SUMMARY MINUTES OF A REGULAR BUSINESS MEETING

OF THE CHAPEL HILL TOWN COUNCIL

MONDAY, NOVEMBER 9, 1998 AT 7:00 P.M.

 

Mayor Rosemary Waldorf called the meeting to order at 7:00 p.m.

 

Council Members in attendance were Flicka Bateman, Joyce Brown, Joe Capowski, Pat Evans, Kevin Foy, Julie McClintock, Lee Pavão and Edith Wiggins.  Also in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Long Range Planning Coordinator Chris Berndt, Development Coordinator J.B. Culpepper, Engineering Director George Small, Planning Director Roger Waldon and Interim Town Clerk Joyce Smith.

 

Item 1  Presentation of Community Appearance Awards

by the Community Design Commission

 

Mayor Waldorf called on Community Design Commission (CDC) Chair Dianne Bachman to make the presentation.   Ms. Bachman noted that this was the seventh annual presentation of the Community Appearance Awards which are given in order to “publicly recognize the efforts of those who make significant contributions to enhance the natural and built environment in Chapel Hill.”   Ms. Bachman thanked staff members Rob Wilson and Kay Tapp for their help, as well as Mayor Waldorf and the Town Council for their support of the CDC and its awards program.

 

Ms. Bachman recognized three projects which the CDC identified as contributing to the uniqueness of Chapel Hill:  The Blue Cross/Blue Shield building, the Bolin Creek Trail, and the downtown Port Hole Mural by Michael Brown.   She then gave the Robert E. Stipe Award for preservation, restoration and rehabilitation to the Coker Arboretum for its restored arbor and new ceremonial entryway, which were made possible by a gift from the senior class of 1997.  That award was shared by Andrea Presler (curator), David Swan (stone mason), David Swanson, Tom Hunter and Chip Calloway  (landscape designers), Bob Chamberlin (carpenter), and Ken Moore, Alan Johnson and others from the NC Botanical Garden staff.

 

Peter White, Director of  the Botanical Garden, accepted the award.  He praised the collaborative efforts of all involved and encouraged citizens to visit the refurbished arboretum.

 

Ms. Bachman presented the Residential Garden Award to Chapel Hill resident Bitty Holton.  The Commercial Award went to The Courtyard on West Franklin Street, with Susan Koenigshofer (owner of  SCK design), Mary Jane Baker (owner of Spring Branch Landscaping) and David Bacon (owner of  The  Pyewacket Restaurant) named as recipients.  Ms. Bachman presented the Project Award to the Northside Gymnasium at Hargraves Park.  She applauded the Parks and Recreation Commission for recognizing the need for the gymnasium and the Mayor and Town Council for appropriating the funds.  Ms. Bachman also noted that the Orange County Commissioners had helped finance the project and that the Town had received funds resulting from the Umstead Center fire.

 


Ms. Bachman recognized several individuals as recipients of the CDC’s Project Award:  George Smart (architect), Diane LeMasters,  Bill Webster,  Ed Caldwell,  Esphur Foster, Elaine Norwood, Dan Costa, Mary Jones, Esther McCauley, Martin Feinstein, James Wood, Sonna Loewenthal and “many more Northside neighbors.” 

 

Mayor Waldorf accepted the award on behalf of the Town and praised Parks and Recreation Director Kathryn Spatz, and Hargraves Center Manager Nate Davis for their contributions.  Mayor Waldorf also thanked Ms. Bachman and others from the CDC for their time and effort. 

 

Item 2  Public Hearings (none)

 

Item 3  Petitions

 

Steffan O’Sullivan, Chapel Hill resident

Mayor Waldorf introduced a letter from Mr. O’Sullivan asking the Department of Public Works and the Mayor’s Office to make changes, such as installing speed bumps on Hillsborough Street, to improve the safety of that neighborhood.  Mayor Waldorf suggested referring the matter to the staff.

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER FOY, TO RECEIVE AND REFER THE PETITION TO THE TOWN MANAGER.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Council Member McClintock requested that the Manager look at other options in addition to speed bumps.  Mayor Waldorf agreed.

 

Item 3b

 

Bob Woodruff, President of the Chapel Hill Library Foundation

Mr. Woodruff asked the Council to support a transfer of assets from the Cornelia Spencer Love Trust to an endowment managed and administered by the Library Foundation.  He explained that the trust has grown from $585,000 to approximately $1,900,000 over 16 years and has distributed more than $805,000 to the Town for the benefit of the Public Library.  Mr. Woodruff noted that the Town is a trust beneficiary and asked the Council to support the endowment.  He stated that the trustee had indicated an interest in transferring the assets, and pointed out that the Foundation had been established for the sole purpose of supporting the Public Library.

 

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO RECEIVE AND REFER THE PETITION FOR RAPID ACTION.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 


Item 3c

 

John Hawkins, Planning Board Chair

Mr. Hawkins reminded the Council and citizens that the kick-off for revision of the Comprehensive Plan initiative will take place on November 17th & 18th, at 7-10 p.m., in the Council Chamber.   Speakers will include planning directors from Burlington, Vermont and Annapolis, Maryland, as well as the director of long-range planning from Boulder, Colorado and the city manager from Davis, California.  The theme is  “Issues Facing a City Approaching Buildout” and topics will be sustainable transportation policies, neighborhood preservation, university impacts, and environmental issues—such as green space, solid waste, and water management.  Mr. Hawkins noted that the Comprehensive Plan Work Group had met for the first time in October, and predicted that the upcoming meetings would be lively and fruitful.

 

Valerie Broadwell, a Chapel Hill resident

Ms. Broadwell argued that the Town’s infrastructure is not pedestrian-friendly or transit-friendly.  She pointed out that widening roads makes life difficult for pedestrians, bikers and children going to school, and asked the Council to consider a moratorium on development along Highway 54 until the Town figures out how to make it walkable.  Ms. Broadwell mentioned a consultant from Florida, and suggested that the Town contact him and others for information on how to make the community more walkable.          

 

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO RECEIVE AND REFER THE PETITION TO THE MANAGER AND THE ATTORNEY.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Item 3d

 

Council Member Foy

Council Member Foy introduced a letter from District Court Judge Charles Anderson which proposed having UNC athletes serve as role models for children in the juvenile court system.  Council Member Foy stated that he would like to represent the Council for this purpose.  

 

Council Member Bateman asked that Council Member Foy keep her committee on at-risk youth apprised of his committee’s work. 

 

Mayor Waldorf pointed out that the Council did not need to vote on the issue because there was total enthusiasm for Council Member Foy’s participation.

 

Council Member Wiggins

Council Member Wiggins stated that Carrboro Alderman Jacqueline Gist had asked her to petition the Council to pass a resolution in support of waiving Mr. Jose Campos’ deportation.  Council Member Wiggins said that she has prepared the resolution but wanted Alderman Gist to speak on the issue first.

 


Carrboro Alderman Jacqueline Gist pointed out that it was not fair or logical for a state which had declared war on “dead-beat” dads, to deport Mr. Campos, who has been working hard to support his wife and his five American children.  She stated that she has asked all of the elected bodies in the County to pass resolutions asking for a waiver of deportation, and explained that she also intends to send letters to the federal government, the INS, the governor, and State senators, asking them to intervene. 

 

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBERS EVANS AND MCCLINTOCK, TO PASS THE RESOLUTION.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION REQUESTING THAT THE GOVERNMENT OF THE UNITED STATES OF AMERICA GRANT A WAIVER OF DEPORTATION TO MR. JOSE FEDERICO CAMPOS (98-11-98/R-0.1)

 

WHEREAS, the Town Council has heard public testimony that Mr. Jose Federico Campos is a positive, contributing member of the community; and

 

WHEREAS, the Council understands from the reports made to it by citizens that Mr. Campos is a person of good moral character, a hard worker, and supportive of his family; and

 

WHEREAS, by all accounts given to the Council, Mr. Campos’s deportation from the United States has caused hardship for his family, especially his five children; and

 

WHEREAS, based on all of the information available to the Council, it seems clearly desirable that Mr. Campos should be immediately retured to this country so that he may rejoin his family and resume his life in our community;

 

NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Chapel Hill, North Carolina, requests the government of the United States of America to immediately grant a Waiver of Deportation to Mr. Jose Federico Campos.

 

This the 9th day of November, 1998.

 

Council Member McClintock

Council Member McClintock petitioned the Council to request the staff to ask the NCDOT to do an updated analysis of the projected traffic at the intersection of Highway 54 and U.S. 15/501 and at the intersection of Highway 54 and Interstate 40.  Mr. Horton remarked that it would be appropriate to submit the request to the NCDOT.

