MINUTES OF A MEETING OF THE CHAPEL HILL TOWN COUNCIL,

WEDNESDAY, JULY 8, 1998 AT 5:30 P.M.

 

Mayor Waldorf called the meeting to order at 5:38 p.m.   Council Members in attendance were

Flicka Bateman, Joyce Brown, Joe Capowski, Pat Evans, Kevin Foy, Julie McClintock and Edith Wiggins.  Council Member Lee Pavao was unable to attend.   Also in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Town Clerk Peter Richardson and Town Attorney Ralph Karpinos.

 

Council Member Brown requested that the Mayor prepare a letter to North Carolina’s federal legislative delegation, requesting that North Carolina’s representatives oppose a proposed “takings” law.

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER EVANS, FOR SUCH A LETTER TO BE DRAFTED AND FORWARDED.    THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER BROWN, FOR THE COUNCIL TO GO INTO CLOSED SESSION TO DISCUSS PENDING LITIGATION.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

In closed session, Town Attorney Ralph Karpinos briefed the Council on the status of discussions between litigating parties relative to the proposed Pinehurst Drive connection and related traffic calming and signage matters.  Mr. Karpinos presented the Council with a draft resolution regarding the Council’s intent not to open the connector until the issuance of the 201st building permit or the proposed school’s certificate of occupancy.   Following discussion between Council Members and Town staff, the Council agreed to consider the proposed resolution in open session.  The closed session concluded at 6:34 p.m.  

 

The Council reconvened in open session at 6:38 p.m.   Mayor Waldorf called upon Mr. Karpinos to read the proposed resolution regarding the Meadowmont matter.

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, TO ADOPT RESOLUTION 0.1.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

A RESOLUTION FURTHER RESPONDING TO DISCUSSIONS REGARDING THE PROPOSED SETTLEMENT OF THE MEADOWMONT LITIGATION (98-7-8/R-0.1)

 

WHEREAS, the Council has considered additional information regarding the settlement of the Meadowmont litigation;

 

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE TOWN OF CHAPEL HILL, for purposes of settlement of the pending legal proceedings, as follows:

 

 

1.   The Council, at the request of the Petitioners’ attorney, defers any determination

     with respect to the interpretation question regarding the Infrastructure Special

     Use Stipulation on the Pinehurst Connection which was posed in the letter of  July 1st

      from Petitioners’ attorney, pertaining to the timing of the opening of the connection

      of Meadowmont to Pinehurst Drive.

 

2.   The Council confirms that it intends that the required street segment connecting

     Meadowmont to the existing portions of Pinehurst Drive will be accepted and opened

     by the Town when the event occurs which by terms of the Infrastructure Special Use

     Permit Stipulation on the Pinehurst Drive Connection prompts the connection to be

     required, but not until that event is to occur.

 

3.   The Council clarifies that the traffic calming devices referenced in the Council’s

     resolution of July 2, 1998, include street signage as proposed by the Petitioners.

 

4.   The Council encourages the other parties to the proceedings to work in good faith

     in an attempt to resolve their differences, if at all possible.

 

This the 8th day of July, 1998.

 

Continuation of Regular Business Meeting of July 6th

 

Proposed Canine Waste Ordinance

 

Council Member Capowski said he was personally opposed to the proposed ordinance principally because the Town was not well-equipped to resolve neighborhood-type disputes.

 

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER BATEMAN, TO ABANDON FURTHER INVESTIGATION OF A PROPOSED CANINE WASTE ORDINANCE.

 

Council Member Wiggins suggested the possibility of waiting until August or September, when all nine Council Members were present, to further discuss the proposed ordinance.   Council Member Capowski reiterated that his motion was to abandon the entire concept.  Noting that some citizens were seeking the Town’s assistance in this matter, Council Member McClintock

suggested that the Council take up the matter in September.  Council Member Capowski said he believed that enforcement of this type of ordinance would not be the optimum use of Town resources.

