SUMMARY MINUTES OF A SPECIAL BUSINESS MEETING AND REGULAR BUSINESS MEETING OF THE MAYOR AND COUNCIL OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA, MONDAY, JUNE 22, 1998 AT 5:30 P.M.

 

Mayor Rosemary Waldorf called the meeting to order at 5:30 p.m.  Council Members in attendance were Flicka Bateman, Joyce Brown, Joe Capowski, Pat Evans, Kevin Foy, Julie McClintock, Lee Pavão, and Edith Wiggins Also in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Planning Director Roger Waldon, Parks and Recreation Director Kathryn Spatz, Police Chief Ralph Pendergraph, Solid Waste Director Gayle Wilson, Assistant to the Manager Ruffin Hall, Town Clerk Peter Richardson, and Town Attorney Ralph Karpinos.

 

Mr. Horton introduced Kathryn Spatz, the Town’s new Parks and Recreation Director, to the Mayor and Council. She received her undergraduate degree from the University of Richmond and her Masters Degree from the University of North Carolina, where she was named the most outstanding student in her graduating class. Ms. Spatz has a strong background in programming. After she was presented to the Town Council, Ms. Spatz said that she was very excited being here and looked forward to working with the Council.

 

Item 1  Consent Agenda

 

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER EVANS TO ADOPT RESOLUTION 1, ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES

 (98-6-22/R-1)

 

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

 

 

a.

Minutes of April 27 and May 4, 11, and 20, 1998.

b.

Request for street closure of South Road from University and Fall Fest ’98.  (R-2).

c.

Award of bid for street resurfacing.  (R-3).

d.

Award of bid for bulk asphalt.  (R-4).

e.

Authorization to enter into agreement for aerial photography. (R-5 a and b) (O-1.1).

f.

Second reading of franchise agreement for Sprintcom, Inc.  (O-1.2).

g.

Year end budget amendment.  (O-2).

h.

Support for State legislation on additional regulations for selling beer in kegs.  (R-6).

i.

Authorization for performance agreement for the provision of transportation services for program with Community Cuisine.  (Mayor Waldorf) (R-7) (O-3).

j.

Consideration of performance agreement with the Downtown Commission.  (R-8).

k.

Adoption of Community Development grant project ordinance.  (O-4)

 

l.

Nomination of the West Chapel Hill Historic District to the National Register of Historic Places. (R-9a).

m.

Establishment of a storm drainage utility technical committee.  (R-10).

 

This the 22nd day of June, 1998.

 

A RESOLUTION APPROVING A TEMPORARY STREET CLOSING ON AUGUST 16, 1998 AS REQUESTED BY THE UNIVERSITY OF NORTH CAROLINA  (98-6-22/R-2)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the University’s request to close the part of South Road from Stadium Drive to Raleigh Road from 6:00 p.m. on August 16, 1998 to 5:00 a.m. on August 17, 1998 subject to conditions to be set forth by the Town Manager or Manager’s designee, which may include the following:

 

1.      The Fall Fest activities for students shall end by 1:30 a.m., and the street may be closed until 5:00 a.m. for the purpose of clean-up work and removal of items set up for the Fall Fest.

 

2.      The University shall receive approval of all permits and plans required by Town ordinances and other laws and regulations, such as a traffic control and safety plan for temporary activities in the street.

 

3.      No alcohol shall be possessed or consumed in the street right of way.

 

4.      Personnel shall be on duty at the ends of the closed street areas to ensure access for Town, University and other emergency vehicles into and through the closed area if needed.

 

5.      The University shall designate a contact for coordination and communication with the Town regarding the street closing.

 

6.      University personnel in charge of the activities in the closed street area shall comply with directives of the Police and Fire Chiefs or other designee(s) of the Town Manager.

 

BE IT FURTHER RESOLVED that the Council authorizes the Manager to approve minor adjustments in the time and location of the requested street closing.

 

This the 22nd day of June, 1998.

 

A RESOLUTION AWARDING A CONTRACT FOR RESURFACING OF STREETS

(98-6-22/R-3)

 

WHEREAS, the Town of Chapel Hill has solicited formal bids by legal notice in the Chapel Hill News/Village Advocate on May 20, 1998, in accordance with G.S. 143-129 for the resurfacing of streets; and

 

WHEREAS, the following bids were received, opened and publicly read on June 3, 1998:

 

                                                                                    Base Bid-                                            

                                        I-2                  I-1                Resurfacing                              

Vendor                         Asphalt Asphalt             Total                Alternates           Total             

 

Nello L. Teer                123,025             82,250           205,275           82,887.50        288,162.50

C. C. Mangum             193,510           120,000          313,510           99,861.00        413,371.00

Riley Paving                  177,415           119,875          247,290           146,573.79      393,863.79

Lee Paving Co. 182,225           123,125          305,350           108,020.50      413,370.50

Thompson-Arthur         170,200           112,500          282,700           98,409.75        381,109.75

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council accepts the June 3, 1998, bid of Nello L. Teer Company as adjusted for street resurfacing in the amount of $288,162.50, including alternates, received in response to the Town's request for bids published on May 20, 1998, and opened on June 3, 1998, in accord with G.S. 143-129.

 

BE IT FURTHER RESOLVED that the Manager is authorized to execute a contract with Nello L. Teer Company in the amount of $288,162.50 and to initiate and sign change orders to the contract, provided that the contracted cost of resurfacing shall remain within the budget and provided that the Transportation Department receives approval of federal funding to cover costs for resurfacing the Friday Center Park & Ride Lot.

 

This the 22nd day of June, 1997.

 

A RESOLUTION AWARDING A CONTRACT FOR ASPHALTIC CONCRETE AND TACK COAT (98-6-22/R-4)

 

WHEREAS, the Town of Chapel Hill has solicited formal bids by legal notice in The Chapel Hill News/Village Advocate on May 29, 1998, in accordance with G.S. 143-129 for Asphaltic Concrete and Tack Coat for street patching; and

 

WHEREAS, the following bids have been received and opened on June 11, 1998, at 3:00 p.m.

 

                                                                        Thompson-

ITEM              Lee Paving     Nello Teer         Arthur          C. C. Mangum                       

Asphalt I-2       $30.00/Ton      $29.00/Ton      $24.00/Ton        $25.00/Ton   

Asphalt HB      $30.00/Ton      $26.50/Ton      $25.00/Ton        $25.00/Ton

Asphalt HDB    $30.00/Ton      $26.50/Ton      $26.00/Ton       $26.00/Ton

Asphalt H         $30.00/Ton      $26.50/Ton      $25.00/Ton        $25.00/Ton

Tack Coat        $2.00/Gal.        $2.50/Gal.        $2.00/Gal.          $2.03/Gal. 

Total                $72,000.00      $65,950.00      $60,100.00        $60,643.00               

WHEREAS, the additional cost to the Town caused by the differences in distance between the plants of the other three vendors relative to that of the Nello L Teer plant results in the lowest total cost for Nello L. Teer; and

 

WHEREAS, the year around availability of hot-mix asphalt is important to the Town's ability to maintain it's system;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town accepts the bid of Nello L. Teer Company in the amount stated above in the tabulation.

 

This the 22nd day of June, 1998.

 

A RESOLUTION AUTHORIZING THE MANAGER TO EXECUTE AN AGREEMENT WITH ORANGE COUNTY REGARDING COST-SHARING AND MUTUAL RESPONSIBILITIES FOR AERIAL PHOTOGRAPHY OF CHAPEL HILL AND ITS PLANNING JURISDICTION.  (98-6-22/R-5a)

 

WHEREAS, the Town of Chapel Hill is interested in replacing its outdated aerial photography with new  photography and associated data; and

 

WHEREAS, Orange County has contracted for such photography and data collection and has agreed to allow the Town to share in the contract prices;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council herewith authorizes the Manager to execute an agreement with Orange County for the Town’s share of the cost of aerial photography and associated data for Chapel Hill and its planning jurisdiction.

 

BE IT FURTHER RESOLVED that the Council authorizes the Manager to prepare the necessary documents to finance the costs of said aerial photography in an amount not to exceed $180,000.

 

This the 22nd day of June, 1998.