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO RECEIVE AND REFER THE PETITION.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Council Member Brown

Council Member Brown announced that there would be a change in location for the Landfill Owners’ Group’s public forum on the materials recovery facility.  She said that the meeting would be held on November 12th, at 7:00 p.m., at the New Hope Elementary School.

 

Item 4  Consent Agenda

 

Mayor Waldorf asked the Council to move agenda item 18 to the Consent Agenda. 

 

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO MOVE AGENDA ITEM 18 TO THE CONSENT AGENDA.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Mayor Waldorf explained that Town Attorney Karpinos was out of town, thereby missing his first meeting in 13 years.  She then asked if anyone else wanted to remove items for discussion.

 

COUNCIL MEMBER PAVÃO 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

(98-11-9/R-1)

 

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

 

a.

Minutes of September 9, 14 and 28, 1998.

b.

Ordinance revising personnel ordinance concerning timing of membership in Local Government Retirement System for new employees.  (O-1).

c.

Resolutions amending the penalty fee structure for ban on corrugated cardboard at the landfill. (R-1.1a and b).

d.

Resolution establishing a process to revise the Town’s Disaster Recovery Initiative Grant budget. (R-2).

e.

Resolution amending the Council’s meeting schedule to add three work sessions. 

(R-3, R-4, R-5).

f.

Resolution reestablishing Chapel Hill Public Arts Commission. (R-6) (Chapel Hill Public Arts Commission)

g.

Resolution reconvening the Meadowmont Hilton Garden Inn Hearing on December 7, 1998, to determine what constitutes contiguous property. (R-11) (Pulled from main agenda, formerly item #18.)

 

This the 9th day of November, 1998.

 

 

AN ORDINANCE AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES OF THE TOWN OF CHAPEL HILL (98-11-9/O-1)

 

BE IT ORDAINED by the Council of the Town of Chapel Hill as follows

 

SECTION I

 

Sec. 14-61 North Carolina Local Governmental Employees' Retirement System is hereby amended to read as follows:

 

"Sec. 14‑61      North Carolina Local Governmental Employees' Retirement System.

 

An employee hired as a full-time or part-time employee in a regular position shall join the North Carolina Local Governmental Employees' Retirement System upon successful completion of their probationary period, with the following exceptions: employment.

 

(a)        law enforcement officers shall join upon their certification as a law enforcement officer for the Town;

(b)  department heads and other positions requiring a one year probation period shall join upon the successful completion of the first 6 months of employment;

(c)  previous Town employees who are rehired by the Town are were previously members of the Local Retirement System may continue their membership immediately upon employment;

(d) with the approval of the Town Manager, new employees who are already members of either the Teachers' and State Employees' Retirement System or the Local Governmental Employees Retirement System may continue this membership immediately upon employment with the Town.

 

SECTION II

 

This ordinance is effective upon adoption. 

 

This the 9th day of November, 1998.

 

 

A RESOLUTION INCREASING THE LANDFILL PENALTY FEES FOR INCLUSION OF OVER 50% CORRUGATED CARDBOARD BY VOLUME IN COMMERCIAL WASTE LOADS, IN ORDER TO DISCOURAGE LANDFILLING OF RECYCLABLE CARDBOARD (98-11-9/R-1.1a)

 

WHEREAS, the staff of Orange Regional Landfill has observed commercial waste loads consisting of primarily corrugated cardboard being dumped at the landfill; and

 

WHEREAS, the landfill is estimated to be full in about eight years; and

 

WHEREAS, under the current penalty fee structure it costs very little to pay a penalty for a commercial load consisting of primarily corrugated cardboard, because the material is bulky but light weight; and

 

WHEREAS, it appears that such commercial loads of primarily corrugated cardboard are dumped at the landfill because it is less expensive to pay the current double tipping penalty on light loads rather than acquire cardboard recycling services; and

 

WHEREAS, the double tipping fee penalty was instituted to discourage the landfilling of readily recyclable commercially generated corrugated cardboard but the penalty fee does not effectively inhibit loads of cardboard;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to change the penalty fees as follows in order to encourage compliance with the ban on landfilling of corrugated cardboard:

 

1.      If the commercial load in a single-axle dump or flatbed truck or other open vehicle, including pickup trucks, is determined by the landfill staff to be over 50% recyclable corrugated cardboard, then the penalty is $200 plus double the tipping fee.

 

2.      If the commercial load is delivered in a tandem, tri-axle, packer truck, compactor or roll-off box is determined by landfill staff to be more than 50% recyclable corrugated cardboard, then the penalty is $400 plus double the tipping fee.

 

BE IT FURTHER RESOLVED that the Town Manager shall notify haulers that sixty days from the date of passage of this resolution, the above changes in the penalty fees for inclusion of commercially generated recyclable corrugated cardboard with waste loads will take place.

 

This the 9th day of November, 1998.

 

 

A RESOLUTION ADVISING INCREASING THE LANDFILL PENALTY FEES FOR INCLUSION OF OVER 50% CORRUGATED CARDBOARD BY VOLUME IN COMMERCIAL WASTE LOADS, IN ORDER TO DISCOURAGE LANDFILLING OF RECYCLABLE CARDBOARD (98-11-9/R-1.1b)

 

WHEREAS, the staff of Orange Regional Landfill has observed commercial waste loads consisting of primarily corrugated cardboard being dumped at the landfill; and

 

WHEREAS, the landfill is due to be full in about eight years; and

 

WHEREAS, under the current penalty fee structure it costs very little to pay a penalty for a  commercial load consisting of primarily corrugated cardboard because the material is bulky and does not weigh very much; and

 

WHEREAS, it appears that such commercial loads of primarily corrugated cardboard are dumped at the landfill because it is less expensive to pay the current double tipping penalty on light loads rather than acquire cardboard recycling services; and

 

WHEREAS, the double tipping fee penalty was instituted to discourage the landfilling of readily recyclable commercially generated corrugated cardboard but the fee it does not effectively inhibit loads of primarily cardboard;

 

NOW, THEREFORE, BE IT RESOLVED that the Orange Regional Landfill Owners Group recommends that the Chapel Hill Town Council change the fines for delivering commercial corrugated cardboard to the Landfill as follows:

 

1.      If the commercial load in a single-axle dump or flatbed truck or other open vehicle, including pickup trucks, is determined by the landfill staff to be over 50% recyclable corrugated cardboard, then the penalty is $200 plus double the tipping fee.

 

2.      If the commercial load is delivered in a tandem, tri-axle, packer truck, compactor or roll-off box is determined by landfill staff to be more than 50% recyclable corrugated cardboard, then the penalty is $400 plus double the tipping fee.

 

BE IT FURTHER RESOLVED that the Landfill Owners’ Group advises the Town Manager to publicize this change for sixty days before it becomes effective.

 

This the 9th day of November, 1998.

 

 

A RESOLUTION TO ADOPT A PROCESS TO REVISE THE TOWN’S DISASTER RECOVERY INITIATIVE GRANT APPLICATION (98-11-9/R-2)

 

WHEREAS, the U.S. Department of Housing and Urban Development awarded the Town of Chapel Hill $349,041 of Disaster Recovery Initiative Grant funds; and

 

WHEREAS, on November 24, 1997, the Council held a public hearing to receive citizen’s comments on how to use these funds; and

 

WHEREAS, on January 12, 1998, the Town Council adopted a budget for the Disaster Recovery Initiative Grant funds and authorized the Manager to submit the required Disaster Recovery Initiative Grant plan to the U. S. Department of Housing and Urban Development;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council adopts the following process to revise the Disaster Recovery Initiative Grant application:

 

·         Schedule a public hearing for November 23, 1998 for citizens to receive citizen comments on how to revise the budget; and

 

·         Return to the Council on December 7, 1998 for final consideration of a revised budget. 

 

This the 9th day of November, 1998.


A RESOLUTION AMENDING THE COUNCIL’S 1998-99 MEETING CALENDAR TO SCHEDULE A WORK SESSION WITH THE TOWN’S PAY PLAN CONSULTANT, SLAVIN, INC.  (98-11-9/R-3)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby amends its 1998-99 meeting calendar to schedule a meeting with the Town’s pay plan consultant, Slavin, Inc., on Saturday, November 21, 1998 from 9 to 11 a.m. in the Town Hall Council Chamber.

 

This the 9th day of November, 1998.

