SUMMARY MINUTES OF A REGULAR BUSINESS MEETING
OF THE CHAPEL HILL TOWN COUNCIL
ON MONDAY, JANUARY 10, 2000 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, Pat Evans, Kevin Foy, Lee Pavão, Bill Strom, Jim Ward, and Edith Wiggins. Staff members in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Town Attorney Ralph Karpinos, Engineering Director George Small, Traffic Engineer David Brown, Community Development Planner Loryn Barnes, Senior Engineering Coordinator Mike Neal, Planning Director Roger Waldon, Solid Waste Administration Director Gayle Wilson, Finance Director Jim Baker, Long Range Planning Coordinator Chris Berndt, Transportation Planner David Bonk, and Town Clerk Joyce Smith
Item 1 – Ceremonies (None)
Item 2 – Public Hearing to Receive Citizen Comments on Possible Revisions to the 1999-2000 Community Development Program
Loryn Barnes said the purpose of the public hearing was to receive citizen comments on how to reallocate an estimated $113,000 of Community Development Program funds. She said that $75,000 was from funds allocated for EmPOWERment, Inc. to purchase an apartment building, which will no longer be needed. She said the remaining $38,000 were funds from allocations to GOOD WORK during 1997-98 to create a small business development program in Chapel Hill, which had not been sufficiently documented, making the program ineligible to draw the funds. Ms. Barnes said that a request had been received from EmPOWERment, Inc. for $66,120 to assist with the construction of the proposed Midway Business Center on North Graham Street.
Ms. Barnes reminded the Council that $82,500 was budgeted for the general category of Neighborhood Revitalization for three proposals received at an October 1999 public hearing: (1) for the Chapel Hill Police Department to purchase a vacant lot and a vacant house in the Northside neighborhood—approximately $80,000; (2) from the Abundant Life Center to renovate its transitional housing facility—approximately $125,000; and (3) from EmPOWERment, Inc. to acquire and renovate properties in the Northside and Pine Knolls neighborhoods. Ms. Barnes said a request had also been received from Community Cuisine for $21,000 to operate its culinary skills program in Chapel Hill. She said that the staff would consider the comments received and return to the Council on February 14, 2000, with a recommended plan for its consideration. She said the staff would also forward the Housing and Community Development Advisory Board’s recommendations to the Council by February 14, 2000.
Will Alexander, Chair of Community Cuisine and a full-time Masters of Social Work student, said that four adult training programs and two youth programs had been completed during 1998-99, and they had a contract with the Chapel Hill-Carrboro city schools to run two programming opportunities—one for the Phoenix Academy, an at-risk alternative school, for which the students would receive four credits toward graduation, and, another, an adult training program. He said they had located a number of individuals who could offer a great deal to the program as the culinary instructor and would need the funding to pay for this position.
Council Member Bateman asked Mr. Alexander if they were working on an outreach program for the Hispanic community. Mr. Alexander said that had been discussed and they were looking into possibly doing a program with the Inter-Faith Council (IFC). He said they were not committed at this time.
Kelly Welch, Executive Director of Community Cuisine, outlined the programs planned for the next year. She said the programs at the Phoenix Academy and these special education programs would both be conducted twice a year, adding the adult programs would be helping under-employed and unemployed people develop their culinary skills and skills in the workplace. She said a summer camp was planned to work with young people to build their skill level and job readiness.
Myles Presler, Director of EmPOWERment, Inc., thanked the Council for its support and said they were requesting less than the original request for $66,120, because the Town of Carrboro had contributed $6,000, so they were only asking for the balance. He said their financing was in place and hoped to begin construction in February. He expressed his hope that the Council would support Community Cuisine’s request.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER FOY, TO REFER THIS REQUEST TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY. (9-0).
Item 3 – Petitions by Citizens and Announcements by Council Members
3a. Petitions by Citizens on Items on the Agenda
Linda Gardner, President of the Glenwood Elementary School Parent-Teachers Association (PTA) and parent of two elementary school students and a teacher assistant, spoke regarding Item #13 on this evening’s Agenda—Review of Implementation of Hamilton Road/Highway 54 Recommendations—and petitioned the Council on behalf of many Glenwood parents and teachers not to continue to force the School Board into reopening the intersection of Hamilton Road and Highway 54 as part of a “walk zone” to the Glenwood Elementary School. She said there had never been any school-wide discussion of the issue and there were many in the Glenwood Community who preferred the safety of school buses to get their children safely to school. She read a statement citing the many reasons for not re-establishing the “walk zone.” Mrs. Gardner said she had brought her children with her to remind the Council of the children who would be affected.
Mayor Waldorf said the issue would be discussed later on in the Agenda.
3b. Petitions by Citizens on Items Not on the Agenda
(1) By Inter-Faith Council regarding alternative locations for IFC facilities. Pamela Smith, President of the Board of Directors of the IFC, read a letter from the IFC Board expressing the Board’s appreciation of the Council’s support. The letter asked for some indication of whether the present location of the IFC or the Chapel Hill Police Station were viable alternatives, and to their continuing availability as possible sites for the IFC. Ms. Smith said the Board would await a response from the Council.
MAYOR PRO TEM PAVÃO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO RECEIVE AND REFER THIS PETITION TO THE MANAGER, AND ASKED THE STAFF TO OBTAIN CURRENT APPRAISALS OF THE TWO PROPERTIES.
Mr. Horton said it would take four to six weeks to get appraisals, but other information could be made available by January 24, 2000.
Council Member Ward asked what establishing the value of the buildings would mean. Mayor pro tem Pavão said it would need to be determined in order to know what the cost would be to replace the Police Station, and the value of the current IFC building.
THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
(2) By Steven Dobbins regarding a request for mixed-use designation for property on the southwest corner of Cameron Avenue and Wilson Street. Mr. Dobbins had sent a letter petitioning the Council.
COUNCIL MEMBER BROWN MOVED TO RECEIVE THE LETTER. There was no second.
Council Member Brown said it had been referred before to the staff and to the Comprehensive Plan Work Group, and they had made no determination to change the property designation.
Council Member Bateman asked when the issue had been discussed by the Council. Council Member Brown said it had been discussed by the Comprehensive Plan Work Group during the past year. Mr. Horton said he could check the record.
Council Member Evans said the petition had been brought before the Comprehensive Plan Work Group, and had been discussed on the broader issue of rezoning. She said it should be discussed when other issues of rezoning were discussed.
COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO RECEIVE AND REFER THE PETITION TO THE PLANNING BOARD. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
(3) By property owners on the 1600 and 1700 block of Old Oxford Road regarding widening of a portion of road.
COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO REFER THE PETITION TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
(4) By Judythe Dingfelder and Marian Meyer for Holy Trinity Evangelical Church, regarding a request for installation of sidewalks on Rosemary Street.
MAYOR PRO TEM PAVÃO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO RECEIVE AND REFER THE PETITION TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
(5) By Aaron Nelson and Ron Binder of UNC regarding a request to establish a policy to grant fraternities and sororities expedited review.
Aaron Nelson, Coordinator of Local Relations for the University, explained that the fraternities and sororities on UNC campus needed to know how long the reviews for Special Use Permits by the Town would take in order for them to be able to plan their renovations to comply with the Town’s sprinkler ordinance, and to be able to know how long the buildings would be closed during these renovations. He said that about one half of the buildings would be having sprinkler systems installed by the fall of 2000, the other half have already installed the sprinkler systems.
COUNCIL MEMBER EVANS MOVED, SECONDED BY MAYOR PRO TEM PAVÃO, TO RECEIVE AND REFER THE PETITION TO THE MANAGER THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER BATEMAN, THAT THE COUNCIL REVIEW ITS EXPEDITED REVIEW PROCESS. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
(6) By Neil Kuplic regarding installation of concrete steps from East Chapel Hill High School parking lot to the concrete sidewalk.
MAYOR PRO TEM PAVÃO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO REFER THE PETITION TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
(7) By Arthur R. Cogswell regarding expedited review of the Special Use Permit for First Baptist and Manley Estates, Inc.
Rev. Manley urged the Council to expedite the review of the
Special Use Permit since the building plans and specifications must be submitted
to Housing and Urban Development (HUD) by June 17, 2000.
MAYOR PRO TEM PAVÃO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO REFER THE PETITION TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
(8) Former Mayor Kenneth Broun presented a petition signed by 84 neighbors in the Mason Farm Road area requesting: (1) a traffic light or three-way stop sign where Mason Farm Road and New East Drive meet; (2) a marked pedestrian crosswalk at this intersection; and (3) continuous sidewalks on Mason Farm Road, also to be used by bicyclists, from South Columbia Street to Oteys Road. Mr. Broun urged the Council to seriously consider immediate action.
COUNCIL MEMBER EVANS MOVED, SECONDED BY MAYOR PRO TEM PAVÃO, TO RECEIVE AND REFER THE PETITION TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Mayor Waldorf requested that these materials be sent to UNC.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, THAT MAYOR WALDORF PRESENT THIS INFORMATION AT THE NEXT CONSULTATION AND COORDINATION COMMITTEE MEETING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
(9) James Coley read a statement and presented a petition urging enforcement of the speed limit on Franklin Street.
COUNCIL MEMBER FOY MOVED, SECONDED BY MAYOR PRO TEM PAVÃO, TO RECEIVE AND REFER THE PETITION TO THE MANAGER, AND TO FURTHER REQUEST THAT THE PEDESTRIAN LIGHTS AT THE PLANETARIUM AND THE POST OFFICE BE TESTED FOR ACCURACY. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
3c. Announcements by Council Members
Council Member Brown announced a public hearing on the Northern Community Swimming Pool on January 20, 2000, at 7:30 p.m. in the Council Chambers.
Council Member Foy announced that the Nuclear Regulatory Commission would be having a hearing in Washington, D.C. on January 21, 2000, on Orange County’s petition to open up a process for the Nuclear Waste Storage Site. He said he would be attending the hearing to represent the Council in its support of the Orange County Commissioners.
Council Member Foy pulled Item i.
MAYOR PRO TEM PAVÃO MOVED, SECONDED BY COUNCIL MEMBER BATEMAN, TO ADOPT THE CONSENT AGENDA. R-1, WITH ITEM “i” REMOVED. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES
(2000-01-10/R-1)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the following minutes, resolutions and ordinances as submitted by the Town Manager in regard to the following:
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a. |
Minutes of November 8, 15, 22, and 23, and December 6, 1999. |
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b. |
Resolution setting schedule for appointments to Town advisory boards and commissions (R-2). |
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c. |
Ordinance amending Chapel Hill Soil Erosion and Sedimentation Control regulations (O-1). |
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d. |
Resolutions of intent to consider annexing two areas and calling two public hearings (R-3) and (R-4). |
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e. |
Budget amendment concerning payment-in-lieu for sidewalk improvements at Columbia Place (O-2). |
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f. |
Resolution amending Council’s meeting calendar (R-5). |
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g. |
Response to petition regarding the F bus route (R-6). |
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h. |
Calling a public hearing on the preliminary assessment roll for street improvements on Sugarberry Road (R-7). |
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j. |
Response to petition regarding expedited review of Delta Kappa Epsilon House Special Use Permit (R-9). |
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k. |
Disposition of surplus property (R-10). |
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l. |
Proposed revision to policy for the disposition of surplus property valued at less than $5000 (R-11). |
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m. |
Temporary closing of Gimghoul Road and Glandon Drive for the Chapel Hill Garden Club Spring Tour on April 8-9, 2000 (R-12). |
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n. |
Bid for installation of compressed natural gas refueling equipment (R-13). |
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o. |
Renewal of lease for the Old Municipal Building (R-14). |
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p. |
Authorization for Historic District Preservation Grant application (R-15). |
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q. |
Authorization to use Town funds for appraisal of Hazel Craige property (R-16). |
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r. |
Interim report from ad hoc Committee on Merritt Pasture (Council Member Bateman) (R-17). |
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s. |
Request for appointment of Mayor as liaison to the Triangle Transit Authority (R-18). |
This the 10th day of January, 2000.