 

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE A LEASE-PURCHASE CONTRACT FOR AERIAL PHOTOGRAPY MAPS AND RELATED COMPUTER EQUIPMENT (98-6-22/R-5b)

 

WHEREAS, the Town of Chapel Hill solicited and received competitive proposals from financial institutions for the lease-purchase of aerial photography maps and related computer equipment; and

 

WHEREAS, Wachovia Bank  offers the lowest fixed interest rate of 4.33 % for the five year term for this purchase;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to enter into a contract with Wachovia Bank on behalf of the Town for the lease-purchase of aerial maps and computer equipment at a fixed interest rate of 4.33 %.

 

BE IT FURTHER RESOLVED that the aforesaid contracts by and between the Town of Chapel Hill , Orange County and Atlantic Technologies Limited, together with the amounts to be paid thereunder, be and the same are hereby designated as qualified tax-exempt obligations of the Town of Chapel Hill for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended.

 

BE IT FURTHER RESOLVED, that the Council does not reasonably expect that the Purchaser (and any subordinate entities) will issue more than $10,000,000 in qualified tax-exempt obligations pursuant to such Sections 265(b)(3)(ii) during the current calendar year.

 

This the 22nd day of June, 1998.

 

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1,  1997 (98-6-22/O-1.1)

 

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

 

ARTICLE I

 

                                                Current                                                             Revised

APPROPRIATIONS                  Budget                Increase           Decrease                  Budget

 

CAPITAL IMPROVEMENTS

            FUND                       1,769,215                180,000                                      1,949,215

 

 

                                                                       ARTICLE II

 

REVENUES

           

CAPITAL IMPROVEMENTS

            FUND

    Loan Proceeds                                 0                180,000                                         180,000

 

This the 22nd day of June, 1998.

 

AN ORDINANCE GRANTING A FRANCHISE TO SPRINTCOM, INC. TO PROVIDE TELEPHONE SERVICES IN THE TOWN OF CHAPEL HILL (98-6-22/O-1.2)

 

BE IT ORDAINED by the Town Council of Chapel Hill that the Council hereby grants a franchise to Sprintcom, Inc. to operate a telephone system in the Town subject to the following conditions:

 

Scope of Services

The company may provide the following services:

 

Personal Communications Services including cellular telephone services pursuant to authority granted by the Federal Communications Commission.

 

This franchise does not authorize the company to provide cable television or video services, for which a separate franchise could be requested.  This franchise does not authorize placement of public use telephones on Town property or public right-of-way.

 

Separate Lease And Encroachment Agreements For Antenna Tower Locations

This franchise ordinance does not approve locations for antenna towers on Town street rights-of-way or other Town-owned land. Such locations may be approved through lease and encroachment agreements.

 

Relocation Of Equipment

Any of the company's equipment which may be located in public right-of-way of other Town property shall be subject upon 180 days' written notice by the Town to removal or relocation at the company's sole expense to other place(s) satisfactory to the Town Manager; provided that places satisfactory to the Town Manager are available within such period and will not result in a material adverse affect on the quality of company's personal communication service provided to the Town, otherwise, such time period shall be extended as reasonably necessary for the company to find an adequate relocation site.

 

Subject to the time frames referenced in the preceding paragraph, removal or relocation may also be required by the Town due to street or utility improvements in general, due to public health and safety problems upon a determination by the Town or for other just and reasonable cause as may be determined by the Town. 

 

Upon the Town's determination of an emergency need to remove equipment, such removal shall occur within the time period determined reasonably necessary by the Town after consultation with the company.  Emergency needs are not subject to the time limits stated above.

 

Disturbance of Property within a Right-of-Way; Inspections

Any disturbance of property within or affecting a public right-of-way, as may be necessary for the installation and/or connection of services by the franchisee, must receive prior approval of the Town Manager or Manager's designee and shall be subject to inspection and approval by the Town.

Term of Franchise

The term of the franchise shall be 10 years from acceptance by the franchisee, with the possibility of renewal subject to filing of a renewal application at least one year before the franchise expiration.

 

Letter of Credit, Fees and Taxes

The company shall maintain a letter of credit in the amount of $50,000, or a guarantee of company's general partner, acceptable to the Town Manager, with the required amount to be replenished as necessary to maintain the required balance at all times to ensure compliance with all applicable State or local laws, ordinances and regulations and directives of the Town, with terms of the franchise and to ensure payment of any applicable fees and taxes due to the Town.  So long as the company is subject to and does pay the state franchise tax imposed pursuant to N.C.G.S. §105-120, the Town shall not, and does not currently, charge a license, privilege or franchise tax on the company, which is not authorized by law and applicable to other similar businesses.  Should the Town seek to impose a fee or tax on the company in the future, the company shall have not less than 120 days notice prior to the effective date of such fee or tax, and shall have the right to terminate the franchise provided that it shall remove its equipment from the Town property or public right-of-way within 60 days of termination.

 

Insurance and Indemnification of the Town

The company shall maintain general liability insurance naming the Town as an additional insured party and in a form satisfactory to the Manager.  General liability coverage shall be in the amount of at least $1,000,000.

 

The company shall be required, by acceptance of the terms and conditions of this franchise, to indemnify the Town from all damages which may arise in connection with the company's actions and omissions and to defend the Town at the company's sole expense against any claims in connection with the company's actions and omissions.

 

 

Compliance with All Applicable Laws, Ordinances and Regulations

The company shall comply with Town ordinances, construction codes, other policies adopted by the Council, administrative regulations issued pursuant to Council action or policy, with directives of the Town which may be issued under the franchise ordinance terms or general law, provided that such policies directives, codes and regulations are consistent with State and Federal laws and regulations, and with all applicable State and federal laws and regulations, including any requirement for State right-of-way encroachment agreements, etc.  Failure to comply shall be grounds for revoking the franchise.

 

Acceptance of Franchise Terms

The company shall within 120 days of adoption of this franchise ordinance on second reading accept all terms and conditions of the franchise ordinance.

 

Revocation Procedure

If the franchise is revoked by the Council for failure to comply with any term or condition of this franchise, the company shall cease utilizing its facilities located on Town property or public right-of-way within 120 days of receiving notice of revocation and remove its equipment from public right-of-way within 180 days.  Upon the company's failure to do so, the Town shall have the right to remove the equipment and to draw funds from the letter of credit or to call upon the guarantee to cover such costs.

 

Before a decision to revoke the franchise, the Council shall adopt a resolution of intent to revoke the franchise with a statement of the reasons for revocation and shall cause a copy of the resolution to be delivered or mailed by first class mail to the company.  The company shall have 30 days from receipt of the resolution to respond in writing to the Council's resolution of intent to revoke.

 

Transfer Of Ownership

A change or changes in ownership of the franchisee cumulatively totaling a 25% or greater interest in the company shall be subject to review and reasonable approval by the Town Council within 120 days of receipt by the Town Manager of a request from the company for review of such a change(s) in ownership.  In the event the Town Council reviews and for good cause, duly substantiated objects to the change in ownership it shall have the authority to revoke the Franchise in accordance with the procedure set forth in the preceding paragraph.

 

This the 22nd day of June, 1998. (Second reading)

 

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1997” (98-6-22/O-2)

 

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled “An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 1997” as duly adopted on June 10, 1997 be and the same is hereby amended as follows:

 

ARTICLE I

 

                                                    Current                                                                     Revised

                                                    Budget               Increase             Decrease              Budget

APPROPRIATIONS

 

GENERAL FUND

 

   Police                                       6,474,230           169,606                                         6,643,836

 

   Parks and Recreation                1,496,922             18,200                                         1,515,122

 

   Manager/Clerk                             895,309             10,300                                            905,609

 

 

NonDepartmental

         Contingency                             10,974                                         10,300                        674

ARTICLE II

 

REVENUES

 

GENERAL FUND

   Transfer/Other Sources

     Lease Purchase Proceeds                      0           169,606                                            169,606

 

   Service Charges                           751,855             18,200                                            770,055

 

This the 22nd day of June, 1998.

 

A RESOLUTION SUPPORTING THE ENACTMENT INTO LAW BY THE NORTH CAROLINA STATE LEGISLATURE OF HOUSE BILL 1409, TO REGULATE THE OFF-PREMISE SALES OF MALT BEVERAGES IN KEGS AND MAKE BEER CONSUMPTION BY ANY PERSON UNDER TWENTY-ONE YEARS OF AGE A MISDEMEANOR (98-6-22/R-6)

 

WHEREAS, House Bill 1409 has been introduced in the North Carolina State Legislature; and

 

WHEREAS, House Bill 1409 would regulate the sale of malt beverages in kegs and would make purchase and possession of malt beverages by 19- and 20-year-olds a misdemeanor; and

 

WHEREAS, the efforts of the Town of Chapel Hill to reduce underage alcohol consumption would be aided by the passage of House Bill 1409;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council supports the passage of House Bill 1409 and the enactment into State law of its provisions.