 

 

A RESOLUTION AMENDING THE COUNCIL’S 1998-99 MEETING CALENDAR TO SCHEDULE A WORK SESSION ON “PAY AS YOU THROW” ISSUES (98-11-9/R-4)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby amends its 1998-99 meeting calendar to schedule a work session on “pay as you throw” garbage collection issues on December 9, 1998 at 5:30 p.m. in the Town Hall Council Chamber.

 

This the 9th day of November, 1998.

 

 

A RESOLUTION AMENDING THE COUNCIL’S 1998-99 MEETING CALENDAR TO SCHEDULE A WORK SESSION ON STORMWATER ISSUES (98-11-9/R-5)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby amends its 1998-99 meeting calendar to schedule a work session on stormwater issues on January 6, 1999 at 5:00 p.m. in the Town Hall Council Chamber.

 

This the 9th day of November, 1998.

 

 

A RESOLUTION REGARDING THE ESTABLISHMENT OF THE CHAPEL HILL PUBLIC ARTS COMMISSION THROUGH AN ENDOWMENT FUND AND OTHER PRIVATE SOURCES OF FUNDING  (98-11-9/R-6)

 

WHEREAS, the public display of art can enrich the life of our community as a place where human expression through the arts is cherished and promoted; and

 

WHEREAS, Orange County, Chapel Hill and Carrboro have a well established community of artists working in media such as painting, sculpture, ceramics, photography and weaving; and

 

WHEREAS, it is appropriate to support the public display of art with gifts and grants whenever possible rather than with Town property tax revenues and sales taxes;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council establishes a Chapel Hill Public Arts Commission for Public Art based on the following principles:

 

1.                  The Endowment shall be funded primarily from gifts and grants.

 

2.                  The interest earnings and a limited amount of the principal of the Endowment shall be used to enhance Town buildings, and areas such as public parks and plazas, through the display and occasional purchase of works of art by local artists.

 

3.                  The Council will appoint a Public Arts Commission (hereafter known as “The Commission”) with up to eighteen individuals with special knowledge, interest or expertise in the arts.  The Commission shall be responsible for making recommendations to the Council on using Endowment funds and other monies from private gifts and any other fundraising activities for displays and occasional purchases, fundraising and handling operational matters such as scheduling, publicity and other matters associated with the public display of works of art.

 

This the 9th day of November, 1998.

 

 

A RESOLUTION RECONVENING THE MEADOWMONT HILTON GARDEN INN HEARING ON DECEMBER 7, 1998, TO DETERMINE WHAT CONSTITUTES CONTIGUOUS PROPERTY (98-11-9/R-11)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the public hearing on the Meadowmont Hilton Garden Inn, currently scheduled to be reconvened on January 11, 1999, will be reopened on December 7, 1998, for the sole purpose of allowing the Council the opportunity to determine what it considers to be “contiguous property” with respect to that application.

 

BE IT FURTHER RESOLVED that it is the intent of the Council that the hearing will then be recessed until January 11, 1999, for purposes of receiving further evidence and considering possible action on the application.

 

BE IT FURTHER RESOLVED that the Town Manager is hereby authorized and directed to provide all required notices necessary in order for this hearing to be reconvened on December 7, 1998.

 

This the 9th day of November, 1998.

 

Item 5  Information Reports

 

Mayor Waldorf asked if anyone wanted to remove items for discussion. 

 

Council Member Foy removed 5h. 

 

Council Member Brown suggested setting up a meeting with DOT officials regarding State maintained roads—such as Highway 54, Franklin Street and Airport Road—which pedestrians are having difficulty crossing. 

 

Council Member Foy replied that Council Member Brown’s suggestion was a superb idea and that he would like to add road maintenance to the discussion list. 

 

Mayor Waldorf agreed that it was a good idea but suggested clarifying the agenda before making the request.

 

Council Member Brown replied that she only meant to introduce the idea and would bring it back as a petition with specific roads and specific language. 

 

Mayor Waldorf requested that Council Member Brown work with her and the staff to organize a “hit list.”  Council Member Brown and the other Council members agreed.

 

Item 6  Nominations and Appointments (none)

 

Item 7 Report by Chapel Hill Public Arts Commission

 

Nancy Preston and Betty Cloutier, Co-chairs of the Chapel Hill Public Arts Commission, reviewed their work with local artists, outlined their goals for expansion, and recognized five volunteer commissioners who were seated in the audience.  Ms. Preston said that the Commission now had 16 active members and is seeking new volunteers to serve as commissioners.  Ms. Preston reported that more than 30 artists have applied for exhibits in 1999.  She said that they are working with University and Town departments to develop new public art programs, venues and displays.   Ms. Preston and Ms. Cloutier also explained that their funding comes from gifts and grants and annual art events.  They asked for a line item in the Town’s budget to underwrite the expanding work of the Commission.

 

Mayor Waldorf praised the work of the Commission.

 

Council Member Foy encouraged the Council to pay attention to the request for funding and to ask the Manager to look at funding for the Commission.  

 

Item 8  Report on Estimated Cost of Providing Air Conditioning in Public Housing

 

Mr. Horton stated that the Town had estimated the capital cost of installing air conditioners in each of the 336 public housing units to be approximately $1.2 million, plus $15-$35,000 in annual maintenance costs, depending on whether the Town maintained them or contracted it out.  Mr. Horton said that the staff could provide a revised proposal for construction that reflected the Council’s schedule for updating the units if the Council directed them to do so.

 

Council Member McClintock remarked that the figures were high, but added that she had not been aware in the past that the Town did not provide air conditioning in public housing units. She noted that residents could install individual units themselves if they chose to.  Council Member McClintock also pointed out that most probably would not be able to afford them.

 

Mr. Horton agreed, and explained that the Town does assist with installation when individuals provide their own room air conditioners.  He added, though, that this is less efficient in the long run and is not as energy conservative as a more modern, simple system would be.

 

Council Member McClintock stated that the Town should begin to consider upgrading the air conditioning. 

 

Council Member Evans suggested continuing with the policy of first renovating the units and then think about cooling the units, perhaps by installing ceiling fans. 

 

Council Member Wiggins stressed the importance of involving the residents in the decision because air conditioning would add to the monthly utility bills.

 

Council Member Foy agreed, and suggested referring the matter to the Residents’ Council for feedback on options for cooling the units.  He asked Mr. Horton if it was correct that the Town would not actually be committing more funds for air conditioning but would instead slow down the pace of renovation in order to construct air conditioning. Mr. Horton replied that Council Member Foy was correct and added that this was mainly because there were no extra funds.  He said that the only projected funds were from the Comprehensive Housing Grant Funds and from Community Development Funds. 

 

Council Member Foy pointed out that the Council needed to decide on the pace at which the Town renovates the units and on what would be the best way in the long run to allocate funds.  He suggested that it might be better to renovate them at a slower pace and get a higher quality outcome.  Council Member Foy added that the Town has an obligation to its tenants to give serious thought to providing units with cooling capacity.

 

Council Member Pavão expressed concern for low income people who do not live in public housing who also do not have air conditioning. 

 

Council Member Brown suggested looking at the issue in alternative ways, such as contacting Advanced Energy for information on how to construct units that would be cooler in the summer as well as warmer in the winter.

 

  Mayor pro tem Capowski commented that North Carolina’s citizens are past the point of considering air conditioning a luxury.  He agreed that the matter should first be referred to a tenants group for opinions.  Mayor pro tem Capowski added that a representative from Duke Power should provide input at that meeting because there may be a summer equivalent to Duke Power’s “share the warmth” winter program.  He asked for a cost estimate for putting a couple of window air conditioners in each housing unit, noting that the payback of central air conditioning’s energy efficiency won’t come for 15-20 years. 

 


Council Member Bateman stated that she too had been surprised to learn that the Town did not put air conditioning in its public housing units.  She stated that she was particularly surprised about Rainbow Heights, which had been built only about three years ago, and added that she thought the Council’s level of awareness had been raised.  Council Member Bateman expressed an interest in the Town making some accommodation as it renovates units.

 

Council Member Brown, pointing out that Duke Power is now called Duke Energy, suggested that the staff contact a new company, Duke Solar, for information as well.  She suggested taking an holistic approach and also referring the issue to the Chapel Hill Energy Tax Force, the Housing Commission, and Advanced Energy for ideas, including geothermal approaches to heating and cooling.            

 

Mayor Waldorf suggested further clarifying the issue before referring it to so many people.  She added that the most important group to refer the matter to is the residents and asked if the Residents’ Council is sufficient or if the Council should poll the residents themselves.  Council Member McClintock agreed.  

