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

MONDAY, AUGUST 24, 1998 AT 7:00 P.M.

 

Mayor Rosemary Waldorf called the meeting to order at 7:00 p.m. Council Members in attendance were Flicka Bateman, Joyce Brown, Joe Capowski, Pat Evans, Kevin Foy, Lee Pavăo, Edith Wiggins, and Julie McClintock (arriving at 7:50 p.m.). Also in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Town Attorney Ralph Karpinos, Assistant to the Mayor Alice Joyce, Finance Director Jim Baker, Public Works Director Bruce Heflin, Housing Director Tina Vaughn, Assistant to the Manager Ruffin Hall, Engineering Director George Small, Solid Waste Administrator Gayle Wilson, Planning Director Roger Waldon, Parks and Recreation Director Katherine Spatz, Parks and Recreation Administrative Analyst Bill Webster, and Deputy Town Clerk Joyce Smith.

 

Item 1 - Ceremonies

 

Ellis Hankins, Executive Director of the N.C. League of Municipalities, presented the 1998 George C. Franklin Award to Kay Johnson, the Town’s Accounting and Systems Manager, for outstanding achievement in the course in Municipal Administration by the Institute of Government at the University of North Carolina

 

Mayor Waldorf read a resolution honoring Town Clerk Peter Richardson for his ten years of service to the Town of Chapel Hill.

 

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

 

 

A RESOLUTION HONORING THE SERVICE OF

PETER M. J. RICHARDSON

TO THE TOWN COUNCIL AND CITIZENS OF CHAPEL HILL

 

WHEREAS, Peter M. J. Richardson has served as the Town Clerk of the Town of Chapel Hill since September 6, 1988; and

 

WHEREAS, Mr. Richardson has provided valuable assistance to three Mayors, twenty Council Members, one Interim Town Manager and two Town Managers during his ten years of office; and

 

WHEREAS, he has assisted hundreds of Town employees in the efficient production of their work reports and Council agenda materials; and

 

WHEREAS, Peter has responded to the service requests of thousands of individual citizens with great effectiveness and courtesy; and

 

WHEREAS, Peter has written millions of words of minutes in the process of faithfully and fairly documenting the discussions of the Council; and

 

WHEREAS, he has demonstrated himself to be the ultimate diplomat of public service; and

 

WHEREAS, he is highly respected and held in deep affection by his colleagues and co-workers on the Town staff, by the Council and the many citizens with whom he has established strong working relationships; and

 

WHEREAS, in recognition of his talents, abilities and dedication he has been employed by the City of Coral Springs, Florida, and soon will be moving to that community with his wife, Joanne; and

 

WHEREAS, Peter will be greatly missed by all who have come to know him;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill, North Carolina, that the Council expresses its deepest appreciation, highest regard, and warmest best wishes for

 

PETER MARK JAMES RICHARDSON

 

who has well and faithfully served the citizens of Chapel Hill these last ten years.

 

This the 24th day of August, 1998.

 

 

Item 3 - Petitions

 

Robert Page, owner of an office building across from the Inter-Faith Council Community House for the homeless, advised the Council of the many problems created at his property and on Franklin Street by homeless people using the property for panhandling, break-ins, toilets, etc.  He requested some action from the Council to alleviate these problems.

 

Council Member Brown requested figures from the staff regarding IFC policy on service of meals.

 

Council Member Evans requested staff to make comparisons with other communities in the area.

 

COUNCIL MEMBER PAVĂO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO RECEIVE AND REFER MR. PAGE’S PETITION TO THE TOWN MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

Phyllis Lotchin addressed the Council regarding the Arts Downtown, a ten-year arts project conducted by painter Michael Brown and Chapel Hill students. Chapel Hill English teacher Pat Brooks showed the Council a brochure designed and edited by her students, describing Arts Downtown. She suggested that the brochure could be used by the Chapel Hill Chamber of Commerce. She requested funds for printing the brochure from the Council.

 

Mayor pro tem Capowski suggested that a request be made for funds from the Hotel/Motel tax proceeds through the Town Manager’s office.

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER FOY, TO REFER MS. LOTCHIN AND MS. BROOKS’ PETITION TO THE TOWN MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

Antoine Peuch requested an expedited review of the proposed site plans for the Pavilion Phase II.

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO RECEIVE AND REFER MR. PEUCH’S PETITION TO THE TOWN MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

A petition was received from Roland Giduz regarding returning Pittsboro Street and South Columbia Street into two-way traffic streets.

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO RECEIVE AND REFER MR. GIDUZ’S PETITION TO THE TOWN MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

Lynne Bressler, resident of Dogwood Acres, petitioned the Council regarding burning of debris near Southern Village by the developer. She complained that the quality of life in her neighborhood was deteriorating because of the heavy smoke from the burning debris.

 

Mayor pro tem Capowski said that the burning had been stopped as of this morning.

 

Mayor Waldorf said that a letter had been received today from the developer, Mr. Bryan,  apologizing for the inconvenience.

 

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, TO PURSUE THE OPTIONS FOR LEGISLATION TO RESTRICT BURNING WHEN ISSUING SPECIAL USE PERMITS OUTSIDE THE TOWN LIMITS. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

Miles Pressler requested an expedited review for the downtown EmPOWERment project, as one of the lenders for the project is requiring a decision by December or January.

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO RECEIVE AND REFER MR. PRESSLER’S PETITION TO THE TOWN MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Petitions by Mayor and Members of the Council:

 

Mayor Pro-Tem Capowski requested a report on the status of the road repair on South Columbia Street at Manning Drive and Cameron Avenue.

 

MAYOR PRO-TEM CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, THAT A REQUEST BE SUBMITTED TO THE NC DEPARTMENT OF TRANSPORTATION FOR A PEDESTRIAN CROSSING ON WEST FRANKLIN STREET AT McDONALD’S. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

MAYOR PRO-TEM CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER FOY, TO REFER A PETITION FOR A REPORT ON WHAT OTHER RESEARCH TRIANGLE TOWNS ARE  DOING ON ORDINANCES FOR PUBLIC FACILITIES, INCLUDING A SUMMARY OF THE CARY ORDINANCE, AND THE DEVELOPMENT FEES CHARGES FROM THE OTHER RESEARCH TRIANGLE TOWNS, TO THE TOWN MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

Council Member Foy reported on a letter received from a citizen in reference to a new  “No-Walk” zone at the intersection of Hamilton Road and Highway 54, which prevented the school children from crossing the road, and forcing them to use the school bus.

 

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO REFER THE QUESTION OF A “NO-WALK” ZONE AT THE INTERSECTION OF HAMILTON ROAD AND HIGHWAY 54 AT GLEN LENOX, TO THE TOWN MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

Item 4 - Consent Agenda

 

Council Member Pavăo moved removal of item l from the consent agenda.

 

Council Member Foy moved removal of item e from the consent agenda.

