SUMMARY MINUTES OF A REGULAR BUSINESS
MEETING
OF THE CHAPEL HILL TOWN COUNCIL
MONDAY, FEBRUARY 22, 1999, AT 7:00 P.M.
Mayor Rosemary Waldorf called the meeting to order at 7:00 p.m.
Council Members in attendance were Flicka Bateman, Joyce Brown, Joe Capowski, Pat Evans, Kevin Foy, Julie McClintock, Lee Pavăo, 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, Deputy Fire Chief Myrle Smith, Police Chief Ralph Pendergraph, Transportation Director Bob Godding, Engineering Director George Small, Housing Director Tina Vaughn, Assistant to the Manager Ruffin Hall, Transportation Planner David Bonk, Police Crisis Intervention Unit Supervisor Jim Huegerich, Senior Engineering Coordinator Mike Neal, and Town Clerk Joyce Smith.
Item 1 – Ceremonies (None)
Mr. Karpinos said that on January 27th the Council had requested that a Public Hearing be held to receive citizen’s suggestions for the Council to take to the legislative delegation for consideration by the General Assembly. He also said that on February 8th, the Council scheduled the hearing for February 22nd to receive requests listed in the Council’s agenda materials for this evening. Mr. Karpinos said that following the meeting this evening the Council would be meeting with the legislative delegation on February 26th and would consider adopting a legislative program on March 1st.
Joe Herzenberg urged the Council to support the Commissioners of Orange County when they asked the legislative delegation to amend the authorization for the County’s Civil Rights Ordinance to include Sexual Orientation, noting that he had asked this for two years. He said that the Council had supported this all along and he felt that, since Senator Eleanor Kinnaird was now on the State and Local Government Committee, this amendment might be possible.
Greg Gangi asked the Council to urge the delegates to support Campaign Finance Reform. He also urged the Council to support inclusionary zoning both from an environmental point of view for affordable zoning and as a zoning tool for the future.
Laura Wisland, a campaign manager for Senator Kinnaird, urged the Council to support Campaign Finance Reform.
Cara Crisler, a member of the executive committee of the Sierra Club and a planner, said that she had received her diploma in the Netherlands and sited that country and other European countries as examples of having good land planning. She urged the Council to support inclusionary zoning, new revenue funding for alternative forms of transportation, adequate public facilities ordinances, and State-wide planning regulations, which were most important for encouraging regional planning.
Council Members Foy and Brown both stated that the Council already had a resolution regarding Sexual Orientation.
Council Member Brown suggested bringing forth that old resolution and putting it on the next agenda.
Mayor Waldorf asked if the Council agreed. The Council expressed consensus.
Council Member McClintock suggested that the Council ask for authority for an impact tax, which would be levied on new development, to pay for costs of roads. She said that there were already fees, which could not be raised, that were used for the schools. Council Member McClintock suggested coordinating with the County Commissioners.
Council Member Brown read the language from the 1997 resolution regarding impact taxes and said that this was a separate entity from the impact fees.
Council Member Evans asked if this tax would be used in addition to the impact fees, and if it would be used for schools or for something else.
Council Member McClintock said that it would give the Town authority to decide where to apply the tax.
Council Member Foy said that there was authority to apply the impact fees but there was a reluctance to do so because they were inequitable.
Mayor Waldorf asked the Council if they wanted the authority without stating how the tax would be used.
Council Member Evans said that was her question and asked that since Chapel Hill had the highest cost of living in the region, what the impact of the tax would be on the cost of housing.
Mayor pro tem Capowski said that the tax would be another tool, should the Town want to use it. He said that all the impact fees were levied the same, so no matter what the cost of a home, the fees were the same.
Council Member Brown said that a tax could be levied at different amounts, but that fees were across-the-board. She said that the tax would give the Town a tool to use if it chose.
Council Member Bateman asked if the County wished to change its authority from impact fee to impact tax, or did it want to have both.
Council Member Brown said that the fee the County levied was only for the schools. She said the tax would be levied as the Town saw fit, and that needed to be clarified.
Council Member Bateman asked that, if the Council was saying that it wanted authority for an impact tax to make it more equitable, if that would counter what the County was levying.
Mayor pro tem Capowski said that the County would rather have the tax than the fees, but that fees were the only tool it had.
Council Member Foy said that the Town had nothing to do with school impact fees. He thought that maybe the Town could ask for the tax to mitigate the costs of Parks and Recreation, public safety and other capital improvements.
Council Member Brown said that they could have the tax used for all public facilities, a different one as each need arose.
Mayor Waldorf asked if the Council wished to add to the list for the legislative delegation the request that the Town of Chapel Hill was asking for authority to impose an impact tax for use for public utilities. She asked what kind of a tax and what percentage tax.
Council Member Evans asked if the Town would still ask the developers to give recreational space and road improvements to the Town. She asked if that would then be double taxation.
Council Member McClintock said that this would be a tool, and that it would be made to fit into the whole program.
Council Member Wiggins said that she had no problem with putting the request on the agenda for the legislative delegates and that they might be of some help.
Council Member Foy said that the Council should ask to have the authority to replace the impact fees with an impact tax.
Mayor Waldorf asked if there was a consensus from the Council to add this to the agenda for the meeting with the legislative delegation. There was general consensus.
COUNCIL MEMBER PAVĂO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO REFER THE POTENTIAL LEGISLATIVE REQUESTS TO THE TOWN MANAGER AND THE TOWN ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
3a. Citizens Not on the Agenda
(1) Withdrawn
(2)
Anita Council, of
the Cookie Bear Company, Regarding a Request for Community Development Block
Grant Funds
Ms. Council requested a $15,000 loan from the Program.
COUNCIL MEMBER PAVĂO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO RECEIVE AND REFER THE PETITION FROM THE COOKIE BEAR COMPANY TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY. (9-0).
(3)
The Orange County
Chapter of the American Red Cross
Susan Kessler, a volunteer for the American Red Cross of Orange County, said that in Orange County there were 300 volunteers—120 disaster volunteers and 65 on the National Disaster Team. She said that the most common disaster was fire and that there were 7 disaster-action teams. Ms. Kessler said that there were also teenage volunteers who ran a teenage hot line. She said that the Orange County Chapter of the American Red Cross wanted to purchase the building that it was occupying and requested that a $75,000 grant from the Town of Chapel Hill be included in the budget.
Mayor pro tem Capowski asked how much they were asking from the County. Ms. Kessler answered $75,000, noting they were asking the same from Carrboro and Hillsborough.
COUNCIL MEMBER MCCLINTOCK MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO RECEIVE AND REFER THE PETITION FROM THE ORANGE COUNTY RED CROSS TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
(4)
R.D. Smith
Mr. Smith petitioned the Council to: (1) install a four-way stop sign at the corner of Caldwell Street and Church Street; (2) eliminate or reduce the amplification of outdoor noise and sound from residential areas, or at least reduce the times allowed for the noise and sound from 11:00 p.m. to 8:00 a.m.; (3) restrict parking to one side of the street from Caldwell Street to Mitchell Lane by posting “no parking” signs; and (4) reduce the length of the fence on the corner of Church Street and Lindsay Street, as it restricted vision.
COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER MCCLINTOCK, TO RECEIVE AND REFER THE PETITIONS FROM MR. SMITH TO THE TOWN MANAGER, AND TO REFER THE PETITION ON NOISE TO THE NEW NOISE STUDY COMMITTEE. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
(5)
John Hanson
Mr. Hanson petitioned the Council to make implicit that a sewer connection from his Glenbrook Subdivision application to the Habitat property was not needed, because Habitat had connected elsewhere.
COUNCIL MEMBER MCCLINTOCK MOVED, SECONDED BY COUNCIL MEMBER FOY, TO RECEIVE AND REFER MR. HANSON’S PETITION TO THE TOWN MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
(6)
Ruby Sinreich
Ms. Sinreich petitioned the Council to: (1) place traffic-calming devices on Church Street; (2) find a way to deal with noise in the Northside neighborhood; and (3) find other alternatives to deal with the traffic on Carr Street, rather than making it one-way.
COUNCIL MEMBER PAVĂO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO RECEIVE AND REFER MS. SINREICH’S PETITIONS TO THE TOWN MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
(7)
Jim Protzman
Mr. Protzman petitioned the Council to be aware of the Year Two Thousand (Y2K) problem and the possibilities for disaster. He said that the Town should plan for it. Mr. Protzman said that in his neighborhood they planned to stock up on goods against the possibility of shortage. He felt that it was a good community-building technique.
Mayor Waldorf said that she had been to a meeting of a citizen’s group, Y2K Opportunity for Community, which recommended just such neighborhood activity. She noted that they would be holding a workshop on March 20th at Binkley Baptist Church from 9:00 a.m. until 12:00 noon. Mayor Waldorf said that they had asked her to help publicize block parties to be held April 24th in the Chapel Hill and Carrboro neighborhoods.
Mayor pro tem Capowski said that the Town Technology Committee had looked at the Y2K problem and that the Town was in good shape.
Mayor Waldorf said that the Town needed to look at improving communications.
Council Member McClintock said that she would like to see a report from the Manager on the Town’s Emergency Preparedness.
3b. Announcements by Council Members
Council Member Brown announced a Landfill Owners’ Group meeting on February 25th in the Public Works Department Conference Room at 7:00 p.m. She urged Council Members to attend. She noted that a material recovery facility consultant would be there.
Mayor Waldorf announced that the consultant for UNC’s Master Plan would be at the February 23rd meeting from 5:30 p.m. until 7:00 p.m., and would present a progress report. She requested the Council’s consent that the members of the Comprehensive Plan Work Group be present at that time to ask questions and to interact with each other.
Council Member Wiggins said that an article in USA Today had reported that former Chapel Hill Superintendent Gerry House had been selected as Superintendent of the Year.
Mayor pro tem Capowski pulled the January 11, 1999 minutes from 4a.
Council Member Brown pulled 4g.
