SUMMARY MINUTES OF A REGULAR BUSINESS MEETING
OF THE CHAPEL HILL TOWN COUNCIL
MONDAY, FEBRUARY 8, 1999, AT 7:00 P.M.
Mayor Rosemary Waldorf called the meeting to order at 7:00 p.m.
Council Members present were Flicka Bateman, Joyce Brown, Kevin Foy, Joe Capowski, Pat Evans, Julie McClintock, Lee Pavão, and Edith Wiggins. Staff members present were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Town Attorney Ralph Karpinos, Planning Director Roger Waldon, Public Works Director Bruce Heflin, Police Chief Ralph Pendergraph, Transportation Director Bob Godding, Parks and Recreation Director Kathryn Spatz and Town Clerk Joyce Smith.
Joyce Smith was sworn in as Town Clerk. Ms. Smith said that she intended to maintain the strong commitment to service that the Clerk’s office has had to the citizens of Chapel Hill, the Town Council and the Town staff.
Item 2—Public Hearings (None)
3a. Petitions by Citizens on Items not on the Agenda
(1) Rev. Manley, Pastor of the First Baptist Church in Chapel Hill
Rev. Manley thanked the Council for endeavoring to bring 40 units of low-income housing for the elderly to Chapel Hill under the 202 Housing Program of HUD. He noted that the Council had a written copy of the request for expedited processing, which explained that the process was highly competitive and that the HUD Greensboro Area Office needed documentation that the Special Use Permit process in Chapel Hill could be completed by March 30, 2000.
Mayor Waldorf explained that the Council always referred requests for expedited processing to the Manager, who reported back to the Council at a later date.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO RECEIVE AND REFER THE PETITION TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
(2) The Transportation Board Regarding Walk and Bikeway Capital Improvements
COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO RECEIVE AND REFER THE PETITION TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
(3) The Transportation Board Regarding the Implementation of Two Non-Capital Improvements to Promote Walking and Bicycling
COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO RECEIVE AND REFER THE PETITION TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
(4) James Coley
Mr. Coley said that there was no alternative to alternative transportation and then stated that the Triangle would not be able to absorb the increase in population if the Town continued operating under the assumption that the primary mode of transportation would be cars. He urged the Council to make future developments more walker friendly by emphasizing a greater commitment to the bicycle as a means of transportation.
Mr. Coley outlined his “Mile for Mile” proposal, which would require the Town to build a mile of paved bicycle path for every mile of new roads for automobiles. He distinguished between “bike lanes,” which were being added to new roads and “bike paths,” which were separate from roads and designed to provide a matching increase in safe transportation opportunity for cyclists.
Mayor Waldorf told Mr. Coley that the Council would take his views into account when they reached the Walks and Bikeways Commission agenda item. She asked if any of the Council Members wished to refer Mr. Coley’s “Mile for Mile” proposal.
COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO REFER THE “MILE FOR MILE” PROPOSAL TO THE MANAGER, TO THE WALKS AND BIKEWAYS COMMISSION, AND TO THE COMPREHENSIVE PLAN WORK GROUP. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
3b. Announcements by Council Members
(1) Removal of Brush, Christmas Trees, and Leaves at Curbside
Council Member Wiggins, noting that she recently had received phone calls concerning brush removal, asked for a staff report on how the Town had been addressing the problem.
Public Works Director Bruce Heflin, referring to a written memo that he had sent to the Council, explained that an increase in the amount of leaf collection this year had slowed the pace of collection. He stated that the Department expected to finish its third Town-wide collection early in March and would complete its fourth and last collection around mid-March.
Mr. Heflin explained that the Department had been unable to maintain its stated goal of maintaining a two week brush collection cycle throughout Town because the quantity of brush had been much higher this year, having increased dramatically over the last two years.
Mr. Heflin pointed out that personnel levels at the Department of Public Works had gone down while work volume had gone up. He said that two drivers and one collector recently were injured in accidents outside of work and that there had been Department-wide vacancies for several years. To compensate, Mr. Heflin explained, Public Works staff members have worked on Wednesdays and Saturdays, which normally were their days off. He added that he also had diverted resources from other programs within the Department.
Mr. Heflin said that he anticipated improvement over the next week or two because the injured employees should return, at least part-time, within a week to 10 days. He added that the vacancies might also be filled soon, and the Christmas tree collection had almost ended.
Council Member McClintock asked if additional annexes and more households in Town had spread the Department’s efforts thin. Mr. Heflin replied that the total number of houses had increased from about 8,300 to about 9,000 over the past ten years, and there also had been about a 30% increase in street mileage. He pointed out that there had been no simultaneous increase in resources to meet the increased need for leaf and brush collection.
Council Member McClintock urged the Council to look at this closely and to give the Public Works Department the resources it needed.
Mayor Waldorf noted that having improvements over the last ten years speaks well for Mr. Heflin’s management.
(2) Consultant’s Report on Nuclear Fuel Storage at the Shearon Harris Plant
Mayor Waldorf announced that the consultant on nuclear fuel storage would be making a report at the County Commissioners meeting on February 9th at 7:30 p.m. She suggested that one or more Council Members be there to hear it. Several Council Members expressed an interest in attending.
(3) NC Board of Transportation Meeting in Chapel Hill
Mayor Waldorf announced that the NC Board of Transportation had accepted the Council’s invitation to have one of their meetings in Chapel Hill. She said that the date for that meeting was May 6th or 7th and the Council would receive details at a later date.
Council Member Brown removed 4g.
Council Member McClintock removed 4h.
Mayor Waldorf suggested calling on citizens who had asked to speak.
4g. Council Policy Position Regarding Burma
Ruby Sinreich praised the Council for instituting a ban on companies that did business with Burma. Noting that a federal judge had said that the ban violated federal law, she argued that it was a citizen’s duty to disobey an unjust law in the name of justice. Ms. Sinreich reasoned that it was unlikely that Chapel Hill would be sued for keeping the ban, and implored the Council to stand firm until a lawsuit actually was filed. She pointed out that Chapel Hill really was not a major threat to multinational corporations.
4a. Consultant Study of Shearon-Harris
G. R. Quinn, a Sanford resident, commented that this agenda item did not state who the consultant was and what his or her credentials were. He asked if the NC Waste Reduction Network had proposed the consultant. Council Member Foy and Mayor Waldorf replied that Chatham and Orange Counties had arranged that.
Mr. Quinn stated that he was concerned about organizations such as NC WARN asking taxpayers to fund a consultant. He stated that NC WARN, in its literature, supported storage of radioactive waste at the Shearon Harris plant near Jordan Lake. He said that another organization at a recent Chatham County meeting commented that less power would mean less people moving in. Mr. Quinn stated that if the agenda was to prevent people from moving in then it was a disservice to the County, the State, and the Country as a whole.
4g. Council Policy Position Regarding Burma
Marnie Clark provided a handout which reported that the US State Department claimed that 60% of the heroine on US streets came from Burma. She stressed that rigged elections, massacres, forced labor, slave labor, and child labor were commonplace in Burma and that Burma sought foreign investments to launder drug money. Ms. Clark noted that no one had objected when the Town adopted a policy regarding South Africa. She added that this was similar because foreign investment in Burma was also helping to keep a government in power which committed atrocities against its people.
Tom Byrd read a statement claiming the US Supreme Court had upheld the power of a municipality to make its own decisions. He added that the Council’s rights were being threatened by those who wanted to see more trade with Burma. Concerning South Africa, Mr. Byrd said that every participating government played a role in the sanctions. He pointed out that if one link in this chain began to break, through intimidation, the entire chain would begin to come apart.
Mayor Waldorf thanked the speakers and pointed out that Item 4g had been pulled for discussion later on.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT THE CONSENT AGENDA WITH ITEMS G AND H REMOVED. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
(99-2-8/R-1)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the following minutes, resolutions and ordinances as submitted by the Town Manager in regard to the following:
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a. |
Ordinance allocating funds for participation in consultant’s study of proposed radioactive waste storage at Shearon Harris Nuclear Plant (O-1). |
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b. |
Ordinance amending the Library budget to account for two Library Service and Technology Act grants (O-2). |
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c. |
Ordinances amending the Classification and Pay Plan and the budget to accept a Community Policing Grant from the U.S. Department of Justice to pay for positions previously approved by the Council (O-3.1) (O-3.2). |
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d. |
Resolution and ordinance authorizing the acceptance of the 1998 Governor’s Crime Commission Grant for domestic violence and sexual assault prevention (R-2) (O-4). |
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e. |
Resolution accepting bids and awarding a contract for playground equipment for Northern Community Park (R-3). |
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f. |
Ordinance allocating funds to Parks and Recreation capital projects (O-5). |
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i. |
Resolution scheduling a meeting with the UNC-Chapel Hill Campus Planning Guidance Teams (R-4.2). |
This the 8th day of February, 1999.
AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1998 (99-2-8/O-1)
BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled “An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 1998” as duly adopted on June 8, 1998, be and the same is hereby amended as follows:
ARTICLE I
Current Revised
APPROPRIATIONS Budget Increase Decrease Budget
GENERAL FUND
Non-departmental
Contingency 44,19 5,000 39,190
Mayor/Council 173,476 5,000 178,476
This the 8th day of February, 1999.
AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1998” (99-2-8/O-2)
BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled “An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 1998” as duly adopted on June 8, 1998, be and the same is hereby amended as follows:
ARTICLE I
Current Revised
APPROPRIATIONS Budget Increase Decrease Budget
GENERAL FUND
Library 1,580,606 26,647 1,607,253
ARTICLE II
Current Revised
REVENUES Budget Increase Decrease Budget
GENERAL FUND
Grants 608,148 26,647 634,796
This the 8th day of February, 1999.
AN ORDINANCE AMENDING THE POSITION CLASSIFICATION AND PAY PLAN dated October 1, 1998 (99-2-8 /O-3.1)
BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
Section I
That the Council hereby amends the "Ordinance Establishing a Position Classification and Pay Plan and Longevity Plan for Employees of the Town of Chapel Hill and Bonds of Officials beginning October 1, 1998 (98-6-8/O-7) " as follows:
In Section IV, part C, in the Police Department, Patrol Division delete the line:
Full-time Part-time Grade No.
