SUMMARY MINUTES OF A REGULAR BUSINESS MEETING
OF THE CHAPEL HILL TOWN COUNCIL
MONDAY, APRIL 12, 1999 AT 7:00 P.M.
Mayor Rosemary Waldorf called the meeting to order at 7:00 p.m.
Council Members present were Flicka Bateman, Joyce Brown, Joe Capowski, Pat Evans, Kevin Foy, Lee Pavăo, and Edith Wiggins. Council Member Julie McClintock arrived at 7:10 p.m. Staff members present were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Town Attorney Ralph Karpinos, Assistant to the Manager Ruffin Hall, Transportation Director Bob Godding, Housing Director Tina Vaughn, Library Director Kathy Thompson, Transportation Planner David Bonk, Parks and Recreation Director Kathryn Spatz, Planning Director Roger Waldon, Human Services Coordinator Karen Rose, and Town Clerk Joyce Smith.
a. National
Volunteer Recognition Week
Mayor Waldorf read a proclamation declaring the designation of National Volunteer Recognition Week April 18-24, 1999 in recognition of the volunteers in the Town of Chapel Hill.
REGARDING NATIONAL VOLUNTEER WEEK AND THOSE
GENEROUS CITIZENS WHO GIVE THEIR TIME AND BEST EFFORTS TO THE TOWN OF CHAPEL
HILL
WHEREAS April 18-24, 1999 has been
designated as National Volunteer Week, and
WHEREAS volunteering is a powerful force
for the solution of human problems and the creative use of human resources is
essential to a healthy, productive and humane society; and
WHEREAS it is ever more in evidence that
our community’s greatest resource is its people, and
WHEREAS many Town departments and
organizations benefit from volunteers who enthusiastically share their skills
and talents throughout the year by serving on boards, commissions, task forces
and by serving in a myriad of other ways, and
WHEREAS the Town wishes to show
appreciation and recognition to these many volunteers, and
WHEREAS we are seeking even more
contribution of human resources in volunteerism as we approach the new
millennium:
NOW, THEREFORE, I, Rosemary Waldorf, Mayor of the
Town of Chapel Hill, wish to honor and to thank the dedicated citizens of this
community who give so generously of their valuable time, energies and abilities
by proclaiming this week of April 18-24, 1999 to be officially designated as
And in
doing so, I charge those interested citizens to observe this week by seeking
some area in the community in which they can devote a few hours each week and
give aid to people or programs needing assistance.
b. National Library Week
Mayor Waldorf read a proclamation declaring the designation of National Library Week April 11-17, 1999 in recognition of the Chapel Hill libraries—public, school and university.
WHEREAS, our nation’s public, school and academic
libraries provide all people with books, computers, audio tapes and other
resources to enrich their lives; and
WHEREAS, librarians protect the right of all Americans
to read, learn and connect to information representing all points of view; and
WHEREAS, libraries are vital to building a nation of
readers and creating a lifelong love of reading among our children and youth;
and
WHEREAS, millions of Americans rely on libraries for
their only access to computers and the Internet, allowing them to get connected
to our global society; and
WHEREAS, librarians provide the essential support and
education needed by children, teenagers and adults alike in their search for
knowledge, information and entertainment; and
WHEREAS, libraries and library supporters nationwide are
celebrating National Library Week with the theme “Read! Learn! Connect! At the
Library”;
NOW, THEREFORE, BE IT RESOLVED that I,
Rosemary I. Waldorf, Mayor of the Town of Chapel Hill, do hereby proclaim April
11-17, 1999, as
NATIONAL
LIBRARY WEEK
in Chapel Hill and encourage all people to “Read! Learn! Connect!” by exploring the riches available at our public, school and university libraries.
Item 2 – Public Hearings
(none)
3a. Petitions
by Citizens
1.
Edie Allen
Mayor Waldorf noted that Ms. Allen had written a letter petitioning the Council to authorize the closing of Franklin Street for the Third Annual Walk for Education on September 18, 1999.
COUNCIL MEMBER PAVĂO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO RECEIVE AND REFER MS. ALLEN’S PETITION TO THE TOWN MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
2. Bill Strom, member of the OWASA Board of Directors and a representative to the Joint Parks and Recreation Master Plan Committee (verbatim transcript)
Mr. Strom: “Good evening, Madam Mayor and Council Members. I’m Bill Strom. I’m a member of the OWASA Board and I’m also a member of the Joint Master Parks and Recreation Planning Committee. And I’m not coming to you tonight as a member of either of those groups but I’m going to present some information that I’ve gained and I want to bring it forward through my participation in those groups.
“The Joint Master Parks and Recreation Committee has had excellent participation of all the municipalities in Orange County—Carrboro, Chapel Hill, Hillsborough. OWASA has participated and the School Boards have participated as well. And one of the primary tasks of that group was to identify land within their system that could be considered as potential for parks and recreation use. And OWASA took the request from the Parks and Recreation Committee very seriously and staff produced a spreadsheet identifying all of the OWASA land that is in the OWASA system. And the Board received that report back in October.
“I noticed that two of the parcels are inside Chapel Hill’s city limits and from my point of view, they have excellent parks and open space potential. So I’m coming forward tonight to talk about…briefly about two parcels. One, Nunn Mountain which is a 25-acre parcel off of Piney Mountain Road and two, what OWASA refers to as Hilltop which is off of Hilltop Street, near Lincoln Center, which is a 17-acre parcel. These two parcels together would add, from my understanding, over 10% to the park and open space inventory of the Town.
“So, my petition is for the Council to formally request that the OWASA Board of Directors dedicate these two surplus properties to the Town. I think the Town and its citizens could benefit by having this in open space inventory and also refer this to the Greenways and Parks Commissions to get some ideas on how they can be used. Given the shortage of open space and public land in Town, I think that having them in the park system certainly would benefit citizens.
“And just briefly I‘d like to thank and compliment Chapel Hill leaders along with the other members of the Joint Parks and Recreation Planning Committee for their hard work and the coordination. Intergovernmental sharing of staff and elected officials is really going to yield a very interesting report later this year. Thanks.”
Mayor Waldorf: “Thank you. Any questions of Bill? Joyce.”
Council Member Brown: “I was just going to make a motion that we receive and refer this and refer it particularly with Bill’s suggestion about keeping this land as open space. Refer it to both the staff and the Greenways and Parks and Recreation Commission.”
Mayor Waldorf: “Okay. Flicka.”
Council Member Bateman: “I just wanted to ask Bill a naďve question. This is land that this Joint Planning Committee looking at possible recreation or…pardon me…parks space has identified and were they also planning to come back to us with recommendations like this? I’m just sort of confused about your doing it as opposed to the committee doing it and why we’re doing it…just this one’s as opposed to a whole package of recommendations.”
Mr. Strom: “And again, I think the recommendation from the Park Planning Committee…Master Parks and Recreation Planning Committee will be much more broad. They will be talking about over all park and rec. shortages within the County. They’ll be talking about funding potentials. They’ll be talking about painting blue and making recommendations like this. OWASA has formally announced that this is surplus property and what I’m saying is the next step needs to be taken now. Somebody needs to say, if it’s surplus, ‘OWASA, may we please have it.’ And that’s what I’d like the Council to do.”
Council Member Bateman: “Okay. So, that’s not part of what that Committee would do.”
Mr. Strom: “Right.”
Mayor Waldorf: “Okay. Pat.”
Council Member Evans: “Well, I remember when we worked with OWASA to grant the Hilltop water tower that that was deeded as open space so they couldn’t turn around and sell for anything, as I recall. But, I’m sure the Manager will come back with that report when he brings this back.”
Mr. Strom: “I believe it’s in the Special Use Permit—the commitment by OWASA to leave it in open space. The point of this petition would be that if the Town had it in its park and open space system, and/or open space system, more citizens would know about it and there’d be more park and open space opportunities for citizens in the community.
Mayor Waldorf: “Joyce.”
Council Member Brown: “I particularly wanted to include the open space because I remember distinctly that when this came before us—the Hilltop—that that was part of it and I would like…. And I think that our neighborhood was concerned about the development of that piece of land that is now an open space in any way. And so I particularly put in the part of leaving it as open space rather than development as parks.”
Mayor Waldorf: “Kevin.”
Council Member Foy: “And Joyce, I wondered if you would be amenable to adding to your motion the first part of Bill’s recommendation which is that we get some formal communication from the OWASA Board of Directors that they would be willing to dedicate this land to the Town of Chapel Hill.”
Council Member Brown: “Yes.”
Mayor Waldorf: “So, the motion then is to refer this to the Greenways…Well, it needs a second. Are you seconding it, Kevin?”
Council Member Foy: “I’ll second it.”
Council Member Brown: “To the staff.”
Mayor Waldorf: “To the staff, the Greenways Commission and the Parks and Rec. Commission for comment and to get formal confirmation from the OWASA Board about the status of these properties and their willingness to turn it over to us.”
Council Member Brown: “ But I also…but I said with particular emphasis on preservation as open space.”
