SUMMARY MINUTES OF A REGULAR BUSINESS MEETING OF THE
CHAPEL HILL TOWN COUNCIL , MONDAY, OCTOBER 12, 1998
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, Julie McClintock, Lee Pavăo, and Edith Wiggins. Also in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Town Attorney Ralph Karpinos, Solid Waste Administrator Gayle Wilson, Assistant to the Manager Ruffin Hall, Planning Director Roger Waldon, Fire Marshal Larry Johnson, Fire Chief Dan Jones, Engineering Director George Small, and Interim Town Clerk Joyce Smith.
Item 1 – Ceremonies (none)
Item 2 – Report on Work of Shaping Orange County’s Future Committee
Peggy Pollitzer reported on the formation of a Task Force, which last reported to the Council on June 1st. She said that since then a Synthesis Committee has been formed to analyze all eight reports and identified eight focus areas: (1) Economic Vitality and Quality, (2) Management of Growth and Development, (3) Transportation Issues, (4) Environment and Natural Resources, (5) Responsive Governments and Quality Public Services, (6) Quality Community Life and Participation, (7) Basic Human Needs, Services and Issues, and (8) Diverse Educational Needs and Services.
Ms. Pollitzer noted that the Committee has identified the major issues and their interaction with each other. She said the work group also looked at the driving forces in the County and the restraining forces that are acting upon the area. Ms. Pollitzer stated that they will be used in analysis to project public trends and to choose scenarios for the future, and to list problem areas, areas of controversy, and areas that have been at issue for some time in the County. She also noted that a special work group has been appointed and has had two meetings. Ms. Pollitzer said the group will identify preeminent issues which need to be addressed, have a community dialogue, look at both sides of the issues, and come back for a community forum. She indicated that they are beginning a profile of Orange County and are currently in the heart of their work, with results coming by fall or the end of this year.
Council Member Evans asked Ms. Pollitzer what Step the Committee had reached. Ms. Pollitzer responded that they were into Step 5 and expected to finish by fall. Council Member Evans asked Ms. Pollitzer if the Committee could forward its data collection of Step 4 to the Planning Board as it would be helpful in preparation of the Chapel Hill Comprehensive Plan.
Mayor Waldorf said that the staff could be helpful in making a video to publicize the Committee’s efforts. Ms. Pollitzer said that they planned to publish a brochure and have exposure in the newspaper. She stated that anyone wishing to get involved with the committee would be welcome.
Debra Colpitts petitioned Mayor Waldorf by phone regarding traffic on Erwin Road.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO RECEIVE AND REFER MS. COLPITTS’ PETITION TO THE TOWN MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Ms. Adams petitioned for an expedited review for the Village Charter School in order to rent a house for the school.
Council Member Bateman asked what would be the special use. Mr. Horton said that staff would look into it and get back to the Council. Ms. Adams said that she thought it might be from Group A to Group B.
COUNCIL MEMBER MCCLINTOCK MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO RECEIVE AND REFER MS. ADAM’S PETITION TO THE TOWN MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Mr. Bouchard presented a petition with 150 signatures to the Council protesting the dangerous intersection at the corner of Ridge Road and Country Club Road and requesting two crosswalks and pedestrian signs or a signal light be erected at the intersection.
Council Member Evans said that she lived and walked in the area and recognized the problem, but that it was a complex one and needed to be looked at by the Transportation Department.
Council Member McClintock said that she would like the staff to ask the appropriate department to consider the problem and come back to the Council with some options.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO RECEIVE AND REFER MR. BOUCHARD’S PETITION TO THE TOWN MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Mr. Gangi spoke about a petition made to the Council at its September 28th meeting. He requested that the Council readvertise the Request for Proposals for architectural services for the Town’s new Southern Fire Station and include the Town’s energy ordinance, and send the request to the architects listed with the North Carolina Solar Energy Association. He hoped that Chapel Hill could build a showcase for energy conservation.
Mayor Waldorf said that this was on the Agenda as Item #14.
Council Member Brown felt that Item #14 would not be reached for consideration in tonight’s meeting and, rather than let it go for another two weeks, felt that the Council should act upon it at this time.
Mayor Waldorf agreed that until the fire station was built, the Town could not annex Southern Village, so the Council might as well act upon the matter now, even though it was out of order in the Agenda.
Council Member Brown said that she wanted the proposals mailed to those on the North Carolina Solar Center’s mailing list as well as other architects, along with a copy of the Town’s energy ordinance.
COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER FOY, TO READVERTISE THE REQUEST FOR PROPOSALS, INCLUDING A COPY OF THE TOWN’S ENERGY ORDINANCE, TO THE MEMBERS OF THE NORTH CAROLINA SOLAR ENERGY ASSOCIATION, AS WELL AS OTHER ARCHITECTS. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION
DIRECTING THE TOWN MANAGER TO READVERTISE FOR ARCHITECTS FOR THE NEW FIRE STATION
(98-10-12/R-20b)
WHEREAS, the Town Council has adopted an ordinance promoting energy conservation in the design and construction of new and renovated Town buildings; and
WHEREAS, the voters of Chapel Hill approved a public safety bond referendum in 1996 and the Council scheduled sales of the bonds to accommodate construction and occupancy of a fire station with a police substation in the summer of 2000; and
WHEREAS, the Town Council believes that the initial Request for Proposals for architectural services for the new fire station should include a copy of the Town’s energy conservation ordinance,
NOW, THEREFORE, BE IT RESOLVED by the Council of the
Town of Chapel Hill that the Town Manager is hereby directed to readvertise for
proposals and include a copy of the energy ordinance with the full Request for
Proposals.
BE IT FURTHER RESOLVED that the Manager is directed to send notices of the Request for Proposals to all architects on the list for Piedmont and Eastern North Carolina kept by the North Carolina Solar Center.
This the 12th day of October, 1998.
Council Member Bateman wondered if the N.C. Department of Transportation could be asked in a written letter, again, for an explanation of the sewage spill on Airport Road. She also wanted to publicly compliment OWASA for contacting her, and for their efforts in apologizing to the neighborhood for the spillage.
COUNCIL MEMBER BATEMAN MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ASK THE STAFF TO WRITE ANOTHER LETTER TO THE N.C. DEPARTMENT OF TRANSPORTATION REGARDING AN EXPLANATION OF THE RECENT SEWAGE SPILLAGE ON AIRPORT ROAD. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Council Member Bateman called to the attention of the Council a letter written by Pat and Ray Carpenter concerning the mistake made with their boundary line during the construction occurring at The Estates. She related that their suggestion was for the Town to have a member of the staff be responsible for boundary line disputes.
Council Member McClintock wished to add that when the staff addresses these concerns, if they could tell the Council how the buffers are preserved and also if they could keep the neighbors in construction areas informed of the building schedules.
COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER BATEMAN TO REFER THIS PETITION TO THE TOWN MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Council Member Brown, in reference to item b, received a letter from a citizen regarding improvements on South Columbia Street, which stated that no plans were made for including sidewalks on the west side of the street. She discussed this with the Town Manager and they agreed to bring this matter up for public record, so that after the Department of Transportation completed the project, the Town could look at the possibility of a pedestrian path from Coolidge Street to the Bypass.
Mayor pro tem Capowski said that he felt it was a good idea that local citizens could get a chance to react to small problems such as this. Mr. Horton said that there would be a set of drawings giving the local people a chance to comment.
Council Member Bateman, calling attention to item f, said that she wanted to highlight the fact that the Council was supporting the proposed State Bond Issues for water, sewer and natural gas. Mayor Waldorf said that she had sent this information to the local newspapers.
Mayor Waldorf said, in reference to item g, that the date for the workshop on sedimentation was not going to work, but asked the Council to agree to the Resolution, leaving the date blank.
Mayor pro tem Capowski, in
reference to item i, noted that he did not have a clear understanding of the
indented sentence of Resolution 9. In
Resolution 10, he wished to insert “physical” before “need for the parking” in
the last sentence of “THEREFORE, BE IT RESOLVED.”
COUNCIL MEMBER PAVĂO, MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT THE CONSENT AGENDA AS AMENDED. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION ADOPTING VARIOUS RESOLUTIONS
AND ORDINANCES
(98-10-12/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:
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a. |
Minutes of August 29th and September 9th Closed Session. |
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b. |
Resolution endorsing N.C. Department of Transportation proposed design for improvements on South Columbia Street between Manning Drive and Fordham Boulevard. (R-2). |
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c. |
Resolution authorizing the Manager to execute an agreement with the N.C. Department of Transportation for direct allocation for sidewalks along Cameron Avenue and Raleigh Road. (R-3). |
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d. |
Resolution authorizing the Manager to execute an agreement with the Town of Carrboro for water quality testing. (R-4). |
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e. |
Resolution scheduling a public forum on possible change to public access fees for cable television. (R-5). |
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f. |
Resolution in support of the proposed N.C. State bond issue for water, sewer and natural gas projects. (R-6). |
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g. |
Resolution scheduling work session with outside experts on soil erosion and sedimentation issues. (R-7). |
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h. |
Resolution referring items related to soil and erosion control to work session with outside experts (see item 4.g). (R-8). |
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i. |
Resolutions calling public hearings on consideration of adding fifth finding to Special Use Permit applications and amending the parking requirements to limit initial paving of required parking areas. (R-9) (R-10). |
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j. |
Resolution adopting contract and project budget amendment ordinance for comprehensive plan update consultant. (R-11). (O-1). |
This the 12th day of October, 1998.
A RESOLUTION ENDORSING THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
PROPOSAL FOR DESIGN OF CERTAIN ROADWAY, DRAINAGE, BIKELANE, AND SIDEWALK
IMPROVEMENTS ON SOUTH COLUMBIA STREET (N.C. 86) BETWEEN MANNING DRIVE AND
FORDHAM BOULEVARD (98-10-12/R-2)
WHEREAS, South Columbia Street between Manning Drive and Fordham Boulevard is a key roadway serving the Town, the University of North Carolina, and the UNC Hospitals; and
WHEREAS, both the Town and the University are interested in having the State construct certain roadway, bicycle, pedestrian, and drainage improvements on South Columbia Street to better serve all users of this important transportation corridor; and
WHEREAS, representatives of both the Town and the University have met with State officials to discuss the desired improvements which would include limited roadway widening; and
WHEREAS, in response to a preliminary design proposal made by the Town and University, the State has proposed a compromise design consisting of two twelve-foot wide travel lanes, two four-foot wide striped bikelanes, curb and gutter along both sides of the roadway, a five-foot wide sidewalk along the east side of the roadway, and associated drainage and intersection improvements as can reasonably be accommodated with minimal disruption of adjacent properties;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council herewith endorses the State’s compromise design proposal and requests that the North Carolina Department of Transportation proceed with the design, funding, and construction of the above described improvements on South Columbia Street (N.C. 86) between Manning Drive and Fordham Boulevard.
BE IT FURTHER RESOLVED that the Council authorizes the Town Manager to request that the University of North Carolina at Chapel Hill endorse the State’s proposal in writing.
This the 12th day of October, 1998.
A RESOLUTION AUTHORIZING
THE TOWN MANAGER TO EXECUTE AGREEMENTS WITH NCDOT REGARDING SIDEWALK
IMPROVEMENTS ALONG CAMERON AVENUE AND RALEIGH ROAD (98-10-12/R-3)
WHEREAS,
the Town of Chapel Hill has requested Surface Transportation Program Direct
Allocation (STP-DA) funds for sidewalk improvement projects along Cameron
Avenue and Raleigh Road; and
WHEREAS, project plans are being developed and Direct Allocation funds in the amount of $152,000 for the Raleigh Road project and $48,000 for the Cameron Avenue project have been approved by the Durham-Chapel Hill-Carrboro Transportation Advisory Committee; and
WHEREAS, agreements outlining cooperative responsibilities must be executed by the Town and the State for each project in order for the funds to be made available;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to execute agreements between the Town and NCDOT regarding cost-sharing and construction of sidewalk improvements along Cameron Avenue and Raleigh Road.
