SUMMARY MINUTES OF A REGULAR BUSINESS MEETING

OF THE CHAPEL HILL TOWN COUNCIL

WEDNESDAY, JULY 5, 2000

Mayor Rosemary Waldorf called the meeting to order at 7:00 p.m.

Council Members present were Flicka Bateman, Joyce Brown, Pat Evans, Kevin Foy, Bill Strom, Jim Ward, and Edith Wiggins. Mayor pro tem Lee Pavão was absent, excused.

Staff members present were Town Manager Cal Horton, Assistant Town Manager Florentine Miller, Town Attorney Ralph Karpinos, Assistant to the Manager Bill Stockard, Planning Director Roger Waldon, Parks and Recreation Director Kathryn Spatz, Retired Inspections Director John Davis, Housing Director Tina Vaughn, Engineering Director George Small, Transportation Planner David Bonk, and Town Clerk Joyce Smith.

Item 1 – Ceremonies (none)

Item 2 – Public Hearings (none)

Item 3  - Petitions by Citizens and Announcements by Council Members

Historic District Commission Regarding Street Signs.

Katherine Frank, member of the Historic District Commission and member of the Sign Committee, paid tribute to Mary Arthur Stoudemire, who had died during the past week, and who had served on the Commission for many years.  She noted that the mock-ups of the signs proposed by the Commission and Mr. Richard Terrell of Public Works for the Historic District Commission, as well as Street Signs within the District, were on display in the back of the Chamber.  She said Mr. Terrell had suggested that the street signs might replace the existing street signs when replacement became necessary.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO RECEIVE AND REFER THE PETITION TO THE MANAGER.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

John Covach Requesting Work Session to Discuss Aquatic Center.

Mr. Covach was not present, but Council Member Brown said she felt a work session was important at this point in the Committee’s deliberations.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO RECEIVE AND REFER THE PETITION TO THE MANAGER, WITH A WORK SESSION ADDED TO THE FALL SCHEDULE TO ADDRESS THE ISSUES.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

3.  Evelyn Gordon Regarding Decommission Shared Sidewalk/Bicycle Facilities.

Wayne Pein, speaking for the Bicycle and Pedestrian Advisory Board, explained that the reason for the petition was that sidewalk bicycle riding was dangerous, and the most frequent bicycling accidents occurred on the sidewalks in the Town.  He said another reason was that it taught drivers that bicyclists should be riding on the sidewalk, and could be confusing for both drivers and bicyclists.  Mr. Pein noted another reason for the petition was that bicyclists were being taught that the streets were a place to be feared. He said that bicyclists could still be allowed on the sidewalks, until weaned over time to ride on the streets.  Mr. Pein added that the Board was recommending only that the signs be removed from the sidewalks.

COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER WARD, TO RECEIVE AND REFER THE PETITION TO THE MANAGER.

Council Member Foy noted that when the report came back to the Council it should contain information on how this would affect children riding bicycles on Town streets.

Council Member Evans requested information on where the funding came from and what the funding stipulated.  She said she was concerned about riding bicycles on Franklin Street, and other areas where it might not work having bicycles on the streets.

THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

3b. Announcements by Council Members

Council Member Wiggins asked the Manager when he expected to bring back a report to the Council on curbside collection and a report on implementation of Pay-As-You-Throw trash collection.  Mr. Horton responded there would be a report on curbside collection in September and a report on Pay-As-You-Throw (PAYT) collection proposal for implementation.

Item 4 – Consent Agenda: Action Items

Council Member Strom removed Item 4f. – Report on Lots Created Prior to Current Development Ordinance Requirements.

Mayor Waldorf mentioned that she thought the staff had done a great job preparing the Stormwater Management Conservation Program – Item 4i. She highlighted for the public Item 4k – Proposal to initiate Conceptual Plan Process for the Southern Community Park – and said it was good to get this started and advised the community that there would be opportunities to serve on this committee.

Council Member Ward asked if, in reference to Item 4g – Award of Bid for Bulk Asphalt – the staff had looked into the use of recycled products when repairing streets and resurfacing streets.   Mr. Horton said he would bring a report on this question.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER FOY, TO ADOPT THE CONSENT AGENDA WITH ITEM 4f REMOVED.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES

(2000-07-05/R-1)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the following minutes, resolutions and ordinances as submitted by the Town Manager in regard to the following:

a.	Minutes of May 3, 8, 10, 15, 17, and 22, 2000.
b.	Certification of Firefighter Roster (R-2).
c.	Display of Model T Fire Truck at Chapel Hill Museum (R-3).
d.	Chapel Hill North Special Use Permit Request to Extend Completion Time Limit (R-4a would approve; R-4b would deny).
e.	Consideration of Increase in Motor Vehicle Tax (O-1).
g.	Award of Bid for Bulk Asphalt (R-6).
h.	Parks and Recreation Capital Project Budget Ordinances (O-2).
i.	Report on Stormwater Management Conservation Program (R-7)
j.	Budget Amendment for Museum Building Repairs (O-4).
k.	Proposal to initiate Conceptual Plan Process for the Southern Community Park (R-8).

This the 5^th day of July, 2000.

A RESOLUTION AUTHORIZING CERTIFICATION OF FIREFIGHTERS

(2000-07-05/R-2)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Mayor is hereby authorized to certify to the North Carolina Firefighters’ Pension Fund the attached roster of firefighters employed by the Town of Chapel Hill on June 30, 2000.

This the 5^th day of July, 2000.

CHAPEL HILL FIRE DEPARTMENT

Master Roster File Listing

Firefighters’ Pension Fund

Below are the names of the Chapel Hill Fire Department employees that have met the 36 hours of training for the fiscal year 1999-2000.

Alston, Keith                            Harris, Vencelin                        Saxton, II, Arthur

Atwater, Lewis             Henderson, Lemuel Shatley, Gordon

Bailey, Dennis                           Jones, Daniel                            Sutton, Douglas

Bell, Jonathan                           Kelly, Douglas              Sykes, David

Bergen, Dace                           Layton, Joseph             Sznerch, Peter

Blalock, Jerry                           Lewis, David                            Taitt, Ronald

Blankenship, William                 Lucas Anthony Taylor, James

Blevins, Mary                           McLamb, Barry                        Thompson, Billy

Bona, Jim                                 Mellon, Caprice                        Tilley, Gregory

Borgesi, Robert                        Minton, William                        Tucker, Christopher

Bosworth, Robert                     Moss, Paul Ward, John

Bradley, Christopher                 Overton, Robert Ward, Michael

Cabe, Jeff                                 Park, David                              Watson, Rodney

Clark, Norman                         Parker, Johnny Watts, Gary

Cline, Douglas                          Parrish, Douglas                       White, John

Cruz, Victor                             Partin, Anthony             Williams, Darnell

Ellis, Elizabeth               Peeler, Greg Wiseman, Ben

Elvin, Kevin                              Porterfield, Steven                    Woody, David

Erwin, Samuel                          Powell, Charles

Fererro, Kevin                          Pruitt, Robert

Green, O. Steve                       Rimmer, Darryl

Greeson, Byron                        Russell, Darryl

Gregory, Jr., Millard                 Sasser, David

A RESOLUTION AUTHORIZING AN ADDENDUM TO THE LEASE BETWEEN THE TOWN AND THE CHAPEL HILL MUSEUM TO ALLOW THE DISPLAY OF THE TOWN’S 1914 MODEL T FIRE TRUCK (2000-07-05/R-3)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is hereby authorized to execute an addendum to the lease of the old Chapel Hill Library to the Chapel Hill Museum, as described in the Town Manager’s memorandum to the Mayor and Town Council of July 5, 2000, for the display of the Town’s Model T Fire Truck at the Museum.

This the 5^th day of July, 2000.

A RESOLUTION APPROVING A REQUEST FOR AN EXTENSION OF THE COMPLETION DATE FOR CHAPEL HILL NORTH PHASE 1 (2000-07-05/R-4a)

WHEREAS, Holmes Oil Company has requested an extension of the completion time limit for Chapel Hill North Phase 1; and

WHEREAS, Article 18.6.3 of the Chapel Hill Development Ordinance requires Council to make the determination that a) the permit holder submits the request within 60 days of the completion time limit; b) the permit holder has proceeded with due diligence and good faith; and c) conditions have not changed so substantially as to warrant Council reconsideration of the approved development; and

WHEREAS, a) the permit holder submitted the request within 60 days of the completion date; b) the permit holder has proceeded with due diligence and good faith; and c) conditions have not changed so substantially as to warrant Council reconsideration of the approved development.

NOW, THEREFORE, BE IT RESOLVED that the Council of the Town of Chapel Hill approves the request of Holmes Oil Company for the extension of the completion date of the Chapel Hill North Phase 1 to April 22, 2001 to allow construction of the gas station in accordance with the February 24, 2000 Zoning Compliance Permit.

This the 5^th day of July, 2000.