A RESOLUTION REGARDING THE PROCESS FOR CONSIDERING APPOINTMENTS TO TOWN ADVISORY BOARDS AND COMMISSIONS (2000-01-10/R-R-2)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the following schedule for appointments to Town advisory boards and commissions:
May 10 Orange Water and Sewer Authority Board of Directors
Planning Board
Technology Committee
May 24 Historic District Commission
Transportation Board
Library Board of Trustees
Chapel Hill Public Arts Committee
June 14 Board of Adjustment
Community Design Commission
Greenways Commission
Parks and Recreation Commission
June 28 Housing and Community Development Advisory Board
Human Services Advisory Board
Personnel Appeals Committee
This the 10th day of January, 2000.
BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
Section 1. Section 5-100 of the Town Code is hereby revised to read as follows:
The appeal of a disapproval or approval with modifications or conditions of approval of a plan shall be governed by the following provisions:
(1) The disapproval of, modification of, or conditions of approval attached to any proposed Soil Erosion and Sedimentation Control Plan by the erosion control officer shall entitle the person submitting the plan to an appeal of the decision to the Town Manager.
(2) In the event that the Manager upholds the disapproval, modification or conditions of approval of a proposed Soil Erosion and Sedimentation Control Plan, the person submitting the plan shall be entitled to appeal the Manager’s action to the North Carolina Sedimentation Control Commission as provided in Section 113A-61(c) of the General Statutes and Title 15A NCAC 4B.0018(d).
Section 2. Section 5-102 of the Town Code is hereby revised to read as follows:
(a) Site Inspections. Agents, officials, or other qualified persons authorized by the Town will periodically inspect the sites of land-disturbing activity to determine:
(1) Compliance with the Act, this Ordinance, or rules or orders adopted or issued pursuant to this Ordinance;
(2) Whether the activity is being conducted in accordance with an approved plan; and
(3) Whether the measures required in the plan are effective in controlling erosion and sediment resulting from land-disturbing activity; and
(4) Whether restoration measures are necessary due to the failure to control erosion and/or sedimentation.
Notice of the right to inspect shall be included in the notification of plan approval.
(b) Notice of Violation. If, through inspection, it is determined that a person engaged in land-disturbing activity has failed to comply with the Act, this Ordinance, or rules or orders adopted or issues pursuant to this Ordinance, or has failed to comply with the approved plan, a Notice of Violation shall be served upon that person by registered or certified mail, return receipt requested, or other means reasonably calculated to give actual notice. The Notice shall set forth the measures necessary to achieve compliance with the plan, specify a reasonable time period within which such measures must be completed, and warn that failure to correct the violation within the time period will result in the assessment of a civil penalty or other enforcement action. However, no time period for compliance need to be given for failure to submit an erosion control plan for approval, or for obstructing, hampering, or interfering with an authorized representative while in the process of carrying out their official duties. If the person engaged in land-disturbing activity fails to comply within the time specified, enforcement action shall be initiated.
In the event service cannot be accomplished by registered or certified mail, it may be accomplished in any manner provided in rule (4)j of the North Carolina Rules of Civil Procedure.
(c) The Town Manager or his designee shall have the power to conduct such investigations as he may reasonably deem necessary to carry out his duties as prescribed in this Ordinance, and for this purpose to enter at reasonable times upon any property, public or private, for the purpose of investigating and inspecting the sites of any land-disturbing activities. No person shall refuse entry or access to any authorized representative or agent of the Town who requests entry for purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out his official duties.
(d) The Town Manager or his designee shall have the power to require written statements, or the filing of reports under oath, with respect to pertinent questions relating to land-disturbing activities.
(e) The Town Manager or his designee shall have the power to revoke grading permits issued by the Erosion Control Division as provided for under Section 5-97(c) of this Ordinance.
(f) Whenever any person is violating this Ordinance or any rule or order adopted or issued pursuant to this Ordinance, or any term, condition, or provisions of any approved erosion control plan, the Town Manager or his designee may, either before or after the institution of any action or proceeding authorization by this Ordinance, issue a Stop Work Order for the site on which the violation has occurred. Upon issuance of such an order and the posting of same on the site of the violation, all work on the site of the violation shall cease, except those activities necessary to bring the site into compliance with this Ordinance. Notice of the Stop Work Order shall be in writing, directed to the person conducting the land-disturbing activity and shall state the reasons for issuance of the Order, and the conditions under which work may be resumed. Notice shall be given by registered or certified mail.
In the event service cannot be accomplished by registered or certified mail, it may be accomplished in any manner provided in rule 4(j) of the North Carolina Rules of Civil Procedure.
The person conducting the land-disturbing activity may appeal a Notice of Violation or Stop Work Order to the Town Board of Adjustment within a period of (30) thirty days after the Order is issued. Application for appeal shall be given in writing to the Town Board of Adjustment, with a copy to the Town Manager or his designee. The Town Board of Adjustment shall conduct a hearing at its next scheduled meeting, at which the appellant and the Town Manager or his designee shall be permitted to submit relevant evidence, and shall rule on the appeal as expeditiously as possible. Pending the ruling by the Town Board of Adjustment on an appeal, no further work shall take place in violation of a Stop Work Order.
(g) Applications for appeal shall be filed with the Town Manager and the Town Manager shall prescribe the form(s) on which applications are to be made, as well as any other material which may reasonably be required to make the determinations called for in the particular case, with sufficient copies for necessary referrals and records.
No application shall be accepted by the Town Manager unless it complies with such requirements. Applications which are not complete shall be returned forthwith to the applicant, with a notation of the deficiencies in the application.
On receipt of a complete application, the Town Manager shall transmit the application to the Board of Adjustment. In the case of applications for appeal, the Town Manager shall also transmit to the Board all documents constituting the record on which the decision being appealed was based.
(h) After its receipt of an application for appeal, the Board of Adjustment shall hold a public hearing on the application at its next available regularly scheduled meeting.
Notice of the date, time, and place of the public hearing shall be published in a newspaper of general circulation in the planning jurisdiction once a week for two (2) successive weeks, with the first notice to be published not less than ten (10) nor more than twenty-five (25) days prior to the date of the hearing.
The public hearing shall be open to the public and all interested persons shall be given the opportunity to present evidence and arguments and to ask questions of persons who testify. The Board may place reasonable and equitable time limitations on the presentation of evidence and arguments and the cross examination of witnesses so that the application may be heard without undue delay. All persons who intend to present evidence at the public hearing shall be sworn.
A record of the proceedings of the hearing shall be made and shall include all documentary evidence presented at the hearing.
(i) After completion of the public hearing, the Board of Adjustment shall take action on the application.
In the case of applications for appeal, such action shall be to reverse, or affirm (wholly or partly), or modify the decision being appealed.
In every case, the record of the action of the Board shall include a summary of its findings and the evidence supporting them.
(j) The Town Manager shall notify the applicant of the Board’s decision in writing within ten (10) days of the rendering of the Board’s decision and shall file a copy of it with the Town’s Planning Department.
(k) A decision of the Board of Adjustment on an application for appeal may be appealed to the Superior Court by an aggrieved party. Such appeal shall be in the nature of certiorari and must be filed within thirty (30) days of the filing of the Board’s decision in the Town’s Planning Department or the delivery of notice of the Board’s decision to the applicant.”
Section 3. Section 5-103 of the Town Code is hereby revised as follows:
“Sec. 5-103. Penalties.
(a) Civil penalties.
(1) Assessment of penalties. Any person who violates any of the provisions of this division or rules or orders adopted or issued pursuant to this division, or who initiates or continues a land-disturbing activity for which an erosion control plan is required except in accordance with the terms, conditions, and provisions of an approved plan, shall be subject to a civil penalty of five thousand dollars ($5,000.00) except that the penalty for failure to submit an erosion control plan shall be as provided in subparagraph (3) of this section. No penalty shall be assessed until the person alleged to be in violation has been notified of the violation has been notified of the violation by registered or certified mail, return receipt requested, or other means reasonably calculated to provide actual notice to the offender. The notice shall describe the violation with reasonable particularity, specify a reasonable time period within which the violation must be corrected. And warn that failure to correct the violation must be corrected, and warn that failure to correct the violation within the time period will result in the assessment of a civil penalty or other enforcement action. If, after the allotted time period has expired, the violator has not completed corrective action, a civil penalty may be assessed from the date of receipt of the notice of violation. However, no time period for compliance need to be given for failure to submit an erosion control plan for approval or for obstructing, hampering or interfering with an authorized representative while in the process of carrying out his official duties. Each day of a continuing violation shall constitute a separate violation under this subparagraph.
(2) Demand for payment of penalty. The Town Manager shall make written demand for payment upon the person responsible for the violation, and shall set forth in detail a description of the violation for which the penalty has been invoked. Notice of the assessment shall be by registered or certified mail or other means reasonably calculated to give actual notice. If payment is not received or equitable settlement reached within thirty (30) days after demand for payment is made, the matter shall be referred to the town or county attorney for institution of a civil action in the name of the town or county in the appropriate division of the general courts of justice for recovery of the penalty. Such civil actions must be filed within three (3) years of the date the final decision was served on the violator.
(3) Any person who fails to submit an erosion control plan for approval pursuant to this division shall be subject to a single, noncontinuing civil penalty of one thousand dollars ($1000.00). Any person who is subject to a civil penalty under this subdivision may be subject to additional civil penalties for any violation of any violation of any other provision of this division or any rule or order adopted or issued pursuant to this division by the Town of Chapel Hill.
(4) Civil penalties collected pursuant to this division shall be used or disbursed as directed by G.S. 113A-64(a).
(b) Criminal penalties. Any person who knowingly or willingly violates any provision of this division or rule or order adopted or issued pursuant to this division, or who knowingly or willfully initiates or continues a land-disturbing activity for which an erosion control plan is required except in accordance with the terms, conditions, and provisions of an approved plan shall be guilty of a misdemeanor punishable by imprisonment not to exceed ninety (90) days or by a fine not to exceed five thousand dollars ($5,000.00), or by both, at the discretion of the court.”
Section 4. Article V, Chapter 5 of the Town Code of Ordinances is hereby amended by adding a new Section 5-97.1 to read as follows:
“Sec. 5-97.1. Bonds.
All parties engaged in land-disturbing activities on a tract comprising more than one acre, if more than one acre is uncovered, shall provide a performance bond or other financial guarantee as appropriate, in an amount satisfactory to the Town Manager, to cover the restoration of failed or failing soil erosion and sedimentation control measures and/or of areas affected by the failure to control soil erosion and sedimentation generated by the land-disturbing activities and as required by the approved Soil Erosion and Sedimentation Control Plan.”
Section 5. Article V, Chapter 5 of the Town Code of Ordinances is hereby amended by adding a new Section 5-104.1 to read as follows:
“Sec. 5-104.1 Restoration of area affected by failure to comply with Town Soil Erosion and Sedimentation Regulations.
All parties engaged in land-disturbing activity on a tract comprising more than one acre, if more than one acre is uncovered, and fails to retain sediment generated by the activity, as required by the approved Soil Erosion and Sedimentation Control Plan, shall restore the waters and/or land affected by the failure so as to minimize the detrimental effects of the resulting pollution by sedimentation. The institution of an action to restore areas affected by failure to comply shall not relieve any party to such action from any civil or criminal penalty prescribed for violation of this Ordinance.”