 

COUNCIL MEMBER PAVĂO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT THE CONSENT AGENDA AS PRESENTED, EXCEPTING ITEMS E AND L. THE RESOLUTION WAS AMENDED ON ITEM M TO READ THAT THE SITE IS SOUTHERN ORANGE COUNTY HUMAN SERVICES CENTER. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES

(98-8-24/R-1)

 

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

 

a.

Minutes of June 1, 8, 15, 18, 22, July 2 and 6.

b.

Naming Committee recommendations. (R-2), (R-3), (R-4), (R-5), (R-6), (R-7).

c.

Deleted.

d.

Proposed sale of Town land adjacent to the Bolin Creek Trail. (R-9).

e.

Recommended Change order to the Craig-Gomains construction contract.  (R-10).

f.

1997-98 Public Housing Management Assessment Program Certification for submittal to the U.S. Department of Housing and Urban Development.  (R-11).

g.

Budget amendment in the Solid Waste Management Department.  (O-1).

h.

Acceptance of bid for crawler dozer in the Solid Waste Management Department.  (R-12).

i.

Response to petition regarding proposal to review football game day parking problems on Greenwood Road.  (R-13). (To be distributed)

j.

Establishment of project ordinance for the 1998-99 Comprehensive Housing Grant program.  (O-2).

k.

Project ordinance for 1997-98 Transportation Capital and Planning Grant.  (O-3).

l.

Execution of lease agreement with SprintCom, Inc. for cellular telephone facility at Northern Community Park.  (R-14a and b).

 

This the 24th day of August, 1998.

 

 

A RESOLUTION SCHEDULING THE DEDICATION DATE OF THE GYMNASIUM AT HARGRAVES CENTER (98-8-24/R-2)

 

WHEREAS, the Town Council Naming Committee has reported and made its a recommendation to the full Council;

 

That the dedication of the new gymnasium be scheduled for Wednesday, September 16th at 5:30 PM

 

That the Council approve “The Wall of Fame Project” in the new gym

 

That the Council approve the name “Northside Gymnasium” for the new gym

 

That the Naming Committee has received a request to change the name of the Hargraves Center to the “Northside-Hargraves Park.”  The Naming Committee recommends Council consideration of this suggestion.

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves the scheduling of the dedication of the new gymnasium at the Hargraves Center on September 16, 1998, at 5:30 PM.

 

BE IT FURTHER RESOLVED that the Council approves the “Wall of Fame Project” at the new gym.

 

BE IT FURTHER RESOLVED that the Council approves the naming of the new gymnasium the “Northside Gym”.

 

BE IT FURTHER RESOLVED by the Council that consideration by the Council of the request to change the name of the Hargraves Center to the “Northside-Hargraves Park” be tabled pending the receipt of comments from citizens.

 

This the 24th day of August, 1998.

 

 

A RESOLUTION SCHEDULING THE DEDICATION DATE OF BOLIN CREEK GREENWAY, PHASE II (98-8-24/R-3)

 

WHEREAS, the Town Council Naming Committee has reported and made its recommendation to the full Council;

 

WHEREAS, the dedication of Bolin Creek Greenway, Phase II be scheduled on September 23, 1998, at 6:00 PM;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves the scheduling date of the dedication of Bolin Creek Greenway, Phase II, on  September 23, 1998, at 6:00 PM.

 

This the 24th day of August, 1998.

 

 

A RESOLUTION APPROVING THE DEDICATION OF THE PARKING DECK ON ROSEMARY STREET TO JAMES C. WALLACE (98-8-24/R-4)

 

WHEREAS, the Town Council Naming Committee has reported and made its recommendation to the full Council, that the Council approve the requests received to dedicate the Parking Deck on Rosemary Street to James C. Wallace, former Mayor and Council Member;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves the dedication of the Parking Deck on Rosemary Street to James C. Wallace, former Mayor and Council Member.

 

This the 24th day of August, 1998.

 

 

A RESOLUTION APPROVING SCHEDULING THE DATE OF DEDICATION OF THE NEW PARK AT EAST FRANKLIN STREET AND ELLIOTT ROAD AND APPROVING THE DEDICATION OF THE PARK IN HONOR OF ALICE INGRAM (98-8-24/R-5)

 

Whereas, the Town Council Naming Committee has reported and made its recommendation to the full Council, that the dedication of the new park at East Franklin Street and Elliott Road be scheduled for October 13th at 4:30 PM and that the park be dedicated in honor of Alice Ingram;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves scheduling the date of the dedication of the new park at East Franklin Street and Elliott Road on October 13, 1998 at 4:30 PM; and,

 

BE IT FURTHER RESOLVED that the Council approves the dedication of the new park in honor of Alice Ingram.

 

This the 24th day of August, 1998.

 

 

A RESOLUTION APPROVING THE PROCESS FOR GATHERING COMMUNITY INPUT FOR A NAME FOR THE NEW NORTHERN COMMUNITY PARK (98-8-24/R-6)

 

WHEREAS, the Town Council Naming Committee has reported and made its recommendation to the full Council that Council approve the following process for gathering community input for a name for the new Northern Community Park:

 

·        invite the public to suggest names

·        the Parks and Recreation Commission would review all suggestions and make a recommendation to the Council 

·        the Council would select the name and recognize the person or group whose suggested name was selected, possibly at the dedication ceremony

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves the recommended process for gathering community input for a name for the new Northern Community Park.

 

This the 24th day of August, 1998.

 

 

A RESOLUTION APPROVING THE DEDICATION OF THE  COMMUNITY CENTER SWIMMING POOL TO CHARLES WESLEY DEESE (98-8-24/R-7)

 

WHEREAS, the Town Council has received a petition requesting that the Community Center Swimming Pool be dedicated to former Town employee, Charles Wesley Deese; and,

 

WHEREAS, the Council Naming Committee has recommended approval of this dedication request;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves the dedication of the Community Center Swimming Pool to former Town employee, Charles Wesley Deese.

 

This the 24th day of August, 1998.

 

 

A RESOLUTION AUTHORIZING THE MANAGER TO SELL 0.2 ACRES OF PROPERTY TO THE PRINICPALS OF THE CURVE INN LLC FOR $2,000AND OTHER CONSIDERATIONS (98-8-24/R-9)

 

WHEREAS, the Curve Inn LLC has offered to purchase 0.2 acres of land owned by the Town of Chapel Hill; and

 

WHEREAS, the Curve Inn LLC has offered to pay to the Town the sum of $2,000; and

 

WHEREAS, the Curve Inn LLC has offered to pay for all legal, surveying, and recordation costs associated with sale of the land; and

 

WHEREAS, the Curve Inn LLC has agreed to accept certain deed restrictions that would go with the land in perpetuity; and

 

WHEREAS, the Council finds that sale of the land would not diminish the experience of patrons using the Bolin Creek Trail or significantly reduce the Town’s open space along Bolin Creek;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the sale of approximately 0.2 acres of property to the Curve Inn LLC for $2,000 and other considerations, which include:

 

·        The buyer shall pay all transaction costs including any attorneys fees, surveying costs, or recordation fees.