AN ORDINANCE AMENDING CHAPTER 21 ARTICLE I OF THE CODE OF ORDINANCES TO INCREASE THE TOWN OF CHAPEL HILL TAX ON MOTOR VEHICLES (2000-07-05/O-1)

BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:

Section 1.  Section 21-1 of the Town Code is hereby revised to read as follows:

“Sec. 21-1.  Imposition and levy of motor vehicle tax.

Each motor vehicle owned by a resident owner or operated by a business establishment located within the town limits which is registered for property taxes in the town shall be billed an annual vehicle tax of fifteen dollars ($15.00).  For purposes of this section, the term “motor vehicle” shall not include trailers which are not self-propelled.

The proceeds of said tax shall go into the Town’s General Fund.”

Section 2.  A new Section 21-2 is hereby added to read as follows:

“Sec. 21-2.  Additional tax for public transportation purposes.

Each motor vehicle owned by a resident owner or operated by a business establishment located within the town limits which is registered for property taxes in the town shall be billed an additional annual vehicle tax of five dollars ($5.00).  For purposes of this section, the term “motor vehicle” shall not include trailers which are not self-propelled.

The proceeds of said tax shall be used only for financing, constructing, operating, and maintaining the Town’s public transportation system.”

Section 3.  A new Section 21-3 is hereby added to read as follows:

“Sec. 21-3.  Collection and payment of tax.

            The taxes imposed by Sections 21-1 and 21-2 shall be billed and collected with the ad valorem personal property taxes imposed on motor vehicles.”

Section 4.  This ordinance shall become effective upon adoption.

This the 5^th day of July, 2000.

A RESOLUTION AWARDING A CONTRACT FOR ASPHALTIC CONCRETE AND TACK COAT (2000-07-05/R-6)

WHEREAS, the Town of Chapel Hill has solicited formal bids by legal notice in The Chapel Hill News on June 9, 2000, in accordance with G.S. 143-129 for asphaltic concrete and tack coat for street patching; and

WHEREAS, the following valid bids have been received and opened on June 20, 2000, at 3:00 p.m.

Thompson-

ITEM                     Nello Teer           Riley Paving                  Arthur   Lee Paving    

Asphalt Type II      $25.25/Ton            $26.00/Ton $29.00/Ton      $32.00/Ton

Asphalt I-2             $28.50/Ton $27.00/Ton                  $29.00/Ton      $32.00/Ton

Asphalt HB            $24.25/Ton $30.00/Ton                  $30.00/Ton      $32.00/Ton

Asphalt HDB          $25.00/Ton $30.00/Ton                  $30.00/Ton      $32.00/Ton     

Tack Coat               $1.00/Gal. $2.50/Gal.                    $1.50/Gal.        $1.45/Gal.

Total                     $61,075.00 $64,850.00                  $69,150.00      $75,775.00     

WHEREAS, the additional cost to the Town caused by the differences in distance between the plants of the other three vendors relative to that of the Nello Teer plant results in the lowest total cost for Nello Teer; and

WHEREAS, the year-around availability of hot-mix asphalt is important to the Town's ability to maintain its system;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town accepts the bid of Nello Teer in the amount stated above in the tabulation.

BE IT FURTHER RESOLVED that this contract may be extended by one year if mutually agreeable to the Town and Nello Teer at the same unit prices.

This the 5th day of July, 2000.

 

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2000 (2000-07-05/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, 2000” as duly adopted on June 26, 2000 be and the same is hereby amended as follows:

ARTICLE I

  Current Revised

APPROPRIATIONS                  Budget Increase           Decrease                  Budget

CAPITAL

IMPROVEMENTS FUND

           

            Greenways                 1,216,500 90,000             1,126,500

            Transfer to Multi-

              Year Capital Fund 0                  90,000                                           90,000

This the 5^th day of July, 2000.

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO BEGIN INVESTIGATING POTENTIAL PROPERTY ACQUISITIONS ASSOCIATED WITH STORMWATER MANAGEMENT CONSERVATION AREAS (2000-07-05/R-7)

WHEREAS, the Chapel Hill Town Council is interested in improving and maintaining surface water quality including steams, lakes, and ponds; and

WHEREAS, the Council desires to mitigate flooding problems and protect sensitive riparian environments; and

WHEREAS, certain Stormwater Management Conservation Areas have been identified which should be protected and preserved to the extent possible in keeping with the Council’s objectives; and

WHEREAS, on June 12, the Council requested the Manager to prepare a report to be presented in the fall which would include an analysis of undeveloped land that could be acquired to meet the Council’s goals of promoting non-automobile community connectivity, and/or preserving entranceway corridors, scenic vistas, environmentally sensitive areas, Resource Conservation District land, community open space and neighborhood open space;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to consider the principles and specifics of this Stormwater Management Conservation Area Report in preparing the analysis noted above.

BE IT FURTHER RESOLVED that the Manager is authorized to pursue funding sources beyond the 1996 Open Space Bonds, to identify opportunities for land acquisition and to report to the Council in the fall and periodically after that.

This is the 5^th day of July, 2000.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2000 (2000-07-05/O-4)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled “An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 2000” as duly adopted on June 26, 2000 be and the same is hereby amended as follows:

ARTICLE I

  Current Revised

APPROPRIATIONS                  Budget Increase           Decrease                  Budget

CAPITAL

IMPROVEMENTS FUND   1,126,500 20,000                                      1,146,500

CAPITAL RESERVE

FUND

       Transfer to Capital

          Improvements Fund        350,000 20,000                                         370,000           

ARTICLE II

Current Revised

REVENUES                               Budget Increase           Decrease                  Budget

CAPITAL

IMPROVEMENTS FUND

      Transfer from Capital

         Reserve Fund                   350,000 20,000                                         370,000

CAPITAL RESERVE

FUND

         Fund Balance                    350,000        20,000                                         370,000

           

This the 5th day of July, 2000.

A RESOLUTION AUTHORIZING THE MANAGER TO BEGIN THE CONCEPTUAL PLAN PROCESS FOR THE SOUTHERN COMMUNITY PARK (2000-07-05/R-8)

WHEREAS, a conceptual plan process will allow the community and the Council to fully explore potential programs for a park in southern Chapel Hill; and

WHEREAS, the County Board of Commissioners has allocated up to $50,000 for a conceptual plan study for the proposed Southern Community Park;

NOW, THEREFORE, BE IT RESOLVED by Council of the Town of Chapel Hill that the Council establishes the Southern Community Park Conceptual Plan Committee with the following charge:

·        Sponsor public forums to solicit community input and identify recreational needs.

·        Establish “green” goals for the park.

·        Investigate community elements needed, including various athletic playing fields, a dog park, a disc golf course, a community center, walking trails, and other potential facilities and amenities.

·        Develop planning level cost estimates for the various options to help in setting priorities and developing financing plans.

·        Evaluate each option on the basis of capital and operational costs, potential impacts on the natural environment, potential revenues, recreational needs and effect on programs.

·        Meet with the Town Council for Council review and comment before making final recommendations.

·        Make recommendations for the consideration of the Town Council.

BE IT FURTHER RESOLVED that the Advisory Committee will consist of:

·        Two members of the Parks and Recreation Commission

·        One member of the Greenways Commission

·        One designee of the Chapel Hill-Carrboro School Board

·        One designee of the County Board of Commissioners

·        One designee of the Carrboro Board of Aldermen

·        Three representatives of neighboring residential communities

·        Four citizens at-large

BE IT FURTHER RESOLVED that the Manager is authorized to advertise for applicants for the Advisory Committee. 

BE IT FURTHER RESOLVED that the Council shall appoint the Southern Community Park Conceptual Plan Committee and that it shall be retired after the Council grants a special use permit.

This the 5th day of July, 2000.

Item 5 – Information Items

Council Member Bateman removed Item 5d – Report on Enforcement of Occupancy Regulations in Northside, and Item 5e – Report on Request for Stop Sign Installation at Intersection of Kingston of Kingston Drive, Partin Street, and Kingston Court.

Council Member Brown removed Item 5c – Response to Petition from Village West Regarding Jay Street Development.   The Council agreed to discuss the item at this time.

Item 5c – Response to Village West Petition

Planning Director Roger Waldon said the report tried to summarize in a simple fashion a complex situation and the report indicated the actions that the owner of a single-family lot was entitled to pursue.

Ms. Marian Highriter, a resident of Village West, said she was present to read the memo to the Council from Grace Beatty, a long-term member of the committee in Village West. She read several suggestions from Ms. Beatty.

Ms. Margaret Heath of Village West said that the community at Village West endorsed the Manager’s recommendations for changes in the Development Ordinance.  She described the development off Jay Street and the clearcutting done by the developer.  Ms. Heath asked the Council how it could ensure that the Resource Conservation District (RCD) would be protected as intended by the Ordinance.  She asked the Council’s help in preserving trees belonging to the Village West community and asked the Council to take leadership in this matter.