Mayor Waldorf: “Okay. Flicka, did you have something else that you wanted to ask?”
Council Member Bateman: “I was just going to second it.”
Mayor Waldorf: “Okay. Edith.”
Council Member Wiggins: “Would that…. Mr. Manager, could that include the minutes in which that agreement or that SUP was…so that we could see for sure. Because we may not need to take it over if it’s already in there as a special use provision.”
Mr. Horton: “Yes, ma’am.”
Mayor Waldorf: “All right. Thank you very much. All in favor, please say aye.”
The motion was adopted unanimously (8-0).
3.
Martha Drake,
speaking for the Sierra Club
Ms. Drake petitioned the Council regarding the use of pesticides by the Town and her concerns for health and the environment. She requested that the Town make an inventory of the pesticides used, where and how often they were used, and the problems that they were used for. Ms. Drake presented for the Council’s consideration the ordinances used by San Francisco and Cleveland Heights to try Integrated Pest Management, which only used pesticides if non-toxic methods failed.
COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER FOY, TO RECEIVE AND REFER MS. DRAKE’S PETITION TO THE TOWN MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
4.
John Hawkins,
speaking for the Comprehensive Plan Work Group
Mr. Hawkins announced a public forum on April 13, 1999 in the Council Chamber at 7:00 p.m. to receive imput from the public, in order to begin to develop the goals and objectives of the Plan. He noted that the draft of the Plan had been published in the Friday edition of the Chapel Hill Newspaper, and it could also be seen on the website: www/town.ci.chapel-hill.nc.us. Mr. Hawkins urged the public to attend and said that the format would be to start out in small groups and then to come back together to an open forum.
5. Aaron Nelson, a representative of UNC
Mr. Nelson presented a statement in support of the Black Cultural Center on the University of North Carolina campus, and invited all to participate in a community walk on April 17, 1999 at 9:00 a.m. He also passed out pledge forms to the Council.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO ADOPT MR. NELSON’S STATEMENT. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
STATEMENT OF SUPPORT FOR THE 1999 BLACK CULTURAL CENTER COMMUNITY WALK BY THE CHAPEL HILL TOWN COUNCIL
WHEREAS, the Sonja Haynes Stone Black Cultural Center serves as a State-wide and community resource for information and dialogue about the history, culture and contributions of African Americans; and
WHEREAS, the Sonja Haynes Stone Black Cultural Center’s Communiversity program benefits students and parents of the Chapel Hill-Carrboro City School System through literacy programs, homework assistance and Saturday School; and
WHEREAS, members of the community and campus have worked diligently to raise money to build a new home for the Sonja Haynes Stone Black Cultural Center located on the campus of the University of North Carolina at Chapel Hill; and
WHEREAS, students, faculty, staff and members of the campus and greater community are to be commended for raising $4.1 million toward the $9 million effort; and
WHEREAS, the students, faculty and staff of the University of North Carolina at Chapel Hill have joined with the larger Chapel Hill community to endorse the 1999 Black Cultural Center Community Walk on April 17, 1999;
NOW, THEREFORE, WE, THE CHAPEL HILL TOWN COUNCIL do hereby issue this statement of support for the 1999 Black Cultural Center Community Walk, a student led and community-supported event to raise funds and awareness for the Sonja Haynes Stone Black Cultural Center.
This the 12th day of April, 1999.
6.
Bill Roper, Dean of
the School of Public Health
Mr. Roper spoke to the Council regarding the new laboratory building and Council Member Brown’s petition expressing her concerns about its safety hazards. He said that bioterrorism concerns were very much appreciated and he wanted to assure the Council that the building would be a safe facility, level P2, which was less hazardous, and that the University planned to follow all the federal safety rules and would work with the Town to continue to be a good neighbor. Mr. Roper said that the building would be ready for occupancy in about three years.
Council Member Brown thanked Mr. Roper for coming to the Council meeting and addressing her concerns.
COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER FOY, TO RECEIVE AND REFER THE PETITION TO THE TOWN MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Mayor Waldorf asked if the Council would be willing to hear two citizens who wished to speak on Item 9. The Council said they would.
Item 9 – Consideration of Proposed Development Ordinance Text Amendment for
New Zoning District Called Residential-Special Standards
Margo Wilkinson had a letter of petition for the Council in which she expressed her opposition to the ordinance. She said that she was not opposed to affordable housing, but that the proposed new development for the Scarlette Drive/Legion Road section would be too dense. Ms. Wilkinson felt that the new ordinance was being designed for this particular piece of property and that University Heights was for moderate income.
Linda Mews said that she was concerned about a change of zoning for affordable housing. She said that the zoning in Chapel Hill was designed to keep the Town beautiful and she did not feel that the new ordinance would do that. She said that she owned a house on two lots on Scarlette Drive purchased four years ago for $64,000, and wondered if she too would be allowed to put up fourteen houses on the lot. Ms. Mews had a diagram of the single home plats, on which she had indicated with x’s how this would look. She said that the houses would look like tenement houses with the backside of the houses to the street. Ms. Mews said that the houses were too close together and there was nowhere for children to play but in the cemetery. She said that most of the houses in the neighborhood were under the $116,000 projected for the new homes and that lots of people in Chapel Hill had incomes of under $40,000. Ms. Mews said that the neighborhood was diverse and a perfect example of affordable housing, and suggested that the property be used for a small neighborhood park.
Council Member Brown added the following phrase to the Resolution 3, regarding the Pittsboro Street extension: “…and request that the Transportation Advisory Committee vote in support of this resolution and that that support be forwarded to the Board of Transportation.”
Council Member Bateman pulled e and f.
Council Member Foy pulled g.
Council Member McClintock pulled i.
Mayor pro tem Capowski pulled l.
COUNCIL MEMBER PAVĂO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 1, EXCLUDING ITEMS E, F, G, I, AND L. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
(99-4-12/R-1)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the following minutes, resolutions and ordinances as submitted by the Town Manager in regard to the following:
|
a. |
Minutes of February 17, 22, 23 and March 1 and 15, 1999. |
|
b. |
Response to request by the North Carolina Hillel Foundation for expedited processing of Special Use Permit application (R-2). |
|
c. |
Resolution requesting removal of Pittsboro Street extension from the Chapel Hill/Carrboro Thoroughfare Plan (R-3). |
|
d. |
Resolution authorizing use of residual funding from Community Development grant to EmPOWERment, Inc (R-4). |
|
h. |
Ordinance revising definitions of categories of positions in the Personnel Ordinance (O-1). |
|
j. |
Resolution approving a Family Self-Sufficiency program for residents in public housing (R-8). |
|
k. |
Resolution authorizing the Manager to execute an encroachment agreement with the owners of the Four Corners building and to prepare final drawings and budget estimates for public improvements to Courthouse alley (R-9). |
|
m. |
Resolution supporting fair treatment of local retailers and local and state governments in the regulation of electronic commerce (R-11). |
This the 12th day of April, 1999.
A RESOLUTION DIRECTING EXPEDITED PROCESSING IN THE REVIEW OF THE
SPECIAL USE PERMIT APPLICATION FOR THE NORTH CAROLINA HILLEL FOUNDATION
(99-4-12/R-2)
WHEREAS, the Town Council has received a petition from Rabbi Edward Elkin for expedited processing of the Special Use Permit application for the North Carolina Hillel Foundation’s proposed new building construction; and
WHEREAS, the development involves a public interest as it would serve a student population of the University of North Carolina at Chapel Hill; and
WHEREAS, the N.C. Hillel Foundation is interested in opening its new facility at the beginning of the 2000-2001 academic year;
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 of the North Carolina Hillel Foundation, in a manner that will speed review without sacrificing breadth or depth of analysis.
This the 12th day of April, 1999.
A RESOLUTION REQUESTING DELETION OF THE PROPOSED PITTSBORO STREET
EXTENSION FROM THE 1984 CHAPEL HILL/CARRBORO THOROUGHFARE PLAN (99-4-12/R-3)
WHEREAS, the Durham-Chapel Hill-Carrboro Urban Area adopted a Thoroughfare Plan in 1991 that removed the proposed Pittsboro Street Extension; and
WHEREAS, the Chapel Hill
Town Council affirmed their support for the 1991 Durham-Chapel Hill-Carrboro
Urban Area Thoroughfare Plan; and
WHEREAS, the Town of Chapel Hill continues to believe that construction of the Pittsboro Street Extension is unwarranted and would negatively impact the Chapel Hill Town Center; and
WHEREAS, the Town Council believes there are alternative ways to improve mobility and meet national and State transportation goals and objectives;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council requests that the North Carolina Board of Transportation amend the 1984 Chapel Hill/Carrboro Thoroughfare Plan to remove the proposed Pittsboro Street Extension.