Section 6. This ordinance shall become effective upon adoption.
This the 10th day of January, 2000.
A RESOLUTION STATING THE INTENT OF THE TOWN OF CHAPEL HILL TO CONSIDER ANNEXING THE AREA DESCRIBED HEREIN AND FIXING THE DATE OF PUBLIC HEARING ON THE QUESTION OF ANNEXATION (2000-01-10/R-3)
BE IT RESOLVED by the Town Council of the Town of Chapel Hill:
That it is the intent of the Town Council of the Town of Chapel Hill to consider annexing the following described territory pursuant to Part 3, Article 4A of Chapter 160A of the General Statutes of North Carolina:
Annexation Area 1. The Englewood subdivision, and two individual lots along the east side of Erwin Road. This annexation area is located in Chapel Hill Township, Orange County, North Carolina, as shown on the attached Map 1.
That a public information meeting will be held in the Council Chambers of the Town Hall, 306 N. Columbia Street, Chapel Hill, N.C. 27516 at 7:00 p.m., on the 1st day of March, 2000. That a public hearing on the question of annexing the above-described territory will be held in the Council Chambers of the Town Hall, 306 N. Columbia Street, Chapel Hill, N.C. 27516 at 7:00 p.m., on the 20th day of March, 2000, at which time plans for extending services to said territory will be explained, and all residents and property owners in said territory, and all residents of the Town of Chapel Hill, will be given an opportunity to be heard.
That a report of plans for extending services to the above-described territory be made available for public inspection at the office of the Town Clerk for at least thirty (30) days before the date of said public information meeting.
That a legible map of the area to be annexed and a list of persons holding freehold interests in property in the area to be annexed who have be identified, be posted in the office of the Town Clerk at least thirty (30) days before the date of said public information meeting.
That notice of said public hearing shall be given by publication and first class mail, as required by North Carolina General Statute 160A-49.
This the 10th day of January, 2000.
A RESOLUTION STATING THE INTENT OF THE TOWN OF CHAPEL HILL TO CONSIDER ANNEXING THE AREA DESCRIBED HEREIN AND FIXING THE DATE OF PUBLIC HEARING ON THE QUESTION OF ANNEXATION (2000-01-10/R-4)
BE IT RESOLVED by the Town Council of the Town of Chapel Hill:
SECTION 1
That it is the intent of the Town Council of the Town of Chapel Hill to consider annexing the following described territory pursuant to Part 3, Article 4A of Chapter 160A of the General Statutes of North Carolina:
Annexation Area 2. UNC land on Chapel Hill's side of the 1986 Durham/Chapel Hill Consent Judgment Annexation Boundary Line, as modified on August 19, 1994, and the right-of-way for a 2100-foot section of Barbee Chapel Road. This annexation area is located in the Triangle Township, Durham County, North Carolina, as shown on the attached Map 2.
That a public information meeting will be held in the Council Chambers of the Town Hall, 306 N. Columbia Street, Chapel Hill, N.C. 27516 at 7:00 p.m., on the 1st day of March, 2000. That a public hearing on the question of annexing the above-described territory will be held in the Council Chambers of the Town Hall, 306 N. Columbia Street, Chapel Hill, N.C. 27516 at 7:00 p.m., on the 20th day of March, 2000, at which time plans for extending services to said territory will be explained, and all residents and property owners in said territory, and all residents of the Town of Chapel Hill, will be given an opportunity to be heard.
That a report of plans for extending services to the above-described territory be made available for public inspection at the office of the Town Clerk for at least thirty (30) days before the date of said public information meeting.
That a legible map of the area to be annexed and a list of persons holding freehold interests in property in the area to be annexed who have be identified, be posted in the office of the Town Clerk at least thirty (30) days before the date of said public information meeting.
That notice of said public hearing shall be given by publication and first class mail, as required by North Carolina General Statute 160A-49.
This the 10th day of January, 2000.
AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1999 (2000-01-10/O-2)
BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled “An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 1999” as duly adopted on June 14, 1999 be and the same is hereby amended as follows:
ARTICLE I
Current Revise
APPROPRIATIONS Budget Increase Decrease Budget
CAPITAL
IMPROVEMENTS FUND 1,719,605 7,125 1,726,730
ARTICLE II
Current Revised
REVENUES Budget Increase Decrease Budget
CAPITAL
IMPROVEMENTS FUND 1,719,605 7,125 1,726,730
This the 10th day of January, 2000.
(2000-01-10/R- 5)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council adds the following meetings to the Council’s meeting schedule:
This the 10th day of January, 2000.
A RESOLUTION AUTHORIZING THE MANAGER TO REINSTATE ADDITIONAL FIXED ROUTE BUS TRIPS TO THE PINE KNOLLS NEIGHBORHOOD (2000-01-10/R-6)
WHEREAS, the Town of Chapel Hill has received a petition for the residents of the Pine Knolls neighborhood regarding the reinstatement of some fixed route bus trips; and
WHEREAS, the petition has been referred to the Transportation Advisory Board and the staff for a recommendation; and
WHEREAS, the Transportation Board and the staff recommend a temporary reinstatement of six trips per weekday to this neighborhood for the remainder of this fiscal year;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Manager be directed to reinstate six bus trips as soon as possible, and that the use of this service be monitored over the next few months and that a recommendation be provided from the Manager and the Transportation Board regarding the continuation of this service in the FY2000-2001 Budget.
This the 10th day of January, 2000.
A RESOLUTION CALLING A PUBLIC HEARING ON THE PRELIMINARY ASSESSMENT ROLL FOR PAVING AND ASSOCIATED IMPROVEMENTS ON SUGARBERRY ROAD (2000-01-10/R-7)
WHEREAS, total project costs have been compiled for paving and associated improvements on Sugarberry Road; and
WHEREAS, a preliminary assessment roll has been established for this project and is on file with the Town Clerk;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council calls a public hearing at 7:00 p.m. on Monday, February 28, 2000, in the Town Hall, 306 North Columbia Street, to receive comments on the preliminary assessment roll paving and associated improvements on Sugarberry Road.
This the 10th day of January, 2000.
A RESOLUTION DIRECTING EXPEDITED PROCESSING IN THE REVIEW OF THE SPECIAL USE PERMIT APPLICATION FOR THE DELTA KAPPA EPSILON RENOVATION AND EXPANSION PROJECT (2000-01-10/R-9)
WHEREAS, the Town Council has received a petition from Mr. Dan Jewell for expedited processing of a Special Use Permit application for renovations to and expansion of the Delta Kappa Epsilon fraternity house, located at the northeast corner of the South Columbia Street/Cameron Avenue intersection; and
WHEREAS, the proposed improvements to the fraternity house would bring the building into compliance with the Town of Chapel Hill’s fire safety codes;
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 Delta Kappa Epsilon renovation and expansion project, in a manner that will speed review without sacrificing breadth or depth of analysis.
This the 10th day of January, 2000.
A RESOLUTION DECLARING 109 ITEMS OF PERSONAL PROPERTY TO BE SURPLUS AND AUTHORIZING AND DIRECTING THE DISPOSAL OF SAID PROPERTY IN ACCORDANCE WITH STATUTORY REQUIREMENTS (2000-01-10/R-10)
WHEREAS, Article 12 of N. C. General Statute Chapter 160A and Section 4.16 of the Charter of the Town of Chapel Hill authorize the Town to dispose of surplus property; and
WHEREAS, the Town desires to dispose of certain items of personal property;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the following items of personal property are hereby declared surplus:
ITEM DESCRIPTIONS VIN #
1991 Chevrolet S10 Pickup Truck 9844
1996 Oldsmobile Ciera Station Wagon 1767
1996 Oldsmobile Ciera Station Wagon 1799
1996 Oldsmobile Ciera Station Wagon 2272
(9) Desks
(31) Office Chairs
(3) Tables
(3) Sofas
(2) File Cabinets
(38) Computers, Monitors, and Accessories
(1) Comdial Phone System w/20 Phones
(1) Locker
(1) Bookshelf
(1) Metal/Plastic Bookcase
(1) Open Front Cabinet w/Shelf
(1) 19” TV
(1) Computer Hutch
(1) Rolling Computer Stand
(1) Window Air Conditioner Unit
(1) Glass Door
(2) Floor Heaters
(1) Plastic Recycle Bin
(1) Plastic Step Up
(2) Computer Disk Holders
(1) Head Immobilizer
(1) Assorted Kick Boards
(1) Miscellaneous Office Supplies
That the Purchasing Agent of the Town of Chapel Hill shall be and is hereby authorized to dispose of this surplus personal property in accordance with statutory requirements.
That the public auction is to take place on Saturday, February 5, 2000, at 10:00 a.m., at the Municipal Operations Facility, 1099 Airport Road.
That prior to public auction the Purchasing Agent is authorized to dispose of any of personal property by sale, lease, exchange, sealed bid, or transfer to other governmental units in conformity with N. C. General Statute 160A-274.
That the terms of the sale shall be to the highest bidder for cash or other form of cash equivalent acceptable to the Purchasing Agent. All sales shall be designated final on the day of the auction.
That all items shall be sold on an “as is” and “where is” basis and the Town makes no guarantee and assumes no responsibility for any of the items.
That it shall be condition of sale that all items purchased shall be picked up and removed from the premises of the Municipal Operations Facility by 3:00 p.m., on the day of the auction. Successful bidders shall bear the sole risk for loss of any items remaining on said premises past the designated time.
This the 10th day of January, 2000.
WHEREAS, N. C. General Statute 160A-266c was amended effective July 1, 1997, authorizing Town Councils to adopt regulations prescribing procedures for disposal of personal property valued at less than five thousand dollars ($5,000);
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill:
BE IT FURTHER RESOLVED that the purpose of this resolution is to facilitate the sale of such property and secure for the Town a fair market value.
This the 10th day of January, 2000.
A RESOLUTION TEMPORARILY CLOSING GIMGHOUL ROAD AND GLANDON DRIVE (CHAPEL HILL GARDEN CLUB SPRING GARDEN TOUR) (2000-01-10/R-12)
BE IT RESOLVED by the Council of Chapel Hill that the Council hereby authorizes the closing of Gimghoul Road and Glandon Road on April 8, 2000 between 9:30 AM and 4:00 PM and on April 9, 2000 from 11:30 AM to 4:00 PM to allow the holding of the Chapel Hill Garden Club Spring Garden Tour.
This the 10th day of January, 2000.
A RESOLUTION ACCEPTING A BID AND AWARDING A CONTRACT FOR THE INSTALLATION OF COMPRESSED NATURAL GAS REFUELING EQUIPMENT
(2000-01-10/R-13)
WHEREAS, the Town of Chapel Hill has solicited formal bids by advertisement in the November 14, 1999, edition of The Chapel Hill News in accordance with G.S. 143-128, for the installation of compressed natural gas refueling equipment and received no bids in response to this solicitation; and
WHEREAS, the Town of Chapel Hill has solicited, for a second time, formal bids by advertisement in the December 5, 1999, edition of The Chapel Hill News in accordance with G.S. 143-128, for the installation of compressed natural gas refueling equipment; and
WHEREAS, the following bid was received from Clean Energy Enterprises and opened on December 14, 1999:
Item Cost
(1) Fuelmaker FMQ-8-36, Vehicle Refueling Appliance $18,665
(1) Fuelmaker Fast-fill Storage System $14,540
(1) Fuelmaker FMQ-2-36, Vehicle Refueling Appliance $ 5,800
Shipping Charges $ 875
Miscellaneous Supplies and Hardware $ 775
Installation Labor $ 1,800
Total $42,455
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town accepts the bid of and awards the contract to the lowest responsive bidder, Clean Energy Enterprises, in the amount of $42,455.
