SUMMARY MINUTES OF A WORK SESSION OF THE MAYOR AND COUNCIL OF THE TOWN
OF CHAPEL HILL, NORTH CAROLINA, TUESDAY, MAY 26, 1998
AT 5:30 P.M.
Mayor Waldorf called the meeting to order at 5:32 p.m. Council Members in attendance were Flicka Bateman, Joyce Brown, Joe Capowski, Pat Evans, Kevin Foy, Julie McClintock, Lee Pavăo and Edith Wiggins. Also in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Planning Director Roger Waldon and Town Attorney Ralph Karpinos.
Work Session: Proposed Mixed-Use (MX 150) Development District
Mr. Waldon presented an overview regarding the options for development of a mixed-use (MX 150) development district. He noted that there would be individual development agreements for each precinct (small area) plan. Mr. Waldon noted that the planning and review process would include a capacity review of roadway and other pertinent types of infrastructure.
Council Member Evans asked whether or not all land in an application for this proposed new zoning designation had to be undeveloped. Mr. Waldon said that the current proposal did not directly address this matter. Council Member Evans inquired whether or not parcels of land covered by the proposed new zoning designation could be separated by a road or utility line. Mr. Waldon said this was correct.
Council Member McClintock inquired how environmentally sensitive areas would be protected. Mr. Waldon said that the Council could establish necessary appropriate protections for such areas.
Council Member Brown inquired about the definition of the term “cluster development” in the proposed zoning category. Mr. Waldon said the Council could adapt the meaning of this term as appropriate to the proposed zoning category. Council Member McClintock said she hoped that the University would not propose any development in the Resource Conservation District. Council Member Capowski noted that applicants would be required to build site models or provide a computer-generated equivalent for each of the proposed precinct (smaller area) plans. He added that the Council could reject proposed plans as part of the proposed development agreement.
Council Member Foy said that it would be helpful to have a sample project time line. Mr. Waldon said he would be pleased to prepare such a sample time line as a part of the staff’s follow-up report to the Council. Council Member Evans said that the type of notice being referenced in item e on page six was unclear. Mr. Waldon said this could be clarified in future drafts. Referencing Section 15.4.1, Mayor Waldorf asked whether it was correct that nothing could be approved without an approved general development plan. Mr. Waldon said this was correct.
Council Member Brown said it would be helpful to have specific language about the Council making specific findings about environmental protections. Council Member Brown inquired about what criteria would be used for determined estimated vehicle trip generation. Mr. Waldon said that possible criteria were outlined in item B4 on page eight. Mayor Waldorf noted that the Council could set use intensity limits. Mr. Waldon added that applicants would be required to prepare and submit information about road capacities and the estimated maximum number of vehicle trips. Council Member McClintock inquired which traffic-related standards would be applied. Mr. Waldon said it was up to the Council to determine acceptable traffic-related standards.
Council Member Capowski requested that the staff’s follow-up report for the public hearing contain information about a dozen or so local roads and their daily traffic volumes. Mr. Waldon said that staff would be pleased to provide this information.
Council Member Foy asked whether the reference on page ten to “cultural, historical and unique natural site features” was an attempt to narrow down matters. Mr. Waldon said this was correct. Mr. Horton said that the word “unique” could be struck if the Council wished to do so. Mayor Waldorf inquired whether or not the general development agreement also afforded protection for hardwood forests. Mr. Waldon said this was correct. Council Member Brown inquired whether or not it was correct that the general development plan had to meet the Council’s wishes. Mr. Horton said this was correct. Council Member Brown inquired what would happen in the event that development negotiations were not successful. Mr. Horton said that the existing zoning designations would remain in place.
Referencing Section 8d on page 10, Council Member Foy inquired whether or not this section was referring to the level on which items were negotiated. Mr. Waldon said this was correct, noting that the general development plan was purely conceptual in nature. Council Member Brown asked whether or not planning principles would be limited to those specifically outlined in the draft agreement. Mr. Waldon said that additional planning principles could be added if the Council wished to do so. Council Member Capowski requested that there be better references to the term “surrounding properties” in the draft document.
Council Member Foy inquired about the reference point for the term “range of housing opportunities” on page eleven. Mr. Waldon said that there was a wide range of committee opinion about the meaning of this term. Council Member McClintock inquired how the proposed time frame of twenty-five years had been determined. Mr. Waldon said that this was a point of considerable discussion which had been soundly debated by the committee. Council Member Capowski said that there needed to be a lot of front end work and discussion as part of the planning process. Referencing Section 15.4.5 of the agreement, Mayor Waldorf suggested adding the words “and procedures for amendment”, if it were legally permissible to do so. Council Member Capowski noted that the committee had had long discussions about amendments to the development agreement. Stating that twenty-five years was a long time period, Council Member McClintock said she concurred with the proposed amendment suggested by Mayor Waldorf. Mr. Waldon said that the fundamental and key issue was locking into a long-term agreement. Council Member Foy inquired about the possibility of having a shorter time period. Council Member Capowski said that the timeframe could be adjusted in accordance with the Council’s wishes. Mr. Karpinos noted that the proposed enabling legislation specified that the agreement was not to exceed twenty-five years.
Council Member McClintock asked why traffic and safety matters were not addressed in the precinct development plans. Council Member Capowski said that these matters were addressed in the fourth paragraph on page fourteen of the agreement. Council Member McClintock said she did not think that this proposed language was sufficient to cover concerns about property values. She also expressed concern that there did not appear to be any opportunity for Council discretion in some sections of the proposed development agreement. Mr. Waldon said that the Council had maximum discretion at the precinct plan stage of the process.
Mayor Waldorf suggested that the Council schedule another work session, possibly for an hour before a future Council meeting, to continue discussions about the proposed new zoning district.
The work session concluded at 6:58 p.m.
SUMMARY OF A REGULAR BUSINESS MEETING OF THE MAYOR AND COUNCIL OF THE
TOWN OF CHAPEL HILL, NORTH CAROLINA, TUESDAY, MAY 26, 1998 AT 7:00 P.M.
Mayor Waldorf called the meeting to order at 7:04 p.m. Council Members in attendance were Flicka Bateman, Joyce Brown, Joe Capowski, Pat Evans, Kevin Foy, Julie McClintock, Lee Pavăo and Edith Wiggins. Also in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Assistant to the Manager Ruffin Hall, Planning Director Roger Waldon, Town Clerk Peter Richardson and Town Attorney Ralph Karpinos.
Item 1 Ceremonies
Mayor Waldorf and the Council recognized and congratulated Firefighter John White upon his recent receipt of a Statewide training aid innovation award.
Mayor Waldorf and the Council also recognized and congratulated Chelsea Alston of the Inspections Department for her participation in the Town’s apprenticeship program.
Item 3 Petitions
Jeff Davidson requested that the Council take the necessary steps to reduce the incidence of defecation and urination by dogs on private properties throughout the Town.
COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, TO REFER MR. DAVIDSON’S PETITION TO TOWN STAFF FOR A FOLLOW-UP REPORT. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Referencing the item regarding potential rezoning in the downtown area, Betsy Pringle said that it was completely illogical to have interim zoning for R-1 districts. Ms. Pringle also said that residents of the Town’s historic districts and the Northside Conservation District should have the opportunity to have a strong voice throughout the process.
Dale Reed, a resident of Mallette Street, requested that the Council seek long-term solutions to address the concerns of historic district residents. Council Member McClintock presented a detailed petition outlining concerns about development-related traffic impacts, including the use of traffic management and modeling procedures. A copy of Council Member McClintock’s petition is on file in the Town Clerk’s Office.
COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER FOY, TO REFER THE PETITION TO TOWN STAFF FOR A FOLLOW-UP REPORT. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Council Member Bateman requested Town staff’s assistance in addressing pothole-related concerns in the Dixie/Stateside neighborhood.
COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER McCLINTOCK, TO RECEIVE AND REFER THE PETITION FOR A FOLLOW-UP REPORT. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Noting that the Council Committee on OWASA matters had not been able to interview applicants Erwin Danziger and Fred Schroeder, Council Member McClintock suggested that the Council defer these appointments until the June 8th meeting.
Mayor Waldorf requested that Council Members forward suggested topics for the June 1st budget work session to her by Thursday, May 28th at 12:00 Noon.
Item 4.1a Consent Agenda
Council Member Foy requested the removal of item f for discussion.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO ADOPT RESOLUTION 1, EXCEPTING ITEM F. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION ADOPTING VARIOUS RESOLUTIONS
AND ORDINANCES
(98-5-26/R-1)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the following resolutions and ordinances as submitted by the Town Manager in regard to the following:
|
a. |
Report on Project Turn Around in Chatham County (R-2). |
|
b. |
Draft 2025 Regional Transportation Plan Goals and Objectives (R-3). |
|
c. |
Draft 2025 Regional Transportation Plan Housing and Employment Projections (R-4). |
|
d. |
Community Design Commission Terms (R-5). |
|
e. |
Authorization to use future 1996 open space bonds for the Lower Booker Creek Trail Phase II Project (R-6). |
|
f. |
Proposed Clean Water Trust Fund grant application (R-7), (Alternative R-8 available for consideration). |
|
g. |
Disposition of surplus property (R-9). |
This the 26th day of May, 1998.
A RESOLUTION AUTHORIZING THE MANAGER TO
DIRECT THE CHIEF OF POLICE TO COOPERATE WITH CHATHAM COUNTY MANAGER'S OFFICE IN
THE HIRING AND SUPERVISION OF A STAFF PERSON IN CHATHAM COUNTY TO IMPLEMENT AND
OPERATE PROJECT TURN AROUND IN THAT COUNTY
(98-5-26/R-2)
WHEREAS, Chapel Hill’s Project Turn Around, as directed by Bill Cozart, is recognized as an unusually effective program for the treatment of first time non-violent drug offenders; and
WHEREAS, Chatham County has received a State grant to operate a similar program; and
WHEREAS, because Judicial District 15B includes both Orange and Chatham Counties, Chapel Hill’s current program includes some participants who reside in Chatham County;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to direct the Chief of Police to cooperate with the Chatham County Manager's office in the hiring and supervision of a staff person in Chatham County to implement and operate Project Turn Around in that county.
BE IT FURTHER RESOLVED that such allocation of Chapel Hill resources is meant to be limited.
This the 26th day of May, 1998.
A RESOLUTION ENDORSING THE DRAFT 2025 DURHAM-CHAPEL HILL-CARRBORO URBAN
AREA REGIONAL TRANSPORTATION PLAN GOALS AND OBJECTIVES (98-5-26/R-3)
WHEREAS, the Durham-Chapel Hill-Carrboro Urban Area has begun the process of developing a 2025 Transportation Plan; and
WHEREAS, the Metropolitan Planning Organization has prepared draft Goals and Objectives as part of the development of the 2025 Transportation Plan; and
WHEREAS, the Transportation Advisory Committee has opened a 60 day public comment period on the draft Goals and Objectives;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council endorses the draft 2025 Goals and Objectives with the following recommendations:
· The draft Goals and Objectives be revised to eliminate conflicting statements and to ensure overall consistency
· Quantitative measures should be added as objectives under each of the subject areas. These quantitative objectives would serve as benchmarks against which progress in achieving the overall goals could be assessed. They should be based on an assessment of current conditions and should be realistically achievable within the timeframe of the Regional Plan.
· An additional objective be added to 2. Highway Systems, emphasizing the need to maintain the existing system.
· An additional objective be added to 1. Overall Transportation System: “develop and maintain a regional transportation model that accurately reflects travel behavior and incorporates all modes of travel and incorporates innovative techniques for reflecting the impacts of new transportation investment on travel behavior and land use patterns”.
· An additional objective be added to 4. Pedestrian and Bicycle Systems: “promote the construction of bicycle and pedestrian facilities that will encourage greater use of these modes by the public”.
· Additional objectives be added to certain goals, such as 6. Protection of Natural Environment and Social Systems and 7. Public Involvement and to create a better balance between all the goals.
BE IT FURTHER RESOLVED that a summary of all comments received be forwarded to the Transportation Advisory Committee for their consideration.
This the 26th day of May, 1998.
A RESOLUTION RECEIVING THE DRAFT 2025 DURHAM-CHAPEL HILL-CARRBORO URBAN
AREA REGIONAL TRANSPORTATION PLAN POPULATION AND EMPLOYMENT PROJECTIONS AND
CALLING A PUBLIC FORUM FOR JUNE 22, 1998 (98-5-26/R-4)
WHEREAS, the Durham-Chapel Hill-Carrboro Urban Area must prepare a 2025 Regional Transportation Plan; and
WHEREAS, the draft Transportation Advisory Committee has prepared 2025 Housing and Employment projections; and
WHEREAS, the Transportation Advisory Committee has opened a 60 day public comment period on these draft Projections;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council receives the draft 2025 Goals and Objectives and calls a public forum for June 22, 1998 at 7:00 p.m. in the Council Chambers, 306 N. Columbia Street, to receive comments from interested citizens.
BE IT FURTHER RESOLVED that this item is referred to the Town’s Transportation Board and Planning Board for review and comment.
This the 26th day of May, 1998.