BE IT FURTHER RESOLVED that the Council directs the Town Manager to notify the Durham-Chapel Hill-Carrboro Transportation Advisory Committee, Town of Carrboro and Orange County of the Town’s request to remove the Pittsboro Street Extension from the 1984 Chapel Hill/Carrboro Thoroughfare Plan and request that the Transportation Advisory Committee vote in support of this resolution and it be forwarded to the N.C. Board of Transportation.
This the 12th day of
April, 1999.
A RESOLUTION
AUTHORIZING THE MANAGER TO EXECUTE AN AMENDED PERFORMANCE AGREEMENT WITH
EMPOWERMENT INCORPORATED FOR THE MIDWAY BUSINESS CENTER SMALL BUSINESS
INCUBATOR PROJECT
(99-4-12/ R-4)
WHEREAS, on March 3, 1998, the Council budgeted $150,000 of 1997 - 98 Community Development funds to EmPOWERment Inc. to acquire a site and demolish the existing structures on the site to construct the Midway Business Center; and,
WHEREAS, in a letter dated March 5, 1999, EmPOWERment requested use of the remaining funds for other costs related to the project;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to execute an amended Performance Agreement with EmPOWERment to include sidewalk improvements and other site improvements as authorized uses of funds for the Midway Business Center small business incubator project.
This the 12th day of April, 1999.
AN ORDINANCE AMENDING CHAPTER 14 OF THE
CODE OF ORDINANCES OF THE TOWN OF CHAPEL HILL (99-4-12/O-1)
BE IT ORDAINED by the Council of the Town of
Chapel Hill as follows:
SECTION
I
Sections 14-9
through 14-10 of the Town Code are
rewritten as follows:
Section 14-9: Categories of positions defined:
There are two categories of Town positions, regular and non-regular:
(a) "Regular positions" are those specifically authorized as either full-time or part-time by the Town Council, where continuous employment of at least 12 months is required by the Town. Full-time positions are those for which an average work week of at least 37.5 hours is required, and part-time positions are those for which at least 20 hours and less than 37.5 hours is required.
Employees appointed to regular full-time or part-time positions are eligible for the benefits described in this Chapter.
(b) Non-regular positions are those where titles and funding are approved by the Town Council but where specific numbers of employees filling these positions are at the discretion of the Manager based on service needs. Non-regular positions may be for seasonal activities, for special projects or training purposes, or for year-round program needs.
Benefits for employees in non-regular positions are limited to mandated programs such as FICA and Workers' Compensation.
All Town positions are subject to budget review and approval each year, and employees must meet established standards of conduct and job performance. Reference to "regular or permanent employees" or "regular positions" should not be construed as a right or contract to perpetual funding or employment.
Sec. 14-10: Categories of employees defined:
There are three categories of
Town employees: full-time, part-time, and non-regular:
(a) "Full-time employees" are those who work in regular full-time positions that are authorized by the Town Council and for which an average work week of at least 37.5 is required by the Town. (Layoff and authorized leave-without-pay do not interrupt continuous employment for purposes of this section, and are omitted in calculations of the average work week.)
(b) "Part-time employees" are those who are in regular part-time positions that are authorized by the Town Council, and for which an average work week of at least 20 hours and less than 37.5 hours is required by the Town. An employee may work part-time hours in a position authorized by the Town Council as full-time due to operational reasons, lack of full funding for the position, or for personal reasons. (Layoff and authorized leave-without-pay do not interrupt continuous employment for purposes of this section, and are omitted in calculations of the average work week.)
(c) "Non-regular employees" (also referred to as "contract employees" or "temporary employees") are those working in one of the following situations:
(1) employees serving in seasonal positions or positions
of less than 12 month's duration
(2) employees serving in apprenticeship or internship positions, or other positions of specific duration
(3) employees serving in year-round positions requiring less than 20 hours of work per week. (Employees filling non-regular positions who elect to work additional shifts may accumulate hours beyond 20 hours a week for more than 12 months)
(4) employees temporarily filling regular full-time or part-time positions for 12 months or less due to the absence of the regular employee.
SECTION II
Sections 14-11 and 14-12 are deleted.
This ordinance is
effective upon adoption.
This the 12th day of April, 1999.
A RESOLUTION APPROVING A FAMILY SELF-SUFFICIENCY PROGRAMS FOR RESIDENTS
OF PUBLIC HOUSING (99-4-12/R-8)
WHEREAS, a Family
Self-Sufficiency Program would provide services and resources to help public
housing families achieve economic independence; and,
WHEREAS, the impact of Welfare Reform will result in many public housing families needing assistance in finding and keeping a job, child care, transportation, and financial management;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes a Family Self-Sufficiency Program as outlined in the report of the Manager dated April 12, 1999 and with the following main components:
· Participation in the Family Self-Sufficiency Program would be voluntary
· Requirements for participation include the signing of a Five-Year Contract of Participation
· One half of rent increases would be deposited in an escrow account. The amount in the escrow account would be given to the participant upon completion of the Program.
BE IT FURTHER RESOLVED that the Manager is authorized to implement a Family Self-Sufficiency Program for residents of public housing.
This the 12th day of April, 1999.
A RESOLUTION AUTHORIZING THE TOWN MANAGER TO PREPARE FINAL WORKING DRAWINGS AND BUDGET ESTIMATES FOR ADDITIONAL
PUBLIC IMPROVEMENTS TO COURTHOUSE ALLEY FOR REVIEW BY THE COUNCIL, AND EXECUTE
AN ENCROACHMENT AGREEMENT WITH THE OWNERS OF THE FOUR CORNERS BUILDING
PERMITTING THEM TO REMOVE A SECTION OF AN EXISTING PLANTER AND CONSTRUCT A FIRE
ESCAPE PENDING ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS BY THE HISTORIC
DISTRICT COMMISSION (99-4-12/R-9)
WHEREAS, plans for public improvements to Courthouse Alley are currently being developed for future Town construction; and,
WHEREAS, these plans can accommodate a fire escape from the adjacent Four Corners building; and,
WHEREAS, the owners of the Four Corners building would like to proceed with construction of the fire escape at this time;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to prepare final working drawings and budget estimates for additional public improvements to Courthouse Alley for review by the Council, and execute an encroachment agreement with the owners of the Four Corners Building permitting them to remove a section of an existing planter and construct a fire escape pending the issuance of a Certificate of Appropriateness by the Historic District Commission.
This the 12th day of April, 1999.
A RESOLUTION
SUPPORTING FAIR TREATMENT OF LOCAL RETAILERS AND LOCAL AND STATE GOVERNMENTS IN
THE REGULATION OF ELECTRONIC COMMERCE (99-4-12/R-11)
WHEREAS, the National League of Cities (NLC) has listed Electronic Commerce as its top federal priority for 199 and seeks federal action to establish fair treatment for local retailers and cities on electronic commerce; and,
WHEREAS, the National Association of Counties (NACO), and U.S. Conference of Mayors have filed a federal lawsuit to block the Advisory Commission on Electronic Commerce from meeting, arguing that it does not comply with the representation requirements of the 1998 Federal Internet Tax Freedom Act, its enabling legislation, because it does not include sufficient state and local government representation; and,
WHEREAS, the Town of Chapel Hill finds that these efforts by national organizations are being taken in the best interests of local governments and local businesses; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby indicates its support for the policies of the NLC, NACO, and U.S. Conference of Mayors on the subject of electronic commerce and urges its representatives in Congress to support balanced representation on the Internet tax commission and federal legislation that will establish fair treatment for local governments and local businesses on electronic commerce.
BE IT FURTHER RESOLVED that the Mayor is requested to write to the Town’s representatives in the United States Senate and House of Representatives conveying the Town’s position on this issue.
This the 12th day of April, 1999.
Council Member McClintock pulled c, d, and f.
Information reports, excluding c, d, and f were received and referred to the Town Manager by consensus.
(none)
on Total Amount to be Allocated for Human
Services Performance Agreements
in 1999-2000
Michael Owen, Chair of the Human Services Advisory Board, addressed the Council on the requested increase of 7% for the human service agencies supported in part by the Town, although the County was responsible for these agencies. He said that there had been no request for an increase for three years, and that these were services being purchased, not charitable donations. Mr.Owen said that the Board felt that the Human Services budget should be indexed to something, so that there would not have to be a continuous negotiation.
Council Member Bateman asked how the 7% was arrived at and where he felt it should be indexed. Mr. Owen said that since there had been no increase requests for three years, there had been discussion and the percentage was arrived at as not unreasonable. He said he had no strong recommendations for where to index it.
Council Member Bateman asked how the amount was arrived at by the Council. Council Member McClintock said it had been over a period of time, agreeing that the County was responsible, but that Chapel Hill wanted to do more and that the amount was up to the Council.
Mayor Waldorf said that there had been a substantial increase around 1995 to about $30,000.
Mayor pro tem Capowski suggested that the request be looked at in the overall budget, as one of the potential additions to the spreadsheet. Mr. Horton said that it could be included on one more working sheet, which would include requests from all outside agencies.