# hrs. # hrs.
Police Offr (levels I - IV) 74 40/42 - - 21-24
and add the line
Police Offr (levels I - IV) 77 40/42 1 20 21-24
This ordinance is effective January 1, 1999.
This the 8th day of February, 1999.
AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1998 (99-2-8/O-3.2)
BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled “An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 1998” as duly adopted on June 8, 1998 be and the same is hereby amended as follows:
ARTICLE I
Current Revised
APPROPRIATIONS Budget Increase Decrease Budget
GENERAL FUND
Police Department 7,195,085 195,802 7,390,887
ARTICLE II
Current Revised
REVENUES Budget Increase Decrease Budget
GENERAL FUND
Grants 634,796 165,802 800,598
Fund Balance 2,052,741 30,000 2,082,741
This the 8th day of February, 1999.
A RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE 1998 GOVERNOR’S CRIME COMMISSION GRANT FOR DOMESTIC VIOLENCE AND SEXUAL ASSAULT PREVENTION (99-2-8/R-2)
WHEREAS, the North Carolina Governor’s Crime Commission has made funds available to reduce domestic violence and sexual assault; and
WHEREAS, the Town’s grant application to the Crime Commission in the amount of $34,144 was approved; and
WHEREAS, the Town of Chapel Hill has consistently supported community measures to reduce occurrences of domestic violence and sexual assault;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to accept the Governor’s Crime Commission grant and make all necessary assurances.
This the 8th day of February, 1999.
AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1998 (99-2-8/O-4)
BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled “An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 1998” as duly adopted on June 8, 1998 be and the same is hereby amended as follows:
ARTICLE I
Current Revised
APPROPRIATIONS Budget Increase Decrease Budget
GENERAL FUND
Police Department 7,390,887 34,144 7,425,031
ARTICLE II
Current Revised
REVENUES Budget Increase Decrease Budget
GENERAL FUND
Grants 800,598 34,144 834,742
This the 8th day of February, 1999.
A RESOLUTION ACCEPTING AND AWARDING THE BID FOR THE PLAYGROUND EQUIPMENT FOR NORTHERN COMMUNITY PARK (99-2-8/R-3)
WHEREAS, The Town of Chapel Hill solicited formal bids by advertisement in The Chapel Hill News on November 15, 1998, and The Challenger Newspaper, Wilmington, N. C. on November 18, 1998, in accordance with G.S. 143-129 for the installation of playground equipment at Northern Community Park; and
WHEREAS, the following bids were received and opened December 16, 1998:
Cunningham & Associates
Charlotte, N. C. Lump Sum
Equipment & Structures 35,492.32
Lump Sum
In-Place Resilient Surface $22,425.00
($13/square foot)
Playground Environments, Inc.
Suwanee, Georgia Lump Sum Equipment & Structures $46,351.00
Lump Sum
In-Place Resilient Surface $19,578.75
($11.35/Per Sq. Ft.)
Total: $65,929.75
Carolina Recreational Products, Inc.
Greensboro, N. C. Lump Sum
Equipment & Structures $49,843.00
Lump Sum
In-Place Resilient Surface $24,150.00
($14.00/Per Sq. Ft.)
Total: $73,993.00
Cary, N. C. Lump Sum
Equipment & Structures $29,443.90
Lump Sum In-Place Resilient Surface $32,602.50
($18.90/square foot)
Total: $62,046.40
NOW, THEREFORE, BE IT RESOLVED, by the Council of the Town of Chapel Hill that the Town accepts the bid of Cunningham & Associates in the amount of $57,917.32 for the installation of playground equipment at Northern Community Park.
This the 8th day of February, 1999.
AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1998 (99-2-8/O-5)
BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled “An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 1998” as duly adopted on June 8, 1998 be and the same is hereby amended as follows:
ARTICLE I
Current Revised
APPROPRIATIONS Budget Increase Decrease Budget
CAPITAL
IMPOVEMENTS
FUND 1,511,720 43,796 1,555,516
ARTICLE II
Current Revised
REVENUES Budget Increase Decrease Budget
CAPITAL
IMPROVEMENTS
FUND 1,511,720 43,796 1,555,516
This the 8th day of February, 1999.
A RESOLUTION SCHEDULING A MEETING WITH THE UNC-CHAPEL HILL CAMPUS PLANNING GUIDANCE TEAMS (99-2-8/R-4.2)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby schedules a meeting to receive a report from the UNC-Chapel Hill Campus Planning Guidance Teams on Tuesday, February 23rd at 5:30 p.m. in the Town Hall Council Chamber.
This the 8th day of February, 1999.
5a. Second Quarter Report for the Town for 1998-1999
Accepted.
5b. Resubmittal of Report on Recruitment of Advisory Boards Applicants
Accepted.
6a. Appointment to Triangle J Council of Governments Smart Growth Committee
Mayor Waldorf directed Council Members to her memo regarding Triangle J Council of Governments “Smart Growth” Committee, and expressed interest in serving on that committee.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, THAT MAYOR WALDORF SERVE ON THE TRIANGLE J COUNCIL OF GOVERNMENTS’ “SMART GROWTH” COMMITTEE. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Mayor pro tem Capowski asked Mayor Waldorf to add “maintain high air and water quality” to the areas of interest on page four of the Smart Growth packet. Mayor Waldorf agreed.
6b. Appointment to Greenways Commission
Council Members agreed to delay appointment to the Greenways Commission, as the Commission had requested.
Town Manager Cal Horton recommended that the Council adopt Ordinance 6, amending the Town Code to create a ten-member Walks and Bikeways Commission to develop a system of bikeways and walkways designed to contribute to Town-wide mobility, encourage commuter cycling, and support recreational bike use throughout Town.
Chris van Hasselt, a Carrboro resident who was a member of the Bicycle Task Force, stated that he had no quarrel with membership being raised from seven to ten, but wanted to urge the Council to include people from Carrboro, Orange County and the University on the Commission.
Seth Elliott, owner of Peddlers Express, a local bicycle courier business, said that he disagreed with the often stated notion that Chapel Hill and Carrboro already were bicycle friendly. He argued that the two towns were merely “bicycle-tolerant,” noting that having lots of bicycles in Town did not make it bicycle friendly. Mr. Elliott urged the Council to vote for Ordinance 6, including the proposed amendment requested by Chris van Hasselt.
Andrew Pearson praised the Town’s efforts to create walkways and bikeways, adding that failing to plan ahead would permit more highways and subsequent fragmentation of the Town. He pointed out that the ordinance would augment this type of community where many people live and work in neighborhoods close to their homes. Mr. Pearson mentioned that people who ride bikes tend to spend their money in the community, and pointed out that Ordinance 6 would benefit children, senior citizens, low-income people, and students. He agreed that it was important to give Carrboro a voice on the Commission and expressed enthusiasm for being able to do more than just rally on weekends regarding this issue.
Council Member Evans proposed an amendment that one of the representatives be from Carrboro and one from Orange County.
Mayor Waldorf asked if the motion was for the Council or for the Carborro Aldermen and County Commissioners to make the appointments. Council Member Evans replied that the Council would make the appointments.
Council Member Foy suggested having two people from Carrboro and one from Orange County. Council Member Evans agreed.
Mayor pro tem Capowski stated that there should be someone from facilities management at the University as well because UNC was the primary bicycling target.
Council Member Evans asked if Mayor pro tem Capowski wished to proposed that as an addition. Mayor pro tem Capowski answered yes.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER FOY, TO ADOPT ORDINANCE 6, AS AMENDED, TO INCLUDE TWO COMMISSION MEMBERS FROM CARRBORO, ONE FROM ORANGE COUNTY AND ONE WHO WAS INVOLVED WITH FACILITIES MANAGEMENT AT THE UNIVERSITY. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
WHEREAS, the Council of the Town of Chapel Hill has considered the proposal to create the Walks and Bikeways Commission; and
WHEREAS, the Town of Chapel Hill has a Comprehensive Plan objective of developing and maintaining a system of bikeways designed to contribute to Town-wide mobility, encourage commuter cycling and support recreational bicycle use; and
WHEREAS, an additional Comprehensive Plan objective is to encourage pedestrian movement throughout the Town by providing a convenient and safe pedestrian system within neighborhoods and activity centers that link these uses to one another and support the entire transportation system;
NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
Section 1. A new Article XII is hereby added to Chapter 2 of the Town Code as follows:
“Article XII. WALKS AND BIKEWAYS COMMISSION.
Sec. 2-170. Created; named.
A walks and bikeways commission is hereby created for the Town of Chapel Hill.
Sec. 2-171. Membership, terms.
The walks and bikeways commission shall consist of ten (10) members appointed as hereinafter provided. The Town Council shall appoint two (2) representatives from the Town of Carrboro and one (1) representative from Orange County to be members of the commission. The University shall appoint one (1) representative from their bicycle management to be a member of the commission. The terms of office shall be three (3) years, or until their successors are appointed and qualified, except that the initial terms of members first appointed shall be as follows: three (3) members shall be appointed for a period of one (1) year, three (3) members shall be appointed for a period of two (2) years, and four (4) members shall be appointed for a period of three (3) years. Members may be reappointed to succeed themselves. The terms of all members shall expire on the 30th day of June following the end of the final year of their terms.
Sec. 2-172. Appointment, vacancies.
The members shall be appointed and vacancies filled as prescribed in Section 11.D-2 of the Council’s Procedures Manual.
Sec. 2-173. Meetings, chairperson.