Council Member Brown requested to speak about 4c, regarding the petition by the First Baptist Church of Chapel Hill. She said that she had received a complaint from a citizen who lived in an apartment building built with funds from the US Department of Housing and Urban Development (HUD). Council Member Brown said the person complained that the apartments in the building in which he/she lived were very noisy, and that the original plans for the building included a sound building plan to control noise, but HUD officials had removed some of the noise abatements. She requested that, if HUD funding was approved for the First Baptist Church’s residential development for lower income elderly citizens, the Church make a report to the Town so that both the Town and the Church could work together to ensure that high standards were achieved in the building so the residents would be comfortable.
Lane Sarver, Housing Consultant for the First Baptist Church, said that they would be working with an Elderly Resident Advisory Group as part of their submission process. He said that they would work with the Town and submit a report.
Council Member Evans pulled 4f.
Council Member Wiggins pulled 4d.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO ADOPT THE CONSENT AGENDA EXCLUDING ITEMS D, F, AND G AND THE JANUARY 11TH MINUTES FROM A. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
(99-2-22/R-1)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the following minutes, resolutions and ordinances as submitted by the Town Manager in regard to the following:
|
a. |
Minutes from January 6, 16, and 20, 1999. |
|
b. |
Response to petition by the First Baptist Church of Chapel Hill recommending expedited processing in the review of the Special Use Permit application for a residential development for lower income elderly citizens (R-2). |
|
c. |
First Baptist Church of Chapel Hill and the Housing Loan Trust Fund · Resolution amending Housing Loan Trust fund guidelines to permit pre-development costs (R-4a). · Resolution and ordinance appropriating funds from the Housing Loan Trust Fund to conduct a feasibility study for a U.S. Department of Housing and Urban Development elderly housing project (R-4b) (O-1). |
|
e. |
Ordinance amending Personnel Ordinance to allow new employees to use accrued annual leave during their probationary period (O-2). |
|
h. |
Resolution presented to Habitat for Humanity of Orange County to participate in the “Celebrate 2000” Millennium event (Mayor Waldorf) (R-6.1). |
|
i. |
Resolution amending the Council’s meeting calendar (R-6.2). |
This the 22nd day of February, 1999.
A RESOLUTION DIRECTING EXPEDITED PROCESSING IN THE REVIEW OF THE
SPECIAL USE PERMIT APPLICATION FOR THE FIRST BAPTIST CHURCH OF CHAPEL HILL’S
RESIDENTIAL DEVELOPMENT FOR LOWER INCOME ELDERLY CITIZENS (99-2-22/R-2)
WHEREAS, the Town Council
has received a petition from Rev. J.R. Manley, Sr., pastor of the First Baptist
Church of Chapel Hill, for expedited processing of its Special Use Permit
application for a residential development serving lower income elderly
citizens; and
WHEREAS, the First Baptist Church of Chapel Hill is involved in a time-sensitive application process with the U.S. Department of Housing and Urban Development for federal funding of this project; and
WHEREAS, the Town has
committed funds toward a feasibility study for this project; and
WHEREAS, this development would provide housing for an underserved population of the Town;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is directed to expedite processing of the Special Use Permit application for the First Baptist Church of Chapel Hill’s residential development for lower income elderly citizens, in a manner that will speed review without sacrificing breadth or depth of analysis.
This the 22nd day of February, 1999.
A RESOLUTION
AMENDING THE GUIDELINES OF THE HOUSING LOAN TRUST FUND (99-2-22/R-4a)
WHEREAS, the current regulations of the Housing Loan Trust Fund adopted by the Council on June 23, 1986, and amended on October 10, 1994 and April 14, 1997, do not include pre-development costs as an eligible activity; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council amends Section 4 of the Housing Loan Trust Fund guidelines to read:
“4. Loan and Grant Subsidies.
and to add:
“g. For payment of pre-development costs (such as feasibility studies, appraisals, land options and preparation of an application) for projects to be developed for the purpose of providing rental or owner-occupied projects. Pre-development costs are eligible as a loan or grant if the project:
(1) is located within the Chapel Hill Planning Jurisdiction; and
(2) will benefit households earning less than 80% of the HUD published area median income.”
This the 22nd day of February,
1999.
A RESOLUTION AUTHORIZING A $25,000 GRANT FROM THE HOUSING LOAN TRUST FUND TO FIRST BAPTIST CHURCH TO CONDUCT A FEASIBILITY STUDY (99-2-22/R-4b)
WHEREAS, on December 7,
1998, the First Baptist Church asked the Council to support a HUD Section 202
Elderly Housing Application to build a 35-unit apartment facility on Park Road;
and
WHEREAS, on December 8, 1998 and January 21, 1999, Consultant L. Lane Sarver submitted proposals requesting $25,000 from the Town to conduct a feasibility study of the Park Road site; and
WHEREAS, on January 25, 1999, the
Council declared its intent to provide $25,000 to the First Baptist church to
conduct a feasibility study of property located on Park Road for preparation of
a HUD Section 202 Elderly Housing Application and directed the Manager to
identify potential sources of funds and return to the Council at a later date
with options for consideration and adoption of a budget ordinance;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes a $25,000 grant to the First Baptist Church from the Housing Loan Trust Fund to conduct a feasibility study.
BE IT FURTHER RESOLVED that the Council authorizes the Manager to enter into a Performance Agreement with First Baptist Church for use of the funds.
BE IT FURTHER RESOLVED that if First Baptist Church is reimbursed for the cost of the feasibility study, funds will be used for purposes related to this Section 202 Elderly Housing project.
This the 22nd day of February, 1999.
AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE
RAISING OF REVENUE FOR THE FISCAL YEAR BEGNINING JULY 1, 1998” (99-2-22/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 1
Current Revised
HOUSING LOAN
TRUST FUND
Grant for pre-development costs $116,833 $25,000 $141,833
ARTICLE II
HOUSING LOAN
TRUST FUND
Program Income $116,833 $25,000 $141,833
This the 22nd day of February, 1999
AN ORDINANCE AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES OF THE TOWN OF CHAPEL HILL (99-2-22/O-2)
BE IT ORDAINED by the Council of the Town of
Chapel Hill as follows:
SECTION
I
Section 14-41 of the Town Code is amended as
follows:
"Sec. 14-41
Probationary Period of Employment – Generally.
New employees, promoted employees, or an employee
transferred to another position, shall serve a probationary period of six (6)
months, except for department heads and law enforcement officers, who shall
serve a probationary period of one (1) year.
During a new employee’s
probationary period or any extension thereof, an employee may not use annual
leave. A new employee whose position requires a one-year probationary period
may use annual leave after the initial six months of employment, provided
performance is at or above the expected level; and where performance is below
expected level, the supervisor may withhold authorization to use annual leave. departments may grant an employee's request to use
accumulated annual leave based on the operational needs of the department and
the needs of the employee. "
SECTION
II
Section 14-44 of the Town Code
is amended as follows:
"Sec. 14‑44 Probationary Period – Termination.
Any employee terminated during
his or her initial probationary period or any extension thereof shall not be
eligible for payment for accumulated leave, but shall be entitled to rights of
appeal through the grievance procedure, with the exception of law enforcement
officers, department heads and employees in traineeships, who have become
eligible to use accumulated leave and who are then terminated during the second
six months of employment, shall be paid for net leave accumulated in accord
with the provisions of Section 14-75
A probationary employee terminated during their probationary period or extension shall be entitled to rights of appeal through the grievance procedure, and, with proper notice, will be paid for accumulated annual leave. "
SECTION
III
Section 14-72 of the Town Code is amended as
follows:
"Sec. 14-72 Schedule for Taking Annual Leave.
"Employees may be granted
use of earned annual leave upon request in advance, subject to department policies
on notice required. Leave may be
granted at those times designated by the Manager or Department head which will
least obstruct normal operations of the Town . , except that no employee may use earned annual leave until
their initial probationary period or any extension thereof has been
completed. "
SECTION
IV
Section 14-75 of the Town Code is amended as
follows:
"Sec. 14-75 Payment of Accumulated Leave
Upon Termination.
A permanent An employee shall be paid for
annual leave accumulated to the date of separation not to exceed thirty (30)
work-week equivalent days, provided notice is given to the immediate supervisor
at least two (2) weeks in advance of the effective date of the
resignation. The Manager and Department
Heads shall be required to give thirty (30) days notice prior to the effective
date of resignation. Any employee
failing to give the notice required by this section shall forfeit payment for
accumulated leave. New employees
shall not receive annual leave if terminated during or at the end of the
probationary period.”
SECTION
V
This ordinance is effective upon adoption.
This the 22nd day of February, 1999.
WHEREAS, Habitat for
Humanity of Orange County, Inc. proposes a community-wide Millennium
Celebration focusing on the construction of eleven (11) affordable homes in its
Rogers Road Millennium Subdivision; and
WHEREAS, Habitat for Humanity intends to create eleven (11) homeownership opportunities for low-income households; and
WHEREAS, Habitat intends to spearhead a celebration that includes the participation of the broadest possible cross-section of the Chapel Hill, Carrboro, Hillsborough, and Orange County community; and
WHEREAS, the construction of new or substantially rehabilitated housing units that are affordable to families earning below 60% of the area median income is a stated priority in the 1995-2000 Orange County Consolidated Plan for Housing and Community Development Programs;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council pledges to seek the volunteer support of Town elected officials and Town employees with the construction of one (1) affordable home during the community-wide Millennium Celebration.
BE IT FURTHER RESOLVED that the Council asks the Mayor to notify other governmental entities in Orange County of this action.
This the 22nd day of February, 1999.
(99-2-22/R-6.2)
WHEREAS, the Council previously scheduled a work session for March 10th with the Town’s consultant on transportation issues; and
WHEREAS, the consultant has indicated he is unavailable at that time; and
WHEREAS, after polling the Council, March 24th was identified as available for this work session; and
WHEREAS, the consultant has indicated his availability on March 24th;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby cancels the previously scheduled work session on March 10th, and schedules a work session on March 24th at 5:30 p.m. in the Town Hall Council Chamber to discuss transportation issues with the Town’s transportation consultant.