·        The buyer shall accept deed restrictions that would prevent the construction of any structure on the property except that the existing concrete slab could be repaired or replaced and safety railings installed.

·        The buyer  shall accept deed restrictions that will restrict the ability of the owner to remove any tree 6” or more in diameter unless diseased, severely damaged, or if the tree is a hazard to persons or structures.

·        All deed restrictions shall be in perpetuity.

 

This the 24th day of August, 1998.

 

 

A RESOLUTION APPROVING A PUBLIC HOUSING MANAGEMENT ASSESSMENT PROGRAM (PHMAP) CERTIFICATION (98-8-24/R-11)

 

WHEREAS, the U.S. Department of Housing and Urban Development requires the submission of a Public Housing Management Assessment Program (PHMAP) Certification; and

 

WHEREAS, the Department of Housing and Urban Development requires that the Council of the Town of Chapel Hill approve a Certification for fiscal year ending June 30, 1998.

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves the attached Public Housing Management Assessment Program (PHMAP) Certification.

 

This the 24th day of August, 1998.

 

 

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APROPRIATIONS AND THE RAISING OF REVENUE FORT THE FISCAL YEAR BEGINNING JULY 1, 1998” (98-8-24/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 June 8, 1998 be and the same is hereby amended as follows:

 

ARTICLE  I

 

                                                Current Increase           Decrease          Revised

APPROPRIATIONS               Budget                                                             Budget

 

   Landfill Fund             $ 5,077,610                             $ 95,000          $ 5,172,610

 

 

ARTICLE  II

 

                                                Current                                                 Revised

REVENUES                            Budget             Increase           Decrease          Budget

 

   Fund Balance                        $  734,940                               $ 95,000          $ 829,940

 

This the 24th day of August, 1998.

 

 

A RESOLUTION ACCEPTING THE BID FOR THE PURCHASE OF A CRAWLER DOZER (98-8-24/R-12)

 

WHEREAS, the Town of Chapel Hill has solicited formal bids by legal notice in The Chapel Hill News/Village Advocate Classifieds on July 19, 1998, in accordance with G.S. 143-129 for the purchase of a Crawler Dozer; and

 

WHEREAS, the following bids have been received and opened on August 4, 1998:

 

 

 

 

            VENDOR                                                                                BID

 

Gregory Poole Equipment Co., Inc.                                                      $198,230.00

Raleigh, NC                                         (Less Trade-In)                          $14,000.00

                                                                                                            $184,230.00

                                                            Warranty                                      $4,280.00

                                                            Total                                        $188,510.00

 

Mitchell Distributing Company                                                  $196,117.00

Raleigh, NC                                         (Less Trade-In)                          $18,000.00

                                                                                                            $182,067.00

                                                            Warranty                                      $3,950.00

                                                            Total                                        $182,067.00

 

North Carolina Equipment Co., Inc.                                                      $184,229.00

Raleigh, NC                                         (Less Trade-In)                          $20,000.00

                                                                                                            $164,229.00

                                                            Warranty                                      $6,918.00

                                                                                                            $171,147.00

 

WHEREAS, the bid from North Carolina Equipment Co., Inc. was found to be the lowest responsive bid to the specifications;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town accepts the lowest responsive bid of North Carolina Equipment Co., Inc. in the amount of $171,147.00.

 

This the 24th day of August, 1998.       

 

 

A RESOLUTION ACCEPTING THE UNIVERSITY’S OFFER TO CLEAN GREENWOOD ROAD AFTER HOME FOOTBALL GAMES AND APPROVAL TO MONITOR THE AREA FOR THE FIRST THREE GAMES OF THE 1998-99 SEASON (98-8-24/R-13)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council accepts the University’s offer to clean the Greenwood Road area of litter after home football games, if necessary.

 

BE IT FURTHER RESOLVED that the Council instructs the Manager to monitor the Greenwood Road area for the first three games of the 1998-99 football season and to bring a report back to the Council on the observations of the monitors at its October 26th regular business meeting.

 

This the 24th day of August, 1998.

 

AN ORDINANCE TO ESTABLISH A COMPREHENSIVE GRANT PROGRAM (CGP) PROJECT ORDINANCE (98-8-24/O-2)

 

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

 

Section I

 

The projects authorized are the Comprehensive Grant Program (CGP) projects as approved by the Council on April 27, 1998: funds are as contained in Amendment to Consolidated Annual Contributions Contract between the Town and the U.S. Department of Housing and Urban Development (HUD) dated June 30, 1998.

 

Section II

 

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

 

Section III

 

The following revenue is available to complete the project:

 

Comprehensive Grant Program                      $398,547

 

Section IV

 

The following amounts are appropriated for the project as follows:

 

            Management Improvements                  $  52,000

            Administration                          $  19,500

            Dwelling Structures                               $317,447

            Fees and Costs                         $   9,600

                                                TOTAL            $398,547

 

 

Section V

 

The Finance Director is hereby directed to maintain within the Project Fund sufficient specific detailed accounting records to provide the accounting to HUD as required by the agreement(s) and federal regulations.


Section VI

 

Funds may be advanced from General Funds for the purpose of making payments as due.  Reimbursement requests should be made to HUD in an orderly and timely manner.

 

Section VII

 

The Manager is directed to report annually on the financial status of each project in Section IV and on the total revenues received.

 

This the 24th day of August, 1998.

 

 

AN ORDINANCE TO ADOPT GRANT PROJECT ORDINANCES FOR TRANSIT PROJECTS (98-8-24/O-3)

 

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

 

SECTION I

 

The Urban Area Formula Program (Formerly Section 9) and the Discretionary Program (Formerly Section 3) authorized are from 1998 federal funds from an agreement with the Federal Transit Administration and the North Carolina Department of Transportation.

 

SECTION II

 

The Manager of the Town of Chapel Hill is hereby directed to proceed with the implementation of the project within the terms of the grant agreements executed with the Federal Transit Administration and the North Carolina Department of Transportation within the funds appropriated herein.

 

SECTION III 

 

The following revenue is anticipated to be available to the Town to complete activities as outlined in the project application.

 

Urbanized Area Formula Program (Formerly Section 9)

 

            Federal Transit Administration (FTA)                $337,024

            NC Department of Transportation (NCDOT)                   42,128

            Town of Chapel Hill (local match)                                    42,128

 

                                                            TOTAL                        $421,280

 

 

SECTION IV

 

The following amounts are appropriated for the FY1998 Section 9 project:

 

Salaries - Full Time                                                       $  82,898

Fringe Benefits                                                      17,042

FICA                                                                                 6,340

M & R Vehicles                                                             140,000

Miscellaneous Vehicle Supplies                             60,000

Capital Equipment                                                          115,000

                                                            TOTAL                        $421,280

 

This the 24th day of August, 1998.

