SUMMARY MINUTES OF A REGULAR BUSINESS MEETING

OF THE CHAPEL HILL TOWN COUNCIL

MONDAY, AUGUST 28, 2000, AT 7:00 P.M.

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

Council Members present were Flicka Bateman, Joyce Brown, Pat Evans, Kevin Foy, Lee Pavão, Bill Strom, Jim Ward, and Edith Wiggins.

Staff members present were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Town Attorney Ralph Karpinos, Assistant to the Manager Bill Stockard, Planning Director Roger Waldon, Housing Director Tina Vaughn Transportation Planner David Bonk, Finance Director Jim Baker, Interim Transportation Director Scott McClellan, Parks and Recreation Director Kathryn Spatz, Engineering Director George Small, Fire Chief Dan Jones, Stormwater Engineer Fred Royal, and Town Clerk Joyce Smith.

Item 1 – Ceremonies (none)

Item 2 – Public Hearings (none)

Item 3 – Petitions by Citizens and Announcements by Council Members

3b. Petitions

1.      Dr. Jennifer Lail, Chapel Hill Pediatrics, petition for expedited review of Special Use Permit.

Jennifer Lail, M.D., Chapel Hill Pediatrics, presented support of a petition from Michael Sandman requesting consideration of an expedited review of two applications, one for rezoning and one a special use permit (SUP), to allow development of two office buildings on vacant property located at the intersection of Sage Road and Old Sterling Drive. She stated that the practice, which began in 1962, had outgrown its present building, both from a patient load perspective, to the inability to wire the building for the computer-based medical record, and space for ambulance access. She said the patient load could accommodate two more pediatricians in the practice, and the new location would keep the practice in Chapel Hill as well as remain on a bus route.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO RECEIVE AND REFER THE PETITION TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

2.      Ken Broun and the Westwood, Mason Farm, and Westside neighborhoods petition for public hearing on UNC Master Plan.

Ken Broun, former Mayor of Chapel Hill, representing the neighborhoods of Mason Farm, Whitehead Circle, Westwood and Westside, presented a petition resolution from over 200 signatories. He stated that this was the first time that a UNC Master Plan significantly proposed taking over properties neighboring the University. He said the concerns included:

·        Purchasing and demolition of private residences;

·        Providing for a regional mass transit corridor adjacent to the neighborhood;

·        Building two major parking decks adjacent to the neighborhood;

·        Building a major new road through the neighborhood connecting to the bypass;

·        Continued building of large-scale research facilities adjacent to the neighborhoods; and

·        Building a new chiller plant and HVAC system adjacent to the neighborhoods.

Mr. Broun said another concern was the Draft Major Investment Study Report, and the neighborhoods were requesting a public forum to ask several questions.  He said the neighborhoods were requesting the University address these questions in a format that would give the University and the Hospital the opportunity to answer these and other questions put to them by the Town Council and the public.

Aaron Nelson, speaking for the University, responding to Mr. Broun’s statement, said that the Chancellor of the University and Mayor Waldorf had set a date of September 27, 2000, to hold a forum to answer the questions and discuss the University’s Master Plan.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER FOY, THAT THE COUNCIL REQUEST A PUBLIC FORUM ON SEPTEMBER 27 IN THE COUNCIL CHAMBERS FOR UNC TO RESPOND TO MASON FARM, WESTWOOD, AND WESTSIDE NEIGHBORHOOD QUESTIONS REGARDING THE UNC PLANS AND ANY OTHER QUESTIONS WHICH MIGHT ARISE AT THE PUBLIC FORUM, WITH NOTIFICATION TO ALL OF THOSE WHO SIGNED THE PETITION PRESENTED THIS EVENING AS WELL AS ANY MAILING LISTS WHICH MIGHT ORDINARILY BE USED FOR NOTIFICATION OF THIS SORT OF PUBLIC FORUM, AND ALSO HAVE A SPECIAL INVITATION SENT BY THE MAYOR TO THE NEW CHANCELLOR AS WELL AS TO THE TWO BOARD OF TRUSTEES REPRESENTATIVES WHO LIVE IN CHAPEL HILL, AS WELL AS RICHARD WILLIAMS, TO ATTEND THIS PUBLIC FORUM.