A RESOLUTION
ESTABLISHING THE LENGTH OF INDIVIDUAL MEMBER TERMS FOR THE COMMUNITY DESIGN
COMMISSION (98-5-26/R-5)
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 hereby establishes the length of membership terms for the Community Design Commission to be:
Dianne Bachman term expires: June 30, 2001
Michael Brown term expires: June 30, 2001
Terry Eason term expires: June 30, 2000
Bruce Guild term expires: June 30, 2000
Sarah Haskett term expires: June 30, 2001
Alice Ingram term expires: June 30, 2000
Steve Manton term expires: June 30, 2001
Weezie Oldenberg term expires: June 30, 2000
Martin Rody term expires: June 30, 2000
Polly Van de Velde term expires: June 30, 2001
This the 26th day of May, 1998.
A RESOLUTION AUTHORIZING THE MANAGER TO EXPEND UP TO $50,000 FROM AN
ANTICIPATED 1996 OPEN SPACE BOND SALE FOR LAND AND EASEMENT ACQUISITIONS FOR
THE LOWER BOOKER CREEK TRAIL, PHASE II PROJECT (98-5-26/R-6)
WHEREAS, the Council has authorized the Manager to begin negotiations for land acquisition for Phase II of the Lower Booker Creek Trail project; and
WHEREAS, the project will require additional property and easements; and
WHEREAS, in 1996 the citizens of Chapel Hill approved a $3,000,000 bond order for the purchase of greenways and open space; and
WHEREAS, all funds from the sale of bonds in 1998 have been allocated; and
WHEREAS, the next bond sale scheduled by the Council is not scheduled to occur until the year 2000;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to expend up to $50,000 in funds for land and easement acquisition prior to the Council’s next scheduled sale of greenways and open space bonds.
This the 26th day of May, 1998.
A RESOLUTION DECLARING 331 ITEMS OF PERSONAL PROPERTY TO BE SURPLUS AND
AUTHORIZING AND DIRECTING THE DISPOSAL OF SAID PROPERTY IN ACCORDANCE WITH
STATUTORY REQUIREMENTS (98-5-26/R-9)
WHEREAS, Article 23 of N.C. General Statute 160A and Section 4.16 of the Charter of the Town of Chapel Hill authorizes the Town to dispose of surplus property; and
WHEREAS, the Town desires to dispose of certain items of personal property;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the following items of personal property are hereby declared surplus:
QUANTITY ITEM
VEHICLES
(1) Plymouth 4S
(1) GMC Garbage Truck
(1) Plymouth
(1) Ford 4S
(1) White Garbage Truck
(1) Chevrolet 4S
(1) Ford 4S
(1) Volkswagen 4S
(1) Chevrolet 4S
(1) Chevrolet TK
(1) Chevrolet Wagon
(1) Ford 4S
(1) Crane Garbage Truck
(1) Chevrolet 4S
(1) Ford Taurus Wagon
(1) Ford TK
HEAVY EQUIPMENT
(1) Hydraulic Press
(1) Snow Plow
(1) Mortar Mixer
(2) Tailgate Spreaders
(1) Sled Tamp
(1) Foot Tamp
(1) Pressure Washer
(1) Scrub/Vacuum
(3) Riding Mowers
(5) Push Mowers (assorted)
MISCELLANEOUS ITEMS
(3) pallets of auto parts
(1) tool box
(1) scrap fence
(1) Water Buffalo
(1) scrap metal
(1) 100 ft of 100 pair telephone wire
(1) 4 inch irrigation
(1) large work table
(4) lockers (orange in color)
(1) pallet of misc shop items
(1) 10 ton floor jack
(1) barrel dolly and stand
(1) pallet of misc electronic items
(1) pallet of new bus parts
(1) information display stand
(1) small sofa
(2) coffee makers
(1) Burnisher
(1) 2 piece animal cage
(1) pool blanket
(1) fire hose
(1) couch
(1) chair
(8) bags of uniforms
(4) boxes of uniforms
(1) smokeless ashtray
(8) light fixtures (300, 500 watts bulbs)
(18) chairs
(1) shelf unit (wood)
(2) metal frames
(1) Trotter Treadmill
(2) space heaters
(1) Oscillating Fan (no base)
(1) Pollenex Air Purifier
(1) Latham Time Clock
(1) Cincinnati Time Clock
(32) 3 inch Three Ring Binders
(1) box of ceiling paint
(1) roll of carpet remnant
(1) bag of repair mortar
OFFICE FURNITURE AND EQUIPMENT
(2) small desks
(2) file trays
(1) Easel
(3) boxes file cards
(2) calculators
(1) Xerox Copier
(1) Brown desk chair
(2) desk chairs
(1) chair - straight back
(1) chair roller
(73) stacking chairs (yellow)
(1) foot pedal for Lanier Tape Recorder
(1) TDDY Phone System Model #SN10129
(1) TDDY Phone System Model #SN30249
(1) computer cabinet
(1) computer keyboard tray
(1) Heyer Paper Folder
(1) calculator - Hewlett Packard
(1) copier machine - Panasonic
(10) 4x8 folding tables
(1) miscellaneous office supplies
(1) Sharpe Adding Machine
(1) sliding cash drawer
(1) Hewlett Packard Draft Pro DXL
(1) Federal APD Ticket Dispenser
(1) Amano Fee Computer w/ticket validator & cash drawer
COMPUTERS AND ACCESSORIES
(1) Teleglobe Modem w/cables
(1) Bocafax Fax Modem w/cables
(1) DEST PC Scan 1000 unit
(1) DCB Modem Model #PL9.6
PRINTERS
(2) TC Whisper
(1) Hewlett Packard C2106A
(2) IBMGXS 240 Citizen
(1) Tandy Dot Matrix
(1) Fujitsu BX24000
(1) (1) IBM Printer/Copier
(1) (1) Epson Printer
(1) (1) Okidata Microline Printer
(1) (1) IBM Printer
(1)
(1) MONITORS
(1)
(1) (2) Monochron VGA
(1) (1) Tandy VGA
(1) (3) IBM Model #8513001
(1) (1) IBM Model #4863
(1) (2) Gateway Model # PMV1448NI
(1) (1) Socos Model #DCM1458E
(1) (1) WYSE
(1) (1) Compaq Model #420T
(1) (1) ARCUS Model #DM-14T
(1) (1) Digital Model #VT51082
(1) (1) CTX Model #CVP5468A
(1) (1) Tandy Model #25-1024B
(1) (1) Amdek
(1) (1) Compaq Model Unknown
(1)
(1)
KEYBOARDS
(2) keyboards
(4) Gateway 2000
(4) IBM
(1) Tandy
(1) Epson Model #Q503A
(1) Viewpoint/ADDS Model #521-001015
(1) Maxi Touch
(1) Digital Model #PCXAL-GA
(1) keyboard unit model #KKRE99AC
(1) AST Model #ASTKB101
COMPUTERS
(2) 386 Computers (some components missing)
(1) IBM PS/2 386 w/keyboard
(1) IBM PS/2 286 w keyboard
(1) FCCITUSC
(2) Compact Portable Two
(1) Gateway
(1) Hyundai Model # Super 286C
(1) IBM Model #5160
(1) Tandy 1000DL Model #25-1601
(1) Epson Computer Equity II
(1) Congi 50K
(2) Congi 85K
(1) INFO TRAC
(1) IBM Computer PS/2 Type 8530
(1) IAC Unit Computer Floppy Disk Drive
(1) ZEO S 386SX Computer w/keyboard
(1) AST Computer w/monitor and keyboard
(2) Packard Bell Computer w/monitor and keyboard
BE IT FURTHER RESOLVED that the Purchasing Agent of the Town of Chapel Hill shall be and is hereby authorized to dispose of this surplus personal property in accordance with statutory requirements.