The walks and bikeways commission shall regularly hold meetings at such time and places as it shall determine. It shall annually elect one (1) member to serve as chairperson and to preside over its meetings. The commission may create and fill such other offices and committees as it may deem necessary. All meetings of the commission shall be open to the public in accord with the Open Meetings Law of North Carolina, and reasonable notice of the time and place thereof shall be given to the public in accord with Chapter 143, Article 33C of the N.C. General Statutes. The commission shall keep a record of its meetings; including attendance of its members; its resolutions, findings, recommendations and actions. A quorum of the commission, necessary to take any official action, shall consist of five (5) members. The concurring vote of a simple majority of those members present shall be necessary to take any official action.
Sec. 2-174. Duties and powers.
The walks and bikeways commission shall have the following powers and duties:
a) Advise the Council regarding the creation, development, and revision of a phased Walks and Bikeways Master Plan.
b) Set priorities for new facilities or enhancement of existing routes in the Walks and Bikeways Master Plan.
c) Identify and prioritize critical gaps in facilities; advise which critical gaps require Town action.
d) Review project designs related to proposed bicycle and pedestrian improvements, including review of new proposals for subdivision or development of land or improvements to existing subdivisions and developments, and recommend qualitative enhancements, following criteria established by the commission.
e) Recommend walk and bikeway priorities for local, State, and federal, projects.
f) Assist in identifying alternative funding sources for walks and bikeways projects.
g) Review town ordinances with respect to pedestrian and bicycle requirements and recommend enhancements or changes.
h) Review State and regional policies pertaining to pedestrian and bicycle facilities and recommend changes that fit local community needs.
i) Report annually to the Council regarding walk and bikeway system needs and priorities for consideration during capital improvements program and budget deliberations.
j) Promote walking and biking as alternate modes of transportation, with emphasis on educating school age children on safe, effective bicycling and walking.
k) Advocate services for bike-commuters, such as showers, changing areas and secure bicycle parking facilities.
l) Work with regional organizations to coordinate regional bikeway linkages.
m) Work with other Town advisory boards to coordinate walks and bikeways planning.”
Section 2. That all ordinances and portions of ordinances in conflict herewith are hereby repealed.
This the 8th day of February 1999.
for Zoning Atlas Amendment and Special Use Permit
Mr. Horton requested that the Council adopt Resolution 5a because the staff had not had enough time to fully evaluate the application.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT RESOLUTION 5a. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION CONTINUING THE PUBLIC HEARING ON THE SOUTH COLUMBIA STREET TOWNHOMES APPLICATION FOR A ZONING ATLAS AMENDMENT (99-2-8/R-5a)
WHEREAS, the Town Council opened and continued public hearings on May 18, June 8, and June 22, 1998, and again on January 20, 1999, on an application for a Zoning Atlas Amendment related to the South Columbia Street Townhomes; and
WHEREAS, on January 20, 1999, the Council recessed and continued the public hearing until February 8, 1999; and
WHEREAS, the applicant has submitted a revised application on February 3, 1999; and
WHEREAS, the application submitted on February 3, 1999, has not been presented to the citizens in a Public Information Meeting, and has not been reviewed by the Town staff or the advisory boards;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council continues the Public Hearing, to be reconvened at 7:00 PM on April 19, 1999 in the Chapel Hill Town Council Chamber.
This the 8th day of February, 1999.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT RESOLUTION 5b. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION CONTINUING THE PUBLIC HEARING ON THE SOUTH COLUMBIA STREET TOWNHOMES APPLICATION FOR A SPECIAL USE PERMIT (99-2-8/R-5b)
WHEREAS, the Town Council opened and continued public hearings on May 18, June 8, and June 22, 1998, and again on January 20, 1999, on an application for a Special Use Permit related to the South Columbia Street Townhomes; and
WHEREAS, on June 22, 1998 the Council recessed and continued the public hearing until September 28, 1998, and again until January 20, 1999; and
WHEREAS, the applicant has submitted a revised application on February 3, 1999; and
WHEREAS, the application submitted on February 3, 1999, has not been presented to the citizens in a Public Information Meeting, and has not been reviewed by the Town staff or the advisory boards;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council continues the Public Hearing, to be reconvened at 7:00 PM on April 19, 1999, in the Chapel Hill Town Council Chamber.
This the 8th day of February, 1999.
Mayor pro tem Capowski referred to a letter from Scott Raday, of the John R. McAdams Company, in which Mr. Raday argued that it was the Southern Village developer’s obligation to “provide adequate and safe bicycle movement space in this roadway corridor.” He asked the Manager to bring back a report on what responsibility Southern Village had in the matter. Mr. Horton agreed to do that.
Item 9—Hundred Oaks Cluster Subdivision,
Planning Director Roger Waldon recommended that the Council approve Resolution 7a, explaining that the application was for a six-lot subdivision adjacent to the existing Hundred Oaks subdivision. Mr. Waldon said that the application first came to the Council on January 20th and the only new item for discussion now involved a pedestrian path from Hundred Oaks to Bennett Road, which the applicant had agreed to construct.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT RESOLUTION 7a.
Council Member McClintock asked whether the Town could provide additional support to Orange County Erosion Control Officer Warren Faircloth in his efforts to monitor all of the development projects in Chapel Hill. Mr. Horton replied that there already were staff engineers working with Mr. Faircloth to make sure that developers comply with Mr. Faircloth’s requirements. He stated that there was not much more the Town could do given its present staff.
Council Member McClintock stated that she felt reassured, but noted that the overworked Town staff had not in the past been able to provide much support for these projects.
Mayor Waldorf pointed out that the motion to adopt Resolution 7a had been made without first closing the public hearing.
COUNCIL MEMBER EVANS AND COUNCIL MEMBER PAVÃO WITHDREW THE MOTION.
Council Member Foy asked about the Council’s former suggestion to build a pedestrian walkway along Bennett Road. Mr. Waldon replied that the topography along that stretch was such that putting a sidewalk along there would do considerable damage. He noted that the staff had recommended against it.
Council Member Foy said that the last discussion had been about a path, not a sidewalk. Mr. Horton explained that the terrain was so steep that even putting in a path would require a significant cut in the embankment and would be detrimental to the environment in that area. He added that a sidewalk might be developed along the other side of the road in conjunction with the fire station.
Council Member McClintock asked if the developer would be willing to put some money aside toward eventually building a sidewalk across the street by the fire station. Developer John Hansen replied that a six-lot subdivision did not give rise to the need for a pedestrian sidewalk. Mr. Hansen added that he already had contributed to improvements for Hundred Oaks, Phase 1, and asked that his February 2, 1999, letter to Ms. Kendall Brown be included in the record along with its attachments. Mr. Hansen pointed out that he had sold the property for the fire station to the Town at market value, thus giving up the opportunity to make a profit on it. He stated that he was not interested in contributing more.
Council Member McClintock asked what had become of the inadequate recreation area issue.
Mayor Waldorf suggested that the staff discuss stipulations 5 & 6. Mr. Horton replied that the recreation area was slightly undersized and that stipulations required that the minimum size must be met.
Council Member McClintock asked about bus funds. Mr. Horton explained that those would be used when the bus line was in place.
COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO CLOSE THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT RESOLUTION 7a. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION APPROVING AN APPLICATION FOR A PRELIMINARY PLAT FOR HUNDRED OAKS CLUSTER SUBDIVISION, PHASE 2 (File No. 126-A-4H)
(99-2-8/R-7a)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Hundred Oaks Cluster Subdivision Phase 2, proposed by Mr. John Hansen, on the property identified as Chapel Hill Township Tax Map 126, Block A, Lot 4H, if developed according to the preliminary site plan dated December 18, 1998, and the conditions listed below, would comply with the provisions of the Development Ordinance and specifically with the following cluster development requirements from Subsection 17.8.2 of the Development Ordinance:
1. The tract proposed for cluster development is at least two (2) acres in size;
2. Public, separate water supply and sewerage connections are available for every subdivided lot;
3. The total number of lots proposed for the tract, excluding parcels of reserved recreation area, is not greater than the number determined by dividing the total gross land area by the minimum gross land area established in Section 13.11 for that zoning district;
4. The recreation area within the tract shall conform to the recreation area standards of Subsection 17.9 of this article; and
5. The minimum amount of land reserved as recreation area shall be the sum of all reductions in minimum gross land area as a result of the cluster form of development, combined with the minimum recreation area reservation required in Subsection 17.9.7.
BE IT FURTHER RESOLVED that the Council finds, in this particular case, that the active recreational needs of the subdivision are already being met by dedicated land or by existing recreation areas, and that passive recreational area is appropriate.
These findings are based on the following:
Stipulations Specific to the Development
1. Number of Buildable Lots: That this approval shall authorize the creation of 6 new buildable lots.
2. Recombination Plat: That as part of the Final Plat, the proposed lot line adjustments be recorded for the property lines for Lots 35, 36, and 37 so that Lots 36 and 37 are within Phase 2 of Hundred Oaks Subdivision, and Lot 35 is within Phase 1 of Hundred Oaks Subdivision.
3. Required Improvements:
A. That the internal roadway, Hayworth Drive extension, be constructed as a 27 foot wide cross-section back-of-curb to back-of-curb with a 5-foot sidewalk on one side, with a 50-foot right-of-way to be dedicated.
B. That half of a 53-foot right-of-way be dedicated along the Bennett Road frontage.
C. That half of a 135-foot right-of-way be dedicated along the highway frontage.
D. Prior to issuance of a Zoning Compliance Permit, the developer shall provide a plan for street signs, on-street parking, and pavement marking for approval by the Town Manager. The signs and pavement markings shall be installed by the applicant prior to issuance of a Certificate of Occupancy.
4. Steep Slopes: That a note be added to the final plat and final plans which states that:
· for lots with slopes greater than 10 percent, careful site preparation will be employed;
· for slopes over 15 percent, special house and foundation design will be used; and that overall;
· for slopes over 25 percent, the developer or owner shall provide a detailed site analysis, and the proposed building and site engineering techniques shall be reviewed for approval by the Town Manager; and
· development and construction shall be in accordance with steep slope regulations.