COUNCIL MEMBER EVANS ADDED A “FRIENDLY AMENDMENT” TO INCLUDE ALL OTHER ADJOINING NEIGHBORHOODS TO THE UNIVERSITY. THIS WAS ACCEPTED BY THE MOVER AND THE SECONDER.

COUNCIL MEMBER STROM SUGGESTED GOING BACK TO THE TOWN’S NEW COMPREHENSIVE PLAN AND CHOOSING THE NEIGHBORHOODS THAT ARE IN THE NEIGHBORHOOD PRESERVATION DISTRICTS THAT WOULD POTENTIALLY BE AFFECTED BY CHANGES AT THE UNIVERSITY, AND MAKE SURE THAT A MAILING OR SOME EFFORT IS MADE TO CONTACT THEM, AS WELL.  THE AMENDMENT WAS ACCEPTED BY THE MOVER AND THE SECONDER.

MAYOR WALDORF SUGGESTED A “FRIENDLY AMENDMENT” TO INCLUDE A FEW MINUTES DISCUSSION AT THE PUBLIC FORUM PRESENTED BY HERSELF AND TRANSPORTATION PLANNER DAVID BONK REGARDING THE MIS REPORT. THIS WAS ACCEPTABLE TO THE MOVER AND SECONDER.

COUNCIL MEMBER WARD SUGGESTED GETTING INFORMATION TO ANY OTHER NEIGHBORS AFFECTED BY THE UNIVERSITY, SUCH AS THE HORACE WILLIAMS TRACT AND OTHER PRESERVATION AREAS.

Mr. Horton said any avenue of publicity should be used to get out the information, such as display ads, the web site, and the University web site, and information to the petitioners. He said the Board of Aldermen of Carrboro would also be notified.

Council Member Brown said that she did not want to see the focus deflected from the neighborhoods requesting the forum, although she agreed that as many neighborhoods as might be affected should also be notified.

Mayor Waldorf agreed and said the format of the forum would have to be worked out.

Mr. Horton proposed that all E-mail lists, U.S. Postal Service mailing lists, and all of the petition mailing lists, supplemented with display ads in all of the newspapers on several occasions, be utilized.

Council Member Brown suggested that the neighborhoods participate with flyers and e-mail.

Council Member Ward suggested that the University might publicize it through the University Gazette.

Mr. Nelson suggested separating the Horace Williams Tract from the discussion since the plans for it had not been finalized.

Council Member Ward pointed out that this was part of the petition.

Mayor Waldorf asked if the Council felt the forum should focus on the narrower neighborhood petition or on all other areas of the Master Plan as well.

Mr. Broun said the petitioners would not want to withdraw the question of the Horace Williams Tract from the discussion because it was an important part of the overall question of University expansion and the Master Plan.

Council Member Bateman felt it was important to discuss the Horace Williams Tract.

Council Member Ward said the question should not be taken off the list of considerations for the forum.

Council Member Evans said the network of the neighborhoods for spreading the ideas of the petition had been well done and felt it would be helpful for spreading the word of the public forum.

Council Member Brown suggested that the means for getting out the information regarding the forum as suggested by the Manager and Council would be adequate without sending out postcards to all the property owners adjacent to the University property.

Council Member Ward suggested that the University should also be asked to spread the word through its E-mail.

Mayor Waldorf said she would work on a format for questions and answers which did not allocate the entire evening to a series of three-minute statements.

THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Council Member Brown announced that the MIS Group meeting had tentatively scheduled a public meeting on September 21, 2000, at the Public Library.

3. Al Hackney, American Legion Post 6, petition to march on November 10, 2000.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO RECEIVE AND REFER THIS PETITION TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

4. Report on intersection improvements.

Loren Hintz, Chair of the Transportation Board, presented the project which focused on intersections. He pointed out general recommendations:

·        Installation of the red light runner cameras;

·        Appropriate crosswalks and access ramps at places that have signal lights;

·        Some intersections and bus stops should have crosswalks;

·        During construction, accommodations be made for pedestrians and cyclists;

·        The causes of concern were too many cars.

·        If the Town wishes to increase transit use the intersections and crosswalks are vitally important.

He said there were also specific recommendations in the report.

Council Member Bateman asked how the Committee arrived at the recommended intersections. Mr. Hintz said they visited the intersections listed, which had stoplights throughout the Town.

