SUMMARY MINUTES OF A REGULAR BUSINESS MEETING OF THE
CHAPEL HILL TOWN COUNCIL, NOVEMBER 23, 1998, AT 7:00 P.M.
Mayor Waldorf called the meeting to order at 7:00
p.m.
Council Members present were Flicka Bateman, Joyce
Brown, Joe Capowski, Pat Evans, Kevin Foy and Edith Wiggins. Council Members Julie McClintock and Lee
Pavăo were absent excused. Also in
attendance were Town Manager Cal Horton, Town Attorney Ralph Karpinos, Assistant
Town Managers Sonna Loewenthal and Florentine Miller, Planning Director Roger
Waldon, Development Coordinator J.B. Culpepper, Assistant to the Manager Ruffin
Hall, Transportation Director Bob Godding, Library Director Kathy Thompson,
Police Chief Ralph Pendergraph, Fire Chief Dan Jones, Police Captain Gregg
Jarvies, Internal Services Superintendent Bill Terry, Computer Systems
Specialist Bob Avery and Acting Town Clerk Toni Pendergraph.
Mayor Waldorf congratulated the following five
retiring Town employees and thanked them for their years of service: Barbara Davis (30 years, Library), Robert
Degraffenreid (7 years, Transportation), Lamont Durham (26 years, Fire),
Catherine Atkinson (17 years, Transportation) and Katrinka Borders (31 years, Transportation
and Police).
Item 5a
Edwin Danziger asked to speak early regarding the
Manager’s response to a petition on placing telecommunications towers in the
University Lake Watershed portion of the Joint Planning Area’s rural
buffer. Mr. Danziger asked,
rhetorically, if the Council intended to let the Orange County Planning
Department assume authority for defining terms, such as “commercial use,” for
areas in which Chapel Hill has an interest.
Mr. Danziger said that if the County is permitted to
define “commercial use” then it may also define terms such as “industrial use”
according to its own interpretation. He
stated that land use zoning and planning can be done indirectly through
interpretation and definition of words, and suggested that this is being done
in the University Lake Watershed because telecommunications towers are not
legally permitted to be preemptively planned or zoned out of a given area. Mr. Danziger repeated his argument that
changes in the interpretation of critical words used in ordinances can affect areas that the Town
may wish to protect. He also said that
the University Lake Watershed issue should be reviewed by towns that have an
interest, such as Chapel Hill and Carrboro.
Council Member Foy noted that the main point of the
Manager’s memo was that Special Use Permits were not within the purview of the
Council in the way that land use planning was.
Mr. Danziger said that his point was that Orange
County already is doing land use planning by changing the definition of words
such as “commercial use” without the Council and the Carrboro Aldermen having a
chance to look at the new definition.
Mr. Horton stated that he did not have an immediate
opinion on what Mr. Danziger had said, but that he would consider it.
COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER
BROWN, TO REFER THE ISSUE BACK TO THE MANAGER FOR COMMENT WITH SPECIFIC REGARD
TO MR. DANZIGER’S CONCERNS. THE MOTION
WAS ADOPTED UNANIMOUSLY (7-0).
Item 2 —
Public Hearing on Special Use Permit Application for Village Charter School
Development Coordinator J. B. Culpepper explained that the application proposes converting an existing house on the Carol Woods property into elementary school classrooms. She said that the proposal would require modifying the Carol Woods Retirement Community’s Special Use Permit to allow this new use of a small portion of the property. Ms. Culpepper stated that the staff had reviewed the application and had preliminarily recommended approval with several special conditions: 1) there should be a “staff only” sign in the driveway; 2) the school should continue to use the refuse facilities at Cedar Falls Courtyard; 3) there should be some additional plantings in the front; 4) the permit should omit standard stipulations relating to erosion control plans and stormwater management plans; and 5) the permit should omit the solid waste management plan stipulation. Ms. Culpepper noted that the recommendation also suggests not requiring the applicant to return to the Design Commission for a final sign-off on exterior building elevations. She suggested that the Council begin its discussion by considering what property is contiguous to this application.
Mayor Waldorf asked Ms. Culpepper and Mr. Karpinos
if the Council should define “contiguous” before hearing from the applicant. Mr. Karpinos recommended making the
determination at the conclusion of evidence.
He noted that the definition could be broadened prior to voting if
additional information came back at the next meeting.
Sadie S. Jordan, representing the Village Charter
School, stated that the staff’s recommendations were in accordance with the
school’s plans and were necessary for expansion.
Nancy Adams, speaking as a private citizen, thanked
the Council for considering the application and requested a waiver of fees for the school.