Mayor Waldorf felt that the petitions should be referred to the Manager for action, rather than waiting for the next Council meeting in late August.

Council Member Brown asked what the staff could do to provide that the widening of Jay Street would still preserve the trees. Mr. Waldon pointed out on a map the area being discussed and said that the Council had determined that the water line could come into an easement into the Town cemetery, in order to save the trees on the side of the street.  Mr. Waldon said for the road widening, the trees would be protected.  He said to improve the road to 30 feet it would be necessary to remove the other trees.

Council Member Brown asked if the property on the other side of the street was owned by the developer.  Mr. Waldon said it was owned by a private citizen, and they had no involvement with the developer.

Council Member Bateman asked who enforced the RCD Ordinance.  Mr. Horton said the Engineering Department enforced it, assisted by the Inspections Department and the Planning Department.  He said he was not aware of any violations of the RCD Ordinance.  Mr. Waldon said the owner of a single-family lot could clear vegetation on the lot and would not be in violation of the Ordinance.

Council Member Bateman asked if the owners of the lots had clear-cut the area.  Mr. Waldon said his observation was that they had cleared the lots of most of the vegetation along Nunn Street and this was not against the law.

Council Member Bateman asked Mr. Horton to respond to the second suggestion from Grace Beatty’s petition.  Mr. Horton responded that the developer figured out a way around the encroachment.  Mr. Waldon displayed a map showing where the developer was developing the lots, with a private drive, and the Nunn Street Extension lot with a private drive to serve the additional lots, which did not require an encroachment agreement.  He pointed out on the map  the two lots which would require an encroachment agreement.

Council Member Bateman asked what would be done if the two lots needing an encroachment agreement were to be developed.  Mr. Horton said the developer would have to come before the Council and the Council could consider what conditions it wished to impose for granting an encroachment agreement.

Council Member Foy asked Mr. Waldon, if the developer was not going to use a public right-of-way but a private drive, why that was not considered a reconfiguration of the subdivision.  Mr. Waldon said it was a private right-of-way, and not a reconfiguration, and Town vehicles would not go onto the driveways.

Council Member Foy asked where the garbage would be collected.  Mr. Waldon said the Public Works vehicles currently collected trash on Nunn Street Extension.  He said it was likely that the residents of the lots under discussion would have to bring their garbage up to Jay Street, but nothing had been worked out yet, since there was not yet a Certificate of Occupancy.

Council Member Evans asked if the developer would have to come to the Board of Adjustment or would there be a buildable site left on the property, taking into consideration the RCD.   Mr. Waldon pointed out that there were buildable portions on all of the lots outside of the RCD.

Council Member Brown asked Mr. Horton if there was any way that the Town could comply with Mrs. Beatty’s petition presently. Mr. Horton said discussion could be initiated with the developer about replanting vegetation on the property line.  He said if the developer had to have an encroachment agreement he would have to come before the Council and conditions could then be imposed.  Mr. Horton suggested that the Town would likely allow no parking along the street. He said he did not believe anything would develop before the Council met again in August.  Mr. Horton referred to the RCD Ordinance and said the Town continued to try to enforce it and would give it special attention.

Council Member Brown asked what kind of response the Town could make to ensure that trees were not cut down on private property without the owner’s approval.  Mr. Horton said if the developer had cut down trees on private property that would be a matter of civil litigation, but there was nothing the Town could do.

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER FOY, TO REFER BOTH PETITIONS TO THE MANAGER AND TO REQUEST THAT THE SUGGESTIONS MADE DURING THE EVENING’S MEETING BE IMPLEMENTED.

Council Member Ward asked if there was any way of connecting an agreement with the lots with the private drive, to the lots needing an encroachment agreement.  Mr. Karpinos said the way to do that would be to make conditions for permitting an encroachment agreement reflect on the lots using the private drive.

THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Ms. Deborah Davis-Noell, 24-year resident of Chapel Hill, and recent resident of Kingston Drive, said she, her family, and neighbors, reported many near misses at the junction of Kingston Drive and Kingston Court because there were no stop signs and asked the Council to listen to the petitions for installation of stop signs in the neighborhood.

Mr. Don Sweezy, Timberlyne Road, indicated a corrected version of the layout of the intersection of Partin Street and Kingston Court, which differed from the staff’s map in its report. He pointed out the area where vegetation blocked the view of driver’s on Partin Street as they approached Kingston Court, and that drivers coming down Kingston Court were faced with a Y intersection rather than a T.  He displayed several photos of the roads under discussion.  Mr. Sweezy suggested, in addition to the stop signs requested, there should be a stripe drawn on the road to indicate the intersection.

Ms. Marcia Kann, Kingston Drive, said she passed the intersection several times a day, and it was the most scary part of her daily drive.  She described a rise in the road on Partin Street as another obstruction of the view.  Ms. Kann described the vegetation that blocked the view and asked the Council to change its mind on the decision it had made regarding installation of stop signs.

Peter Krawchyk, a seven-year resident of the Timberlyne neighborhood, said he supported the Town Manager’s decision to remove the vegetation and to move the stop sign.  He said he agreed with the striping, but did not feel the need for an additional stop sign.  Mr. Krawchyk cited the Manual on Uniform Traffic Control Devices regarding average daily traffic, in support of his remarks.  He said installation of stop signs could cause rear-end accidents. Mr. Krawchyk noted those supporting the petition were all Timberlyne Neighborhood Association citizens.  He added they also wanted speed-controlled devices installed on Kingston Drive, a road only .6 of a mile long, and he felt it was excessive and might cause more accidents.

Council Member Bateman said she had a young friend who had been hit by a car on his bicycle at Kingston Road.  She said he thought he would be safer on Kingston Drive than on Airport Road when riding his bicycle from East Chapel Hill High School.

COUNCIL MEMBER BATEMAN MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT ORDINANCE 6. THE MOTION WAS ADOPTED UNANIMOUSLY. (8-0).

AN ORDINANCE AMENDING CHAPTER 21 OF THE TOWN CODE OF ORDINANCES REGARDING STOP REGULATIONS (2000-07-05/O-6)

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 Kingston Court Partin Street

Stop Streets Kingston Drive Kingston Drive”

Section 2.  Section 21-13(c) of the Town Code of Ordinances, “Right-of-way and stop sign regulations.”  is hereby amended by inserting the following, in appropriate alphabetical order:

“Intersection(s) Kingston Drive/Partin Street/Kingston Court”

Section 3.  This ordinance shall become effective August 1, 2000.

This the 5^th day of July, 2000.

Council Member Wiggins suggested adding striping to Kingston Court.  The Council agreed.

Item 6 – Report from Library Foundation

Mr. Bob Woodruff, Chairman of the Chapel Hill Public Library Foundation, gave a report on the Foundation and the Cornelia Spencer Love Trust.  He said that Bill Stewart, who had been managing the funds from the Trust, had transferred the funds to the Library Fund, which totaled $1,847,000 at the time of transfer.  Mr. Woodruff said the Foundation had engaged three organizations to manage the funds: $563,000 of the funds had been invested in the Wachovia Bond Funds, managed by Wachovia Bank and Trust Company paying interest on a monthly basis to the Foundation.  He reported that the value of those funds on March 31, 2000, was down slightly.  Mr. Woodruff said $500,000 was being managed by the Triangle Community Foundation and was valued on March 31, 2000, at $518,700.  He said the remainder of the funds, $783,000, was being managed by the Franklin Street Trust, valued on March 31, 2000, at $860,000.

Mr. Woodruff reported the funds had increased to $1,937,000 as of March 31, 2000, an increase of 4.9%, or a 14.5% return.  He reported the earnings were being paid to the Town, which puts it into the Library Fund for use by the Library.  Mr. Woodruff said the Foundation was planning a fund-raising campaign called “ A Novel Affair,” and citizens will be asked to purchase a table with novels as the decoration theme.

Mr. Horton said the funds had been managed far better than the Town would have been able to do, considering the restrictions imposed on governmental funds.  Mr. Woodruff said the Library also had several bequests, one of which was an estate, and another bequest of $200,000 and, in all, bequests totaled about $1,000,000.

Council Member Bateman asked what the date was for the fund-raiser. Mr. Woodruff said it would be the first part of November 2000.

Item 7 – Zoning of Annexation Area 2 (UNC and Other Property in Durham County)

Mr. Waldon said the staff recommended the annexed property be zoned Office/Institutional – 2 (OI-2).

COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER EVANS TO CLOSE THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT ORDINANCE 7. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

AN ORDINANCE TO ZONE NEWLY ANNEXED LAND - UNC PROPERTY IN DURHAM COUNTY (2000-07-05/O-7)

WHEREAS, the Council of the Town of Chapel Hill has annexed an area consisting of UNC property in Durham County that is identified as Annexation Area 2, as presented in the map from the Council’s July 5, 2000 meeting; and

WHEREAS, the Council has considered appropriate zoning designations for this property in the context of Chapel Hill's 2000 Comprehensive Plan and Land Use Plan, on the size of existing lots, on existing Durham County zoning in the annexation area, and on compatibility with zoning in the surrounding areas;

NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill that Office/Institutional - 2 (OI-2) zoning be assigned to the above-mentioned property as designated on the attached map.