Item 8 – Town of Carrboro’s Application for Special Use Permit for a
Municipal Parking Lot at West Rosemary Street and Sunset Drive
Mr. Horton said that there were two levels of concern: (1) that this was an economic development project recommended to the Council using Community Development funds, and (2) this project was being developed within Town limits and that regulatory issues were involved.
Roger Waldon, Planning Director, said that there were regulatory concerns and funding concerns and that he would address the regulatory concerns and recommended that the Council approve Resolution 13a for a Special Use Permit (SUP) with conditions, which were listed in the resolution. He said that the recommendation was to refer the funding to the staff to fold the funding into the Community Development Block Program budget. Mr. Waldon said that the Council was not being asked to make funding decisions at this time. He said that a cost estimate had been prepared by Philip Post and Associates, and that the Carrboro Public Works Department would do most of the work.
Council Member Bateman asked Mr. Waldon what the cost of the work being done by Carrboro Public Works was. Mr. Waldon said the cost was $36,000, with between $5,000-6,000 cut back by the work being done by Carrboro.
Mayor pro tem Capowski said that, since the Town did not own the site, what would prevent the owner not to renew the lease and use it as a private lot. Mr. Waldon said that the SUP was for a municipal parking lot and that the lot on the Chapel Hill side could not be used as a private parking lot.
Mr. Horton said that language had been put into the SUP stating that the permit was for a municipal parking lot which would be operated by the Town of Carrboro.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO CLOSE THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO ADOPT RESOLUTION 13a, WITH THE FOLLOWING CHANGES: TO REMOVE 4a, 4b, AND 4c, AND REWORD 4d TO READ “THAT ADDITIONAL RIGHT-OF-WAY BE DEDICATED ALONG WEST ROSEMARY STREET.”
Council Member Evans stated that she thought that the sidewalk money could be used elsewhere on Rosemary Street.
Council Member Brown asked if the sidewalk funds could be used elsewhere. Mr. Horton said that they could be used at any location that met the Community Development Projects guidelines, specifically for low-income areas.
Council Member Brown asked how much money would the removal of a, b, c, and modification of d be. Mr. Waldon said that $13,000 would be saved, which was mostly earmarked for sidewalk modifications.
Mayor pro tem Capowski asked if there were traffic safety issues in these changes. Mr. Waldon said that the existing traffic system, with only two lanes, was less than desirable, and had existed for a long time.
Council Member Bateman asked what the cost would be to do only what Carrboro had requested in order to make the lot economically viable, but not pretty. Mr. Horton said that the lot had to be in compliance with Town ordinances. Mr. Waldon said that $36,000 would be required, with the use of Carrboro workers reducing it some, in order to comply with Town ordinances.
Council Member McClintock asked if there would still be trees. Mr. Waldon said that there was still room in the budget for trees.
Council Member Foy said that he found it difficult to support the SUP since there was no purpose to put $50,000 into a project without a long-term lease.
Mayor Waldorf said that this was not a good deal for Chapel Hill.
Council Member Foy said he thought that there should be a long-term lease, without a 90-day escape hatch.
Council Member Brown asked what other possibilities were for use of the lot if the Council did not pass the SUP. Mr. Horton said that the lot could be continued as it was now, informally as a parking lot, or Council could tell Carrboro to go ahead without money from Chapel Hill, or the Town not allow parking on the Chapel Hill side of the line.
Council Member Wiggins asked if it were possible to renegotiate the 90-day lease clause. She said that the Town had been talking about improving the parking in the downtown area for a long time, and wondered what the effect would be in not going ahead with the parking project when the opportunity existed.
Mr. Horton said that Carrboro was doing the negotiating and that he had questioned the 90-day clause. He said that Carrboro had pressed hard to get a long-term commitment from the owner, but the owner did not want to be pressed. Mr. Horton said that the Town could attempt to deal with the owner directly.
Council Member Foy said that he agreed with Council Member Wiggins, but he felt that it would be misleading to the community if the lease were terminated. He said this would not benefit the community, and felt that there should be a better lease than 90 days.
Council Member Wiggins felt that the community would understand that, if that were the case, but that if Chapel Hill did not try to renegotiate a better lease, the community would blame Chapel Hill and be disappointed.
Council Member Brown suggested a substitute motion, which was approved by Council Members Evans and Pavăo.
COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO REFER THE SPECIAL USE PERMIT TO THE TOWN MANAGER AND THE STAFF FOR FURTHER NEGOTIATION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
for New Zoning District Called Residential-Special Standards (continued)
Mr. Horton said that the proposed ordinance came to the Council from two different sources: (1) a request from a developer for “cottage” zoning; and (2) a proposal for a new zoning category that would allow denser development of smaller housing, not at a particular site but on a site that might be identified at a future time. He said that there was a particular site that was being identified if this particular zoning was approved, but this was not a discussion of any site.
Mr. Waldon said that after the discussions at the Public Hearing on March 15th, the staff had made two adjustments to their recommendations. He said that the first consideration was what kind of a district would be proposed at the hearing: a general use district and a mirroring conditional use district. Mr. Waldon said that the question at the hearing was why not just make one district—a conditional use zone, so this was what the staff recommended. He said that the second adjustment was with respect to buffers, and the staff recommended not having a buffer requirement in the ordinance, but allow the Council to negotiate the buffer. Mr. Waldon said that both of these adjustments had been incorporated into Ordinance 3 and that the staff recommended that the Council adopt Ordinance 3.
Council Member Foy asked Mr. Waldon how the Gables had been developed considering the current zoning. Mr. Waldon said that the Gables had been developed several years ago, and that since then several zoning requirements had been added.
Mr. Robert
Dowling of the Orange Community Housing Corporation (OCHC) said he wanted to
correct some misconceptions previously stated.
He said that the backs of the houses proposed for Scarlette Drive would
not face the street, and that the setback was not 10 feet, but 15 feet proposed
from the right-of-way at the pavement, so the setbacks would be more like 25
feet. Mr. Dowling said that it was
difficult to build low-income housing because it was expensive and that the new
zoning proposed would be helpful and would be a low cost option for the Town to
help promote low-cost housing. He felt
that conditional use would give the Council a lot of
discretion. Mr. Dowling said that there
would be buffers on the Scarlette Drive site, but it was difficult because of
OWASA requirements. He said that OCHC
was very sensitive to putting developments in the wrong place and that they did
not want to ruin anyone’s neighborhood.
Keenya Toney, board member of OCHC, who worked at the Kenan Institute at UNC and had a Masters and Law Degree from UNC, said that she still could not afford to own a home in Chapel Hill. She said that the only way to provide affordable housing would be by spreading the costs over the entire project units, which would reduce the costs per unit. Ms. Toney said that if the number of units were reduced then the unit cost would increase, so that buyers could not afford the cost. She said that the OCHC worked for the people who work in the community but could not afford to live in the community, and asked the Council for their support in passing the new zoning.
Alison Weiner, member of the steering committee of the Community Land Trust for Orange County and a board member of OCHC, said that she had talked with a friend who lived in the neighborhood, and that she felt that there was no consistency in the Council’s decisions for proposed developments. She said that her friend felt that when a change was proposed for a neighborhood, that the developer and the neighbors should talk with each other at the beginning of the proposed project. Ms. Weiner felt that the concerns in the neighborhood of Scarlette Drive still remained unresolved and felt that this proposed project was a fabulous opportunity for the County.
Nancy Gabriel said that she was speaking on behalf of the Charter Board of Directors of the Community Action Network’s ten members. She said that one of their concerns was the need for affordable housing. Ms. Gabriel felt that the Council needed to explore all tools for affordable housing and that the proposed new zoning was a positive step. She urged the Council to vote for the new zoning.
Bill Rohe, professor of City and Regional Planning at UNC, and Director of the Center for Urban and Regional Studies, also a member of the Planning Board for six years, and a member of both task forces for small area planning, said that he had been dealing with affordable housing and that he felt that density was not the answer in itself, but that density was a prerequisite. He said that it was the cost effective way. Mr. Rohe said that he felt allowing more flexibility in buffers and setbacks would have the potential to reduce costs. He said that elimination of minimum land for the SUP was a very important piece of the proposal. Mr. Rohe said he did not advocate the density developments should all be in one place, but should be spread out throughout the community. He said that density was not the problem, but that poor planning and design were. Mr. Rohe felt that there were mechanisms in place to make sure that the planning and designs were assured. He said that homeowners would improve neighborhoods and increase the value of the properties. Mr. Rohe urged the Council to move forward.
Richard Leber said that he was a member of the board of the Orange County Habitat for Humanity Affiliate and Chair of the Volunteer Construction Committee. He said that their concept was based upon donations of time, materials, and resources from the public and private sector, and that by using volunteers they were able to subsidize affordable housing. Mr. Leber wanted to be sure that they would be allowed to build single story homes for affordable housing.
John McPhaul said that this seemed like “spot” zoning to him and he asked what an affordable unit was. He pointed out that there were several townhouses on the market below $80,000 in the Town. Mr. McPhaul suggested that the Town give a grant for a down payment on a house rather than try developing affordable houses.