BE IT FURTHER RESOLVED that the public auction is to take place on Saturday, June 13, 1998, at 10:00a.m., at the Municipal Operations Facility, 1099 Airport Road.
BE IT FURTHER RESOLVED that prior to the public auction the Purchasing Agent is authorized to dispose of any of this personal property by sale, lease, exchange, sealed bid, or transfer to other governmental units in conformity with N.C. General Statutes 160A-274.
BE IT FURTHER RESOLVED that the terms of sale shall be to the highest bidder for cash or other form of cash equivalent acceptable to the Purchasing Agent. All sales shall be designated final on the day of the auction.
BE IT FURTHER RESOLVED that all items shall be sold on an “as is” and “where is” basis and the Town makes no guarantee of and assumes no responsibility for any of the items.
BE IT FURTHER RESOLVED that it shall be condition of sale that all items purchased shall be picked up and removed from the premises of the Municipal Operations Facility by 3:00p.m. on the day of the auction. Successful bidders shall bear the sole risk for loss of any items remaining on said premises past the designated time.
BE IT FURTHER RESOLVED that if any surplus property is not sold at the public auction, or sold, leased, exchanged or transferred to governmental agency, the Purchasing Agent is hereby authorized to sell said surplus property by private negotiated sale in conformity with N.C. General Statute 160A-267.
This the 26th day of May, 1998.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO ADOPT ORDINANCE 1. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
AN ORDINANCE AMENDING
THE POSITION CLASSIFICATION AND PAY PLAN DATED OCTOBER 1, 1997 (98-5-26/O-1)
BE IT ORDAINED by the Council of the Town of Chapel Hill as Follows:
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 (97-6-23/0-7)” as follows:
In Section III, grade 19 delete Housing Assistant.
In Section III grade 21 delete Housing Officer.
In Section IV, part C, in the Housing Department delete the line.
Full-Time Part-Time
No. Hrs. No. Hrs. Grade
No.
Housing Assistant 1 37.5 - - 19
In Section III, grade 19 add Housing Officer I.
In Section III grade 21 add Housing Officer II.
In Section III grade 21 add Resident Services Officer.
In Section IV, part C, in the Housing Department add the line.
Full-Time Part-Time
No. Hrs. No. Hrs. Grade
No.
Housing Officer I 1 37.5 - - 19
This the 26th day of May, 1998.
Item 6 Boards and Commissions
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO NOMINATE ALL APPLICANTS FOR FUTURE APPOINTMENT CONSIDERATION TO THE BOARD OF ADJUSTMENT, GREENWAYS COMMISSION AND PARKS AND RECREATION COMMISSION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO APPOINT ALL APPLICANTS TO THE BOOKER CREEK LINEAR PARK ADVISORY COMMITTEE. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
The Council unanimously concurred to defer appointments to the OWASA Board to the June 8th meeting.
Transportation Board applicants Stephen Carter, Susan Franklin Fulton, Elizabeth Kane and Fred Schroeder received five votes each, to fill the three vacant seats on the Transportation Board. Appointments to the Transportation Board were carried over to the Council’s June 8th meeting.
Item 7 Response to Shefte
Petition
Mr. Small presented an overview of Mr. Shefte’s petition to receive reimbursement for the installation of traffic signals along Fordham Boulevard.
COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER McCLINTOCK, TO ADOPT RESOLUTION A.
Mr. Shefte requested that the Council adopt Resolution B, providing him with a reimbursement of about $11,000. Mayor Waldorf inquired why Mr. Shefte had waited approximately one year to request reimbursement for his share of these traffic signal costs. Mr. Shefte said that his initial estimated share of $4,000 for the traffic signal represented a small percentage of the project’s cost.
Council Member Capowski said that the payment of $5,758 to Mr. Shefte was a fair compromise.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, TO MAKE A SUBSTITUTE MOTION TO ADOPT RESOLUTION B, REIMBURSING MR.SHEFTE IN THE AMOUNT OF APPROXIMATELY $11,000. THE MOTION TO SUBSTITUTE FAILED BY A VOTE OF 2-7, WITH COUNCIL MEMBERS EVANS AND WIGGINS VOTING YES.
RESOLUTION 11A PASSED BY A VOTE OF 7-2, WITH COUNCIL MEMBERS BATEMAN AND FOY VOTING NO.
A RESOLUTION DIRECTING THE TOWN MANAGER TO TRANSFER FUNDS FROM THE TOWN COUNCIL’S CONTINGENCY FUND FOR COST-SHARING IN TRAFFIC SIGNAL IMPROVEMENTS AT THE INTERSECTION OF FORDHAM BOULEVARD AND ELLIOT ROAD (98-5-26/R-11a)
WHEREAS, the Council has received a petition from Mr. Dan Shefte requesting that Town of Chapel Hill share in the costs incurred for traffic signal improvements made to the State’s traffic signal located at the US 15-501 and Elliot Road intersection; and
WHEREAS, the Council wishes to accommodate Mr. Shefte’s request for sharing the costs incurred; and
WHEREAS, the Council deems that $5,758 is a fair and appropriate cost share amount.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council adopts that attached budget ordinance and herewith directs the Town Manager to transfer $5,758 from the Non-Departmental Contingency fund to the Engineering fund for disbursement to Mr. Shefte.
This the 26th day of May, 1998.
COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT ORDINANCE 2A. THE MOTION WAS ADOPTED BY A VOTE OF 7-2, WITH COUNCIL MEMBERS BATEMAN AND FOY VOTING NO.
AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE
RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1997” (98-5-26/O-2a)
BE IT ORDAINED by the Council 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
|
APPROPRIATIONS |
Current Budget |
Increase |
Decrease |
Revised Budget |
|
GENERAL FUND |
|
|
|
|
|
Non-Departmental Contingency |
16,732 |
|
5,758 |
10,974 |
|
Engineering |
679,869 |
5,758 |
|
685,627 |
This the 26th day of May, 1998.