 

Mayor Waldorf suggested referring it to the Residents’ Council and the Housing and Community Development Board and then going out for expert information after those two groups have focused the discussion. 

 

Council Member Brown stressed that the Council would not have the wide variety of options to suggest to the two Boards if it did not seek expert opinion first. 

 

Mayor Waldorf suggested that someone make a motion. 

 

Mr. Horton noted that the staff would like to be involved, and Mayor Waldorf stated that that had been assumed.      

 

COUNCIL MEMBER FOY MOVED TO REFER THE ISSUE TO THE HOUSING ADVISORY BOARD, THE RESIDENTS COUNCIL AND THE STAFF TO CONSIDER A VARIETY OF OPTIONS, INCLUDING CENTRAL AIR CONDITIONING AND WINDOW UNITS AND WHATEVER OTHER COOLING OPTIONS WOULD BE USEFUL.

 

Council Member Brown stressed that those groups might not know all of the options since some are new. 

 

Council Member Foy asked where they could get that information, and Council Member Brown repeated that Duke Energy, Advanced Energy, Chapel Hill Citizens Energy Task Force and Duke Solar would be good sources.  Council Member Foy then suggested asking the staff to investigate those possibilities.

 

Mayor Waldorf rephrased the motion, adding “ask the staff to contact Advanced Energy, Duke Energy, Duke Solar and the Chapel Hill Citizens Energy Task Force to see if they have any helpful information.”

 

Council Member Wiggins asked to modify the motion and to refer it to the Housing and Community Development Board and to the Residents Council after the staff has collected information about all of the options, including the very energy efficient ones, and giving details to the residents about cost ramifications with each one of those options.

 

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO DIRECT THE STAFF TO COLLECT INFORMATION, INCLUDING COST RAMIFICATIONS, ON OPTIONS FOR COOLING PUBLIC HOUSING UNITS, AND TO CONTACT ADVANCED ENERGY, DUKE ENERGY, DUKE SOLAR AND THE CHAPEL HILL CITIZENS ENERGY TASK FORCE FOR INFORMATION ON A VARIETY OF OPTIONS, INCLUDING GEOTHERMAL APPROACHES.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Item 9 Items Related to Transportation Advisory Board

 

Mayor Waldorf referred Council Members to her proposed response to Transportation Board memos on external advertising, pedestrian signals at intersections, and traffic calming policy.

 

COUNCIL MEMBER MCCLINTOCK MOVED, SECONDED BY COUNCIL MEMBER FOY, TO DO WHAT MAYOR WALDORF OUTLINED IN HER PROPOSED RESPONSE.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Item 10  Presentation of Annual Audit Report -1997-98

 

Mr. Horton introduced Finance Director Jim Baker who then introduced Arnold Thompson, a supervisor with McGladrey and Pullen, LLP.  Mr. Thompson passed out copies of the audit to Council Members and reported that it had been an excellent year for Chapel Hill and that there were no reportable conditions or issues of noncompliance.  He thanked the Town’s Finance Department, including Jim Baker, Kay Johnson, and Clarence Greer. 

 

Mayor Waldorf noted the AAA bond rating and remarked that that helped. 

 

Mr. Horton added that the balance in the General Fund—which is an indicator of the Town’s financial health—had moved from $2.5 million at the beginning of the year to $3.4 million by the year’s end.  He added that the Town was grateful to the State legislature, particularly the local delegation, for making a large part of that possible by changing the fire protection funds from $296,000 to $850,000, thus contributing more than $1/2 million to that improvement.

 

Item 11  Items Related to Scarlett Drive

 

Robert Dowling, Director of the Orange Community Housing Corporation (OCHC), outlined a plan to build 14 townhomes on Town-owned land at the corner of Legion Road and Scarlett Drive.  He asked that a new zoning district be created to accommodate affordable housing development. 

 

Planning Board Chairman John Hawkins, a design consultant to OCHC, reminded the Council that the early concept for this project was for ten small, single-family, detached units.  He recalled that that concept was abandoned in favor of more density and a better sewer system.  Mr. Hawkins compared two design options and pointed out various features, such as the shallow setback and the location of the parking and recreation areas.  He noted that OCHC wanted the land on the interior of the site to be developed in a way that would foster interaction among residents, adding that this could be achieved relatively inexpensively. Mr. Hawkins noted that OCHC was working within a modest budget. 

 

Council Member Bateman asked if that budget allowed for air conditioning of the units, and Mr. Hawkins replied that it did. 

 

Mayor pro tem Capowski asked if the 25 parking spaces for 32 bedrooms in 14 units would be adequate.  Mr. Hawkins replied that it was an open question but seemed to be a relatively round figure for the number of units.

 

Mayor pro tem Capowski asked Mr. Dowling and Mr. Hawkins to be more specific on the parking question.  Mayor pro tem Capowski pointed out that even though the Town does not want more asphalt than is necessary these homes should be responsible for the cars they attract.  Mayor pro tem Capowski observed that there was not much room on the site plan for additional parking if it became necessary.  Mr. Hawkins replied that three or four more spaces could be added to the present scheme. 

 

Mayor pro tem Capowski asked if there were statistics on anything similar in Town that might be a good model.  Mr. Dowling mentioned Magnolia Place and Carr Court, where there are several single head-of-household families with typically only one car.  Mr. Dowling added that there typically had been a mix of one or two cars at the 50 or so homes that OCHC had built over the last few years. Mr. Dowling also pointed out that the proposed development would be on a bus line.

 

Council Member Foy recalled that the Council had suggested on-street parking as a possibility when the developers appeared before the Council in July.  Mr. Dowling replied that it had been suggested but that the roads do not accommodate parking. 

 

Council Member Foy asked if  these units must be owner occupied.  Mr. Dowling replied that there were such restrictions.

 

Council Member Brown asked the developers if they had considered noise problems when planning the HVAC system.  Mr. Hawkins replied that there probably would be air conditioning units in each housing unit, adding that they were aware of noise issues even though it was very early in the process.

 

Council Member Wiggins suggested “piggy-back” parking as a possibility.  Mr. Hawkins replied that it was a good suggestion and something to look into. 

 

Council Member Evans asked why the Council had not been shown rear elevations.  Mr. Hawkins stated that the back had not yet been developed, adding that there will be two story elevations with secondary entrances similar in design to the front but simpler.     

 

Council Member Brown asked if the front was the southern exposure.  Mr. Hawkins replied that it was, more or less, adding that the developers were aware of these issues and considered alternatives such as solar orientation when deciding on building materials, numbers of windows, and other issues. 

 

Council Member Brown suggested less glass on the back of the houses.

 

Mayor pro tem Capowski asked if OCHC had calculated a sales price.  Mr. Hawkins mentioned $75 per square foot.  Mr. Dowling said the figure would be $100,000 per unit if they could achieve that sales price.

 

Mayor Waldorf suggested moving on to the zoning question so that the developers could move forward.

 

Mr. Waldon then noted that the units could not be built without changes being made in the Development ordinance regarding setbacks and floor area ratios.  He explained that the next step would be to draw up a new zoning district with characteristics drawn from OCHC’s plan.   Mr. Waldon suggested creating an “affordable housing zoning district,” based on the plan before them, and recommended that the Council refer the plan to the staff to develop such a zoning district.  The next step, Mr. Waldon explained, would be to put that into the zoning ordinance and then to apply it somewhere. 

 

Mayor Waldorf asked Mr. Waldon if his staff could bring the report back to the Council by December 7th.  Mr. Waldon answered yes. 

 

Council Member Foy asked if the Council could give the applicants’ conditional zoning based on their application.  Mr. Waldon replied that since this was not the only piece of land where something like this had been suggested, the new zoning district would be applicable to more than one piece of property.  

 

Council Member Foy pointed out that OCHC’s new plan clusters units, increases density, and makes better use of topography.  He asked Mr. Waldon to consider incorporating those things into the new ordinance that he develops.

 

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO HAVE THE STAFF BRING BACK A REPORT.

 

Council Member McClintock stressed that the Council should keep in mind that the new ordinance would apply to other projects as well as the one before the Council tonight.  She suggested incorporating buffer requirements into the new zone because that may be an issue in other neighborhoods.  Council Member McClintock also stressed that the clustering provision is very important.  She added that a ceiling should be applied to the sales price so that the housing really is affordable.  Council Member McClintock also recommended changing or increasing the notification requirements for the zoning change if it occurs in an area where there is likely to be interest and concern. 

 

Council Member Brown asked what the time frame for revising the ordinance was and how that would fit in with the Scarlett Drive development project.  Mr. Horton replied that the staff would bring back a preliminary report and proposed schedule on December 7th, which would allow OCHC to move ahead with the project during the first quarter of 1999.