Council Member Evans asked if the Committee had discussed the change in the “no turn on red” signs on Franklin Street and Columbia Street and the difficulty for pedestrians to cross the streets. Mr. Hintz said it had not been discussed in particular, but could be added to the list.

Council Member Brown asked if Columbia Street and Cameron Street crossings had been discussed. Mr. Hintz said a further signal head had been recommended for further down on Cameron Street. Council Member Brown asked that be added to the list.

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

COUNCIL MEMBER WARD RECOMMENDED THAT THE CROSSWALKS BE RESTORED THAT HAD BEEN REMOVED BY THE OVERPAINTING.  THIS WAS ACCEPTABLE TO THE MOVER AND SECONDER.

THE MOTION WAS ADOPTED UNANIMOUSLY (9-0). 

5. Lake Forest Association requesting the Town of Chapel Hill to provide for disposal of silt from Eastwood Lake.

John Stephens, Chair of the Lake Forest Association, presented a petition asking that the Town provide for the disposal of silt that will be removed from Eastwood Lake during the upcoming restoration project. He noted that the recent washout of Piney Mountain Road, the ongoing development of the Northern Community Park, and other developments near Eastwood Lake had contributed to the build-up of silt in the lake. He said 75,000 cubic yards of silt will be removed and disposed of at a cost of between $1.5 to $2.5 million. He said the petition requested that the Town cover the $250,000 cost of disposal of the silt which will be removed from the lake, and the Association would try to seek funds from other trespassers to cover costs, including the cost of transporting the silt.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO RECEIVE AND REFER THE PETITION TO THE MANAGER.

Council Member Brown requested that the staff access the degree of toxicity of the silt in the report back to the Council.

THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

6. Petition from Tau Epsilon Phi Fraternity regarding land use intensity of the Special Use Permit (SUP).

Aaron Nelson requested an expedited review of a change in the SUP, which through an error had given permission for 20 residents, when the projected growth of the fraternity would require a permit to house 30 residents. He said the loan commitment would expire on September 15, thus the need to expedite.

Mayor Waldorf asked Mr. Horton what would the process be to reconsider the permit. Mr. Karpinos said he would have to look at the record and advise the Council at a later time. Mr. Horton said the staff would do everything possible to expedite the permit, but it would depend on whether another public hearing would be required. He said the recommendation from staff would be possible by the next Council meeting.

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO RECEIVE AND REFER THE PETITION TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

7.  Petition for a variance from the Town ordinance requiring burying of power lines.

Robert Reece requested a variance from the ordinance requiring burying of power lines because he had upgraded his amps from 100 to 200.  He said the main problem was that the requirement would mean digging a trench which would go through three mature trees roots, which would weaken the trees. Mr. Horton said there was a provision which gave the Manager flexibility in certain circumstances.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER STROM, TO RECEIVE AND REFER THE PETITION TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

8.  Petition from Church of the Holy Family for expedited review of a SUP.

Rev. Timothy Kimbrough, Rector of the Church of the Holy Family, requested expedited review of the SUP process for expansion and renovation of the church buildings. He detailed the usage of the church by many community groups as a community service, and what the expansion would entail. He pointed out the need for expedited review was to bring on-street parking into an expanded parking lot, and the need to rent space for the church daycare center while the expansion was undertaken. He also said if the expansion could begin in the summer, it would be at a time when the usage of the church would be less extensive.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO RECEIVE AND REFER THE PETITION TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

3c. Announcements by Council Members

Council Member Ward announced that on October 4, 2000, there would be another “Walk Our Children to School Day,” and he would bring a resolution for Council support at the next Council meeting.

Planning Director Roger Waldon explained a new feature on the Town’s website. He said there was a new Planning Department page, and on that page was a feature called Current Development Applications whereby information could be obtained by clicking on the named development application in order to see a map of the area, current zoning, and site photographs. Mr. Horton pointed out that the Transit Guide was also online. He thanked the Council for funding to allow the staff to develop these programs.

Council Member Wiggins announced a website, 3Dvillage.com, included a tour of Chapel Hill village, which she had seen announced on television.

As a courtesy to Seth Elliott, Item 5g – Response to Petition Concerning Restriping of West Cameron Avenue – was discussed at this time.