Mayor Waldorf stated that the Planning Board and the
Transportation Board would now review the application and would report back on
December 7th. She added that
the Council has a preliminary opinion from the Design Commission. Mayor Waldorf asked if the applicant wanted
to add anything to the conditions of approval.
Mayor pro tem Capowski asked Ms. Jordan how many
children were in the school. Ms. Jordan
replied that there were 15 first-graders and 12 kindergartners.
Mayor pro tem Capowski asked if the school provides
bus service to its students. Ms. Jordan
replied that it does, adding that moving to the new location would not lead to
an increase in traffic.
Council Member Bateman asked if the new site was on
a sewer or septic system. Ms. Jordan
replied that it was a sewer system.
Council Member Foy asked the length of the
lease. Ms. Jordan said that was pending
Council approval but that she had proposed one year.
Council Member Evans suggested that the Town’s
planning staff review the sign’s location to make sure that it does not
encourage traffic in the staff parking area.
Mayor pro tem Capowski noted that the school is
asking for a waiver of Town fees for the application even though it is funded
by North Carolina’s per pupil allocation.
Ms. Jordan replied that the school budget was extremely small and the
school needs as much assistance as it can get.
Mayor Waldorf asked for a motion on what the Council
wishes to decide is contiguous to this property.
Council Member Evans pointed out that this
application shows how complicated the Council has made the process of
determining contiguous property.
MAYOR PRO TEM CAPOWSKI MOVED THAT THE COUNCIL DEFINE
“CONTIGUOUS,” IN THIS CASE, AS LITERALLY TOUCHING.
Mr. Karpinos stated that Mayor pro tem Capowski’s
motion was out of order under the ordinance, which sets a minimum of 1,000 feet
for an application involving more than 100 acres.
COUNCIL MEMBER FOY MOVED, SECONDED BY MAYOR PRO TEM
CAPOWSKI, THAT ALL PROPERTY OWNERS WITHIN 1,000 FEET RECEIVE NOTIFICATION OF
THE PROPOSED PROJECT LOCATION. THE
MOTION WAS ADOPTED UNANIMOUSLY (7-0).
Council Member Foy asked the Manager if the Special
Use Permit would be affected if the school were to become profitable. Mr. Horton replied that it would not affect
the permit because the Special Use Permit addresses the nature of the use, not
the private or public nature of the school.
Council Member Foy pointed out that the permit would
be permanently attached to this portion of the Carol Woods property.
Mayor pro tem Capowski asked what would happen if
the school became so successful that automobiles became a problem. Mr. Horton explained that the school would
still have to work within the physical limits of the present property. He added that they could modify that only
with the Council’s approval.
COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL
MEMBER EVANS, TO RECESS THE HEARING TO DECEMBER 7TH AND TO REFER IT
BACK TO THE STAFF. THE MOTION WAS
ADOPTED UNANIMOUSLY (7-0).
Mayor Waldorf explained to the audience that the
Council never takes action on the night of the first public hearing. She added that the Council will be able to
act when the application comes back to them on December 7th.
Mr. Pedersen petitioned the Council to expedite the review process for the new middle school on Seawell School Road.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL
MEMBER FOY, TO RECEIVE AND REFER A PETITION FROM THE CHAPEL HILL-CARRBORO CITY
SCHOOLS REQUESTING AN EXPEDITED REVIEW OF THE PROPOSED MIDDLE SCHOOL ON SEAWELL
ROAD. THE MOTION WAS ADOPTED
UNANIMOUSLY (7-0).
Charles Bohl, speaking for Mary Beth Powell,
reported that the Center for Urban and Regional Studies has put together a
proposal to submit to the EPA for a Sustainable Development Challenge
Grant. He explained that the grant
would be for a study of how communities implement compact mixed-use development
nationwide. Mr. Bohl said that the
Center also would develop a best use practices manual and a series of workshops
and bring this information to the region and put it in the hands of people at
the local level. He said that the
Council was invited to take part in the project by receiving the handbook and
helping with the community workshop series.
Mr. Bohl explained that the EPA is looking for letters and indications
of in-kind support, and he listed several nearby NC communities which have
offered such support.
Council Member Evans asked if the Center had gone to
any of the smaller communities in the Triangle J area, noting Holly Springs as
one that is experiencing rapid growth.
Mr. Bohl replied that the study was open to any and all
communities. He added, though, that the
Center need only show at this point that there is at least a base level of
support throughout the region.