Item 8 Greenways Master Plan
COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER McCLINTOCK, TO ADOPT RESOLUTION 12. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION ADOPTING THE 1998 GREENWAYS MASTER PLAN AS PART OF THE
TOWN OF CHAPEL HILL’S COMPREHENSIVE PLAN (98-5-26/R-12)
WHEREAS, the Town’s current Greenways Master Plan was adopted in 1985; and
WHEREAS, many of the findings, recommendations and goals outlined in the 1985 Greenways Master Plan are no longer valid; and
WHEREAS, an extensive public process was used to prepare an updated Greenways Master Plan based on current and anticipated conditions; and
WHEREAS, the Planning Board, Greenways Commission, Parks and Recreation Commission, and Transportation Board have recommended adoption of the draft 1998 Greenways Master Plan.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the 1998 Greenways Master Plan, with changes and corrections noted in the Manager’s May 11, 1998 memorandum to the Council entitled “Continuation of a Public Hearing for Draft 1998 Greenways Master Plan” as part of the Town of Chapel Hill’s Comprehensive Plan.
This the 26th day of
May, 1998.
Item 9 Cellular Communications Tower at Cedar Falls Park
Stating that a seventy foot tower was preferable to an eighty foot tower and that wires and antennas on cellular communications towers were a source of visual pollution, Council Member Capowski suggested amending Resolution 13, to permit the Information Technology Committee to review the applicant’s request. Council Member McClintock inquired whether or not Council Member Capowski was satisfied with the proposed tower location. Council Member Capowski said he did not that the specific tower location made much difference.
Council Member Evans inquired about the viability of having a seventy-foot, rather than an eighty-foot, tower. Jerry Evonne, representing Sprint Communications, said that a flush mounting, to minimize visible wiring, would require an eighty-foot tower. Council Member Capowski asked whether or not service could be provided using a seventy-foot tower. Mr. Evonne said this would be possible if his firm were permitted to use rack mounts. Mayor Waldorf asked whether or not it was correct that the proposed eighty-foot tower would not require external wiring. Mr. Evonne said this was correct. Council Member Capowski said his proposal to require one single-user phase would prohibit the applicant from installing antennas with arms.
Mr. Horton noted that the applicant’s proposal was to have an eighty-foot tower with no rack. Mr. Webster said that the eighty foot tower would have a flush mount, with lights at seventy feet, providing an even flow of light on playing fields. Council Member Foy suggested using lease proceeds from the tower for open space acquisition. Council Member Evans suggested that proceeds could also be used to fund sidewalks along part of Weaver Dairy Road. Mayor Waldorf inquired whether or not a seventy-foot tower would be operationally viable at this site. Mr. Evonne said that his firm would need to find another site for the tower. He added that the proposed eighty-foot tower for the rack mount would be the lowest tower in Sprint’s entire system.
Mayor Waldorf inquired whether or not there was a second for Council Member Capowski’s proposed amendment to Resolution 13. The proposed amended resolution died for lack of a second.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO ADOPT RESOLUTION 13.
Noting that she shared Council Member Capowski’s aesthetic concerns, Council Member McClintock stated that green meshing around an existing tower on Cleland Drive was beneficial. She inquired whether or not funds from cellular communications towers were earmarked for greeenways. Mr. Webster said this was correct. Mr. Horton said he believed that staff could justify a lease payment of more than the currently proposed $12,000 per year.
Council Member Wiggins asked whether or not it was correct that Sprint Communications would not develop business in the Town if this requested tower were not approved by the Council. Mr. Evonne said that Sprint’s options for locating a communications tower in the Town were quite limited. Council Member Wiggins said that having multiple providers offered citizens the advantages of competition. Council Member Capowski said he believed that Sprint would find a way to provide cellular communications service in the Town in the future.
Council Member Brown inquired whether much shorter towers would be viable in the future as technological advances occurred. Council Member Capowski said that although lowering the tower by ten feet would lower the quality of service, he did not think that Sprint Communications would abandon the Town as a potential future service location.
RESOLUTION 13 WAS ADOPTED BY A VOTE OF 8-1, WITH COUNCIL MEMBER CAPOWSKI VOTING NO.
A RESOLUTION AUTHORIZING THE MANAGER TO NEGOTIATE A FRANCHISE AGREEMENT
AND A SITE LEASE WITH SPRINTCOM INC. FOR INSTALLATION OF A CELLULAR TELEPHONE
TRANSMISSION TOWER ON TOWN PROPERTY (98-5-26/R-13)
WHEREAS, Sprintcom Inc. has performed tests which indicate that Cedar Falls Park would be a suitable site for a cellular telephone transmission tower; and
WHEREAS, a franchise agreement between Sprintcom Inc. and the Town would be necessary prior to any lease agreement of the Cedar Falls Park site;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to notify all persons owning property within 1,000 feet of the proposed tower, negotiate terms with Sprintcom Inc. for both a franchise agreement and a site lease to allow replacement of an existing light pole with a cellular transmission tower at Cedar Falls Park, and prepare recommendations for later Council consideration.
BE IT FURTHER RESOLVED by the Council that negotiations for the site lease agreement restrict the transmission tower to a single laminated wood pole that would be no higher than 80 feet in height.
This the 26th day of May, 1998.
Council Member Foy inquired about using lease funds from the cellular communications tower for the purchase of greenways and open space. Council Member Evans said she would support the earmarking of funds for greenways.
COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER BROWN, FOR FUNDS TO BE DESIGNATED FOR THE ACQUISITION OF GREENWAYS. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Item 10 Rezoning of Wilson Gulch Property
John McCormick requested that the Council approve R-2 zoning for the property. Council Member McClintock stated that the topography of the site was quite difficult. Mr. Horton said that there was a steep ravine on a portion of the site.
COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER FOY, TO ADOPT ORDINANCE 3. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
AN ORDINANCE AMENDING THE CHAPEL HILL
ZONING ATLAS FOR THE MCCORMICK LOT
(7.122.B.21) (98-5-26/O-3)
WHEREAS, the lot that is owned by John G.