 

 

A RESOLUTION CALLING A PUBLIC HEARING ON SEPTEMBER 10TH AT 7:30 P.M. ON CONSTRUCTION AND DEMOLITION DISPOSAL SITES UNDER CONSIDERATION AND NEED FOR CONSTRUCTION AND DEMOLITION FACILITY  (98-8-24/R-19)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby calls a public hearing for September 10th at 7:30 p.m. at a location to be determined to discuss construction and demolition disposal sites under consideration and the need for a construction and demolition facility.

 

This the 24th day of August, 1998.

 

 

Item 5 - Information Reports

 

Council Member Pavăo requested the removal of item e for discussion.

 

Item 6 - Nominations and Appointments

 

COUNCIL MEMBER PAVĂO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO MAKE THE FOLLOWING NOMINATIONS:

 

            Comprehensive Plan Work Group                Gary Barnes                          Kimberly Brewer

Richard Edens              Susan Franklin Fulton

Josh Gurlitz                            Patricia Hughes

Kit McGinnis                              David Rankin

Alan Rimer                                     Ellen Ruina

Art Werner

 

            Personnel Appeals Committee                      Thomas A. Rose

 

THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO MAKE THE FOLLOWING APPOINTMENTS:

 

            Special Panel to Review Proposals for  Mark Royster

            Contract Administration of the Pines                  Margaret Cheek

            Community Center Homeownership                  Lee Butzin

            Program

 

THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION APPOINTING THREE MEMBERS TO SERVE ON THE PANEL TO REVIEW THE REQUEST FOR PROPOSALS FOR AN ADMINISTRATOR FOR THE PINES COMMUNITY CENTER, INC. HOMEOWNERSHIP PROGRAM

(98-8-24/R-14.1)

 

WHEREAS, on July 6, 1998, the Town Council authorized the Manager to issue a Request for Proposals seeking technical and administrative assistance for the Pines Community Center, Inc. Homeownership Program; and

 

WHEREAS, on July 6, 1998, the Council approved a process that authorized appointment of three members to a six person review panel and this group would agree on a seventh person;

 

NOW, THEREFORE, BE IT RESOLVED that the Chapel Hill Town Council appoints Mark Royster, Margaret Cheek and Lee Butzin to the panel to review the Request for Proposals for an administrator for the Pines Community Center Homeownership Program.

 

This the 24th day of August, 1998.

 

Mayor Waldorf appointed Mr. Royster as the liaison for convening the two groups. Those appointed by the Knolls Association: Kevin Cook, Ted Parish, and George “Bo” Sanford.

 

 

Item 7 - Development Options for the Northern Community Park

 

Items 7a and 7b were deleted from the agenda for the August 24th  Council meeting, and will be delayed for discussion until the September 28th Council meeting. The members of the Parks and Recreation Commission requested more time to develop their recommendation.

 

Bill Webster, Administrative Analyst in the Parks and Recreation Department, briefly discussed the background of the Orange County parks bonds, and the resolution which would adopt a recommended request schedule for the use of these 1997 Orange County bonds funds, as requested by the Board of Commissioners.

 

Council Member Pavăo reviewed the reasons for the delay of the first two items in #7, concurring with the request for the delay.

 

COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 17, RECOMMENDING A SCHEDULE FOR USE OF $2 MILLION IN ORANGE COUNTY PARKS BOND FUNDS. THE MOTION WAS ADOPTED UNANIMOUSLY. (9-0).

 

 

A RESOLUTION ADOPTING A RECOMMENDED SCHEDULE FOR USE OF $2 MILLION IN ORANGE COUNTY PARKS BOND FUNDS (98-8-24/R-17)

 

WHEREAS, the voters in Orange County approved $3 million in Orange County parks bond funds in 1997; and

 

WHEREAS, the Orange County Board of County Commissioners has indicated their intent to provide $1 million in parks bond funds for the Northern Community Park and $1 million in parks bond funds for the Southern Community Park; and

 

WHEREAS, the Council intends to invite the County to participate in planning of future development at the Northern Community Park and the Southern Community Park; and

 

WHEREAS, the Orange County Board of County Commissioners has requested that the Town of Chapel Hill submit a proposed schedule for receipt of Orange County parks bond funds;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Manager to submit to the Orange County Board of County Commissioners the following proposed bond use schedule:

 

 

YEAR

AMOUNT

PURPOSE

 

1998

 

$145,000

 

 

Concession/restroom Facility at the Northern Community Park

1999

$205,000

School soccer field at Southern Village ($105,000) and Southern Community Park conceptual plan/construction drawings ($100,000)

2001

$795,000

Construction of Phase I of Southern Community Park

2002

$855,000

Construction at Northern Community Park including concession/restroom building

 

 

This the 24th day of August, 1998.

 

 

 

 

 

Item 8  Discussion of Request For Proposals for Transportation Consultant

to Advise on the Possibilities of Developing a Town-Wide Transportation Model

 

Planning Director Roger Waldon was present to answer questions on the Request for Proposals (RFP).  He added that the Town of Cary was also searching for a transportation consultant and a copy of their RFP had been provided to the Council for information purposes.  Mr. Waldon noted that the draft RFP before the Council tonight was not as broad in scope as the Cary proposal.

 

Council Member Brown noted the intent behind hiring a consultant was to develop a process to gather information regarding the status of traffic throughout the Town as well as how to get the best traffic impact analysis.  She stated she was unsure what was meant by the possible development of a Town-wide transportation model, and asked if this meant developing a computer model.  Council Member Brown indicated developing a computer model had been discussed previously and the Council decided against this option.   She stated that before we continue, she would like more information about just what is meant by the possible development of a Town-wide transportation model so that the language could be modified to more closely define what the Council expects to achieve.  Mr. Waldon remarked that if the Council is interested in talking about something more broad than the development of a transportation model, then the language in the RFP could be adjusted to ask the consultant to address any and all concerns of the Council.

 

Council Member Brown stated that when she had brought this issue before the Council, discussion centered around developing information about current traffic conditions throughout  the town, not just one particular development.  She said that when looking at Cary’s request, it appears we should include in our RFP the preparation of traffic impact analysis, and that was her intent when she brought this before the Council.  Council Member Brown asked if the Council was agreeable to having additional language included in the RFP asking how to develop

 

Council Member Evans asked if this issue was covered on page four of the RFP under Scope of Work?  Council Member Brown said the language in the introduction of the RFP is very narrowly focused on developing a transportation model.

 

Mayor Waldorf asked Council Member Brown to restate her suggested additional language.  Council Member Brown replied to develop information about current traffic conditions throughout the Town and preparation of a traffic impact analysis.

 

Council Member Evans indicated that number two of the RFP refers to a Town-wide analysis.

 

Council Member McClintock said that number two speaks specifically  to a transportation model, and what Council Member Brown’s point is that she would like to see the RFP be broader in nature.  Council Member McClintock agreed with Council Member Brown, stating that when this was previously discussed, it was recognized by the Council that the Town was not addressing the traffic impacts as we approve development proposals, and we need an expert to look at what the Town should be doing and where we should be spending our time, energy and dollars.