This the 5^th day of July, 2000. 

Item 8 – Preliminary Plat Application for Parkside II Cluster Subdivision

Planning Director Roger Waldon reviewed the key issues regarding the cluster subdivision application: (1) construction of Weaver Dairy Road Extension; (2) construction of Greenway; and (3) Phasing “Small House” lots.  Using a map, he pointed out the areas that involved the key issues. Mr. Waldon pointed out the central portion of the site which was in the RCD, and the question of how much of the open space being proposed was dedicated as RCD.  Mr. Waldon said another question was of the affordable housing portion of the property.  He said the staff recommended that the applicant:

·        Continue to construct one-half of Weaver Dairy Extension, for the full length of the property;

·        Allow road construction to be phased;

·        Allow phasing without requiring “small house” lots with each phase; and

·        Land for Greenway to be dedicated, along with other open space.

Jack Smyre, Kimberly-Horn, representing the applicant, said they felt in the interest of closure of the application, that they would agree to the terms set forth by the Town as long as they could be phased in, and the applicant supported Resolution A.  He said the applicant felt that they had been more than fair in complying with the expectations of the Town.

Council Member Brown asked how the decisions on the configuration of the Weaver Dairy Road Extension would effect future configurations of the road.  Mr. Waldon commented that there were a number of possibilities being considered for the portion of Weaver Dairy Road Extension east of Airport Road (NC 86), which were listed on pages 25 and 26 of the memorandum, and these items will be discussed with the Board of Transportation as the Town moves forward on the construction of the road.  Mr. Waldon said the staff had recommended a four-lane, median-divided road, matching the other side of Airport Road. He said this cross-section of the road could be adapted to any other kind of configuration.

Council Member Ward said he supported the recommendation of the Bicycle and Pedestrian Advisory Board for a sidewalk to be included on both sides of Worsham Drive, which would increase pedestrian safety.

Council Member Strom asked if the Council moved Resolution E was it possible that the next plan from the applicant would still have a Greenway Corridor, and improvement of the plan would still remain a part of its recreation requirements.  Mr. Waldon said the recreation requirements required for a subdivision did not involve improvements according to the Ordinance, but required dedication of land.

Council Member Strom said he had been concerned about the quality of the open space and about the benefit that the community would receive from the “cluster.”  He said the Greenway was an important community feature.  Council Member Strom asked if the applicant would be willing to make a contribution toward the actual improvements in the Greenway Corridor in the cluster plan.  Mr. Smyre reminded the Council of all that the applicant had done for the future residents of the subdivision as well as the community as a whole, and by doing the cluster design significant open space had been opened up.  He said if the request involved further contributions than what had been agreed upon, the applicant would agree to offer a sum of money of $10,000 as a contribution for construction of the trail ways, so long as it was spent on the property, and not elsewhere in the Town.

Council Member Brown asked Mr. Waldon, if this project was not built to include cluster housing, what effect that would have on the Mixed Housing Ordinance encompassed in the project presently.  Mr. Waldon responded that the Mixed Housing Ordinance applied to all new subdivisions over a minimum of 12 units, so the Ordinance would apply whether it was cluster development or conventional development.  He said in this plan there would be the same number of lots either way.

Council Member Foy asked Mr. Waldon to point out on the map where the proposed temporary Greenway would go. Mr. Waldon did so, adding it was 900-1,000 linear feet.

Council Member Foy asked Mr. Smyre why it would not be easier for the applicant to construct the trail while it was constructing the road, rather than having the Town do it.  Mr. Smyre said trail building was not the applicant’s expertise, and not like building a road.  He said he believed it was a good idea to construct a temporary trail that would not be connected to other trails not yet built.  Mr. Smyre said the equipment used for building a road was not the same as used to build a trail.  Mr. Horton agreed, saying the equipment being used for trail building was much smaller than used to build a road.  He said the Town had more experience in planning, laying out and building trails than the applicant.  Mr. Horton noted the cost of building a trail was expensive, and the way they would build a temporary trail would be in using natural materials. He said the $10,000 contribution from the applicant would pay for a natural trail, with some boardwalks where needed.

Council Member Bateman added that the trail and Greenway would be a good place to walk dogs.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER FOY, TO CLOSE THE PUBLIC HEARING.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER STROM, THE ADOPTION OF RESOLUTION 9A, WITH THE STIPULATION ADDED TO REQUIRE A $10,000 CONTRIBUTION FROM THE APPLICANT TO THE PARKS AND RECREATION COMMISSION TO CONSTRUCT A NATURAL TRAIL ALONG THE BOOKER CREEK TRAIL CORRIDOR.

COUNCIL MEMBER WARD OFFERED A “FRIENDLY” AMENDMENT TO ADD THE BUILDING OF SIDEWALKS ON BOTH SIDES OF WORSHAM DRIVE BETWEEN THE TWO ENTRANCES AND EXITS ONTO WEAVER DAIRY DRIVE EXTENSION.

Council Member Evans asked whether, when the Bicycle and Pedestrian Advisory Board recommended sidewalks on both sides of Worsham Drive, it realized that the applicant would be building the Extension beyond the entrance way of the Drive.  Council Member Ward responded that the Advisory Board was looking into the future when the Extension would become a four-land road, and since there would only be one cut in the median, there would be more traffic on the road, and in the interest of pedestrian safety, he thought sidewalks on both sides of the street would be best.

Council Member Evans added the more add-ons the more the costs would be, and in the interest of less impervious surfaces, she said the amendment would not be “friendly” to her but if Council Member Ward found the support of the Council for additional sidewalks, it would be fine with her.

COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER FOY, TO AMEND THE MAIN MOTION TO ADD A STATEMENT SAYING THAT THE SECTION OF WORSHAM DRIVE BETWEEN THE TWO ACCESS POINTS TO WEAVER DAIRY ROAD INCLUDE SIDEWALKS ON BOTH SIDES OF THE STREET.  THE MOTION WAS ADOPTED BY A VOTE OF 6-2, WITH MAYOR WALDORF, COUNCIL MEMBERS BATEMAN, BROWN, FOY, STROM, AND WARD VOTING AYE, AND COUNCIL MEMBERS EVANS AND WIGGINS VOTING NAY.

THE MAIN MOTION WITH THE ADDED TWO AMENDMENTS WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION APPROVING AN APPLICATION FOR A PRELIMINARY PLAT FOR PARKSIDE II CLUSTER SUBDIVISION (File # 24..17) (2000-07-05/R-9a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Parkside II Cluster Subdivision, proposed by M/I Homes Inc., on the property identified as Chapel Hill Township Tax Map 24, Lot 17, if developed according to the preliminary site plan dated December 7, 1999, revised May 31, 2000 and June 27, 2000 and the conditions listed below, would comply with the provisions of the Development Ordinance and specifically with the following cluster development requirements from Subsection 17.8.2 of the Development Ordinance:

1.                  The tract proposed for cluster development is at least two (2) acres in size;

2.                  Public, separate water supply and sewerage connections are available for every subdivided lot;

3.                  The total number of lots proposed for the tract, excluding parcels of reserved recreation area, is not greater than the number determined by dividing the total gross land area by the minimum gross land area established in Section 13.11 for that zoning district;

4.                  The recreation area within the tract shall conform to the recreation area standards of Subsection 17.9 of this article; and

5.                  The minimum amount of land reserved as recreation area shall be the sum of all reductions in minimum gross land area as a result of the cluster form of development, combined with the minimum recreation area reservation required in Subsection 17.9.7.

These findings are based on the following:

Stipulations Specific to the Development

1.      That this approval shall authorize the creation of 67 single-family lots.

2.      Floor Area Restrictions:  That the provisions of Section 13.11, “Major Subdivision and Planned Development-Housing floor Area Restrictions” shall apply to this development. That the final plans and plats shall indicate the specific lots on which size limitations are placed.

3.      Residential Construction and Tree Protection: That the tree protection fencing as shown on proposed lots 16, 27, 28, and 30, shall remain in place during residential construction activities.  That tree protection fencing shall be installed around the 34 dbh inch Red Oak on proposed lot 31 and shall remain in place during residential construction activities on same lot.  That the tree protection fence on these lots shall be installed at a distance from the base of the tree equal to at least one foot per dbh.

4.      Homestead Park: Note on Plat: That the final plat shall include a note indicting that public park facilities (including lighted playing fields, skateboard park, batting cage, and associated parking area batting cage) are located near the southeast boundary of the site.

Required Improvements

5.      Weaver Dairy Road Right-of-Way Dedication: That the applicant dedicate 98 feet of right-of-way for the extension of Weaver Dairy Road from the Northwood V Phase 2 development to the edge of the southern property line. That the final right-of-way width shall extend at least one foot beyond the edge of  the sidewalk.  That the entire Weaver Dairy Road right-of-way be dedicated with the recordation of the first plat including residential lots.