 

THE MOTION WAS PLACED ON THE FLOOR, RESULTING IN A TIED VOTE, WITH MAYOR WALDORF AND COUNCIL MEMBERS BATEMAN, CAPOWSKI AND FOY VOTING YES AND COUNCIL MEMBERS BROWN, EVANS, MC CLINTOCK AND WIGGINS VOTING NO.

 

 

Air Quality Awareness Response Program

 

Mr. Horton reported that the Town of Carrboro and the University of North Carolina both fully concurred with the proposal to provide free bus rides on orange and red ozone alert days.  He noted that the Town’s shared of the estimated $20,000 program cost would be approximately $9,300.

 

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT RESOLUTION 1, AS AMENDED.   THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO IMPLEMENT THE CHAPEL HILL AIR QUALITY AWARENESS RESPONSE PROGRAM (98-7-8/R-1)

 

WHEREAS, the North Carolina Department of Air Quality determined that the Triangle Region is likely to violate the recently adopted ozone air quality standards; and

 

WHEREAS, the North Carolina Department of Air Quality has developed the Triangle Air Awareness Program and organized the Triangle Air Quality Coalition to respond to the need to reduce the production of ground level ozone; and

 

WHEREAS, the Town of Chapel Hill has joined the Air Quality Coalition; and

 

WHEREAS, the Town has developed an Air Quality Awareness Program.

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to implement the Air Quality Awareness Response Program as contained in the Manager’s July 6, 1998 memorandum and July 8, 1998 follow-up report.

 

This the 8th day of July, 1998.

 

Council Member Bateman requested that Town staff provide the Council with a report in the fall regarding bus ridership on ozone alert days.  Mr. Horton said staff would be pleased to provide such a report.   Council Member McClintock thanked Council Member Capowski for his leadership in providing alternatives to the use of single-occupant vehicles.

 

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT ORDINANCE 1.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

 

 

 

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1998 (98-7-8/O-1)

 

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled “An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 1998” as duly adopted on July 8, 1998 be and the same is hereby amended as follows:

 

                                                            ARTICLE  I

 

                                                Current                                                 Revised

APPROPORIATIONS            Budget               Increase      Decrease             Budget

 

TRANSPORTATION

                        FUND          6,101,222                20,250                               6,121,222

 

                                                             ARTICLE II

 

                                                Current                                                 Revised

REVENUES                            Budget              Increase       Decrease              Budget

 

TRANSPORTATION

                          FUND

 

                Fund Balance          295,566                20,250                                   315,186

 

This the 8th day of July, 1998.             

 

Status of McDade House

 

Council Member Brown said she hoped that the Council would continue to have discussions with Tom Heffner about efforts to preserve the McDade house on parking lot number five.   Council Member Foy referenced the possibility of the Town purchasing the McDade house.  Council Member Foy also suggested the possibility of a citizen-based group undertaking fundraising efforts to preserve the McDade house.  Council Member Evans said that the Town had committed to provide a site for the McDade house.  She stated that this was the extent of the Town’s financial involvement for this project.    Stating that this was a minimal commitment, Council Member Foy suggested that the Council decide once and for all the extent of its involvement in the preservation efforts.   Noting the possibility of a non-profit group seeking grants to preserve the McDade house, Council Member Brown said the Council might wish to revisit the Town’s role in the preservation efforts.  Mayor Waldorf said she was not convinced that additional Town funding should be devoted to this project.

 

Stating that the McDade house might be an asset to the entire Town, Council Member McClintock said she did not want to rule out some Town funding for the preservation project.

Council Member Bateman said that she favored further examination of private-sector funding options.

 

COUNCIL MEMBER MC CLINTOCK MOVED THAT COUNCIL MEMBER FOY AND BROWN LOOK INTO DIFFERENT WAYS TO GET THE MC DADE HOUSE PROJECT MOVING FORWARD.  COUNCIL MEMBER BROWN SECONDED THE MOTION.  THE MOTION PASSED BY A VOTE OF 7-1, WITH COUNCIL MEMBER EVANS VOTING NO.