 

This the 22nd day of June, 1998.

 

A RESOLUTION AUTHORIZING A PERFORMANCE AGREEMENT WITH COMMUNITY CUISINE TO PROVIDE TRANSPORTATION ASSISTANCE TO STUDENTS (98-6-22/R-7)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to enter into a performance agreement with Community Cuisine to provide transportation assistance to students participating in the Culinary Entrepreneurship Program for Youth-at-Risk during the month of July.  The amount of the grant will not exceed $600.

 

This the 22nd day of June, 1998.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1997 ( 98-6-22/O-3)

 

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

 

ARTICLE I

 

                                                            Current                                                             Revised

APPRORPRIATIONS                        Budget             Increase           Decrease          Budget

 

General Fund

 

Non-Departmental

     Contingency                                          674                                            600                   74

 

 

Non-Departmental

     Agency Contributions                     473,796                  600                                   474,396

 

 

This the 22nd day of June, 1998.

 

A RESOLUTION AUTHORIZING A PERFORMANCE AGREEMENT WITH THE DOWNTOWN COMMISSION ( 98-6-22/R-8)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to enter into a performance agreement with the Downtown Commission for services in 1998-99 substantially as in 1997-98, with the funding level to include the estimated revenue to be received from the Downtown Service District tax based on the 6.2 cent tax rate adopted by the Council for 1998-99.

 

This the 22nd day of June, 1998.

 

AN ORDINANCE ESTABLISHING THE 1998 - 99 COMMUNITY DEVELOPMENT ENTITLEMENT GRANT PROJECT ORDINANCE (98-6-22/O-4)

 

BE IT ORDAINED by the Council of the Town of Chapel Hill that, pursuant to Section 13.2 of Chapter 159 of the General Statues of North Carolina, the following grant project is hereby established:

 

 

SECTION I

 

The projects authorized are the Community Development projects as approved by the Council on April 27, 1998: funds are as contained in the Funding Approval and Grant Agreement between the Town and the U.S. Department of Housing and Urban Development (HUD).  The projects are known more familiarly as the 1998 Entitlement Community Development Block Grant.  The grant activities include renovation of public housing, neighborhood revitalization, community services to low-income residents, and administration costs for the program.

 

SECTION II 

 

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

 

SECTION III

 

The following revenues are anticipated to be available to complete this project:

 

            Community Development Block Grant:              $431,000

            Community Development Program Income:                   $  48,000

                                    Total                                                    $479,000

 

SECTION IV

 

The following amounts are appropriated for the project:

 

Rehabilitation of Public Housing:                                                                  $270,000

Neighborhood Revitalization:                                                                       $127,000

Job Training                                                                                                    10,000

Community Services                                                                                   $  10,000

Program Administration                                                                              $  62,000

                                                                                                                                                                                                   Total    $479,000

 

SECTION V

 

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

 

SECTION VI

 

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

 

This the 22nd day of June, 1998.

A RESOLUTION RECOMMENDING THAT THE WEST CHAPEL HILL HISTORIC DISTRICT BE SUBMITTED FOR LISTING IN THE NATIONAL REGISTER OF HISTORIC PLACES (98-6-22/R-9a)

 

WHEREAS, the Council of the Town of Chapel Hill has reviewed the nomination for the West Chapel Hill Historic District and finds that the property meets the criteria for listing in the National Register of Historic Places as stated in Section 8 of the report,

 

NOW THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council recommends that the property be submitted for listing in the Register.

 

This the 22nd day of June, 1998.

 

A RESOLUTION DIRECTING THE TOWN MANAGER TO CONVENE A TECHNICAL REVIEW COMMITTEE TO STUDY AND PREPARE A REPORT REGARDING THE FEASIBILITY OF ESTABLISHING A STORMWATER UTILITY IN CHAPEL HILL  (98-6-22/R-10)

 

WHEREAS, the Chapel Hill Town Council understands the importance of maintaining and improving the Town’s stormwater management systems; and

 

WHEREAS, federal, State, and local regulations are increasing in number and complexity regarding management of stormwater runoff quality and quantity; and

 

WHEREAS, the Council is interested in determining the feasibility of establishing a stormwater utility in Chapel Hill to fund the construction, operation, and maintenance of the community drainage infrastructure;

 

NOW, THEREFORE, BE IT RESOLVED  by the Council of the Town of Chapel Hill that the Council herewith directs the Town Manager to convene a technical review committee to study and prepare a report regarding the feasibility of establishing a stormwater utility in Chapel Hill.

 

This  the 22nd day of June, 1998.

 

Item 2  Information Reports

 

No reports were removed for discussion.

 

Item 3  Boards and Commissions

 

The Council made the following appointments.  Original voting ballots are on file in the Town Clerk’s Office.

 

Citizen’s Technology Committee:          Peter Calingaert, Joel Dunn, William Groves,

                                                            John Oberlin, Douglas Noell, Roscoe Reeve,

                                                            Alan Rimer, Tim Stephens, Richard Taylor,

                                                            Mona Weeks

 

Historic District Commission:    Chris Belcher, Sandra Dunphy, Elizabeth Pringle,

                                                            Donald Stanford

 

 

Housing Advisory Board:                      Yvonne Cleveland, Bobbi Jo Markert,

                                                            Iris Walker, Barry Beggs 

 

Human Services Advisory Board:          Terry Tyson

 

Personnel Appeals Committee:  Willetta Barnhill, Suanne Brooks

 

Public Arts Commission:                       Linda Cocchetto, Hunter Levinsohn, Susan Schwarcz

 

Orange County Economic

Dev. Commission (Recommend.

To County Commissioners)                   Rollie Tillman

 

RESOLUTION 11 WAS ADOPTED BY ACCLAMATION.

 

A RESOLUTION REAPPOINTING A PARKS AND RECREATION COMMISSION MEMBER (98-6-22/R-11)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby reappoints Martin Feinstein to the Parks and Recreation Commission to serve an additional one-year term expiring on June 30, 1999.

 

This the 22nd day of June, 1998.

 

Item 4  Recommended Human Services Performance Agreements

 

Human Services Advisory Board Member Michael Owen  presented an overview of recommended 1998-1999 human services performance agreements.  Mr. Owen noted that the Board recommended funding allocations for twenty-four of the twenty-six agencies seeking Town funding.  Council Member Foy asked why the North State Legal Services program was not recommended for funding.  Mr. Owen responded that these services were provided to a very wide geographic area and it would be hard to determine the percentage of Town residents benefiting from these services. Council Members Evans and McClintock thanked Mr. Owen for all of the Board’s good work.

 

COUNCIL MEMBER BATEMAN MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 12, APPROVING 1998-99 FUNDING FOR PERFORMANCE AGREEMENTS WITH HUMAN SERVICE AGENCIES AS RECOMMENDED BY THE HUMAN SERVICES ADVISORY BOARD. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION APPROVING 1998-99 FUNDING FOR PERFORMANCE AGREEMENTS WITH HUMAN SERVICE AGENCIES AS RECOMMENDED BY THE HUMAN SERVICES ADVISORY BOARD (98-6-22/R-12)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the following appropriations for performance agreements with human service agencies in 1998-99 to address the community human service needs identified by the Human Services Advisory Board:

 

AGENCY                                                                                                              AMOUNT

Alternative Sentencing

2,800

Charles House

4,000

Coalition for Battered Women

14,600

Communities in Schools

4,000

Community School for People Under 6

7,000

Day Care Services

8,600

Dispute Settlement Center

6,000

Family Counseling Service (CHANGE)

3,000

Freedom House

12,000

KidSCope

4,000

Meals on Wheels

3,000

Mental Health Association

5,000

Middle School After School Program

35,000

North State Legal Services

-

Orange County Disability Awareness Council

500

Orange County Literacy Council

6,000

Orange County Rape Crisis Center

12,000

Pines of Carolina - Girl Scouts

-

Planned Parenthood

1,500

Street Scene Teen Center

5,000

The Arc

8,000

The Women’s Center

10,000

Triangle Hospice

4,000

Triangle Radio Reading Service

2,000

TROSA

4,000

Volunteers for Youth

5,500

 

 

TOTAL

$167,500

 

BE IT FURTHER RESOLVED that the Council hereby approves, and authorizes the Manager to execute on behalf of the Town, agreements with the above agencies for services described in the Human Services Advisory Board’s report on June 22, 1998.