6.      Weaver Dairy Road Improvements: That one-half of Weaver Dairy Road (eastern half), extending from the northern to southern property line of this site be constructed to a 32 foot wide cross-section from back-of-curb to back-of-curb, including curb and gutter, two 12 foot wide travel lanes, a 4-foot wide bike lane, a 3-foot planter strip and a 5-foot wide paved sidewalk.

7.      Weaver Dairy Road Surety:  That a surety, with an final expiration date of January 2004, guaranteeing the construction of ½ of a cross section of Weaver Dairy Road through the entire site, be posted with the Town prior to recordation of the first plat including residential lots.

8.      Direct Access Prohibited: That direct auto access be prohibited from Weaver Dairy Road for those lots abutting the Weaver Dairy Road right-of-way and that an access prohibition easement be included on the final plat.

9.      Internal Streets/Sidewalks: That all internal streets be built to Town standard.  That all internal streets be constructed in a 27 foot cross section within a 50 foot right-of-way.  That except for Camille Court and the cul-de-sac at the north end of Palafox Drive, sidewalks shall be provided on at least one side of all internal streets.  That sidewalks be constructed on both sides of Worsham Drive, between Laurens Way and Fulton Way.

Stipulations Related to Recreation Area

10.    Minimum Recreation Area:  That a minimum of approximately 9.2 acres of recreational area shall be provided for this development.

 

11.    Dedication of Recreation Areas: That the final plat dedicate and deed Tract “A” and Tract “C” to the Town of Chapel Hill for Parks and Recreation purposes.  That the applicant remains responsible for this are until the Town accepts the property.

That any deed restrictions placed on any recreation area to be dedicated to the Town shall not interfere with the ability of the Town to construct trails, provide public pedestrian/non-motorized vehicle/motorized wheelchair access, or provide maintenance services.

That Tract A be no less than 30 feet in width.

12.    Booker Creek Greenway - Worsham Drive Intersection: That Worsham Drive shall be constructed with side slopes not exceeding 5% in order to accommodate the future Upper Booker Creek Greenway street crossing.

13.    Access Easement to Homestead Park: That a 20-foot wide pedestrian access easement be provided between Christine Court and Homestead Park.  That an access easement (Tract “D” Open Space) shall be recorded, concurrently with the final plat, at the Orange County Register of Deeds and shall grant an easement in perpetuity to the Town of Chapel Hill.  That the recorded easement shall include wording that guarantees public pedestrian, non-motorized vehicle, and motorized wheel chair access.  That the easement guarantee the Town of Chapel Hill’s right to construct and maintain a trail, allow for access of emergency vehicles, signage, removal of dangerous or diseased vegetation, or any other function necessary to guarantee public safety. 

14.    Ownership of Pedestrian Access Area:  That the pedestrian access to Homestead Park not be part of individual lots but are part of land owned and controlled by the Homeowners’ Association.  That a deed granting ownership of the pedestrian access area to the Homeowners’ Association shall be recorded, concurrently with the final plat, at the Orange County Register of Deeds. 

Stipulations Related to Resource Conservation District

15.     Boundaries: That the boundaries of the Resource Conservation District be indicated on the final plat and plan.  A note shall be added to all final plats and plans, indicating, “Development shall be restricted within the Resource Conservation District in accordance with the Chapel Hill Development Ordinance.”

16.    Variances: That all variances necessary for development within the Resource Conservation District be obtained before application for final plat or Final Plan approval for the subject phase(s) of development.

17.    Buildable Lots:  That no lot be created that would require a Resource Conservation District Variance in order to be built upon.

In addition, for each lot it must be demonstrated that there is sufficient buildable area outside the Resource Conservation District, slopes of 25% or greater, water quality vegetated buffers, other required landscape buffers, easements, and any applicable building setback limits.

18.    Construction Standards:  That for encroachment(s) into the Resource Conservation District, the requirements and standards of subsections 5.6 and 5.8 of the Development Ordinance and all other applicable Resource Conservation District regulations must be adhered to, unless the application is granted administrative exemptions from sub-section 5.8.

That all required erosion control sediment basins and stormwater improvements, outside the public right-of-way, including associated clearing and grading be located entirely outside of the Resource Conservation District

Stipulations Related to Steep Slopes

19.    Steep Slopes:  That each submittal for Final Plan approval shall include a map showing lots and street segments on slopes of 10% or more, and indicating how the development and construction will comply with the steep slopes regulations in the Development Ordinance:

·        for slopes of 10 - 15%, site preparation techniques shall be used which minimize grading and site disturbance;

·        for slopes of 15 - 25%, demonstrate specialized site design techniques and approaches for building and site preparation; and

·        for slopes of 25% or greater, provide a detailed site analysis of soil conditions, hydrology, bedrock conditions, and other engineering or environmental aspects of the site.

Each Final Plan application shall demonstrate compliance with the steep slopes regulations in the Development Ordinance.  The Town Manager shall decide if the proposed building and site engineering techniques are appropriate. That a note be included on the Final Plans and recorded on the final plat indicating that curbside refuse collection may be required for lots with steep slopes. These restrictions shall be referenced in the Homeowners’ Association documents.

Stipulations Related to Homeowners’ Association

20.    Homeowners’ Association:  That a Homeowners’ Association be created that has the capacity to place a lien on the property of a member who does not pay the annual charges for maintenance of common areas, however designated.  The Homeowners’ Association documents shall be reviewed and approved by the Town Manager prior to recordation at the Orange County Register of Deeds Office and cross-referenced on the final plat.

Stipulations Related to Landscape Elements

21.    Required Landscape Bufferyard: That a Type D landscape bufferyard (minimum 30-foot width) be provided along the property’s Weaver Dairy Road frontage.  That at least a 22 foot wide portion of the landscape bufferyard, adjacent to the proposed Weaver Dairy Road extension, shall not be part of individual lots but shall be part of land owned and controlled by the Homeowners’ Association.  That a deed granting ownership of the 22 foot wide landscape bufferyard to the Homeowners’ Association shall be recorded, concurrently with the final plat, at the Orange County Register of Deeds.

22.    Landscape Bufferyard Located on Individual Lots:  That in order to accommodate a 98 foot wide right-of-way for the extension of Weaver Dairy Road, a maximum of eight feet of the Weaver Dairy Road landscape buffer may be located on lot 1 and lots 55 through 67.

23.    Landscape Easement: That a landscape planting and maintenance easement shall be dedicated to the Homeowners’ Association for any portion of the Weaver Dairy Road landscape bufferyard proposed on individual lots. No vegetation may be removed from the easement without approval by the Homeowners’ Association.

24.    Landscape Protection Plan:  That a Landscape Protection Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.  The Landscape Protection Plan shall include fencing between infrastructure construction and existing vegetation to be retained in the following locations:

·        The required landscape bufferyards;

·        The land designated for open space and recreation areas; and

·        As required during residential construction on proposed lots 16, 27, 28, 30, and 31.

That all tree protection fencing  shall be installed at a distance from the base of the tree equal to at least one foot per dbh

Stipulations Related to Water, Sewer, and Other Utilities

25.    Utility/Lighting Plan Approval: That the final utility/lighting plan be approved by Duke Power Company, Orange Water and Sewer Authority, BellSouth, Public Service Company, Time Warner Cable, and the Town Manager prior to issuance of a Zoning Compliance Permit.

26.    OWASA Easements:  That easement documents as required by OWASA and the Town Manager be recorded concurrently with the final plat.  That the final plat shall be approved by OWASA prior to Town approval.

27.    Placement of Utility Lines Underground:  That the final plans indicate that all utility lines shall be placed underground.

28.    Fire Flow:  That a fire flow report, prepared by a registered professional engineer, and showing that flows meet the minimum requirements of the Design Manual, be approved prior to issuance of a Zoning Compliance Permit.

Miscellaneous Stipulations

29.    Stormwater Management Plan: That a Stormwater Management Plan be submitted to the Town Manager for review and approval prior to issuance of a Zoning Compliance Permit. That all stormwater management improvements, including those within the Resource Conservation District, shall be located within dedicated maintenance easements.

30.    Solid Waste Management Plan:  That a Solid Waste Management Plan, and a plan for managing and minimizing construction debris, shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

31.    Open Burning:  That the open burning of trees, limbs, stumps and construction debris association with this development is prohibited unless it is demonstrated to the Town Manager or his designee that no reasonable alternative means are available for removal of the materials from the subject property.  The Fire Marshall may establish safety standards, which must be met in order to receive a permit under this Article. 

32.    Detailed Plans:  That final detailed site plans, grading plans, utility/lighting plans, stormwater management plans (with hydrologic calculations), and landscape plans and landscape maintenance plans be approved by the Town Manager prior to issuance of a Zoning Compliance Permit, and that such plans conform to the plans approved by this application and demonstrate compliance with all applicable conditions and the design standards of the Development Ordinance and the Design Manual.