Stipulations Related to Recreation Area
5. Minimum Recreation Area: The minimum amount of land reserved as recreation area shall be the sum of all reductions in minimum gross land area as a result of the cluster form of development (as appropriate to the land use proposed), combined with the minimum recreation area reservation required in Subsection 17.9.7 of the Development Ordinance.
All the recreation area shall be deeded to the Homeowners’ Association.
6. Recreation Area Trail: That a private pedestrian trail be constructed across the proposed recreation area to link Hayworth Drive to Bennett Road.
7. Ownership of Recreation Area: All recreation area and common area shall be owned and maintained by the Homeowners’ Association.
Stipulations Related to State and Federal Government Approvals
8. State or Federal Approvals: That any required State or federal permits or encroachment agreements be approved and copies of the approved permits and agreements be submitted to the Town of Chapel Hill prior to the issuance of a Zoning Compliance Permit.
9. North Carolina Department of Transportation Approval: That plans for utility construction or other improvements within the rights-of-way of state-maintained roads be approved by North Carolina Department of Transportation prior to issuance of a Zoning Compliance Permit.
Stipulations Related to Landscape Elements
10. Landscape Protection Plan: That a Landscape Protection Plan, including off-site land to be disturbed for sewer line construction, be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The Plan must identify the proposed construction limit lines and location of tree protection fencing and/or flagging.
11. Landscape Buffers: That the 20-foot wide Type “C” landscape buffer along the Bennett Road frontage and the 30-foot wide Type “D” landscape buffer along the highway frontage shall be deeded to the Homeowners Association.
Miscellaneous Stipulations
12. Fire Flow: That a hydrant plan and a detailed fire flow report be prepared by a registered professional engineer, showing that flows meet the minimum requirements of the Design Manual, to be reviewed for approval by the Town Manager and the Northern Chatham County Fire Department prior to issuance of a Zoning Compliance Permit.
13. Water Lines: That the developer provide a looped fire hydrant system with two water sources, with the design to be reviewed for approval by the Town Manager and OWASA.
14. OWASA Easements: That easement documents as required by OWASA and the Town Manager be recorded concurrently with the final plat. The final plat shall be approved by OWASA prior to Town approval.
15. Utility Service Laterals: That prior to paving streets, utility service laterals, (including cable and telephone) be stubbed out to the front property lines of each lot. Sanitary sewer laterals shall be capped off above ground.
16. OWASA Approval: That a water and sewer extension plan be submitted for approval by OWASA and the Town Manager prior to issuance of a Zoning Compliance Permit.
17. Streetlighting Plan Approval: That a streetlighting plan be developed in cooperation with Duke Power Company and submitted to the Town for approval prior to issuance of a Zoning Compliance Permit.
18. Utility Plan Approval: That the final detailed utility/lighting plan be approved by the Orange Water and Sewer Authority, Duke Power Company, BellSouth, Public Service Company, Time Warner Cable, and the Town Manager, before issuance of a Zoning Compliance Permit. The property owner shall be responsible for assuring that these utilities, including cable television, are extended to serve the development.
19. Solid Waste Management: That, upon annexation, curbside collection maybe required for steep lots, and a note to this effect shall be placed on the final plat.
That a detailed solid waste management plan, including a recycling plan and a plan for managing and minimizing construction debris, be approved by the Town Manager and Orange Community Recycling prior to the issuance of a Zoning Compliance Permit.
20. Detailed Plans: That the final detailed site plan, grading plan, utility/lighting plan, landscape plan and landscape maintenance plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit, and that such plans conform to the plans approved by this application and demonstrate compliance with all applicable conditions and the design standards of the Development Ordinance and Design Manual.
21. Homeowners’ Association: That a Homeowners’ Association be created, or the Hundred Oaks Phase 1 Homeowners’ Association be expanded to include Phase 2 residents, that has the capacity to place a lien on the property of a member who does not pay the annual charges for maintenance of common areas, however designated. The Homeowners Association documents shall be approved by the Town Manager, recorded at the Orange County Register of Deeds Office and cross referenced on the final plat.
22. Certificates of Occupancy: That no Certificates of Occupancy be issued until all required public improvements are complete; and that a note to this effect shall be placed on the final plat.
If the Town Manager approves a phasing plan, no Certificates of Occupancy shall be issued for a phase until all required public improvements for that phase are complete; no Building Permits for any phase shall be issued until all public improvements required in previous phases are completed to a point adjacent to the new phase; and that a note to this effect shall be placed on the final plat.
23. Sight Triangle Easements: That sight triangle easements be provided on the final plat.
24. Traffic Signs: That the property owners shall be responsible for placement and maintenance of temporary regulatory traffic signs including street name signs before issuance of any Certificate of Occupancy, until such time that the street system is accepted for maintenance by the Town.
25. Stormwater Drainage Plan: That a detailed stormwater drainage plan be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit. All stormwater drainage easements must be at least 30 feet wide.
26. Street Name and Addresses: That the name of the development and its street and house numbers be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
27. Erosion Control: That a detailed soil erosion and sedimentation control plan, includling provisions for maintenance of facilities and modifications of the plan if necessary, be approved by the Orange County Erosion Control Officer and the Town Manager before issuance of a Zoning Compliance Permit.
28. Construction Sign: That the applicant post a construction sign that lists the property owner's representative, with a telephone number, the contractor's representative, with a phone number, and a telephone number for regulatory information at the time of issuance of a Zoning Compliance Permit.
29. Silt Control: That the applicant take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.
30. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
31. Non-severability: If any of the above conditions is held to be invalid, approval in its entirety shall be void.
BE IT FURTHER RESOLVED that the Town Council hereby approves the application for Preliminary Plat for Hundred Oaks Cluster Subdivision Phase 2 in accordance with the plans and conditions listed above.
This the 8th day of February, 1999.
Mr. Waldon directed the Council’s attention to an attachment listing the staff’s responses to the Council’s questions at the Jan 20th public hearing. He pointed out that the applicant also had prepared responses to some of those questions.
Mr. Horton recommended that the Council adopt Resolution 8a.
Council Member McClintock asked if a stipulation for bonding for a stormwater detention facility—which she said had a 90% failure rate—could be added. Mr. Horton replied that maintaining the facility would be the homeowners’ responsibility. He pointed out that there was the force of the Development Ordinance to apply against homeowners if they failed to comply with the stipulations.
Council Member McClintock asked why the Town would not be willing to consider a pond. Mr. Waldon remarked that the application was for a detention basin, not a pond.
Council Member Bateman asked what information the homeowners’ group had been given concerning guidelines for maintaining a pond. Mr. Waldon repeated that the facility was not a pond and explained that there were notes on the plats. He added that the Town also typically required a specific piece of information to be handed to homeowners, adding that he was not sure if the homeowner was required to pass that along to the buyer.
Council Member Bateman suggested that the Town require that.
Council Member McClintock agreed, adding that some homeowners might not be careful about going down to the courthouse and reading the Special Use Permit.
Eric B. Chupp, representing Kapkov Ventures, stated that anyone who bought a home in one of his firm’s subdivisions received a copy of the covenant and conditions that had been reviewed by the Town Attorney. He stressed that it was mentioned in that document not less than a half dozen times that stormwater facilities were to be maintained by the homeowners’ association. In addition, Mr. Chupp said, Kapkov Ventures reviewed those guidelines with the new board of directors when it turned the association over to the homeowners.
Council Member Evans asked if the applicant would be willing to provide a public easement even though it would not be used right now. Mr. Chupp replied “absolutely,” and encouraged the Council to petition Kapkov Ventures to allow for that.
Council Member Evans stated that the new Walks and Bikeways Commission might do so. Mr. Horton added that the petition had already been drafted.
Council Member Evans replied that she would read that into her motion.
Mayor pro tem Capowski, referring to a map supplied by Kapkov Ventures, asked if by voting to approve the Special Use Permit the Council would be approving the specific layout on that map, which he described as repetitive and boring. Mr. Waldon replied that he did not believe they would be approving the actual building footprints on the lots.
Mayor pro tem Capowski, quoting from Mr. Chupp’s letter that stated that the size and dimension of the homes as well as their position in relation to the street would vary, asked Mr. Chupp if that statement would be a condition of the Special Use Permit. Mr. Chupp replied that it could.
Council Member McClintock, noting the large number of driveways along the road, asked if the applicant would consider on-street parking, such as exists at Glen Lennox. Mr. Chupp replied that the development had been designed in accordance with the ordinance.
Mayor Waldorf pointed out that the public hearing on this Special Use Permit had not been closed.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO CLOSE THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
COUNCIL MEMBER EVANS MOVED TO ADOPT RESOLUTION 8a WITH THE ADDITION THAT A 10-FOOT WIDE PEDESTRIAN EASEMENT BE RECORDED AT THE SOUTHERN END OF CHARLESTON LANE STUBBING OUT TO THE SOUTHERNMOST PROPERTY LINE OF THIS DEVELOPMENT. SHE ADDED THAT “THE EASEMENT LOCATION SHALL BE APPROVED BY THE TOWN MANAGER AND SHALL NOT BE OPENED UNTIL SUCH TIME AS A PEDESTRIAN CONNECTION BE PROVIDED ONTO THE ADJACENT LAND TO THE SOUTH.” COUNCIL MEMBER PAVÃO SECONDED THE MOTION.
Mayor pro tem Capowski offered an amendment asking for a substantial variation in home sizes, dimensions, shapes and setbacks from the roads.
Council Member McClintock stated that she did not agree with the setbacks part.
Council Member Evans pointed out that having a diversity in sizes might prevent the developer from reaching its market niche. She asked, noting that the developer already had stated that there would be variety in the topography, if Mayor pro tem Capowski’s request really needed to be written in as a stipulation. Mayor pro tem Capowski replied that the reason for doing so was that the map showed 30 or more copies of exactly the same boring thing and he believed there should be a statement to counter that.
Mayor Waldorf suggested proposing a version that would delete substantial variation “in size.” Mayor pro tem Capowski agreed to that and restated his amendment deleting the word “size.”
Council Member Evans said that she still could not accept that as a friendly amendment because the issues still included would increase costs.