 

Water and Sewer Boundary Task Force

 

Council Member McClintock noted that the Task Force would hold its next meeting in August.  She stated that agreement had been reached on the nature of emergency and non-emergency water transfers and interests in service areas.  Council Member McClintock also stated that the subcommittee on handling public health emergencies had put together a really practical series of decisions and steps for handling such emergencies.  Council Member Capowski said that there appeared to be some disagreement about the specific limits of OWASA’s future service area and boundaries.  Council Member McClintock said that the next stage of the process was to consult with the Town of Mebane and other entities outside of Orange County.  Mayor Waldorf suggested that Council Members could forward lists of their water and sewer boundary-related concerns to Council Members Capowski and McClintock.

 

Summary of Work Session on the Strategic Report of the Comprehensive Plan

 

Mr. Waldon presented a brief overview of the strategic report of the Comprehensive Plan document and related processes.  Council Member Foy inquired how Town staff had projected that the Town’s population at full build-out would be approximately 87,000 persons.  Mr. Waldon said that these projections were based on generic persons per household assumptions.

 

Referencing Page 11 of the document, Council Member Foy inquired whether or not the Town had implemented any true mixed uses of living and working opportunities.  Mr. Waldon said that the general concept of mixed-use appeared to have widespread support.  He noted that the Town’s mixed-use ordinances had been applied in the Southern Village area and at the NC 86 and U.S. 15-501 interchanges along Interstate 40.  Council Member McClintock said that existing regulations did not result in truly mixed-uses.  Council Member Evans said that the Council needed to look at redevelopment.   Council Member Brown urged the Council to consider the scale of mixed-use developments.  Council Member Evans said she did not think that the Council should be concerned about specifics, such as scale, at the present time.

 

Noting that many of the projections in the Town’s 1985 Comprehensive Plan were substantial overestimates, Council Member Capowski inquired how the Council could have a greater degree of confidence in projections in the next Town Comprehensive Plan.  Mr. Horton said that there were a number of very good demographers in the community.   Council Member Capowski suggested the use of predictors such as the number of automobiles, amount of traffic congestion,

quality of air and the amount of impervious surfaces. 

 

Mayor Waldorf noted that all Council Members agreed that it was very important to revisit the Town’s land-use plan.   She also noted the importance of weighing fiscal components, such as the manner and costs of delivering Town services.  Council Member McClintock noted that Town residents could determine whether or not they were willing to pay more for having a certain quality of life.  Council Member Evans said that it would be interesting to have information about the percentage of residential versus non-residential property taxes.  Council Member Brown requested additional information about the cost of growth, including information about areas outside of the Town’s urban services boundary.   Council Member McClintock also said it was important to think about efficiencies from combining government services.

 

Natural Environment

 

Referencing pages 13 and 18, Council Member Brown said she thought it was critical for the Council to give instruction to Town staff about air quality impacts. Council Member Evans said that some ways to address air quality concerns included:  (1) reducing congestion on major streets via intersection improvements,  or (2) through vegetation and planting to protect and restore the community’s wooded character.   Council Member Capowski emphasized the importance of the Council discussing ways to handle air quality impact concerns in detail.

 

Council Member McClintock said that the Town needed to think more strategically about

open space requirements, steep slopes and the purchase of  conservation areas.  She also noted the importance of protecting environmentally sensitive areas.  Council Member Brown said she thought that policies regarding conservation zones and open space merited more of the Council’s attention and discussion.

 

Referencing page fourteen, Council Member Brown said it would be very helpful for the Council to receive annual reports from Town staff about air and water quality and open space protection.