 

Mayor pro tem Capowski expressed doubt that many single mothers could afford to buy a $100,000 house, and asked Mr. Dowling to describe in a letter to the Council who the target buyer is and how he or she could afford one of these units.

 

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO DIRECT THE STAFF TO BRING BACK A PROPOSAL FOR A NEW AFFORDABLE HOUSING ZONING DISTRICT.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Item 12 Consideration of a Request from Applicant Regarding

 Meadowmont Village Center with Related Reports   

 

Mr. Waldon explained that the Council’s approval on July 2, 1997 of the Meadowmont Village Center’s Special Use Permit had carried with it several conditions that required the applicant to change the site design that it had presented to the Council.  He stated that on September 9th the staff brought back a site plan which the applicant felt had met those conditions.  Mr. Waldon went on to explain that the Council then adopted a resolution specifically addressing one of those conditions which had to do with what the Council considered to be the land area equivalent to a 106-space parking lot.  He explained that the applicant had come back tonight to present another site plan to the Council.

 

Mr. Waldon reviewed what the Council had been given in their packet of information from the applicant and from three other sources that they had requested:  Mr. Ken Redfoot, the staff, and an independent expert in architecture and urban design.

 

Bruce Ballentine, of Ballentine Associates, discussed how many square feet are equal to 106 parking spaces in the Meadowmont Village Center.   He stated that the Council had required the applicant at the July 2nd meeting to take an area equivalent to 106 parking spaces and place that amount of square footage back into the Village Center as green area.  Mr. Ballentine stressed that this task was different from going out somewhere and designing a 106-space parking lot.  He argued that the applicant’s original interpretation was correct and that it should not be taken out of context.  He stressed that how you pose the question on this issue determines what the answer will be.  He quoted various planning experts and read excerpts from planning literature to show that the answer to the question of how much land equals 100 parking spaces can vary from 100 spaces, as a rule of thumb, to 400 square feet per space, which equals 109 spaces per acre.

 

Mr. Ballentine stated that York Properties had asked his firm and John Felton, of Kline-Davis Architects, to look at the issue from different angles and come up with a compromise solution.  He said that the applicant had reviewed the result of these analyses and were in agreement with the compromise plan if the Council agrees.  Mr. Ballentine added that the Council had requested more than “the letter of the law of the special use conditions state,” but that the applicant is willing to accept it.

 

Mr. Ballentine explained that in developing the plan designers looked at Town-approved parking lots on Eubanks Road, Church Street Lot #5, Highway 54, and Southern Village.  He noted that the Eubanks lot had a density of 107 spaces per acre, Church Street is 113, Highway 54 Park & Ride is 111, and Southern Village is 99 spaces per acre.  Mr. Ballentine added that the density within the Meadowmont Village project is 106 spaces per acre, and gave the average of those five parking lots:  107 spaces per acre.

 

Mr. Ballentine pointed out that by these figures a 106 space parking lot equals 43,150 square feet  He then displayed two sets of plans for fictitious 106 space parking lots which would meet all of the Town’s standards, including adequate green space.   Mr. Ballentine noted that those lots were 42,624 square feet and 40,890 square feet in size.  He then explained that John Felton has taken the 43,150 square feet that Ballentine Associates had calculated as the average of five lots and had incorporated it into the Village Center with emphasis on the Village Green area.

 

John Felton, Director of Community Design with Kline-Davis Architects, showed various areas in the Village Center where the 43,150 square feet of green space has been dispersed, indicating that most of it (a little less than 30,00 square feet) would be in the Village Square.  Mr. Felton stated that he did not want to play a numbers game with design.  He said that he had increased the green space as much as he could without sacrificing the quality of the space.

 

Council Member McClintock asked where the parking would be along the Village Green. Mr. Felton indicated the two diagonal parking areas on either side of the green space. 

 

Council Member Wiggins stated that visuals help her understand the issues more clearly.  She noted that the architects had responded in a positive way to what they believed the Council wanted, adding that the proposed design was much improved. 

 

Council Member Brown asked what the light brown areas were on the plan and whether or not there would be parking on the circular area at the front of the Village Green.  Mr. Felton replied that the light brown areas were pedestrian walkways and that there would be no parking on the circular one-way drive around the statue.

 

Mayor pro tem Capowski asked if the Council was in a quasi-judicial forum where the public hearing would have to be closed.  Mayor Waldorf replied that it was not quasi-judicial, adding that technically that was the Manager’s decision but that the Council had taken it unto itself. 

 


Mayor pro tem Capowski noted that even though Mr. Felton had objected to designing by numbers, his firm was there because they had objected to the number of 76,000 square feet.  Mayor pro tem Capowski pointed out that four experts had given opinions and the lowest figure among them was from Mr. Waldon (36,200 square feet), with the highest (78,400 square feet) being was from Professor Bachelor at UNC.  Mayor pro tem Capowski suggested choosing a compromise figure at the midpoint between those two, which would be 57,300 square feet

 

MAYOR PRO TEM CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER MCCLINTOCK, TO REQUIRE 57,300 SQUARE FEET AS EQUIVALENT TO THE AREA OF 106 PARKING SPACES. 

 

Mayor Waldorf pointed out that there had been a 31,000 square feet number as well, but Mayor pro tem Capowski replied that there had not been one that low “tonight.” 

 

Council Member Pavão said that he preferred the original proposal because the applicant had listened to the Council and had come back with an acceptable proposal.

 

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, TO SUBSTITUTE THE ORIGINIAL VILLAGE GREEN PROPOSAL FROM THE APPLICANT FOR MAYOR PRO TEM CAPOWSKI’S MOTION.

 

Mayor Waldorf pointed out that the Council had to decide whether or not to substitute the motion.  

 

Council Member Bateman stated that she would look more favorably upon Council Member Pavão’s motion if the applicant would move an office building, which she indicated on the map, further back so that there would be a better view of the meadow from the Village Green.  Mr. Felton replied that doing so would permit more highway noise to enter the area.  He added that the building provides a visual terminus to one side of the green space, which gives people on the Village Green two different experiences.  Mr. Felton also pointed out that moving the building would mean that the restaurant, retail space, and those working in the office building would lose the view of the Green, making those spaces more difficult to rent.  He suggested moving the building somewhat, so that the offices could still have a view.

 

Council Member McClintock suggested considering the motions in the context of the July 2, 1997 definition of public green space:  “Land area equivalent to a 106 parking space parking lot shall be provided as a public green space which shall be easily accessible from the Village Center center.”  She stated that the applicant was moving in the right direction but that what the Council does should be in the spirit of what they approved.

 

Council Member Wiggins objected to the Council “throwing out figures” without knowing enough about design to know how those figures will impact the project.  She suggested asking to see what 57,000 square feet would look like and learning about how it will impact the businesses located there.  Council Member Wiggins said that she was not committed to either motion but wanted the Council to resist taking action that might undo the project.

 

Council Member Evans said that she liked the new plan, and expressed concern that adding even more green space and spreading the buildings farther apart might cause people to drive from one part of the Village Center to another rather than walk.  She suggested that the new plan had almost stretched the town square to that point.  Council Member Evans urged the Council to focus on how it wants the commercial area to look and function and cautioned against forcing the applicant to design something that will fail.

 

Mayor Waldorf asked Council Member Bateman to again explain why she wanted the building moved.  Council Member Bateman stated that she was interested in getting a large amount of green space together. 

 

Mr. Felton showed how moving the building back about 20 feet would still allow it to terminate the street facade but would increase the amount of contiguous green space in the village. 

 

Council Member Bateman stated that his suggested compromise was not what she wanted. 

 

Mayor Waldorf said that she did not personally understand that, adding that the goal was to create a small urban center, not recreational fields. 

 

Council Member Foy, noting that he respects the designer’s right to make these decisions, pointed out that there had been significant increases in green space which had made the Village Square more pedestrian oriented.  He added that the designer should be given the flexibility to make choices about where to put the green space. 

 

Council Member Pavão stated that he like the building where it was because it lends intimacy to the Village Square and enables people working there to look down on the additional green space that has been gained and allows the restaurant to put tables out near the Village Green.  He asked that they move on the issue. Council Member McClintock called the question.

 

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, TO ACCEPT THE APPLICANT’S PROPOSAL RATHER THAN ADOPT THE MAIN MOTION TO SUBSTITUTE 57,300 SQ. FEET OF GREEN SPACE.  THE SUBSTITUTE MOTION WAS DEFEATED (4-5), WITH MAYOR WALDORF AND COUNCIL MEMBERS WIGGINS, EVANS, PAVÃO VOTING IN FAVOR AND COUNCIL MEMBERS MCCLINTOCK, BATEMAN, FOY, BROWN AND CAPOWSKI VOTING AGAINST.  