This the 22nd day of February, 1999.
4f. Restriction
of Traffic Flow on Carr Street
Don Boyd suggested that the Council look at other alternatives to one-way traffic for Carr Street.
Samuel McRae agreed with Mr. Boyd and said that making Carr Street one-way would only divert the traffic to Nobel Street. He urged the Council to consider other alternatives.
Item 5 – Information reports.
Council Member Bateman pulled 5d.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER FOY, TO APPOINT CHRISTOPHER CITY TO THE GREENWAYS COMMISSION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Dr. Arthur Werner, Chair of the Stormwater Utility Technical Review Committee, reported on the findings of the Committee and its Report. He said that there would be new phase 2 regulations coming soon. Dr. Werner reviewed the three charges that were given to the Committee in June by the Council when it asked for information concerning the feasibility of establishing a stormwater utility in Chapel Hill: (1) review established types of stormwater utilities and summarize key points of each, highlighting similarities and differences; (2) comment on the type(s) of stormwater utility organization which might be feasible in Chapel Hill and what public purposes could be served; and, (3) consider and comment on the concept of a jointly operated utility including Chapel Hill and Carrboro (and/or Orange County). He said the Committee reviewed specific stormwater utility information from North Carolina cities including Highpoint, Fayetteville, Wilmington, Charlotte, Durham and Greensboro.
Dr. Werner said that the Committee had determined several public purposes that a local stormwater utility could serve, including:
· Review development plans and stormwater impact statements.
· Plan, design, and construct stormwater management improvement projects.
· Coordinate and facilitate area-wide Resource Conservation District and floodplain mapping/updates.
· Manage, operate, and maintain stormwater facilities.
· Oversee local soil erosion and sedimentation management and control.
· Ensure compliance with federal, State, and local stormwater management regulations.
· Provide education and public information about stormwater management and practices.
· Perform research and studies regarding stormwater runoff, soil erosion, and sedimentation management.
· Manage and coordinate spill response efforts.
· Provide emergency services relating to flooding and/or pollution mitigation.
· Monitor stream water quality.
Dr. Werner said the Committee recommended that a Development and Implementation Committee be convened, including representatives from:
· Private Business
· Engineering/Architectural Firms
· The University
· Private Development Firms
· Environmental Organizations
· The Institute of Government
· Interested Residents of Chapel Hill, Carrboro, Orange County, (and, possibly Chatham County)
· OWASA, Carrboro, Chapel Hill, and Orange County staff/administration
· Triangle-J Council of Governments
Dr. Werner discussed several issues, questions, and suggestions:
1. Coordinate land-use policies with stormwater management issues.
2. If stormwater utility should “control” development or “respond to” development.
3. There were a variety of legal issues involved with the establishment of a stormwater utility. Someone from the Institute of Government should be involved in future discussions.
4. Consider giving the stormwater utility responsibility for soil erosion and sedimentation control plan review, permitting, and supervision within utility district.
5. Identify and define mechanism(s) for enforcing fee collections.
6. Clearly relate responsibilities, resources and fees so stormwater program would pay for itself.
7. Carefully consider how multi-jurisdictional utility would prioritize expenditures across jurisdictional boundaries.
8. If a multi-jurisdictional approach was pursued for a stormwater utility, OWASA should be considered since it provided water/sewer services across jurisdictions and it already had a multi-jurisdictional board in place.
9. Establishment of a multi-jurisdictional utility would require agreement and commitment from Carrboro, Orange County, University of North Carolina at Chapel Hill, North Carolina Department of Transportation, and conceivably Chatham County. All agencies having jurisdiction within the utility area should be included in these discussions before proceeding further.
George Small thanked the Committee for its hard work, adding that it was greatly appreciated.
Mayor Waldorf asked whether it was too late for Chapel Hill to consider a single entity in order to collect stormwater impact fees. Dr. Werner said that could be done, but there was more to be gained from a multi-jurisdictional approach, since the systems were all interconnected.
Council Member McClintock thanked the Committee and said that she had originally wanted to see Chapel Hill have a single utility, but she had been persuaded that it should be a regional effort. Dr. Werner said that the amount of money coming from an impact fee on one development would be so small in relation to the broad community needs, that it would not make sense.
Council Member McClintock said that if developments created future problems she thought there should be a connection so that the policies of the governments could be implemented. Dr. Werner said that individual governments had their own ordinances. He said the utility would advise the towns on the impact of developments, and that the towns would have their own Special Use Permit processes.
Council Member McClintock asked if the Committee would do a Master Plan of the area. Dr. Werner said that the Committee would have to figure out how to pay for a Plan, and might have to recommend bond money.
Mayor Waldorf said that the Town was doing a study with the Corps of Engineers. Mr. Small said it was a much broader study, and that the Committee would operate like OWASA. He also pointed out that all developments contributed to stormwater, so a fee would be equitable.
Mr. Werner pointed out that if OWASA was to do this work, it would have to increase staffing.
Mayor pro tem Capowski thanked the Committee for its work. He asked if a utility would have been any help, had it been in affect five years ago when Northside was being developed, resulting in sedimentation in Lake Ellen. Dr. Werner said he did not know, but said that the Committee would review plans over a broad area to find the cumulative affect.
Mr. Small said that if more resources had been focused on the area, and a better job of sedimentation control would have resulted.
Mayor pro tem Capowski asked if the utility could take over what the homeowners groups were doing for stormwater control in the subdivisions, and be paid by the subdivisions. Dr. Werner said in theory, yes, but that the utility would be looking at a bigger area.
Council Member Brown asked if any of the five communities sited in the Report had been assessed as to how successful the utilities had been. Dr. Werner said that there was very little information, as these utilities were very new.
Mr. Small said that the agencies, whose members were represented on the Committee, were interested in seeing the Report.
Council Member Brown asked if the Council referred the Report in a resolution, would it receive more information and not be making a commitment. Mr. Small answered yes.
Council Member McClintock asked if the Council should go ahead and see if there was an interest in the other jurisdictions to press forward. She felt that the elected boards needed to be informed.
Council Member Wiggins asked what a typical fee would be for this kind of stormwater management. Mr. Small said somewhere between $1.00 to $2.50 per house, a small addition to a water bill.
Mayor Waldorf asked if there would continue to be a need for a bond issue, and felt that when the Committee passed on the information to the other jurisdictions, they should receive some sort of cost estimate.
Council Member Brown asked if the facility was established, could the fees increase. Mr. Small said that it would be set up to fulfill its mission. He said that the Town would have control over the utility to determine why a certain rate amount was established. Dr. Werner said that the Town would have control over the utility.
Council Member Brown said that she would like to hear response from the public.
COUNCIL MEMBER MCCLINTOCK MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 7, WITH AN AMENDMENT ADDED BY COUNCIL MEMBER FOY TO INCLUDE CHATHAM COUNTY IN THE JURISDICTIONS. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION RECEIVING THE JANUARY 1999 REPORT AND RECOMMENDATIONS FROM THE STORMWATER UTILITY TECHNICAL REVIEW COMMITTEE AND REFERRING THE REPORT TO OTHER INTERESTED AGENCIES TO SOLICIT COMMENTS FOR FUTURE CONSIDERATION BY THE TOWN COUNCIL (99-2-22/R-7)
WHEREAS, a Stormwater Utility Technical Review Committee was established by the Council in 1998 to investigate and report on the feasibility of a stormwater utility in Chapel Hill to fund stormwater management needs; and
WHEREAS, the Committee completed its report in January 1999; and
WHEREAS, the Council herewith receives the Committee’s report and recommendations; and
WHEREAS, the Council expresses its gratitude and appreciation for the Committee’s time and service in preparing the report; and
WHEREAS, the Council desires to further investigate the establishment of a stormwater utility to serve Chapel Hill and the surrounding drainage areas;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council herewith refers this report to other interested agencies including, but not limited to, the Town of Carrboro, Orange County, Chatham County, the University of North Carolina at Chapel Hill, Orange Water and Sewer Authority, and the Triangle J Council of Governments for review and comment.
BE IT FURTHER RESOLVED that the Council requests that all comments be submitted to the Chapel Hill Town Manager within sixty (60) calendar days, after which the Manager will prepare a report to the Council with his analysis of the committee report and comments from other agencies for further consideration by the Council.
This the 22nd day of February, 1999.
Item 8—Traffic Calming on Cypress Road
Town
Engineer George Small said that this item was in response to the November 14,
1998 petition from Gary and Maureen Dwyer who live on Plum Lane. He noted that the primary concern expressed
in the petition was problems with cut-through traffic and the perception that
the volume of traffic on Cypress Road was not all local traffic. Mr. Small noted that the petition also
expressed concern for traffic that exceeded the speed limit and traffic that
did not obey the stop signs already in place in that area.
Mr. Small said that, in response to the petition, the Engineering Department observed traffic and used counters to analyze the situation on Cypress Road. He said that they had found a heavier than expected volume of traffic on a street like this—about 1200-1300 cars per day on Cypress Road in both directions. Mr. Small added that it was certainly more than what the neighborhood would generate. He said that the figure was in the higher range of expectations for traffic volumes on local streets in Chapel Hill, adding that most local streets did not handle more than about 1500 cars per day.
Mr. Small said that vehicles traveling above the speed limit were observed during the study. He said that vehicles running stop signs were not observed, adding that a few cars did rolling drive- throughs. Mr. Small said that there were times of day when it would appear that the volume of traffic was increased by commuter-type traffic that was possibly trying to take a shortcut from going up U.S. 15-501 and down Ephesus Church Road, noting that this was Mr. Dwyer’s observation as well.