 

Council Member Evans indicated she believed it would be helpful to have a consultant talk to the Council about all of these issues so that the Council could understand what type of material they might receive from a consultant, and if transportation modeling would provide the impacts we are looking for.  She noted it could possibly include mitigation measures.  Council Member Evans said she believed you could not determine the impact of traffic if you did not have a traffic analysis to begin with, and thought that a consultant should address all of these issues.

 

Council Member Brown noted she believed she and Council Member Evans were talking about the same thing, adding that the language now is too narrow and should be expanded as suggested.

 

Council Member Foy noted that the consultant should talk to the Council about various alternatives, one of what might be a transportation model.  He noted the Council’s fundamental question should be what kinds of things the Town should be doing to handle our transportation problems.

 

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER BROWN TO PROCEED WITH THE RFP, WITH THE LANGUAGE AMENDED AS SUGGESTED BY COUNCIL MEMBER BROWN (TO DEVELOP INFORMATON ABOUT CURRENT TRAFFIC CONDITIONS THROUGHOUT THE TOWN AND THE DEVELOPMENT OF A TRAFFIC IMPACT ANALYSIS).

 

Mr. Horton noted it would be helpful if the various topics listed by the Council in tonight’s discussion were included in the RFP as examples of the kinds of issues we are seeking advice about.  He noted this would more carefully communicate to the consultant the wide range of issues the Council is concerned about.

 

Mayor Waldorf asked if a deadline had been proposed for receiving proposals.  Mr. Waldon indicated most likely within the next three to four weeks.

 

Mayor pro tem Capowski asked what the cost might be?  Mr. Horton responded we would not know until we received a response to the RFP.  He noted the cost could depend on how the consultant conceives of the work and what the Council finally decides on.  Mayor pro tem Capowski asked if a dollar cap should be considered.  Mr. Horton responded he believed we should wait until the proposals come back, then discuss the possibility of a cap.

 

Council Member Evans noted she would like the consultant to address a signal coordination analysis and also mitigation measures.

 

THE MOTION WAS ADOPTED UNANIMOUSLY.

 

Item 9  Response to Rogerson Drive/Oakwood Drive Traffic Calming Petition

 

George Small, Chapel Hill Engineering Director, briefly summed up the petition from the Rogerson Drive/Oakwood neighborhoods for traffic calming devices. (1) one-way south-bound direction for both streets, (2) closing the median at NC 54 and Rogerson Drive, and (3) installing additional stop signs on both streets. The staff recommended the adoption of Ordinance A. Further requests must be made with the NC Department of Transportation.

 

Robert Foley, Burning Tree Drive and President of the Oaks I Home Owners Association, said that the problem of cut-through traffic from NC 54 involved four streets, because preventing traffic entering Rogerson and Oakwood Drives from NC 54 would just increase the traffic on Hamilton Drive and Burning Tree Road. NC 54 traffic will certainly increase with the addition of the Meadowmont Development.

 

Paula Davis presented a petition, with eighty-two signatures from the Rogerson Drive/Oakwood Drive neighborhoods asking the Council to do something to slow down the cut-through traffic on these streets.

 

Mark Broadwell said that Rogerson and Oakwood Drives were straight and shorter than Burning Tree Road and Hamilton Drive as cut-throughs. He proposed, instead of making these two roads one-way southbound, making it difficult for the twenty-five to thirty residence occupants, that traffic diverters be placed at the intersections at NC54 to prevent right turns onto these roads.

   

Mary Dexter said that the Rogerson Drive/Oakwood Drive neighborhoods were very special and that too many of the cut-through drivers were disdaining the traffic laws. Meadowmont will just bring more traffic on these roads.

 

Beth Kell said that the traffic studies requested by the Rogerson Drive/Oakwood Drive neighbors from the last Council had been ignored, and she hoped that the present Council would be more responsive. The roads were not built for cut-through traffic as there are no curbs and no sidewalks, and the roads are very narrow.

 

Joe Anderson advised the Council that the neighborhood children could no longer cross at Glen Lenox and had to ride the school bus. He also reminded the Council that there were two parks, with another one to be built, in the neighborhood, which causes more traffic. He said that the cut-through median at the University Inn on NC54 at Rogerson Drive was very dangerous, and would be worse with the Meadowmont Development.

 

Council Member McClintock said that she was not opposed to the one-way streets, and found the idea of traffic diverters very appealing and urged the staff to make a further study. She felt that the stop signs would be a good start.

 

Council Member Evans said that she would support one stop sign, but felt that a further study of the overall traffic problem, the intersection of Routes 101 and 54, making the cut-throughs attractive, should be investigated before any other traffic calming devices were installed.

 

Council Member Foy said that he viewed the traffic problem as a planning issue. The minimum that should be done would be stop signs.

 

 

 

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER BATEMAN TO ADOPT ORDINANCE 4B, AND TO REFER THE MATTER TO THE TOWN MANAGER FOR FURTHER STUDY. THE MOTION WAS ADOPTED (8-1), AND COUNCIL MEMBER EVANS VOTING NO.

 

AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES

(98-8-24/O-4b)

 

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

 

SECTION I

 

That Section 21-13(c) of the Town Code of Ordinances, “right-of-way and stop regulations” is amended by inserting the following therein appropriate alphabetical order:

 

Intersection

 

Oakwood Drive and Berkley Road Intersection

Oakwood Drive and Douglas Road Intersection

Rogerson Drive and Berkley Road Intersection

SECTION II

 

This ordinance shall become effective October 1, 1998.

 

SECTION III

 

All ordinances and portions of ordinances in conflict herewith are hereby repealed.

 

This the 24th day of August, 1998.

 

 

Mayor Waldorf felt that the entire area should be part of the study. The Council agreed by consensus. Mr. Horton said that he could have a preliminary report by September 9th.

 

 

Item 10  Consideration of Canine Waste Disposal Ordinance

 

Matt Owens, Masters of Public Administration Program student and former intern in the Manager’s office, presented the background and proposed Ordinance 5, recommended by the staff, to the Council.

 

Council Member McClintock asked what would occur with no ordinance. Mr. Owens responded that complaints would go to the police or the Animal Protection Society for follow-up to citizens whose dogs were defecating on property other than their owner’s.  He noted the Animal Protection Society gets about one to three complaints a month.

 

Council Member Evans asked if calls would be made to 911 instead of to the police or the Animal Protection Society and if there would be enough staff to enforce the ordinance. Her biggest concern, however, was neighbor reporting on neighbor and she wondered if there would be a better way of making people aware of this problem without an ordinance. She suggested amending the Chapel Hill Ordinance Section 4-4 to add a warning for citizens who allowed their dogs to defecate on other people’s property.