This the 10th day of January, 2000.
A RESOLUTION AUTHORIZING A LEASE FOR OLD MUNICIPAL BUILDING FOR USE AS A SHELTER FOR THE HOMELESS (2000-01-10/R-14)
WHEREAS, the Council of the Town of Chapel Hill, on March 2, 1998, authorized the Town Manager to enter into a lease for the Old Municipal Building for use as a shelter for the homeless;
WHEREAS, the term of said lease was for two years, ending on December 31, 1999; and
WHEREAS, Inter-Faith Council for Social Services, Inc., originally entered into a lease with the Town for the Old Municipal Building on December 1, 1990, and has requested that the lease be renewed; and
WHEREAS, a notice of intent to execute this lease extension was published in the December 29, 1999, edition of The Chapel Hill News to satisfy the requirements of N. C. General Statute 160A-272;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to enter into an agreement for the lease to the Inter-Faith Council for Social Services, Inc., for the Old Municipal Building at 100 West Rosemary Street, for use as a shelter for the homeless and community kitchen, for a period beginning on February 1, 2000 and ending on January 31, 2001, said agreement to contain language substantially the same as contained in the attached lease agreement.
This the 10th day of January, 2000.
A RESOLUTION AUTHORIZING THE TOWN MANAGER TO APPLY FOR A GRANT FROM THE STATE HISTORIC PRESERVATION FUND IN ORDER TO UPDATE THE HISTORIC DISTRICT DESIGN GUIDELINES (2000-01-10/R-15)
WHEREAS, the Town, through the Comprehensive Plan Goals and Objectives, has stated the goal of conserving and enhancing areas, sites, and structures of special visual, architectural or historical value; and
WHEREAS, the Town, through the Comprehensive Plan, has stated the goal of conserving and enhancing the natural beauty and atmosphere of Chapel Hill; and
WHEREAS, updating the Historic District Design Guidelines would help the Town achieve these goals;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill, that the Council authorizes the Town Manager to apply for a 2000 Historic Preservation Fund Grant to prepare an update to the Historic District Design Guidelines.
This the 10th day of January, 2000.
A RESOLUTION AUTHORIZING THE MANAGER TO USE TOWN FUNDS FOR AN APPRAISAL OF THE CRAIGE PROPERTY (2000-01-10/R-16)
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is authorized to order an appraisal of the 8.48-acre Hazel Craige property (Chapel Hill Tax Map 126, Block B, Lots 9 and 11).
This the 10th day of January, 2000.
A RESOLUTION REQUESTING FOR INTERIM REPORT TO THE TOWN COUNCIL BY THE MERRITT PASTURE COMMITTEE (2000-01-10/R-17)
WHEREAS, the Town Council referred issues about the Merritt Pasture to the Parks and Recreation Commission and to the Greenways Commission, and
WHEREAS, the Commissions created a Merritt Pasture Committee to consider these issues,
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council thanks the members of the Merritt Pasture Committee for their on-going work, and respectfully requests an interim report by the end of February 2000.
This the 10th day of January, 2000.
A RESOLUTION DESIGNATING LIAISON TO THE TRIANGLE TRANSIT AUTHORITY BOARD OF DIRECTORS (2000-01-10/R-18)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council appoints Mayor Rosemary Waldorf to serve as Chapel Hill’s liaison to the Triangle Transit Authority Board of Directors.
This the 10th day of January, 2000.
Council Member Brown removed 5b.
COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER BATEMAN, TO ADOPT ORDINANCE 3.
Council Member Ward said he thought the Council should have a comprehensive look at the use of stop signs, and requested comment from the staff regarding this.
Mayor Waldorf explained that 5b was placed on the Agenda at a citizen’s request.
Traffic Engineer David Brown responded to Council Member Ward’s request, saying that, based on the 1989 Council policy for the placement of stop signs and assignment of speed limits, the sign request did not meet the criteria for stop sign placement. Mr. Horton added that over the course of the years, traffic changed and citizens’ viewpoints changed with regard to stop sign placement, and requests for stop signs did appear periodically one at a time. He said this was the reason the Council had adopted standards, in order to evaluate the requests.
Council Member Brown added that these ordinances came about from citizens’ requests and she hoped that the Ordinance would be adopted.
THE MOTION WAS ADOPTED 6-3, WITH COUNCIL MEMBERS BATEMAN, BROWN, FOY, STROM, WARD, AND WIGGINS VOTING AYE, AND MAYOR WALDORF AND COUNCIL MEMBERS EVANS AND PAVÃO VOTING NAY.
AN ORDINANCE AMENDING CHAPTER 21-13 OF THE CODE OF ORDINANCES REGARDING RIGHT-OF-WAY AND STOP REGULATIONS (2000-01-10/O-3)
BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
Section 1. Section 21-13(a) of the Town Code of Ordinances, “Right-of-way and stop regulations” is hereby amended by deleting the following:
“Through Streets Stop Streets
Brookview Drive
Kenmore Road”
Section 2. Section 21-13(c) of the Town Code of Ordinances, “Right-of-way and stop regulations” is amended by inserting the following, in appropriate alphabetical order:
“Intersection(s)
Section 3. This ordinance shall become effective February 1, 2000.
This the 10th day of January, 2000.
Council Member Ward requested that a study be undertaken regarding the regulation of stop signs. Mr. Horton said that the staff would bring the Council a process recommendation and a schedule.
Council Member Wiggins said the area under discussion was in her neighborhood and she felt the ordinance would create a safer intersection.
Planning Director Roger Waldon explained that the idea behind adoption of the ordinance requiring a mix of housing types in new residential development came from a Carrboro ordinance which did have this requirement. He said the ordinance had been adapted to a form suitable for Chapel Hill. He said the ordinance would require that a certain percentage of houses in new subdivisions be at or below a certain size, which would guarantee a mix of house sizes. Mr. Waldon said that the initial suggestion was for the Council to call a public hearing on February 21, 2000, but this was no longer feasible, and the staff suggested a public hearing on April 17, 2000.
Mayor Waldorf asked why the public hearing couldn’t be on February 21. Mr. Waldon said it would be difficult to get notification out and to get it to the Planning Board by the 21st of February, and, secondly, a proposal will be considered later on in the meeting to have a joint public hearing with the County on February 21, 2000. He said it could be placed on the agenda for a public hearing on March 20, 2000, but other items might have to be rescheduled to accommodate it.
Council Member Evans asked if the ordinance had been used in Carrboro. Mr. Waldon responded that as of a few weeks ago it had not been used.
Council Member Evans said there were several meetings scheduled which concerned housing and asked if other suggestions could be added before the scheduled April public hearing. Mr. Waldon said other items could be added to a scheduled public hearing, if the ordinance was enacted this evening
Council Member Brown said she would like to see some action on this ordinance, since it had been around for some time, and she felt it was at least a beginning.
COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER BATEMAN, TO ADOPT RESOLUTION 19 WITH A MARCH 20, 2000 HEARING DATE.
Council Member Evans said she did not think there was an immediacy to calling a public hearing in March, as the Council might gain more information. She said there were other groups looking at public housing and they should be given a chance to speak at a public hearing.
Council Member Bateman said this petition had been brought to the Council at its retreat a year ago, and she felt it was time to hold a public hearing.
THE MOTION WAS ADOPTED 8-1, WITH MAYOR WALDORF, AND COUNCIL MEMBERS BATEMAN, BROWN, FOY, PAVÃO, STROM, WARD, AND WIGGINS VOTING AYE, AND COUNCIL MEMBER EVANS VOTING NAY.
A RESOLUTION CALLING A PUBLIC HEARING TO CONSIDER CHANGES TO THE DEVELOPMENT ORDINANCE REGARDING A MIX OF DWELLING UNIT SIZES FOR NEW SUBDIVISIONS (2000-01-10/R-19)
WHEREAS, the Chapel Hill Town Council has expressed concern about the cost of housing in Chapel Hill and the size of new houses being constructed; and
WHEREAS, the Town Council has indicated a desire to consider changing the Development Ordinance as identified in the attached draft ordinance to require a mix of dwelling unit sizes;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby calls a Public Hearing for Monday, March 20, 2000 to consider the proposed amendment to the Development Ordinance that would establish a new regulation, requiring a mixture of dwelling unit sizes in new residential subdivisions.
This the 10th day of January, 2000.
Council Member Wiggins requested that staff arrange for the Council to visit some homes of 1,100-1,300 square feet.
COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER BATEMAN, TO INCLUDE SPECIAL USE PERMITS IN THE PUBLIC HEARING PROCESS. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Item 7 – Report from Town/State Technical Committee Regarding Bicycle
And Pedestrian Improvement Opportunities
Engineering Director George Small said the report had been developed by a joint Town/State (North Carolina Department of Transportation) technical committee which had been called to study pedestrian and bicycle improvement opportunities on State roads in Chapel Hill. He said the committee had developed a list of ideas, some expensive and difficult, and some not difficult, to implement. Mr. Small said the committee was recommending to the Council that, if it passed the resolution, the recommendations be referred to the Bicycle and Pedestrian Advisory Board to look at the ideas and to advise the Council which ones they wished to pursue. He said the committee listed those ideas that the staff could pursue, and those the Council might wish to be involved in.
COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER FOY, TO ADOPT RESOLUTION 20.
Council Member Foy listed the priorities he would like pursued:
· Investigate and consider new and/or different interpretations of the MUTCD and AASHTO GREEN BOOK that could allow new opportunities for pedestrians and bicycles.
· Hold annual meetings between Town/State officials to review and discuss long-term planning for facility improvement and compatibility.
· Install a (signalized) mid-block pedestrian crosswalk in the 400 block of West Franklin Street.
· Create all stop “Barnes Dance” signal phasing at intersection of Columbia Street and Franklin Street.
· Perform Town-wide connectivity study for bicycle and pedestrian facilities.
· Evaluate and identify locations where “bulb-out” (curb extensions) could be installed to effectively narrow State roads.
· Investigate and evaluate alternatives for intersection design and operation, such as use of roundabouts and/or all-stop signal phasing.
· Construct bike lanes on Estes Drive and Estes Drive Extension.
Council Member Evans suggested that a copy of suggestions given at a talk she attended be distributed to the Council to consider when deliberating the ideas suggested by the Town/State technical committee.
THE MOTION WAS ADOPTED UNANIMOUSLY, WITH COUNCIL MEMBER FOY’S AMENDMENTS (9-0).
A RESOLUTION THANKING THE JOINT TOWN/STATE TECHNICAL COMMITTEE FOR THE STUDY OF PEDESTRIAN AND BICYCLE IMPROVEMENT OPPORTUNITES ON STATE ROADS IN CHAPEL HILL AND REFERRING THE COMMITTEE’S LIST OF OPPORTUNITIES TO THE TOWN BICYCLE AND PEDESTRIAN ADVISORY BOARD FOR REVIEW AND RECOMMENDATIONS
(2000-01-10/R-20)
WHEREAS, the Chapel Hill Town Council is interested in improving pedestrian and bicycle accommodations throughout the community; and
WHEREAS, such accommodations are particularly important when they involve major thoroughfares in our community which carry significant volumes of motorized vehicles; and
WHEREAS, most such thoroughfares in Chapel Hill are owned and operated by the State of North Carolina; and
WHEREAS, at the Town’s request a joint Town/State Technical Committee was established to study pedestrian and bicycle improvement opportunities on State roads in Chapel Hill; and
WHEREAS, the Committee developed a list of improvement opportunities which was presented at a public forum and a Public Hearing in Chapel Hill to receive comments and suggestions which were subsequently considered by the Committee.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council wishes to express its appreciation to the Committee for its thoughtful and creative work in developing a list of possible pedestrian and bicycle improvement opportunities on State roads in Chapel Hill.