Mary Avent said that she had safety concerns with the proposed Scarlette Drive development. She said that there would be more cars, especially at the intersection, which was only a two-way stop, with many cars going through the stop signs without stopping. Ms. Avent said that there were no sidewalks for her son to walk or bike on and that the traffic flow was a big safety issue.
Jim Earnhard, board member of OCHC, said that he was in the land development field and asked for the Council’s support of the proposed zoning. He said that density had a negative image, but that high density required a lot of attention to design, with a focus on quality.
Rev. Maria Palmer, pastor of Iglesia Unida de Cristo, said that she supported the proposed ordinance. She said that recently she had asked the children of her church to write a Christmas story, and they had written that Joseph could find work in Chapel Hill because he was a carpenter, but that he and Mary could not afford to own a home in Chapel Hill, and would probably live in a mobile home in Chatham County. Rev. Palmer said that people who live and work in a community were good neighbors. She urged the Council to support the proposed zoning.
Council Member McClintock said that over the years the Council had supported many projects for affordable housing and subsidies. She asked Mr. Waldon if there was any reason why the Council could not have some guidelines to define affordable, to have a land trust so that when the property was sold it could be passed on as affordable housing, and other ideas to explain the wishes of the Council to future developers. Mr. Waldon said that would be a good idea and the Council could have a set of guidelines for the potential user as to what the Council’s expectations were for use of the zoning.
Council Member McClintock said that she would like to see the Council follow up on such guidelines.
Council Member Brown asked how the guidelines would fit into a development ordinance. Mr. Waldon said they would not be part of an ordinance and would not be binding, but that they would express the expectations of the Council.
Mayor pro tem Capowski asked Mr. Waldon, referring to a chart on page 3 of the handout, where the requirements for side setbacks, rear setbacks and solar setbacks were. Mr. Waldon said that they were included in the figures in section 5, page 5, proposing 10 feet.
Mayor pro tem Capowski had some questions about the relationship of the Scarlette Drive proposed site and the cemetery. He said that the present graves go up to the vegetation line. Mayor pro tem Capowski asked how the development would effect the row of graves. Mr. Waldon showed on overheads the positions of the graves and said that the Town had plotted, but not sold, cemetery lots right up to the property line.
Mayor pro tem Capowski asked how many feet from the hard structure of the development was the nearest grave. Mr. Waldon said approximately 20 feet to the property pavement.
COUNCIL MEMBER BATEMAN MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT ORDINANCE 3. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
AN ORDINANCE AMENDING
THE CHAPEL HILL DEVELOPMENT ORDINANCE TO CREATE A NEW RESIDENTIAL ZONING
DISTRICT (99-4-12/O-3)
WHEREAS, the Council of the Town of Chapel Hill has considered the proposed amendments to the Chapel Hill Development Ordinance creating a new high density residential zoning district, and finds that the amendments are appropriate due to changed or changing conditions in a particular area or in the jurisdiction generally and achieve the purposes of the Comprehensive Plan;
NOW, THEREFORE, BE IT ORDAINED as follows:
SECTION I
AMEND Subsection 3.1.8 of the Chapel Hill Development Ordinance to read as follows:
3.1.8 Residential Districts (R-SS-C, R-6, R-5, R-4, R-3, R-2, R-2A, R-1, R-1A, R-LD1,
R-LD5)
The Residential (R-) districts are intended to provide for residential development of appropriate intensities consonant with the suitability of land, availability of public services, accessibility to major activity centers and transportation systems, and compatibility with surrounding development.
SECTION II
AMEND Subsection 3.1.11 of the Chapel Hill Development Ordinance to read as follows:
3.1.11 Conditional Use Districts
For the TC-2, TC-1, CC, NC, 0I-2, 0I-1, I, R-6, R-5, R-4, R-3, R-2, R-2A, R-1, R-1A, R-LD1, and R-LD5 districts hereinabove described, there are hereby established parallel conditional use districts designated TC-2-C, TC-1-C, CC-C, NC-C, 0I-2-C, 0I-1-C, I-C, R-6-C, R-5-C, R-4-C, R-3-C, R-2-C, R-2A-C, R-1-C, R-1A-C, R-LD1-C, and R-LD5-C pursuant to North Carolina General Statutes Section 160A-382. Under each conditional use district, all uses allowed as a permitted use or special use by Section 12.3 of this ordinance, Schedule of Use Regulations, for the parallel general use district are permitted only upon issuance of a Special Use Permit by the Council pursuant to Article 18 of this Ordinance.
A Residential-Special Standards-Conditional (R-SS-C) is hereby established, pursuant to North Carolina General Statutes Section 160A-382. Uses allowed in this district shall be those described in Section 12.3 of this ordinance, Schedule of Use Regulations, and are permitted only upon issuance of a Special Use Permit by the Council pursuant to Article 18 of this Ordinance.
SECTION III
ADD a new column for R-SS-C to Section 12.3, Schedule of Use Regulations, of the Chapel Hill Development Ordinance to include the following special uses and accessory uses:
Use Group A
Accessory Use
Customarily Incid. to a Permitted Group A Principal or Special Use
"A"
Dwelling, Single Family "S"
Dwelling, Two-Family-Including Accessory Apartment "S"
Dwelling, Two-Family –Duplex "S"
Dwelling, Multi-Family – 3 to 7 Dwelling Units "S"
Dwelling, Multi-Family – over 7 Dwelling Units "S"
Mobile Home, Class A "S"
All remaining uses should include a "—" to indicate that the
use is not permitted in the R-SS-C zoning district.
SECTION IV
INSERT a new line in Section 13.8 of the Chapel Hill Development Ordinance establishing the maximum number of dwelling units per acre of gross land area for R-SS-C to read as follows:
SECTION V
ADD new rows to Subsections 13.11.1, Use Group A; Subsection 13.11.2, Use Group B; and Subsection 13.11.3, Use Group C, Schedule of Intensity Regulations to read as follows:
R-SS-C 0 0 50.5 0 .400 .50 .25 .050 10 0 0 39
60
50.5 1 .400 .50 .25 .050 10 0 0 39 60
50.5 2 .400 .50 .25 .050 10 0 0 39 60
SECTION VI
AMEND the first paragraph of Section 14.12.2, Buffers Required, of the Chapel Hill Development to include the following sentence:
Where the proposed development site is located in the
Residential-Special Standards-Conditional
zoning district, no buffers shall be required.
SECTION VII
ADD Subsection 17.9.2, Minimum Recreation Area, establishing the minimum recreation area that must be provided or dedicated as part of a subdivision in the R-SS zoning district to
read as follows:
SECTION VIII
That all ordinances and portions of ordinances in conflict herewith are hereby repealed.
SECTION IX
That these amendments shall become effective upon adoption.
This the 12th day of April, 1999.
Mayor Waldorf said that she wanted to make it clear that the Council was not voting on the Scarlette Drive property, but only on the zoning proposal.
Council Member Foy said that he wanted to make it clear that the Council was not saying no buffers would be required, but that the purpose of zero buffers was to give flexibility, and that the Council was not looking for zero buffers.
Mayor Waldorf said that she wanted to make it part of the record that what the Council was trying to do was to have flexibility for zoning for the given piece of land that was being looked at.
Council Member Foy, citing page 12 of the handout, paragraph 1, said that he wanted to be sure that there were no other legal reasons why the Council would be required to approve a rezoning. Mr. Karpinos said that was correct.
Council Member McClintock said that the merits of conditional use were that things could be changed or modified, and that there was a minimum. She asked the Town Attorney if she understood this correctly. Mr. Karpinos said that she was correct in substance, that the precision that the Council had was in the terms of the SUP and the conditional use zoning was based on whether it satisfied the use of the permit, and if the terms of a particular project did not satisfy the Council then it could deny the use of the SUP.
Council Member McClintock said that she understood, that it was through the use of the SUP that the refinements could be made for the Council to decide whether to issue the permit.
Council Member Brown requested that a set of guidelines be established.
Mayor pro tem Capowski said that he would support the proposed zoning, but he asked Mr. Downing to be sure to consider the effects on the existing properties such as graveyards.
COUNCIL MEMBER MCCLINTOCK MOVED, SECONDED BY COUNCIL MEMBER FOY, THAT THE STAFF BRING BACK PROPOSALS FOR GUIDELINES TO BE USED WHEN THIS ZONING IS CONSIDERED TO BE APPLIED. COUNCIL MEMBER BROWN ADDED COUNCIL MEMBER FOY’S REMARKS ABOUT BUFFERS AND SHE ADDED A PROVISION FOR SOLAR USES. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Item 10 – Consideration of Response to Petition Requesting Modifications to the Regulations Requiring Utility Lines to be Placed Underground
Mr. Horton described the background of the petition brought by an electrician and his client, who were unaware of the regulations requiring utility lines to be placed underground. He read the specific language in the ordinance:
“All utility lines other than lines used only to transmit electricity between generating stations or substations and three-phase electric power distribution lines shall be placed underground.”