MAYOR PRO TEM CAPOWSKI PROPOSED A FORMAL AMENDMENT ASKING FOR A SUBSTANTIAL VARIATION IN HOME, DIMENSIONS, SHAPES AND SETBACKS FROM THE ROAD, SECONDED BY COUNCIL MEMBER MCCLINTOCK.
Mr. Chupp outlined the many other ways that variation would be provided in the development, noting that Pickard Oaks would not be a “Cary-type” project. He added that varying the setbacks was the only stipulation that he objected to because the developers were limited to a specific level of impervious surface when trying to maintain the high-density option.
Mayor pro tem Capowski proposed rewording his amendment to add: “that there be substantial variety in the footprint dimensions, shapes and setbacks from the road, still maintaining the low density impervious surface.” Council Member McClintock, the seconder, agreed to that amendment.
Council Member McClintock stated that she agreed with the motion except for the setback part, which she thought would make the development look odd.
Council Member Foy noted that Council Member McClintock had just praised Glen Lennox, which had a variety of setbacks. Council Member McClintock replied that it worked with driveways but would look odd without them.
Council Member Evans said that she opposed the motion because it was difficult to include this level of design in stipulations.
MAYOR PRO TEM CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER FOY, TO AMEND RESOLUTION 8a TO INCLUDE A STIPULATION THAT THERE BE SUBSTANTIAL VARIETY IN THE FOOTPRINT DIMENSIONS, SHAPES AND SETBACKS FROM THE ROAD, STILL MAINTAINING THE LOW DENSITY IMPERVIOUS SURFACE. THE AMENDMENT WAS ADOPTED (6-3), WITH COUNCIL MEMBERS BATEMAN, FOY, BROWN, MCCLINTOCK AND WIGGINS VOTING AYE AND MAYOR WALDORF AND COUNCIL MEMBERS EVANS AND PAVÃO VOTING NAY.
Council Member McClintock asked if it would be possible under the Special Use Permit to eliminate driveways if the developer chose to do that. Mr. Horton replied that the Town might then want to reconsider the street width. He suggested that the Council defer the vote if it wished to eliminate driveways, and give the staff an opportunity to reconsider. Mr. Chupp replied that his firm would not be able to market a product like that, adding that people deserved to have garages if they wanted them for security and to be in from the weather when they enter their home.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT RESOLUTION 8a, ADDING THAT A 10-FOOT WIDE PEDESTRIAN EASEMENT BE RECORDED AT THE SOUTHERN END OF CHARLESTON LANE, STUBBING OUT TO THE SOUTHERNMOST PROPERTY LINE OF THIS DEVELOPMENT. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT – PLANNED DEVELOPMENT-HOUSING FOR PICKARD OAKS (99-2-8/R-8a)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application for a Planned Development-Housing proposed by Capkov Ventures, Inc. on property identified as Chapel Hill Township Tax Map 27, Block D, Lots 4A, 5, 6 and 7, if developed according to the site plan dated May 27, 1998 (revised October 13, 1998) and conditions listed below, would:
1. Be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;
2. Comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Articles 12, 13, and 14, and with all other applicable regulations;
3. Be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property, or be a use or development that is a public necessity; and
4. Conform with the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.
BE IT FURTHER RESOLVED that the Council finds, in this particular case, that the following modifications to the regulations satisfy public purposes to an equivalent or greater degree:
1. Modification of Subsection 18.8.6.4 of the Development Ordinance to allow a 25-foot setback for an existing structure on Old Durham-Chapel Hill Road.
2. Modification of Subsection 14.12.6 of the Development Ordinance to allow a 25-foot landscape bufferyard in the location of an existing structure on Old Durham-Chapel Hill Road.
Said public purposes being that an existing, occupied residential structure is located approximately 25 feet from the new right-of-way line along Old Durham-Chapel Hill Road.
BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit - Planned Development-Housing for Pickard Oaks in accordance with the plans listed above and with the conditions listed below:
Stipulations Specific to the Development
1. That construction begin by February 8, 2001 (two years from the date of Council approval) and be completed by February 8, 2002 (three years from the date of Council approval).
2. Land Use Intensity: This Special Use Permit – Planned Development-Housing authorizes the creation of 32 two-family lots and one single-family lot, for a total of 65 residential units with 130 parking spaces.
3. Roadway Improvements:
A. Old Durham-Chapel Hill Road Right-of-Way: That one-half of a 90-foot public right-of-way shall be dedicated along the property’s Old Durham-Chapel Hill Road frontage prior to the issuance of a Zoning Compliance Permit; and that the North Carolina Department of Transportation and the Town Manager shall approve the location of this right-of-way.
B. Old Durham-Chapel Hill Road Improvements: That Old Durham-Chapel Hill Road shall be improved to include a westbound left-turn lane, and five-foot wide striped bicycle lane and five-foot wide sidewalk along the property’s road frontage.
4. Access of Old Durham-Chapel Hill Road: That no vehicular access from Old Durham-Chapel Hill Road shall be permitted to the existing residential structure on the site.
5. NCDOT Approvals: That any required North Carolina Department of Transportation permits or encroachment agreements be approved, and copies of the approved permits and agreements be submitted to the Town, prior to the issuance of a Zoning Compliance Permit.
6. Internal Streets:
A. Bluefield Road: That Bluefield Road shall be located within a 50-foot public right-of-way, and constructed as a 27-foot back-of-curb to back-of-curb cross-section, with sidewalk locations as indicated on the approved plans. The width of the road may be reduced to 25 feet back-of-curb to back-of-curb within the existing public right-of-way near Standish Drive.
B. Charleston Lane: That Charleston Lane shall be located within a 50-foot public right-of-way, and constructed as a 27-foot back-of-curb to back-of-curb cross-section, with sidewalk locations as indicated on the approved plans.
Stipulations Related to the Watershed Protection District
7. Low-Density Option: That the development shall comply with the low-density option of the Town’s Watershed Protection District regulations by not exceeding 24 percent impervious surface at all times.
8. Cumulative Total of Impervious Surface: That an up-to-date cumulative total of impervious surfaces on the site shall be provided to the Town as part of every application for Zoning Compliance Permit, Final Plat Approval and Building Permit, to ensure the development’s compliance with the 24 percent impervious surface limitation.
Stipulations Related to Landscape Elements
9. Landscape Plan Approval: That a detailed Landscape Plan and Landscape Maintenance Plan and shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
10. Landscape Protection Plan: That a detailed Landscape Protection Plan shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
11. Landscape Bufferyards: That the following landscape bufferyards shall be provided, and that if any existing vegetation is to be used to satisfy the buffer requirements, the vegetation shall be protected by fencing from adjacent construction:
¨ Type B landscape bufferyard (minimum width 10 feet) along each of the perimeter lot lines of the development, excluding the Old Durham-Chapel Hill Road frontage; and
¨ Type D landscape bufferyard (minimum width 30 feet) along the site’s Old Durham-Chapel Hill Road frontage.
12. Grading Plan: That the final plans provide additional information about grading in the area across from lot #22, and that grading in this area be designed to minimize disruption to the root zones of the adjacent large oak trees.
Stipulations Related to Utilities
13. Utility/Lighting Plan Approval: That the final utility/lighting plan be approved by Orange Water and Sewer Authority, Duke Power Company, Public Service Company, Time Warner Cable, the local telephone company and the Town Manager before issuance of a Zoning Compliance Permit.
14. Fire Flow: That a fire flow report prepared by a registered professional engineer, showing that flows meet the minimum requirements of the Design Manual, be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
15. Streetlighting Plan Approval: That a streetlighting plan be developed in cooperation with Duke Power Company and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
Stipulations Related to Recreation Space
16. Water Line to Community Gardens: That a water line be extended to the community gardens and made available for use by residents using the gardens.
17. Path: That a pedestrian path be provided to each of the recreation amenities in the development. If impervious surface limits allow, the path shall be paved for handicap accessibility. If impervious surface limits do not allow construction of a paved path, a level, pervious path shall be provided.
18. Barn: That a structural engineer’s report be provided, which ensures the barn’s stability. This report shall be found to be satisfactory by the Town Manager prior to issuance of a Zoning Compliance Permit. The barn shall be secured in a manner that would protect children living in the neighborhood.
19. Volleyball Court: That the volleyball court shall be a regulation sand court which meets professional standards.
20. Benches: That at least two benches shall be provided adjacent to the volleyball court and community gardens.
Stipulations Related to Homeowners’ Association
21. Homeowners’ Association: That a Homeowners’ Association be created that has the capacity to place a lien on the property of a member who does not pay the annual charges for maintenance of common areas, however designated. The Homeowners’ Association documents shall be approved by the Town Manager, recorded at the Orange County Register of Deeds Office and cross referenced on the final plat.
22. Stormwater Detention Facility: That the stormwater detention facility shall be owned and maintained by the Homeowners’ Association.
23. Ownership of Recreation Area: That all recreation and common areas, including landscape bufferyards, shall be owned and maintained by the Homeowners Association.
24. Stormwater Management Plan: That a Stormwater Management Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. Based on a 10-year storm, the post-development stormwater run-off rate should not exceed the pre-development rate. The Plan must show where and how stormwater detention for this site will be achieved.
25. Refuse Collection: That a note be included on the final plans and recorded on the final plat indicating that the Town may require that refuse be placed in Town standard roll carts that are brought to the curb for collection.
26. Detailed Plans: That the final detailed site plan, grading plan, utility/lighting plans, stormwater management plan (with hydraulic calculations), and landscape plans shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit, and that such plans shall conform to the plans approved by this application and demonstrate compliance with all applicable conditions and design standards of the Development Ordinance and Design Manual.
27. Erosion Control: That a soil erosion and sedimentation control plan, including provisions for maintenance of facilities and modifications of the plan if necessary, be approved by the Orange County Erosion Control Officer, and that a copy of the approval be provided to the Town Manager prior to issuance of a Zoning Compliance Permit.