This the 12th day of October, 1998.
A RESOLUTION
AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH THE TOWN OF CARRBORO
FOR STREAM WATER QUALITY TESTING WITHIN CARRBORO’S JURISDICTION (98-10-12/R-4)
WHEREAS,
the Town of Chapel Hill has an on-going program for testing stream water
quality within its planning jurisdiction; and
WHEREAS, the Town of Carrboro has requested that the testing program be expanded to include sites in Carrboro’s jurisdiction; and
WHEREAS, Carrboro would reimburse the Town for additional expenses involved in expanding the program;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to execute an agreement with the Town of Carrboro for stream water quality testing within Carrboro’s jurisdiction.
This the 12th day of October, 1998.
A RESOLUTION
REGARDING THE SUPPLEMENTAL PUBLIC ACCESS RATE FOR CABLE TELEVISION IN CHAPEL
HILL (98-10-12/R-5)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council calls a public forum on October 26, 1998 to receive comments on whether the supplemental public access rate should be adjusted for inflation, continued at the present rate of 66 cents per month, reduced or eliminated.
BE IT FURTHER RESOLVED that the Council requests the recommendations of the Public Access Advisory Committee regarding potential adjustment to the public access fee rate.
This the 12th day of October, 1998.
A RESOLUTION IN
SUPPORT OF THE PROPOSED STATE BOND ISSUES FOR WATER, SEWER, AND NATURAL GAS
(98-10-12/R-6)
WHEREAS, the North Carolina General Assembly in its 1998 session ratified SB 1354 Bonds/Critical Infrastructure Needs, and Governor James B. Hunt Jr. signed the bill into law and pledged his active support; and
WHEREAS, SB 1354 provides $800 million in loans and grants for much needed water and wastewater capital projects; and
WHEREAS, SB 1354 provides $200 million to extend natural gas service into underserved areas of the State; and
WHEREAS, a recent study has identified more than $11 billion in water and sewer capital needs, and the bonds are a critical step in meeting these long-range infrastructure needs; and
WHEREAS, the water and sewer bonds will assist local governments in all areas of the State to protect the quality of our surface and drinking waters and promote sound economic development; and
WHEREAS, the water, sewer and natural gas bonds will facilitate smart growth and result in more jobs for North Carolinians; and
WHEREAS, the bond issues will help move North Carolina forward;
NOW, THERFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council strongly supports the bond issues proposed by SB 1354 for water, sewer and natural gas and encourages citizens to vote in favor of these bond issues at the polls on November 3rd.
This the 12th day of October, 1998.
A RESOLUTION DIRECTING THE TOWN MANAGER TO SCHEDULE A COUNCIL WORK SESSION ON SOIL EROSION AND SEDIMENTATION ISSUES, INCLUDING PRESENTATIONS BY OUTSIDE EXPERTS (98-10-12/R-7)
WHEREAS,
the Council is interested in receiving information from experts regarding the
management and mitigation of soil erosion and sedimentation; and
WHEREAS,
the Council wishes to hold a work session including said experts and
specifically focused on soil erosion and sedimentation issues;
NOW,
THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the
Council directs the Manager to arrange for a soil erosion and sedimentation
work session, including presentations from outside experts, on a date to be
determined by a poll of the Council.
This the 12th day of October, 1998.
A RESOLUTION
REFERRING THE ATTORNEY’S REPORT ON EROSION AND SEDIMENTATION FOR DISCUSSION AT
THE TOWN COUNCIL’S WORK SESSION
(98-10-12/R-8)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council refers the report of the Town Attorney on erosion and sedimentation issues for discussion at the Council’s work session on related matters.
This the 12th day of October, 1998.
A RESOLUTION CALLING A PUBLIC HEARING TO AMEND THE DEVELOPMENT ORDINANCE (98-10-12/R-9)
WHEREAS, traffic impacts of new development are of particular concern to the Town Council; and
WHEREAS, the Council seeks to focus additional attention on such impacts and efforts to mitigate them as new development proposals are being considered;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council calls a Public Hearing to consider amending Chapel Hill’s Development Ordinance, to create a 5th finding for Special Use Permit approvals, requiring the Council to find prior approval of a Special Use Permit:
“That the applicant has specifically mitigated the auto-related impacts of the development, both on-site and in the region that the proposed area affects.”
BE
IT FURTHER RESOLVED that this hearing be scheduled for 7:00 p.m. on February
15, 1999.
This
the 12th day of October, 1998.
A RESOLUTION
CALLING A PUBLIC HEARING TO AMEND THE DEVELOPMENT ORDINANCE (98-10-12/R-10)
WHEREAS, the Council is concerned about unnecessary development of paved parking areas;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council calls a Public Hearing to consider amending Chapel Hill’s Development Ordinance, to adjust parking requirements such that only a percentage of a development’s approved parking could initially be paved, and such that full paving of approved parking could be accomplished only after demonstration of a physical need for the parking.
BE IT FURTHER RESOLVED that this hearing be scheduled for 7:00 p.m. on February 15, 1999.
This the 12th day of October, 1998.
A RESOLUTION
APPROVING A CONTRACT AND SCOPE OF WORK FOR REVISION OF CHAPEL HILL’S
COMPREHENSIVE PLAN (98-10-12/R-11)
WHEREAS, the Council seeks to revise Chapel Hill’s Comprehensive Plan; and
WHEREAS, the Council has selected the firm of Wallace Roberts and Todd to assist the Town by providing consultant services for this project; and
WHEREAS, the Council finds that the attached Contract for Professional Services, Scope of Services, and Fee Schedule to be acceptable and appropriate for the needed tasks;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves the attached Scope of Services and Fee Schedule, and authorizes the Town Manager to execute a Contract for Professional Services according to the terms of the attached documents.
This the 12th day of October, 1998.
AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1998” (98-10-12/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:
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ARTICLE I |
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Appropriations |
Current Budget |
Increase |
Decrease |
Revised Budget |
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GENERAL FUND |
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Planning |
973,791 |
10,556 |
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984,347 |
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ARTICLE II |
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REVENUES |
Current Budget |
Increase |
Decrease |
Revised Budget |
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GENERAL FUND |
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Fund Balance |
1,940,375 |
10,556 |
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1,950,931 |
This the 12th day of October, 1998.
Mayor Waldorf requested that item b be removed and put on a future agenda.
Council Member Foy discussed item e and asked whether more direction was needed on open burning. Mr. Horton said that: (1) the Council needed to create stipulations to go into Resolutions when the burning is on properties in the ETJ, and (2) when the Council undertakes the legislation and development process, the staff should bring a proposal at that time.
Council Member McClintock wished to add a stipulation that the developers chip the trees rather than burning them and wants the Council to consider this. Mr. Horton said that staff would bring this consideration to the Council.
Mayor pro tem Capowski requested the removal of item a for consideration on a future agenda, since, as Council Member Brown pointed out, the Council would probably not get to it at this meeting.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO MAKE THE FOLLOWING NOMINATIONS:
Community Design Commission Scott Radway
David Roth
THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Mayor Waldorf made note that the person who had resigned from this committee is a member of the minority community and she would like to see another member of the minority community represented on this committee. The Council agreed by consensus.
Gary Carver asked the Council to reject several pieces of Resolution 12, specifically, under Visions and Goals—Numbers 4 and 6, under Facilities, Services and Programs—Numbers 2,3,4,5, and 6, and under Financing—he noted that this would give the staff a “slush fund,” which he considered the wrong method.
Pamela St. John, a Blackwood Mountain Road resident, spoke against the proposals and said that she favors a new plasma facility. She said that she and the neighbors in the area would finance a trip for anyone on the Council to visit and study a plasma facility in Japan.
Council Member Brown proposed some suggested changes to the Manager’s recommended resolution concerning the County assuming responsibility for solid waste management operations.
COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, TO CHANGE SOME OF THE LANGUAGE IN RESOLUTION 12.
Mr. Horton said that he is opposed to the one-cent sales tax as it would be double taxation for Chapel Hill residents.
Mayor Waldorf led the Council Members through Council Member Brown’s proposed changes to Resolution 12.
Visions/Goals
1. “We support the solid waste goals adopted in December 1995.”
The Council agreed to leave as written.
2. “We believe it desirable to operate solid waste management as an enterprise fund.”
The Council agreed to leave as written.
3. “We reiterate the Council resolution of July 2, 1998 stating:
‘Recognize the need to begin discussions on whether to keep the Greene Tract as publicly owned land, and if so, what if any uses would be suitable. Recognize that a decision about the Greene Tract should not delay the transfer of governance. Until such time as decisions are made regarding siting of solid waste management facilities, which includes the possible use of the Greene Tract as recognized in the Council’s July 2 resolution, the Council will make no commitment about use of the Greene Tract. The Council asks for clarification about the difference between the proposal in this section that the “Greene Tract remains a landfill assest” and the proposal in the section on facilities, etc., that only 60 acres be used for solid waste management activities.’”
Council Member Brown proposed the addition of the last two statements to the Manager’s recommendation.
Council Member Evans said that she was opposed to the use of the Greene Tract.
Council Member McClintock said that the Greene Tract is a landfill asset and that the 60 acres came back as a compromise, and if it was rejected then it was possible to lose the whole plan. She noted that the 60 acres offers flexibility. Council Member McClintock would like to stick with the Manager’s language.
Council Member Foy agreed and said that the language was purposely vague. He noted that the 60 acres is a compromise and restrictions could be used.
Council Member Brown said that the main point is that the Council needs to be part of the decision making in siting the facilities. She stated that the Council should keep options open about the Greene Tract. Council Member Brown said that a consultant has been selected and would be coming to the next meeting of the Landfill Owners’ Group (LOG). She noted that all elected officials in Orange County would be invited to the meeting. Council Member Brown also indicated that the consultant could, hopefully, help the Council along in the decision-making.
Mayor pro tem Capowski said that there were sound reasons for the County Commissioners to run the landfill. He noted that everyone elects them. Mayor pro tem Capowski stated that Chapel Hill can’t grant solid waste facilities and still say Chapel Hill wants to control it. He is happy with the County Commissioners’ compromise of the 60-acre Greene Tract.
Council Member Brown said that she is talking about being part of the policy-making decisions before any change is made.
Council Member Bateman said that the bottom line for her on the 60 acres was the neighbors. She does not support the 60 acres and can’t support a delay in the transfer of the governance.
Mayor pro tem Capowski said that the people in the Eubanks area do not elect the Chapel Hill Town Council; they elect the County Commissioners.
Council Member McClintock said that this was a big problem and a big responsibility and she would like to put the Greene Tract off to the side for the present.
Council Member Foy said that with the 60-acre parcel the County could build buffers around it. He noted that the facilities are going to be sited in the Eubanks neighborhood and the Council needs to go forward, needs to make concessions and to commit to the facilities.
Council Member Wiggins said that she feels that Council Member Brown is only asking for clarification on what is meant by using all of the Greene Tract for a landfill asset and she has no problem in asking for this clarification.
COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER MCCLINTOCK, TO ADD ON COUNCIL MEMBER BROWN’S SECOND STATEMENT TO THE MANAGER’S RECOMMENDATIONS. THE MOTION WAS APPROVED (5-4), WITH COUNCIL MEMBERS BATEMAN, CAPOWSKI, FOY, MCCLINTOCK, AND WIGGINS VOTING AYE, AND MAYOR WALDORF AND COUNCIL MEMBERS BROWN, EVANS AND PAVĂO VOTING NAY.
4. “The Council opposes the acquisition of Mrs. Blackwood’s and Mr. Nunn’s properties adjacent to the landfill property north of Eubanks Road, but does not oppose acquisition of other properties.”
Council Member Brown proposed this statement as a substitute for the Manager’s recommendation.