Council Member Brown asked Mr. Horton how much staff
time would be needed and is available for this project. Mr. Horton replied that he could not
immediately answer that question. He
said that revising the Comprehensive Plan will take much time and the staff
will be strained
to do anything beyond that other than normal business. Mr. Horton also stated that he did not have
enough information to evaluate the amount of time that this project would
require. Mr. Bohl stated that the time
involvement in other communities had ranged from 50 to 100 hours and the
in-kind monetary involvement had not been more than $3,000 for any individual
community.
Mr. Horton asked when the work would have to be
done. Mr. Bohl said that the workshops
would not happen before the beginning of the year 2000. Mr. Horton explained that if the staff keeps
to its schedule the Comprehensive Plan revision would be finished by November
1999 and staff would then be able to take on a 50-100 hour project. He added that it should be understood that
they were guessing about the amount of time and effort involved.
Mayor pro tem Capowski asked if the Center would be
asking the Council for financial support year after year. Mr. Bohl replied that the project would be
done after one year and that the sustainability of it after that would be up to
individual communities.
Council Member Bateman asked for more information
about the community workshops. Mr. Bohl
replied that the idea is to bring members of the community together with
developers and neighborhoods for discussions.
Mr. Horton pointed out that the applicant needed a
fast decision because the grant deadline was the next day.
Council Member Foy replied that the Council appeared
to agree with the Manager’s recommendation.
Mr. Horton said that he could draft a letter stating
that the Town could participate in this project as it has been described.
Council Member Evans pointed out that information
obtained by the project would be helpful when implementing the Comprehensive
Plan.
Mayor Waldorf added that she supported the project
because it means going out to communities which affect Chapel Hill but which
have not thought much about these issues.
COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER
EVANS, TO GO FORWARD WITH THE PROJECT AS LONG AS THE MANAGER DEEMS IT IS
MANAGEABLE. THE MOTION WAS ADOPTED
UNANIMOUSLY (7-0).
Mr. Pressler requested additional Block Grant funds
to purchase and renovate a house at 128 Johnson Street in Chapel Hill. He said that the Project would then rent the
property to families which earn 60% of the area median income. Mr. Pressler said that the property is
appraised at $200,000, and the Project is under contract to purchase it for
$180,000, having successfully
competed against the largest investor in the neighborhood (who wanted to turn
it into student rental housing). He
said that the Project had received loan approval for $180,000 from the McCauley
Institute and is asking for an additional $110,000 in Community Development
funds from the Town.
Mayor Waldorf asked what the time line was. Mr. Pressler explained that the closing
would have to occur before December 31st, adding that the McCauley
Institute would like to close by December 17th. He noted that the seller would not be able
to take advantage of tax benefits after December 31st.
Council Member Foy asked if the Project could close
the sale without a commitment from the Town.
Mr. Pressler replied that they would not proceed without Town
support.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL
MEMBER FOY, TO RECEIVE AND REFER TO THE MANAGER FOR AT LEAST A PRELIMINARY
REPORT TO COME BACK ON DECEMBER 7TH. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).
Katherine T. Lawson, Vice Chair of the local Sierra Club and State Issue Chair for Campaign Finance Reform
Ms. Lawson said that campaign finance reform is
expected to be a very big issue on both the federal and State levels this
year. She explained that several bills
are being proposed for the State Senate and House. Ms. Lawson stated that there had been an “outrageous” amount of
spending in some local campaigns this year.
She noted that the Raleigh mayoral race this year cost $1/2
million. Ms. Lawson also reported that
a group of donors in southeastern North Carolina were arrested for illegal
bundling, and added that they were rest home operators who were trying to
finance a candidate into the State Senate.
She pointed out that large contributions are made by individuals,
corporations, and political action committees.
Ms. Lawson stated that in most elections the
candidate with the most money wins. She
said that the Sierra Club is concerned about this because large corporate
donors tend to feel that their candidate is beholden to them. Ms. Lawson pointed out that study after
study, on both local and State fronts, have found that those who receive money
from the timber industry and the petrochemical complex tend to vote against the
environment. She also acknowledged that
candidates who receive money from PACS such as the Sierra Club tend to vote
with the environment.
Ms. Lawson explained that her group wants to make
sure that people get into office because they are representing their
constituents, rather than because they have the most money. She presented four proposals to the Council
which she said would help to keep Chapel Hill and Carrboro elections “as clean
as they are.”
First, Ms. Lawson suggested limiting contributions
from any individual, corporation or PAC to $100. She added that this limit has been successful in other states, such
as Florida, and in the City of Austin, Texas.