Mr. Small said that the staff agreed that there appeared to be a problem on Cypress Road as expressed in Mr. Dwyer’s petition. He said that staff was concerned about an item in the verbal petition concerning consideration of closing Cypress Road. Mr. Small said that, with the volume of traffic and the problem that the staff acknowledged existed on Cypress Road, they were concerned that closure of Cypress Road would possibly cause a shift in traffic to other roads in the neighborhood and subsequent petitions from those roads requesting closure. He noted that there could be a domino effect and that might set neighbor against neighbor.
Mr. Small said that staff had talked with Mr. Dwyer about the situation but did not have any effective solution. He said that staff would continue to consider this issue and, possibly with the assistance of the Transportation Board, would be able to offer some viable alternatives that the neighbors would be willing to try. Mr. Small noted that staff had suggested the possibility of speed humps but were not confident that they would solve the problem. He noted that staff would make a mailing list of neighbors available for Mr. Dwyer who intended to initiate a grass roots effort of the larger neighborhood—not just Cypress Road and Eden Road—to address these issues concurrently with the Transportation Board. Mr. Small said that he supported the idea of discussions about traffic issues among citizens living on all of the streets that would be affected.
Mr. Small said that, if the Police Department had enough resources to post police officers in the neighborhood all day, the problem of speeding and running stop signs would be remedied, adding that this would probably not effect the volume of traffic. He said that, although we do not have those resources, staff would ask the Police Department to monitor the area as frequently as possible. Mr. Small said that the staff recommended that these issues be referred to the Transportation Board for comments and ideas, particularly on effective traffic calming measures.
Mr. Small said that there was a safety concern noticed during the study at the three-way intersection of Plum Lane and Cypress Road where there were only two stop signs posted. He said that it created a situation that could be confusing to traffic. Mr. Small said that staff suggested the addition of a third stop sign to make it an all-stop condition, noting that this was consistent with the Town’s goals to either have the main street the through street and the intersecting street a stop street or have an all-stop condition. He said that the last place that a third stop sign was added was at Curtis Road and Elliott Road where staff had observed a similar situation.
Mr. Small said that video surveillance measures would not be available for some time and that staff was not sure where they would go. He noted that video surveillance, when available, could extend police resources.
Mr. Small said the staff recommendation was to install a stop sign at Cypress Road and Plum Lane and to refer this matter to the Transportation Board for new ideas. He said that the staff would then report back to the Council with more alternative solutions. Mr. Small said that at the present time, staff did not recommend the closure of Cypress Road.
Gary Dwyer expressed gratitude that the Town had finally addressed the problem of the volume of traffic on Cypress Road. He said that the neighborhood could now develop workable solutions to the problem. Mr. Dwyer said that in his December 7th petition, he recommended that Cypress Road be closed and even though it was a drastic measure, it seemed to be the only option. He noted that in a survey of the neighborhood, of the 100 people who indicated that they lived on the cut-through, 60 voted for the closure of the street, indicating the severity of the problem of cut-through traffic. Mr. Dwyer said that the overwhelming reason for opposition to the closure of Cypress Road was concern that cut-through traffic would shift to other streets in the neighborhood, further confirming the severity of the problem of 1200 cars per day. He said that in comparison to a traffic study on Rogerson Drive, Cypress Road has 10 times the average amount of cars. Mr. Dwyer said that when he had proposed the closure of Cypress Road he did not realize that traffic would be diverted onto other streets because the cut-through would then be longer. He noted that commuters try to avoid congestion and the 7-8 minute wait at the Ephesus Road and 15-501 intersection was not as appealing as the 1-1 1/2 minute drive down Cypress Road.
Mayor Waldorf thanked Mr. Dwyer for his appreciation for the staff’s work.
Mr. Dwyer noted that Chapel Hill was growing and wondered about the effect that growth would have on the neighborhood streets a year from now, as there were currently 1200 cars per day on Cypress Road. He further pointed out that Cypress Road and the other possible cut-through streets in the neighborhood had several blind curves and blind hills, adding that none of the streets in the area were intended to carry such a large volume of traffic.
Council Member Evans moved to adopt Resolution 8.
Council Member Evans noted that Francis Street was supposed to connect up to Willow Drive and Spruce Street, Manly Road, and Leclair Street were supposed to connect in the overall plan but this had not happened. She said that that was one reason why there was so much traffic on Cypress Road, Long Leaf Road and Willow Drive, otherwise the traffic would be spread out area-wide. Council Member Evans wondered if redistricting of the schools was effecting the traffic problem with the number of parents driving children to school.
COUNCIL MEMBER FOY SECONDED THE MOTION.
Council Member Foy offered an amendment to Resolution 8 to refer it to the Transportation Board and community representatives of the neighborhoods. Council Member Evans agreed with the amendment.
Mayor pro tem Capowski asked if the problems were caused by the trouble at the intersections of Ephesus Road and Legion Road and at Ephesus Church Road and 15-501 Bypass and the poor design for the exit and entrance from the shopping center where the old A&P used to be. He asked whether and when it would be fixed. Mr. Small said that there was currently nothing planned for that area. He noted that the last traffic calming measure done in that area was the signalization of Legion Road, and the addition of a through left on Ephesus Road onto 15-501 which have helped, adding that at peak hours the intersections were still a mess. Mr. Small noted that he had spoken to Vance Barrum, Division Traffic Engineer, who was also looking at problems on Ephesus Church Road around the school, adding that staff should hear back from him in the spring. He said that the staff would begin discussions about making that intersection more tenable for drivers so they would not need to cut through the neighborhood. Mr. Small noted that it would be quite expensive and difficult to fix the problems in that area due to the ramps and overpasses, noting that about 8 years ago preliminary work was done by Bruce Ballentine which was why nothing had been done in a while.
Mr. Horton said that the Council might have an opportunity to work with the owners of the shopping center in the future. He said that when they approach the Council about modifications to their development, the Council could ask them to improve access to the development
Mayor Waldorf said that there was a proposal in the Transportation Improvement Plan to redo the intersection of 15-501 and Europa Drive, which if approved, would help somewhat.
Mr. Small noted that there were several million dollars earmarked for interim work on the 15-501 corridor.
Mayor Waldorf said that as there was no money to fund the ultimate solution to the 15-501 corridor, the Town had asked for money to fund preliminary and interim measures in that area. She said that she hoped the State would approve their request.
Mr. Small said that Town staff would talk to the State about the larger picture of traffic problems in that area.
Mr. Dwyer asked the Town to send a transcript of Mr. Small’s comments to the citizens who had received the memorandum presented to the Council. He said that the memorandum did not address the problem of traffic volumes, focusing mainly on the running of stop signs and speeding. Mr. Dwyer said that the memorandum was misleading as it indicated that the volumes were in the average range of expected volumes for local streets. He said that Mr. Small’s comments during the meeting had addressed the real problem of the volume of traffic and wanted his neighbors to understand what the true situation was with traffic so that they could work toward a solution.
Mayor Waldorf asked the Manager if the Town could accommodate Mr. Dwyer’s request. Mr. Horton asked Mr. Small to respond to Mr. Dwyer’s comments on the question of traffic volumes as written in the memorandum.
Mr. Small said that a summary of this section of the minutes could be sent to the same list as the memorandum was sent to.
Mr. Horton asked Mr. Small to address the statement on the volume of traffic in that area. Mr. Small noted that in the memorandum he did not focus on volume, standing by his statement that the volume of traffic was in the range, though the higher end. He added that an element of the problem was probably caused by cut-through traffic as the volume probably could not have been generated by the residential neighborhood itself.
Mr. Horton said that the staff would send a transcript of this portion of the minutes to the people on the previous mailing list.
the motion was adopted unanimously (9-0).
A RESOLUTION REQUESTING THAT THE TOWN
TRANSPORTATION BOARD CONSIDER AND PROVIDE RECOMMENDATIONS REGARDING THE
INSTALLATION OF TRAFFIC CALMING MEASURES ON CYPRESS ROAD TO MITIGATE TRAFFIC
VOLUME AND SPEED PROBLEMS (99-2-22/R-8)
WHEREAS,
the Council of the Town of Chapel Hill has received a petition requesting
assistance in reducing traffic volume and speeds in the Briarcliff/Ridgefield
Park neighborhood, and in particular on Cypress Road; and
WHEREAS, the Council does not desire to close Cypress Road to all through traffic as requested by the petitioners; and
WHEREAS, the Council is interested in utilizing traffic calming measures to help manage traffic in such situations;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE TOWN OF CHAPEL HILL that the Council herewith refers this matter to the Town Transportation Board and community representatives of that neighborhood to evaluate the petitioners’ request and to report back to the Council with recommendations regarding the installation of traffic calming measures on Cypress Road to mitigate traffic volume and speed problems.
This the 22nd day of February, 1999.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO ADOPT ORDINANCE 5. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
(99-2-22/O-5)
BE IT ORDAINED by the Council of the Town of Chapel Hill:
SECTION I
That Section 21-13(c) of the Town Code of Ordinances, “right-of-way and stop regulations” is amended by inserting the following therein appropriate alphabetical order:
Intersection
Cypress Road/Plum Lane
SECTION II
This
ordinance shall become effective March 15, 1999.
SECTION III
All
ordinances and portions of ordinances in conflict herewith are hereby repealed.
This the 22nd day of February, 1999.
Council Member McClintock requested that the Council discuss the items removed from the Consent Agenda, because there were people in the audience who were waiting to speak to these items.
Mayor Waldorf said that there were also people waiting for the other items on the agenda.
Council Member Evans said that the Council should proceed with the agenda as written, since the intent was to keep things moving along.
Council Member Foy suggested that the Council proceed with Item 9, and then go to the Consent Agenda. The Council agreed.
Item 9 – Road Construction Planning and Work on N.C. Highway 86
and Weaver Dairy Road
9a. Report on N.C. Highway 86 Traffic Signal and Buffer Landscaping
George Small reported on a request from a Council Member for his staff to respond to requests from residents living near the N.C. 86 improvement project north of Homestead Road. He addressed the first request that was for the installation of a traffic signal at the intersection of N.C. 86 and Stateside Drive. Mr. Small said that during the past three years his department had been contacted several times to request the installation of a traffic signal at this location, noting, to date, the State had not agreed to this installation. He said that Mayor Waldorf and Council Member Brown had met with David King, State Deputy Transportation Secretary, and among the issues discussed was the installation of this traffic signal. Mr. Small said that there had been no response but that he was hopeful that a signal would be installed before the end of the year.