33.    Plant Rescue:  That the applicant consider conducting plant rescue activities on the site prior to initiation of development activity.

34.    Certificates of Occupancy:  That no Certificates of Occupancy be issued until all required public improvements are completed; and that a note to this effect shall be placed on the final plat.

That if the Town Manager approves a phasing plan, no Certificates of Occupancy shall be issued for a phase until all required public improvements for that phase are complete; no Building Permits for any phase shall be issued until all public improvements required in previous phases are completed to a point adjacent to the new phase, and that a note to this effect shall be placed on the final plat.

35.    Erosion Control:  That a detailed soil erosion and sedimentation control plan, including provision for maintenance of facilities and modifications of the plan if necessary, be approved by the Orange County Erosion Control Officer and the Town Manager prior to issuance of a Zoning Compliance Permit.

That a performance guarantee be provided in accordance with Section 5-97.1 Bonds of the Town Code of Ordinances prior to issuance of any permit to begin land-disturbing activity.

36.    Silt Control:  That the applicant take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.

37.    Street Stubout Signage: That a sign, reading “Roadway subject to future extension” will be posted at each roadway stubout.

38.    Street Names and Addresses: That the name of the development and its streets and house numbers be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

39.    Construction Sign Required:  That the applicant post a construction sign that lists the property owner’s representative, with a telephone number, the contractor’s representative, with a phone number; and a telephone number for regulatory information at the time of issuance of a Zoning Compliance Permit.

40.    Continued Validity:  That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.

41.    Non-severability: That if any of the above conditions is held to be invalid, approval in its entirety shall be void. 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the application for a Preliminary Plat for the Parkside II Cluster Subdivision in accordance with the plans and conditions listed above.

This the 5^th day of July, 2000.

Item 9 – Report on Time Warner/American Online Merger

Assistant to the Manager Bill Stockard said that a key issue was whether a local government could require a cable operator to open its cable mode platform to all Internet service providers on a nondiscriminatory basis. He reported that a Ninth U.S. Circuit Court of Appeals on June 22, 2000, made the decision that this could not be required. Mr. Stockard said the staff had concluded that the merger issues would have little or no effect on the Town or local cable customers.  He said the staff recommended that the Council:

(1)   allow time for public comment on these issues;

(2)   approve Attachment 1, approval of FCC-394;

(3)   adopt the attached report (Attachment 2) from Robert Sepe of Triangle J Council of Governments; and

(4)   approve Resolution A granting Town consent to the merger.

COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER EVANS, THE ADOPTION OF RESOLUTION 10.1A.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION ADOPTING FCC FORM 394 AND GRANTING THE CONSENT OF THE TOWN OF CHAPEL HILL TO THE TRANSFER OF CONTROL OF A CABLE TELEVISION FRANCHISE FROM TIME WARNER, INC., TO AOL TIME WARNER, INC., AND A TRANSFER OF CONTROL FROM MEDIA ONE GROUP, INC., TO AT&T CORPORATION (2000-07-05/R-10.1a)

WHEREAS, Time Warner Entertainment-Advance/Newhouse Partnership (“TWEAN”) holds a valid, non-exclusive franchise to operate a cable television system in Chapel Hill, North Carolina (the “Franchising Authority”); and

WHEREAS, TWEAN   is   a   subsidiary of Time Warner, Inc. (TWI); and

WHEREAS, Media One Group, Inc., (“Media One”) holds a 25.51% interest in Time Warner Entertainment Company, L.P., (“TWE”) which in turn owns a 66.66% interest in TWEAN; and

WHEREAS, a wholly-owned subsidiary of AT&T Corporation (“AT&T”) is acquiring all of the shares of Media One pursuant to an Agreement and Plan of Merger dated May 6, 1999, (“Transaction No. 1”) so that following closing of the transaction, AT&T will control an approximate 17% interest in TWEAN; and

WHEREAS, TWI and America Online, Inc., (“AOL”) have entered into an Agreement and Plan of Merger dated January 10, 2000 (“Transaction No. 2”); and

WHEREAS, the merger agreement will result in a stock to stock merger (“Transaction No. 2”) in which TWI and AOL will merge with subsidiaries of a newly formed holding company; and

WHEREAS, as a result of Transaction No. 2, both TWI and AOL will become wholly owned subsidiaries of the new company, AOL-Time Warner, Inc (“AOL-TW”); and

WHEREAS, the franchisee, TWEAN, and TWI, AOL-TW, Media One, and AT&T, have requested the consent of the Franchising Authority, if it determines consent is necessary, to the aforementioned change of control and Transaction Nos. 1 and 2; and

WHEREAS, on or about February 10, 2000, TWI, as transferor, and AOL-TW, as transferee, filed an FCC Form 394 seeking the consent of the Franchising Authority to Transaction No. 2; and

WHEREAS, on or about February 18, 2000, Media One, transferor, and AT&T, transferee, filed a Form 394 with the Franchising Authority seeking consent to Transaction No. 1; and

WHEREAS, the Franchising Authority has conducted a thorough review of the legal, technical and financial qualifications of the applicants and the transferees to own and operate the cable system; and

WHEREAS, the Franchising Authority has received and reviewed the report of its cable television consultant concerning the legal, technical and financial qualifications of the transferees and provided an opportunity for public comments; and

WHEREAS, AT&T and TWI are the two largest cable television operators in the United States and AOL is the largest and most dominant provider of Internet services; and

WHEREAS, TWI and AOL have entered into a Memorandum of Understanding dated February 29, 2000 (the “MOU”), a copy of which is attached hereto as Attachment A, setting forth significant commitments that AOL/TW will undertake to enable cable modem subscribers to obtain service from affiliated Internet Service Providers (ISPs).  Included among those commitments is the commitment of AOL/TW to operate its cable systems in a manner that does not discriminate among ISPs based on their affiliation with AOL/TW; and

WHEREAS, following further review and an investigation, the Franchising Authority has concluded that the transferees have established that they meet the technical, legal, and financial criteria to operate the cable system and have satisfied all criteria set forth in and/or under all applicable or required local government and federal documents, laws, rules and regulations, including FCC Form 394 and contingent upon applicants meeting all of the requirements set forth below;

NOW, THEREFORE, BE IT RESOLVED that in consideration of the foregoing and the promises set forth herein, the Franchising Authority and the transferees agree to the following:

1.                  The Franchising Authority consents to Transaction Nos. 1 and 2, effective immediately upon the closing of the transactions contemplated by the agreements, provided that said closings take place prior to July 1, 2001.

2.                  The Franchising Authority confirms that:

(a)    the franchise held by the franchisee is valid and in full force and effect.

(b)   the franchisee will be in material compliance with the franchise if the other conditions set forth in this Resolution are met.

3.                  TWEAN:

(a)    agrees to be bound by the franchise and perform all duties and obligations thereunder;

(b)   represents and warrants that it is able to provide and agrees to provide all services required under said franchise;

(c)    acknowledges and agrees that TWEAN is subject to the regulatory authority of the grantor as provided by state and federal law;

(d)   agrees to cooperate fully with the Franchising Authority and to obtain from any governmental agency having jurisdiction, all licenses, permits, and other authority necessary for lawful operation and maintenance of the cable system.

4.                  The past performance of TWEAN under the control of TWI pursuant to the franchise is not waived by the Franchising Authority consenting to this transfer and adopting this Resolution.  TWEAN (under the control of its new parent, AOL-TW) agrees to be responsible for and bound by the breaches and non-performance, if any, of TWEAN (under the control of TWI) prior to this transfer.  The Franchising Authority may, after consummation of the Transaction Nos. 1 and 2, consider in any ongoing renewal proceeding, the past performance of TWEAN (under the control of TWI) to the extent permitted under 47 U.S.C. §546, as if it were the past performance of TWEAN (under the control of AOL-TW).

5.                  TWEAN and AOL-TW agrees that the revaluation of the cable system assets, if any, resulting from Transaction Nos. 1 and 2 shall not be the basis for any future rate increases for any regulated cable service, including, but not limited to basic cable service, equipment rentals, and installation costs.

6.                  This Resolution shall become effective on the date of passage, but shall be automatically rescinded and the transfer of control denied (1) if not accepted in writing by TWEAN within thirty (30) days of passage; or (2) if any of the conditions of this consent resolution are determined to be invalid in a final judgment by a court of competent jurisdiction.

7.                  Within thirty (30) days following the adoption of this Resolution, TWEAN shall pay the sum of $2,500 to the Franchising Authority if it has 1,000 or more subscribers and the sum of $1,250 to the Franchising Authority if it has 999 or fewer subscribers, to reimburse the Franchising Authority for its expenses in connection with this transfer.  None of the foregoing expenses described in this paragraph or TWEAN’s payment shall constitute an offset against franchise fees or any other amounts due the Franchising Authority from TWEAN pursuant to the terms of the Franchise or otherwise.