BE IT FURTHER RESOLVED that the Council refers the list of opportunities to the Town Bicycle and Pedestrian Advisory Board for review and follow-up recommendations.
This the 10th day of January, 2000.
Item 8 – Report on Soil Erosion and Sedimentation Issues
Mr. Neal said there were some new and innovative devices and techniques for controlling sedimentation:
· Skimmer is a device that floats on the water surface of a sediment basin.
· Level Spreader is a device which causes the sediment laden water to sheet flow through an area of vegetation at relatively shallow depths.
· Flocculants are agents which contain gypsum to reduce the turbidity of water.
· Filters such as the “Dirt Bag”, similar to a vacuum cleaner bag, which filters sediments out of the water and then thrown away.
Mr. Neal reported on issues raised by the Council at a workshop on soil erosion and sedimentation:
· Phased or staged construction within a given watershed to mitigate soil erosion and sedimentation. Mr. Neal said a summer session of the Legislature adopted local legislation for Chapel Hill with wording which was general and did not provide authorization for the Town to regulate the timing and number of developments occurring in the watershed. He said it would allow the Town to enact local ordinances that would enhance and increase sedimentation protection for concurrent development within the same watershed. Mr. Neal said if the Council wished to enact a local ordinance, the staff felt that a work session with Council would be helpful to receive guidance on a practical and enforceable ordinance to meet the Council’s objectives.
· Pertinent features of other local governments. Mr. Neal said all North Carolina governments generally use the same techniques and have similar programs under the State and that Chapel Hill and Orange County were usually noted as a model program. He said that in Olympia, Washington, no stormwater discharge or sedimentation was allowed to leave the construction site, which, in Olympia, was easy to implement due to the granular, porous soil.
· To improve soil erosion and sedimentation standards and lines of communication. Mr. Neal said the staff believed that there should be one source of communication, which was the Orange County staff, and that was the method being used presently.
· The right of the Town to require developers to restore damaged streams and ponds; and/or to sue developers for soil erosion and sedimentation damages and apply awards to mitigation of such damages. Mr. Neal said the State Act authorized three types of remedies: (1) injunctive relief; (2) penalties; (3) damages; and, (4) remedies under other environmental laws.
· Delineation of responsibilities for soil erosion and sedimentation controls and the adoption of an amendment at this evening’s meeting addressed the delineation of responsibilities.
Mr. Neal said the Council has asked for a report on the applicable federal/State requirements of the National Pollutant Discharge Elimination (NPDES) System-Phase II regulations, which were finalized in November. He said construction sites less than 5 acres but greater than ½ acre are required to have a NPDES permit. He said cities would be required to have several elements included in their erosion control programs, all of which Chapel Hill was currently doing.
Mr. Neal said another issue was soil erosion and sedimentation management efforts in the Neuse Rive Basin and their applicability to the Chapel Hill ordinance. He said the staff believed that the Resource Conservation District Ordinance exceeded the regulations in the Neuse River Basin.
Council Member Strom asked if there could be a report to dovetail with the Phase II requirements regarding streams in Chapel Hill and whether they were in compliance with Section 303(d) of the Federal Clean Water Act. He would like to see it referred to an appropriate board or a reconvened Storm Water Board. Mr. Small commented that the Town did have a comprehensive stream water testing program on a monthly basis at key points.
Council Member Strom said it was his understanding, through the website, that Morgan Creek, Bolin Creek, and sections of New Hope Creek were out of compliance with the Section 303(d) compliance and felt that the Town should formalize the methods of having those streams brought into compliance. Mr. Horton said the staff could confirm the reports on the websites and confirm with the State. He said there were places where the creeks crossed the Chapel Hill borders, where this might be possible.
Council Member Brown asked Mr. Neal to amplify the comment on the bottom of page 3 of the report, “We think the most effective way to reduce erosion (and resulting sedimentation) is to limit the amount of disturbed area…” She asked what more could be done to limit the amount of disturbed area. Mr. Neal said one of the methods used by Olympia, Washington was the reduction of the amount of impervious surfaces, by using a planning technique called “performance based zoning,” which limited impervious surfaces.
Council Member Brown asked if the limitation of impervious surfaces was in the Olympia, Washington Development Ordinance. Mr. Neal said it was in the report as a planning document, as a goal, but not in their Development Ordinance. Mr. Horton said the staff could bring back a report to the Council regarding the method used by Olympia.
COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER WARD, TO REQUEST THE STAFF TO BRING A PROPOSAL BACK TO THE COUNCIL FOR A PRACTICAL AND ENFORCEABLE ORDINANCE TAKING INTO ACCOUNT THE INFORMATION IN THE REPORT WITH OPTIONS.
COUNCIL MEMBER BROWN AMENDED THE MOTION TO INCLUDE THE DETAILED REPORT SHE HAD REQUESTED AND THE REQUEST OF COUNCIL MEMBER STROM CONCERNING COMPLIANCE OF STREAMS TO SECTION 303(D) REGULATIONS, AND NON-POINT RUN-OFF IN THE TOWN.
These amendments were considered as “friendly” and agreeable to mover and seconder.
Council Member Evans suggested getting more information from the Triangle Jcouncil of Governments.
THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Mayor Waldorf announced that Item 9 had been removed from the Agenda.
Item 10 – Airport Road BP Gas Station Special Use Permit Modification
10a. Planning Director Roger Waldon reviewed the proposal continued from a November 15, 1999 Public Hearing and said the issues raised at the hearing were related to traffic, access to the site, architecture of the canopy height, lighting, water control protection, and responses to those issues were contained in the Council’s packets. He said also contained in the packet was the response to those issue questions by the applicant. Mr. Waldon said the proposal involved some issues not meeting the current Town regulations for service stations. He said this was a request for modifications of an existing Special Use Permit and that the Council had discretion to modify any regulations applying to the site, which would involve consideration of four findings, one of which was that the proposal met all of the quantitative requirements and standards in the ordinance. He said this proposal did not meet those requirements, but Council could modify these standards if it found that what was being proposed satisfied public purposes to the equivalent or greater degree.
Mr. Barnes, the applicant, summarized the benefits of the proposed BP Gas Station: (1) enhancement of the entryway into Chapel Hill; (2) improved public safety with traffic flow and relocation of the bus stop; (3) improved bicycle and pedestrian access; (4) additional environmental safety with new gas storage tanks; and (5) further environmental and water quality benefits by reducing the amount of impervious surface areas from the existing area.
Council Member Brown read into the record for the public hearing language from the Comprehensive Plan:
“Economic Diversity: The Town shall encourage a local economy characterized by varied scale and types of educational, research, professional, commercial and service activities.
“Commercial Opportunities: The Town shall encourage development in existing commercial centers which serve communities-wide markets. Such centers, which lie on thoroughfares and public transportation and contain a mix of economic activities,….
“Town Character: The Town shall achieve flexibility in applying the Town standards and to promote quality design and that protects and enhances Chapel Hill’s character, that retention and enhancement of areas and features of community-wide value which serves to define the identity and contribute to the image of Chapel Hill.
“The Town shall protect the visual character and design quality along Town entranceways.”
COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADJOURN THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
10b. Council Member Bateman said she was not persuaded that any additional service station/convenience store would serve the public interest.
COUNCIL MEMBER BATEMAN MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT RESOLUTION 22D, TO DENY THE SPECIAL USE PERMIT MODIFICATION.
Mayor Waldorf concurred with the motion, noting that the public welfare was better served by not modifying the Development Ordinance to allow another convenience store so near to an existing one.
Council Member Ward said he concurred with the decision and that further imbedding a non-conforming element of the Comprehensive Plan did not benefit the public safety.
THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION DENYING A SPECIAL USE PERMIT MODIFICATION APPLICATION FOR THE AIRPORT ROAD BP SERVICE STATION (SUP MOD 24-37A)
(2000-01-10/R-22d)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit Modification application proposed by M.M. Fowler, on property identified as Chapel Hill Township Tax Map 24, Lot 37A, (PIN# 9789-29-5003) if developed according to the plans dated February 3, 1999 and conditions listed below would not:
1. Be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;
2. Comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Articles 12, 13, and 14, and with all other applicable regulations;
3. Be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and
4. Conform with the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.
BE IT FURTHER RESOLVED by the Town Council of Chapel Hill that it finds, in this particular case, that the following modifications to the regulations, requested by the applicant, would not satisfy public purposes to an equivalent or greater degree:
1. Modification of Subsection 18.7.15 (4) of the Development Ordinance to allow the present nonconformance, relative to distances between this and two nearby service stations, to continue.
2. Modification of Subsection 18.17.15 (4) of the Development Ordinance to allow the proposed driveway entrances on Airport Road and Critz Drive to be approximately 202 feet and 145 feet, respectively, from the intersection.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby denies the Special Use Permit Modification application for the Airport Road BP Service Station of Chapel Hill.
This the 10th day of January, 2000.
Mr. Barnes, owner of the property under discussion, said he thought he was going to be allowed to speak this evening and was disappointed that the proposal had been turned down because he was not going to operate the property as a gas station but would continue to operate it as a convenience store, which, by law, he was allowed to do. He said the Town would now have a second-rate convenience store, rather than an attractive one that he had proposed. Mr. Barnes said the staff had indicated the Council would not vote this evening.
Mayor Waldorf said that most often the Council votes on the evening that the public hearing is closed, with rare exceptions. She told Mr. Barnes that what he was asking for was an exception to the rules, not an entitlement, which should have been made clear to him from the beginning.
COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ASK THE TOWN ATTORNEY IF A PROCESS COULD BE IDENTIFIED TO AMEND THE ORDINANCE TO ALLOW AN APPLICANT TO KNOW AT THE FRONT END OF THE DEVELOPMENT PROCESS WHAT THE OPINION OF THE COUNCIL WOULD BE IN AN APPLICATION FOR A MODIFICATION OF A SPECIAL USE PERMIT. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Item 11 – Consideration of Resolution to Continue the Public Hearing Regarding the Meadowmont Affordable Housing Special Use Permit to January 24, 2000
COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT RESOLUTION 23. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION CONTINUING THE PUBLIC HEARING ON THE MEADOWMONT AFFORDABLE HOUSING APPLICATION FOR A SPECIAL USE PERMIT
(2000-01-10/R-23)
WHEREAS, the Town Council opened a public hearing on November 15, 1999, on an application for a Special Use Permit related to the Meadowmont Affordable Townhomes, and recessed the Hearing to January 10, 2000 and
WHEREAS, the applicant has requested additional time to prepare a revised application;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council continues the Public Hearing, to be reconvened at 7:00 PM on January 24, 2000, in the Chapel Hill Town Council Chamber.
This the 10th day of January, 2000.
Item 12 – Second Reading of Ordinance Regarding Traffic
Diverters on Rogerson/Oakwood Drives
COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT ORDINANCE 4. THE MOTION FAILED 5-4 WITH MAYOR WALDORF, COUNCIL MEMBERS EVANS, PAVÃO, WARD, AND WIGGINS VOTING NAY, AND COUNCIL MEMBERS BATEMAN, BROWN, FOY, AND STROM VOTING AYE.
COUNCIL MEMBER BROWN MOVED, SECONDED BY MAYOR PRO TEM PAVÃO, TO LEAVE THE TEMPORARY DIVERTERS IN PLACE UNTIL TRAFFIC CALMING MEASURES ARE STUDIED FOR THE ENTIRE AREA.