Mr. Small addressed the second request for the installation of buffer landscaping along the construction corridor to shield adjacent properties from the widened roadway. He said that there was not a lot of right-of-way to work with. Mr. Small said that in addition to State funding, the Town would need to add $50,000 to supplement the cost of the median plantings. He said the project plans did not include buffer-type landscaping to mitigate the noise and visual impacts of the widened N.C. 86. Mr. Small noted that some property owners had already spent their own money for buffer-type landscaping. He said there was no plan for funding the buffers now.
Mayor Waldorf asked Mr. Small to clarify the proposed allocated amounts. Mr. Small said that there would be about $200,000 from the State, with an additional $50,000 to landscape the median. He said the buffer landscaping would probably cost $100,000 of Town funds.
Mayor Waldorf said that in addition to the $200,000 from the State there would be another $50,000, with matching funds from the Town.
Council Member Foy asked how long the buffer would be. Mr. Small said approximately 1˝ miles.
Council Member Foy asked why the State would not pay for the buffers. Mr. Small said that by law it was not necessary for the State to pay for buffers in this project. He said that the State would allow the Town to focus the State’s money plus the Town’s supplemental money where the Town wanted. Mr. Small noted that the State would finish the median, but additional buffer landscaping would not be required by the project.
Council Member Foy asked if there was sufficient right-of-way, would the State then be required to pay. Mr. Small said probably not, unless there was some kind of matching fund. He said the Town added additional funds to the landscaping of Fordham Boulevard, but not for the Weaver Dairy Road project.
Council Member Evans suggested that the Town work out some arrangement with property owners.
Council Member McClintock said that the Council needed to decide which project needed to be done first. She said that she would like to see the property owners helped first with the buffers, before doing the median.
Council Member Brown asked if Mr. Small had seen both studies, or if the State had just told him that the Fordham Boulevard study showed higher noise levels than in their studies for N.C. 86. Mr. Small said the information was in the Environment Assessments done for each project and that they were on file.
Council Member Wiggins said that she preferred to get easements from the property owners, with as little costs to the homeowners as possible, as it was only fair. Mr. Small said that the staff could focus on the buffers for the property owners, and the median could remain sparse for the present.
Mayor Waldorf said that it seemed like the Council was putting more emphasis on the property owners rather than on the median. She asked if the Council was ready to match funds for beautification. The Council responded that they were.
Mayor pro tem Capowski said that he disagreed with the N.C. Department of Transportation’s (DOT) concept that traffic movement was more important than property owners. He asked what the Council could do to get a traffic signal light for Stateside Road as soon as possible. Mr. Horton said that they were doing everything possible, and that the Council should to maintain pressure on NCDOT and to continue to coordinate with the Secretary of NCDOT.
Council Member Brown said that she wanted to report further on the meeting with the Deputy Secretary. She said that they had decided on a process to allow the Council to address such concerns. Council Member Brown said they were hoping to bring back the process to the Council this evening but they did not make it, and hoped to have it for the Council at their next meeting. She said that their meetings and the public hearings with NCDOT officials would allow the Council to bring concerns to the NCDOT. Council Member Brown also said that the meeting with the Deputy Secretary was very positive.
Mayor Waldorf suggested that the Council bring their concerns about the traffic signal to the meeting with the legislative delegation on February 26th.
Council Member Foy said that the Council should also ask for a signalized pedestrian crossing at the same time. Mr. Small said that would be part of the requirement.
THE COUNCIL RECEIVED AND REFERRED THESE REPORTS TO THE TOWN MANAGER BY CONSENSUS.
9b. Scope
of Weaver Dairy Road Widening Project
Mayor Waldorf suggested that there be some kind of community meeting with the public and the staff for information on the project.
David Bonk, Transportation Planner, said that the NCDOT had requested that a public information meeting be called some time in mid-May, with representation from Chapel Hill officials and NCDOT.
Mr. Bonk said that the State was looking at a five-lane cross section and the possibility of adding a median in the road, the latter he felt could be problematic. He said that the project also included an extension of Sage Road. Mr. Bonk said that the planning was in the beginning stages of the process and that there were several issues which needed to be worked out with the State, such as the sidewalks and bikelanes requested by the Council.
Council Member Evans asked what the impact would be on Cedar Falls Park. Mr. Bonk said that it was the State’s intention to avoid any disruptions of Cedar Falls Park, to the degree that it could be avoided. He said that the other consideration was the underground gas storage tanks on the other side of the road, which also would, hopefully, not be disrupted. Mr. Bonk said that the State would try to avoid using federal funds. Mr. Horton said that if the State did use federal funds, it would be virtually impossible for them to use the Park lane.
Council Member McClintock asked if the Council would like to think about alternatives to the five-lane widening, such as four lanes and a median or two lanes with a turning lane.
Mayor Waldorf said that it should be something less than five lanes.
Council Member Foy asked what the 50 miles per hour on the chart meant. Mr. Bonk said that was a design speed, and that roads were usually designed to accommodate a higher speed, in a safe manner, than the posted speed limit. Mr. Horton said this was common practice, but that the posted speed would be 35 miles per hour.
Council Member Foy said that Manning Drive was wider than Interstate 40 and that the Town would not want a road going through the Weaver Dairy corridor as wide as that or as wide as Sage Road. He asked what the capacity of a three-lane road was. Mr. Bonk said that it would be about the effective capacity of a two-lane road, or about 12,000 cars per day. He said that with the addition of a turn lane the road might accommodate up to 14,000-15,000 cars per day. Mr. Bonk said that the State-projected volume in the corridor ranged up to 20,000 cars per day.
Mayor pro tem Capowski said that he would not like to see an area like Airport Road with five lanes of asphalt, and that there must be provisions for facilities for pedestrians, bicycles and buses.
Council Member Brown said that the Council made it clear in previous discussions that it wanted no more than four lanes, and she wondered how NCDOT translated that into five lanes. She asked if the Council’s wishes had been taken into consideration. Mr. Bonk said that the State was aware of the Town’s wishes, but was taking into consideration the number of intersections along the road and how many would require turning lanes, and whether a continuous turning lane would be better.
Council Member Brown said that there had been the same kind of discussion about Homestead Road and the State did recognize the Town’s wishes and the matter was reconciled. Mr. Horton said that once the Council made its desires known to the State, then it was inevitable that the State would accept the Council’s wishes.
Mayor Waldorf said that the Council had not yet taken a stand on the number of lanes and it was timely that it articulate its wishes at the beginning of the process. Mr. Horton said that the Council might want to consider using the same information process that they required on N.C. 86, before forming any conclusions. He said the meeting with NCDOT was scheduled for the week of May 17th.
Council Member McClintock said that they must advise people living in the subdivisions in that area, that Sage Road was going to be cut through. She said that she would support a four-lane road or smaller, and would like to see K-values used, the method of hills and dips, to decrease speed.
Council Member Brown asked what process would be used to include the public. Mayor Waldorf answered at the public meeting in May.
Mr. Horton said that the staff would draft a resolution scheduling a meeting for the Council to recommend information and announcing the meeting to the public.
Council Member Foy said that the Council should be aware that building roads attracted traffic. He said the traffic projections assumed that by building a high volume road it would be used for high volume traffic. He said that the Council should question the basis for these projections.
THE COUNCIL RECEIVED THE REPORT BY CONSENSUS.
4d. Performance Agreement with the Chapel Hill-Carrboro Residents’ Council
Council Member Wiggins added the following language to the Work Statement: Section II, Item C second line after “transportation” add “ using the Residents’ Council’s van,…”; Section II, Item D first sentence after “transportation” add “using the Resident’s Council’s van,…”; and Section IV, third line after “activities,” add “summary of the Residents’ van’s use,”.
Council Member Bateman asked if the U.S. Department of Housing and Urban Development (HUD) required formal evaluation of how the money was used. Tina Vaughn answered they did not. Mr. Horton said that the evaluation by the staff would be made based on the points in the agreement itself, not on anything else. He said that there was no good way to measure the success of the organization of residents.
Council Member Bateman asked about the chart that was given out by the Housing and Community Development Advisory Board on the activities and if it was separate from the Performance Agreement. Mr. Horton said that the table they prepared was based on their own assessment. He said that there was a separate pool of money that went directly to the Residents’ Council that the Town had nothing to do with, and the only thing that the staff would evaluate would be funds that the Council provided in terms of the specifics of the Agreement.
Council Member Wiggins asked if the Town had policies and procedures governing the use of the van. Ms. Vaughn answered they did.
Council Member Bateman said that under the Drug Elimination Grant the emphasis was on GED training and skill acquisitions, and asked if that was a need expressed by the residents. Jo Ann Shirer-Mitchell responded yes, adding that the last GED training session was at the South Estes Community Center, but that it was now coordinated by the Skills Development Center. She said that most of the residents provided their own transportation to the Center, but that for a larger group, the Drug Elimination and the Residential Center were coordinating transportation. Ms. Shirer-Mitchell said that by having the Skills Development Center do the training, it was saving the Drug Elimination Grant money, because the Center was right downtown and a teacher from Durham did not have to be brought in.
COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER MCCLINTOCK, TO ADOPT RESOLUTION 5. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION AUTHORIZING THE MANAGER TO EXECUTE A PERFORMANCE AGREEMENT WITH THE TOWN AND THE CHAPEL HILL-CARRBORO RESIDENTS’ COUNCIL (99-2-22/R-5)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the
Council authorizes the Town Manager to execute a Performance Agreement, as
amended, with Chapel Hill-Carrboro Residents’ Council in the amount of $52,000.
This the 22nd day of February, 1999.