Second, Ms. Lawson recommended providing complete and full disclosure of
all campaign donors, including their names and occupations, so that people can
know who supports which candidates. She
added that these lists could be posted at polling places and would reveal the
constituency which each candidate is really representing. Third, Ms. Lawson recommended that
candidates voluntarily put a limit on the amount of money they spend in an
election. She noted that Albuquerque,
New Mexico prohibits candidates from spending more than the job is worth (i.e.,
their salary). Fourth, Ms. Lawson
suggested urging the local media and other groups to provide an inexpensive or
free means of getting the candidates’ messages out to the public. She said that the Chapel Hill News, for
example, could offer a discount—or even free space—to those who adhere to
spending caps.
Ms. Lawson pointed out that what she proposes would
free candidates from having to raise funds and would enable them to spend that
time campaigning. She stated that the
Sierra Club is interested in campaign finance reform from an environmental
perspective, but added that many other groups in Town are interested in it from
other perspectives.
Mayor Waldorf agreed that cleaning up is needed in
other places. She suggested referring
Ms. Lawson’s recommendations to the Town Attorney to see what particular
legislative permission might be needed to make Ms. Lawson’s proposals into
official Town rules.
Council Member Brown recalled that the Council
already had requested enabling legislation for one of these issues, and agreed
with Mayor Waldorf’s suggestion to refer it to the Attorney.
Mayor Waldorf stated that the Council would need
permission from the General Assembly to impose some of the rules on
themselves.
Ms. Lawson replied that this would be a local area
bill which would not be binding on any other municipality.
Council Member Foy said that he would like to know
from the Attorney what authority the Council has to impose these regulations
since it would be less than an ordinance.
Ms. Lawson added that the Lorax Environmental Club
of N.C. State University would be approaching the Raleigh City Council
regarding many of the same issues and would ask them to do the same
things. She stated that the Sierra Club
would be talking with the Carrboro Aldermen as well.
COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER
BROWN, TO REFER THE RECOMMENDATIONS TO THE ATTORNEY FOR GUIDANCE ON WHAT THE
PROCEDURAL OPTIONS ARE, WHAT THE COUNCIL MIGHT BE ABLE TO PURSUE ON ITS OWN,
AND WHAT THEY MIGHT NEED ENABLING LEGISLATION FOR. THE COUNCIL ASKED THAT THE ATTORNEY RETURN THIS INFORMATION BY
THE TIME OF THE PUBLIC HEARING ON LEGISLATIVE PROPOSALS IN FEBRUARY. THE MOTION WAS ADOPTED UNANIMOUSLY
(7-0).
Council Member Wiggins thanked Mayor pro tem
Capowski and Council Members Evans, McClintock and Brown for helping to plan
the highly successful Comprehensive Plan Symposium.
Mayor Waldorf agreed that these Council Members did
a wonderful job. Both Council Member
Wiggins and Mayor Waldorf said that they had received much positive feedback
from the community.
Council Member Brown asked if 4d could be deferred
until after the Council had discussed different bus sizes during the budget
process. Mr. Horton explained that this
item was to pay for buses that had already been ordered. Council Member Brown agreed to leave it on
the agenda.
Mayor Waldorf noted that item 4b is a petition from
her and Council Member Brown asking for a meeting with DOT representatives to
discuss improving the walkability at various intersections in Town. She requested the Council’s consent to add a
request for a crosswalk at mid-block on West Franklin Street.
Council Member Brown added a request for an all
traffic stop-light at Franklin and Columbia Streets.
Mayor pro tem Capowski added Columbia Street between
Mason Farm Road and Town Hall, for the safety of pedestrians and bicyclists and
maintenance.
Council Member Bateman stated that the State is
still refusing to install a traffic signal at N.C. 86 and Stateside Drive. She asked at what point a State road becomes
a State street when it is within Town limits.
Mr. Horton explained that it becomes a State street only if the Council
agrees to accept it for maintenance and the State agrees to give it to the
Council for maintenance.
COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER
BROWN, TO ADOPT THE CONSENT AGENDA, AS AMENDED. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).
(98-11-23/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. |
Resolution requesting joint meetings and liaisons between the Comprehensive Plan Work Group and Shaping Orange County’s Future Task Force. (R-2). (Mayor Waldorf). |
|
b. |
Resolution authorizing the Manager to arrange a
meeting between the Council and the N.C. Dept. of Transportation on items
related to State streets in Chapel Hill.