Mr. Horton noted that Town staff could report to the Council on these matters in the fall.  Council Member McClintock suggested that Council Member Brown’s suggestion regarding reports on air and water quality and environmental impacts be put on a list for future consideration.   Council Member Foy suggested that Town staff provide the Council with condensed reports on an annual basis.

 

Mr. Waldon said it was his understanding that Town staff was being asked to prepare reports regarding:  (1) tying air quality impacts to development review and transportation systems, 

(2) growth management, (3) open space program guidelines and (4) annual report on air and water quality and greenspace protection.  There was Council concurrence on these matters.

 

Council Member Brown said that almost everything in the environmental section of the plan was worthy of some attention.  Council Member Evans emphasized the importance of hearing from citizens about which qualities should be preserved in the Town.  Council Member Brown suggested referring all of the goals in the report before the Council this evening back to Town staff for a follow-up report.

Housing

 

Council Member Evans said it was important to investigate the possibility of  “cottage zoning” designations.  Mr. Waldon noted that Town staff would present a report to the Council on this matter in September or October.   Council Member Brown suggested the possibility of further exploring development of a Chapel Hill zoning category which would require a variety of housing types in one area as a means of addressing affordable housing concerns.  Stating that almost all of the recent residential housing developments in the Town had been single-family developments, Council Member Evans suggested that the Council explore ways to

encourage multi-family developments in the Town.

 

Council Member Brown inquired whether or not affordable housing strategies, including zoning for a variety of housing within one category, could be included on the Town staff’s follow-up report list.   Mr. Horton said that Town staff would be pleased to prepare follow-up reports for the Council’s consideration.  Council Member Brown noted that most Town residents clearly favored having a variety of housing types available in the Town.   Council Member Bateman said that she would be pleased to work with Council Member Brown on housing-related options and matters.

 

Town Character

 

Council Member McClintock noted that there was nothing to compel developers to use the Town’s design guidelines.  Mr. Horton noted that the Community Design Commission worked with developers to encourage their use.  Council Member McClintock suggested that the Council revisit the guidelines, especially the Town’s entranceway ordinance.

 

Referencing page thirty, Council Member Brown said that the Council needed particulars about the development of neighborhood plans.

 

Council Member Foy inquired about Duke Power’s cooperation with the Town in placing utilities underground.  Mr. Horton said that the Town required that all new utilities, excluding main transmission lines and existing above ground lines, were required to be located underground.  Council Member Capowski suggested that the Technology Committee could make a recommendation to the Council about the possibility of placing more utility lines underground. Council Member Foy said this was a good idea.

 

Council Member Evans suggested the possibility of the Town having a permitting process for cutting of trees on single-family lots.  Council Member Capowski noted that the Council had previously weighed the possibility of such regulations against homeowner’s rights.  Council Member Evans suggested that her idea be referred to the proposed Comprehensive Plan Committee.  Council Member McClintock seconded the motion.  The motion was adopted unanimously (8-0).

 

Noting that Mayor Waldorf had to leave due to a prior commitment, Council Member Capowski said that Mayor Waldorf had expressed a desire to protect “old town” neighborhoods.  Council Member McClintock said she shared these concerns.

 

Council Member Evans suggested that noise from commercial uses, such as patio dining noise, be referred to the Noise Committee.

 

Transportation

 

Council Member McClintock noted the importance of addressing the traffic impacts of development proposals.  Council Member Foy inquired about the status of a planned Town-wide traffic model.   Council Member McClintock said Town staff had indicated that such a model would be quite expensive.   Council Member McClintock suggested that the Council discuss traffic models in the fall.  Council Member Brown said that the Triangle J Council of Governments was putting together a less expensive traffic model.  Mr. Horton said that Town staff could report to the Council on traffic models in the fall.   Council Member McClintock suggested adding the topic area “traffic impacts of development proposals” to the Town’s Comprehensive Plan.   Mayor pro tem Capowski noted that there did not appear to be any opposition to this proposal.