Council Member McClintock does not want to tie the hands of the County.
Council Member Foy did not think it was fair.
Mayor Waldorf hoped that a way could be found not to take either of these properties.
Council Member Pavăo said that there was other land available.
COUNCIL MEMBER PAVĂO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO SUBSTITUTE COUNCIL MEMBER BROWN’S LANGUAGE. THE MOTION WAS APPROVED (7-2), WITH MAYOR WALDORF AND COUNCIL MEMBERS BATEMAN, BROWN, CAPOWSKI, EVANS, PAVĂO, AND WIGGINS VOTING AYE AND COUNCIL MEMBERS FOY AND MCCLINTOCK VOTING NAY.
5. “We believe that cooperation among committed partners is essential for the success of the solid waste management in Orange County; and, we believe that adoption of an Interlocal Agreement would formalize the commitment among the parties.”
The Council agreed to leave as written.
6. “We believe that the Landfill Fund appears not to be an appropriate source of funds for community improvements unless there is some causative relationship between the landfill operations and the water problems experienced by the neighbors. The Council also opposes use of LOG funds because of the double taxation issue. The Council supports a County-wide bond as the most equitable means of funding for the extension of water to the Roger’s Road neighborhood.”
Council Member Brown proposed that the last two statements be added to the Manager’s recommendation.
Mayor pro tem Capowski didn’t think the Council should recommend a bond.
Council Member Foy thought that a bond was okay, but wondered what would happen if a bond issue failed.
By acclamation, the Council favored the deletion of the word “bond” and the use of the wording a “County-wide source of revenue,” and agreed to the rest of Council Member Brown’s substitution.
7. “The Council remains committed to the financing of solid waste operations which supports waste reduction yet maintains the economic viability of all solid waste facilities. We are open to ideas, but we are uncommitted as to how that can be accomplished until hearing the recommendation of the LOG Finance Committee.”
Council Member Brown proposed this statement as a substitute for the Manager’s recommendation. She said that a recommendation would come soon from the LOG Finance Committee. Council Member Brown wanted to keep the language of her substitution and the Council agreed.
8. “We agree with the waste reduction goals of 45% by 2001 and 61% by 2006, as adopted by all four governing boards.”
The Council agreed to leave as written.
9. “We support including a commitment to the implementation of the County-wide integrated solid waste management plan, as adopted by all four Orange County jurisdictions, into the Interlocal Agreement.”
The Council agreed to leave as written.
Community Benefits
1. “We reiterate that we believe that the issue of double taxation is an important one which the one-cent sales tax proposal does not resolve. We believe that all County residents should share equally in the funding of any water service lines provided to the community around the landfill, using the principle of one person/one tax. The Council opposes using the one-cent sales tax for providing benefits as double taxation and supports a County-wide bond (see #6 above).”
The Council agreed to leave as written.
1. “We think it desirable that if the County assumes operational control that it becomes responsible for the budget at the same time. The Council remains committed to its July 2 resolution that all of the solid waste issues now pending be resolved before any agreement on change in governance is made. These include siting of a construction and demolition waste facility and a materials recovery facility by the fall of 1998, identifying locations for a transfer station and resolution of future financing methods for solid waste operations. Therefore the Council defers action on this condition until after these decisions have been made.”
Council Member Foy felt that the Council should leave the Manager’s statement as is.
Mayor Waldorf said that the Council needs to have a say in the siting.
Council Member Foy does not want the response to the County to be unduly negative. He would like to put a deadline on the decisions.
Council Member Brown felt that the Manager’s proposal took the decisions out of the hands of the Council. Mayor Waldorf agreed.
Council Member Foy said that flexibility was needed and that the Council needs to decide who is going to run the solid waste facility. He said that the decision on siting does not have to be made yet.
COUNICIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO SUBSTITUTE COUNCIL MEMBER BROWN’S LANGUAGE. THE MOTION WAS APPROVED (5-4), WITH MAYOR WALDORF AND COUNCIL MEMBERS BROWN, EVANS, PAVĂO AND WIGGINS VOTING AYE, AND COUNCIL MEMBERS BATEMAN, CAPOWSKI, FOY AND MCCLINTOCK VOTING NAY.
2. “We suggest the wording provided in the Interlocal Agreement:
‘All of the system employees will be transferred to the County and become County employees subject to the supervision of the County Manager in the same fashion as other County employees.’”
The Council agreed to leave as written.
3. “Until such time as transfer actually occurs, the Town of Chapel Hill will continue to develop the budget, with Orange County involved in the process to the greatest extent possible, with continued oversight by the Landfill Owners’ Group.”
The Council agreed not to accept Council Member Brown’s amendment and agreed to leave the Manager’s statement as written.
4. “We agree that the Carrboro Board of Aldermen, the Chapel Hill Town Council, and the Orange County Board Commissioners must sign the Interlocal Agreement in order to execute the transfer of ownership and responsibility.”
The Council agreed to leave as written.
5. “We agree on the need for a local commitment to efficient, responsible, and progressive solid waste management activities. The Interlocal Agreement would provide the legal basis for the commitment of the partners to the system.”
The Council agreed to leave as written.
6. “The Landfill Owners’ Group is an advisory body to the three member governments and does not direct solid waste management operations. The Town of Chapel Hill is currently responsible for administration of the Landfill Fund and the Solid Waste Management Department. We would expect this situation to continue until the revised Interlocal Agreement is executed and implemented. The Council recognizes the LOG’s right to set and operate by its own rules as established in January of 1997. These rules included decision by majority rule. The Council supports this LOG decision.”
Council Member Brown proposed that the last two statements be added to the Manager’s recommendation.
Council Member McClintock felt that the substitute proposal was irresponsible, making it very difficult for the County partners and felt that the County would be agreeable to the decisions by the LOG.
Council Member Bateman supported Council Member Brown’s proposal.
Council Member Foy felt that the Council needs to recognize that it is voting repeatedly against the County on the LOG’s decisions at its last two meetings, which is not helpful. He noted that the LOG is an advisory group.
COUNCIL MEMBER PAVĂO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO APPROVE COUNCIL MEMBER BROWN’S LANGUAGE. THE MOTION WAS APPROVED (6-3), WITH MAYOR WALDORF AND COUNCIL MEMBERS BATEMAN, BROWN, EVANS, PAVĂO, AND WIGGINS VOTING AYE, AND COUNCIL MEMBERS CAPOWSKI, FOY AND MCCLINTOCK VOTING NAY.
7. “The Council reiterates its position of July 2, that all of the solid waste issues now pending be resolved before any agreement on change in governance is made and supports continuation of the present way of dealing with solid waste matters until such agreement is signed.”
The Council agreed to leave the Manager’s recommendation as written, although Council Member Brown said she preferred her own language.
8. “We understand that solid waste collection decisions should be the responsibility of each jurisdiction, as contained in Article V of the latest draft of the Interlocal Agreement."
The Council agreed to leave as written.
9. “We believe it would be useful for the University to monitor/participate in all proceedings and that we should encourage their participation. Our understanding is that the law does not allow the University to be a signatory to an Interlocal Agreement.”
The Council agreed to leave as written.
1. “We reiterate the Council resolution of July 2, 1998 stating: ‘Recognize the need to begin discussions on whether to keep the Greene Tract as publicly owned land, and if so, what if any uses would be suitable. Recognize that a decision about the Green Tract should not delay the transfer of governance.’ The Council opposes the use of the Greene Tract for a construction and demolition waste facility and requests that the Commissioners specify what solid waste management activities it contemplates on the Greene Tract as well as where on the Greene Tract.”
Council Member Brown proposed the last sentence of this statement as a substitution for the last sentence in the Manager’s recommendation.
Mayor Waldorf said that she wanted no solid waste on the Greene Tract. She felt it was not a good place for a C & D facility.
Council Member Foy felt that the proposal needed clarification. He stated that what the Council opposes is a dump, not a recycling facility.
Council Member Evans felt that the 43-43-14 formula needed to be spelled out.
Mayor pro tem Capowski said that the Town is going to have to build a C & D facility somewhere.
Mayor Waldorf agreed but said that the Greene Tract was not the place for one.
Mr. Gayle Wilson, answering a question about Chatham County waste disposal, said that the Chatham County transfer station gets only a small amount of C & D waste; other C & D waste goes to adjoining counties.
Mr. Horton said that usually there is a C & D transfer station only if no other facility is available on the property owned by a county.
Council Member McClintock said that the County does not generate a lot of C & D waste and that the properties are larger; the major producers of C & D waste are the University, Chapel Hill, and Carrboro. She felt that the Council should not take the position that Chapel Hill is not going to use the Greene Tract, that it was bought as a solid waste disposal facility, and there is not going to be a landfill there.
In response to a question by Council Member Brown as to who actually uses the C & D waste disposal facility, Mr. Wilson said that about 60% of C & D waste is carried on small pickup trucks, and that the University does not use this C & D site. He noted that the largest single user is the County, which issues permits to haulers.
Council Member Foy said that he opposed using the Greene Tract for a C & D waste landfill.
COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER MCCLINTOCK, TO AMEND THE LANGUAGE OF THE MOTION PROPOSED BY COUNCIL MEMBER BROWN TO CHANGE THE WORD “FACILITY” TO SAY “LANDFILL” AND ADD THE MANAGER’S SECOND SENTENCE AND DELETE THE WORD “NEVERTHELESS” IN THE MANAGER’S LAST SENTENCE. THE MOTION FAILED (7-2) WITH MAYOR WALDORF, COUNCIL MEMBERS BATEMAN, BROWN, CAPOWSKI, EVANS, PAVĂO, AND WIGGINGS VOTING NAY, AND COUNCIL MEMBERS FOY AND MCCLINTOCK VOTING AYE.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVAO TO SUBSTITUTE COUNCIL MEMBER BROWN’S LANGUAGE. THE MOTION WAS APPROVED (6-3), WITH MAYOR WALDORF, COUNCIL MEMBERS BATEMAN, BROWN, EVANS, PAVĂO AND WIGGINS VOTING AYE, AND COUNCIL MEMBERS CAPOWSKI, FOY, AND MCCLINTOCK VOTING NAY.
2., 3., & 4. “The Council continues to support the July 2 resolution that siting a MRF and C&D waste facility have priority and favor these decisions made by fall of 1998. The Council further supports working with the MRF consultant to help in identifying criteria for selecting a site, suing already identified sites as candidates. The Council supports identifying possible locations for a transfer station during the process of siting a MRF.”
The Council agreed to substitute Council Member Brown’s language.
5. “We continue to believe that a locally owned or controlled MSW disposal facility is still desirable, given the potential future financial and public health risk of depending on distant facilities and commercial vendors. The Council position of July 2 remains the same, i.e., ‘Acknowledge at this time that there will be no search for a future landfill site recognizing that this will not be binding on any future governments.’”
Council Member Brown proposed the addition of the last statement to the Manager’s recommendation.
The Council agreed to accept Council Member Brown’s addition.
6. “We believe that eminent domain should be used if necessary to obtain land needed for the community’s solid waste management facilities.”
The Council agreed to leave as written.
1. “The Council recognizes that all boards will need to endorse a revenue generating instrument to supplement tipping fees. As previously stated, before endorsing any funding mechanism we want to have the benefit of the report from the LOG Finance Committee. We remain committed to a funding mechanism that supports waste reduction and is equitable for all generators of waste. If a County-wide fee is implemented, the Council does not support including the names of the municipalities in identifying the fee. The citizens of the municipalities are residents of Orange County.”
Council Member Brown proposed this statement as a substitute for the Manager’s recommendation.
Council Member McClintock asked why the Council shouldn’t trust the elected officials.
Council Member Foy said that he thought that the Manager’s language was fine, that the wording was not provocative.
Council Member Brown pointed out that her meaning was that the Council was not wanting to make the decisions, but only to be part of the decision making.