 

Council Member Bateman suggested that it would be better to make people aware of the problem and to remind them of their responsibility to keep their dogs from being a nuisance to others. She also suggested having “pooper scooper” devices at public parks for people walking their dogs.

 

Mayor pro tem Capowski felt that the police would be unable to enforce such an ordinance and that the idea should be abandoned.

 

Council Member Brown felt that the Council should recognize that there was a problem.

 

Mayor Waldorf suggested that a resolution be adopted and a letter sent to all dog owners in Chapel Hill reminding them of the leash law and educating them about the problem, asking them to remember that courtesy would help solve the problem.

 

Council Member Pavăo said that he had seen gadgets in pet stores made for picking up the feces and that they might be good to have in the parks.

 

Council Member Wiggins said she had received complaints from some citizens stating that people from other neighborhoods were walking dogs in their neighborhood, and allowing the dogs to defecate there. She wondered what would be their recourse if the ordinance was not adopted.

 

Council Member McClintock said that she had checked with the Police Department and was informed that enforcement of the ordinance would not be a problem. She added that she had recently read that dog feces were becoming more of a health problem, with the residue running off into the water sources.

 

COUNCIL MEMBER WIGGINS MOVED ADOPTION OF ORDINANCE O-5.

 

Council Member Brown noted she would like to substitute a motion that the Council begin with the Mayor’s suggestion that we send a letter to all dog owners, have an assessment period of perhaps eight to ten months, then decide if any improvement has been shown.

 

COUNCIL MEMBER MCCLINTOCK SECONDED O-5.

 

COUNCIL MEMBER BROWN OFFERED A SUBSTITUTE MOTION, SECONDED BY COUNCIL MEMBER PAVĂO, TO HAVE A RESOLUTION AND A LETTER SENT TO ALL DOG OWNERS REMINDING THEM OF THE LEASH LAW AND ASKING THEM TO BE AWARE OF THE PROBLEM, AND TO PRACTICE COURTESY BY REMOVING FECES AS WELL AS HAVING AN ASSESSMENT PERIOD OF ONE YEAR, THEN ASKING CITIZENS TO COME BACK TO THE COUNCIL WITH AN EVALUATION TO DISCOVER IF THE PROBLEM HAS BEEN SIGNIFICANTLY REDUCED.

 

Council Member Wiggins liked this concept, but felt it should be in addition to adoption of the ordinance.

 

THE MOTION TO SUBSTITUTE COUNCIL MEMBER BROWN’S MOTION FOR THE MAIN MOTION WAS ADOPTED 7-2, WITH COUNCIL MEMBERS MCCLINTOCK AND WIGGINS VOTING NAY.

 

Council Member Capowski asked if the letter could be sent in conjunction with the notices sent by the County informing dog owners of yearly taxes.  Mr. Horton stated staff would have to consult with the County.

 

Council Member Bateman asked what relief does a neighbor have if they ask a dog owner to keep a dog off their property but the dog owner continues to do so.  She asked if the trespass law was an option?  Mr. Karpinos noted he did not believe the trespass law could be applied to non-humans, as it was designed to prevent people from coming onto your property.

 

Council Member Wiggins expressed concern that we were leaving citizens with no recourse to keep dogs off their property.

 

Mayor pro tem Capowski stated he does not believe the problem is as widespread as it appears, noting that in his seven years on the Council he has heard only one complaint from a citizen.  He added that discussion of this issue should be abandoned by the Council.

 

Council Member Wiggins noted her belief that that one complaint highlighted a problem experienced by many citizens.

 

Council Member Brown agreed, noting this was a beginning to addressing the problem.

 

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

 

Item 11 - Ordinance Authorizing Co-Sponsorship of a Symposium

on Comprehensive Planning

 

Town Manager Horton gave a brief background concerning the suggestion of Professor David Brower that the Town join with the UNC Department of City and Regional Planning in co-sponsoring an October Symposium on Comprehensive Planning.  Town staff is recommending that a proposed budget ordinance be adopted allocating $5,000 from the General Fund Contingency account to co-sponsor the Symposium.

 

Mayor pro tem Capowski suggested amending the ordinance to include some Council members to work with Dr. Brower on a planning committee, as well as the Planning Board chair. Council Members Brown, Capowski, Evans, and McClintock volunteered to serve.

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, TO ADOPT ORDINANCE 6 WITH AN AMENDMENT TO INCLUDE COUNCIL MEMBERS BROWN, CAPOWSKI, EVANS, AND MCCLINTOCK AND THE PLANNING BOARD CHAIR ON A PLANNING COMMITTEE.  THE MOTION WAS ADOPTED UNANIMOUSLY. (9-0).

 

 

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1998 (98-8-24/O-6)

 

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 June 8, 1998 be and the same is hereby amended as follows:

 

ARTICLE I

 

                                                  Current                                                                       Revised

APPROPRIATIONS                  Budget                Increase           Decrease                  Budget

 

GENERAL FUND

 

      Non-Departmental

            Contingency                    51,890                                           (5,000)                  46,890

 

      Planning                              967,623                    5,000                                         972,623

 

BE IT FURTHER ORDAINED by the Council that Council Members Brown, Capowski, Evans and McClintock and the Planning Board chair will serve on the Planning Committee.

 

This the 24th day of August, 1998.

 

 

Item 12 - Council Meeting Calendar Through December, 1999

 

COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER MCCLINTOCK TO ADOPT THE COUNCIL MEETING CALENDAR. COUNCIL MEMBER CAPOWSKI SUGGESTED AMENDING IT TO DELETE THE 8/28/99 RETREAT. THE MOTION WAS ADOPTED BY A VOTE OF 5-4, WITH MAYOR WALDORF, COUNCIL MEMBERS BATEMAN, CAPOWSKI, EVANS, AND PAVĂO VOTING  YES, AND COUNCIL MEMBERS BROWN, FOY, MCCLINTOCK, AND WIGGINS VOTING NO.

 

Council Members Brown and McClintock said that they thought the retreats were very valuable.

 

COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER FOY, TO AMEND THE COUNCIL MEETING CALENDAR BY STRIKING JANUARY 4, MAY 3, AND JUNE 7, 1999. THE MOTION WAS ADOPTED UNANIMOUSLY. (9-0).

 

A RESOLUTION ADOPTING A CALENDAR OF COUNCIL MEETINGS THROUGH DECEMBER, 1999  (98-8-24/R-18)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the following calendar of Council meetings. Meetings will be at 7 p.m. unless otherwise noted.