4f. Restriction of Traffic Flow on Carr Street
Council Member Evans expressed her opposition to making any of the downtown streets one-way and felt that the Town could find a more creative way to deal with the problem. She said that it would disturb the grid pattern, and would be counter to the intent to make the neighborhoods a more pedestrian and livable community. Mr. Small said that the intersection was a safety concern not just for the Fire Department, and that the current use of a convex mirror was only a band-aid. He asked if a 90-day or six-month trial would be possible, followed by an assessment. Mr. Small noted the staff would do traffic counts.
Council Member Foy asked if the neighbors had been notified. Mr. Small said that 70 residents had received a survey.
COUNCIL MEMBER MCCLINTOCK MOVED, SECONDED BY MAYOR PRO TEM CAPOWSKI, TO ADOPT ORDINANCE 3, AS AMENDED, TO INCLUDE A 90-DAY STUDY PERIOD.
Council Member Evans asked if a traffic survey had been done on Carr Street and if the cut-through could be blocked. Mr. Horton said that it could not because it would hamper the Fire Department in responding to emergencies.
Mayor Waldorf asked if this would be a temporary ordinance. Mr. Horton said that the ordinance would be in effect for 90 days, followed by a report from the staff. He said that another notice would be sent to the neighbors for comments.
Mayor Waldorf said that she felt the Town should make the street one-way, not just for 90 days, and without a study. She said that it needed to be done permanently, not just temporarily, as it was a very unsafe intersection.
Council Member Brown asked if the Council needed to be more specific about what kind of information was needed. Mr. Small said that the staff would try to get counts on the streets effected, and at the end of 90 days they would hear comments from the residents in the neighborhood.
Council Member Brown asked if it could come back to the Council as a regular agenda item, rather than part of the Consent Agenda. Mr. Horton said that it probably would take until fall to do the trial and prepare a report.
Mayor Waldorf said she would vote against the ordinance, feeling that it should not be temporary.
THE MOTION WAS ADOPTED BY A 5-4 VOTE, WITH COUNCIL MEMBERS BATEMAN, BROWN, CAPOWSKI, MCCLINTOCK, AND WIGGINS VOTING AYE, AND MAYOR WALDORF AND COUNCIL MEMBERS EVANS, FOY, AND PAVĂO VOTING NAY.
AN ORDINANCE
AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES
(99-2-22/O-3)
BE IT ORDAINED by the Council of the Town of Chapel Hill:
SECTION I
That Section 21-10 of the Town Code of Ordinances, “One-way streets” is amended by inserting the following:
(p) Traffic on Carr Street between N. Columbia Street to Pritchard Avenue shall move only
in a westerly direction.
SECTION II
This ordinance shall become effective upon adoption and shall expire 90 days thereafter.
SECTION III
All ordinances and portions of ordinances in conflict herewith are hereby repealed.
This the 22nd day of February, 1999. (First
Reading)
Attorney Ralph Karpinos advised the Council that the Ordinance would have to come back to them for a second vote.
5d. Response to Rev. Jill Eden’s Petition Regarding Emergency Shelter for Teens
Council Member Bateman said that she would like to thank Police Chief Pendergraph and his staff for their efforts in response to the petition regarding homeless teens. She asked for an oral presentation by Chief Pendergraph.
Chief Pendergraph said that the memorandum was in response to a petition presented to the Council on January 25, 1999 by the Rev. Jill Edens proposing that a shelter be established in Chapel Hill to provide emergency shelter for homeless teenagers. He said that he had met with Rev. Edens and that they had agreed there were many issues involved in teenage homelessness. Chief Pendergraph said that some were homeless through their own choice, and some were homeless through their parents’ choice. He discussed these issues with Marty Pryor-Cook, Orange County Department of Social Services Director, (DSS) and she agreed to head a study and provide staff to evaluate the situation which should take no more than 3 months. Chief Pendergraph said the situation needed professional evaluation. He said that if anything of an emergency nature arose before the end of those three months he would be in touch with Mr. Horton and the Council. Chief Pendergraph noted that additional service providers and concerned citizens had expressed a willingness to be included in the process.
Council Member Bateman asked if some representatives could be added from the Chapel Hill public schools and Charter Schools, Mental Health and the Interfaith Council’s community kitchen. Chief Pendergraph thought that, with the staff and community group, their input would be respected.
Council Member Bateman asked what the status was of an application for a grant to provide a Social Worker to work with the Police Department’s Crisis Unit. Chief Pendergraph said none had been found as yet.
Council Member Bateman again thanked the Police Department for leading the coordination and addressing the problem. She then read a letter from Rev. Edens. asking:
1. “What is the mechanism for addressing the need for emergency housing on bitterly cold evenings such as tonight? Do the police aggressively seek out homeless teens? How are teens supposed to be in touch with Orange County Social Services if they need emergency housing? If a teen finds that they have nowhere to stay on a night like tonight are they expected to call DDS? Go to the police station? How would they know what to do?
2. Will a staff person be assigned to this problem by DDS or staff? I hope that the Town will request a staff person who would be given visibility and would be accountable for the progress that is made in connecting homeless young people with needed services.”
Chief Pendergraph said he had already discussed the second question, and, in answer to the first question, said that no one would be thrown out in the cold. He said that if they were not allowed in the shelter, which was not a good place for children, they would be placed somewhere warm. He said that if they refused, they would have to be committed. He said that the DDS would be called if the person was a minor.
Mr. Horton praised the Chief and the staff of the Police Department for their expertise and professionalism. He said that Chapel Hill was fortunate to have such dedication, and it was very unusual to find such dedicated staff in a police department.
THE REPORT WAS RECEIVED BY THE COUNCIL.
Roger Waldon, Planning Director, reviewed the six options the staff had developed. He said that there were two communities in North Carolina that had adopted Adequate Public Facilities Ordinances: Cary and Currituck County. Mr. Waldon reviewed several options for the Council to consider: A) Currituck Approach; B) Modified Currituck Approach; C) Cary Approach; D) Classic Adequate Public Facilities Approach; E) Use Rezoning to Work Within Existing Chapel Hill Framework; and F) Decide Not to Pursue Further. He said that the staff suggested Option E if the Council decided it wanted to adopt an ordinance, because it was well-suited to the context in Chapel Hill. Mr. Waldon said that, if the Council did consider a plan, following adoption of the Comprehensive Plan, it could designate what areas of the Town were not adequately served by public facilities and then rezone those areas to adjust to the intensity that would be allowable.
Council Member Brown said that the Council could adopt several of the resolutions and call a Public Hearing to hear comments from the public. She said that the Council could put Resolution 12 into motion if it decided to put everything on the table. Council Member Brown said it might be a good way to proceed.
Council Member Bateman asked Council Member Brown if she was talking about just having a Public Hearing basically on the concept of an Adequate Public Facilities Ordinance with these options as examples.
Council Member Brown said that the Council could adopt Resolutions 9, 10 and 11 and call for the Public Hearing on the same night, and adopt Resolution 12, calling for the instruction to the Town Manager to prepare a Rezoning Proposal upon the Council’s adoption of the Comprehensive Plan.
Council Member Bateman felt that the Council could not adopt Resolution 12 without hearing from the public.
Council Member Brown said that a Public Hearing was not included in Resolution 12.
Council Member McClintock said that she felt that some parts of all the resolutions were appealing, except Resolution 13, because that is basically what the Town was doing at the present time. She said that Option A was the simplest; B took away water and sewer; C really focused on roads, which she like because of its specificity; and D was the most comprehensive, except it would take a long time to develop.
Council Member Evans said that some of the attached reports went back as far as the 1980’s. She said that Option E had worked well in the community and all the facilities were working well. Council Member Evans said that the other issue was that Chapel Hill did not have control over water and sewer, main roads, landfill, Carrboro’s development, and the University’s development, all of which used the same infrastructure. She said that if an Adequate Public Facilities Ordinance was adopted, the Capital Improvement Program would have to be greatly expanded and there would be a large raise in taxes. Council Member Evans said that the Council needed to examine whether the Town had already achieved adequate public facilities. She said that developers would be pushed out to the rural areas. Council Member Evans said that the Council needed to look at all the implications and all the parts that the Town had no control over. She said that this was not the first time that the ordinance had been proposed and not enacted.
Mayor pro tem Capowski asked Mr. Waldon why the Cary option did not include schools. Mr. Waldon said that Cary had not adopted that yet.
Mayor pro tem Capowski said that if the Council adopted the Adequate Public Facilities Ordinance consideration, it should include a resolution which included a Public Hearing. He said it should be based on the schools. Mayor pro tem Capowski also called Mr. Waldon’s attention to the paragraph titled “Disadvantages” in Option D and said that the County and the Department of Transportation did not make the decisions on Special Use Permits in Chapel Hill. He said that the Council needed to extend the consideration of an Adequate Public Facilities Ordinance based on the reality of the needs, which should include State roads and schools. Mayor pro tem Capowski requested that the Cary Ordinance be put on the agenda for the Public Hearing. He requested that the word “roads” refer to all roads, not just Chapel Hill roads.
COUNCIL MEMBER BROWN MOVED TO ADOPT RESOLUTION 9, RESOLUTION 10, RESOLUTION 11, AND TO ADOPT RESOLUTION 12, INCLUDING AN AMENDMENT TO CALL A PUBLIC HEARING.
Mayor Waldorf asked Council Member Brown why she had not included Resolution 13.
Council Member Brown said that there already was a group working on it and it would be premature, but that she would be glad to include Resolution 13.
Mayor Waldorf asked Council Member Brown if she would include referring it to all the Town boards, school board, and the County. Council Member Brown had no objection, and said that she would like the reports back before the May 17th Public Hearing.
COUNCIL MEMBER BATEMAN SECONDED THE MOTION WITH AN AMENDMENT TO INCLUDE RESOLUTION 13, ADDING THAT IT BE REFERRED TO THE COMPREHENSIVE PLAN WORK GROUP. COUNCIL MEMBER BROWN ACCEPTED THE AMENDMENT.