(R-3). (Mayor Waldorf and
Council Member Brown). |
|
c. |
Resolution authorizing the execution of an
amendment to the agreement with FGI, Inc. (R-4). |
|
d. |
Ordinance establishing project ordinance for
transit grant. (O-1). |
|
e. |
Resolution and ordinance authorizing acceptance of
Bureau of Justice Assistance Block Grant and a resolution establishing
appointments to the Law Enforcement Block Grant Advisory Board. (R-5).
(O-2). |
|
f. |
Resolution adopting an
inflation adjustment increase to the public access fee for cable television
customers in Chapel Hill. (R-6). |
|
g. |
Ordinance addressing Year 2000 readiness and
information technology upgrades for the Town. (O-3). |
|
h. |
Report on revision to the Town’s Disaster Recovery
Initiative Grant Application to Department of Housing and Urban Development
(HUD). (R-6.1) |
This the 23rd day
of November, 1998.
A RESOLUTION
ESTABLISHING JOINT MEETINGS AND LIAISONS BETWEEN THE SHAPING ORANGE COUNTY’S
FUTURE TASK FORCE AND THE COMPREHENSIVE PLAN WORK GROUP (98-11-23/R-2)
BE IT RESOLVED that the Council of the Town of
Chapel Hill requests that the Comprehensive Plan Work Group have two or more
joint meetings with Shaping Orange County’s Future Task Force with the timing
to be determined by the groups’ chairmen.
BE IT FURTHER RESOLVED that the Council designates
Jim Ward as Shaping Orange County’s Future Task Force liaison to the
Comprehensive Plan Work Group.
BE IT FURTHER RESOLVED that the Council requests the
Comprehensive Plan Work Group designate a liaison to the Shaping Orange
County’s Future Task Force.
This the 23rd day of November, 1998.
A RESOLUTION
AUTHORIZING THE MANAGER TO ARRANGE A MEETING BETWEEN THE CHAPEL HILL TOWN
COUNCIL AND N.C. DEPARTMENT OF TRANSPORTATION
(98-11-23/R-3)
WHEREAS, the Council is becoming increasingly aware
of the dangerous conditions for pedestrians and bikers on many of the State
streets in Chapel Hill, and;
WHEREAS, the Council would like to make our streets
as safe as possible for pedestrians and bikers;
NOW, THEREFORE, BE IT
RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes
the Manager to arrange a meeting between the Chapel Hill Town Council and N.C.
Department of Transportation officials to discuss the following issues:
·
Highway
54 from Fordham Boulevard to Friday Center Lane;
·
Raleigh
Road and Country Club;
·
Irwin
Road from 15/501 to Chapel Hill Town limits;
·
Franklin
Street from Estes Drive to 15/501
·
Weaver
Dairy Road;
·
safety,
walkability and bikeability on N.C. Department of Transportation-maintained
streets within Chapel Hill as well as proposed solutions to address these
issues;
·
crosswalk
at mid-block on West Franklin Street;
·
an
all traffic stop-light at Franklin Street and Columbia Street;
·
the
safety of pedestrians and bicyclists at and maintenance of Columbia Street
between Mason Farm Road and Town Hall; and
·
a
traffic signal at NC 86 and Stateside Drive.
This the 23rd day of November, 1998.
A RESOLUTION
AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE AGREEMENT WITH FGI, INC. FOR
THE LEASE OF UP TO 113 PARKING SPACES
(98-11-23/R-4)
WHEREAS, the Town owns and
operates Parking Lot #5 on Church Street which has both hourly and monthly
rental spaces available; and
WHEREAS, FGI is leasing 104
parking spaces in this lot and has requested that the Town amend the agreement
to add additional spaces for the use of employees of FGI; and
WHEREAS, the Town has
identified nine (9) additional spaces in Parking Lot #5 on Church Street which
could be made available as rental spaces to FGI; and
WHEREAS, the Town has
published a notice of its intent to increase the maximum number of spaces
leased to 113, and no comments have been made by the public;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to execute the following amendment to the agreement with FGI, dated May 1, 1997.
STATE OF NORTH CAROLINA AMENDMENT TO AN AGREEMENT
FOR LEASE OF
COUNTY OF ORANGE PARKING
SPACES
The agreement for the lease of parking spaces in the Town of Chapel Hill Parking Lot #5, dated May 1, 1997, by and between the Town of Chapel Hill, a North Carolina Municipal Corporation, (hereinafter referred to as "Town"), and FGI, a North Carolina Company (hereinafter referred to as "FGI"), is hereby amended as follows;
Paragraph 3.
DELETE – “The total number of spaces leased will be
104 spaces, except……”
INSERT IN LIEU – “The total number of spaces leased
will be 113 spaces, except……”
Except as amended herein the terms of said lease
shall remain as provided.