 

This the 22nd day of June, 1998.

 

Item 5  Response to letter from Orange County Regarding Solid Waste Matters

 

Solid Waste Director Gayle Wilson presented a brief summary of options for addressing major solid waste issues currently facing local governments in Orange County.  Mr. Wilson also briefly outlined the background for the recommendations from the Town staff, in response to the letter to the Orange County Commissioners recent letter regarding solid waste matters.  He noted that there were three potential sites before the Landfill Owners Group (LOG):  a) an extension of the present construction and development (C&D) site onto land owned primarily by Ms. Blackwood;  b) the Greene tract; and  c) a site within two miles of the present landfill, which was being offered for sale.

 

Noting that Ms. Blackwood did not wish to sell her land for use as a landfill, and the LOG was not recommending the Greene tract be used for a C&D landfill, a materials recovery facility or a transfer station, Mr. Wilson stated that staff was recommending that the third site be acquired for use as a C&D landfill.  Mr. Wilson also noted that staff recommended a site next to the landfill on Eubanks Road be purchased for siting a materials recovery facility (MRF), using the power of eminent domain, if necessary.  He noted that funds from the Landfill Fund Reserve could potentially be used to finance the acquisition of both sites.

 

Mr. B.B. Olive addressed the Council with his concerns that alternative processes for processing of waste should be considered before any final decisions were made.  Mr. Olive urged the Council to involve citizens having significant professional expertise in solid waste related matters.

 

Council Member McClintock inquired whether or not there would be a need for a joint public hearing regarding the proposed construction and demolition facility.  Mr. Karpinos said there was no statutory requirement to hold a public hearing regarding the siting of construction and demolition landfills.  Council Member McClintock inquired whether or not all local governments were being asked to endorse the recommendation as the best option.  Mr. Horton said he believed that the staff’s recommendation was the best option.

 

Council Member Brown noted that she had a possible change to the proposed resolution.  Council Member Evans noted that she favored the elimination of the Greene tract from consideration for future solid waste uses.  She also suggested that the Council look at eminent domain options as a last resort.

 

Mayor Waldorf inquired how much of the Blackwood land was needed for a C&D facility.  Mr. Wilson said that approximately eighty acres would be needed.   Mayor Waldorf inquired when the C&D facility would begin to pay for itself.  Mr. Wilson said within three years.  He stated that third year revenues would exceed operating costs by $400,000 to $500,000.

 

Council Member Pavao inquired whether staff or the Landfill Owners Group (LOG) had examined the possibility of building a transfer station or materials recovery facility at the capped landfill on Eubanks Road.   Mr. Wilson said neither the LOG or staff had investigated these
possibilities.  Council Member Pavao said that there were facilities of this type in Virginia and South Carolina.  Mr. Wilson noted that it was very difficult to site these types of facilities on unlined landfills.

 

Council Member Foy said a fundamental issue was the financing of operations.  Council Member Foy also said that it made the most sense for Orange County to finance these operations.  Council Member Capowski said he hoped that the Town could control mixed solid waste operations.   Council Member Brown noted that the Financing Committee was reviewing this matter. 

 

Council Member Brown said she had put together a memorandum regarding the Town staff’s response to the Orange County Commissioner’s letter regarding solid waste matters.  Council Member Brown said that she questioned the letter’s reference regarding methods of financing not currently available to local governments.  Mayor Waldorf noted that the Orange County Board of Commissioners and the Carrboro Board of Aldermen were scheduled to make appointments to the Neighborhood Benefits Financing Committee this evening.  She suggested that the Council give some direction to Council Members Foy and Wiggins, about “double taxation” concerns relative to solid waste financing.

 

Referencing point A8, Council Member Evans said that the Town might need to use the power of eminent domain to acquire future landfill sites.

 

Referencing the timing of transfer of solid waste operations, Council Member Foy said that the Orange County Commissioners had held a work session on June 15th and intended to have a formal proposal by the Fall.

 

Council Member McClintock said she did not want to rule out the Greene tract for solid waste uses.  She noted that all three local governments had to agree upon the location of the construction and demolition (C&D) waste facility.   Council Member Brown noted that the Council had voted to defer action on the Northwest Small Area Plan until the Greene tract’s future use was decided.

 

Mayor Waldorf inquired whether the Council wished to conclude the discussion of solid waste matters this evening or at a future Council meeting.  There was Council concurrence to continue discussions at a future meeting.

 

Item 6  Status report of Noise Ordinance Study Committee

 

Ruby Sinreich stated that the charge of the Noise Ordinance Committee was to address industrial noise concerns.  Ms. Sinreich urged the Council to have the Committee maintain this single focus.  Council Member Brown noted that the Committee was addressing institutional and not industrial noises and that the committee was staying within its charge.

 

 

 

 

 

SUMMARY MINUTES OF A REGULAR MEETING OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA

MONDAY, JUNE 22, 1998, 7 P.M.

 

Mayor Waldorf called the regular business meeting to order at 7:19 p.m.

 

Item 1  Ceremonies

 

Mayor Waldorf presented the Medal of Honor to Police Officer Troy Smith for his efforts in preventing an attempted suicide.  Office Smith thanked the Mayor and Council and all of the civilians who had helped him in rescuing the suicidal person.

 

Item 2  Public Forum on Draft 2025 Regional Transportation Plan Housing

and Employment Projections

 

Senior Transportation Planner David Bonk presented an overview of the recommendations. He noted that the maps on pages 11, 12, 14, and 15, were incorrect, while the maps on pages 13 and 16 were correct. 

 

There were no public comments.

 

Council Member Evans said that it would be very helpful to have a map showing the Chapel Hill Township boundaries.  Council Member Capowski requested maps showing increases in impervious surface, traffic-related pollution and congestion.  Council Member  Foy asked whether or not the Transportation Board had expressed concerns regarding assumptions about average household size.  Mr. Bonk said that the average number of occupants per household was declining, with more retirees moving into the Town.

 

Item 3  Petitions

 

Paul Wilson, Secretary of the Lake Ellen Homeowners’ Association, presented a videotape to the Mayor and Council depicting the Association’s concerns about stormwater runoff and the inadequacy of erosion and sedimentation controls in the Booker Creek watershed.  Mr. Wilson stated that sediment from five active construction sites had washed into Booker Creek due to inadequate or improperly maintained erosion and sedimentation controls.

 

Mayor Waldorf noted that she had written a letter to the local legislative delegation outlining concerns about the Department of Transportation’s erosion and sedimentation control practices for the NC 86 roadway improvement project.

 

Council Member McClintock suggested that the Council refer the matter to staff for a follow-up report about how to address citizen concerns about erosion and sedimentation controls in the Booker Creek watershed.

 

Noting that the proposed Meadowmont project would be of a significant scale, Council Member Capowski requested a staff report on why erosion and sedimentation control measures were not effective in the northern portion of the Town.

 

Council Member Foy suggested that the Town have stronger enforcement mechanisms for erosion and sedimentation controls.  Noting that Orange County enforced erosion and sedimentation control standards, Mayor Waldorf said she would forward a letter and a copy of Mr. Wilson’s videotape to the Orange County Board of Commissioners requesting their assistance in addressing these concerns.

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO REFER THE MATTER OF SOIL EROSION TO THE TOWN MANAGER.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0)

 

Susan Franklin-Fulton requested that the Council review and respond expeditiously to the possible settlement of Meadowmont-related matters.  Ms. Franklin-Fulton said that residents of Pinehurst Drive were requesting that the proposed Pinehurst Drive connector not be opened until all stages of the Meadowmont development were completed, including the proposed school. 

 

COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO RECEIVE, REVIEW AND RESPOND TO THIS PETITION, WITH THE COUNCIL DEVELOPING ITS RESPONSE IN CLOSED SESSION, DUE TO PENDING LITIGATION.