8.                  The Franchising Authority is granting its consent to the transfer of control of the Franchise in reliance on the commitment of TWI and AOL (as expressed in the MOU), and Franchisee (as an entity substantially owned by TWI, and proposed to be substantially owned by AOL/TW), to the principles expressed in and underlying the MOU.

This the 5^th day of July, 2000.

Item 10 – Report on Comprehensive Plan Implementation Schedule

Mr. Waldon reported that the staff had proposed three major categories of work on implementing the Plan:

·        Early Implementation Measures

·        An Annual System of Reporting on the Action Plan

·        Linking the Data Book with the Growth Management Protocol

Mr. Waldon said the early implementation measures included: Comprehensive Zoning, Joint Planning Measures, and Revision of the Town’s Development Ordinance.  He added that there had been citizen comments and there would be a file maintained of their comments and proposals. He said there would be hearings in the fall on these issues.

Council Member Bateman asked if the Annual System of Reporting and the Data Book/Growth Management Protocol would be online. Mr. Waldon said they would.

Council Member Bateman asked if impervious surfaces and stormwater management were included in the proposals for the Development Ordinance.  Mr. Waldon said they were top priorities.

Council Member Strom said he felt that under the chart for New Comprehensive Plan Initiatives “Develop a strategy to promote mixed-use development” should be under the heading “Short-Term Actions” instead of “Mid-Term Actions.”  He said he assumed that under the Long-Term Actions “Pursue inclusionary zoning” that the Council would continue its lobbying efforts of the Legislature.

Council Member Foy asked where the “percent for the art program” was on the agenda.  Mr. Waldon said it was in the zero-two years, but would not be done immediately.

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER BATEMAN, TO HAVE THE MANAGER INCLUDE FUNDING IN FUTURE BUDGET CONSIDERATIONS FOR THE ARTS.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Mr. Horton said the normal practice for funding the arts was to first focus on the site, but if that was not appropriate, it would then go to a fund in that same time period and used at another location chosen by the Council.

Item 11 –Review and Recommendation of Proposals for

Consultant Selection for Development Ordinance Review

Mr. Waldon reported for the Mayor’s Committee to Review Consultant Proposals, consisting of Council Members Evans, Strom, Ward, and Wiggins.  He reported that proposals had come from several consulting firms, and the Committee found two of these to be particularly suited to the task of revising Chapel Hill’s Development Ordinance.  He said, after reviewing all the proposals, the Committee decided on the firm of Lane Kendig, Inc., accompanied by Dwight Merriam of Robinson & Cole, from Connecticut, who would serve as special land use counsel for the project.   Mr. Waldon said the Committee would hope that the Council would adopt the resolution selecting this firm, in order to get the project underway.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT RESOLUTION 11.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION SELECTING A CONSULTANT FOR REVISION OF CHAPEL HILL’S COMPREHENSIVE PLAN (2000-07-05/R-11)

WHEREAS, the Town Council adopted a new Comprehensive Plan on May 8, 2000; and

WHEREAS, a key step in implementing that Comprehensive Plan is revision of Chapel Hill’s Development Ordinance; and

WHEREAS, the Town has sought proposals for consultant services to assist in this revision, and has reviewed and evaluated those proposals; and

WHEREAS, the Council concludes that the proposal offered by Lane Kendig, inc., would best match the Council’s objectives in revising the Development Ordinance;

NOW, THEREFORE, BE IT RESOLVED that the Council selects the firm of Lane Kendig, Inc. for purposes of contracting for services related to revising Chapel Hill’s Development Ordinance.

BE IT FURTHER RESOLVED that the Council directs the Town Manager to negotiate a specific scope of work and contract with Lane Kendig, inc., and to bring a scope of work and contract to the Council for consideration in August 2000.

This the 5^th day of July, 2000.

Item 12 – Report on GTE/BellSouth Customer Concerns

Assistant to the Manager Bill Stockard said that the staff was recommending that the Council call a public hearing on September 18, 2000, to receive citizen comment on the various calling plans within the Town, as well as the potential value of an Extended Area Service Plan for telephone service in Chapel Hill and Durham.  He said, to simplify calling between the two companies which serve Chapel Hill in different parts of the Town, BellSouth and GTE, the N.C. Utilities Commission approved the Chapel Hill Border Plan to GTE customers, if they were located within the Chapel Hill Town limits or had a Chapel Hill mailing address.  Mr. Stockard said it had a 408 prefix and included unlimited calls to Chapel Hill, Research Triangle Park, and Raleigh/Durham International Airport, but there would be an extra charge of 6 cents for a “hook on” and 4.5 cents per minute, for non-408 prefixes in Durham, and calls to Cary and Raleigh.

Mr. Stockard said there was a plan called Extended Area Service (EAS) that would provide an unlimited, flat rate calling service rather than a long distance charge.  He said the Utilities Commission would have to determine what that flat rate would be.  Mr. Stockard added that the Utilities Commission would require each telephone company to call each customer explaining what the flat rate costs would be.  He noted that the key advantage of the EAS would be consistency, as customers would pay a flat rate.  Mr. Stockard said the key disadvantage would be opposition from telephone companies concerned with loss of revenues.

Mr. Stockard noted that other citizen concerns were emergency calls to 911, listings in directories, and inability to find listings through directory assistance.  He said the staff felt that a simplified calling plan between Chapel Hill and Durham would relieve some of the problems that Town citizens have experienced.  Mr. Stockard said the staff was recommending that the Council adopt a resolution calling a public hearing for September 18 to receive citizen comment on the various calling plans within the Town and the potential value of an Extended Area Service plan.  He pointed out that following the hearing, the Council might wish to report its conclusions to the Orange County Legislative Delegation and submit a request to the North Carolina Utilities Commission.

Ms. Kani Hurow, representing the Oak Villas Neighborhood Association, spoke about the continuing problems with the phone system provided by GTE.  She said she was concerned about emergency medical service calls, directory assistance not providing listings other than the 408 exchange, long distance charges for calls between neighbors, and not receiving copies of the GTE phone directory.  Ms. Hurow refuted the staff report that these problems had been or would be solved by the plans offered by GTE, and cited several examples of what she called “horror stories” many in her neighborhood had experienced with the GTE service.  Ms. Hurow said she hoped these many problems could be solved, because they had been going on for many years.

Mr. Bob Reda, representing the neighbors in Chandlers Green, said his neighbors had not had the problems as those related previously, but were having service-related problems with GTE.  He distributed a list of the problems to the Council, noting that one of the problems was in dialing 911 and being connected to Durham, causing the 911 operator to transfer the call back to Orange County.  Mr. Reda said the promised correction to this problem had not happened and it was “hit-or-miss” as to where County emergency calls went.  He said service problems were in his whole neighborhood, and asked for the Council’s help in solving these problems.

Mr. Horton said he had checked about the 911 calls and had been assured that the E-911 service provided by the Orange County Center was working properly.  He said it was a service very easy to test, and he would like to hear from the neighbors at Chandlers Green when they had the problem. Mr. Horton suggested dialing for a test to the 911 center, to make sure the call was routed to the Orange County Center.

Mayor Waldorf felt that the GTE representatives should be informed about the public hearing.

Council Member Evans pointed out that there would be another company, BTI, serving the residents of Meadowmont, and she asked what could be done about those connections before they created a problem.  Mr. Horton said the Town had no regulatory authority in the field of communication companies, but could require them to obtain a franchise agreement.

Council Member Evans said she thought BTI should also be invited to the public hearing. Mr. Horton said that the people in Meadowmont could choose BellSouth if they wished, but the developer had made it easier for BTI than for BellSouth to provide services within the development.

Council Member Bateman suggested submitting the list that Mr. Reda had provided the Council to GTE along with the letter inviting representatives to the public hearing.  She suggested that the Meadowmont developer be advised of the problems that citizens had had with other carriers, and thereby make it easier for them to choose BellSouth as an alternative to BTI.  Mr. Horton said the developer had made it clear to him that he had good reasons to allow BTI to be the carrier for Meadowmont.

Council Member Bateman said that GTE should be made aware that problems had not been corrected as the staff had been informed, but that there were still many citizen complaints.

Council Member Ward said all three service providers should be invited to the public hearing.  He asked if there were any other significant dividing lines to the other borders of Chapel Hill.  Mr. Horton said none that he was aware of.

COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 12.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

 

A resolution calling a public hearing on September 18 to receive citizen comment on the various calling plans within the Town and the potential value of an Extended Area Service Plan for telephone service in Chapel Hill and Durham (2000-07-05/R-12)

WHEREAS, residents of Chapel Hill are served by multiple telephone companies with varying calling plans; and

WHEREAS, these multiple calling plans create confusion and, at times, extra costs for Chapel Hill residents who live in the Durham County portion of Chapel Hill; and

WHEREAS, citizens have voiced concern over the confusion and cost of these plans;

NOW, THEREFORE, BE IT RESOLVED that the Council of the Town of Chapel Hill hereby calls a public hearing on September 18 to receive citizen comment on the various calling plans within the Town and the potential value of an Extended Area Service Plan for telephone service in Chapel Hill and Durham. 