McCormick and is identified as Chapel Hill Township, Tax Map 122, Block B, Lot
21; and
WHEREAS, the McCormick Lot was omitted from the Town’s Southern Small Area Plan rezoning process in 1993 and the Town’s zoning of property in conformance with the approved Chapel Hill/Carrboro Annexation Boundary Line Agreement in 1995; and
WHEREAS, the Council of the Town of Chapel Hill adopted the Southern Small Area Plan as a component of the Town’s Comprehensive Plan on June 23, 1992; and
WHEREAS, the Council approved rezonings in accordance with the Southern Small Area Plan Land Use Plan on November 22, 1993; and
WHEREAS, the McCormick Lot was not included as part of the Southern Small Area Plan rezonings due to ongoing negotiations with the Town of Carrboro regarding the placement of a Joint Annexation Boundary Line between the two municipalities; and
WHEREAS, the Chapel Hill/Carrboro Annexation Boundary Line Agreement was adopted in June, 1995, and as part of the Agreement, the Town of Chapel Hill’s Extraterritorial Planning Jurisdiction Boundary Line shifted westward by 250 feet to the centerline of Smith Level Road; and
WHEREAS, the McCormick Lot was omitted from the rezonings that took place in conformance with Annexation Boundary Line Agreement and the associated adjustment of the Town’s Extraterritorial Planning Jurisdiction Boundary Line in 1995; and
WHEREAS, the Southern Small Area Plan that was adopted on June 23, 1992, shows the McCormick lot in an area where the land uses are noted as “areas to be preserved” and “residential, two units per acre;” and
WHEREAS, the neighboring adjacent parcels to the south and east of the McCormick lot are also noted for land uses including “areas to be preserved” and “residential, two units per acre,” and were previously rezoned from Residential-2 (R-2) to Residential-1 (R-1) on November 22, 1993, in accordance with the Southern Small Area Plan Land Use Plan;
NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill that the Chapel Hill Zoning Atlas be amended as follows:
Section I
That the property identified as now or formerly Chapel Hill Township Tax Map 122, Block B, Lot 21, located directly south of Morgan Creek and the Frank Porter Graham Elementary School, be rezoned from Residential-2 (R-2) to Residential-1 (R-1).
The legal description of the entire property is as follows: (please refer to the attached Map 1):
Section II
That all ordinances and portions of ordinances in conflict herewith are hereby repealed.
This the 26th day of May, 1998.
Item 11 Commissioner’s Response Regarding Solid Waste Management Matters
Noting that the Orange County Board of Commissioners had indicated that there would be a work session on solid waste management matters during June, Council Member Foy said that the Council needed to focus on these matters in the near future. Mayor Waldorf said that the matter could be included on the Council’s June 8th agenda.
COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 15 AND FOR THE ITEM TO BE INCLUDED ON THE COUNCIL’S JUNE 8TH MEETING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION REFERRING INFORMATION ON SOLID WASTE FROM ORANGE COUNTY TO THE TOWN MANAGER (98-5-26/R-15)
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council refers the attached letter and information from the Chair of the Orange County Board of Commissioners to the Manager for a report on June 8, 1998.
This the 26th day of May, 1998.
Item 4.1f Greenways Grant Application
Mr. Horton noted that the staff’s recommendation was Council adoption of Resolution 7a. Council Member Bateman inquired whether or not another $10,000 could be taken from the Town’s Fund Balance for grant matching purposes. Mr. Horton said this was possible. Council Member Evans said Council Member Bateman’s proposal was a good idea. Mr. Webster said that increasing the Town’s matching funds would increase the chances of receiving the grant. Council Member McClintock inquired about the plan for linking the greenway trail across Interstate 40. Mr. Webster said that the Erwin Road bridge would be used to connect the parts of the greenway.
COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 8. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION AUTHORIZING THE MANAGER TO SUBMIT A $200,000 CLEAN WATER
TRUST FUND GRANT APPLICATION AND PROVIDE AN ADDITIONAL $25,000 IN THE GREENWAYS
FY 1998-99 CAPITAL IMPROVEMENT PROGRAM FOR LAND ACQUISITION ALONG DRY CREEK
(98-5-26/R-8)
WHEREAS, the Town Council has adopted the New Hope Creek Corridor Master Plan which recommends the construction of a trail along Dry Creek; and
WHEREAS, the Town Council has adopted the Dry Creek Greenway Conceptual Plan which recommends the construction of a trail along Dry Creek; and
WHEREAS, the draft 1998 Greenways Master Plan recommends that the Town work with neighboring jurisdictions to develop trails; and
WHEREAS, the draft 1998 Greenways Master Plan recommends the construction of a trail along Dry Creek; and
WHEREAS, land exists north of I-40 which is critical to the eventual completion of a trail along Dry Creek that would link the communities of Durham and Chapel Hill;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Manager to submit a Clean Water Trust Fund grant application requesting $200,000 for land and/or easement acquisitions along Dry Creek north of I-40 and west of the Durham County line.
BE IT FURTHER RESOLVED by the Council that the Manager is instructed to increase the Greenways capital improvement program allocation for FY 1998-99 by $25,000 to be used for land acquisition along Dry Creek.
This the 26th day of
May, 1998.
Item 12 Development Agreement
Legislation
Mr. Karpinos presented an overview of the proposed development agreement before the Council this evening. He noted that the deadline for submitting a local bill on this matter was 4:00 p.m. on Wednesday, May 27th.
Council Member Capowski inquired about the possibility of including a stipulation in the development agreement that the University could not use the power of eminent domain to construct roads through peripheral neighborhoods surrounding the University. Mr. Karpinos said he believed that the University would be agreeable to such language. Council Member Brown inquired how upholding public health and safety standards fit in with the Council’s discretion. Mr. Karpinos said this would be tied to the circumstances under which the Council could make property owners comply with new development regulations and the proposed development agreement. Council Member McClintock inquired where burdens lay relative to the proposed development agreement. Mr. Karpinos said that the burden for making the findings lay with the Town.
Referencing item eight on page twelve, Council Member Foy inquired where specifically defined criteria were outlined. Mr. Karpinos said that the basis for zoning regulations in general was to ensure public, health, safety and welfare. Council Member Brown inquired how the various components of the general development plan fit together. Mr. Karpinos said that the proposed enabling legislation would authorize the Council to enter into development agreements. Council Member Brown asked whether the Council’s abilities would be limited at specific stages of the process. Mr. Karpinos said he did not think that the Council’s abilities would be limited by the proposed development agreement. Council Member McClintock inquired why “welfare” was not referenced in item f2 of the agreement. Mr. Karpinos said that the University did not offer a specific reason for this change.
COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 15.1. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION REQUESTING INTRODUCTION OF LEGISLATION AUTHORIZING THE
TOWN TO ENTER INTO DEVELOPMENT AGREEMENTS WITH OWNERS OF LARGE TRACTS OF LAND
(98-5-26/R-15.1)
WHEREAS, citizens, Town Officials and University of North Carolina 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, Mayor, Manager and Attorney have communicated with University officials, representatives of the N.C. Homebuilders Associations and other interested parties to solicit their comment on a bill to authorize the Town to enter into Development Agreements with owners of large tracts of land within the Town’s zoning jurisdiction; and
WHEREAS, those discussions lead to preparation of a draft bill: and,
WHEREAS, at Council’s direction further discussions were held with University officials, resulting in preparation of the attached draft bill which contains modifications in response to concerns raised by the Council on May 18;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby expresses its support for the attached proposed legislation and requests that the members of the Town’s Legislative Delegation introduce for consideration in the 1998 Short Session this bill authorizing the Town to enact ordinances allowing Development Agreements with owners of large tracts of land.
This the 26th day of May, 1998.