 

                                                              Remainder of 1998

     Month

 

     Day of

       week

Date

        Type of meeting

                      Notes

September

 

Wednesday

9

business

 

 

Monday

14

Continue performance evaluation of the Manager and Attorney

6:00 pm; 1st floor conference room, Town Hall

 

Monday

14

hearing

 

 

 

20-22

 

Rosh Hashanah (sundown on the 20th through sundown on the 22nd)

 

Monday

28

business

 

 

 

29-30

 

Yom Kippur (sundown on the 29th through sundown on the 30th)

 

 

 

 

 

October

Monday

5

 

available for work session

 

Wednesday

7

joint planning hearings

location to be determined (date proposed subject to concurrence by other local governing boards)

 

Monday

12

business

University Day

 

 

14-16

 

UNC Fall Break

 

 

18-20

 

NC League of Municipalities’ annual meeting (Charlotte)

 

Wednesday

21

hearing

 

 

Monday

26

business

 

November

Monday

2

 

Available for work session, etc.

 

 

3

 

general election

 

Monday

9

business

 

 

Wednesday

11

 

Veterans' Day (federal holiday; not a Town holiday )

 

Monday

16

hearing

 

 

Monday

23

business

                          

 

Monday

30

 

available for work session

 

 

 

 

 

December

 

1-5

 

National League of Cities meeting (Kansas City)

 

Monday

7

business

 

 

                                                                             

Begin 1999

 

Month

Day of

week

 

Date

Type of Meeting

Notes

January

Monday

11

business

Human Services Advisory Board's annual Needs Report

 

Saturday

16

planning session

8:30 am; location to be determined; includes budget/financial overview

 

 

 

18

 

Martin Luther King Jr. Birthday holiday

 

Wednesday

20

hearing

 

 

Monday

25

business

 

 

Wednesday

27

public forum and hearing

budget, capital program,  Comprehensive Grant, HOME program, Community Development grant, Downtown Service District; potential legislative requests

February

Monday

1

 

available for work session

 

Monday

8

Business

Report on potential legislative requests

 

Monday

15

Hearing

President's Day (federal holiday; not a Town holiday)

February

Wednesday

17

budget work session

6:00 pm; advisory board presentations

 

Monday

22

Business

public forum on legislative requests

 

Wednesday

24

budget work session

6:00 pm; presentation by departments

 

Friday

26

Meeting with legislators

7:30 am; location to be determined; meeting date and time subject to concurrence by legislative delegation

 

 

 

 

 

March

Monday

 

 

 

 

 

 

 

 

 

1

Business

Submittal of proposed 1999-00 public housing budget (application deadline: 4/1);

 

Consideration of adopting legislative program;

 

Submittal of potential changes to service plan for Downtown District for public hearing on May 12 (any changes in service plan must be adopted by 6/30/98 for 1998-99)

 

Request to County for Library, Parks and Recreation and Project Turnaround funding; authorizing boards to make presentations to the County Commissioners

 

Wednesday

3

budget work session

6:00 pm; presentation by departments

 

 

6-9

 

National League of Cities meeting (Washington, DC)

 

 

8-12

 

UNC spring break

 

Monday

15

hearing

 

 

Wednesday

17

budget work session #4

6:00 pm; complete department head and advisory board presentations


 

March

Monday

22

business

submittal of preliminary budget report and capital program and proposed plans for using housing and community development grants including County-wide HOME program

 

 

29

 

NCAA Division I men’s basketball championship

 

Tuesday

30

public forum/ hearing

6:00 pm; preliminary budget report; capital program; Comprehensive Grant, HOME grant program, Community Development grant; and changes to the Downtown Service District service plan

 

 

31-1

 

Passover (begins sundown of March 31st through the evening of April 1st).

 

 

 

 

 

April

 

2

 

Good Friday holiday

 

 

5-9

 

City schools’ spring break

 

Monday

12

business meeting

recommendation by the Human Services Advisory Board on the total amount to be allocated for human services performance agreements in 1999-00

 

Wednesday

14

joint planning hearings

location to be determined (date proposed subject to concurrence by other local governing boards)

 

Monday

19

hearing

 

 

Monday

26

business

       submittal of:

·        recommended budget and capital program

·        proposed  plans for using  grants:

1.      Comprehensive grant (deadline: 6/1),

2.      HOME program (deadline: 5/15) and

 

 

 

 

3.      Community Development grant (deadline: 5/15)

April

Wednesday

28

budget work session

6:00 pm; if needed

 

 

 

 

 

May

Monday

10

business

 

 

Wednesday

12

hearing

budget, capital program, Downtown Service District, transportation grant

 

 

16

 

UNC graduation

 

Monday

17

hearing

 

 

Wednesday

19

budget work session

6 pm; if needed

 

Monday

24

business

 

 

 

 

 

 

June

 

5

 

High school graduations; Saturday

 

Monday

14

business

consideration of adopting 1999-00 budget and related items

 

Monday

21

hearing

 

 

Monday

28

business

consideration of performance agreements:

·        visitor information and cultural events funded with hotel-motel taxes,

·        human services (including recommendations by Human Services Advisory Board) and

·        Downtown Service District;

      year-end budget amendment

June

Wednesday

30

 

available for work session, etc. if needed

 

 

 

 

 

July

 

4

 

Independence Day(Sunday) – Town holiday on July 5th

 

Wednesday

7

business

 

 

 

 

 

 

August

Monday

23

business

 

 

 

 

 

 

Sept.

 

6

 

Labor Day holiday (Monday)

Sept.

 

10-12

 

Rosh Hashanah (sundown on the 10th through sundown on the 12th)

 

Monday

13

business

 

 

 

19-20

 

Yom Kippur (sundown on the 19th through sundown on the 20th)

 

Wednesday

22

hearing

 

 

Monday

27

business

 

 

 

 

 

 

October

Monday

4

 

available for work session

 

Monday

11

business

Columbus Day Observed (not a Town holiday)

 

Tuesday

12

 

University Day

 

Wednesday

13

joint planning hearing

location to be determined (date proposed subject to concurrence by boards)

 

Monday

18

hearing

 

 

 

24-26

 

NC League of Municipalities meeting (Greensboro)

 

Wednesday

27

business

 

Nov.

 

2

 

general election

 

Monday

8

business

 

 

 

11

 

Veterans' Day (not a Town holiday; federal holiday)

 

Monday

15

hearing

 

 

Monday

22

business

                          

 

Monday

29

 

available for work session

 

 

 

 

 

Dec.

 

2-5

 

National League of Cities meeting (Los Angeles)

 

 

3

 

Hanukkah begins (Monday)

 

Monday

6

Organization meeting

 

 

 

 

 

 

 

This the 24th day of August, 1998.

Item 4  Consent Agenda Items Removed for Discussion/Action

 

Item 4e

 

Council Member Foy was concerned that air conditioning was not included in the renovation of the Craig-Gomains neighborhood buildings. Tina Vaughn, Chapel Hill Housing Director, explained that, although the buildings would be eligible for grant funds, the focus was on bringing as many units up to standard as possible, and that the addition of air conditioning would reduce the number of these units being finished, due to costs. The Manager will report on the cost of adding air conditioning to future units to the Council.

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO RESOLUTION 10. THE MOTION WAS ADOPTED UNANIMOUSLY. (9-0).