 

Council Member McClintock said that she favored the Council considering these matters in a public session.  Mr. Karpinos advised the Council that it would be preferable to discuss the matter in closed session, due to pending litigation.  Council Member McClintock inquired whether there were any legal prohibitions to discussing the matter in public.  Mr. Karpinos said there were no such prohibitions.

 

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER McCLINTOCK, A SUBSTITUTE MOTION THAT THE COUNCIL GO INTO CLOSED SESSION THIS EVENING, TIME PERMITTING, TO RECEIVE THE TOWN ATTORNEY’S REPORT AND DISCUSS A RESPONSE TO MS. FRANKLIN-FULTON’S PETITION IN OPEN SESSION AT A COUNCIL MEETING IN THE NEAR FUTURE. 

 

THE MOTION TO SUBSTITUTE PASSED BY A VOTE OF 5-4, WITH COUNCIL MEMBERS BATEMAN, BROWN, CAPOWSKI, FOY AND MCCLINTOCK VOTING YES AND MAYOR WALDORF AND COUNCIL MEMBERS EVANS, PAVÃO, AND WIGGINGS VOTING NO.

 

THE MAIN MOTION WAS VOTED UPON, AND APPROVED BY A VOTE OF 5-4, WITH COUNCIL MEMBERS BATEMAN, BROWN, CAPOWSKI, FOY AND MCCLINTOCK VOTING YES, AND MAYOR WALDORF AND COUNCIL MEMBERS EVANS, PAVÃO AND WIGGINS VOTING NO.

 

A letter in the form of a petition was received from Kenneth Cohen, regarding parking on Greenwood Street on football game days.

 

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO RECEIVE AND REFER DR. COHEN’S LETTER TO TOWN STAFF.  THE MOTION WAS ADOPTED UNANIMOUSLY. (9-0)

 

There were no petitions from the Mayor or Council Members or the Manger or Attorney.

 

Item 4  Status Report by Triangle Transit Authority

 

Rachel Willis, Vice-Chair and the Town’s representative on the Triangle Transit Authority (TTA) Board of Directors, and James Richey, Director of the TTA, presented an overview report of TTA’s recent activities.   Mr. Ritchey reported that TTA currently had 25 peak-hour buses and shuttle vans and 46 van pools in operation.  He noted that fifty peak-hour buses or shuttle vans would be in operation by the year 2000.   Mr. Ritchey also said that the second phase of the regional transit plan was well underway, with federal financing falling into place, while the status of State funding was somewhat less certain. 

 

Council Member Capowski inquired whether there were any cost estimates for completing the Town’s linkage to the proposed light rail system.  Mr. Ritchey said the estimated cost for completing the rail linkage between Durham and the Town was in the range of $150 to $200 million.

 

Mayor Waldorf said she hoped that there would be service to the Raleigh-Durham Airport in the near future.

 

Ms. Willis noted that while Orange County paid approximately 11% of TTA’s local expense, it received about 25% of TTA’s total services.  She also stated that TTA would be adding a Mobility Manager position and another position to work with large institutional employers.

 

Mr. Ritchey said that there were presently 150 patrons per day on average using TTA bus services between the RDU  Airport  and the Research Triangle Park.   He noted that there were future plans to add evening and weekend bus service between the Airport and the Research Triangle Park.

 

Item 5  Adoption of a sidewalks and bicycle facilities plan

 

Chapel Hill Long Range Coordinator, Chris Berndt, gave an overview presentation of the planning principles and new ranking system and of possible sidewalk projects, including:  Piney Mountain Road, Willow Drive, East Franklin Street from the Old Lowes Store to the Eastgate Shopping Center, and Old Oxford Road.  Ms. Berndt said that the remaining balance of $171,000 could be used for sidewalks along Weaver Dairy Road and Kingston Drive.  Ms. Berndt said staff recommended adoption of Resolution 13.

 

Mindy Gellin, a resident of Kingston Drive, said that most of the residents wanted a sidewalk with curb and gutter, rather than an asphalt path.  Ms. Gellin also said that Kingston Drive residents would appreciate the Council’s assistance in installing sidewalks or a pathway.

 

Richard Fox, a Kingston Drive resident and a spokesperson for other residents, also encouraged the Council’s approval of sidewalks along Kingston Drive, specifically curb and gutter rather than asphalt.  He noted that Kingston Drive is a busy road with many pedestrians.

 

Joan Bartel, a South Columbia Street resident, said that residents of South Columbia Street had made three or four requests for sidewalks along their street which was not listed in the rankings.  Ms. Bartel also suggested that the Council consider redefining school routes and adding another category for access to public transit.

 

Mayor pro tem Capowski noted that they had made an agreement with NCDOT to work on South Columbia Street.

 

Council Member Brown asked about the status of the South Columbia Street project.

 

Mr. Horton said that Town engineers have contacted NCDOT engineers and have learned that the project had not been assigned to anyone yet.

 

Council Member Brown requested a staff report on the status of the NCDOT improvement project on South Columbia Street.

 

Mayor Waldorf concurred.

 

Mr. Horton suggested that Mayor Waldorf could write a letter to NCDOT Secretary Tolson to get a status report regarding the improvements to South Columbia Street agreed upon between the Department of Transportation and the Town.

 

Council Member Wiggins said she favored keeping Kingston Drive sidewalks in the proposed resolution.  She said that she did not understand why major safety concerns was not one of the criteria that would have a score assigned to it.  Council Member Wiggins said that, if this were a scored criteria and not just a principle, Kingston Drive would be near the top of the list for sidewalk improvements.  She noted that Kingston Drive is a dangerous place for pedestrians as it is a very narrow road with numerous cars and pedestrians.

 

Council Member Evans said that, in regards to the new ranking system, although it was easy to get support in residential areas.  She noted that in the Downtown area it is more difficult to get support because many students did not know about the Town’s process for prioritizing sidewalk projects.  Council Member Evans suggested that, in the central business district, the public interest be ranked a little lower.  She also suggested that lack of support be considered as well.  Council Member Evans noted that the Council had received two letters which asked that the Town not to improve the sidewalks on University Drive from Pittsboro to Ransom Street as such improvements would hurt the historic nature of the area.  She said that it seemed logical to build a concrete sidewalk when the Town curbs and gutters a road and that, if the Town is not curb and guttering a road, an asphalt sidewalk is better.  Council Member Evans also said she favored dropping the University Drive sidewalk proposal from the list and giving high priority to the infill sidewalk project on Roberson Street between Cameron and Franklin Streets and the central business district.

 

Council Member Brown said that she agreed that citizen support and lack thereof should be considered.  She also said that, since some residents of University Drive did not want the sidewalks, this $9,000 in funding could be used for the Kingston Drive sidewalk project.  Council Member Brown said that she thinks the Council needs to go ahead with a project on Kingston Drive.

 

Mayor Waldorf said that she believe that the Council has moved ahead when the Council approved the budget with an additional $53,000 for sidewalk improvements.

 

Council Member Foy said he would like to know the difference in cost between curb and guttered and asphalt sidewalks for Kingston Drive. 

 

Mayor Waldorf said that she was in favor of asking for those figures.

 

Council Member Foy said that he would like the Bicycle Task Force to realize the Council’s timeline for considering budget requests for next year.  He noted that there were no bikeways requests on this year’s budget.  Council Member Foy said that he would like to see requests from the Bicycle Task Force in next year’s budget.

 

Mayor Waldorf said that she agreed.

 

Mayor Waldorf led the Council through the resolution.

 

CONSTRUCTION PROJECTS

 

PINEY MOUNTAIN ROAD

The Council agreed that they were committed to complete this project.

 

WILLOW DRIVE

Mayor Waldorf said that sidewalk improvements along Willow Drive were necessary in conjunction with other road and bridge improvements.  Mr. Horton agreed that it was the best time to do this.

 

Council Member Evans noted that Willow Drive is a bus route and that buses do considerable damage to the roads.  She also said that it is appropriate to put in curbs and gutters and concrete sidewalks.

 

The Council agreed.

 

EAST FRANKLIN STREET

The Council agreed to move ahead with this infill project.

 

OLD OXFORD ROAD

The Council agreed to move ahead with this project.

 

ROBERSON STREET

The Council agreed to move ahead with this project and to include the small infill spot between Cameron and Franklin Streets.

 

UNIVERSITY DRIVE

Mayor Waldorf asked if the Council wanted to delete this project from the resolution.