Seth Elliott, member of the Bicycle and Pedestrian Advisory Board, requested restriping on West Cameron Avenue to make it more bicycle friendly by installing a center lane for bicycle travel and eliminating the turn lanes.

Engineering Director George Small responded that there had been four alternatives discussed in a 1996 staff report:

1.      Make no changes and continue existing operations.

2.      Extend hours of operation for bicycle use in the shared parking/bicycle lane areas.

3.      Eliminate all on-street parking between the hours of 7:00 a.m. to 6:30 p.m. on weekdays.

4.      Eliminate the center turn lane areas and restripe to provide a full-time parking lane, bike lane, and travel lane in each direction.

Mr. Small said the staff believed that the report was still valid, but suggested a study of the various alternatives with statistics in order to make a judgement as to what changes, if any, should occur. He said another concern with the wide lane was that without a turn lane, cars might pass on the right and cause danger to the cyclists.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER STROM, TO PETITION THE COUNCIL TO SEND THIS ITEM BACK TO THE STAFF TO GET MORE INFORMATION ON THE RECOMMENDATIONS OF THE BICYCLE AND PEDESTRIAN COMMITTEE, TO INCLUDE TURN LANES IN SEVERAL AREAS ON CAMERON AVENUE AND WIDE LANES.

Council Member Evans suggested that it would be wiser to refer the item back to the staff for further study before deciding to change the current lanes. She felt that Cameron Avenue was used a great deal because it was a very safe area to cycle.

THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Council Member Foy said that the Bicycle and Pedestrian Advisory Board had requested that it be notified when striping was being proposed, and asked if they were receiving that information. Mr. Horton said this could be done, but he would hope that the staff would not have to wait for the Advisory Board’s approval before the staff could continue with the proposed work.

Mayor Waldorf raised the question of whether the Bicycle and Pedestrian Advisory Board thought that striping bike lanes was a good idea. She had been told by one member that they did not.  Mr. Horton suggested that the staff receive policy advice rather than operational advice from the Advisory Board, and recommended more policy advice so the issues could be addressed.

Council Member Strom said he did not think there would be any delay in the completion of the projects if the Bicycle and Pedestrian Advisory Board were advised on striping when the year’s plans were made.

Council Member Evans asked if the Council would then be asked to make a decision on where the striping should be done.

Council Member Ward said he would support giving the information to the Bicycle and Pedestrian Advisory Board as the staff was aware of projects such as striping, and when the Development Ordinance was developed this policy could be written into the ordinance.

Council Member Wiggins suggested that this matter be put onto a list for the consultant when work is started on the Development Ordinances, making sure that the Bicycle and Pedestrian Advisory Board had an opportunity to discuss its concerns.

Item 4 – Consent Agenda

Item i was pulled by Council Members Foy and Strom; item m was pulled by Council Member Bateman; and, item p was pulled by Council Members Foy and Strom.

Council Member Brown said she had some information to include with Item k that she received via email from a citizen, as follows:

Referring to Item #5:  Designate the segment of NC 54 at the intersection as a School Zone. Comment:  It is our understanding that overhead flashing lights would be installed across NC54 and flashing during morning and afternoon school crossing hours to alert drivers to the School Zone speed limit.

Referring to Item #8:  Submit a letter to the Chapel Hill-Carrboro School Board requesting that consideration, etc.  Comment:  Did the Town receive a formal response from the Chapel Hill-Carrboro School Board?  We don’t believe that Glenwood’s No Walk Zone policy constitutes a pedestrian education program.

Referring to Item #9:  Provide consistent traffic enforcement efforts at and in the vicinity of the NC54/Hamilton Road Intersection.  Comment:  During school crossing hours we have observed no enforcement of the 25 mph School Zone designation.  In fact, per 8/28 conversation with Chapel Hill police officer at the corner, the Chapel Hill police have not used radar even to sample average speeds through the intersection nor have they ever received orders to do so.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT RESOLUTION R-1 WITH ITEMS I, M, AND P REMOVED. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES

(2000-08-28/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:

This the 28^th day of August, 2000.