28. Silt Control: That the applicant take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.
29. Pedestrian Easement: That a 10-foot wide pedestrian easement shall be recorded at the southern end of Charleston Lane, stubbing out to the southern-most property line of this development. The easement location shall be approved by the Town Manager, and shall not be opened until such time as a pedestrian connection is provided on the adjacent land to the south.
30. Variety of Construction: That there be substantial variety in the home footprint, dimensions, shapes and setbacks from the road, still maintaining the low density impervious surface ratio.
31. Construction Sign Required: That the applicant post a construction sign that lists the property owner’s representative, with a telephone number; the contractor’s representative, with a telephone number; and a telephone number for regulatory information at the time of issuance of a Zoning Compliance Permit.
32. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
33. Non-severability: That if any of the above conditions is held to be invalid, approval in its entirety shall be void.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the application for a Special Use Permit – Planned Development-Housing for Pickard Oaks.
This the 8th day of February, 1999.
Mayor Waldorf said that she was pleased the developer thought it could sell these homes at $150,000-180,000, and she hoped that they would do so.
Council Member Bateman explained that the Working Committee had defined “at-risk” youth as: adolescents who were potentially at risk with the legal system; adolescents who had a high potential for dropping out of school without any subsequent vocational training; and/or, adolescents who had inadequate support systems, such as families and schools. She presented a written report and summarized the Committee’s findings: a lack of facilities, such as gyms, pools, playing fields, and indoor, air-conditioned activity areas, restricted size and number of youth programs and summer day camps needed to meet program demands. Council Member Bateman said that there also was a lack of transportation, mentors and staff for this population.
Council Member Bateman reported that current marketing methods did not reach at-risk youth. She added that these teens needed life skills training, increased job opportunities, and more Latino and adolescent female programs. Council Member Bateman commented that teens required meeting places that were designated for their use only and pointed out that most recreation facilities in Town were for multi-purpose use.
Council Member Bateman outlined the Committee’s recommendation: 1) to meet with School Boards to re-address the Facility Use relationship within three months to provide expanded use of school facilities; 2) to include expansion of the number of summer day camps and youth programs in the 1999/00 budget; 3) to investigate financing mechanisms that would ensure the construction of facilities for youth programs; and, 4) to approach appropriate UNC departments, such as Leisure Studies, Social Services, Psychology, Athletics, and Employee Relations, to explore the sharing of programs and facilities to serve at-risk youth.
Council Member Bateman reported that the Committee’s recommendation to the Town staff was to ask churches, apartment complexes, and other private-sector facility owners to provide facilities for youth recreation programs, especially teen-designated spaces. She said that the Committee also recommended a coordinated Agency Transportation System with Orange County and noted that the State had made school buses more available.
Council Member Bateman noted that the Committee’s written report called for more involvement by trained professionals, increased inter-agency cooperation, and wider community involvement by agencies and individuals in addressing the needs of at-risk youth. Acknowledging that the Committee did not think that these recommendations alone would serve the vast number of needs, she pointed out that recreation could offer teens an opportunity to develop wholesome relationships and to build self-esteem.
Council Member McClintock pointed out that this was a Chapel Hill/Carrboro/Orange County committee and noted the difficulty of pulling these three bodies together to implement recommendations. She suggested referring the report to the Manager with a request that he divide his recommendations into categories, such as those involving programmatic changes, those involving funds, and those involving working with other Boards.
Mayor Waldorf agreed with both of Council Member McClintock’s points and suggested asking the Manager to also address how the Committee’s recommendations could be implemented and coordinated in a cost-sharing manner. She stated that schools had enormous capital resources and pointed out that there was no representative from the school system on the Committee.
Council Member McClintock added that once the Committee clearly defined its goals it could approach the School Board.
Council Member Bateman stressed the importance of moving expeditiously, and reminded the Council that it had voted to defer the Parks and Recreation Department’s request to meet with the School Board until the at-risk youth report had been completed.
Council Member Bateman, noting that the Manager could not “drop everything” to handle the Council’s request, urged the Council to pursue this on their own. She suggested that a representative from the Council, from the County Commissioners, and from the Carrboro Aldermen meet with the Chair and Vice Chair of the School Board.
Mayor Waldorf proposed first referring the report to the Manager and then figuring out how to approach the School Board.
Council Members Evans and Bateman remarked that the Town was fortunate to have resources in place to institute these programs.
Council Member Bateman pointed out, though, that the Town was not letting at-risk teens know that these resources exist.
Council Member Evans suggested that the Committee work with both Town and County School Boards.
Council Member Bateman proposed letting the Orange County Commissioners approach the County School Board because it would be a great enough accomplishment if Chapel Hill could work this out within its own system.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER FOY, TO REFER THE REPORT ON “AT-RISK” YOUTH TO THE MANAGER FOR COMMENT. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Mr. Horton explained that the Council had been petitioned by the Chapel Hill Public Library Foundation to transfer funds from the Cornelia Spencer Love Trust to the Library Foundation. He said that the Town had evaluated the pros and cons of this proposal and had found much to commend it.
Library Director Kathy Thompson explained that former Library Board Member Cornelia Spencer Love left about $600,000 in trust in 1985 for the Chapel Hill Public Library under the management of Mr. William Stewart. She added that the value of the Trust was now $1.9 million. Ms. Thompson explained that Mr. Stewart intended to retire as trustee and had indicated an interest in turning the Trust’s assets over to the newly formed Chapel Hill Public Library Foundation.
Ms. Thompson explained that Mr. Stewart intended to pay the assets to either a bank, the Town, or the Library Foundation, if he obtained court permission to do so. Summarizing the staff report, she said that either a bank or the Foundation could potentially add more annual interest than the Town due to their greater flexibility in managing funds under North Carolina law. Ms. Thompson siad that a bank would not have the flexibility to negotiate nor be as sensitive to the Town’s priorities for library service as the Foundation would be. She mentioned that a bank might also be less responsive to requests by the Town, especially if those requests required liquidation of principal.
Ms. Thompson read a list of issues that would need to be negotiated to protect the Town if the Council were to approve the transfer of funds to the Foundation. She said that the Library Board had reviewed this information and had recommended that the Town support transferring assets to either a bank or the Foundation, with a higher priority given to the Foundation if all the conditions set forth by the Town Attorney and the Town were met. Ms. Thompson said that Resolution 9 would authorize the Manager to negotiate an agreement with the Foundation to transfer the Love Trust funds to the Foundation with the terms of the final agreement to be presented back to the Council for consideration.
Council Member McClintock, noting that there were three choices—a bank, the Foundation, and the Town, commented that a bank might be safer because of the inherent checks and balances. She asked if the Town would be able to do a financial audit of the Foundation. Ms. Thompson replied that such conditions could be negotiated with the Foundation.
Council Member Foy, referring to the final “whereas...,” asked if the audit would be annual. Mr. Horton said that it would be.
Mayor pro tem Capowski asked who at the Foundation would make the investment decisions. Mr. Horton replied that the Foundation would employ financial consultants to manage those decisions.
Mayor pro tem Capowski stated that he found it peculiar that new Foundation members were appointed by the Foundation with no process in place to enable new people to circulate through the Foundation. He asked what were the advantages of that. Bob Woodruff, Foundation president, replied that he was not sure whether the charter limited the number of terms a person could serve. He explained that Board members serve three years, adding that there might be a provision that a person cannot serve more than two terms. Mr. Woodruff pointed out that the objective of the Foundation was to serve the Library. He added that the Board might keep a member on longer if it believed that would benefit the Foundation’s goal.
Mayor pro tem Capowski asked if there were any parallels in Town government. Mr. Horton said that he did not believe so. Mr. Woodruff replied that he thought the School Board was self-perpetuating.
Council Member Foy asked the Manager if there was an agreement that the Foundation would not transfer Trust funds to another Foundation without coming back to the Town for redistribution. Mr. Horton said that was correct.
Mr. Woodruff pointed out that the ultimate distribution of the Love Trust funds was in the hands of Bill Stewart. He said that the Foundation was asking the Town to recommend that the Foundation be the recipient. Mr. Woodruff pointed out that Mr. Stewart would be involved in deciding the terms of the transfer.
Council Member McClintock asked what recourse the Town would have if, for example, the audit did not look good. Mr. Horton replied that the Foundation would have a fiduciary responsibility and could be attacked in court, if necessary. Mr. Woodruff agreed, explaining that the Library would have a cause of action if the Foundation did not use the funds in an appropriate manner. He added that the Foundation saw no change as far as the Town’s ability to receive funds from the Trust. Mr. Woodruff said that the Foundation would continue to comply with Ms. Love’s intentions.
Council Member Brown asked Mr. Woodruff how many Foundation members were on the Library Board. Mr. Woodruff replied that the Foundation required two Library Board members and two members of the Friends of the Library.
Mayor Waldorf noted that the Foundation’s principal activity was to raise money for the Library. She added that she imagined they would hire highly competent people to manage the Love Trust and would spend little time managing it themselves.
Mr. Woodruff said that the Foundation’s Finance Committee had interviewed money managers and had decided who they would hire if they received the funds. He remarked that the Triangle Community Foundation was one such money manager, adding that the Foundation would spread the funds among many.
Council Member Pavão reminded the Council that the Foundation was formed because the Library Board of Trustees recommended it and the Council had approved it. He added that the only two members who had a continuing interest in this were the two members of the Library Board of Trustees.
Council Member Wiggins pointed out that the Council believed the Foundation was good for the Library when they helped bring it into being. She suggested that now that the Foundation was going to get more than $1 million, the Council was scrutinizing it more. Council Member Wiggins expressed confidence that the Foundation would continue to do what it had been doing, but with more money.
Mr. Woodruff stated that if the Council had concerns about the operation of the Foundation it should look at the list of Board Members and be assured that it would operate in the best interest of the Library.