 

Mayor pro tem Capowski said that he favored keeping the University Drive sidewalk project in the budget, given its high level of pedestrian usage and its bad shape.

 

Council Member Evans said that the Council should heed the requests of citizens who want and request sidewalks rather than do unwanted work.  She suggested that the Town maintain the existing Chapel Hill gravel sidewalks on University Drive.

 

Council Member Brown noted that in the past the Council directed the staff to redo the Chapel Hill gravel sidewalks in that neighborhood.  She said that she strongly supports removing University Drive from the resolution.

 

The Council, with the exception of Mayor pro tem Capowski, agreed to delete University Drive from the resolution.

 

PRELIMINARY DESIGN WORK

 

WEAVER DAIRY ROAD

The Council agreed to keep this project in the resolution.

 

KINGSTON DRIVE

Mayor Waldorf suggested that Kingston Drive be added to the resolution.

 

Council Member McClintock asked if the Council votes for adding Kingston Drive as “preliminary design work”, would there be plenty of money left to build something on Kingston Drive.  Mr. Horton replied that there would be enough money depending on whether they choose asphalt or curb and gutter.  He said that we know that, if we contracted out, curbs and gutters would cost $100,000.  Mr. Horton said that one possibility is to build it next year with a new crew for a lesser sum.

 

Council Member McClintock said that she does not see much pedestrian traffic on Weaver Dairy Road.

 

Mayor Waldorf said that the sidewalks on Weaver Dairy Road should be finished because of the large number of school children who walk along Weaver Dairy.

 

Council Member McClintock asked if they walked along the section in question.  Mayor Waldorf replied that “they would if they could.”  She noted that they walked along the rest of it.  Mayor Waldorf also noted that children who go to the charter school in the Cedar Village Shopping Center cross the road there and need a clearer way to get to the park.

 

Council Member Wiggins asked if they were adding Kingston Drive.  Mayor Waldorf replied that she suggested that they add Kingston Drive.

 

Mayor Waldorf asked if “preliminary design work” meant that the staff would come back to the Council for final approval with cost estimates.  Mr. Horton said that it did.

 

Marsha Kann, a Kingston Drive resident, asked to address the Council at this point.  She said that asphalt might wash away during heavy rain events along Kingston Drive that has a significant slope.  Ms. Kann suggested using curb and guttered sidewalks and raising the pavement encompassing at bus stops along Kingston Drive to enhance the safety of children.

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT RESOLUTION 13 AS AMENDED.

 

Council Member McClintock asked that, when the Kingston Drive report comes back, different options be presented, such as having sections that are curbed and guttered and the rest Chapel Hill gravel.  She said that the reason she asked this was so the Council could determine what would be best for Chapel Hill in the long haul.

 

RESOLUTION 13, AS AMENDED, WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION DIRECTING THAT TOWN FUNDS BE USED TO CONSTRUCT SIDEWALK ALONG PINEY MOUNTAIN ROAD, WILLOW DRIVE, EAST FRANKLIN STREET, OLD OXFORD ROAD, AND ROBERSON STREET

(98-6-22/R-13)

 

WHEREAS, the Council of the Town of Chapel Hill has proposed $50,000 in the Capital Improvements Program for pedestrian projects in the 1998-99 fiscal year, and $111,000 in reappropriated funds from the 1997-98 Capital Improvements Program for pedestrian projects; and

 

WHEREAS, the Council has $125,000 remaining from the first allocation of 1996 Bond funds to be used for sidewalk and bicycle projects during the next fiscal year; and

 

WHEREAS, the Council has reviewed projects for possible use of these funds;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that 1998-99 Capital Improvements Program funds, reappropriated funds from the 1997-98 Capital Improvements Program and the remaining funds from the first allocation of the 1996 Bond funds be used to construct the following pedestrian sidewalk projects:

 

·        Piney Mountain Road sidewalk from Louis Armstrong Court to Emily Road;

·        Willow Drive sidewalk between Fordham Boulevard and Booker Creek bridge;

·        East Franklin Street infill sidewalk on southside at 1700 block; and

·        Old Oxford Road sidewalk between Elliott Road and Oxford Hills Subdivision.

 

And to construct the following sidewalks as time permits after completion of the above projects:

 

·        Roberson Street sidewalk between Rosemary Street and Franklin Street, including the small infill spot between Cameron Street and Franklin Street.

 

And preliminary design work for the following project:

 

·        Weaver Dairy sidewalk between Sunrise and Kingston Drive; and

·        Kingston Drive.

 

This the 22nd day of June, 1998.

 

Council Member Evans asked if the suggestions to the proposed ranking system would be included.

 

Mayor Waldorf asked what the Council wanted to do with those suggestions.

 

Council Member McClintock requested that the Council discuss the suggestions for the ranking system at a later time.  The Council agreed.

 

 

Item 6  South Columbia Street Condominiums application for Zoning Atlas Amendment and Special Use Permits

 

Mr. Waldon presented a brief overview of the project proposal.

 

Rolland Gammon, the applicant, presented a brief overview of his project proposal.

 

Scott Radway, the project’s consulting engineer, said that there had been changes in conditions since the property was purchased which warranted reexamination of the project’s zoning.  Mr. Radway also noted that the applicant’s proposed buffer would be fifty percent wider than the Town’s standard requirements.

 

Anne Seymour, a Westwood Drive resident, expressed concern that the applicant’s projected traffic volume for the proposed project was very low.  Ms. Seymour urged the Council to not vote in favor of the proposed rezoning or project because the project was not in scale with existing buildings in the area.

 

Marjorie Carlstein, a resident of Smith Avenue, presented a petition signed by 101 area residents, including ninety-two property owners, opposing the proposed rezoning and project.  Ms. Carlstein urged the Council to vote no on the proposed rezoning and project.

 

Laurie Evans, a resident of Pine Bluff Trail, said that the proposed scale of the project’s building was not in keeping with the neighborhood’s scale or character.  Ms. Evans urged the Council to keep the neighborhood’s character by voting against the project as proposed.

 

Nancy Oates, a resident of Coolidge Street, suggested that Mr. Gammon build small single-family homes, rather than apartments.  Ms. Oates said she had concerns about parking, density and noise.

 

Joan Bartel asked the Mayor and Council to consider the impact of the proposed development on Morgan Creek.  Ms. Bartel requested that the Town consider purchasing Mr. Gammon’s property for use as open space.

 

Elaine Barney, a resident of Westwood Drive, said although she was supportive of more affordable housing in the Town, she did not feel that the long box-like building proposed by Mr. Gammons would be in keeping with the area’s character . Ms. Barney requested that the Council vote against the proposed project.

 

Mr. Radway stated the proposed project was only 170 feet long, rather than 270 feet long, as referenced by an earlier speaker.

 

Council Member McClintock inquired about other possible lower density uses of the property.   Mr. Waldon briefly reviewed lower-density options for the subject property. 

 

Council Member McClintock asked how clustering could be accomplished.  Mr. Waldon responded that, because “the Council is necessarily in a reactive mode,” it cannot initially dictate a particular design.

 

Council Member McClintock stated that she wanted a development that was not as large as the applicant’s proposal and that was not necessarily divided up evenly into little plots.  Mr. Waldon stated that the size of the parcel and the zoning it covers would allow about 10 to 12 dwelling units, depending on their design.

 

Council Member McClintock inquired if the development could be considered a small apartment building.  Mr. Waldon clarified that it could not because multi-family dwellings are not permitted in R-2 zoning except as a planned development which requires at least five acres.

 

Mayor pro tem Capowski said he would support a project of up to eleven clustered dwelling units of about fifteen hundred square feet each. He felt that the intersection needs to be stabilized.  Mayor pro tem Capowski inquired how the Council could accomplish a project which meets the considerations just mentioned.  Mr. Waldon clarified that with conditional use zoning, the applicant requests rezoning and voluntarily proposes conditions to that request, as this applicant has done.  He noted that the Council cannot unilaterally impose such conditions on the application.  Mr. Waldon stated that the applicant can voluntarily suggest conditions which meet the specifications suggested by Mayor pro tem Capowski.  He recommended that, if the conditions in the application are not acceptable, the Council refer the application back to the applicant and to staff to consider other options.

 

Council Member Foy said that he supported the R-2 zoning but thought that single-family dwellings were inappropriate.