 

Council Member Brown inquired about the scope of the staff’s report on traffic matters.  Mr. Horton said the report would focus on traffic management other than traffic modeling.  Council Member Brown suggested the possibility of a Council work session on traffic management.

Council Member Foy suggested the possibility of revisiting traffic computer models and software.  Council Member Bateman suggested the possibility of gleaning traffic management ideas from other communities.   Council Member McClintock suggested that the Council promote pedestrian linkages.

 

Referencing the need to increase the efficiency of roads and the traffic signal system, Council Member Evans suggested that Town staff examine the possibility of giving flow priority to major thoroughfares.  Council Member Wiggins said that there had to be a balance between major and minor roadways relative to traffic management.

 

Council Member Capowski noted that Mayor Waldorf was asking the Council to include on the priority listing “regional transit and how it should integrate”.  There was Council concurrence to do so.

 

Council Member Capowski said he favored having a goal about the cleaning and maintenance of streets.  Council Member Evans suggested that this could be referred as a concern.  There was not Council consensus to make cleaning and maintenance of streets a goal.   Council Member Capowski suggested having a goal of making new development account for the cars which they attracted.  There was Council concurrence to make this a goal.

 

 

 

Community Facilities

 

Council Member Brown suggested that the Town look into the possibility of an adequate public facilities ordinance.  She also suggested that the Council work with the Chapel Hill-Carrboro City School Board on this matter.  Council Member McClintock suggested that the matter be referred to the proposed Comprehensive Plan Committee.  

Stating that Orange County was improving its standards, Council Member McClintock suggested the deletion of quadrants for private water systems.  There were no Council objections to this deletion.

 

Council Member Capowski suggested the possibility of deleting continued intergovernmental management of solid waste.  Council Member Brown said that there needed to be continued intergovernmental discussions about solid waste.  Council Member Brown suggested that solid waste goals be referred to the Comprehensive Planning Committee.  Council Member Capowski said he was referring to long-term goals.  Council Member Bateman expressed her concurrence with Council Member Capowski’s position.  Council Member Foy suggested having a goal of intergovernmental cooperation on solid waste matters.  There was Council concurrence on this point.

 

Orderly Development

 

Stating that the existing cluster development ordinance did not seem to achieve the Council’s objectives, Council Member Bateman said she preferred to have a revised mechanism to accommodate the types of clustering favored by the Council and Town residents.  There was Council concurrence on this point.

 

There was Council concurrence to encourage orderly redevelopment and to have consistent sets of standards for all applicants.

 

Council Member Wiggins said she favored having a community dialogue about the tranquility and maintaining stability in neighborhoods.

 

Council Member Evans suggested that the proposed Comprehensive Plan Committee address the 

concept of forming neighborhood committees and associations, including possible assistance from Town staff.  Council Member Capowski said he did not favor having Town staff support for neighborhood associations.  Council Member Evans said she was proposing the possibility of

neighborhood districts as a means of dealing with specific issues and impacts.  Council Member Wiggins noted that some neighborhoods might appreciate Town staff support relative to various processes and issues.

 

Council Member Brown said that it was important to think about orderly development in the context with neighboring jurisdictions.  There were no objections to this proposed goal.  Council Member Capowski suggested a goal of minimizing the visual impacts of cellular towers in the Town.  There were no objections.

 

Council Member Evans inquired about the amount of Town funding available for open space.  Mr. Horton said he did not recall the specific dollar amount.  He noted that the Greenways and Parks and Recreation Commissions were in the process of looking at potential sites for acquisition.  Mr. Horton said that Town staff could bring a report with a resolution to the Council on August 24th, asking the two commissions to formally pursue this matter.  He also said that the report could contain options and recommendations for the Council’s consideration.   There was Council concurrence to include the matter on the Council’s August 29th planning session agenda.

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER FOY, TO ADJOURN THE MEETING. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

The meeting stood adjourned at 9:45 p.m.