Mr. Horton said that the contractor and his client cited the large expense required to be in compliance and noted that the staff had worked hard to find a reasonable compromise and proposed a change in administration of the ordinance to treat this situation as a nonconforming use and allow it to remain as it was. He said that the nonconforming use would be subject to limitations at the Manager’s discretion and recommended that the Council needed to take no action at this time.
Mayor pro tem Capowski disagreed that the Council should change a Town-wide ordinance. He displayed a sample piece of cable to illustrate his point that the ordinance had a sound policy based on safety, reliability and aesthetics. He said that he felt that the ordinance should remain as it was, and the Council should do nothing.
MAYOR PRO TEM CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER MCCLINTOCK, THAT THE EXISTING POLICY REMAIN IN EFFECT WITH NO EXCEPTIONS. THE MOTION FAILED BY A VOTE OF 7-2, WITH MAYOR PRO TEM CAPOWSKI AND COUNCIL MEMBER EVANS VOTING AYE, AND MAYOR WALDORF AND COUNCIL MEMBERS BATEMAN, BROWN, FOY, MCCLINTOCK, PAVĂO, AND WIGGINS VOTING NAY.
Council Member McClintock noted she had changed her vote when she was reassured by Mr. Horton that there would be limitations to the nonconforming features which would be at his discretion.
Mixed Use Zoning District
Mayor pro tem Capowski introduced the background to the proposed Mixed Use Zoning District (MX-150), and a proposed contract between the applicant and the Town. He said that there was agreement on most of the issues, and that there were a few misunderstandings based on positions rather than on issues of substance. Mayor pro tem Capowski said that the one issue of substance that the parties were not in agreement on was, page 5, comment #7, regarding Traffic and Safety. He said that he felt that the rest of the issues were solvable.
Mr. Waldon had a suggestion to address the problem: (1) to require that the traffic impact statement be prepared in the context of what might be expected to be background traffic in the build-out year, (2) if the context of that evaluation of the Development Plan were approved then it would create a vested right to build-out the entire program, and (3) the ordinance would require that any other development that occured had to assume that full trip generation from this project even though the trips had not been generated yet.
Council Member McClintock, noting that traffic was a key point, asked what the proper time was to address it.
Mayor Waldorf asked the staff to prepare a draft response with Mr. Waldon’s proposal, and said she thought that his suggestions sounded workable.
Council Member Foy asked what the mechanism for projecting traffic would be. Mr. Waldon said that taking the 40-45 thousand trips per day, this would be analyzed as the best projection of what the traffic might be 10-25 years hence—if this traffic plan were approved then it could generate up to that amount.
Mayor pro tem Capowski commented that after this study the Town would know a lot more about this project than any other projects previously approved or not approved.
Council Member McClintock asked Mayor pro tem Capowski where the limits were to approving the amount of traffic. Mayor pro tem Capowski said that the Town still had standard mechanism for widening roads, and that a development agreement was voluntary.
Council Member Brown said that in Section 16.1, b8, she remembered that a request was made to include language that was not in the draft before her. She said that it should read, “Energy Conservation. Design roads, sites and buildings to achieve conservation and use of energy and to facilitate the use of renewable energy.”
Mayor Waldorf said that the staff would check the record and flag it for the University.
Council Member Brown said that in 16.4.3, #7, the words “renewable energy” should have been included. She asked, regarding 16.1b, how “Efficiency” would be determined and who would determine that. Mr. Horton said that it would be determined with negotiation between the parties.
Council Member Brown said that the Town should develop some standards before that time.
Mayor Waldorf said that in the context of the General Development Plan information was put together and brought before the Council, and then the Council reviewed and reacted to it.
Council Member Foy said that he would be willing to go forward on the 25 years if the language could be more clearly stated. He said he agreed with Council Member Brown that the language in 16.1b was vague and that the University’s proposal had shifted the intent and he did not understand why. Council Member Foy said that this was confining development to the least environmentally sensitive areas as opposed to a shift that said that we would protect the most environmentally sensitive area. He felt that was important since the Town was negotiating to lock-in a 25-year permission.
Council Member McClintock wanted to know what 2,000 feet contiguous would be at the Horace Williams site. She said that the language “contiguous” and “surrounding” should be tightened up, and if “contiguous” was used, she wanted to know what the 2,000 feet encompassed.
Mayor Waldorf said that the University wanted the language to be clear.
Council Member McClintock said that this was a very important point if the Town was signing up for 25 years.
Mayor pro tem Capowski said that was the point of Comment #9, to make it consistent throughout the ordinance. He said that the Council would look at the overall proposals and then make specific decisions on environmentally sensitive land and would act accordingly.
Council Member Foy agreed and said that he did not think that the language had to be changed.
Council Member Bateman asked if the Council could vote on each specific comment.
Mayor Waldorf summarized the discussion:
· Comment #7 had been dealt with.
· Council Members Brown and Foy had raised questions about Comment #1, and Council Member Brown had raised the question about language that had not been included from the previous draft. The staff would be asked to look into the record, and if the record showed that Council Member Brown was correct then that language would be included.
· Council Member McClintock wanted a visual picture of where 2,000 feet would be.
· Council Member Brown would like to have the JJ&R maps, particularly the ones in the first phase, which identified the environmentally sensitive areas, to be included in the report.
Aaron Nelson asked to comment: (1) in Vice Chancellor Ramsey’s letter he stated that it was important for the Ordinance to “sell” itself; and (2) he felt that the JJ&R maps would be appropriate at a later stage, to be discussed in a more appropriate place than in the ordinance.
Mr. Horton pointed out that the Town did not have a bill before the legislature at this point and that it was unlikely that they would have a bill before the legislature unless there was agreement between the Town and the University fairly soon.
The Council decided to await a report back from the staff, to include the JJ&R maps, before voting.
Regional Transportation Alliance Action
Plan
COUNCIL MEMBER EVANS MOVED RESOLUTION 15 WITH THE FOLLOWING AMENDMENTS:
1. Under Legislative Changes #8, Amend “T21” to “TEA21.”
2. On page 3 Transit—add “generally consistent with the Transit 2001 report commissioned by the Governor.”
3. Under Land Use #17—add “support the Triangle Regional Council initiative to establish a regional land use strategy.”
Mayor pro tem Capowski said that he felt that he could not support all the items.
Council Member Evans said that to keep in mind that not everybody on the Alliance supported every item and that they all had to come back to the local level to be discussed. She pointed out that this was a group of people who worked as a team to address regional concerns.
Mayor pro tem Capowski said that he was not prepared to vote on the whole thing.
Mayor Waldorf said she thought they were all good progressive suggestions.
Council Member McClintock wanted to be sure that the Town was getting its share of the funding and that it was not clear where the money was going to be spent. She said that there was a need to agree on what was being done for the region.
Council Member Evans said that the elected leaders were the ones who were supposed to be establishing policy and that the Alliance was trying to push forward some new ideas for funding.
Mayor Waldorf said that all transportation funding was highly regulated, but the problem was that there was not enough money.
Council Member Foy asked what the Triangle Regional Council was.
Council Member Evans said that it was a formal group bringing forward the choices using brochures and videos, and that the next step was to establish a regional land use strategy and how it would be implemented.
Council Member Foy said that he objected to #14—toll roads, and #16—private roads.
Council Member Evans responded that it referred to places where it might be done, such as in Research Triangle Park (RTP) but that Chapel Hill would not have to do it.
Mayor Waldorf suggested that the Council take a straw vote on each item.
1. Modify State formula to accommodate growth areas (based on population and employment growth.)
Mayor Waldorf said that this was the way equity funds were set up for rural versus urban roads and that the equity formula was discriminatory towards urban areas.
Council Member Brown felt that it was indefinite and vague and that rural areas did not feel that they were getting their needs filled.
Council Member Wiggins described a long, divided-highway in a rural area of the State that was hardly used.
Council voted to leave the item in the resolution.
2. Realignment of N.C. Department of Transportation Divisions to match regional movement—i.e. the Research Triangle Region.
The Council voted to remove this item.
3. Return all money (from the General Fund) currently taken from the Highway funds.
The Council voted to remove this item.
4. Raise State gas tax to provide more funds for all projects (restore the State gas tax level to a point to where it was in 1989.)
Mayor pro tem Capowski substituted the language “for transit” for “all projects.”
The Council voted to leave this item in the resolution.
5. Repeal HB 1211 which restricts joint funding by cities and N.C. Department of Transportation in Transportation Improvement Program projects.
The Council voted to leave this item in the resolution.
Council Member Brown said that she felt #4 was more complicated than the Council had just made it and felt that the parenthetical phrase should remain, without the addition of “for transit” because projects were already earmarked for funding from the gasoline tax, which had dropped because of lower gasoline prices.
Mr. David Bonk, Town Transportation Planner, said that he was not aware of any projects being earmarked and that the gasoline taxes had dropped with the decline of gasoline prices.