Item 13 Proposed Development Moratorium and Comprehensive Plan Matters
Mr. Waldon presented a review of the resolution before the Council this evening. Council Member McClintock inquired whether the eighteen month time frame would make it possible to complete work on revisions to the Comprehensive Plan prior to November, 1999. Mr. Horton said the timetable could be revised to meet this target date. Council Member Brown said she wanted to separately discuss the Town’s historic districts and the Northside Conservation Districts separately from the Comprehensive Plan matter. She also suggested incorporating language from the Shaping Orange County’s Future fifteen step process into the resolution regarding the Comprehensive Plan. Council Member McClintock said it was important to finish work on the Comprehensive Plan prior to November, 1999. Council Member Brown suggested that the Council could possibly get a revised time frame from staff in order to meet the November, 1999 deadline.
Noting that David Brower had forwarded a recommendation to the Council regarding the use of a consultant for assistance in revising the Town’s Comprehensive Plan. Noting that the Council had many items on its longer-term agenda, she suggested that the Council refer the matter back to Town staff, along with a request for staff to outline a timeframe for completing Comprehensive Plan revisions by November, 1999.
Council Member Foy said his principal objective was to involve the public in the process as much as possible. He also suggested that staff examine the possibility of working with other Orange County governments on planning related efforts. Council Member Andresen reiterated the importance of public input throughout the process.
Noting that she would be perfectly willing to refer the matter back to staff, Council Member Brown said she would hate to have a focus placed on having a consultant to revise the Town’s Comprehensive Plan. She stated that the principal focus should be placed on having as much public involvement in process as possible.
Council Member Capowski said he thought that the Council should call a public hearing on the possible rezonings on June 15th. Mayor Waldorf suggested that the Council consider using the services of a consultant to assist with the Comprehensive Plan revision process. Council Member Pavăo said that having a consultant assist with the process did not preclude having an opportunity for thorough public input. Mayor Waldorf suggested that the Council could schedule a time to review the Comprehensive Plan. Mr. Horton said such a meeting could be set up some time in June. Council Member Brown suggested incorporating the Shaping Orange County’s Future process into the Town’s Comprehensive Plan process. Mayor Waldorf said that although there was no disagreement with having some representation from Shaping Orange County’s Future, the Comprehensive Plan document was for the Town’s jurisdiction. Noting that the possibility of joint parks and recreation services was already being explored, Council Member Brown suggested the possibility of having joint Town/County staff persons for purchasing and energy conservation programs. Council Member Wiggins said she concurred with the wisdom of jurisdictions working together on planning and other matters. Stating that her only concern was the possibility of not completing the project within eighteen months, Council Member Wiggins suggested that a consultant/facilitator could possibly help to keep the revision of the Comprehensive Plan on a certain timeframe.
Council Member Brown suggested referring this evening’s discussion to Town staff for a follow-up options report on June 22nd. Council Member Brown requested additional information about the City of Raleigh’s use of interim zoning categories. She inquired when a hearing on interim zoning could be called. Mr. Waldon said that the hearing could be called on June 15th, with interim zoning possibly being assigned after the hearing. He added that the Council could also choose to create a new zoning district. Mr. Waldon noted that creation of a new district would involve a fairly significant time commitment. Mayor Waldorf inquired about the possibility of having an overlay district. Mr. Waldon said this was possible.
Council Member Brown inquired about the possibility of calling a public hearing on June 15th to consider the possible establishment of a new interim zoning district. Mr. Karpinos said that the Council could adopt a resolution directing Town staff to move forward with the hearing, with some sense of a specific proposal, such as the City of Raleigh’s model for interim zoning.
Mayor Waldorf inquired about the Council’s wishes relative to the public hearing. Council Member McClintock said her principal objective was to address concerns about duplexes and the subdivision of land in the Town’s historic districts and the Northside conservation district. Council Member Brown said she did not necessarily see the proposed interim zoning serving as permanent zoning. Council Member Capowski said during the interim period, he favored having a prohibition on increasing the number of dwellings.
Mr. Waldon said the staff’s recommendation was to rezone the areas to R-1, with a minimum lot size of 17,000 square feet. Council Member Evans inquired about the effect of making some parcels non-conforming. Mr. Horton said that although non-conforming uses could be maintained, they could not be enhanced. Council Member McClintock said she favored moving forward with zoning other than R-1 zoning.
COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER FOY, TO ADOPT RESOLUTION 16A.
Expressing concern about the practical effect of singling out student housing, Council Member Evans said she thought that the Council should have the Town staff focus on comprehensive planning and not rezoning of the Towns’ historic districts.
Stating that the concept of interim zoning had pros and cons, Council Member Bateman said she wanted to hear citizen input on the matter. Council Member Wiggins said she was interested in appropriate alternate zoning categories to accommodate duplex and cottage type arrangements, while preserving the historic character of the Town’s neighborhoods.
RESOLUTION 16A WAS ADOPTED BY A VOTE OF 8-1, WITH COUNCIL MEMBER EVANS VOTING NO.
A RESOLUTION CALLING A PUBLIC HEARING TO REZONE AREAS NEAR DOWNTOWN TO
A LOW DENSITY RESIDENTIAL DISTRICT (98-5-26/R-16a)
WHEREAS, the Town Council has heard testimony from citizens concerning development patterns and development pressures in neighborhoods near downtown Chapel Hill; and
WHEREAS, the Town Council seeks to rezone those areas in a manner that will restrict development potential, while neighborhood protection strategies and regulations can be designed and put in place;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council calls a Public Hearing for 7:00 p.m. on June 15, 1998, for the purpose of considering ordinances that would accomplish the following rezoning of property:
For those properties in the Cameron-McCauley Historic District and the Northside Conservation Area that are currently zoned Residential-2, Residential-3, Residential-4, Residential-5, and Residential-6: change zoning to Residential-1, or an appropriate related zoning category.
This the 26th day of May, 1998.
Item 14 Review of Chapel Hill Transit System
Mr. Godding said that Town staff was proposing the establishment of a committee composed of various interest groups to review the Town’s transit system. Stating that the proposal was a really good idea, Council Member Capowski suggested adding representatives from UNC Hospitals, a local taxi company, the Triangle Transit Authority, Durham Transit Authority and skeptics (non bus riders). Council Member Foy suggested having a representative from the Sierra Club or a similar organization representing an anti-sprawl perspective.
Mr. Horton said that the purpose of the review would be to evaluate how the system operated, who it should serve and strategically review the entire system.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO ADOPT RESOLUTION 17. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION AUTHORIZING THE MANAGER TO INITIATE A PROCESS TO REVIEW THE CHAPEL HILL TRANSIT SYSTEM (98-5-26/R-17)
WHEREAS, the Town of Chapel Hill has operated a public transit system which serves the Towns of Chapel Hill and Carrboro, and the University of North Carolina at Chapel Hill for the last 25 years; and
WHEREAS, the Town Council would like to conduct a review of that system;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that:
the Manager, staff and Transportation Board of the Town are authorized to begin the process of reviewing the transit system with the recruitment of additional committee members from those groups identified as participants by the Council.
the Transportation Board will act as the lead group in organizing a committee which will conduct the review.
this committee would use an open process including public involvement to develop a mission statement for the Chapel Hill Transit system.
the current system would then be evaluated in light of that mission statement and how it serves community needs.
this analysis could identify changes in the current transit system which would then be presented as recommendations to the Town Council for its consideration.