IN WITNESS WHEREOF, the Town and FGI have executed
this Agreement as of the date first written above.
TOWN OF CHAPEL HILL FGI,
INC.
________________________________ __________________________________
Town
Manager
Attest: __________________________ Attest:
____________________________
Approved as to Form and Authorization: __________________________________________
Town
Attorney
This agreement has been preaudited in accordance
with the Local Government Fiscal Control Act.
__________________________________________
Finance
Director
____________________________
Director of Transportation
This the 23rd day of November, 1998.
A RESOLUTION
AUTHORIZING THE ACCEPTANCE OF THE BUREAU OF JUSTICE ASSISTANCE LAW ENFORCEMENT
BLOCK GRANT, THE ESTABLISHMENT OF A BLOCK GRANT ADVISORY BOARD, AND THE
SCHEDULING OF A PUBLIC HEARING (98-11-23/R-5)
WHEREAS, the U.S. Department of Justice and the
Bureau of Justice Assistance have made funds available to enhance the quality
of law enforcement services provided to local communities; and
WHEREAS, the Town’s Law Enforcement Block Grant
application in the amount of $67,548 was approved by the Bureau of Justice
Assistance; and
WHEREAS, Police Captain Tony Oakley, Chief District
Court Judge Joe Buckner, Assistant District Attorney Jim Woodall, East Chapel
Hill High School principal Dave Thaden, and Chapel Hill-Carrboro Crimestoppers
board member Sandy Brownstein have agreed to serve as members of the advisory
board; and
WHEREAS, a public hearing on development of the
Town’s 1999-2000 budget is scheduled for January 27, 1999;
NOW, THEREFORE, BE IT RESOLVED by the Council of the
Town of Chapel Hill that the Council authorizes the Manager to accept the
Bureau of Justice Assistance Law Enforcement Block Grant and to make all
necessary assurances.
BE IT FURTHER RESOLVED that the Council authorizes
the establishment of a Block Grant Advisory Board to review and make
non-binding recommendations about the proposed expenditure of grant funds, and
appoints Police Captain Tony Oakley, Chief District Court Judge Joe Buckner,
Assistant District Attorney Jim Woodall, East Chapel Hill High School principal
Dave Thaden, and Chapel Hill-Carrboro Crimestoppers board member Sandy
Brownstein to the Board.
BE IT FURTHER RESOLVED that the Council schedule a
public hearing on the proposed use of the grant funds for Wednesday, January
27, 1999.
This the 23rd day of November, 1998.
A RESOLUTION ADOPTING AN INFLATION ADJUSTMENT TO THE PUBLIC ACCESS FEE
BILLED TO CABLE TELEVISION CUSTOMERS IN CHAPEL HILL (98-11-23/R-6)
WHEREAS, on October 26, 1998
the Council held a public forum on whether to increase the public access fee;
and
WHEREAS, comments received
at the public forum from the Chair of the Public Access Advisory Committee were
in favor of making an annual inflation adjustment; and
WHEREAS, the inflation
adjustment would not apply to Time Warner Cable of Durham customers who reside
in Chapel Hill; and
WHEREAS, a one cent increase
in the public access fee would generate about $1,400 in additional annual
funds;
NOW, THEREFORE, BE IT
RESOLVED by the Council of the Town of Chapel Hill that the Council hereby
increases the public access fee from 66 to 67 cents per month.
This the 23rd day
of November, 1998.
A RESOLUTION TO
REVISE THE SCHEDULE TO REVISE THE TOWN’S DISASTER RECOVERY INITIATIVE GRANT
APPLICATION (98-11-23/R-6.1)
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 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; and
WHEREAS, on November 9, 1998, the Council adopted a
process to amend the Town’s Disaster Recovery Initiative Grant including a
public hearing for November 23, 1998;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council adopts the following schedule to revise the Town’s Disaster Recovery Initiative Grant application:
·
Reschedule
a public hearing from November 23, 1998 to December 7, 1998 for citizens to
receive citizen comments on how to revise the budget; and
·
Return
to the Council on January 11, 1999 for final consideration of a revised
budget.
This the 23rd day of November, 1998.
Council Members Foy and Bateman removed 5c for
discussion.
Item 6a
Slayton Evans was appointed to the Community Design
Commission with 7 votes.
Item 6b
Linda Convissor was appointed to the Comprehensive
Plan Work Group with 5 votes
Louise Stone was appointed to the Comprehensive Plan
Work Group with 7 votes.