Mayor pro tem Capowski liked the staff recommendation, but wanted to make sure that the fees levied were County and not identified as Chapel Hill fees.
COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER MCCLINTOCK, TO LEAVE THE MANAGER’S PROPOSAL AS WRITTEN. THE MOTION WAS APPROVED (5-4), WITH MAYOR WALDORF, AND COUNCIL MEMBERS BATEMAN, CAPOWSKI, FOY, AND MCCLINTOCK VOTING AYE, AND COUNCIL MEMBERS BROWN, EVANS, PAVĂO AND WIGGINS VOTING NAY.
2. “We support pay-as-you-throw as a means of regulation resulting in significant waste reduction, was contained in the County-wide solid waste management plan. Pay-as-you-throw as a financing mechanism may be most suitable for financing waste collection and disposal services. We also believe that the financing of collection and disposal costs should be left up to each jurisdiction.”
The Council agreed to leave as written.
3. “We recommend that the County begin using the existing administrative overhead formula and, once they gain experience, conduct an analysis of their real costs and make adjustments as necessary.”
The Council agreed to leave as written.
1. We recommend that the Carrboro Board of Aldermen, the Chapel Hill Town Council, and the Orange County Board of Commissioners conclude remaining issues concerning governing with the establishment of a conference committee made up of 2 representatives of each jurisdiction. Such a committee would try to resolve all differences, identify any areas of disagreement remaining and revise the draft Interlocal Agreement.”
Council Member McClintock said that she would like to amend the Manager’s proposal so that the Mayors of Chapel Hill and Carrboro, and the Chair of the County Commissioners meet to resolve any remaining issues.
Council Member Brown felt that there should be up to three members from each Board represented.
COUNCIL MEMBER MCCLINTOCK MOVED, SECONDED BY COUNCIL MEMBER FOY, TO AMEND THE MANAGER’S PROPOSAL TO READ THAT THE CHAIR OF EACH BOARD MEET TOGETHER TO RESOLVE ANY OUTSTANDING ISSUES THAT ARE INCORPORATED INTO THE INTERLOCAL AGREEMENT WHICH ALL JURISDICTIONS WILL SIGN. THE MOTION FAILED (6-2) WITH MAYOR WALDORF ABSTAINING AND COUNCIL MEMBERS BATEMAN, BROWN, CAPOWSKI, EVANS, PAVĂO AND WIGGINS VOTING NAY AND COUNCIL MEMBERS FOY AND MCCLINTOCK VOTING AYE.
The Council agreed to leave as written.
COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 12 AS AMENDED. THE MOTION PASSED (7-2) WITH MAYOR WALDORF AND COUNCIL MEMBERS BATEMAN, BROWN, CAPOWSKI, EVANS, PAVĂO, AND WIGGINS VOTING AYE, AND COUNCIL MEMBERS FOY AND MCCLINTOCK VOTING NAY.
A RESOLUTION OFFERING COMMENTS TO THE ORANGE COUNTY BOARD OF COMMISSIONERS REGARDING THEIR AUGUST 11, 1998 PROPOSAL FOR ASSUMING RESPONSIBILITY FOR SOLID WASTE MANAGEMENT OPERATIONS (98-10-12/R-12)
WHEREAS, the Council of the Town of Chapel Hill
is one of three governments which own the Orange Regional Landfill; and
WHEREAS, the Town of Chapel Hill, under the 1972
agreement, administers landfill operations; and
WHEREAS, the three owners of the landfill have
raised significant questions about future means of reducing and disposing of
solid waste, and about future governance and financing of solid waste
management in Orange County; and
WHEREAS, the Town of Chapel Hill is committed to
reaching aggressive waste reduction goals through implementation of the
County-wide integrated solid waste management plan;
NOW, THEREFORE, BE IT RESOLVED by the Council of
the Town of Chapel Hill that the Council adopts the following statements in
response to an Orange County proposal of August 20, 1998 regarding transferring
governance of the Orange Regional Landfill to Orange County:
Vision/Goals
1.
We support the
solid waste goals adopted in December 1995.
2.
We believe it
desirable to operate solid waste management as an enterprise fund.
3. We reiterate the Council resolution of July 2, 1998 stating: "Recognize the need to begin discussions on whether to keep the Greene Tract as publicly owned land, and if so, what if any uses would be suitable. Recognize that a decision about the Greene Tract should not delay the transfer of governance." The Council asks for clarification about the differences between the proposal in this section that the “Greene Tract remains a landfill asset” and the proposal in the section on facilities, etc., that only 60 acres be used for solid waste management activities.
4.
The Council opposes
the acquisition of Mrs. Blackwood’s and Mr. Nunn’s properties adjacent to the
landfill property north of Eubanks Road, but does not oppose the acquisition of
other properties.
5.
We believe that
cooperation among committed partners is essential for the success of the solid
waste management in Orange County; and, we believe that adoption of an
Interlocal Agreement would formalize the commitment among the parties.
6.
We believe that the
Landfill Fund appears not to be an appropriate source of funds for community
improvements unless there is some causative relationship between the landfill
operations and the water problems experienced by the neighbors. The Council also opposes use of LOG funds
because of the double taxation issue.
The Council supports a County-wide source of revenue as the most
equitable means of funding for the extension of water to the Rogers Road
neighborhood.
7.
The Council remains
committed to the financing of the solid waste operations which supports waste
reduction yet maintains the economic vitality of all solid waste
facilities. We are open to all ideas,
but we are uncommitted as to how that can be accomplished until hearing the
recommendation of the LOG Finance Committee.
8.
We agree with the
waste reduction goals of 45% by 2001 and 61% by 2006, as adopted by all four
governing boards.
9.
We support
including a commitment to the implementation of the County-wide integrated
solid waste management plan, as adopted by all four Orange County
jurisdictions, into the Interlocal Agreement.
Community
Benefits
1. We reiterate that we believe that the
issue of double taxation is an important one which the one-cent sales tax
proposal does not resolve. We believe
that all County residents should share equally in the funding of any water
service lines provided to the community around the landfill, using the
principle of one person/one tax. The
Council opposes using the one-cent sales tax for providing benefits as double
taxation and supports a County-wide source of revenue (see #6 above).
Governance/Management
1. We think it desirable that when the County
assumes operational control that it becomes responsible for the budget at the
same time. The Council remains
committed to its July 2 resolution that all of the solid waste issues now pending
be resolved before any agreement on change in governance is made. These include siting of a construction and
demolition waste facility and a material recovery facility by the fall of 1998,
identifying locations for the transfer station and resolution of future
financing methods for solid waste operations.
Therefore the Council defers action on this condition until after these
decisions have been made.
2. We
suggest the wording provided in the Interlocal Agreement:
"All of the
system employees will be transferred to the County and become County employees
subject to the supervision of the County Manager in the same fashion as other
County employees."
3. We believe it would be necessary for the
Chapel Hill Town Council to formally adopt the budget; however, the budget
could be developed by the County Manager and reviewed and approved by the
County Commissioners before action by the Town Council.
4. We agree that the Carrboro Board of
Aldermen, the Chapel Hill Town Council, and the Orange County Board of
Commissioners must sign the Interlocal Agreement in order to execute the
transfer of ownership and responsibility.
5.
We agree on the
need for a local commitment to efficient, responsible, and progressive solid
waste management activities. The Interlocal
Agreement would provide the legal basis for the commitment of the partners to
the system.
6. The Landfill Owners’ Group is an advisory
body to the three member governments and does not direct solid waste management
operations. The Town of Chapel Hill is
currently responsible for administration of the Landfill Fund and the Solid
Waste Management Department. We would
expect this situation to continue until the revised Interlocal Agreement is
executed and implemented. The Council
recognizes the LOG’s right to set and operate by its own rules as established
in January of 1997. These rules
included decision by majority rule. The
Council supports this LOG decision.
7. Members of the new Solid Waste Advisory
Commission should be appointed according to Article VI 6.03 of the latest draft
of the Interlocal Agreement.
8. We understand that solid waste collection
decisions should be the responsibility of each jurisdiction, as contained in
Article V of the latest draft of the Interlocal Agreement.
9. We believe it would be useful for the
University to monitor/participate in all proceedings and that we should
encourage their participation. Our
understanding is that the law does not allow the University to be a signatory
to an Interlocal Agreement.
Facilities,
Services, & Programs
1. We reiterate the Council resolution of July
2, 1998 stating: “Recognize the need to
begin discussions on whether to keep the Greene Tract as publicly owned land,
and if so, what if any uses would be suitable.
Recognize that a decision about the Greene Tract should not delay the
transfer of governance.” The Council
opposes the use of the Greene Tract for a construction and demolition waste
facility and requests that the Commissioners specify what solid waste management
activities it contemplates on the Greene Tract as well as where on the Greene
Tract.
2., 3., 4. The Council continues to support the July 2 resolution that siting a MRF and C& D waste facility have priority and favor these decisions being made by fall of 1998. The Council further supports working with the MRF consultant to help in identifying criteria for selecting a site, using already identified sites as candidates. The Council supports identifying possible locations for a transfer station during the process of siting a MRF.
5. We continue to believe that a locally owned
or controlled MSW disposal facility is still desirable, given the potential
future financial and public health risk of depending on distant facilities and
commercial vendors. The Council
position of July 2 remains the same, i.e., “Acknowledge at this time that there
will be no search for a future landfill site recognizing that this will not be
binding on any future governments.”
6. We believe that eminent domain should be
used if necessary to obtain land needed for the community's solid waste
management facilities.
Financing
1. We
believe we should finalize an alternative method of financing future solid
waste programs which cannot be financed through tipping fees. We believe that an availability fee would be
a reliable method of financing future solid waste expenditures that cannot be
supported by tipping fees, and support the latest draft of the Interlocal
Agreement (Article V) which provides a contractual basis for such a fee to be
imposed, as well as the overall basis for landfill fund financing.
2. We support pay-as-you-throw as a means of
regulation resulting in significant waste reduction, as contained in the
County-wide solid waste management plan.
Pay-as-you-throw as a financing mechanism may be most suitable for
financing waste collection and disposal services. We also believe that the financing of collection and disposal
costs should be left up to each jurisdiction.
3. We
recommend that the County begin using the existing administrative overhead
formula and, once they gain experience, conduct an analysis of their real costs
and make adjustments as necessary.
Process
1. We recommend that the Carrboro Board of
Aldermen, the Chapel Hill Town Council, and the Orange County Board of
Commissioners conclude remaining issues concerning governing with the
establishment of a conference committee made up of 2 representative of each
jurisdiction. Such a committee would
try to resolve all differences, identify any areas of disagreement remaining
and revise the draft Interlocal Agreement.
This the 12th day of October, 1998.
Item 8 – Report from Work Group and Task Forces
a. Downtown
Small Area Plan Work Group
John Hawkins reported for the Downtown Small Area Plan Work Group, which has been working on the Downtown Small Area Plan for twelve months and completed it in August. He suggested that the implementation part of the plan had not been completed and that a group should be formed to continue independently on implementation. Mr. Hawkins hoped that the plan would be incorporated into the Comprehensive Plan. He highlighted the parts of the Vision Statement which he felt were most important: (1) the pedestrian oriented aspect of the downtown, (2) preservation of significant buildings and redevelopment of underutilized lots, (3) lot 5 is a primary parcel for major redevelopment, (4) suggestion for the addition of a stretch of retail stores to be located at street line across from University Square, (5) encouraged mixed use, and (6) to build out of Streetscape within five years. Mr. Hawkins said that the primary unfinished business was the strategy for implementation of the plan.
Council Member McClintock asked how the design guidelines work and how would they affect downtown. Mr. Hawkins said that the guidelines were suggestions but the Appearance District was a positive step.
Mayor Waldorf said that some of the members of the Task Force wanted to bring some ordinance-changing proposals to the Council and also asked Mr. Hawkins if the Work Group was satisfied. Mr. Hawkins said that the Work Group was satisfied as far as they went and that it was important to keep the plan in the forefront.