This the 5^th day of July, 2000.

Item 13 – I-40 High Occupancy Vehicle Congestion

Management Study Phase II

Transportation Planner David Bonk reported that the memorandum contained only the Executive Summary, because that was all that had been prepared by the North Carolina Department of Transportation (NCDOT), but that the Department would be willing to send a representative to present the issues to the Council if it desired.  He said the NCDOT anticipated approval of the initiation of the Phase II Study at its July meeting and the intended budget for the Study was $1.8 million.  Mr. Bonk noted that for this reason it was the Manager’s suggestion that membership of the I-40 High Occupancy Vehicle/Congestion Management Study Policy Oversight Committee and Technical Committee be expanded to include a representative from Chapel Hill, Durham, Durham County and Orange County.  Mr. Bonk said the staff had put forward several recommendations to the Council including that:

·        Representation on both the Policy Committee and the Technical Committee be expanded to include representatives from Chapel Hill, Durham, Durham County and Orange County.

·        As part of the evaluation of the corridor between the Durham Freeway and U.S. 15-501 that consideration of High Occupancy Vehicles (HOV) lanes be included in the planning.

·        Coordination of the widening of the general purpose lanes and the HOV lanes.

·        During the release of Phase I the development of a regional bus way between Chapel Hill and the Research Triangle Park along I-40 be included.

Council Member Foy asked if the Phase II Study would be comparable to the Phase I Study.  Mr. Bonk said it would use the recommendations included in the Executive Summary.

Council Member Foy asked if Phase I had cost $2 million, as Phase II was projected to cost.  Mr. Bonk said Phase I cost $400,000.

Mayor Waldorf defended the telephone survey by the NCDOT, because she said it called attention to the problems with I-40 which had not been discussed before.  She suggested that the Resolution include the language in all the bullets after “high occupancy vehicles” a slash “bus” to read “high occupancy vehicles/bus lanes.” She suggested in bullet #5 adding a reference to NC 54.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT RESOLUTION 13 WITH THE ADDED AMENDMENTS.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION APPROVING RECOMMENDATIONS TO THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION AND DURHAM-CHAPEL HILL-CARRBORO TRANSPORTATION ADVISORY COMMITTEE ON THE SCOPE OF WORK FOR THE I-40 HIGH OCCUPANCY VEHICLE/CONGESTION MANAGEMENT STUDY PHASE II REPORT (2000-07-05/R-11)

WHEREAS, the North Carolina Department of Transportation has completed the Phase I I-40 High Occupancy Vehicle/Congestion Management Study; and

WHEREAS, the Phase I Study included several recommendations for further evaluation in the Phase II Study; and

WHEREAS, the North Carolina Department of Transportation is proceeding with developing a scope of work for the Phase II Study;

NOW, THEREFORE, BE IT RESOLVED by the Town Council of Chapel Hill that the following recommendations be incorporated into the Phase II scope of work:

·        The membership of the I-40 High Occupancy Vehicle/Congestion Management Study Policy Oversight Committee and Technical Committee be expanded to include a representatives from Chapel Hill, Durham, Durham County and Orange County.

·        The Phase II Study evaluate the possibility of implementing high occupancy vehicle/bus lanes as part of the planned improvements to I-40 between US 15-501 and I-540.

·        The Phase II Study evaluate the impact of implementing high occupancy vehicle lanes for the section of I-40 between I-85 and US 15-501.

·        The Phase II Study assess the financial impacts of making the planned improvement to I-40 between US 15-501 and I-540 on the long term implementation of high occupancy vehicle/bus lanes.

·        The Phase II Study evaluate the impact of expanded regional transit services utilizing a high occupancy vehicle/bus lane along I-40 and evaluate the impact of providing a formal busway along I-40 and NC 54 between Chapel Hill and the Research Triangle Park.

This the 5^th day of July, 2000.

Item 14 – Follow-up Report on Air Conditioning in Public Housing

Housing Director Tina Vaughn, commenting on the follow-up report on air conditioning for public housing, said the original report had a cost of providing air conditioning units for all of the apartments ranging from $290,000 for window units to about $1 million for central air conditioning. She said presently there were 49 occupied units without air conditioning and the estimated cost would be $20,000.  Ms. Vaughn said, based upon an investigation to determine whether the U.S. Department of Housing and Urban Development (HUD) program would be a source for funding air conditioning, the Town Department of Housing found it would not.  She reported the staff felt the $20,000 cost could be funded from Comprehensive Grant Funds, without jeopardizing the renovation plans for public housing.  Ms. Vaughn reported that the staff was offering three Resolutions for the Council’s considerations:

·        Resolution A: Payment by Residents if they wanted window air conditioners, based on ability to pay.

·        Resolution B: No Payment by Residents if they wished window air conditioners installed.

·        Resolution C: To allow air conditioning units to be included as the renovations were being made, and would also include central air conditioning as an alternative

Ms. Vaughn said the staff was recommending adoption of Resolution A and C.

Council Member Foy asked if the Town would provide air conditioning units to future tenants of a unit where the first tenant owned and kept the air conditioning unit he had purchased.  Ms. Vaughn said the Town would provide the units for the next tenant based on the tenant’s ability to pay.

COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 14A.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION AUTHORIZING THE MANAGER TO OFFER AIR CONDITIONING UNITS TO PUBLIC HOUSING RESIDENTS (2000-07-05/R-14a)

WHEREAS, the Council desires to provide air conditioning units for public housing residents who do not have air conditioning units;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill, that the Council hereby authorizes:

·          the Manager to purchase and install one window air conditioning unit in public housing apartments that do not now have air conditioning; and,

·          the Manager to establish payment plans on an ability to pay basis for public housing residents for air conditioning.

This the 5^th day of July, 2000.

COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 14C. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION AUTHORIZING THE MANAGER TO INCLUDE AIR CONDITIONING IN FUTURE RENOVATIONS FOR THE PUBLIC HOUSING APARTMENTS (2000-07-05/R-14c)

BE IT RESOLVED that the Council authorizes the Manager to include air conditioning in future public housing renovations, as funding permits.

This the 5^th day of July, 2000.

Item 15 – Appointments

Mayor Waldorf announced the appointment of Barbara Chaiken to the Bicycle and Pedestrian Advisory Board.

Bicycle and Pedestrian Advisory Board

Council Members

Applicants

Waldorf

Bateman

Brown

Evans

Foy

Pavão

Strom

Ward

Wiggins

TOTAL

Barbara Chaiken

X

X

X

X

X

5

Alice Neebe

X

X

X

3

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER FOY, TO ADOPT RESOLUTION 15. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION EXTENDING THE TERM OF MARGARET EDWARDS ON THE HOUSING AND COMMUNITY DEVELOPMENT ADVISORY BOARD FOR ONE ADDITIONAL YEAR (2000-07-05/R-15)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby extends for one year the term of Margaret Edwards on the Housing and Community Development Advisory Board, with an expiration date of June 30, 2001.

This the 5^th day of July, 2000.

Item 5d. Pulled by Council Member Bateman

Council Member Bateman asked what was the timetable for compliance and what were the consequences for non-compliance, regarding the petition concerning problems and garbage and trash removal on Davie Circle. Retired Inspections Director John Davis responded that first a letter was sent to the offending persons and with a follow-up visit to be sure that the compliance was being maintained.  Mr. Davis said all these had been done, and oversight was being continued.

Item 4f. Pulled by Council Member Strom

Council Member Strom suggested that he would like the staff to proceed with some suggestions for protecting lots created prior to current Development Ordinance requirements.  He said this should be done right away and should not wait for the consultant for the Development Ordinance to make his recommendations.

Council Member Evans said most of the lots were individual lots that had been platted and most were an infill issue, individual lots in several places.  She suggested that a report could be made by the staff, but she felt that this was an issue that should be dealt with broadly rather than individually.

Council Member Wiggins suggested asking the staff for a report and which could be folded into what was determined by the consultant.

COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER FOY, TO ASK THE STAFF TO BRING BACK OPTIONS FOR PROTECTING NEIGHBORHOODS AND ENVIRONMENT SURROUNDING PREVIOUSLY RECORDED LOTS THAT DO NOT MEET CURRENT REGULATIONS AND THE RECOMMENDATIONS TO COME BACK IN SEPTEMBER.  THE MOTION WAS ADOPTED BY A VOTE OF 7-1, WITH MAYOR WALDORF, COUNCIL MEMBERS BATEMAN, BROWN, FOY, STROM, WARD, AND WIGGINS VOTING AYE, AND COUNCIL MEMBER EVANS VOTING NAY.

The meeting adjourned at 10:00 p.m.