Paula Davis said she wanted to clarify the fact that, although Burning Tree Drive, Cleland Drive, Pinehurst Drive, Oakwood Drive and Rogerson Drive all had been classified at the November 22, 1999, Council meeting as having equivalent functions and as equivalent streets, they were not, according to the Chapel Hill-Carrboro Thoroughfare Plan. She said that Burning Tree Drive, Pinehurst Drive, and Cleland Drive were classified as “collector” streets, and Oakwood Drive and Rogerson Drive were classified as “local” streets, on the Thoroughfare Plan. She asked that the traffic diverters become permanent.
Beth Kell said she had been on a committee to study the traffic problems of cut-through traffic on Rogerson Drive and Oakwood Drive, with cars cutting off Highway 54 in order to get to Highway 15-501 North. She said with the additional traffic that would occur when Meadowmont was finished, traffic should keep to the major arterials. She felt that the diverters placed on these two streets had been very effective and affordable. She asked that the Council honor their campaign promises to keep the streets safe for bicycles, pedestrians, and residents, by making the diverters permanent. She asked that the diverters remain in place until an equally effective measure of protection could be found, funded, and implemented.
Jeremy Firestone, an environmental professional, said he lived on the corner of Oakwood Drive and used the street to bike, walk, rollerblade and drive his car, but he felt that the diverters were dangerous and unsightly. He said it was extremely dangerous to drive on Hamilton Road and added the study had been flawed. He said Council Member Foy should recuse himself from voting on this issue because he was a resident of the area.
Attorney Karpinos noted that this was not a proper subject for recusal by Council Member Foy under State statutes.
Madeline Jefferson reiterated that the problem with the survey was that it did not include Hamiliton Road or Cleland Drive. She said the whole area of influence should be studied before a decision was made. Ms. Jefferson said that Oakwood Drive was the same width as Burning Tree Drive, and the diverters were an accident waiting to happen. She urged that the barriers be removed immediately and a committee of the area residents be formed to devise a plan for traffic calming measures for both neighborhoods that would not include barriers between neighborhoods.
Mr. Horton said that the staff would be bringing back a report to the Council which would include all the data requested in previous discussions.
Council Member Ward requested that the University’s Bicycle and Pedestrian Committee be involved in the study. He also asked the staff to bring back a report for solutions to the same problems in other areas of the Town. He felt that his vote on this proposal could be dependent upon how it would affect other similar areas in Town. Mr. Horton said the staff would be making a recommendation for a proposed scope for Council approval.
Council Member Brown said she thought the resolution passed during the Meadowmont proceedings would be used as a basis of the study. She felt the resolution should be included when looking at the report from staff.
Council Member Bateman asked that the scope of study include all the traffic management ideas.
THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Council Member Strom requested that the diverters be looked at to determine if something else was available which was more stable and/or attractive. Mr. Horton said the staff would look into that request.
Item 13 – Review of Implementation of Hamilton Road/
Highway 54 Recommendations
Traffic Engineer David Brown said that in September the Council directed the Town Manager to seek State approval to perform improvements involving State facilities, and to proceed with those recommendations not requiring State approval, based on the study of the Work Group formed to study the intersection of NC 54 and Hamilton Road. He said Mayor Waldorf met with Secretary McCoy of the North Carolina Department of Transportation, who then forwarded the recommendations to the State Traffic Engineer for review and response. He said the State approved and would fund the following:
· Item 3 – Provide a continuous sidewalk on both sides of NC 54 from US 15-501 to Burning Tree Drive,
· Item 6 – Provide school pavement markings, signs, and overhead school speed limit flashers on NC 54, and
· Item 7 – Provide pedestrian signals on all approaches at the NC 54/Hamilton Road intersection.
Mr. Brown said the State also approved, and the Town would be responsible for, funding:
· Item 1 – Construct textured and colored crosswalks,
· Item 2 – Landscape the median on NC 54 from US 15-501 to Burning Tree Drive, and
· Item 4 – Place rumble strips in all lanes of both NC 54 approaches in advance of the NC 54/Hamilton Road intersection.
Mr. Brown said the State did not approve prohibiting right turns on red at this intersection. He said the staff was still working on the recommendations not requiring State approval:
· Item A – Still working on the sidewalk project and expect to receive approval in March 2000,
· Item B – Continuing to work with the State to reduce sign clutter and confusion along NC 54 in the vicinity of Hamilton Road,
· Item C – The Police Department had provided uniform clothing and equipment to clearly designate school crossing guards and made every reasonable effort to assure backups for the school crossing guards in case of absences and have scheduled this area for regular patrol,
· Item D – The Mayor had submitted a letter on behalf of the Town Council to the Chapel Hill-Carrboro School Board requesting that consideration be given to developing a pedestrian education program in the schools,
Mr. Brown noted a change regarding the funding of these items which was not included in this evening’s agenda. He said the NC 54/Hamilton Road intersection project had been included in the Transportation project priority list for fiscal years 2000-2008, and was also included in the Draft Regional priority list. He said the Council could request the Transportation Advisory Committee to move the project up on the priority list to reflect the Town's identification of this project as a higher priority. He said the staff did not expect the funding to be available for the projects until the year 2002-2003.
Mr. Brown noted that the funding for the “traffic calming” projects had $35,000 available, not $40,000, as presented.
Mr. Brown said the staff would continue to work with the Sate to improve pedestrian safety and mobility concerns at, and around, the NC 54/Hamilton Road intersection. He said the staff, unless otherwise directed, would request the State to prepare a municipal agreement for improvements outlined in the November 16, 1999 letter from the State and as discussed in the report. He said the staff would begin working with the Transportation Advisory Committee to obtain Direct Allocation funds to construct those improvements for which the Town would be responsible.
Council Member Evans asked Mr. Brown to study the possibility of using microwave detection devices for the intersection. Mr. Brown said in some circumstances microwave detection had been used instead of push-button devices and he would investigate its possibilities.
Council Member Brown asked the staff to meet with the UNC Safety Research Center personnel to look at their research on crosswalks and other possibilities of raised crosswalks and bring back a report for the Council.
Engineering Director George Small said the staff was working with the recommendations that of the Work Group, and said it would be appropriate to discuss the research by the UNC group with the Work Group first, before changing it.
Council Member Brown said she would like the Council to receive the UNC report and the Work Group should receive the information as well.
Dorothy Verkerk said she wanted to clarify the discussion at a seminar held regarding pedestrian safety and zebra crosswalks. She said that it was safer to J-walk, than to have the false security of a zebra crosswalk, which was where the graduate student at UNC was walking when he was killed recently. She said one of the aims and goals of the Hamilton Road/54 Work Group was to get as much information as possible disbursed to the citizens. She said a meeting with the Group and Glenwood School representatives was planned for February.
Council Member Bateman asked if the Work Group had worked with the parents and staff at the school who were not happy with the recommendation from the Work Group. She said she wanted their concerns to be noted. Ms. Verkerk said 600 flyers had been disbursed throughout the neighborhood, then they worked with a petition and set up the Work Group. She said it was an oversight not to have a member of the School Board represented on the Work Group. She said the recommendations did not preclude the running of school buses.
Mr. Horton added that there had been no pressure from the Council and the staff to convince the School Board to change the designation of the school buses. He said the broader issue in the study included all pedestrian safety.
Council Member Ward asked where the idea of irrigation in the medians came from. He said the medians did not need to be irrigated. Mr. Brown said that was a determination by the North Carolina Department of Transportation (NCDOT), and the Town had not planned to use any landscaping needing irrigation.
COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ENDORSE THE STAFF’S REQUEST THAT THE STATE PREPARE A MUNICIPAL AGREEMENT FOR IMPROVEMENTS AS OUTLINED IN THEIR LETTER.
Council Member Evans said she felt that there were other areas of the Town which also needed improvements for pedestrian safety and the tax dollars should be used throughout the Town, rather than in one particular place.
Mayor Waldorf said she thought this particular project was a good candidate for matching federal funds, and some of the others, such as the downtown would not be, but would be a place for local funding.
Council Member Evans said she was questioning the fairness of spending the money in one area.
Council Member Foy commended the Manager and the staff for involving the State in the project and said it was a model of working for federal money, and the Town should take the funding and support of the NCDOT if it was available.
THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Council Member Wiggins suggested that the Council needed to look for areas where the funds could be acquired through budget cuts.
Item 13.1 – Greene Tract Rezoning Process
Planning Director Roger Waldon said that the Chapel Hill Town Council, the Carrboro Board of Aldermen and the Orange County Board of Commissioners had approved and executed an Interlocal Agreement for management of solid waste, and a component of that Agreement called for rezoning a portion of the Greene Tract to permit development of a Solid Waste Handling Facility. He said that in the fall the Council had amended the Development Ordinance to create a new zoning district called "Materials Handling District,” and the Interlocal Agreement called for a portion of the Greene Tract to be rezoned to the new district. Mr. Waldon said there were four actions proposed to the Council with recommendations by the staff for the Council to pass the four resolutions:
1. Authorize the Town Manager to prepare and submit a rezoning application.
2. Grant expedited processing status to the application.
3. Agree to convene a Joint Public Hearing to review the application.
4. Call a Public Hearing to consider amending the Development Ordinance.
Orange County Board of Commissioners’ Chair Moses Carey said the Commissioners concurred with the proposed Resolutions, thanked the Council for their swift action, and said he and the Manager and the Planning Director would answer any questions.
COUNCIL MEMBER WIGGINS MOVED, SECONDED BY MAYOR PRO TEM PAVÃO, TO ADOPT RESOLUTION 29A. THE MOTION WAS ADOPTED BY A VOTE OF 8-1, WITH MAYOR WALDORF, COUNCIL MEMBERS BATEMAN, EVANS, FOY, PAVÃO, STROM, WARD AND WIGGINS VOTING AYE AND COUNCIL MEMBER BROWN VOTING NAY.
A RESOLUTION AUTHORIZING THE TOWN MANAGER TO PREPARE AND SUBMIT A REZONING APPLICATION (2000-01-10/R-29a)
WHEREAS, the Town of Chapel Hill is party to an Interlocal Agreement that calls for rezoning a portion of the Greene Tract; and
WHEREAS, the Town of Chapel Hill is authorized to act as agent for the three owners of the Greene Tract;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to prepare and submit a rezoning application, requesting rezoning of the Greene Tract to “Materials Handling District.”
This the 10th day of January, 2000.
COUNCIL MEMBER WIGGINS MOVED, SECONDED BY MAYOR PRO TEM PAVÃO, TO ADOPT RESOLUTION 29B. THE MOTION WAS ADOPTED BY A VOTE OF 8-1, WITH MAYOR WALDORF, COUNCIL MEMBERS BATEMAN, EVANS, FOY, PAVÃO, STROM, WARD AND WIGGINS VOTING AYE AND COUNCIL MEMBER BROWN VOTING NAY.
A RESOLUTION AUTHORIZING EXPEDITED PROCESSING OF A REZONING APPLICATION (2000-01-10/R-29b)
WHEREAS, the Town of Chapel Hill Council has authorized the Town Manager to prepare and submit a rezoning application, requesting rezoning of the Greene Tract to “Materials Handling District”; and
WHEREAS, the development of a Materials Handling Facility for Chapel Hill and Orange County would directly serve public needs; and
WHEREAS, the timely processing of such a rezoning application is important to achieving the goals of an Interlocal Agreement regarding solid waste management;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council directs the Town Manager to expedite processing of the Greene Tract rezoning application, in a manner that will speed review without sacrificing breadth or depth of analysis.