Council Member Brown asked if there would be time to study the plan.
Council Member Evans said that it would be incorporated into the Comprehensive Plan.
b.
Report from the
Sustainable Development Task Force
There was no comment from the Committee.
c. Report
from the Bicycle Task Force
Chris Van Hassel reported that the Bicycle Task Force has been meeting regularly for the past six months and was presenting recommendations for its second and third charges. He said that the Task Force is recommending three additional roads to the 1989 Bikeways Plan: High School Road, Barbee Chapel Road, and Hamilton Road, and upgrading Umstead Road for a bike lane. Mr. Van Hassel also presented a prioritized list, which was headed by Estes Road and Estes Road Extension.
Gary Barnes, a member of the Task Force, added a further proposal from the Task Force for the appointment of an on-going Walk and Bikeways Commission to oversee the implementation of the 1998 Bicycle Plan.
Council Member Evans asked why the Greenways Plan was not included in the current Plan. Mr. Barnes said that it was a separate item, which was not in the 1989 Plan, which was a Roadways Plan, but felt that they both should be combined.
Council Member McClintock asked Mr. Barnes to comment on the funding sources for the Plan, and what were the best sources. Mr. Barnes said that there were State and federal funds and some unused funds, and that they needed to package the funds available.
Mayor pro tem Capowski stated that he was glad that the lack of inclusion of bike lanes in the recent paving of Estes Drive was mentioned and wanted it known that it was the responsibility of the N.C. Department of Transportation. He was happy to have the Plan for inclusion in next year’s budget, and reassured Mr. Barnes that he would see an improvement in implementation.
Mr. Van Hassel thanked several members of the staff, particularly Claudia Paine of the Planning Department, who had been helpful to the Task Force in preparation of the Plan. He said that the Task Force had staffed a booth at Festifall.
COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 13a REFERRING THE REPORT TO THE COMPREHENSIVE PLAN WORK GROUP AND TO THE TOWN MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION REFERRING ADVISORY BOARD REPORTS TO THE COMPREHENSIVE PLAN
WORK GROUP AND TO THE TOWN MANAGER
(98-10-12/R-13a)
WHEREAS, the Town Council established a Downtown Small Area Plan Work Group to prepare a draft Small Area Plan for the downtown area; and
WHEREAS, the Town Council created a Sustainable Development Task Force to make recommendations to the Council and advisory boards regarding sustainable development; and
WHEREAS, the Town Council established a Bicycle Task Force to begin to update the bicycle plan in the 1989 Transportation Report and to report to the Council in six months;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council receives the reports made by the Downtown Small Area Plan Work Group, the Sustainable Development Task Force, and the Bicycle Task Force and refers these reports to the Comprehensive Plan Work Group for consideration as part of the planned revision of the Town’s Comprehensive Plan.
BE IT FURTHER RESOLVED that the Council offers its thanks and appreciation to the Downtown Small Area Plan Work Group, the Sustainable Development Task Force, and the Bicycle Task Force for their work on these important issues.
BE IT FURTHER RESOLVED that the Town Manager is directed to consider these reports in preparation of the budget and capital improvements program documents for the 1999-2000 fiscal year.
This the 12th day of October, 1998.
COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER BATEMAN, TO ADOPT RESOLUTION 13bDIRECTING THE TOWN MANAGER TO PREPARE AN ORDINANCE CREATING A WALKS AND BIKEWAYS COMMISSION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION DIRECTING THE TOWN MANAGER TO PREPARE AN ORDINANCE CREATING A WALKS AND BIKEWAYS COMMISSION
(98-10-12/R-13b)
WHEREAS, the Bicycle Task Force has suggested a Walks and Bikeways Commission be established to provide focus on bicycle and pedestrian issues;
NOW,
THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the
Council directs the Town Manager to prepare an ordinance for the Council’s
consideration that would create a permanent Walks and Bikeways Commission.
This the 12th day of October, 1998.
(verbatim transcription)
Council Member Lee Pavăo moved adoption of
Ordinance 7, seconded by Council Member Evans.
Mayor Waldorf asked if there was any discussion,
and recognized Council Member Foy.
Council Member Kevin Foy said: (verbatim)
"This is an issue that the Council has
already discussed in closed session and so I would like to explain publicly why
at least four Council Members are not going to vote in favor of this
resolution, Council Members Brown,
Capowski, McClintock and I, and I'd like to explain why we are not voting for
it.
Management of Chapel Hill is a Town of 40,000
residents and nearly 600 employees with an Annual Operating Budget of $50
million is a complex and demanding job.
We recognize that and we applaud our Manager for the many things that he
and his staff do well. For example, the
Manager keeps us well informed and stays abreast of developments in his field;
his response in emergency situations is superb. Most notable in recent times was the response to Hurricane Fran,
to several disastrous fires and the drug arrests of a couple of weeks ago. We recognize the tremendous amount of
planning and preparation that go into the successful fall and spring street
fairs and we have every confidence in his public safety leadership.
But there are aspects of Town management that we
think require serious evaluation for which we believe there can be significant
improvement. For example, in the Town's
development review process, Chapel Hill continues to grow and with that growth
come pressures both positive and negative.
It’s the responsibility of this Town Council to weigh the costs and
benefits of development and to achieve a balance that benefits all
citizens. It's the responsibility of
Town management to provide the Town Council with objective analysis of
developments and to include information about both sides of controversial
issues. We have found staff reports
deficient in this regard.
Furthermore, it is the Manager's responsibility
to enforce our ordinances. The Town
Manager has authority delegated by the Council to grant a wide range of
permissions within his discretion. We
would, however, expect that permissions be granted with strict adherence to the
letter and spirit of our ordinances.
Particularly those ordinances that seek to protect environmentally
sensitive lands. We are concerned that
the Town has been less than vigilant in controlling run off and pollution in
Lake Ellen while it has developed the new Northern Community Park. In another area of concern, Town workers’
complaints have been acknowledged and steps have been taken to remedy them but
some problems have not been resolved such as those within the Transportation
Department and among the Black Public Works Association. We remain committed to
working with our Manager and hope that these comments will help advance the
interests of the Town of Chapel Hill."
Mayor Waldorf asked if there were any further
comments.
Council Member Pavăo said: (verbatim)
"Yes, since I moved it I would like to
comment. I come at it differently. In my opinion Chapel Hill is served very
well by the Manager, the Attorney and the staff that we have. While evaluating the Manager and the
Attorney I was once again impressed by the variety and number of things that
each of them are called on to do. The Manager's
task is really daunting, when one considers the complexities and breadth of his
duties and the things he has to be involved in. The same can be said for the Town Attorney; the law is complex,
as are our ordinances. His knowledge
and ability to understand and interpret the law is impressive.
For the Manager and the Attorney we established
Performance Evaluation forms so that the Council could objectively evaluate
them. The Town Attorney's listed 14
points that we would judge him on. The
Manager's included 5 categories with six to eleven points each to evaluate
performance. In addition the Council
established Priority Goals and Objectives for 1997-98, for him. These included Critical Goals, (2) Important
Goals, (9) and Additional Goals (23) or 34 in all. And he's addressed every one of them. Some are still in progress, some are finished. I would like to thank each of them for a job
well done.
On five categories for the evaluation the
Manager's total score was 3.863. Now
consider that 5 is excellent, 4 is very good, 3 is good and 1 and 2 indicates
need for improvement, a 3.863 can only be considered that the Manager and the
Attorney meets or exceeds expectations, as 80% of all of our employees have
done this year. And what the five of us
have done is recommended the same salary increase for the Manager and the
Attorney that we've agreed to for the other 80% of our employees.
Personally, I think that Cal and Ralph deserve
the maximum increase that we're giving out, which is 5.75%, but I went along
with the majority decision to award them the 4.75%."
Mayor Waldorf then commented: (verbatim)
"I just wanted to say a couple of
things. I work really closely with the
Manager and the Attorney and I think that the year that was covered by this
evaluation, 1997-98, was in my opinion an excellent one with the Town. We had a lot of progress with public housing
and in public safety, and we hired a fine new director for Parks and
Recreation. We adopted a budget that
was fair to our employees and put, I think for the first time in a long time
perhaps enough emphasis on street and Town property maintenance and on building
more sidewalks. I think it was a year
of unprecedented success in getting capital improvements underway and
completed. We did more than I think the
Town has done in a very long time, so I think that all of these accomplishments
and a whole lot more reflect very well on the Manager's performance.
I think we've got to be very careful about
setting goals, publicly and deliberately setting goals for the Manager and then
if we do that we need to make sure that they play a very important part of the
evaluation process. I'd like to say
that in my opinion, the Attorney's opinions are always well researched and
thoughtful and to me they are understandable.
He is highly respected among his peers and I would note for the record
that we did very well in the resolution of all the legal challenges that we
faced during the year that was under consideration. Both of these guys have a lot of intelligence and they have
valuable experience that serves the Town very well every day. I work with them often and I don't need to
agree with them all the time, in fact we disagree freely and often, to
recognize that they do a very good job for their Town. So, it's important for me for citizens to
know how I feel about this and also for Town employees to know how I feel about
this. So, the final thing I want to say
and I say this to myself as well as to all of us is that I think a very
important quality of leadership is to bring out the best in the people you work
with, and I believe this is achieved best through encouragement and through
praise where that's appropriate and through very clear direction when something
is not done right. So I call on all the
Council Members and myself included to make sure we provide that very clear
direction."
Vote on Ordinance 7. Ayes were Bateman, Waldorf, Pavăo, Evans, Wiggins. Nays were Foy, Brown, Capowski, and
McClintock.
AN ORDINANCE AMENDING THE POSITION CLASSIFICATION AND PAY PLAN DATED OCTOBER 1, 1998 (98-10-12/O-7)
BE IT ORDAINED by the Council of the Town of Chapel Hill that the Ordinance Establishing a Position Classification and Pay Plan (98-6-8/O-7) is amended as follows:
In Section IV, part B, under Elected and Appointed Officials, DELETE the lines
Position: No.
Town Manager 1 $97,498
Town Attorney 1 $90,093
and ADD the lines
Position: No.
Town Manager 1 $102,129
Town Attorney 1 $ 94,372
This the 12th day of October, 1998. (First
reading)
Pavăo moved Ordinance 1.2, seconded by
Evans. Ayes were Bateman, Waldorf,
Pavao, Evans, and Wiggins. Nays were
Foy, Brown, Capowski, and McClintock.
AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1998 (98-10-12/O-1.2)
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, 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
Town Manager 850,470 4,631 855,101
Legal 153,766 4,279 158,045
ARTICLE II
Current Revised
REVENUES Budget Increase Decrease Budget
GENERAL FUND
Fund Balance 1,950,931 8,910 1,959,841
This the 12th day of October, 1998.
Item 9 – Chapel Hill Bible Church Application for Zoning Atlas Amendment
and Special Use Permit
Planning Director Roger Waldon presented the background for the Chapel Hill Bible Church’s application for a Zoning Atlas Amendment and a Special Use Permit. He noted that at a public hearing parking was discussed. Mr. Waldon stated that it was felt that there are two places on the site where vegetation needs to be preserved, so the recommendation is to reduce the amount of parking by 57 spaces to 803 parking spaces. He said that it is the recommendation of the staff for approval of rezoning, Ordinance 2, and for a Special Use Permit, Resolution 15a.
Council Member McClintock asked when the three lanes would be completed. Mr. Waldon said that the approval is based on the widening of Erwin Road, but that there would be full turning lanes into the driveways.
Mayor pro tem Capowski asked if there were two phases for the parking, when would the second phase be done. Mr. Waldon said that there were no phases, that the church was asking for approval on the entire plan.
Mayor Waldorf said that she would like to ask the applicant to make all road improvements in the early stages of the development.