 

Mayor Waldorf stated that the main motion was now on the floor and open for discussion.  Various Council Members expressed annoyance that the 57,300 square feet figure was picked “out of the blue” and that the applicant was being asked to design to that without Council Members being able to see what it would look like.  Council Member Brown replied that that was in keeping with the way they had done it in the past.

 

Mr. Smedes York stated that York Properties had bent over backwards to meet the requirements and that they could not continue to compromise the plan and still have it work.  He stated that he wanted to see the compromise plan, which he said was reasonable, or the original plan approved. 

 

Council Member Foy pointed out that the Council had not asked for the compromise plan, but had asked for one with 76,000 square feet  He added that the Council had never seen what they asked for but had been presented with a plan which the applicant thought was a reasonable compromise.  Council Member Foy stated that it is not unreasonable for the Council to offer their own compromise or to ask to see what they thought they were going to get.

 

Council Member Wiggins noted that the Council had asked for 76,000 square feet, but had not seen what that would look like.  She said that Council might have been embarrassed if they had seen what that amount of green space would do to the total design. 

 

Quoting Stick Williams, Council Member Evans suggested that the Council was beginning to “jerk people around.”

 

Council Member McClintock said that the design was going in the right direction and that a public green space will make the area more vital and successful. 

 

Council Member Bateman expressed sympathy for the applicant.  She explained that she did not intend to jerk people around but merely felt that the project deserved more green space. 

 

Council Member Pavão stated that one can see how much green space already had been added to the overall project by comparing exhibit J (the old plan) to exhibit K (the new plan). 

 

Mr. Felton indicated a square green box in the corner of his exhibit and explained that it represented 76,000 square feet of green space.  He asked the Council if they had calculated what that would look like in the Village Green. 

 

Council Member Wiggins asked if the Council could see what 54,000 square feet would look like first before voting on it.  Mayor Waldorf replied that the answer to that would depend on whether the applicant chose to draw it. 

 

Council Member Brown called the question, adding that she was voting for the motion in the spirit of what the Council had done in the past when green space was an extremely important element.

 

MAYOR PRO TEM CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER MCCLINTOCK, TO REQUEST THE APPLICANT TO BRING BACK A PLAN WHICH ADDS 14,150 SQUARE FEET OF GREEN SPACE TO THE PLAN FOR THE VILLAGE SQUARE WHICH WAS PRESENTED ON NOVEMBER 9, 1998.  THE MOTION PASSED (5-4), WITH COUNCIL MEMBERS BATEMAN, FOY, BROWN, CAPOWSKI AND MCCLINTOCK VOTING IN FAVOR AND MAYOR WALDORF AND COUNCIL MEMBERS PAVÃO, EVANS AND WIGGINS VOTING AGAINST.

Item 13 Proposed Process for Considering Adequate Public Facilities Ordinance

 

Mr. Horton explained that the Council had asked the staff to work toward putting the Council in a position to enact a public facilities ordinance by summer.  He said that to do that the staff would need to bring a fairly major report by March so that the Council could consider it, initiate whatever process is needed, and have time to go before the Legislature if necessary.   He added that the Legislature’s normal schedule for introducing new legislation is typically about the third week in May.

 

Council Member Brown remarked that this idea had been supported by many Councils over the years. 

 

COUNCIL MEMBER BROWN MOVED TO ADOPT RESOLUTION 7 WITH THE REMOVAL OF THE SECOND “BE IT FURTHER RESOLVED…”.

 

Council Member Foy asked why.  Council Member Brown explained that waiting for special legislation would mean that the Council would not go forward.  She added, though, that if some wanted to add the second part as a separate motion that would be fine with her. 

 

COUNCIL MEMBER FOY SECONDED COUNCIL MEMBER BROWN’S MOTION.

 

Mayor pro tem Capowski thanked Council Member Brown for removing the second paragraph and quoted Cary City Councilman Glen Lang, with whom he recently discussed this issue:  “Cary now has a roads adequate facilities ordinance in place.  It was passed last summer.  They currently have a proposal for an adequate public facilities ordinance directed towards school concurrency which will come to a vote this December. Cary believes it has the right to pass these ordinances without enabling legislation and its attorney says that this is okay.” 

 

Mayor pro tem Capowski said that Glen Lang also suggested that Chapel Hill’s Town Attorney contact Cary’s attorney for copies of these ordinances.  Mayor pro tem Capowski added that the Cary experience supports Council Member Brown’s approach of passing the ordinance without seeking enabling legislation.  He suggested adding a small amendment to have the Attorney draw up a draft ordinance and take it to a public hearing.  Council Member Brown agreed.

 

Mayor pro tem Capowski suggested also deleting the section that asks the Manager to bring a major report in March 1999 and directing the Town Attorney instead to prepare a draft adequate public facilities ordinance based on concurrency with roads, and a draft based on concurrency with school capacity, and to present them at a public hearing as soon as possible.

 

Mayor Waldorf replied that she did want a staff report. 

 

Council Member Evans agreed, noting that Chapel Hill had always tried to operate cautiously and conservatively within the law.  She added that she was personally appalled by this kind of action. 

 

Mayor Waldorf suggested that the Council was unclear about what the motion was at this point.

 

Council Member Brown proposed rewording her motion to include a request that the Town Manager bring the Council a major report and draft ordinance in February 1999 for a public hearing on the topic of adopting an adequate public facilities ordinance. 

 

Council Member McClintock asked if Council Member Brown wanted to add “for school capacity and roads.”  Council Member Brown replied that she did not.

 

Mayor Waldorf asked the Manager if that was a workable schedule.  Mr. Horton replied that they had already given their considered best estimate of when they could do it, noting that the motion had asked the Town Attorney to do it.  He pointed out that the Attorney was not present to comment and stated that the staff would do the best they could to bring a report by February. 

 

Council Member Brown proposed adding “Town Attorney” to the motion and dropping the word “major.”  Council Member Foy, the seconder, agreed with those changes.  

 

Mr. Horton stressed that the staff would do the best they could, reiterating that he could not promise to do all that was requested of them by the new February deadline.

 

Council Member Pavão asked Council Member Brown if her motion removes the second “be it resolved...”.  Council Member Brown replied that was correct.  Council Member Pavão pointed out that this meant not looking at enabling legislation. 

 

Council Member Evans asked if Council Member Brown had requested this because she did not think the Town needed such legislation or because of the delay it would cause.  Council Member Brown replied that she had requested it for both reasons.

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER FOY, TO ADOPT RESOLUTION 7, AS AMENDED, AND TO DIRECT THE TOWN MANAGER AND TOWN ATTORNEY TO BRING THE COUNCIL A REPORT AND DRAFT ORDINANCE IN FEBRUARY 1999 FOR A SPRING PUBLIC HEARING.  THE MOTION WAS ADOPTED (7-2), WITH COUNCIL MEMBERS EVANS AND PAVÃO OPPOSED.

 

A RESOLUTION DIRECTING THE TOWN MANAGER TO PREPARE A REPORT ON POSSIBILITIES FOR ADOPTING AN ADEQUATE PUBLIC FACILITIES ORDINANCE (98-11-9/R-7)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council requests the Town Manager and Town Attorney to bring the Council a report and draft ordinance in February, 1999 for a spring public hearing on the topic of adopting an Adequate Public Facilities Ordinance.  This report shall include information about experience in other communities, sample ordinances from other communities, discussion about the legal and institutional context for such an ordinance here, and a draft ordinance.

 

This the 9th day of November, 1998.

 

Item 14  Report on Additional Sidewalk Cleaning Services in the Downtown Area

 

Bruce Heflin directed the Council’s attention to the staff report and pointed out that the Town is providing more services downtown now than it ever has before. These include clean-up as well as litter and graffiti removal.  These services are provided by multiple divisions of the Public Works staff and by the Downtown Commission.  Mr. Heflin pointed out that services could be improved with the addition of a two person crew, and he suggested various options for financing that. 

 

Mayor Waldorf noted that the Manager had recommended considering this in the context of next year’s budget, adding that she agreed with that. 

 

Council Member Evans also agreed, mentioning that the clean-up has been very effective and that the streets looked much better. 

 

Council Member McClintock disagreed with that and stated that she had walked both sides of Franklin Street recently and was struck by how dirty and unattractive it was.  She argued that the Town needed funds for clean-up before the next budget year.