 

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO REFER THE PROJECT BACK TO TOWN STAFF, FOR DEVELOPMENT OF A FOLLOW-UP REPORT, CONSIDERING CITIZEN AND COUNCIL COMMENTS.

 

Mr. Karpinos requested that the Council specify a date certain in the motion for the staff’s follow-up report.

 

Council Member Evans said that there were a number of people who would be interested in buying condominiums within walking distance of UNC Hospitals.  She said that she does not support single-family dwellings.

 

Council Member Brown inquired whether there was a limitation on the number of bedrooms permitted by existing zoning.   Mr. Waldon said that there was a limitation on the amount of floor area.

 

Council Member Brown requested that townhouses, as well as condominiums, be considered in the follow-up report.

 

Mayor Waldorf inquired whether or not Mr. Gammon would be willing to consider reducing the project’s density.  Mr. Gammon said he would be willing to reduce the project’s density. 

 

Mayor Waldorf inquired when staff could schedule this item for follow-up consideration by the Council.  Mr. Horton said this would be contingent upon whether or not changes to the project were significant and whether or not the project had to be reviewed again by various Town advisory boards and commissions.

 

Mayor Waldorf noted that she supports a multi-family dwelling rather than scattered duplexes, but it’s too big.

 

Council Member McClintock asked for clarification of the motion on the floor, specifically did it include a specification of the number of units per acre or zoning.  Council Member Foy repeated his motion to refer the project back to the staff and applicant for a follow-up report considering Council and citizen comment.

 

Council Member McClintock requested that the motion specify an intensity cap of R-2.  Council Member Foy agreed.

 

Council Member Evans, the seconder, stated that she did not want to limit the applicant.

 

Mr. Horton asked the Town Attorney if the Council was contemplating a change so significant that it would need to go through the public hearing process again.  Noting that the applicant would not be required to submit an amended application, Mr. Karpinos said that a new public hearing would not be necessary. 

 

Mr. Horton said that Town staff could prepare a follow-up report for the Council’s September 28th business meeting. 

 

Mr. Gammon protested the imposition of an intensity cap in the motion. 

 

Council Member McClintock said she favored R-2 zoning in a cluster-type development. 

 

Expressing concern that the applicant was not being given sufficient flexibility, Council Member Evans withdrew her second of the motion on the floor.

 

Council Member Bateman stated that she supports the inclusion of an intensity cap in the motion so that the applicant knows what the Council would approve and thereby expedite the process.

 

COUNCIL MEMBER FOY MOVED, SECONDED BY MAYOR PRO TEM CAPOWSKI, TO REFER THE PROJECT BACK TO THE TOWN STAFF FOR A FOLLOW-UP REPORT CONSIDERING CITIZEN AND COUNCIL COMMENTS, TO LIMIT THE PROJECT’S INTENSITY OF USE TO USE BY RIGHT IN R-2 ZONING, AND TO SCHEDULE A FOLLOW-UP REPORT FOR THE SEPTEMBER 28TH AGENDA.  THE MOTION PASSED BY A VOTE OF 7-2, WITH MAYOR WALDORF, COUNCIL MEMBERS BROWN, BATEMAN CAPOWSKI, FOY, MCCLINTOCK, AND WIGGINS VOTING YES, AND COUNCIL MEMBERS EVANS AND PAVÃO VOTING NO.

 

Item 7  UNC Cogeneration Facility application for Special Use Permit modification

 

Mr. Waldon noted that staff recommended the adoption of Resolutions 13a and 13b.

 

John Masson, the project’s engineer, said that the University’s existing back-up boiler unit was at the end of its useful life.   He noted that the new boiler would be installed in an existing building and the existing stack would be reused.   Mr. Masson also said that there had been no neighborhood opposition to the proposed special use permit modification.   Noting that the
project would take approximately two years to complete at a cost of about $10 million, Mr. Masson requested that the Council approve the requested special use permit modification this evening.

 

Council Member Brown asked why the special use permit contained so many references to coal, since the boiler would be fueled by natural gas.  Mr. Horton said the existing special use permit was being modified and these references were for the entire project.  Council Member McClintock inquired about the timeframe for the silo project.  Mr. Horton said the boiler plant project would take two years to complete, with the silos project taking another two years, following completion of the first project.   Council Member McClintock asked whether it was correct that a Town staff member would design landscaping plans for the project. Mr. Horton said that the Town’s Landscape Architect would design the landscaping plans.   Council Member McClintock inquired about the possibility of keeping language in stipulation number thirteen, regarding toxicity testing of ash.  Mr. Waldon said this language could be kept in the stipulation, if the Council chose to do so.  There was Council concurrence to keep the language in stipulation thirteen.

 

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO CLOSE THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY. (9-0)

 

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

 

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR THE UNC-CHAPEL HILL COGENERATION FACILITY (File Number 92.H.2) (98-6-22/R-16a)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council finds that the Special Use Permit Modification proposed by the University of North Carolina at Chapel Hill, on property identified as Chapel Hill Township Tax Map 92, Block H, Lot 2, if developed according to the site plan dated January 31, 1998, and the conditions below:

 

1.                  Would be located, designed and proposed to be operated so as to maintain or promote the public health, safety and general welfare;

2.                  Would comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Articles 12, 13, 14 and 18, and with all other applicable regulations;

3.                  Would be a use or development that is a  public necessity; and

4.                  Would conform with the general plans for the physical development of the Town as embodied in the Development Ordinance and the Comprehensive Plan.

 

BE IT FURTHER RESOLVED that the Council finds, in this particular case, that the following modifications to the regulations satisfy public purposes to an equivalent or greater degree:

 

1.                  Modification of Subsection 13.11.2 of the Development Ordinance to allow 90,035 square feet of floor area.

2.                  Modification of Subsection 13.11.2 of the Development Ordinance to allow 175,435 square feet of livability space.

 

BE IT FURTHER RESOLVED that the Council hereby approves the application for Special Use Permit Modification for the UNC-Chapel Hill Cogeneration Facility in accordance with the plans listed above and with the conditions listed below:

 

Stipulations Specific to the Development

 

1.                  That construction begin by June 22, 2000 (two years from the date of Council approval) and be completed by June 22, 2002 (four years from the date of Council approval).

2.                  That this Special Use Permit Modification authorizes the construction of a new back-up boiler unit at the Cogeneration Facility, identified as Boiler #8.

3.         Sidewalk:  That a paved sidewalk be provided along the site’s frontage with Cameron Avenue.

3.                  Stormwater Retention:  That on-site stormwater retention basins be provided and maintained so as to retain the first inch of stormwater runoff.

Stipulations Related to Landscape Elements

4.                  Landscape Plans:  That the Appearance Commission Town Manager shall review and approve the detailed landscape plans.

5.                  Landscape Bufferyards:  That a Type C buffer be provided along the site’s boundary with McCauley Street and site boundaries adjacent to the coal storage area in the southeast corner of the site, such plantings to be completed within 18 months of approval of this application.

6.                  Plantings:  That landscaping consisting of a combination and spacing of canopy trees, understory trees, and shrubbery appropriate to the provision of intermittent visual obstructions from the ground up to a height of at least 20 feet be provided along the site’s eastern, northern, and western boundaries, such plantings to be completed within 18 months of approval of this application.

Stipulations Related to Design Elements

7.                  Buildings/Facilities:  That the Appearance Commission Design Commission shall review plans for the buildings and facilities on this site and make recommendations to the University regarding the aesthetic suitability of the plans.

8.                  Painting of Buildings:  That the detailed building elevations to be approved by the Town Manager Design Commission prior to issuance of a building permit take into consideration a painting scheme to enhance the appearance of the buildings.

9.                  Architectural Design:  That the University prepare plans for the external design for the Power Plant that minimize the scale of the buildings and structures by the use of surface articulation, as defined by the use of architectural detail and forms such as window, color, or other appropriate means that serve to break up the visual impact of large masses.  Such plans will serve to integrate the appearance of the Power Plant with surrounding residential areas so that the use and development will maintain or enhance the value of contiguous property.

10.              Structure Design:  That structures on the site be designed such that all handling of coal, limestone and ash is done within enclosed structures.