 

A RESOLUTION AUTHORIZING THE MANAGER TO A EXECUTE CHANGE ORDER IN THE AMOUNT OF $297,012 TO THE RILEY CONTRACTING GROUP, INC. FOR THE RENOVATION WORK OF THE CRAIG-GOMAINS NEIGHBORHOOD (98-8-24/R-10)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to execute a change order with the Riley Contracting Group, Inc. in the amount of $297,012 for renovation of the Craig-Gomains neighborhood as listed below.

 

            1.   Complete sitework at building 506 Gomains                        $64,581

            2.   Substitute building 402 Sykes for 601 Gomains                   $  1,935

            3.   Add six additional units at buildings 507 and 509 Craig     $230,496

 

BE IT FURTHER RESOLVED that the Manager is authorized to execute additional change orders for this project up to $130,000, or 10% of the revised contract amount, if they become necessary and if funding allows it.

 

This the 24th day of August, 1998.

 

 

Item 4l

 

Council Member Pavăo supported the requests for funds generated by the Telephone Facility Agreement to be used for the Northern Community Park.

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER FOY, TO ADOPT RESOLUTION 14A. THE MOTION WAS ADOPTED UNANIMOUSLY. (9-0).

 

 

 

 

 

A RESOLUTION AUTHORIZING THE MANAGER TO EXECUTE AN EASEMENT AGREEMENT FOR A PORTION OF THE NORTHERN COMMUNITY PARK FOR THE PURPOSE OF ALLOWING PERSONAL COMMUNICATIONS EQUIPMENT AND OPERATIONS ON AN EXISTING DUKE ENERGY TRANSMISSION TOWER (98-8-24/R-14a)

 

WHEREAS, the Council has adopted a franchise ordinance on two readings allowing SprintCom Inc. to operate a telephone utility in Chapel Hill; and

 

WHEREAS, Duke Energy has agreed with SprintCom to place a cellular transmission tower on top of an existing tower designed for the transmission of electricity; and

 

WHEREAS, SprintCom and Duke Energy have agreed to attach an antenna to an existing transmission tower in a manner that is acceptable to the Council; and

 

WHEREAS, SprintCom’s cellular telephone transmission tower could provide a service to the citizens of Chapel Hill;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Manager to execute an easement agreement with Duke Energy, substantially consistent with the conditions recommended in the Manager’s memorandum dated August 24, 1998, that would allow the installation and operation of a communications transmission tower on top of an existing electrical transmission tower in the Northern Community Park.

 

This the 24th day of August, 1998.

 

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, RESOLUTION 14B. THE MOTION WAS ADOPTED UNANIMOUSLY. (9-0).

 

A RESOLUTION AUTHORIZING THE MANAGER TO EXECUTE A SITE LEASE AGREEMENT FOR A PORTION OF THE NORTHERN COMMUNITY PARK FOR THE PURPOSE OF ALLOWING SPRINTCOM, INC. AND DUKE ENERGY TO CONSTRUCT AND MAINTAIN A CELLULAR TELEPHONE TOWER (98-8-24/R-14b)

 

WHEREAS, the Council has adopted a franchise ordinance on two readings allowing SprintCom Inc. to operate a telephone utility in Chapel Hill; and

 

WHEREAS, Duke Energy has agreed with SprintCom to place a cellular transmission tower on top of an existing tower designed for the transmission of electricity; and

 

WHEREAS, SprintCom and Duke Energy have agreed to attach an antenna to an existing transmission tower in a manner that is acceptable to the Council; and

 

WHEREAS, SprintCom’s cellular telephone transmission tower could provide a service to the citizens of Chapel Hill;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Manager to execute a site lease agreement with SprintCom, substantially consistent with the conditions recommended in the Manager’s memorandum dated August 24, 1998, that would allow the installation and operation of a communications transmission tower on top of an existing electrical transmission tower in the Northern Community Park.

 

This the 24th day of August, 1998.

 

 

Council Member McClintock stated she would like to delay a decision on where the funds generated from this agreement would be used, ask the Manager to clarify what action had been taken in the past, and then schedule a discussion on what future policy would be for the use of such funds.

 

COUNCIL MEMBER PAVĂO MOVED, SECONDED BY COUNCIL MEMBER EVANS, THAT FUNDS GENERATED BY THE TELEPHONE FACILITY AGREEMENT BE USED FOR IMPROVEMENTS, RENOVATIONS AND ADDITIONS TO THE NORTHERN COMMUNITY PARK.

 

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER BROWN, A SUBSTITUTE MOTION THAT FUNDS GENERATED BY THE TELEPHONE FACILITY AGREEMENT BE USED FOR GREENWAYS. THE MOTION TO SUBSTITUTE THIS MOTION FOR THE MAIN MOTION WAS ADOPTED BY A VOTE OF 5-4, WITH COUNCIL MEMBERS BATEMAN, EVANS, PAVĂO, AND WIGGINS VOTING NAY.

 

THE MOTION MAIN WAS ADOPTED BY A VOTE OF 7-2, WITH COUNCIL MEMBERS EVANS AND PAVĂO VOTING NAY.

 

 

Item 5 - Information Reports Removed for Discussion/Action

 

Item 5e

 

Council Member Pavăo pulled this item to support an expedited review of the site plan review requested by Chapel Hill Internal Medicine. Dr. Stephen Manton explained that the increase of new patients (about 200 per month), made a pressing need for a new building, in order to serve the patient community’s demands, for added space and new physicians in the practice.

 

Council Members Evans and McClintock expressed the opinion that this petition for expedited review was not warranted.

 

COUNCIL MEMBER PAVĂO MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, TO ADOPT RESOLUTION 20. THE MOTION WAS ADOPTED BY A VOTE OF 5-4, WITH MAYOR WALDORF, COUNCIL MEMBERS BROWN, EVANS, PAVĂO, AND WIGGINS VOTING YES, AND COUNCIL MEMBERS BATEMAN, CAPOWSKI, FOY AND MCCLINTOCK VOTING NO.

 

A RESOLUTION DIRECTING EXPEDITED PROCESSING IN THE REVIEW OF THE

APPLICATION FOR SITE PLAN APPROVAL FOR THE CHAPEL HILL INTERNAL

MEDICINE DEVELOPMENT  (98-8-24/R-20)

 

WHEREAS, the Town of Chapel Hill has received a request from Mr. Stephen Manton for expedited processing of the application for Site Plan Review for the Chapel Hill Internal Medicine development; and

 

WHEREAS, expedited processing of this application could alleviate a potential hardship to the staff and patients of the Chapel Hill Internal Medicine clinic;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is directed to expedite processing of the Site Plan Review application for the Chapel Hill Internal Medicine development, in a manner that will speed review without sacrificing breadth or depth of analysis.

 

This the 24th day of August, 1998.

 

 

COUNCIL MEMBER PAVĂO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADJOURN THE MEETING. THE MOTION WAS APPROVED UNANIMOUSLY. (9-0).

 

The meeting stood adjourned at 10:37 p.m.