John McAdams, of John R. McAdams Company, spoke on behalf of the church’s application. He circulated a written document to the Council in which he reiterated the church’s need for Residential-3 zoning, upgrading from Residential-2. He also said that the parking formula used was 1 parking space to 4 seats and that the church would need 600 parking spaces for the church itself, and 250 parking spaces for the Sunday School. Mr. McAdams offered several justifications for the 850 parking spaces and said that providing adequate parking was very important to the church. He noted that the church had purchased 32 acres, which could have easily accommodated 1,000 parking spaces.
Emily Williams, neighbor and church member, and member of the Church Building Committee, spoke in favor of the proposal, particularly for the parking spaces. She would not like to see parking overflow into the streets or nearby neighborhoods. Ms. Williams presented a petition with 118 signatures of the regular church attendees in favor of the requested parking spaces, to the Council.
Harold Glasser, previous chairman of the Covington Place Homeowners Association, expressed his concerns for the Chapel Hill Bible Church project and read a petition statement from the Board of Directors of Covington Place. The petition recommended that the Town Council require the Chapel Hill Bible Church to provide an environmental impact study, with specifications recommending that the Planning Department provide copies of Request for Quotation, with a list of contractors qualified to perform the study, to the Church. The petition also requested that the Planning Department and the principals of the Bible Church select the best contractor for the job.
Council Member Brown put into record the name of a citizen who lives in the Inglewood development, Joan Hume, who doesn’t object to the church, but to its size.
Mayor pro tem Capowski asked the applicant how many parking spaces were in the first phase and how many spaces would be used during the week. Mr. Ralph Mason, speaking for the applicant, said that there are 580 spaces for the first phase, and that during the week from 100-200 spaces would be used. Mr. Mason explained that the expectation is that the project will build out over the next twenty years.
Council Member Foy asked if there is a school planned in the project. Mr. Mason said not at this time.
Council Member Foy asked if the planners had considered using deck parking. Mr. Mason said that the cost would be prohibitive.
Council Member Foy asked what would be the scale of the project under Residential-2. Mr. Mason said that the initial proposal called for 47,000 square feet. He explained the difference in floor area ratios between Residential-2 and Residential-3 and stated that the project will need all the area allotted in Residential-3.
Mayor Waldorf commented that the amount of floor area proposed would exceed the amount permitted in Residential-2.
Council Member Evans asked about traditional church uses and wondered if non-traditional uses would require a modification in the permit. Mr. McAdams said that other churches allow groups to meet that are non-traditional users and they are not required to have a Special Use Permit.
Mr. Karpinos said that the definition would be, customarily, incidental uses.
Mayor Waldorf asked if the church would be willing to go ahead with the widening of Erwin Road. Mr. Mason said that it would be a matter of expense, because the church did not plan to add the other driveway for ten years, but they would do it if needed.
Council Member McClintock asked about the number of cars expected on a Sunday morning and what would be the trip generation between a zoning of Residential-2 and Residential-3. Mr. Waldon said that the percentage between the two would be about 40% less for floor space, which could make a difference in the number of cars. Mr. Mason said that they expected no difference for the next ten years.
MAYOR PRO TEM CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO CLOSE THE HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Council Member Brown said that she was voting against the project because of its size and potential traffic problems.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO APPROVE ORDINANCE 2. THE MOTION WAS ADOPTED (7-2), WITH MAYOR WALDORF AND COUNCIL MEMBERS BATEMAN, CAPOWSKI, FOY, EVANS, PAVĂO, AND WIGGINS VOTING AYE, AND COUNCIL MEMBERS BROWN AND MCCLINTOCK VOTING NAY.
AN ORDINANCE
AMENDING THE CHAPEL HILL ZONING ATLAS FOR THE CHAPEL HILL BIBLE CHURCH (7.26..18 and 46) (98-10-12/O-2)
WHEREAS, the Council of the Town of Chapel Hill has considered the application of the John R. McAdams Company on behalf of the Chapel Hill Bible Church, to amend the Zoning Atlas to rezone property described below from Residential-2 to Residential-3-Conditional Use Zoning, and finds that the amendment is warranted because it achieves the purposes of the Comprehensive Plan;
NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill that the Chapel Hill Zoning Atlas be amended as follows:
Section I
That the property identified as now or formerly Chapel Hill Township Tax Map 26, Lot 18, located on the east side of Erwin Road between Sage Road and Englewood Drive, within the Residential-2 zoning district, be rezoned from Residential-2 to Residential-3-Conditional. The legal description of the entire property shall be as indicated on the Final Plat for Recombination of Property for Eastowne Associates, recorded in Deed Book 60, Page 79. Please refer to the attached map.
That the property identified as now or formerly Chapel Hill Township Tax Map 26, Lot 46, located at the northeast corner of the Erwin Road/Sage Road intersection, within the Residential-2 zoning district, be rezoned from Residential-2 to Residential-3-Conditional. The legal description of the entire property shall be as indicated on the Final Plat for Minor Subdivision of Property for Chapel Hill Bible Church, recorded in Deed Book 61, Page 88. Please refer to the attached map.
Section II
That all ordinances and portions of ordinances in conflict herewith are hereby repealed.
This the 12th day of October, 1998.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO APPROVE RESOLUTION 15a.
MAYOR PRO TEM CAPOWSKI OFFERED A “FRIENDLY” AMENDMENT, THAT, OF THE 803 PARKING SPACES APPROVED BY THIS SPECIAL USE PERMIT, 500 ARE AUTHORIZED FOR CONSTRUCTION INITIALLY. THE REMAINING PARKING MAY BE SUBSEQUENTLY CONSTRUCTED UPON DEMONSTRATION TO THE TOWN COUNCIL THAT NEED FOR ADDITIONAL SPACES EXISTS, FOLLOWED BY A COUNCIL RESOLUTION APPROVING CONSTRUCTON OF ADDITIONAL PARKING. DEMONSTRATION OF NEED SHALL TAKE THE FORM OF SURVEYS OF LOT UTILIZATION, RECORDED INCIDENCE OF THE LOT BEING FULL, AND DOCUMENTATION OF OVERFLOW PARKING ON ADJACENT STREETS/PROPERTIES.
Mayor Waldorf asked Council Member Evans (mover) and Council Member Pavăo (seconder) if they would accept the amendment as “friendly.” They both agreed.
Council Member McClintock asked why not just amend the Resolution to approve the first phase, which would fill the immediate need.
Council Member Bateman said that she would be opposed to this amendment.
Council Member Brown said that she was still concerned with the traffic and supported Mayor Waldorf in asking the church to provide traffic improvements.
Council Member Foy said that the Council should try to encourage the church to work with less parking spaces.
COUNCIL MEMBER MCCLINTOCK MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO AMEND THE RESOLUTION TO ASK THE APPLICANT TO MAKE ALL THE ROAD IMPROVEMENTS NOW. THE MOTION WAS APPROVED (6-3), WITH MAYOR WALDORF, AND COUNCIL MEMBERS BATEMAN, BROWN, CAPOWSKI, FOY, AND MCCLINTOCK VOTING AYE, AND COUNCIL MEMBERS EVANS, PAVĂO AND WIGGINS VOTING NAY.
COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO AMEND THE RESOLUTION AND CHANGE #4 FROM 803 PARKING SPACES TO 730 PARKING SPACES. THE MOTION FAILED (4-5), WITH COUNCIL MEMBERS BATEMAN, BROWN, FOY, AND MCCLINTOCK VOTING AYE, AND MAYOR WALDORF AND COUNCIL MEMBERS CAPOWSKI, EVANS, PAVĂO AND WIGGINS VOTING NAY.
The Council returned to the main motion.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO TO ADOPT RESOLUTION 15a WITH THE TWO AMENDMENTS JUST ADOPTED. THE MOTION PASSED (7-2) WITH MAYOR WALDORF AND COUNCIL MEMBERS BATEMAN, CAPOWSKI, EVANS, MCCLINTOCK, PAVĂO, AND WIGGINS VOTING AYE, AND COUNCIL MEMBERS BROWN AND FOY VOTING NAY.
A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE
CHAPEL HILL BIBLE CHURCH (File No.
26..46) (98-10-12/R-15a)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council finds that the Special Use Permit application, proposed by the John R. McAdams Company on behalf of Chapel Hill Bible Church, on property identified as Chapel Hill Township Tax Map 26, Lots 18 and 46, if developed according to the site plan dated November 25, 1997 (revised March 3, 1998) and the conditions listed 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 with all other applicable regulations;
3. Would be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property, and
4. Would conform with the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.
BE IT FURTHER RESOLVED that the Council hereby approves the application for the Special Use Permit for the Chapel Hill Bible Church in accordance with the plans listed above and with conditions listed below:
Stipulations Specific to the Development
1. That construction begin by October 12, 2000 (two years from the date of Council approval) and be completed by October 12, 2018 (twenty years from the date of Council approval).
2. Phasing Plan: That a Phasing Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
3. Recombination of Lots: That the two properties associated with this development (Chapel Hill Township Tax Map 26, Lots 18 and 46) be recombined to form one property prior to issuance of a Zoning Compliance Permit.
4. Land Use Intensity: This Special Use Permit approves a Place of Worship including the following:
¨ Four buildings,
¨ 2,400-seat sanctuary,
¨ 150,000 square feet of total floor area,
¨ 1,408,994 square feet of outdoor space,
¨ 1,040,605 square feet of livability space, and
¨ 500 parking spaces authorized for construction initially. The remaining parking may be subsequently constructed upon demonstration to the Town Council that need for additional spaces exists, followed by a Council resolution approving construction of additional parking. Demonstration of need shall take the form of surveys of lot utilization, recorded incidence of the lot being full, and documentation of overflow parking on adjacent streets/properties.
5. Roadway Improvements:
A. Erwin Road Right-of-Way: That one-half of a 90-foot public right-of-way shall be dedicated along the property’s Erwin Road frontage prior to the issuance of a Zoning Compliance Permit; and that the North Carolina Department of Transportation and the Town Manager shall approve the location of this right-of-way.
B. Erwin Road Improvements: That Erwin Road be improved to one-half of a 51-foot cross-section, to provide an ultimate cross-section of two travel lanes, a center turn lane, and five-foot wide striped bicycle lanes along both sides of the road. All road improvements are to be made during initial construction.
C. Erwin Road Sidewalk: That a five-foot wide concrete sidewalk be provided along the Erwin Road frontage of this site.
6. Parking Lot:
A. Spaces Near Sage Road/Erwin Road Intersection: That the 29 parking spaces nearest the corner of Sage Road and Erwin Road be eliminated to allow for tree preservation and reduced grading in this area. The Town Manager shall approve this design.
B. Spaces Near Northern Property Line: That the 28 parking spaces near the northern property line, closest to the Englewood Subdivision, be eliminated from the plans for tree preservation and reduced grading in this area. The Town Manager shall approve this design.
C. Parking Lot Design: That the parking lot be constructed to Town standards for pavement design and dimensions.
7. Walkway from Bus Stop: That a pedestrian walkway be provided from the sidewalk on Sage Road, near the existing bus stop, to the site’s internal sidewalk network.
Stipulations Related to State and Federal Governments Approvals
8. State Approvals: That any required State permits or encroachment agreements be approved and copies of the approved permits and agreements be submitted to the Town prior to the issuance of a Zoning Compliance Permit.
Stipulations Related to Landscape Elements
9. Landscape Plan Approval: That a detailed Landscape Plan and Landscape Maintenance Plan and shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
10. Landscape Protection Plan:
A. That a detailed Landscape Protection Plan shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
B. That the Landscape Protection Plan be revised to clearly indicate which rare and specimen trees on the site are proposed to be removed and which are proposed to be protected.
C. That the Landscape Protection Plan be revised to accommodate construction of the proposed rip-rap aprons in the Resource Conservation District area.