 

Council Member Foy added that the proposed motor litter collection vehicle probably would help in collecting cigarette butts. 

 

Mr. Horton pointed out that it would not do any good to have the equipment without having the personnel to operate it.  He added that both Council Members McClintock and Evans’ observations were correct because the downtown street conditions depend on what has been happening there.  Mr. Horton stated that to have it in good shape on a consistent basis would depend on having the two additional people as well as the equipment. 

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADDRESS THE ISSUE OF ADDITIONAL SIDEWALK CLEANING SERVICES IN THE NEXT BUDGET SESSION.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).   

 

Item 15  Response to Petition Regarding the Permitting of Bed and Breakfasts

 

Mr. Horton explained that the Council would need to consider an ordinance modification if it wants to permit bed and breakfast establishments. 

 

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 8.

 

Council Member Evans proposed amending the section “whereas the Council wishes to hear citizens comment on whether to change the regulation...” to “whereas the Council wishes to hear citizens comments on whether to allow...” since the Town does not have a regulation. 

 

Mr. Horton added that the date April 14th should also be changed to April 19th

 

Council Member McClintock asked if she was correct that bed and breakfasts were permitted under the current ordinance, since Betty York, who had made this petition had been allowed to have one in her home.  Mr. Horton replied that they were allowed in very limited circumstances.  Mr. Waldon added that there are two ways right now that a person can stay in a room in Town and be served breakfast:  one is in a hotel;  the other is in the home of someone who does it as a home occupation. 

 

Council Member McClintock noted that this means that bed and breakfasts were allowed under the current ordinance as long as they were not more than 750 square feet   She pointed out that the Council would be hearing from citizens about whether or not they will allow larger, rooming-house size bed and breakfasts.

 

Mayor pro tem Capowski asked why the Council was considering this if tourist homes are already allowed.  Mr. Waldon replied that tourist homes are permitted in certain zoning districts under certain conditions, but that these are not a good match for what is conventionally referred to as bed and breakfasts.

 

Mayor pro tem Capowski stated that the issue then was not whether someone could run a tourist home in a Town Center district, because they already can do that.  He said that the issue was whether they can run a tourist home, which is larger than a home occupation, in a residential neighborhood.  Mr. Horton stated that that was a good description of the question before the Council, adding that the options in Resolution 8 give the Council choices on how to do this.

 

Mayor pro tem Capowski asked if the Development Ordinance Text Amendment would address the necessary buffering and automobile-related issues.  Mr. Waldon replied that the staff would offer options, but the decision would be made by the Council. 

 

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER EVANS,  TO ADOPT RESOLUTION 8 AS AMENDED.  THE MOTION WAS APPROVED (8-1) WITH COUNCIL MEMBER MCCLINTOCK VOTING AGAINST.

 

A RESOLUTION DIRECTING THE TOWN MANAGER TO PREPARE A DEVELOPMENT ORDINANCE TEXT AMENDMENT TO ALLOW BED AND BREAKFAST ESTABLISHMENTS, CALLING A PUBLIC HEARING TO CONSIDER THE PROPOSED AMENDMENT AND REFERRING THE PROPOSED AMENDMENT TO THE TOWN MANAGER, THE PLANNING BOARD AND THE HISTORIC DISTRICT COMMISSION (98-11-9/R-8)

 

WHEREAS, the Council has received a petition to allow Bed and Breakfast establishments in Chapel Hill; and

 

WHEREAS, the Council wishes to hear citizen comment on whether to allow the regulation of Bed and Breakfasts establishments;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council directs the Town Manager to prepare a Development Ordinance Text Amendment to allow Bed and Breakfast establishments in Chapel Hill; and

 

BE IT FURTHER RESOLVED that the Council calls a Public Hearing for 7:00 PM on April 19, 1999 to consider whether to amend the Development Ordinance to allow Bed and Breakfast establishments; and 

 

BE IT FURTHER RESOLVED that the Council refers this proposed Development Ordinance Text Amendment to the Town Manager, the Planning Board and the Historic District Commission for their consideration and recommendation. 

 

This the 9th day of November, 1998.

 

Item 16  Resolution Selecting a Consulting Firm

for Transportation Related Consulting Services

 

Mr. Horton explained that the Council Committee advised the staff to make some modification of the scope of their work.  He said that the staff has offered some language that would do that and are awaiting the Council’s further guidance. 

 

Council Member Brown proposed adding “Town-wide transportation planning and traffic management and other ways of preparation of traffic planning impact analysis” instead of the word “possibilities” in the Background section of the memorandum.

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT RESOLUTION 9.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION SELECTING THE FIRM OF BALLOFFET AND ASSOCIATES FOR CONSULTING SERVICES TO CONDUCT A WORK SESSION WITH THE CHAPEL HILL TOWN COUNCIL ON TRANSPORTATION ISSUES (98-11-9/R-9)

 

WHEREAS, the Chapel Hill Town Council has expressed a desire to review a range of transportation issues; and

 

WHEREAS, the Council intends to retain consulting services to conduct a work session to discuss these transportation issues; and

 

WHEREAS, the Council has reviewed proposals to provide such services and finds the proposal from Balloffet and Associates to be the most desirable proposal;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council selects Balloffet and Associates to assist the Council in reviewing transportation issues.

 

BE IT FURTHER RESOLVED that the Council directs the Town Manager to discuss the proposed scope of work with the consultant and develop a final contract for services based on the proposal dated October 9, 1998 and suggested adjustments outlined in the Manager’s November 9, 1998 memorandum to the Council.

 

This the 9th day of November, 1998.

 

Item 17  Consideration of Priority Goals and Objectives for 1998-99

 

Council Member Brown asked for more staff comment on Number 1:  “Council to get complete analysis of pros and cons of development proposals”.   She then asked for comments from the staff on how they view development proposals that have come to the Town within this context.  Council Member Brown added that she had not seen pros and cons in the development proposals that come to the Council and wanted to know more about the staff’s view of this.  Mr. Horton replied that the staff could respond to this by going through memoranda at a Council meeting or a work session.  He added that it would be helpful to get suggestions from the Council on additions and improvements that the Council would like to have made.

 

Mayor Waldorf stated that it is very difficult to function in an environment where the direction is not clear.  She stressed that Council Members should be very specific about what they like or do not like.

 

Council Member Bateman handed out examples of ways that agencies have reported pros and cons.  She explained that these examples included a staff report to the School Board, and one from the staff about two proposed Meadowmont sites. 

 

Mayor Waldorf observed that giving pros and cons when analyzing a policy decision is quite different from giving pros and cons for a development application. 

 

Council Member McClintock suggested setting time aside to discuss this, either at the retreat or at a work session. 

 

Mayor Waldorf noted that the Council has difficulty scheduling the work sessions that it has to have. 

 

Council Member Evans stated that pros and cons are important, but it is sometimes difficult to weigh issues with only pros and cons.  She observed that the Council had not been getting the professional voice of its staff people as much anymore, and added that she would like to hear more of what those professionals feel about the issues.

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT RESOLUTION 10.

 


Council Member McClintock noted that the Council had discussed having the staff do a better job of analyzing traffic impact statements.  Mr. Horton replied that that was part of what the transportation consultant would do.  Council Member McClintock stated that she understood that but was looking for a short-term solution to get them through the next few months. 

 

Mayor Waldorf noted that the consultant would give a report in January. 

 

Council Member Brown suggested adding “further discussion of this will take place at the January 1999 Council retreat,” and Council Member Evans agreed.                

 

Mayor pro tem Capowski stated that he wanted to bring a petition to the next regular meeting that would ask the staff to visualize the effects, good and bad, of development proposals—the actual construction of the projects themselves as well as their traffic impacts.  He added that the Council needs to visualize these projects by relating them to something they understand, such as existing roads.   

 

Council Member Wiggins supported that, noting that she had made the same point earlier. 

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT RESOLUTION 10, AS AMENDED.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION ESTABLISHING COUNCIL GOALS AND OBJECTIVES

(98-11-9/R-10)

 

WHEREAS, the Council met on August 29, 1998 to develop goals and objectives for 1998-99; and

 

WHEREAS, the Council engaged in a process to designate priorities for goals and objectives;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council establishes the following goals and objectives in priority categories as indicated:

 

Part I -          GOALS AND OBJECTIVES FOR 1998-99

 

CRITICAL GOALS:

 

1.       Council to get complete analysis of pros and cons of development proposals and recommendation; include department recommendations – differences of opinion in department input.  Further discussion of this issue will take place at the Council’s January, 1999 retreat.