Mayor Waldorf stated that the Town was lucky that the Foundation was willing to take on the responsibility. She pointed out that the Trust did not belong to anyone but existed solely for the benefit of the Library.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER FOY, TO ADOPT RESOLUTION 9. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION AUTHORIZING THE MANAGER TO NEGOTIATE FOR THE COUNCIL'S CONSIDERATION, A PROPOSED AGREEMENT WITH THE CHAPEL HILL PUBLIC LIBRARY FOR TRANSFER OF THE LOVE TRUSTS FUNDS TO THE FOUNDATION (99-2-8/R-9)
WHEREAS, the Cornelia Spencer Love Trust was established to provide for the needs of the Chapel Hill Public Library; and
WHEREAS, the Chapel Hill Public Library Foundation was established in 1996 for the sole purpose of supporting library activities; and
WHEREAS, the retiring Love trustee wishes to transfer future management of the Love trust to the Chapel Hill Public Library Foundation; and
WHEREAS, selection of a trustee other than a bank would require a petition to the Court to transfer management of the Trust to the Chapel Hill Public Library Foundation; and
WHEREAS, the Town wishes to support such an action if the Chapel Hill Public Library Foundation is willing to agree to the following terms to insure protection of the interest of the Town:
· A requirement that the Foundation operate under the General Assembly’s Uniform Management of Institutional Funds Act, Chapter 36B of the N. C. General Statutes, specifically as it relates to transferred funds.
· Continuation of quarterly transfers of the interest money earned by the Cornelia Spencer Love funds.
· A mutually agreed to method of distributing principal for library purposes.
· Return of assets to the Town should the Foundation cease to exist.
· Annual reporting to the Town as to its Love Fund activities, including but not limited to a description of investment policies and procedures, assets held in the Love Trust, the costs of those assets and the current market values.
· An agreement that fees for investment management not exceed those typically charged by a bank trustee (or some lessor amount).
· A copy of audited financial statements of the Library Foundation, plus reports filed with the IRS and the Office of the North Carolina Attorney General.
· Annual proof of insurance adequate to cover potential losses.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Manager to negotiate a proposed agreement with the Chapel Hill Public Library Foundation for transfer of the Love Trust Funds to the Foundation, such agreement to be presented to the Council for its consideration.
This the 8th day of February, 1999.
Mr. Horton asked that it be noted that Mr. Stewart had done a superb job managing this Fund, which had helped make it possible to build the new Library and to add to the collection. He suggested drafting a resolution of thanks to Mr. Stewart and bringing it back to the Council with his follow-up report. Council Members agreed that this was an excellent idea.
on Potential Legislative Requests in 1999
Town Attorney Ralph Karpinos explained that Resolution 10 presented an opportunity for the Council to set the parameters of a February 22nd public hearing to consider potential legislative items for this year’s long session of the NC General Assembly. He stated that there would be an opportunity after the public hearing to adopt a legislative agenda for the year. Mr. Karpinos said that the Town’s legislative delegation expected the Council to conduct a public hearing prior to the February one so that it could discuss matters on which it sought local legislation.
Mr. Karpinos said that he had tried in his memo to identify all of the issues that had been mentioned at the public forum by Council Members, or in other contexts that could be potential legislative items. He noted that the Council had the opportunity to adjust that list as it sees fit for purposes of holding the February 22nd public hearing.
Council Member Brown added a request that the Council endorse a proposal by the Carolina Recycling Association which asked that the General Assembly convene a legislative study committee to develop a plan for the State to develop its 40% waste reduction goal. She said that the Landfill Owners’ Group had endorsed the proposal and that she too thought it was fairly straightforward. She asked that the Council agree to add the Recycling Association’s proposal to the list of potential legislative requests as #12.
Council Member Evans asked if a bottle and can bill was included in the Recycling Association’s agenda. Council Member Brown replied that the proposal was only a request to establish a study commission. She said that once the commission was established a bottle and can bill could be added.
Mayor Waldorf suggested another addition to the legislative agenda list: that the Council discuss, consider, and hear from the public on new revenue sources for transportation funding.
Council Member Brown proposed using the Transit 2001 Commission’s recommendations and adding to that as well.
Mayor Waldorf agreed.
Council Member Foy asked Mayor Waldorf is she would revise that request to include addressing the funding sources category because he thought the Town needed to ask the State for assistance with purchasing open space and assistance with libraries throughout the State, not just Chapel Hill and Orange County. Mayor Waldorf stated that the Town did receive some library funding. Mr. Horton replied that it was minimal, and added that the Town had not been fairly treated in comparison to counties. He also said that Council Member Foy was correct in noting that State funding of libraries was not as strong as it was in other communities.
Council Member Foy restated his wish to see that issue percolate to the top, but added that it could be a separate item which would not dilute the transportation issue.
Council Member Foy proposed that the Council “recommend to the General Assembly the establishment of a study commission to identify potential State-wide regulations that require municipalities to implement measures that include urban growth boundaries, open space and farmland preservation, and comprehensive plans.”
Council Member Evans questioned the use of the word “require,” stating that the legislature did not like to mandate that everyone do something. She suggested that the legislature might be more agreeable if State funding were used as an incentive to encourage people to do urban growth boundaries.
Council Member McClintock supported the use of the word “require,” noting that incentives had not worked well in other places, such as Maryland.
Council Member Brown also supported that language, adding that if the Town wanted something it should ask for it.
Mayor Waldorf agreed.
Council Member Wiggins, pointing out that Council Member Evans had brought the issue forward in the first place, expressed relief that the Council was in accord.
Mayor pro tem Capowski proposed adding “discussing with our legislators an adequate public facilities ordinance aimed at three concurrancies: school capacity, road capacity, and utility capacity” to the legislative list.
Mayor Waldorf requested that the Council be very clear about its objectives if it intended to keep “authority to enact inclusionary zoning” on the list and to ask the Attorney to draft something that someone could fight for in Raleigh.
Council Member Brown suggested that the Mayor write a letter requesting that the Chapel Hill/Carrboro Chamber of Commerce express in writing its support for “the granting of special enabling legislation for inclusionary zoning for the General Assembly for the Town,” and send that to the Council before its February 26th breakfast meeting.
Mayor Waldorf reiterated that the Council needed to say exactly what it wanted the Chamber to support and exactly what it wanted the Legislature to do, arguing that the term “inclusionary zoning” was not clear.
Council Member Brown asked the Attorney what exactly had been asked for when the request for inclusionary zoning went to the General Assembly before. Mr. Karpinos replied that the bill stated that the Town could by ordinance require that a certain percentage of a development proposal meet some specified standard in terms of being affordable—that is, come in at a market price at some level below the immediate market value. He pointed out that the bill did not specify who could buy it or what it could be sold for; it required only that it be available and built at that price.
Council Member Brown asked Mr. Karpinos if everyone would understand what “inclusionary zoning” meant if it were brought forward again. Mr. Karpinos replied that someone might question whether it would accomplish the intended goal, but it certainly could be brought forward.
Mayor Waldorf cautioned the Council that even if it received the State’s permission to require that houses of a certain size be built, it still might not achieve the objective of keeping those houses affordable over time.
Council Member McClintock stated that she had seen inclusionary zoning in upscale neighborhoods where small apartments were clustered together to look like the larger homes.
COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER FOY, TO ADOPT RESOLUTION 10, AS AMENDED. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION SETTING THE SCOPE OF A PUBLIC HEARING ON POTENTIAL LEGISLATIVE REQUESTS IN 1999 (99-2-8/R-10)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby calls a public hearing for February 22, 1999 on potential legislative requests and requests citizens’ comments at that hearing on the following potential legislative requests in 1999:
1. Authority to require disclosure of names of all contributors to local election campaigns.
2. Authority to limit the amount that can be contributed by a person to a local election campaign.
3. Authority to use video traffic surveillance technology and impose civil penalties based on camera surveillance.
4. Authority to regulate the timing and/or number of private development projects under construction within a watershed.
5. Authority to prohibit outdoor burning in the Town’s extraterritorial jurisdiction.
6. Authority to enact an entertainment tax on large entertainment venues.
7. Legislation to allow greater regional planning authority.
8. Revision to rules requiring poll workers to work all day.
9. Authority to enter into development agreements as part of the regulation of land use on large tracts including the Horace Williams tract.
10. Authority to enact inclusionary zoning.
11. Authority to enact additional regulations regarding alcoholic beverages including, among others: regulation of opening and closing hours; regulation of special promotions such as happy hours; and local law enforcement authority to enforce alcohol regulations currently under the jurisdiction of State agents.
12. Legislation to sponsor the convening of a Legislative Study Commission to develop a plan for the State to achieve its 40 % waste reduction goal.
13. Creation of new revenue sources for transportation funding, including local options and those recommended by the Governor’s Transit 2001 Commission.
14. Seek State assistance for open space acquisition and for libraries throughout the State.
15. Establishment of a Legislative Study Commission to identify potential State-wide regulations that require counties and municipalities to implement measures that include urban growth boundaries, open space and farmland preservation and comprehensive plans.
16. Authority for adequate public facilities ordinances aimed at three concurrancies: 1) public school capacity; 2) road capacity; and 3) utility capacity.
This the 8th day of February, 1999.
COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER FOY, THAT THE COUNCIL REQUEST THAT THE CHAPEL HILL/CARRBORO CHAMBER OF COMMERCE EXPRESS SUPPORT FOR THE GRANTING OF SPECIAL ENABLING LEGISLATION FOR INCLUSIONARY ZONING FROM THE N.C. GENERAL ASSEMBLY FOR THE TOWN OF CHAPEL HILL AND THAT WRITTEN CONFIRMATION OF SUCH SUPPORT BE SENT TO THE COUNCIL BEFORE ITS FEBRUARY 26TH BREAKFAST MEETING WITH ITS LEGISLATIVE DELEGATION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Chamber of Commerce President Joel Harper stated that he would need the written request before Thursday in order to get it on his Board’s agenda.
Mayor Waldorf stated that this item was basically covered by the list that the Council had just approved.
Mayor pro tem Capowski noted that a candidate may now select a “thousand dollar limit” option, whereby he or she might keep expenditures down and have his or her paperwork minimized. He stated that this would be a valuable feature to maintain.