11. Landscape Bufferyards: That the following landscape bufferyards be provided with existing vegetation, and that the Town Manager shall determine whether additional plantings are needed to fulfill the bufferyard requirements. The following landscape bufferyards shall be provided:
¨ A minimum 40-foot wide Type D landscape bufferyard along the property’s Erwin Road frontage;
¨ A minimum 40-foot wide Type D landscape bufferyard along the property’s Sage Road frontage;
¨ A minimum 20-foot wide Type C landscape bufferyard along the property’s Sterling Drive frontage;
¨ A minimum 20-foot wide Type C landscape bufferyard along the eastern property line, adjacent to the Sterling Ridge Apartments development; and
¨ A minimum 40-foot wide Type C landscape bufferyard along the northern property line, adjacent to the Englewood Subdivision.
Stipulations Related to Utilities
12. Utility/Lighting Plan Approval: That the final utility/lighting plan be approved by Orange Water and Sewer Authority, Duke Power Company, Public Service Company, the local telephone company and the Town Manager before issuance of a Zoning Compliance Permit.
13. Fire Safety:
A. Fire Flow: That a fire flow report prepared by a registered professional engineer, showing that flows meet the minimum requirements of the Design Manual, be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
B. Fire Hydrant Locations: That fire hydrants be located near the proposed children’s education wing of the main building, near the basketball courts, and near the corner of the northern-most Erwin Road entrance.
C. Sprinkler Connection: That a Fire Department sprinkler connection be provided on the south side of the children’s education facility.
D. Plan Review: That the fire flow report and construction plans be reviewed by the New Hope Volunteer Fire Department prior to issuance of a Zoning Compliance Permit.
14. Design Commission Approvals: That detailed building elevations and site lighting plan shall be approved by the Design Commission prior to issuance of a Zoning Compliance Permit.
15. Stormwater Management Plan: That a Stormwater Management Plan, based on the Town’s HYDROS model, be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. Based on a 10-year storm, the post-development stormwater run-off rate should not exceed the pre-development rate. The Plan must show where and how stormwater detention for this site will be achieved.
16. Stormwater Detention Facility: That maintenance of the stormwater detention facility shall be the responsibility of the property owner.
17. Refuse Management:
A. Solid Waste Management Plan: That a detailed Solid Waste Management Plan, including a recycling plan and a plan for managing and minimizing construction debris, be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
B. Dumpster Pad: That the plans include a dimensioned detail of the proposed dumpster pad, and that the plans be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
C. Recycling Containers: That space for recycling containers be provided on the site, and that the facilities be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
18. Detailed Plans: That the final detailed site plan, grading plan, utility/lighting plans, stormwater management plan (with hydraulic calculations), and landscape plans shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit, and that such plans shall conform to the plans approved by this application and demonstrate compliance with all applicable conditions and design standards of the Development Ordinance and Design Manual.
19. Erosion Control: That a soil erosion and sedimentation control plan, including provisions for maintenance of facilities and modifications of the plan if necessary, be approved by the Orange County Erosion Control Officer, and that a copy of the approval be provided to the Town Manager prior to 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. Construction Sign Required: That the applicant post a construction sign that lists the property owner’s representative, with a telephone number; the contractor’s representative, with a telephone number; and a telephone number for regulatory information at the time of issuance of a Zoning Compliance Permit.
22. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
23. Non-severability: That if any of the above conditions is held to be invalid, approval in its entirety shall be void.
BE IT FURTHER RESOLVED that the Council hereby approves the application for a Special Use Permit for the Chapel Hill Bible Church in accordance with the plans and conditions listed above.
This the 12th day of October, 1998.
Council Member McClintock asked when Agenda Item #12 would return to a future agenda. Council agreed to discuss the matter of rescheduling at the end of tonight’s meeting.
Item 10 –United Church of Chapel Hill Application for Zoning Atlas Amendment
and Special Use Permit
There was no presentation.
Speaking for the United Church, Ms. Dee Blackburn said that the only comment she would like to make was that the church would like to get the trees planted as soon as possible, and asked the Council if the caliper of the trees could be changed from 3 ˝ inch to 2 ˝ inch, and if the number of trees to be planted could be changed to “up to three.”
COUNCIL MEMBER PAVĂO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO CLOSE THE HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
COUNCIL MEMBER PAVĂO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT ORDINANCE 3. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
AN ORDINANCE
AMENDING THE CHAPEL HILL ZONING ATLAS FOR THE UNITED CHURCH OF CHAPEL HILL
(7.24..19A) (98-10-12/O-3)
WHEREAS, the Council of the Town of Chapel Hill has considered the application of Civil Consultants on behalf of the United Church of Chapel Hill, to amend the Zoning Atlas to rezone property described below from Residential-2 to Residential-3-Conditional Use Zoning, and finds that the amendment is warranted because it achieves the purposes of the Comprehensive Plan;
NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill that the Chapel Hill Zoning Atlas be amended as follows:
Section I
That the portion of the property identified as now or formerly Chapel Hill Township Tax Map 24, part of Lot 19A, located west of Airport Road between the Duke Power Operations Center and the Northern Community Park, the 6.64 acres south of Booker Creek, within the Residential-2 zoning district, be rezoned from Residential-2 to Residential-3-Conditional with the following limitation on principal uses:
¨ No Single-Family Residences;
¨ No Two-Family Residences;
¨ No Essential Services;
¨ No Mobile Homes, Class A;
¨ No Full-Day Child Care Programs;
¨ No Full-Day Adult Care Programs;
¨ No Public Cultural Facilities;
¨ No Public Use Facilities;
¨ No Rooming Houses;
¨ No Elementary Schools;
¨ No Secondary Schools; and
¨ No Non-Profit Recreation Facilities.
The following use is allowed with the approval of a Special Use Permit by the Town Council:
¨ Place of Worship, including the following accessory uses:
· adult or child care (not full-day);
· caretaker dwelling unit;
· counseling services;
· administrative offices for non-profit organizations;
· afterschool programs for children and youth;
· meeting place for and classes by community service groups; and
· other accessory uses customarily associated with a place of worship
The portion of the property to be rezoned is described on the attached map.
Section II
That all ordinances and portions of ordinances in conflict herewith are hereby repealed.
This the 12th day of October, 1998.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO TO ADOPT RESOLUTION 17A WITH AN AMENDMENT TO ITEM 7B TO CHANGE THE REQUIRED CALIPER OF TREES FROM 3 ˝ INCHES TO 2 ˝ INCHES, AND TO ALLOW THE PLANTING OF UP TO THREE TREES. THE MOTION WAS ADOPTED UNANIMOUSLY. (9-0).
A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR
UNITED CHURCH OF CHAPEL HILL (SUP- 24-19A) (98-10-12/R-17a)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application, proposed by Civil Consultants on behalf of United Church of Chapel Hill, on property identified as Chapel Hill Township Tax Map 24, Lot 19A, if developed according to the site plan dated November 7, 1997 (revised July 8, 1998), and the conditions listed 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, and 14, and with all other applicable regulations;
3. Would be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property, and
4. Would conform with the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.
BE IT FURTHER RESOLVED that the Town Council hereby approves the application for the Special Use Permit for United Church of Chapel Hill in accordance with the plans listed above and with conditions listed below:
Stipulations Specific to the Development
1. Construction Deadlines: That construction begin by October 12, 2000 and be completed by October 12, 2013.
2. Land Use Intensity: This Special Use Permit approves a place of worship with the following:
· a sanctuary seating up to 500 persons;
· a total Floor Area of 37,204 square feet;
· Outdoor Space of 669,901 square feet;
· Livability Space of 531,713 square feet; and
· a maximum of 245 parking spaces.
3. Airport Road Entrance: That the driveway entrance at Airport Road will be designed for right-in, right-out traffic movements only.
4. Internal Drives and Parking Areas: That all parking areas and drive aisles be constructed to Town standards.
5. Sidewalks: That sidewalks be provided in the following locations:
· from Airport Road to the church; and
· from the church to the parking lot.
Stipulations Related to State and Federal Governments Approvals
6. Approval of Driveway Permit, Sight Triangles, and Encroachment Agreements:
That any required State permits or encroachment agreements be approved and copies of the approved permits and agreements be submitted to the Town of Chapel Hill prior to the issuance of a Zoning Compliance Permit.
Stipulations Related to Landscape Elements
7. Landscape Buffers:
A. That the following landscape buffers be provided where possible along the property lines:
· a Type “B“ landscape buffer (minimum width 50 feet) for the northern boundary;
· a Type “B“ landscape buffer (minimum width 20 feet) for the southern boundary;
· a Type “D“ landscape buffer (minimum width 50 feet) for the eastern boundary (Airport Road frontage); and
· a Type “C“ landscape buffer (minimum width 20 feet) for the western boundary.
In all cases, the Town Manager shall determine the extent to which existing vegetation may count towards the requirements.
B. Northeast of the building, up to three large canopy trees shall be installed at 2-1/2 inch caliper between the building and the property line.
C. The applicant shall work with Duke Power Company to determine if small and mid-size trees such as cedars, redbuds, and hollies may be permitted within section of the power easement which overlap the 20-foot required buffer in the southeast corner of the site.
D. For areas where the applicant proposes off-site vegetation to fulfill the buffer requirements for the southern property line, the applicant shall provide recorded landscape easement agreements with Duke Power Company prior to issuance of a Zoning Compliance Permit.
8. Landscape Plan Approval: That a detailed Landscape Plan for plantings proposed in the
Duke Power Company easements, OWASA easements, and on Duke Power Company property shall be reviewed for approval by Duke Power Company and OWASA prior to issuance of a Zoning Compliance Permit.
9. Landscape
Protection Plan: That a detailed
Landscape Plan, Landscape Maintenance
Plan,
and Landscape Protection Plan be
approved by the Town Manager prior to issuance of a Zoning Compliance Permit
and that the Plan show the critical root zones of the significant trees on the
site.
Stipulations
Related to the Resource Conservation District
10. Boundaries: That the boundaries of the Resource
Conservation District be shown on the final plat and final plans with a note
indicating that “Development shall be restricted within the Resource
Conservation District in accordance with the Development Ordinance.”
11. Variances: That
all variances necessary for development within the Resource
Conservation
District be obtained before application for final plan approval.
Stipulation
Related to Steep Slopes
12. Steep Slopes: That final plans will show how the
development and construction will comply with the steep slopes regulations of
the Development Ordinance:
·
for slopes of
10-15%, site preparation techniques shall be used which minimize grading and
site disturbance;
·
for slopes of
15-25%, demonstrate specialized site design techniques and approaches for
building and site preparation; and
·
for slopes of 25%
or greater, provide a detailed site analysis of soil conditions, hydrology,
bedrock conditions, and other engineering or environmental aspects of the site.
The Town Manager shall decide if the
proposed building and site engineering techniques are appropriate.
Stipulation Related to Building Elevations
13. Building Elevations Approval: That detailed building elevations and lighting plan be approved by the Community Design Commission prior to issuance of a Zoning Compliance Permit.
Stipulations Related to Water, Sewer and Other Utilities
14. Fire Flow: That a fire flow report prepared by a registered professional engineer, showing that flows meet the minimum requirements of the Design Manual, be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
15. Utility/Lighting Plan Approval: That the final utility/lighting plan be approved by Orange Water and Sewer Authority, Duke Power Company, Public Service Company, BellSouth, and the Town Manager before issuance of a Zoning Compliance Permit.
Miscellaneous Stipulations
16. Solid Waste Management Plan: That a detailed solid waste management plan, including a recycling plan and a plan for managing and minimizing construction debris, be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
The dumpster pad shall be re-aligned so that refuse/recycling trucks will travel primarily on the pavement areas designated for heavy duty pavement.
The screen fence around the refuse/recycling area shall be at least 7 feet in height.