This
the 26th day of May, 1998.
Noting that the Chapel Hill Transit System was twenty-five years old, Council Member Wiggins said she hoped that there would be some formal recognition of this milestone.
Item 15 Joint Planning Items
Long Range Planning Coordinator Chris Berndt presented an overview of the items, noting that the Planning Board recommended Council adoption of Resolution 18. Council Member Capowski inquired whether any of the Town’s or Carrboro’s small area plans were located in the rural buffer. Ms. Berndt said that a small portion along Eubanks Road was located in the rural buffer.
Council Member McClintock inquired why an area on Eubanks Road was selected as an employment campus. Ms. Berndt said the small area plan work group felt that residential uses next to the landfill were not the best long-term use. Council Member Foy said his concern was the solid waste management plan and how it would work with the proposed area plan. Council Member Capowski inquired whether or not it was correct that the Orange County Board of Commissioners had expressed the desire to possibly use the Greene tract for solid waste purposes. Mr. Horton said he believed that this was correct. Council Member Capowski inquired about the possibility of not acting on this matter for six months. Mr. Horton said if the Council was unresolved about the Greene tract, it was not compelled to go forward with the plan.
Council Member Bateman inquired about plans to buffer the original Northwood neighborhood. Ms. Berndt said that Northwood would be bordered by the proposed employment campus to the north and west. Council Member Bateman inquired about wildlife corridor considerations. Ms. Berndt said the plan was to connect wildlife areas along creeks and other applicable corridors.
Council Member Brown said going forward with the small area plan while solid waste issues were still undecided would be a serious mistake. Council Member Evans inquired about the possibility of making a statement that another solid waste facility was not wanted in Town limits. Council Member Foy said he was not sure that the Council could make this statement. Council Member Capowski inquired who would be interested in buying the Greene tract. Council Member Evans said with the proposed plan and zoning, the tract might be very attractive for commercial or residential uses. Mr. Horton said there was no certainty that Orange County would take over as operator of the landfill facility.
Mayor Waldorf suggested that the Council adopt the employment campus portion of the proposal this evening. Stating that the planning process had taken a long time, Council Member Evans suggested either approving or not approving the plan in its entirety. Stating that the Greene tract might be needed for public purposes in the future, Council Member McClintock said she was reluctant to move ahead with approval of the plan this evening. Council Member Capowski inquired about the current zoning for the proposed employment campus location. Ms. Berndt said the zoning was mixed-use and office and institutional zoning. Council Member Evans inquired about existing zoning along Eubanks Road. Ms. Berndt said most zoning was mixed-use.
Council Member Bateman said she had no problem with the proposed employment campus as long as Northwood was well buffered.
Council Member Brown said she was really reluctant to look at changing the residential nature of the Mill House Road area. Council Member Brown also said she favored having more discussions about the proposed employment campus.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO ADOPT RESOLUTION 18.
Council Member Evans suggested the possibility of exempting the Greene tract from the small area plan. Council Member McClintock emphasized the importance of buffering neighborhoods contiguous to the employment campus. Council Member Capowski said that deleting the Greene tract from the small area plan would take the heart out of the proposed northwest small area plan. Mr. Horton said he concurred that adopting the small area plan without the Greene tract would be ill-advised. He recommended that the Council not adopt the proposed resolution this evening.
Council Member Evans said that by adopting Resolution 18, the Council would be making a statement that the Greene tract was not an appropriate site for a landfill. Council Member Bateman inquired whether or not there was any harm in waiting three or four months to receive the Landfill Owners Group’s recommendation regarding the Greene tract. Council Member Evans noted that the last time this item was tabled, pending a recommendation from the Landfill Owners Group, was 1995. Council Member Bateman said if no recommendation about the Green tract was received from the Landfill Owners Group, then the Council should vote on the proposed northwest small area plan.
RESOLUTION 18 FAILED BY A VOTE OF 3-6, WITH MAYOR WALDORF AND COUNCIL MEMBERS EVANS AND PAVĂO VOTING YES.
Carrboro Northern
Small Area Plan
Council Member Capowski said he wanted to see how the Carrboro Board of Aldermen voted on this proposal. Mr. Horton said that the Board of Aldermen had made positive statements about the proposed plan. Council Member Brown said she also wanted more definitive information about the Board of Aldermen’s position about this proposal.
COUNCIL MEMBER PAVĂO MOVED, SECONDED BY COUNCIL MEMBER BROWN, FOR ACTION TO BE DELAYED ON THIS MATTER, PENDING A VOTE BY THE CARRBORO BOARD OF ALDERMEN. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Mayor Waldorf suggested that the Council postpone action on item c, pending action by the Carrboro Board of Aldermen. There was Council concurrence to postpone action on this matter.
Inna Deng Johnson
Amendment
Ms. Berndt stated that Council adoption of Resolution 22 would approve the proposed change. Council Member McClintock asked whether the proposal was for commercial zoning. Ms. Berndt said the proposal was to include the properties in the proposed employment campus. Council Member Foy noted that there had been discussion to use the properties for a materials recovery facility or transfer station. Ms. Inna Deng Johnson strongly urged the Council not to use these properties for waste handling purposes.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO ADOPT RESOLUTION 22.
COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO TABLE THE MATTER FOR TWO WEEKS. THE MOTION TO TABLE WAS ADOPTED UNANIMOUSLY (9-0).
Item 16 Sewer Line Extension
COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER FOY, TO ADOPT RESOLUTION 23, REGARDING THE ESTABLISHMENT OF A COMMITTEE ON LANDFILL BENEFITS. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION CONCURRING IN THE ESTABLISHMENT OF AND APPOINTING
REPRESENTATIVES TO AN INTERGOVERNMENTAL COMMITTEE (98-5-26/R-23)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council concurs with the establishment of a committee to discuss and make recommendations to the governing bodies regarding the following:
1. Development of various options for funding extension of water to the landfill neighborhoods, including legal and economic ramifications of each option.
2. Where to locate the water lines.
BE IT FURTHER RESOLVED that the committee shall consist of not more than two representatives each from Chapel Hill, Orange County and the Town of Carrboro.
This the 26th day of May, 1998.
Council Members Foy and Wiggins agreed to serve as the Council’s representatives on the proposed committee.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO ADJOURN THE MEETING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
The meeting stood adjourned at 11:15 p.m.