Stipulations Related to Environmental Issues

12.       Methods of Disposal:  That alternative methods of disposal (other than landfilling) for the spent lime/ash mixture be investigated and a report submitted to the Manager outlining the advantages and disadvantages of each alternative.  For each alternative found to be technologically, economically, and environmentally feasible, a detailed study shall be conducted to determine the viability of the alternative.  The results of these studies shall be reported to the Manager before issuance of a Zoning Compliance Permit.

13.       RCRA Tests:  That appropriate leachability, corrosivity, and toxicity tests as described in the Federal Resource Conservation and Recovery Act (RCRA) be conducted on lime/ash mixture from a pilot or similar plant and the results submitted to the Manager before issuance of a Zoning Compliance Permit.  If the results of these tests demonstrate that this material is hazardous as defined by RCRA, then an alternative to landfilling must be approved by the Manager before issuance of a Zoning Compliance Permit.  If the landfilling option is selected, such tests shall be repeated on actual lime/ash from the plant, and if the wastes are shown to be hazardous, then an alternative disposal method shall be selected and implemented within 30 days.

11.              Groundwater Contamination:  That if any groundwater contamination is uncovered at the landfill which can reasonably be attributed to disposal of material from the power plant, then the University shall be responsible for any required remedial action.

12.              Waste Ash:  That all waste ash from the plant shall either be transported in tanker trucks, or wetted down and transported in covered trucks or rail cars.

13.              Emissions: 

A.                 That visible emissions from truck unloading of plant material into the landfill shall not cause opacity exceeding 20 percent as determined by U.S. Environmental Protection Agency (EPA) Method 9.

B.                 That visible emissions from rail car unloading, crushing, truck loading and unloading, conveying (including transfer points), bucket elevators, front-end loading, stockpiling, storage bins, and storage piles shall not exceed 10 percent opacity as determined by EPA Method 9.

C.                 That roads within the plant shall be maintained to minimize fugitive dust emissions by paving, surfactant treatment, or other suitable method.

D.                 That no fugitive particulate matter emissions shall be visible beyond the property line of the power plant.

14.              Environmental Regulations: That a violation of any Federal, State or local environmental regulation or permit condition be reported to the Manager within 7 days of noncompliance along with a report of proposed remedial action.

15.              Noise Control:  That the development comply with the Town’s Noise Control Ordinance, as now constituted in Section 11-37 et. seq. of the Code of Ordinances and as amended in the future.

Miscellaneous Stipulations

16.              Special Use Permit Modification:  That any proposed future addition of boilers or other plant facilities be considered a modification of this Special Use Permit and require Council approval in accord with Town regulations.

17.              Final Plans:  That the final plans to be approved by the Town Manager before issuance of a Zoning Compliance Permit (detailed site plan, utility plan, stormwater management plan) conform to plans approved as part of this application and demonstrate compliance with all applicable conditions and the design standards of the Development Ordinance and the Design Manual.

18.              Construction Management Plan:  That a Construction Management Plan shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.  The Construction Management Plan shall address transportation of personnel and materials to and from the site during construction, construction-related parking, handling of materials, and hours of construction activity.

19.              Construction Sign Required:  That the applicant post a construction sign that lists the property owners’ representative, with a telephone number, the contractor’s representative, with a phone number, and a telephone number for regulatory information at the time of issuance of a Zoning Compliance Permit.

20.              Silt Control:  That the applicant take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.

21.              Continued Validity:  The continued validity and effectiveness of this permit is expressly conditioned upon the continued compliance with the plans and conditions listed above.

22.              Non-Severability:  If any of the above conditions is held invalid, this approval shall be void.

 

BE IT FURTHER RESOLVED that the Council hereby approves the application for Special Use Permit Modification for the UNC-Chapel Hill Cogeneration Facility in accordance with the plans and conditions listed above.

 

This the 22nd day of June, 1998.

Item 8  The Little Property Application for Special Use Permit Modification

 

Mr. Waldon said that Town staff recommended Council adoption of Resolution 17a, with one minor modification regarding utility lines.

 

Council Member McClintock expressed concern that the major egress for the subject property accessed Franklin Street.   She said that Town transportation staff projections had indicated that levels of service at intersections along Franklin Street would slip from A, B and C to D, E and F.  Council Member Capowski expressed concern about the failure of key intersections along Franklin Street due to additional traffic in the future.  Mayor Waldorf noted that the Council’s options were limited, short of widening Franklin Street or making major improvements at intersections along Franklin Street.

 

William Ford, representing Ford Whitely Properties, the applicant, said that the project’s traffic engineering consultant, Mr. Horn, had reviewed the traffic volume projections for the building’s former tenant, Lowes, and compared it to the proposed future use as a Staples Office Supply store.  Mr. Ford said that Mr. Horn’s projections were that the proposed new use would increase traffic volume from the site by 186 vehicles per day, based on a worst case scenario.

 

Council Member Foy asked whether the applicant was willing to stipulate low-impact retail uses of the other rental spaces on the site.  Mr. Ford said that the scale and type of projected uses would not necessitate a great deal of parking spaces.  He stated that the project’s parking lot would effectively serve as overflow parking for the Village Plaza shopping center.

 

Council Member McClintock inquired about the possibility of installing a median along Franklin Street.   Council Member Brown said that there would be future traffic problems in this area, and by rejecting the Department of Transportation’s right-of-way request, the Town was cutting off its ability to meet future traffic management needs.   Council Member Brown also said that the Town could not continue the widening of roads as a means of addressing traffic problems. 

 

Mr. Ford noted that all of the traffic in and out of the former Lowes had used one entrance.  He stated that the proposed Staples project would have three means of ingress and egress since there would be a connector between the Village Plaza shopping center and the proposed (Staples) project. 

 

Council Member Evans noted that bicycle and pedestrian connections would also serve as means of reducing traffic on to Franklin Street.

 

Council Member Foy expressed concern about the differences between the traffic volume projections of the applicant and the Town’s Engineering staff.

 

Council Member Capowski said although he favored use of the site, he was not ready to support the applicant’s current proposal.

 

Council Member Wiggins said she supported the project proposal and inquired whether “right turn only” signs might help to mitigate some traffic-related concerns.

 

Council Member Capowski suggested the possibility of a traffic circulation study of the area.  Council Member Evans said this would be very difficult to accomplish, given that vehicles would also be entering and leaving the Village Plaza, as well as the subject property.

 

Mr. Karpinos noted that restrictions regarding the types of tenants could be included in the proposed conditions of approval.

 

David Brown of the Town’s Engineering Department noted that he had only received Mr. Ford’s updated traffic projections this evening.  Mr. Brown requested more time to review this information.

 

Noting that she would not feel comfortable voting on the matter this evening, Council Member McClintock said she favored referring the matter back to Town staff for further review and recommendations. 

 

Council Member Bateman inquired whether or not there was any interest in adding the restrictions referenced earlier by Mr. Karpinos.  Council Member Evans said she would support a stipulation wherein restaurants, bars and convenience-type businesses would not be permitted as part of the project.  Council Members Bateman and Brown said they preferred to consider this application at the Council’s July 6th meeting.   Council Member Foy concurred, stating that a rigorous review of traffic projections would be beneficial to all parties.

 

Council Member Capowski asked Mr. Ford whether he would be willing to accept an amendment to permit no more than 120% of the traffic volume generated by the site’s former tenant (Lowes).  Mr. Ford said he did not know how such a projection could be made accurately.  Mr. Horton said he did not know how such a stipulation could be legally enforced.  Council Member Foy said he concurred with Council Member Capowski’s proposal to place a limit on traffic volumes.

 

COUNCIL MEMBER MCCLINTOCK MOVED, SECONDED BY COUNCIL MEMBER BROWN TO REFER THE MATTER TO TOWN STAFF FOR A FOLLOW-UP REPORT ON JULY 6TH.  THE MOTION WAS APPROVED BY A VOTE OF 7-2 WITH MAYOR WALDORF, COUNCIL MEMBERS BATEMAN, BROWN, CAPOWSKI, FOY, MCCLINTOCK, AND WIGGINS VOTING YES AND COUNCIL MEMBERS EVANS AND PAVÃO VOTING NO.

 

Council Member Wiggins said that this should be a very early item on the Council’s July 6th agenda.

 

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO RECESS THE BALANCE OF THE MEETING TO THURSDAY, JULY 2ND AT 5:00 P.M.  THE MOTION WAS ADOPTED UNANIMOUSLY  (9-0).

 

The meeting adjourned at 11:54 p.m.