17. Detailed Plans: That final detailed site plan, grading plan, utility/lighting plans, stormwater management plan (with hydraulic calculations), which shows the method(s) of conveying the stormwater around the building site, and a landscape plan and landscape management plan be approved by the Town Manager before issuance of a Zoning Compliance Permit, and that such plans conform to the plans approved by this application and demonstrate compliance with all applicable conditions and the design standards of the Development Ordinance and the Design Manual.
18. Erosion Control: That a soil erosion and sedimentation control plan, including provisions for maintenance of facilities and modifications of the plans if necessary, be approved by the Orange County Erosion Control Officer and the Town Manager before issuance of a Zoning Compliance Permit.
19. Silt Control: That the applicant take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.
20. Construction Sign Required: That the applicant post a construction sign that lists the property owner’s representative, with a telephone number; the contractor’s representative, with a telephone number; and a telephone number for regulatory information at the time of issuance of a Zoning Compliance Permit.
21. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
22. Non-severability: If any of the above conditions is held to be invalid, approval in its entirety shall be void.
BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit for United Church of Chapel Hill in accordance with the plans and conditions listed above.
This the 12th day of October, 1998.
Item 11 – Sanders-Shealy Subdivision Application for Preliminary Plat Approval
There was no presentation.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER MCCLINTOCK, TO ADOPT RESOLUTION 18a. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION APPROVING AN APPLICATION FOR A PRELIMINARY PLAT FOR SANDERS-SHEALY CLUSTER SUBDIVISION (File No. 90-A-17) (98-10-12/R-18a)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Sanders-Shealy Cluster Subdivision, proposed by Ms. Julia Shealy and Ms. Venitah Sanders, on the property identified as Chapel Hill Township Tax Map 90, Block A, Lots 17 and 18, and part of Lot 15A, if developed according to the preliminary site plan dated December 12, 1997 (revised March 30, 1998), and the conditions listed below, would comply with the provisions of the Development Ordinance and specifically with the following cluster development requirements from Subsection 17.8.2 of the Development Ordinance:
1. The tract proposed for cluster development is at least two (2) acres in size;
2. Public, separate water supply and sewerage connections are available for every subdivided lot;
3. The total number of lots proposed for the tract, excluding parcels of reserved recreation area, is not greater than the number determined by dividing the total gross land area by the minimum gross land area established in Section 13.11 for that zoning district;
4. The recreation area within the tract shall conform to the recreation area standards of Subsection 17.9 of this article; and
5. The minimum amount of land reserved as recreation area shall be the sum of all reductions in minimum gross land area as a result of the cluster form of development, combined with the minimum recreation area reservation required in Subsection 17.9.7.
These findings are based on the following:
Stipulations Specific to the Development
1. That this approval shall authorize the creation of 5 buildable lots. The largest 4 lots are suitable for either single-family and two-family dwellings; the use of the smallest lot shall be restricted to a single-family dwelling. These restrictions on use shall be noted on the final plat.
2. Required Improvements:
A. That the internal roadway be constructed as a 24 foot wide cross-section back-of-curb to back-of-curb with a 5-foot mulched path on one side. The road shall terminate in a T-turnaround.
B. That the right-of-way be located a minimum of 10 feet behind the curb of the street and T-turnaround. The shoulder widths shall be the minimum width necessary.
C. That the side slopes for the streets be 2:1 in order to minimize land disturbance. If the fill slopes prove to be wider than those shown on Sheets C-8 and C-8A, dated December 12, 1997, retaining walls shall be reviewed for approval by the Town Manager and constructed by the developer.
3. Steep Slopes: That the final plans and final plat include the following notes regarding standards and techniques to be used on these 5 steep house lots:
· all driveways shall meet the standards of the Town’s Design Manual;
· the land disturbance associated with the driveways, including the side slopes, should be restrained within a 20 foot wide corridor, using retaining walls or equivalent structures as necessary. Exceptions for special situations may be granted by the Town Manager; and
· For Lot 4C, the driveway (and garage, if proposed) should be integrated into the upper level of the house.
These restrictions shall be referenced in the restrictive covenants or Homeowners' Association documents.
Stipulations Related to Recreation Area
4. Minimum Recreation Area: The minimum amount of land reserved as recreation area shall be the sum of all reductions in minimum gross land area as a result of the cluster form of development (as appropriate to the land use proposed), combined with the minimum recreation area reservation required in Subsection 17.9.7 of the Development Ordinance.
The developer shall provide a minimum of 29,055 square foot recreation area in the northwest corner of the site, with a 5-foot wide mulched path to be constructed and maintained through the five lots to the recreation area. A formal access easement shall be dedicated across all of the lots crossed by the trail.
5. Ownership of Recreation Area: All recreation area and common area shall be owned and maintained by the Homeowners Association.
Stipulations
Related to State and Federal Government Approvals
6. State or Federal Approvals: That any required State or federal permits or encroachment agreements be approved and copies of the approved permits and agreements be submitted to the Town of Chapel Hill prior to the issuance of a Zoning Compliance Permit.
7. North Carolina Department of Transportation Approval: That plans for utility construction or other improvements within the rights-of-way of State-maintained roads be approved by North Carolina Department of Transportation prior to issuance of a Zoning Compliance Permit.
Stipulations Related to Landscape Elements
8. Landscape Protection Plan: That a Landscape Protection Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The Plan shall include fencing for existing vegetation in the following locations:
¨ Between the proposed drainage improvements on Lots 4F and 4G and adjacent vegetation; and
¨ Between proposed waterline construction and existing vegetation along Coolidge Street.
Miscellaneous Stipulations
9. Fire Flow: That a detailed fire flow report be prepared by a registered professional engineer, showing that flows meet the minimum requirements of the Design Manual, to be approved prior to issuance of a Zoning Compliance Permit.
10. OWASA Easements: That easement documents as required by OWASA and the Town Manager be recorded concurrently with the final plat. The final plat shall be approved by OWASA prior to Town approval.
11. Utility Service Laterals: That prior to paving streets, utility service laterals, (including cable and telephone) be stubbed out to the front property lines of each lot. Sanitary sewer laterals shall be capped off above ground.
12. OWASA Approval: That a water and sewer extension plan be submitted for approval by OWASA and the Town Manager prior to issuance of a Zoning Compliance Permit.
13. Streetlighting Plan Approval: That a streetlighting plan be developed in cooperation with Duke Power Company and submitted to the Town for approval prior to issuance of a Zoning Compliance Permit.
14. Utility Plan Approval: That the final detailed utility/lighting plan be approved by the Orange Water and Sewer Authority, Duke Power, BellSouth, Public Service Company, Time Warner Cable, and the Town Manager, before issuance of a Zoning Compliance Permit. The property owner shall be responsible for assuring that these utilities, including cable television, are extended to serve the development.
15. Solid Waste Management: That curbside collection maybe required for all the steep lots, and a note to this effect shall be placed on the final plat.
That a detailed solid waste management plan, including a recycling plan and a plan for managing and minimizing construction debris, be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
16. Detailed Plans: That the final detailed site plan, grading plan, utility/lighting plan, landscape plan and landscape maintenance plan be approved by the Town Manager before issuance of a Zoning Compliance Permit, and that such plans conform to the plans approved by this application and demonstrate compliance with all applicable conditions and the design standards of the Development Ordinance and Design Manual.
17. Homeowners’ Association: That a Homeowners’ Association be created that has the capacity to place a lien on the property of a member who does not pay the annual charges for maintenance of common areas, however designated. The Homeowners’ Association documents shall be approved by the Town Manager, recorded at the Orange County Register of Deeds Office and cross referenced on the final plat.
18. Certificates of Occupancy: That no Certificates of Occupancy be issued until all required public improvements are complete; and that a note to this effect shall be placed on the final plat.
If the Town Manager approves a phasing plan, no Certificates of Occupancy shall be issued for a phase until all required public improvements for that phase are complete; no Building Permits for any phase shall be issued until all public improvements required in previous phases are completed to a point adjacent to the new phase; and that a note to this effect shall be placed on the final plat.
19. Sight Triangle Easements: That sight triangle easements be provided on the final plat.
20. Traffic Signs: That the property owners shall be responsible for placement and maintenance of temporary regulatory traffic signs including street name signs before issuance of any Certificate of Occupancy, until such time that the street system is accepted for maintenance by the Town.
21. Drainage Plan: That a detailed drainage plan be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
22. Street Name and Addresses: That the name of the development and its street and house numbers be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
23. Erosion Control: That a detailed soil erosion and sedimentation control plan, including provisions for maintenance of facilities and modifications of the plan if necessary, be approved by the Orange County Erosion Control Officer and the Town Manager before issuance of a Zoning Compliance Permit.
24. Construction Sign: That the applicant post a construction sign that lists the property owner's 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.
25. Silt Control: That the applicant take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.
26. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
27. Non-severability: If any of the above conditions is held to be invalid, approval in its entirety shall be void.
BE IT FURTHER RESOLVED that the Town Council hereby approves the application for Preliminary Plat for Sanders-Shealy Cluster Subdivision in accordance with the plans and conditions listed above.
This the 12th day of October, 1998.
Item 12 – Report on Definition of the Term “Contiguous Property”
Mayor Waldorf asked Mr. Horton how the Council should proceed.
Mr. Horton felt that it depended on what process the Council wanted. He said that Mr. Karpinos had noted that the more prudent approach would be to have a public hearing for the “contiguous property” definition, since Option 5 offered a different meaning by using a sliding scale.
Council Member McClintock asked if the Council should have the matter should go to public hearing.
Mr. Karpinos said that the Council could go to the public hearing scheduled for October 21st and after the hearing vote on the ordinance, if they all agreed on it.
Council Member Wiggins asked if this would be legal and was it in the spirit of the Council’s wishes to work with the public and with the applicants for SUPs.
Mayor pro tem Capowski said that the Council had been working on the definition of “contiguous” since January.
Council Member Foy felt that Council Member Wiggins’ observation was valid, especially with the affect on the neighbors of the properties.
Council Member Evans said that only two of the options defined contiguous, Option 1 and 5, and felt that Council should go to the hearing on October 21st with Option 5. She would like to know what applications for SUPs would be affected by Option 5. Mr. Karpinos said Option 5 could apply to those applications already in the “pipe-line” but not as yet acted upon.
Council Member Brown suggested an Option 6, which would take “contiguous” out of the definition, and use a certain radius different from a sliding scale, or a combination of both, if that was possible.
Attorney Karpinos said that he did not know if the new proposals needed to be re-advertised before a hearing because he did not know if the original advertisement was broad enough to cover the new proposal.
Council Member Brown said that she wants a hearing on the new proposals, and that she is concerned about sliding scales.
Council Member Wiggins felt that the Council was acting in haste and that there were still a lot of unanswered questions.
Mayor pro tem Capowski said that the Council was not acting in haste, that the Council had been working on this since January. He wondered if instead of using numbers, size could be used and asked what affect that would have on the status of a public hearing.
Council Member McClintock thought that Option 5 was limiting and would like a full range of options for the public hearing.
Council Member Brown asked what was the time-frame schedule for advertising, and what were the requirements. Mr. Karpinos said that the schedule for advertising was once a week for two consecutive weeks, the first notice being at least ten days before the hearing. There would not be enough time to re-advertise before the October 21st hearing.
Mayor pro tem Capowski asked if the numbers in Option 5 were the staff recommendations, and if the Council wanted to change the numbers to make the radii larger would they be unable to go to the hearing without re-advertising, because there would be an increase in Option 5. Mr. Karpinos stated he would like to see the actual advertisement first before commenting.
Council Member McClintock asked if the definition could be defined in words rather than in figures.
Council Member Brown asked if, in Option 3, any numbers could be used.
Council Member Foy said the Council should just go ahead on the October 21st hearing because Options 1-4 had been advertised, and go from there.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO TAKE THE ISSUE TO PUBLIC HEARING ON OCTOBER 21st. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
COUNCIL MEMBER PAVĂO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADJOURN THE MEETING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
The meeting stood adjourned at 12:20 a.m.