Mayor Waldorf said that she would object to the deletion of the parenthetical phrase because she thought the gas tax should be restored to its 1989 level, because it produced more funding than it did at the present time.
6. Enabling legislation for local-option sales tax.
The Council voted to leave this item in the resolution.
7. Federal Special Project Grants should not count against the State of North Carolina State Equity Formula.
The Council voted to leave this item in the resolution.
8. Amend TEA21 federal legislation to provide a more equitable allocation of federal highway funds to the State of North Carolina.
The Council voted to leave this item in the resolution.
9. Support Phase I funding strategy for Triangle Transit Authority.
The Council voted to leave this item in the resolution.
10. Develop strategy for funding Phase II of Triangle Transit Authority Transit Plan.
The Council voted to leave this item as amended to read “regional funding” in the resolution.
11. Develop dedicated funding for mass transit generally consistent with the Transit 2001 Report Commissioned by the Governor.
The Council voted to leave this item, as amended by Council Member Evans earlier in the discussion, in the resolution.
12. Restrict left turns on major corridors.
The Council voted to remove this item.
13. Investigate use of shoulder as through lanes during peak hours on I-40.
The Council voted to remove this item.
14. Seek legislation that would allow tolls as an essential part of a solution on high volume highways nominated by a Metropolitan Planning Organization based on financial capabilities.
The Council voted to remove this item.
15. Support DCHC/CAMPO/NCDOT feasibility study for HOV/HOT lanes on Triangle Freeway System.
The Council voted to leave this item in the resolution.
Mr. Bonk said that a study was about to be initiated to include both “HOT” and “HOV” lanes.
16. Legislation authorizing private road corporations on State highway system.
The Council voted to remove this item.
17. Support the Triangle Regional Council initiative to establish a land use strategy.
The Council voted to leave this item in the resolution with the addition of the following language: “regional land use strategies that are compatible with public transportation and preservation of farm land and open space and support urban growth boundaries for all municipalities in the Triangle J region.”
18. Enabling legislation for local gas tax to be allocated locally by the body authorizing the tax (option of 5 cents.)
The Council voted to leave this item in the resolution.
19. Create regional push for vanpooling, telecommuting, transit use.
The Council voted to leave this item in the resolution.
20. Speak for the State Blue Ribbon Commission on Transportation.
The Council voted to remove this item.
Mayor pro tem Capowski said that the Resolution should be sent to the Town’s Legislative Delegation.
Mr. Horton said that the Council should modify the language in the Resolution, “Now Therefore Be It Resolved” to add “supports the following principles.”
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT RESOLUTION 15, AS AMENDED. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION SUPPORTING THE REGIONAL TRANSPORTATION ALLIANCE ACTION
PLAN (99-4-12/R-15)
WHEREAS, in January, 1999, a group of thirty-five community leaders gathered to begin a process to review methods and policies to address the growing transportation needs of the Research Triangle Region; and,
WHEREAS, the Regional Transportation Alliance began the process by learning of the growing transportation needs of the Region; and,
WHEREAS, the Regional Transportation Alliance immediately recognized that a successful strategy must be advanced on three fronts—roads, transit and land use; and,
WHEREAS, the Regional Transportation Alliance found that the Region has a short fall of $2 billion and that to address such a huge backlog requires both State and local funding sources; and,
WHEREAS, the Regional Transportation Alliance has identified short-term and long-term solutions and adopted an Action Plan on March 15, 1999;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council supports the following principles:
1. Modify State formula to accommodate growth areas (based on population and employment growth).
2. Raise State gas tax to provide more funds for transit (restore the State gas tax level to a point to where it was in 1989).
3. Repeal HB 1211 which restricts joint funding by cities and N.C. Department of Transportation in Transportation Improvement Program projects.
4. Enabling legislation for local-option sales tax.
5. Federal Special Project Grants should not count against the State of North Carolina State Equity Formula.
6. Amend TEA21 Federal legislation to provide a more equitable allocation of federal highway funds to the State of North Carolina.
7. Support Phase I funding strategy for Triangle Transit Authority.
8. Develop strategy for regional funding Phase II of Triangle Transit Authority Transit Plan.
9. Develop dedicated funding for mass transit generally consistent with the Transit 2001 Report commissioned by the Governor.
10. Support DCHC/CAMPO/NCDOT feasibility study for HOV/HOT lanes on Triangle Freeway System.
11. Support the Triangle Regional Council initiative to establish regional land use strategies that are compatible with public transportation and preservation of farmlands and open space and support urban growth boundaries for all municipalities in the Triangle J region.
12. Enabling legislation for local gas tax to be allocated locally by the body authorizing the tax (option of 5 cents).
13. Create Regional push for vanpooling, telecommuting, transit use.
This the 12th day of April, 1999.
a Parking Deck on West Rosemary Street
Bob Godding, Transportation Director, gave a brief background review of the petition of Mr. Chris Rice of Carolina Brewery for a parking deck on West Rosemary Street. He said that the University had hired Mr. George Alexiou of Parsons-Brinkerhoff to conduct a feasibility study of a deck to be located on a site at the rear of the University property at 440 West Franklin Street. Mr. Godding said that the conclusion of the report was that a deck on this site would not be financially feasible, that the projected revenues would not cover the construction, operations and maintenance cost of the facility, and that it would require a large subsidy.
Council Member McClintock asked how much of a subsidy would be needed. Mr. Horton said $100,000.
Mayor pro tem Capowski asked Mr. Godding whether he had any guess on whether it would be possible to build a deck on the lot next to Breadmen’s, and if it would require a smaller subsidy. Mr. Horton said that the larger the project the larger the subsidy, that everything would double—size and cost.
Mayor Waldorf suggested that the item be tabled. She said that next week she and the Town Manager were going to meet with Jim Ramsey, Joel Harper and Jon Howes to try to work out some way of turning the two parking lots into public parking in the evening, which would be helpful to the restaurants in the downtown.
Council Member Pavăo said that evening parking was only part of the problem, that parking during the day was also a problem.
Aaron Nelson, speaking for the University, said that the University was planning to put signs up at the lots to let people know that the parking would be public after five o’clock.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO TO TABLE THE PARKING DECK FEASIBILITY STUDY UNTIL MAYOR WALDORF AND THE TOWN MANAGER HAD MET WITH UNC REPRESENTATIVES. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Item 14 – Discussion of Bringing Affordable Housing to Downtown Chapel Hill and Revitalizing Rosemary Street Consistent with the New Downtown Small Area Plan
Mayor Waldorf asked the Council to support the Town and University study of possibilities for affordable housing in the downtown. She said that she would be working with several individuals on further exploration of the concept.
Council Member McClintock said that she hoped that the Small Area Plan Committee would be invited to participate, since they had been working on this same concept.
COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER BATEMAN, TO REFER THE PROPOSALS TO ACHIEVE MIXED HOUSING BACK TO THE STAFF WITH THE DIRECTION TO COME BACK AT THE END OF THE SUMMER RECESS WITH SOME CONCRETE SUGGESTIONS AND PROPOSALS OF WAYS TO ACHIEVE THE GOALS, WITH SUGGESTED ORDINANCE REVISION PROPOSALS TO ACHIEVE THE GOALS.
Council Member Evans said that she did not want to see any ordinance changes that would land Chapel Hill in court.
Council Member Bateman said that she would like to have some technical response, and would like to look at some examples such as the ones used by Carrboro.
Council Member Brown said that she would like to look at other places where these ordinances had been done.
Council Member McClintock said that she had some resource material.
THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Mr. Karpinos reported that he had been notified that afternoon that Chapel Hill had been included in the bill being introduced before the Legislature to allow cameras to be installed at traffic lights.
4e. Resolution Establishing Advisory Committee to Develop Conceptual Plan for the Northern Community Park Aquatic/Community Center
Council Member Bateman said that she would like to recommend to the Advisory Committee that they try to find creative ways for funding for the building, such as asking for donations from companies.
COUNCIL MEMBER BATEMAN MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO ADOPT RESOLUTION 5. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A
RESOLUTION ESTABLISHING AN ADVISORY COMMITTEE TO WORK WITH STAFF AND A
CONSULTANT TO DEVELOP A CONCEPTUAL PLAN FOR THE AQUATIC/COMMUNITY CENTER
FACILITY TO BE LOCATED IN NORTHERN COMMUNITY PARK. (99-4-12/R-5)
WHEREAS, the Council has allocated up to $53,000 for a conceptual plan study for the proposed Aquatics/Community Center facility; and,
WHEREAS, a conceptual plan process will allow the community and the Council to fully explore potential programs for an indoor swimming pool and community center;
NOW THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council establishes the Northern Community Park Aquatics/Community Center Advisory Committee with the following charge:
· Sponsor public forums to solicit community input.
· Study different types of pools and enhancements. For example, options considered by the Committee might include a standard lap pool, wave pool, side-by-side tanks, lap pools with some play enhancements, differing levels of handicap accommodation, dive tanks, or other possible options.