 

         In response to the Council’s direction, we have undertaken a complete rethinking of how we present the staff’s evaluation of development applications. Reports recently presented on two special use applications include a number of revisions which we believe are directly responsive to the Council’s wishes.  We will continue to work on improvements and will extend our revisions to reports on subdivision proposals and other development applications considered by the Council. 

 

         We welcome the Council’s additional guidance and feedback as we continue to seek improvements.  As a part of our follow-up, we hope that the Council would be able to set aside some time at the January retreat for evaluation of our improvement efforts.

 

 

2.     Streetscape: Go further faster: improve lighting overall – more priority to lighting than in past? – Manager make downtown cleanup and safety a priority.

 

         These issues were addressed, in part, in the September 28th report to the Council on downtown issues.  A follow-up report covering all of these issues will be presented to the Council during the second quarter.

 

 

IMPORTANT GOALS:

 

 

3.     Development Ordinance: require development requests address specific traffic impacts better than now.

 

         The Council has scheduled a public hearing on adding a fifth finding for Special Use Permit applications for February 15, 1999.  Also, the Council has adopted a process to select a transportation consultant to assist the Council in considering transportation issues.

 

 

4.      Look at adding small vans/small buses to bus system to serve areas not served by regular routes (Boulder’s hop-skip-and-jump?)

 

         We will provide a report to the Council in the third quarter on Boulder’s program, on the Town’s shared-ride program, and related issues.  We also will refer this information to the committee that is reviewing the mission and programs of the transit service.

 

 


 

5.      Open-space acquisition program – set out goals/policies/plans.

 

         We will propose process options and possible timetables for the Council’s consideration; report to be presented in third quarter.

 

 

6.      By July 1, 1999 pass adequate public facilities ordinance.

 

         We will report to the Council at the November 9th meeting on a process to consider an adequate public facilities ordinance.

 

 

ADDITIONAL GOALS

 

The following additional goals suggested by Council Members will be taken into account by the Manager and the appropriate department heads as work plans are carried out in 1998-99.  These additional goals will receive attention as resources permit and consistent with the need to focus resources on the higher priority goals of the Council.

 

7.            More environmental consideration in subdivision ordinance – staff consider and recommend.

 

8.            Find ways to foster more public art activity – (e.g. exhibits in public parks?  Use top level of parking deck?).

 

9.            Get diverse representation of citizens in comprehensive plan preparation – help Council planning group do this.

 

10.        Make public housing more available to Hispanic population.

 

11.        Demonstrate requested new services are needed – that use of existing resources/level is most efficient possible.

 

12.        Examine how we collect trash in downtown – look at Athens, GA.

 

13.        Change Development Ordinance to provide grass in required parking areas until need is proven.

 

14.        More emphasis of downtown as community/cultural center (discuss IFC kitchen and panhandling).

 

15.        Devise way to report impact of development proposal on aggregate development, existing and proposed.

 

16.        Develop easy reference resource guide to policies for use by Council.

 

17.        Council and staff put more emphasis/focus on long-range planning.

 

18.        Ask OWASA to get transferable easements for utilities where town has plans.

 

19.        Adopt “egregious eyesore” ordinance.

 

20.        Council adopt conflict of interest ordinance for advisory boards.

 

21.        Consider restoration of vegetation along streamways to prevent erosion.

 

 

Part II -         GOALS AND OBJECTIVES CONTINUED FROM 1997-98

 

22.        Continue to improve public housing.

 

Devise plan to obtain systematic feedback from public housing residents, the Residents’ Council, and the Housing Advisory Board regarding all key performance areas of the Housing Department; utilize scientific survey techniques, focus groups, interviews and other survey techniques to obtain valid and reliable data.  Design by third quarter; initiate work by fourth quarter.  Use results to develop specific follow-up work plans.

 

In Progress.  The Housing staff is working with the UNC School of Social Work regarding a field project assignment for a graduate school student.  The graduate student would survey a random sampling of public housing residents to obtain feedback on satisfaction with present services, services needed but not provided, and how things should be done differently.  The field project will begin in the fall semester.

 

23.        Develop a way that the Council can have a context for individual development proposals (mapping, impacts).

 

a)      Provide standardized wide-area maps showing key natural features and nearby development using Town geographic information system; implement by third quarter.

 

b)      Provide standardized maps of traffic counts on area streets, using Town geographic information system; implement by third quarter.

 

In Progress.  A report was presented to the Council at the October 26th meeting.  The discussion was to be included with the work proposed for the transportation consultant.

24.         Help Council increase the number of underrepresented groups in pool of nominees for Town boards and commissions  (Manager to prepare process). 

 

a)      Present process options to the Council at the January planning session; also, present analysis of advisory board composition.

 

Continuing. The Council received an analysis of advisory board composition on January 12th. The Council did not consider process options at the January planning session.  During the spring, 1998 board and commission application cycle the Town staff advertised advisory board vacancies with newspaper ads, direct mailings, and radio announcements.  The Manager will prepare a report for the Council for consideration at the January retreat.

 

25.         Have independent analysis of traffic impacts of all new development proposals.

 

a)     Present report to the Council outlining options that could produce independent traffic analyses, with estimated resources needed and costs for Council consideration; third quarter.


 

In Progress. The Council has adopted a process to select a transportation consultant to assist the Council in considering transportation issues.

 

 

26.         Prepare a map showing all privately-owned undeveloped land (3rd quarter).

 

 

Completed.  The Council received the map at the October 26th meeting.

 

27.         Prepare a map that generally outlines areas of Town developed prior to World War II (4th quarter).

 

In Progress.  The map will be delivered to the Council by the end of the 1998 calendar year.

 

28.         Send letter to United States Senators and Representatives requesting assistance in obtaining floodplain map updates if necessary after checking status of requests.

 

In Progress.  As we reported to the Council on August 12, 1998, we have learned that FEMA has no specific schedule for updating our maps.  The Manager has asked for advice from Congressman Price’s staff about how to pursue this issue and will report to the Council later this fall.

 

Part III -       ITEM ABOUT WHICH THE COUNCIL REQUESTS STAFF REPORTS

 

29.       Look into hiring energy officer in cooperation with other Orange County local governments – is there still interest? – energy reduction offset some costs.

 

Schedule:   Report in second quarter.

 

30.       Evaluate progress in Parks and Recreation operations.

 

Schedule:  Report in fall of 1999.

 

31.       Manager look at Parking sticker issuance – customer-friendly.

 

Schedule:  Report in second quarter.

 

32.       See if we need/can have rural buffer on south side of Town like we do on north. Give Council report of situation/options available.

 

Schedule:  The Council received this report at the November 9th meeting.

 

33.       Consider joint purchasing agent with County or Carrboro – Combine purchasing operations – put emphasis on buying recycled materials.

 

Schedule:  Report in second quarter.

 

34.       What are our long-term plans for P.O. Building downtown?  Staff give Council general background report.

 

Schedule:  Report in second quarter.

 

 

This the 9h day of November, 1998.

 

Item 18   Resolution Reconvening Meadowmont Hilton Garden Inn Hearing on

December 7, 1998, To Determine What Constitutes Contiguous Property

(moved to consent agenda)

 

 

Item 19 Discussion of Information Reports

 

Council Member Foy explained that he had removed item 5h from the Information Reports because he wanted the Council to discuss options for extending the rural buffer southward. 

 

Mayor Waldorf noted that the Town would have to work with Chatham County on that. 

 

Council Member Foy pointed out that the Town had come to an understanding with the Carroboro Board and the Orange County Board, so why not try working with the Chatham County Board as well.

 

Council Member Evans stated that she thinks of the rural buffer as mandated urban sprawl, with one unit for every two acres.  She pointed out that the area outside the rural buffer, which is one unit per five acres, may be more of what people think of as rural. 

 

Council Member Foy explained that the buffer stops at Chatham County primarily because Chapel Hill has not negotiated with Chatham County.  He said that he would like to move forward on this, but did not know exactly how to do so. 

 

Mayor Waldorf suggested that she call the chair of the Chatham County Commissioners and ask if they can talk about it more specifically.  She mentioned that there would be water issues involved. 

 

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, THAT THE COUNCIL CONTACT THE CHAIR OF THE BOARD OF THE CHATHAM COUNTY COMMISSIONERS AND INITIATE MORE DIRECT CONVERSATIONS ABOUT EXTENDING THE BUFFER.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBERS EVANS AND FOY, TO ADJOURN THE MEETING.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

The meeting was adjourned at 10:45 p.m.