This the 10th day of January, 2000.
COUNCIL MEMBER EVANS MOVED, SECONDED BY MAYOR PRO TEM PAVÃO, TO ADOPT RESOLUTION 29C. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION CALLING A JOINT PUBLIC HEARING (2000-01-10/R-29c)
WHEREAS, the Town of Chapel Hill is party to an Interlocal Agreement that calls for rezoning a portion of the Greene Tract; and
WHEREAS, the Town of Chapel Hill Council has authorized the Town Manager to prepare and submit a rezoning application, requesting rezoning of the Greene Tract to “Materials Handling District”; and
WHEREAS, the Greene Tract is located in the Joint Planning Area Transition Area, such that a rezoning request needs to be considered at a Joint Public Hearing with the Chapel Hill Town Council and the Orange County Board of Commissioners;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council concurs with Orange County in calling a Joint Public Hearing for February 21, 2000, for purposes of considering an application to rezone the Greene Tract.
This the 10th day of January, 2000.
Council Member Foy said he was more concerned about the neighbors in the 200-foot buffer zone than he was with the Neville Tract and the railroad. He asked Commissioner Carey to comment on the concern of the Commissioners on the buffer zone.
Commissioner Carey said the Commissioners were equally concerned about the impact on the neighbors and that was why they had suggested reducing by a 100-foot area the buffers in certain places, which would create a 100-foot buffer in the areas where the adjacent property owners would want a buffer, and eliminating the buffers adjacent to the Neville Tract and the railroad.
COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, TO ADOPT RESOLUTION 29D. THE MOTION WAS ADOPTED UNANIMOUSLY. (9-0).
A RESOLUTION CALLING A PUBLIC HEARING TO CONSIDER AMENDING THE CHAPEL HILL DEVELOPMENT ORDINANCE (2000-01-10/R-29d)
WHEREAS, the Town Council has created a new zoning district called “Materials Handling District,” and included a description of this new district and related regulations in the Chapel Hill Development Ordinance; and
WHEREAS, the Development Ordinance specifies that, in the new Materials Handling District, a Materials Handling Facility shall provide a 200’ vegetated buffer around the perimeter of the facility; and
WHEREAS, the Orange County Board of Commissioners, who under the terms of an Interlocal Agreement will be responsible for solid waste management activities in Orange County, has requested that the buffer requirement be reconsidered;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council calls a Public Hearing for February 21, 2000, to consider amending the Chapel Hill Development Ordinance’s provisions for required buffers in the Materials Handling District.
This the 10th day of January, 2000.
Planner Chris Berndt presented the staff recommendations on the project. She reported Item A was a report on a neighborhood meeting and the recommended restrictions on the Townhome development, and Item B recommended that the Town transfer the Scarlette Drive land to the Orange Community Housing Corporation. She said the staff had been working for over three years with Orange Community Housing Corporation and the Council to develop an affordable housing land trust project on the site, and the Council had budgeted funds for the project and agreed to develop restrictions on the development of the land.
Ms. Berndt said the Council passed a resolution that the Town and Orange Community Housing Corporation work together to develop the restrictions, and there was also a neighborhood meeting. She said the staff proposed a set of restrictive covenants—Resolution 24. She said the key point of the restrictions was that they would be recorded prior to the transfer of the property to Orange Community Housing Corporation. She said the Engineering Department was conducting neighborhood traffic studies in the area, and the Council also budgeted funds for a brick wall by the cemetery and authorized the staff to proceed with the sidewalks.
Ms. Berndt said the staff was also recommending that the Council convey the property to the Orange Community Housing Corporation—Resolution 25. She said the Orange Community Housing Corporation would then transfer the land to the Community Land Trust. She said the key point in this resolution was that the Town would put a deed restriction on the transfer of the land, which would require that the land be used for an affordable housing land trust project. Ms. Berndt said the staff would have an additional report on the Land Trust’s petition to have the funds available to the project converted to a grant. She said the staff would have more specifics on a three-party agreement the staff would like to propose. She said the staff would be proposing that the Town approve future transfers of property.
John Silvasi, President of the Meadows Homeowners’ Association Board, located off of Legion Drive, said the Association was concerned about the resulting traffic from the Scarlette Drive development and three other projects being proposed for the area: the Food Lion in Ram’s Plaza, the Europa office building addition, and the additional parking space for the nursing home on Legion Road. He said the residents of the Meadows hoped that the traffic study would take into consideration these other projects and the resulting increase in traffic.
COUNCIL MEMBER FOY MOVED, SECONDED BY MAYOR PRO TEM PAVÃO, TO ADOPT RESOLUTION 24.
Council Member Wiggins asked if the restriction in the covenants relating to recreational vehicles or non-operational motor vehicles in the parking lot would include recreational trailers belonging to visitors to the property or only were restrictions for the homeowners. Mr. Horton said it would include all such vehicles.
Council Member Brown asked if that restriction included boats being stored on the property. Mr. Karpinos suggested adding the word “boats” to the first sentence in Restrictive Covenant #3.
The amendment was acceptable to the mover and the seconder.
THE MOTION WAS ADOPTED UNANIMOUSLY AS AMENDED (9-0).
A RESOLUTION ADOPTING RESTRICTIVE COVENANTS REGULATING THE USE OF THE SCARLETTE DRIVE PROPERTY (2000-01-10/R-24)
WHEREAS, on July 7, 1999, the Council adopted a resolution requesting that the Town and the Orange Community Housing Corporation work together to involve the neighbors of the Scarlette Drive neighborhood in planning for restrictions of the Scarlette Drive Townhomes; and
WHEREAS, a neighborhood meeting was held on November 10, 1999 to plan restrictive covenants for the use of the Scarlette Drive property;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill adopts the following restrictive covenants to be recorded with the Orange County Register of Deeds regulating the use of the Scarlette Drive property prior to the transfer of the Scarlette Drive property:
1. Use of Property – The property is required to be used as the owner’s primary residence. The property may not be rented.
2. Nuisance or Offensive Activity – Obnoxious or offensive activity is prohibited on the property. Anything that may be or become a nuisance or annoyance to the neighborhood is also prohibited.
3. Storage of Recreational or Inoperable Vehicles – Boats, mobile homes or vehicles that are inoperable may not be stored on the property. Also, travel trailers or recreational vehicles may not be used as a residence either temporarily or permanently on the property. Commercial vehicles are not permitted to park regularly or continuously on the property.
4. Maintenance –No trash, rubbish, stored materials or similarly unsightly items is allowed to remain on the property outside of an enclosed structure (excluding temporary deposits of trash, rubbish and other items for pickup by the Town).
5. Signs – The only permitted signs are those advertising that the property is for sale, or to identify an area as a “sight easement” or “common area”.
6. Items that would require approval from the Land Trust Board – Examples of items that will require prior approval from the Land Trust Board to review the location, style, type, size and composition include: antennae; aerials; solar collectors or similar structures; fuel tanks or any similar type of storage receptacle; temporary structures such as a shed; mailboxes or newspaper containers.
7. Animals –Animals, livestock or poultry are prohibited from being raised, bred or kept on the property. Families are permitted to keep dogs, cats and other indoor pets, but not for any commercial purposes. The Board of the Land Trust is responsible for seeing that the pets would not create a nuisance such as by noise, odor, damage or destruction of the property.
8. Permanent Outdoor Structures – Permanent clotheslines, tree houses, play houses, swing sets and other play equipment, yard decorations, refuse receptacles, air conditioning and other mechanical equipment are required to be concealed behind screening approved by the Land Trust Board or to be integrated into the design of the building so they are inconspicuous.
BE IT FUTHER RESOLVED that the Council authorizes the Manager to incorporate enforcement of the restrictive covenants into a Performance Agreement to be developed with the Orange Community Housing Corporation and the Community Land Trust in Orange County:
This the 10th day of January, 2000.
COUNCIL MEMBER EVANS MOVED, SECONDED BY MAYOR PRO TEM PAVÃO, TO ADOPT RESOLUTION 25. THE MOTION WAS ADOPTED UNANIMOUSLY. (9-0).
A RESOLUTION AUTHORIZING TRANSFER OF PARCELS 7.27A.B.7 AND 7.27A.B.8 LOCATED AT THE CORNER OF SCARLETTE DRIVE AND LEGION ROAD TO THE ORANGE COMMUNITY HOUSING CORPORATION AND THE COMMUNITY LAND TRUST IN ORANGE COUNTY (2000-01-10/R-25)
WHEREAS, on May 24, 1995, the Council asked the Manager to survey Town owned properties and to prepare a report evaluating whether any undeveloped properties may not be needed for Town purposes; and
WHEREAS, on April 26, 1996, the Scarlette Drive site, located at Tax Map 7.27A.B.7 and 7.27.B.8, was identified as a candidate for resale, reuse or for construction of affordable housing; and
WHEREAS, the Orange Community Housing Corporation has been granted a Special Use Permit to develop fourteen townhomes on the Scarlette Drive property; and
WHEREAS, the Scarlette Drive Townhomes will be the first project of the Community Land Trust in Orange County and is to be developed to further the public purpose of providing affordable housing to lower-income households;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes transfer of ownership of parcels 7.27A.B.7 and 7.27.B.8 located at the corner of Scarlette Drive and Legion Road to the Orange Community Housing Corporation using the provisions of G.S. 160A-279, Sale of Properties to Entities Carrying out a Public Purpose; in turn the Orange Community Housing Corporation will transfer the land to the Community Land Trust in Orange County;
BE IT FURTHER RESOLVED that the Council authorizes the transfer of the property subject to deed restrictions requiring the property be used for the purposes of developing an affordable homeownership land trust project on the property; and
BE IT FURTHER RESOLVED that the Council authorizes the Manager to incorporate terms governing the use of the property into a three-party Performance Agreement to be developed among the Town, the Orange Community Housing Corporation and the Community Land Trust in Orange County.
This the 10th day of January, 2000.
Mayor Waldorf asked Mr. Horton if Mr. Silvasi’s request could be taken into consideration. Mr. Horton said it would be.
Item 15a – Durham-Chapel Hill-Carrboro Urban Area 2025 Current Trend Regional Transportation Plan Air Quality Conformity Report
Transportation Planner David Bonk said the Report was a critical piece for the adoption of the 2025 Current Trend Transportation Plan. He said the Council had affirmed its support for adoption of the Plan to avoid the loss of federal operating assistance. Mr. Bonk noted the Transportation Advisory Committee had given its tentative approval to the Plan. He said this set in motion an air quality analysis of the Plan, which must be completed and approved before the Plan could finally be approved by the federal and State agencies involved. Mr. Bonk said there may be approval by March 2000. He stated the staff review identified several issues relating to Chapel Hill which were listed on page 3 of the memorandum. He said for the implications for Chapel Hill, the air quality conforming part of the Plan only covered Durham and part of Granville County, but the staff anticipated the Orange County area would be added.
Council Member Evans asked if the data would include changes in the requirements for SUV emissions. Mr. Bonk said the Vehicle Mix would be taken into consideration.
MAYOR PRO TEM PAVÃO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 27. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION PROVIDING COMMENTS AND RECOMMENDATIONS TO THE DURHAM-CHAPEL HILL-CARRBORO TRANSPORTATION ADVISORY COMMIT-TEE ON THE 2025 CURRENT TRENDS PLAN AIR QUALITY CONFORMITY REPORT
(2000-01-10/R-27)
WHEREAS, the Durham-Chapel Hill-Carrboro Transportation Advisory Committee has developed the 2025 Current Trends Plan; and
WHEREAS, an Air Quality Conformity Analysis Report has been prepared for the 2025 Current Trends Plan; and
WHEREAS, the Transportation Advisory Committee has opened a public comment period on the 2025 Current Trend Plan Air Quality Conformity Report; and
WHEREAS, the Town Council has reviewed the 2025 Current Trend Plan Air Quality Conformity Report;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the following comments and recommendations be provided to the Transportation Advisory Committee on the 2025 Current Trends Transportation Plan Air Quality Conformity Report.