Council Member McClintock said that she would also like water and sewer included for discussion.
Council Member Wiggins said that she supported Mayor pro tem Capowski’s wishes that the schools be part of the discussion. She said that the Council had to make a connection between what it did and what effect it had on how the city school system made plans for new schools. Council Member Wiggins said that each time the Council approved a develpment, the schools got out of balance and had to redistrict. She felt it was important that the Council do what it could to keep the school system informed.
Council Member Evans asked how the passage of an Adequate Public Facilities Ordinance could affect the school system, or water and sewer, or the landfill because a Chapel Hill ordinance would not have control over Carrboro and Orange County. She said that passage of the ordinance could get Chapel Hill into the courts.
Council Member Brown said that Resolutions 12 and 13 should have Public Hearings included for the same night as the other resolutions—May 17th.
Council Member Pavăo asked if this would be an inordinate amount of work for the staff to put together for a Public Hearing, since so many points were being covered. Mr. Horton said it would not be a burden.
Council Member Pavăo asked if there would be adequate public information as to what an Adequate Public Facilities Ordinance would be. Mr. Horton said that they could not generate much more information than they already had done to describe it. He said that more work would be involved in getting the reports back from the various agencies and putting it together for the Council.
THE MOTION, AS AMENDED, WAS ADOPTED 7-2, WITH MAYOR WALDORF AND COUNCIL MEMBERS BATEMAN, BROWN, CAPOWSKI, FOY, MCCLINTOCK, AND WIGGINS VOTING AYE, AND COUNCIL MEMBERS EVANS AND PAVĂO VOTING NAY.
A RESOLUTION
CALLING A PUBLIC HEARING TO CONSIDER ADDING ADEQUATE PUBLIC FACILITY PROVISIONS
TO THE CHAPEL HILL DEVELOPMENT ORDINANCE (99-2-22/R-9)
WHEREAS, the Chapel Hill Town Council has expressed interest in the concept of an Adequate Public Facilities Ordinance to address concerns associated with new growth; and
WHEREAS, the Town Council has indicated a desire to consider adding Adequate Public Facilities provisions to the Chapel Hill Development Ordinance;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby calls a Public Hearing for Monday, May 17, 1999, 7:00 p.m., to consider amending Chapel Hill’s Development Ordinance to add Adequate Public Facilities provision modeled after Currituck County’s Adequate Public Facilities Ordinance.
BE IT FURTHER RESOLVED that the Town Council refers the proposal to the Planning Board and the Transportation Board for consideration and recommendation.
This the 22nd day of February, 1999.
A RESOLUTION
CALLING A PUBLIC HEARING TO CONSIDER ADDING ADEQUATE PUBLIC FACILITY PROVISIONS
TO THE CHAPEL HILL DEVELOPMENT ORDINANCE (99-2-22/R-10)
WHEREAS, the Chapel Hill Town Council has expressed interest in the concept of an Adequate Public Facilities Ordinance to address concerns associated with new growth; and
WHEREAS, the Town Council has indicated a desire to consider adding Adequate Public Facilities provisions to the Chapel Hill Development Ordinance;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby calls a Public Hearing for Monday, May 17, 1999, 7:00 p.m., to consider amending Chapel Hill’s Development Ordinance to add Adequate Public Facilities provision modeled after Currituck County’s Adequate Public Facilities Ordinance, but adapted to better reflect a municipal context.
BE IT FURTHER RESOLVED that the Town Council refers the proposal to the Planning Board and the Transportation Board for consideration and recommendation.
This the 22nd day of February, 1999.
A RESOLUTION
CALLING A PUBLIC HEARING TO CONSIDER ADDING ADEQUATE PUBLIC FACILITY PROVISIONS
TO THE CHAPEL HILL DEVELOPMENT ORDINANCE (99-2-22/R-11)
WHEREAS, the Chapel Hill Town Council has expressed interest in the concept of an Adequate Public Facilities Ordinance to address concerns associated with new growth; and
WHEREAS, the Town Council has indicated a desire to consider adding Adequate Public Facilities provisions to the Chapel Hill Development Ordinance;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby calls a Public Hearing for Monday, May 17, 1999, 7:00 p.m., to consider amending Chapel Hill’s Development Ordinance to add Adequate Public Facilities provision modeled after the Town of Cary’s Adequate Public Facilities Ordinance for roads.
BE IT FURTHER RESOLVED that the Town Council refers the proposal to the Planning Board and the Transportation Board for consideration and recommendation.
This the 22nd day of February, 1999.
A RESOLUTION
DIRECTING THE TOWN MANAGER TO PREPARE A PROPOSAL, BUDGET AND SCHEDULE FOR
DEVELOPMENT OF AN ADEQUATE PUBLIC FACILITIES SYSTEM (99-2-22/R-12)
WHEREAS, the Chapel Hill Town Council has expressed interest in the concept of an Adequate Public Facilities Ordinance to address concerns associated with new growth; and
WHEREAS, the Town Council has indicated a desire to investigate the classic Adequate Public Facilities approach;
WHEREAS, the Town Council has indicated that the classic Adequate Public Facilities approach involves the concept of delaying development until public funds or developer funds are spent to correct existing infrastructure deficiencies. New development must build additional infrastructure to mitigate any deficiencies it would create.
NOW, THEREFORE, BE IT
RESOLVED by the Council of the Town of Chapel Hill that the Council hereby
directs the Town Manager to prepare a proposal, budget and schedule for
development of a full Adequate Public Facilities system which would include:
1. Defining adequacy for a series of public facilities.
2. Defining a specific geographic area served by key facilities.
3. Determining the adequacy of each facility for each geographic area, identifying specific current deficiencies.
4. Preparing a Capital Improvements Program, with identified funding sources and schedule for construction, to correct identified deficiencies.
BE IT FURTHER RESOLVED by the Town Council that the intent of the effort is to ultimately adopt an ordinance, linked to study and capital program, stating that no additional development can occur in a geographic area unless and until all public facilities are adequate.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby calls a Public Hearing for Monday, May 17, 1999, 7:00 p.m., to consider amending Chapel Hill’s Development Ordinance to add Adequate Public Facilities provision modeled after Currituck County’s Adequate Public Facilities Ordinance.
BE IT FURTHER RESOLVED that the Town Council refers the proposal to the Planning Board and the Transportation Board for consideration and recommendation.
This the 22nd day of February, 1999.
A RESOLUTION
DIRECTING THE TOWN MANAGER TO PREPARE A TOWN-WIDE REZONING PROPOSAL FOR COUNCIL
CONSIDERATION FOLLOWING ADOPTION OF THE COMPREHENSIVE PLAN UPDATE
(99-2-22/R-13)
WHEREAS, the Chapel Hill Town Council has expressed interest in the concept of an Adequate Public Facilities Ordinance to address concerns associated with new growth; and
WHEREAS, the Town Council has indicated a desire to instead work within the existing Chapel Hill framework by using Chapel Hill’s existing regulations to more specifically address situations where public facilities are considered inadequate;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby directs the Town Manager to:
1. Upon completion of the Comprehensive Plan, identify which facilities are inadequate;
2. Use existing information to identify problem areas of Town with respect to those facilities; and
3. Initiate the rezoning process for those areas to significantly lower allowable intensities of development.
BE IT FURTHER RESOLVED by the Town Council that the Council would consider rezoning areas back to higher intensity zones when facilities are upgraded or when a development proposal is provided that addresses the problems.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby calls a Public Hearing for Monday, May 17, 1999, 7:00 p.m., to consider amending Chapel Hill’s Development Ordinance to add Adequate Public Facilities provision modeled after Currituck County’s Adequate Public Facilities Ordinance.
BE IT FURTHER RESOLVED that the Town Council refers the proposal to the Planning Board, the Transportation Board, Comprehensive Plan Work Group, OWASA, Chapel Hill-Carrboro City Schools, and Orange County for consideration and recommendation.
This the 22nd day of February, 1999.
Mayor pro tem Capowski requested that Mayor Waldorf write a letter to the four public utilities serving Chapel Hill—Public Service, Duke Power, Southern Bell, and Time Warner—as to their ability to support growth in Chapel Hill, and to request a brief response.
Mr. Horton said that when the Council met to consider additional goals for 1998-1999, the Council removed 2 items from the list of 35 proposed goals as items to be worked on by the staff. He said that a priority-setting process was set for the remaining 33 proposed goals and objectives, and that one set of goals received 5 votes, two goals received 4 votes, and the remaining received 0-3 votes. Mr. Horton said that the goals receiving fewer than 4 votes were labeled as “Additional” and would be taken into account by the Manager and appropriate department heads as budget preparations and work plans were carried out in 1998-1999.
COUNCIL MEMBER PAVĂO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 15, ADDING GOALS FOR 1998-1999. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION ADDING COUNCIL GOALS AND OBJECTIVES FOR 1998-1999
(99-2-22/R-15)
WHEREAS, the Council met on January 16, 1999, to develop additional goals and objectives for 1998-1999; and
WHEREAS, the Council engaged in a process to designate priorities for goals and objectives;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council establishes the following goals and objectives in priority categories as indicated:
Important Goals:
1. Continue emphasis on Downtown.
2. Improve aesthetics in Downtown and other areas and how we collect trash in Downtown.
3. Try to make Downtown center of community with more activity.
4. Find out possible economic impact of arts on community – cooperate with Orange County and Carrboro.
5. Add small buses to system this year.
Additional Goals:
The following additional goals suggested by Council Members will be taken into account by the Manager and the appropriate department heads as work plans are carried out in 1998-1999. These additional goals will receive attention as resources permit and consistent with the need to focus resources on the higher priority goals of the Council:
|
6.
Tree planting
should accompany sidewalk improvements. |
|
7.
Safety in
Downtown and neighborhoods. |
|
8.
Reduce garbage
pickup to once a week. |
|
9.
Actions Council
can take on sedimentation control. |
|
10.
Focus on
recruiting/orienting/training/retaining highly productive work force. |
|
11.
