sewer lines under financing policies of the Orange Water and Sewer Authority (OWASA) and the Town of Chapel Hill, as described in the report.
6. Parks and recreation, library, housing and construction code enforcement, zoning and planning, public transportation and other services as described more fully in the report.
SECTION IV
The Council of the Town of Chapel Hill does hereby specifically find and declare that public water trunk lines and sewer outfall lines are already extended into the annexation area, and no requests for water and sewer extensions in the annexation area have been received under G.S. 160A-47, so that no additional extensions of water or sewer extensions will be necessary under G.S. 160A-47 on the effective date of annexation as prescribed in Section I above. Property owners may have public water and sewer lines extended within the annexation area in accord with extension and financing policies of the Orange Water and Sewer Authority (OWASA) and the Town of Chapel Hill.
SECTION V
From and
after the effective date of this annexation, the territory annexed and its
citizens and property shall be subject to all debts, laws, ordinances and
regulations in force in the Town of Chapel Hill, and shall be entitled to the
same privileges and benefits as other parts of the Town of Chapel Hill.
SECTION VI
The newly annexed territory described hereinabove shall be subject to the Town of Chapel Hill taxes according to G.S. 160A-58.10.
SECTION VII
The Mayor of the Town of Chapel Hill shall cause an accurate map of the annexed territory described in Section I hereof, together with a duly certified copy of this ordinance, to be recorded in the Office of the Register of Deeds of Durham County, and in the Office of the Secretary of State in Raleigh. Such a map shall also be delivered to the Durham County Board of Elections as required by G.S. 163-288.1.
This the 11th day of May, 1998.
COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT RESOLUTION 7. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION CALLING A PUBLIC HEARING ON
ZONING ANNEXATION AREA 2: 9 LOTS IN
DURHAM COUNTY (98-5-11/R-7)
WHEREAS, the North Carolina General Assembly has set forth the State's policy that municipalities are created to provide the governmental services essential for sound urban development and for the protection of public health, safety and welfare; and
WHEREAS, the General Assembly has set forth the policy that municipal boundaries should be extended to include new urban development; and
WHEREAS, the Town of Chapel Hill's general policy has been to annex areas when they qualify under State law and the Town can practically extend and finance municipal services to the qualifying areas; and
WHEREAS, the Town of Chapel Hill has adopted an ordinance on May 11, 1998, to effectively annex Area 2 (9 Lots in Durham County); and
WHEREAS, the Town of Chapel Hill does not have zoning for Annexation Area 2;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council calls a Public Hearing to be held on Monday, June 15, 1998 at 7:00 p.m. in the Council Chamber of the Chapel Hill Town Hall, 306 N. Columbia Street, for the purpose of zoning Annexation Area 2 as Residential-1A (R-1A), and Residential-1 (R-1), or an appropriate related zoning category.
This the 11th day of May, 1998.
Item 8 Meadowmont Development Proposal
The verbatim transcription and adopted resolution regarding this matter are attached hereto and incorporated herein by reference.
The meeting stood adjourned at 11:47 p.m.