BE IT FURTHER RESOLVED, that the Town Council continues to support the adoption of the 2025 Current Trend Plan to avoid the loss of federal transit operating and capital funds.
This the 10th day of January, 2000.
Item 15b – Draft 2002-2008 Regional Transportation Priority List
Mr. Horton said a corrected copy had been submitted to the Council this evening.
Transportation Planner David Bonk said in November 1999, the Council approved a Transportation Priority List for the Town that they wanted submitted to the Transportation Advisory Committee (TAC), which was developing a 2002-2008 Priority List, and this Priority List was developed from that. He said that the lists submitted were from regional jurisdictions, and that Chapel Hill ranks were listed on page 2 of the memorandum. Mr. Bonk noted that the Hamilton Road/NC 54 project, which was Chapel Hill’s #2 priority, was not ranked, and he believed that was because one of the points had not been applied due to an oversight. He said the staff was recommending that the Council pass along to the TAC recommendations that would correct some of the problems the staff found with the priority ranking.
MAYOR PRO TEM PAVÃO MOVED, SECONDED BY COUNCIL MEMBER FOY, TO ADOPT RESOLUTION 28.
Council Member Foy asked how ranks were decided, citing the example of #10 priority—Estes Drive Sidewalks. Mr. Bonk said once the project was funded it was no longer included in the Priority List.
THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION PROVIDING COMMENTS TO THE DURHAM-CHAPEL HILL-CARRBORO TRANSPORTATION ADVISORY COMMITTEE ON THE DRAFT 2002-2008 REGIONAL TRANSPORTATION PRIORITY LIST (2000-01-10/R-28)
WHEREAS, the Durham-Chapel Hill-Carrboro Transportation Advisory Committee has prepared a draft 2002-2008 Regional Transportation Priority List; and
WHEREAS, the Transportation Advisory Committee has opened a public comment period on the Draft Priority List;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the following comments be submitted to the Transportation Advisory Committee on the Draft 2002-2008 Regional Priority List:
§ The Chapel Hill transit facility renovation and the Hamilton Road/NC54 intersection improvement projects should be moved up in the rankings to reflect their high priority for Chapel Hill.
§ Other Chapel Hill pedestrian and bicycle projects in the Priority List should be given additional points for being part of the Long Range Plan.
§ Prior to the anticipated revision of the 2002-2008 Priority List the Transportation Advisory Committee should revise the Evaluation Methodology to include guidelines on whether transit, pedestrian and bicycle projects are part of the Comprehensive Plan to ensure consistent application of the criteria.
§ The Transportation Advisory Committee should inform the North Carolina Department of Transportation that this Regional Priority List will be revised upon completion of the 2025 Regional Comprehensive Transportation Plan.
This the 10th day of January, 2000.
Item 17 – Authorization for Sale of $4,700,000 in General Obligation Bonds
Finance Director Jim Baker said the item was a proposal for a simple resolution prepared by the Town’s bond counsel, Womble, Carlyle, Sandwich and Rice, to authorize the staff to proceed with the second sale of the General Obligation Bonds approved in 1996 for various capital projects. He said the resolution authorized the Manager, the Attorney, the Clerk and himself to take the necessary actions to sell the bonds. He said the staff proposed sale of $4,700,000 in bonds, which was a slight change from the amount adopted as part of the capital improvements program, which called for $4,450,000. He said the staff was proposing that an additional $250,000 in bonds be included in this sale in order to do the renovations at the Police Station. Mr. Baker said the debt service on the bonds would begin in the next budget year and the additional debt service ranging from $450-475,000 had been included in the financial forecast given to the Council.
MAYOR PRO TEM PAVÃO MOVED, SECONDED BY COUNCIL MEMBER FOY, TO ADOPT RESOLUTION 30.
Council Member Brown asked the Manager to elaborate on the $600,000 needed for completion of the Police Station renovation.
Mr. Horton said when the staff looked at renovations to the Police Station originally, they thought it would take about $350,000 to replace the roof, waterproof the back wall, and replace the heating, ventilation, and air conditioning system. He said $600,000 would be needed to protect the public investment in the building, and that it would take several million dollars to replace the building.
Council Member Brown said she thought the Council needed a report as a basis for discussion of what the Town’s public facilities needs would be over the next several years, to look at a holistic approach of what the building needs would be, and appraisals for building replacements already under discussion.
Mr. Horton said there was a lot of merit in what Council Member Brown said, but he was not sure the staff had the resources to do that kind of assessment on its own. He said the building needs outlook should be for about 15 to 20 years, because the spaces to develop these facilities would be disappearing and the Town needed to consider acquisition of land for the future.
THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
RESOLUTION AUTHORIZING THE FINANCING OF
CERTAIN CAPITAL IMPROVEMENTS THROUGH THE ISSUANCE OF
$4,700,000 GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS,
SERIES 2000 OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA
AND AUTHORIZING AND DIRECTING THE TOWN MANAGER,
THE DIRECTOR OF FINANCE AND THE TOWN ATTORNEY TO
TAKE ALL ACTIONS NECESSARY OR APPROPRIATE FOR
THE ISSUANCE OF SUCH BONDS
______________________(2000-01-10/R-30)________________________
WHEREAS, the following Bond Orders, each of which was adopted by the Town Council (the “Town Council”) of the Town of Chapel Hill, North Carolina (the “Town”) on September 23, 1996 and approved by a majority of the qualified voters of the Town who voted thereon at a referendum duly called and held on November 5, 1996, has taken effect:
“BOND ORDER AUTHORIZING THE ISSUANCE OF $5,000,000 RECREATION FACILITIES BONDS OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA”;
“BOND ORDER AUTHORIZING THE ISSUANCE OF $3,000,000 OPEN SPACES AND AREAS BONDS OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA”;
“BOND ORDER AUTHORIZING THE ISSUANCE OF $2,000,000 PUBLIC SAFETY BONDS OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA”;
“BOND ORDER AUTHORIZING THE ISSUANCE OF $3,000,000 STREET AND SIDEWALK BONDS OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA”;
“BOND ORDER AUTHORIZING THE ISSUANCE OF $500,000 PUBLIC BUILDING BONDS OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA”;
and
WHEREAS, on March 24, 1998 the Town pursuant to the authority of such Bond Orders issued $4,550,000 in aggregate principal amount of its General Obligation Public Improvement Bonds, Series 1998 (the “Series 1998 Bonds”), which Series 1998 Bonds are currently outstanding; and
WHEREAS, the Town Council has determined that the following additional capital improvements (collectively, the “Improvements”) to the existing facilities of the Town should be made at the proposed costs set forth below:
Improvements Proposed Cost
Repair and construction of
streets, sidewalks and bridges $1,160,000
Renovation and improvements to
existing public works facilities $ 210,000
Construction of new fire station,
acquisition of new fire truck and
renovation of existing law enforcement
facilities $1,780,000
Acquisition of open space and greenway
facilities $1,550,000
WHEREAS, the Town Council has determined that it is in the best interests of the Town to issue an additional $4,700,000 in aggregate principal amount of the Bonds authorized by such Bond Orders in order to finance the costs of the Improvements;
NOW, THEREFORE, BE IT RESOLVED by the Town Council as follows:
Section 1. Bond Orders. In order to finance the costs of the Improvements, the Town shall issue its General Obligation Public Improvement Bonds, Series 2000 in the aggregate principal amount of $4,700,000 (collectively the “Bonds”) pursuant to and in accordance with the Bond Orders described above.
Section 2. Other Actions Authorized. The Town Manager, the Director of Finance and the Town Attorney of the Town and such other officers or employees of the Town as are designated by any of them are hereby authorized and directed to take all action necessary or appropriate to effect the issuance of the Bonds by the Town subject only to adoption of a Bond Resolution by the Town Council.
Section 3. Resolution Effective Immediately. This Resolution shall take effect immediately upon its passage.
* * * * * *
Following discussion of the Resolution set forth above, Mayor pro tem Lee Pavão moved that the Resolution be adopted by the Town Council, which motion was seconded by Council Member Kevin Foy. The resolution was adopted by the following vote (9-0):
AYES: Mayor Waldorf, Council Members Bateman, Brown, Evans,
Foy, Pavão, Strom, Ward, Wiggins.
NAYS: None.
* * * * * *
STATE OF NORTH CAROLINA )
)
TOWN OF CHAPEL HILL )
I, Joyce A. Smith, Town Clerk of the Town of Chapel Hill, North Carolina, DO HEREBY CERTIFY, as follows:
1. A regular meeting of the Town Council (the “Council”) of the Town of Chapel Hill, North Carolina (the “Town”), a municipal corporation of the State of North Carolina, was duly held on January 10, 2000, proper notice of such meeting having been given as required by North Carolina statutes, and minutes of said meeting have been duly recorded in the Minute Book kept by me in accordance with law for the purpose of recording the minutes of the Council.
2. I have compared the attached extracts with said minutes so recorded and said extracts are a true copy of said minutes and of the whole thereof insofar as said minutes relate to matters referred to in said extracts.
3. Said minutes correctly state the time when said meeting was convened and the place where such meeting was held and the members of the Council who attended the meeting.
IN WITNESS WHEREOF, I have hereunto set my hand and have hereunto affixed the corporate seal of the Town, this 10th day of January, 2000.
(SEAL) ___________________________________
Joyce A. Smith, Town Clerk
Town of Chapel Hill, North Carolina
Council Member Brown asked Mr. Horton to get the information to fold into the discussion of individual pieces of property needed and the holistic needs.
Mayor Waldorf suggested that this was an extremely important topic and would be a good topic for discussion at the Council’s Planning Retreat, scheduled for January 14.
Mr. Horton said the staff could outline for the Council more than one process that could produce the information. He said ultimately the Town needed a program for protection, replacement, and gradual expansion when the needs arose, of all capital facilities. He said the staff could bring suggestions to help the Council make the broad decisions it would have to make.
Council Member Foy asked what the cost of the debt service would be in terms of last year’s penny on the tax rate. Mr. Baker said it would be a penny and one-half. Mr. Horton said one penny would be worth about $300,000 in next years’ budget.
Council Member Wiggins asked Mr. Horton to update the Council on the status of the Town’s lease with the University. Mr. Horton said the University was considering a 2-year extension of the Horace Williams site, which would extend it to the year 2008. He said the University probably would not be able to grant the Town a 30-year lease.
Council Member Brown said she preferred to have a report on several processes on which the Council could make decisions on how to proceed with public facilities needs, rather than having it as an extensive retreat discussion. Mr. Horton said that would be how the staff would proceed, and the Council could have whatever discussion it wished.
Item 18 – Appointment to the Greenways Commission
Mayor Waldorf said that Brenda Nielsen had been appointed unanimously to the Greenways Commission. Votes were as follows:
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Council Members |
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Applicants |
Waldorf |
Bateman |
Brown |
Evans |
Foy |
Pavão |
Strom |
Ward |
Wiggins |
TOTAL |
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Paul Jones |
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Andrew Krichman |
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Brenda Nielson |
X |
X |
X |
X |
X |
X |
X |
X |
X |
9 |
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Joyce Robson Trout |
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MAYOR PRO TEM PAVÃO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADJOURN THE MEETING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
The meeting adjourned at 10:20 p.m.