Traffic Engineer David Brown outlined the staff’s
response to concerns expressed by residents and Council Members regarding
safety at the N.C. 54/Hamilton Road Intersection. He reviewed suggestions for improving the intersection, but
stated that the staff had concluded that the area would require much more study
beyond normal traffic engineering guidelines.
Mr. Brown said that the staff suggests developing a work group to work
with the Transportation Board toward this end.
Council Member Evans, noting that Mr. Brown’s report
had mentioned only one citizen’s suggestions, pointed out that there were many
other ideas available. She remarked
that Boulder, Colorado, for example, has a safe resting area in the median
between two lanes of traffic. She asked
Mr. Brown if the plan is for citizens to propose their own ideas. Mr. Horton answered that there are
“literally dozens” of possibilities to try.
He added that the staff wants to work with a group led by the
Transportation Board and by citizens who live in that area. Mr. Horton said that a follow-up report
would reflect that input.
Council Members discussed the differences between
the electronic pedestrian count included in Mr. Brown’s written report and the
numbers of pedestrians that they personally had observed crossing the
intersection at various times of day.
Council Member Foy pointed out that the visual
evidence is that there is a lot of pedestrian traffic at certain times of the
day. He noted that the staff’s proposal
would help the Town take control of the intersection.
Mayor Waldorf added that she was in favor of the
proposal. She requested that the work
group include someone from the Highway Safety Research Center.
COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL
MEMBER EVANS, TO ADOPT RESOLUTION 7, AS AMENDED. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).
A RESOLUTION REQUESTING THAT THE TOWN TRANSPORTATION BOARD LEAD A CITIZEN WORK GROUP TO IDENTIFY AND EVALUATE OPTIONS FOR IMPROVING PEDESTRIAN ACCESS TO AND THROUGH THE N.C.54/HAMILTON ROAD INTERSECTION (98-11-23/R-7)
WHEREAS, the Chapel Hill Town Council is concerned
about pedestrian safety and access at and in the vicinity of the intersection
of N.C.54 and Hamilton Road; and
WHEREAS, the Council realizes that the issue
involves not only pedestrian crossings at this intersection, but also the
larger issues of neighborhood livability and reasonable mobility and access to
services for area residents.
NOW, THEREFORE, BE IT RESOLVED by the Council of the
Town of Chapel Hill that the Council requests the Town Transportation Board to
lead a citizen work group to identify and evaluate options for improving
pedestrian access to and through the N.C.54/Hamilton Road intersection, and
that the work group include a representative from the Highway Safety Research Center.
BE IT FURTHER RESOLVED that the Council requests an
interim progress report approximately three months after the group begins its
work, with a target date for completion of work and presentation of a final
report approximately six months after work begins.
BE IT FURTHER RESOLVED that the Manager is directed
to advertise the proposed work group, to solicit applications to serve on the
group, and to return applications to the Council for selection as quickly as
possible so the group can begin its work.
This the 23rd day of November, 1998.
Item 8 —
Request for Consideration of Proposal by Meadowmont Village Center
John Felton, Director of Community Design at
Kline-Davis Architects, spoke in behalf of York Properties. Mr. Felton reviewed how the Council had
rejected the previous proposal to provide 43,000 square feet of green space and
had voted to require 57,300 square feet of green space in the Village
Center. He displayed the previous plan
and the revised plan which showed an increase in open space. Mr. Felton indicated that the additional
square footage was obtained by relocating a parking bay to underneath the Class
A office building, and by removing a 4,500 square-foot building and absorbing
it inside other buildings at various locations.
Council Member Evans asked what the squares in the
area where the parking had been removed indicated. Mr. Felton replied that they might become several nice benches or
maybe a gazebo. He explained that the
goal is to create a focal point there and to frame the space.
Council Member Foy asked the staff if the square
footage had been verified and if it meets with the Council’s request. Mr. Waldon stated that the staff had not
measured it, but would do so when the applicant presents final plans.
Council Member Foy stated that he appreciated the
applicant’s work. He said that the
design had been improved and that this demonstrated that the Council and the
applicant could work together to improve the design of Meadowmont.
Council Member Wiggins stated that she appreciated
the applicant going along with the majority vote of the Council and working to
provide additional green space. She
added that she was pleased that the applicant had maintained the integrity of the
commercial area and had found additional green space without altering the
design of the project. Council Member
Wiggins stated that she was ready to support this new design and would state
that as a motion.
COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL
MEMBER EVANS, TO ACCEPT THE REVISION OF THE MEADOWMONT VILLAGE CENTER, WHICH
REFLECTS 57,300 ADDITIONAL SQUARE FEET OF GREEN SPACE.