Council Member Evans asked how a candidate would account for spending only $1,000. Mayor pro tem Capowski replied that it would be obvious by the amount of advertising a candidate had done whether or not she or he had spent more than $1,000.
Mr. Karpinos added that the statute stated that to get that exemption the candidate’s treasurer must file a certification under oath that he did not intend to receive or spend more than $1,000 to further his or her campaign.
Council Member McClintock expressed resistance to Mayor pro tem Capowski’s proposal.
Mayor Waldorf noted that the issue did not have to be settled at this time.
a. Petitions by the Mayor and Council Members
Council Member McClintock offered a resolution calling on State representatives to be guided by local governments, the Regional Transportation Advisory Committees (TACs) and the North Carolina Coalition for Public Transportation when setting transportation priorities and making funding decisions.
Mayor Waldorf offered an alternate resolution and recommended deferring action on this item to allow for public comment.
Mr. Harper expressed three objections to the proposed resolution: there had been no public input because it had not been on the agenda; it was presumptuous and premature to express concern about a regional alliance which had made no recommendations, taken no votes, and adopted no positions; and, Council Member McClintock’s version left out citizen groups. Mr. Harper stated that it was an embarrassment for the Council to even consider a resolution that would call on the General Assembly to not listen to a citizen group which wished to approach and lobby its members.
Council Member McClintock replied that she did not intend to offend anyone. She agreed that the Council needed citizen input on this item, and stressed that she was trying to make the point that advisory councils already exist. Council Member McClintock expressed hope that the Alliance would take its recommendations to the existing TACs for review. She explained that funding was limited and that the Council would like those priorities that had been duly identified to be funded first.
Council Member Evans expressed annoyance that Council Members Foy, McClintock, Brown and Capowski had not discussed this resolution with her even though she is the one going to Alliance meetings. She explained that the genesis of the Regional Transportation Alliance was a result of discussions between the Raleigh, Durham, Cary and Chapel Hill Chambers of Commerce at the suggestion of the chair of the Capital Area Metropolitan Planning Organization.
Council Member Evans reported that the Raleigh and Cary Chambers of Commerce and the Wake County Economic Development Commission had subsequently contracted with the Institute of Transportation, Research and Education for an analysis of regional highway needs and possible solutions. She reported that each chamber had nominated private and public leaders to the Alliance to review the study’s findings and to suggest solutions.
Council Member Evans explained that discussion at the Alliance’s first meeting centered around: 1) encouraging the State legislature to do a more equitable job of distributing funds; 2) encouraging the State to pay more attention to growth areas; 3) examining general funding options on a regional basis and identifying specific funding options for specific areas in the region, such as RTP. She reported that a consultant presented the menu of solutions and funding options at the second meeting.
Council Member Evans pointed out that the Alliance had had only two meetings. She said that there would be a discussion of possible solutions at the next meeting, and the Alliance would begin work on recommendations with input from Chapel Hill’s Alliance members. At a subsequent meeting, Council Member Evans explained those recommendations would be refined and strategies would be developed. She noted that there might be another meeting to collect public input.
Council Member Evans emphasized that no recommendations had come from the Alliance as yet. She mentioned that she had expressed her concerns in e-mail to Council Members, but stated that action such as the proposed resolutions would be premature. Council Member Evans advised the Council to give the Committee a chance to do something good, rather than going into an attack mode. She assured the Council that she would take their concerns forward and keep them informed.
Council Member Brown suggested that Mayor Waldorf and Council Member McClintock meet and work out the differences between their resolutions before the next meeting. Council Member McClintock and Mayor Waldorf agreed.
Mayor Waldorf said that she would not be willing to vote for anything much stronger than what she had written.
Council Member Bateman stated that she would not be comfortable voting for Council Member McClintock’s resolution because of its angry tone. She said that she would support Mayor Waldorf’s version.
Council Member Foy stated that he too would support Mayor Waldorf’s resolution, adding that he did not want the mechanisms that already were in place to address transportation issues to be circumvented. He said that it would be fine to delay in order to get public input.
Council Member Evans stated that she was discouraged by the fact that the Council appeared to think that she would not voice its sentiments at Alliance meetings and bring back recommendations for the Council’s comments.
Mayor Waldorf replied that she did have confidence that Council Member Evans would do so and was attempting to give her support by toning down the resolution.
Mayor pro tem Capowski, noting that there was a finite amount of money to be spent on roads, pointed out that there already were procedures in place for elected officials and citizens to have a say in the process. He added that in the last two years there had been two attempts to circumvent this: a failed attempt to widen Mt. Carmel Church Road; and constructing the road that goes to the Dean Dome. Mayor pro tem Capowski explained that these incidents had made the Council wary of funding efforts that did not go through the TAC process.
Council Members agreed to schedule a public hearing for February 15, 1999.
4g. Council Policy Position Regarding Burma
Dan Howe urged the Council not to do anything to indicate support for a government that terrorized its people into submission. Noting that more than half of the heroine that came into the US was reported to come from Burma, he stated that a gesture against the government of Burma, even if symbolic, was worth keeping and should be expanded. Mr. Howe stated that the ordinance was one, small, positive step that the Town could take and that he would be sad if the Council rescinded it.
Jack Wolf, who worked with Burmese refugees in Chapel Hill, Carrboro and Durham, expressed support for keeping Chapel Hill’s policy against the Burmese government. He noted that Carrboro was willing to take the chance, as well as 23 other municipalities and a number of states. Mr. Wolf stated that he found it disturbing that the Federal Trade Commission would contact Chapel Hill and that the Town would run scared in the face of a possible lawsuit. He argued that the Town should stick to its principles along with the other cities and states, including Carrboro.
Aaron Nelson stated that there was no reason to raise a white flag until somebody pointed a gun at you. Acknowledging that the policy might not make any difference whatsoever, he encouraged the Council to keep the policy at least until a lawsuit was filed.
Council Member Pavão asked the Manager to repeat what the policy was. Mr. Horton explained that it prohibited the Town from contracting with service providers, such as engineers, architects and CPAs, who did business with Burma. He said that it did not apply to the purchase of commodities.
Council Member Pavão asked if this was different from Carrboro’s policy. Mr. Horton replied that he was not familiar with Carrboro’s policy.
Council
Member Evans stated that she had limited information when she supported
removing the ban. She asked the Attorney if the Town would be at risk for
litigation if it did nothing now or whether an appeal would first be heard and
a decision then rendered. Mr. Karpinos replied that an appeal was in process
from the Federal District Court decision in Massachusetts that would go
to the US District Court of Appeals and presumably would be heard within the
next year or so. He stated that he did not know whether there was any
likelihood that a suit would be filed against Chapel Hill’s policy or not. He
pointed out that the Council had to decide whether to wait and see if a suit
was filed or a Federal Court of Appeals decision rendered.
Council Member Evans replied that she was comfortable with not doing anything because the group which might have targeted Chapel Hill for litigation would probably wait until a decision was rendered concerning Massachusetts’ appeal. Mr. Karpinos noted that the federal government would be more concerned about defending the appeal against the decision of the Federal District Court than about bringing individual lawsuits in other district courts.
Council Member Wiggins pointed out that the Council frequently took actions that expose it to lawsuits. She stated that the principle here was more important to her than some others had been.
Council Member Foy suggested that, when the Town communicates with the Federal Trade Commission, it should try to find out who the 500 members were who were trying to bully Chapel Hill into rescinding its ordinance.
COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER MCCLINTOCK, THAT THE TOWN RETAIN ITS PRESENT POLICY BARRING CONTRACTS WITH BUSINESSES DOING BUSINESS WITH BURMA. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
4h. Expanded Regional Bus Service Plan
Council Member McClintock suggested including the Eubanks Road park and ride lot in the regional plan for bus service to the Research Triangle Park.
Mayor Waldorf suggested adding “be it further resolved that the Council requests TTA to consider the Eubanks Road parking lot as a transit station for buses to take people to work and report its considerations back to the Council.”
COUNCIL MEMBER MCCLINTOCK MOVED, SECONDED BY COUNCIL MEMBER FOY, TO ADOPT RESOLUTION 4.1, AND ADD “BE IT FURTHER RESOLVED THAT THE COUNCIL REQUESTS TTA TO CONSIDER THE EUBANKS ROAD PARKING LOT AS A TRANSIT STATION FOR BUSES TO TAKE PEOPLE TO WORK AND REPORT ITS CONSIDERATIONS BACK TO THE COUNCIL.” THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION SUPPORTING THE SERVICE EXPANSIONS OF THE TRIANGLE TRANSIT AUTHORITY (99-2-8/R-4.1)
WHEREAS, the Town of Chapel Hill is a member of the Triangle Transit Authority and supports the development of regional public transit service; and
WHEREAS, the Town of Chapel Hill has operated local public transit service to Chapel Hill, Carrboro and the University of North Carolina communities; and
WHEREAS, the Triangle Transit Authority has proposed an expansion of its regional public transit service, including the development of park-ride facilities, which could improve service for both regional and local commuters;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council supports the Triangle Transit Authority’s plans for expanded regional service to the Chapel Hill area.
BE IT FURTHER RESOLVED that the Council requests the Triangle Transit Authority to consider the Eubanks Road parking lot as a transit station for buses to take people to work and report its considerations back to the Council.
This the 8th day of February, 1999.
COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER FOY, THAT THE COUNCIL GO INTO CLOSED SESSION, AS AUTHORIZED BY N.C. GENERAL STATUTE SECTION 143-318.11(a) (3), TO DISCUSS POTENTIAL LITIGATION PERTAINING TO THE COUNCIL’S RECENT DECISIONS ON THE MEADOWMONT SPECIAL USE PERMITS.
The Council went into closed session.
The meeting was adjourned at 9:59 p.m.
The minutes of February 8, 1999 were adopted on the 22nd day of March, 1999.
__________________________________________
Joyce A. Smith, CMC
Town Clerk