Look for ways to
broaden tax base. |
|
12.
No more than $.01
tax increase. |
|
13.
Start
pay-as-you-throw system. |
|
14.
Increase outreach
to Hispanic population with regards to public housing. |
|
15.
Examine cost of
living in Chapel Hill and effect of Town policies. |
|
16.
More
environmental consideration in Development Ordinance. |
|
17.
Consider changing
parking lot regulations to be pedestrian friendly. |
|
18.
Increase study
area for transportation impact; up-to-date figures on intersections; air
quality data (re: development review). |
|
19.
Fix up edges of
major roads to accommodate bicycles. |
|
20.
Staff report on
impact zoning for Council discussion. |
|
21.
Report on impact
fees; how it’s used to pay for cost of development. |
|
22.
Review cost of
our development regulations. |
|
23.
Alternative-fuel
vehicles—start pilot project. |
|
24.
Expand integrated
pest control management to all buildings and grounds. |
|
25.
Develop 5-year
plan for new swimming pool—how to pay for it. |
|
26.
Explore ways in
which outside cars can help to pay transportation costs. |
|
27.
Improve leaf
vacuuming operation (faster). |
|
28.
Improve
landscaping at Ephesus and Eastgate. |
|
29.
Look at ways to
save trees during development. |
|
30.
3-year cycle for
computers with internal services funds. |
|
31.
Improve homepage
website (look better/easier to use). |
|
32.
Get additional
radio frequencies for emergency services. |
|
33.
Method to
evaluate our development decisions with relation to cost and diversity. |
This the 22nd day of February, 1999.
12a. Petitions by the Mayor and
Council Members
Council Member Foy asked if the University was finished with the landscaping at the Horace Williams Airport. Mr. Horton answered they were not, noting they expected to have a final landscape plan to the Town by March 15th. He said that the Town would be responsible for the right-of-way, and that he would ask the University for a full plan for the Council’s consideration.
Mayor pro tem Capowski asked if there were any University plans to cut the trees on the east side of Airport Road. Mr. Horton said that in his last discussion with University officials no determination had been made.
Mayor pro tem Capowski asked Mr. Horton to find out the University’s plans for this area.
4a. January 11, 1999 Summary Minutes
Mayor pro tem Capowski referred to Attorney Michael Brough’s memo of February 18, 1998, requesting deletions and additions to these minutes. He read the changes:
· On page 54, delete the last paragraph with the four bullets.
· On page 55, delete the top two bullets.
· On page 55, delete the next paragraph with the three bullets.
· On page 55, after the next paragraph which begins “NOW, THEREFORE…”, insert the paragraph from Mr. Brough’s memo: “BE IT FURTHER RESOLVED that the Council makes the foregoing findings for all the reasons expressed by each of the Council Members who voted in favor of this resolution, as those reasons are set forth in the verbatim transcription (approved as part of the minutes) of the Council’s deliberations on the motion to approve this resolution.”
Council Member Evans asked why these changes should be made to the resolution. She said that the record was the record, and reflected what was decided. She said that making those changes would be illegal, immoral and reprehensible.
Mayor pro tem Capowski said that he felt that the Town had hired Mr. Brough to defend the Town, and that he had confidence in his experience that this change was legal. He said that the deletions were not substantial, and everything still remained in the verbatim transcription.
Council Member Bateman said that she was troubled about the Council making amendments to the resolution.
Mayor pro tem Capowski said that nothing was being deleted because everything was in the verbatim transcription.
Council Member Foy said that the whole record was going forward, and if the attorney was asking for the change, then the Council should do as requested.
Council Member Pavăo said that he was also troubled with changing the minutes. He said he wanted the attorney to be able to defend the Town, but wondered if the Town had ever changed resolutions. Mr. Karpinos answered not to his recollection.
Council Member Pavăo said that Council Member Foy was correct, but it seemed to be a manipulation of how the wording was written.
Council Member McClintock said that the Council had a right to look at the minutes, and to respond to the hired attorney’s suggestions. She said that the Council was not changing what they did, but just adding four lines.
Mayor pro tem Capowski said that he had more changes suggested by Mr. Brough:
· On page 63, delete the last paragraph, including the four bullets.
· On page 64, delete the first three paragraphs.
· On page 64, leave intact the paragraph, “NOW, THEREFORE…”, and after that paragraph, insert the change from Mr. Brough’s memo, “BE IT FURTHER RESOLVED that the Council makes the foregoing findings for all the reasons expressed by each of the Council Members who voted in favor of this resolution, as those reasons are set forth in the verbatim transcription (approved as part of the minutes) of the Council’s deliberations on the motion to approve this resolution.”
Council Member McClintock had some changes to make, which she felt had been typos. She said:
· On page 52, in the last sentence, delete “the oldest,” which she felt should have been “this.”
· On page 37, in the last paragraph, she felt that the name “Broadwell” should be “McAndrews.”
Council Member Evans asked for the Town Attorney’s advice. Mr. Karpinos asked if the Council wished to hear his response in a Public Session. The Council responded they did not.
Council Member Evans asked why the Council was being asked to take action without advice of the Town Attorney.
Mayor Waldorf said that the minutes were always approved in Public Session. She stated that she was going to vote against this change.
Council Member Pavăo said that he also would vote against it.
MAYOR PRO TEM CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER MCCLINTOCK, TO MAKE THE CHANGES TO THE MINUTES OF JANUARY 11, 1999, AS REQUESTED BY ATTORNEY MICHAEL BROUGH, AND THE CHANGES SUGGESTED BY COUNCIL MEMBER MCCLINTOCK. THE MOTION FAILED BY A VOTE OF 5-4, WITH MAYOR WALDORF AND COUNCIL MEMBERS BATEMAN, EVANS, PAVĂO, AND WIGGINS VOTING NAY, AND COUNCIL MEMBERS BROWN, CAPOWSKI, FOY, AND MCCLINTOCK VOTING AYE.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO APPROVE THE JANUARY 11, 1999 MINUTES AS WRITTEN. THE MOTION WAS ADOPTED 8-1, WITH MAYOR WALDORF AND COUNCIL MEMBERS BATEMAN, BROWN, CAPOWSKI, EVANS, FOY, PAVĂO, AND WIGGINS VOTING AYE, AND COUNCIL MEMBER MCCLINTOCK VOTING NAY.
4g. Payment of Annual Dues to The Greater Triangle Regional Council
Council Member McClintock said that she would like to request that the Council write a letter to the Greater Triangle Regional Council to give some feedback on the various proposals for diversity in the Triangle area. She said that the Council could bring back the discussion on dues at a later meeting, but she felt that the Council needed some input.
Council Member Brown said she had pulled the item because she did not think that the Town should pay the dues and she wanted the opportunity to vote against it. She said that the Council already supported Triangle J Council of Governments.
Council Member Foy said that he was not opposed to paying the dues, but he would like to discuss the work being done by the group.
Mayor pro tem Capowski asked what the Town would receive for the $2,000 dues.
Mayor Waldorf said nothing concrete, but that the dues would be in support of development choices.
Council Member Evans said that the next step for the Greater Triangle Regional Council was to take growth choices out to the community, and that supporting Triangle J had nothing to do with paying the dues. She said that the Greater Triangle Regional Council paid Triangle J Council of Governments to do the work. Council Member Evans said that they needed the funding to reach out to the communities in the region on various growth problems and possibilities, and to get feedback.
Council Member McClintock said that she would not support paying the dues, and that she would like it put on a future agenda for discussion.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO ADOPT RESOLUTION 6. THE MOTION WAS ADOPTED 6-3, WITH MAYOR WALDORF AND COUNCIL MEMBERS BATEMAN, EVANS, FOY, PAVĂO, AND WIGGINS VOTING AYE, AND COUNCIL MEMBERS BROWN, CAPOWSKI, AND MCCLINTOCK VOTING NAY.
A RESOLUTION AUTHORIZING PAYMENT OF ANNUAL DUES TO THE GREATER TRIANGLE
REGIONAL COUNCIL (99-2-22/R-6)
BE IT RESOLVED by the
Council of the Town of Chapel Hill that the Council authorizes the payment of
annual dues for 1999 to The Greater Triangle Regional Council in the amount of
$2,000.
This the 22nd day of February, 1999.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO ADOPT ORDINANCE 4. THE MOTION WAS ADOPTED 6-3, WITH MAYOR WALDORF, AND COUNCIL MEMBERS BATEMAN, EVANS, FOY, PAVĂO, AND WIGGINS VOTING AYE, AND COUNCIL MEMBERS BROWN, FOY AND MCCLINTOCK VOTING NAY.
AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1998 (99-2-22/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
APPROPRIATIONS Budget Increase Decrease Budget
Contingency 39,190 2,000 37,190
Mayor/Council 178,476 2,000 179,476
This the 22nd day of February, 1999.
Council Member McClintock said that the wanted this issue brought back to the Council for discussion.
12b.
Mr. Horton said that Chatham County officials had requested a follow-up meeting to the joint meeting held on October 1, 1998 with Orange County governments be scheduled for March 10th, at 7:00 p.m.
Council Member McClintock said that date would not work unless Orange County had come back with their resolution by that date.
COUNCIL MEMBER WIGGING MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 16 TO AMEND THE COUNCIL CALENDAR. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION AMENDING THE COUNCIL’S MEETING CALENDAR
(99-2-22/R-16)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby amends its meeting calendar by adding a joint meeting with Chatham County, Orange County, Carrboro and Hillsborough for March 10th at 7 p.m. The meeting location would be determined at a later date.
This the 22nd day of February, 1999.
Mayor Waldorf asked Mr. Horton to write a letter to the County Managers, that the Chapel Hill Council was desirous that the Counties address this issue.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO ADJOURN THE MEETING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
The meeting was adjourned at 11:12 p.m.
The minutes of February 22, 1999 were adopted on the 12th
day of April, 1999.
__________________________________________
Joyce A. Smith, CMC
Town Clerk