Mayor pro tem Capowski remarked that he did not
understand the meaning of Council Member Wiggins’ motion and asked if the
motion would carry any weight. Mr. Horton
replied that the Council had been asked to give the Manager advice on whether
or not it believes that the proposal meets the requirements the Council imposed
on the application during the Special Use Permit review process. Mr. Horton noted that if the Council adopted
the motion as it has been put forward then he would use that as guidance when
reviewing the final plans. Mr. Horton
explained that he would hold the applicant to the proposal that they have put forward
tonight and would make sure that the final plan included the additional 57,300
square feet of green space.
THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).
Mayor Waldorf noted that she had put this on the
agenda.
Council Member Brown asked to enlarge the study to
include other kinds of fueling. Mayor
Waldorf replied that this was fine with her, but noted that the grant deadlines
are getting near.
Internal Services Superintendent Bill Terry
recommended taking on a modest program by introducing six alternatively fueled
vehicles into the fleet. He said that
he would give the first draft of a grant proposal to Mr. Horton in a couple of
weeks.
Mayor pro tem Capowski asked Mr. Terry if he was
proposing compressed natural gas or electric vehicles. Mr. Terry replied that he proposed having an
option, but he pointed out that electric vehicles cost about $40,000, compared
to gas burning vehicles which cost about $12,000.
Mr. Terry added that he is proposing that the State
contribute as well, because it is in the State’s interest to encourage the use
of electric vehicles. He said that the
Town might go with compressed natural gas in the small trucks, adding that
whether or not to subsidize electric vehicles would be up to the Council and
the Manager.
Mayor Waldorf suggested experimenting with those for
which they can get grant money.
Council Member Brown asked when the Council would be
able to request grant funding for both electric and solar electric
vehicles. Mr. Terry summarized what he
had said and noted that he was making an attempt in the original grant to
finance electric vehicles.
Mayor pro tem Capowski pointed out that Carrboro’s
request for a grant to convert two small cars to electric was rejected. He added that his personal request to
convert a vehicle was also rejected.
Mayor pro tem Capowski agreed that the Town should pursue this but
cautioned that there are advantages and disadvantages to these technologies.
Mayor Waldorf said that it was important to work
with Carrboro and the State and County because there will be cooperative
ventures, such as a fueling station, that they will be doing together.
COUNCIL MEMBER EVANS MOVED, SECONDED BY MAYOR PRO
TEM CAPOWSKI, TO ADOPT THE PROPOSAL TO STUDY ALTERNATIVELY FUELED
VEHICLES. THE MOTION WAS ADOPTED
UNANIMOUSLY (7-0).
Item 5c
Council Member Foy stated his concern that the post
office/courthouse building will languish if the Council does not decide what to
do with it. He suggested that the
Council become more active in initiating discussions about what is going to
happen to that building.
Mayor Waldorf asked when the courts would be
vacating the building. Mr. Horton
replied that most of it had moved or was moving.
Mayor Waldorf asked if all judiciary facilities
would be located in Hillsborough.
Council Member Foy replied that there are ongoing discussions about
keeping some judiciary facilities in Chapel Hill, but not in that
building.
Council Member Foy added that the Council might want
the building to be used as a courthouse and should make their wishes known.
Council Member Bateman asked Council Member Foy to
clarify what he wanted. He stated that
the Council should ask the Manager to become involved in discussions about
future uses of the building.
Mayor pro tem Capowski, noting that the building is
a Chapel Hill landmark, suggested that the Council think about investing Town
money in a major enhancement of the building in the future.
Council Member Evans added that the Town should
encourage the County to continue holding court services in the building because
it is in the center of the community.
Mr. Horton referred to the detailed space allocation
on page six of the staff report. He
noted that the Town must hire an engineer to assess the building so that it can
develop a proposal for major capital maintenance of the exterior and the
interior.
Council Member Brown said that the renovated
building should maintain its charming appearance, including the interior
murals, because it adds much, aesthetically, to the downtown area.
Mayor Waldorf agreed, pointing out that it is an
historical monument which she believes is on the national register.
COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER
EVANS, TO ASK THE MANAGER TO PROVIDE A REPORT ON REPAIRS NEEDED AND TO BECOME
INVOLVED IN DISCUSSIONS OF FUTURE USES OF THE POST OFFICE/COURTHOUSE
BUILDING. THE MOTION WAS ADOPTED
UNANIMOUSLY
(7-0).
The meeting was adjourned at 8:45 p.m.
The minutes of
November 23, 1998 were adopted on the 25th day of January, 1999.
__________________________________________
Joyce A. Smith, CMC