· Investigate adding other needed elements to the building, such as a gymnasium, meeting space, arts and dance space, offices, or other amenities.
· Develop planning level cost estimates for the various options to help in setting priorities and developing financing plans.
· Evaluate each option on the basis of operational costs, potential revenues, and effect on programs.
· Make recommendations for the consideration of the Town Council.
BE IT FURTHER RESOLVED, that the Advisory Committee will consist of:
· Two representatives of the Parks and Recreation Commission
· One representative appointed by the Orange County Board of Commissioners
· One representative of the Citizens Energy Task Force
· One representative appointed by the Chapel Hill-Carrboro School System
·
Three representatives from adjacent neighborhoods
·
Three or more citizens at-large
BE IT FURTHER RESOLVED, that the Manager is authorized to advertise for applicants for the Advisory Committee.
BE IT FURTHER RESOLVED that the Council shall appoint the Northern Community Park Aquatic/Community Center Advisory Committee and that it shall be disbanded after the Council receives an application for a special use permit.
This the 12th day of
April, 1999.
4f. Resolution Establishing Advisory Committee to Develop Conceptual Plan for Pritchard Park
Council Member Bateman said that she would like to recommend that the development of Pritchard Park be only to the level that the money would fund, including the planning costs. Mr. Horton said that the money was given by the Pritchard family as a memorial to the Pritchard family, and if the Council decided not to develop the park, it should give back the money.
Council Member McClintock said that she would like to see the park kept as open space with a few trails.
Council Member Pavăo said that the actual conceptual plans called for it to be simple, nothing elaborate.
Mayor Waldorf suggested an amendment to charge the committee to keep it simple.
Council Member Brown said that it should be reworded by the staff and brought back to the Council.
COUNCIL MEMBER MCCLINTOCK MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 6 WITH AN AMENDMENT TO READ “TO DEVELOP A CONCEPTUAL PLAN THAT WOULD CONSIDER AND RECOMMEND OPTIONS AND ADDRESS AMENITIES, LANDSCAPING, ENTRANCEWAY CONCERNS, SIGNAGE, AND OTHER ISSUES TO BE PRESENTED TO THE COUNCIL. THE COMMITTEE SHOULD CONSIDER $164,000 AS ITS MAXIMUM BUDGET AND THE COUNCIL WOULD LIKE FOR THE WOODED NORTHWESTERN PORTION OF PRITCHARD PARK TO REMAIN UNDISTURBED.” THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION
ESTABLISHING AN ADVISORY COMMITTEE TO WORK WITH STAFF AND A CONSULTANT TO
DEVELOP A CONCEPTUAL PLAN FOR PRITCHARD PARK (99-4-12/R-6)
WHEREAS, a budget of $164,000 has been allocated to finance the conceptual plan study and development for Pritchard Park; and,
WHEREAS, a conceptual plan process will allow the community and the Council to fully explore potential options for use of the property;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council established the Pritchard Park Conceptual Plan Advisory Committee to work with Town staff and a design consultant to develop a conceptual plan that would consider and recommend options and address amenities, landscaping, entranceway concerns, signage, and other issues, to be presented to the Town Council. The Committee should consider $164,000 to be its maximum budget and that the northwest wooded area be preserved.
BE IT FURTHER RESOLVED that this committee shall include:
· Two members of the Parks and Recreation Commission
· Two members of the Library Board of Trustees
·
One member of the Public Arts Commission
· Three or more citizens at-large
and the Manager is authorized to advertise for applicants.
BE IT FURTHER RESOLVED that the Council shall appoint the Pritchard Park Advisory Committee and that it shall be disbanded after Council’s consideration of the committee’s conceptual plan report.
This the 12th day of
April, 1999.
4g. Resolution replying to request from Orange County regarding property on Markham Drive
Council Member Foy said that if Orange County were willing to give the Town the land adjoining Town-owned land, which was very wet land, he would recommend that the Town make it a part of the community for public use. He asked the staff to check this out.
4i. Ordinance Reclassifying One Lifeguard Position at the Community Center as Full-Time
Council Member McClintock questioned whether the position of lifeguard was a new position. Mr. Horton said that it was making the position a full-time one.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO ADOPT ORDINANCE 2. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
AN
ORDINANCE AMENDING THE POSITION CLASSIFICATION AND PAY PLAN DATED OCTOBER 1,
1998 (99-4-12/O-2)
BE IT ORDAINED by the Council of the Town of
Chapel Hill as follows:
That the Council hereby amends the
"Ordinance Establishing a Position Classification and Pay Plan and
Longevity Plan for Employees of the Town of Chapel Hill and Bonds of Officials
beginning October 1, 1997 (97-6-23/O-7)
" as follows:
In Section III, grade 12, add the line
Lifeguard
In Section IV, part C, in the Parks and
Recreation Department, add the line
Full-time Part-time Grade No.
# hrs. # hrs.
Lifeguard 1 40 - - 12
This Ordinance is effective upon adoption.
This the 12th day of April, 1999.
4l. Resolution Modifying the Council’s
Process for Removal of Consent Agenda Items
Mayor pro tem Capowski said that he was concerned about a deadline of 3:00 p.m. on the day of the Council meetings, for removal of consent agenda items. He felt it would be too restrictive.
Council Member Wiggins said that she felt it was reasonable, she would have suggested noon of the day of the Council meeting, and that this was only on a trial basis.
MAYOR PRO TEM CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO ADOPT RESOLUTION 10. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
WHEREAS, a Council Member has petitioned the Council to change the method for removing items from the consent agenda; and
WHEREAS, Town staff members often must attend Council meetings to address questions related to agenda items, both on consent and on the main agenda;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby amends the Town Council Procedures Manual, Meetings Section:
5. Order of the Agenda. The agenda shall be set in the following order:
a. Ceremonies.
b. Public hearings, if any.
c. Oral and written petitions.
d. Consent
Agenda - items of a routine nature will be placed on the Consent Agenda to be voted
on in a block. The Mayor and the Manager will decide which items will be placed
on the Consent Agenda. Any item may be removed from the Consent Agenda by
the request of the Mayor or any member of the Council at the time during the
Council meeting that the Consent Agenda is considered. Consideration of
minutes shall normally be the first item on the consent agenda.
e. Staff reports and general information.
f. Appointments.
g. Old Business
h. Items having wide public concern or likely to result in the attendance of citizens interested in them.
i. Routine matters of a housekeeping nature with less public interest.
j. Closed Session, if needed.
6. Removal of items from the Agenda. The Council may remove items from the agenda on the regular agenda or the consent agenda:
A. Removal of an item from the agenda item not on the
consent agenda may be requested by Council Member(s) during the petition
time.
If a Council Member desires to have an item removed from the agenda of a meeting at which the Council Member will not be present, a written request shall be distributed to the Council by the Friday prior to the meeting. At the meeting, the Mayor shall present the written request to the Council for a vote.
Five affirmative votes shall be necessary to remove an item from the agenda. Items removed, unless noted otherwise, will be placed on the agenda of the next similarly scheduled (regular or public hearing) meeting of the Council.
B. Removal
of consent agenda items.
Any item may be removed from the consent agenda
by the request of the Mayor or any member of the Council at the time during the
Council meeting that the consent agenda is considered.
A Council Member who wishes to remove an item
from the consent agenda should so inform the Manager no later than 3:00 p.m. on
the day of the Council meeting so that the Manager will be able to arrange
attendance of staff as he determines necessary.
This the 12th day of April, 1999.
5c. Response
to Petition Regarding a Proposal for a Rent Control Ordinance
Council Member McClintock noted there was nothing that could be done about rent control, since State law prohibited it.
5d. Status Report on University Landscaping Plan for the Intersection of Estes Drive and Airport Road
Council Member McClintock said that she had concerns about the lack of landscaping at the intersection of Estes Drive and Airport Road, where the trees had been cut. She said that more trees had been cut than what was needed, and asked what the University planned to do about it, since this was an entranceway to the Town.
Aaron Nelson, speaking for the University, said that the Federal Aviation Administration required the University to clear the land in the way that they did, and he said that it would become more attractive as time went on.
Council Member Bateman asked if there was any plan to plant vines along the fences. Mr. Nelson said that he would bring the suggestion up for discussion with the University.
Mayor pro tem Capowski said that the University should just paint the fence.
Curtis Brooks, the Town’s Urban Forester, said that the University was limited in what they could plant, so the plantings would not grow too tall. He said that they had planted redbuds and dogwoods along the side bank of Estes Drive.
5f. Response
to Petition Regarding Buffer at the Estates Development
Council Member McClintock asked Mr. Waldon why detention ponds had been put within the buffers. Mr. Waldon said that the plans which had been approved showed detention ponds within the buffer, and that there were not a lot of choices of where they would be located.
Council Member McClintock requested that the staff look into this matter.
The meeting was adjourned at 11:07 p.m.
The minutes of April 12, 1999 were adopted on the 24th day
of May, 1999.
__________________________________________
Joyce A. Smith, CMC