A RESOLUTION NOMINATING APPLICANTS TO VARIOUS ADVISORY BOARDS AND COMMISSIONS (2000-08-28/R-2)

WHEREAS, the applications for service on an advisory board or commission or other committees listed below have been received; and

WHEREAS, the applicants have been determined by the Town Clerk to be eligible to serve;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the following names are placed in nomination to serve on an advisory board or commission:

Library Board of Trustees

Norman Fieleke

Personnel Appeals Committee

Jerry Howerton

Public Arts Commission

Renee Piechocki

Rental Licensing Work Group

Carolyn Baucom

Dorothy Bernholz

Bill Bracey

Dean L. Bresciani

Joe Capowski

Barbara Evans

J. Gordon Fisher

Catherine Frank

Adam Golden

John M. Headley

Estelle Mabry

Jim Maney

Stephen J. Manton

Steve Mills

Mark R. Patmore

Velma Perry

Kathy Powell

Stormwater Utility Study Committee

Robin Vincent

This the 28^th day of August, 2000.

A RESOLUTION ADOPTING A CALENDAR OF COUNCIL MEETINGS THROUGH DECEMBER 2001  (2000-08-28/R-3)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the following calendar of Council meetings.  Meetings will be at 7 p.m. unless otherwise noted.

Remainder of 2000

2000

2001

2001

This the 28th day of August, 2000.

AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES REGARDING SPEED LIMITS (2000-08-28/O-1)

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

Section 1.  Section 21-11, “Speed regulations.”  is hereby amended by inserting the following, in appropriate alphabetical order:

            “thirty-five miles per hour:

            (w) Barbee Chapel Road from NC 54 to southern corporate limits.”

Section 2.  This ordinance shall become effective October 1, 2000.

This is the 28^th day of August, 2000.

A RESOLUTION APPROVING AN AMENDMENT TO THE TOWN’S INTERLOCAL AGREEMENT WITH THE LEAGUE OF MUNICIPALITIES FOR PROPERTY AND LIABILITY INSURANCE (2000-08-28/R-4)

WHEREAS, it is the recommendation of the Executive Committee of the Risk Management Services Board of Trustees for the Board of Directors of the North Carolina League of Municipalities to approve the amended Interlocal Risk Financing Fund of North Carolina Agreement;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the amendment to reorganize the Interlocal Agreement as follows:

            On Page 1 of the “Interlocal Agreement for a Group Risk Financing Fund for Risk Sharing”, in the first paragraph beginning with “Whereas” and appearing under the word “WITNESSETH”, the agreement is amended by striking the words “Chapter 58, Article 23 of the N. C. General Statutes, as amended” and by inserting the following words “Chapter 160A (G. S. 160A-460 through 464).”

This the 28^th day of August, 2000.

A RESOLUTION RESPONDING TO THE BOARD OF ORANGE COUNTY COMMISSIONERS’ PROPOSAL TO ESTABLISH AN INTERGOVERNMENTAL PARKS WORK GROUP (2000-08-28/R-5)

WHEREAS, the Mayor received a May 19, 2000, correspondence from the Chair of the Orange County Board of Commissioners requesting that the Council adopt a resolution establishing an Intergovernmental Parks Work Group; and

WHEREAS, the Board of Commissioners also requested that the Council appoint Chapel Hill representatives for an initial meeting in September; and

WHEREAS, the Board of Commissioners also requested that the Council authorize the Town Manager to meet with his counterparts in the County and other municipalities, for the purpose of developing a report for the October 30 Assembly of Governments meeting on ways that the County and municipalities might coordinate and synchronize capital funding for future parks; and

WHEREAS, these requests were reviewed by the Manager and the Parks and Recreation Commission;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council concurs in the establishment of an Intergovernmental Parks Work Group with one representative each from the Town’s Parks and Recreation and Greenways Commissions included, and directs the two Commissions to appoint representatives to be ready for a first meeting in September.

BE IT FURTHER RESOLVED that the Town Manager is authorized to meet with his counterparts in the County and other municipalities, for the purpose of developing a report for the October 30 Assembly of Governments meeting.  The report would address ways that the County and municipalities might coordinate capital funding for future parks, the distribution of land purchases and facilities commensurate to contributions, and the level of County funding to the Town’s Parks and Recreation Department operating budget compared to the County’s use of Town programs and facilities.

This the 28^th day of August, 2000.

A RESOLUTION APPROVING A TEMPORARY STREET CLOSING ON OCTOBER 12, 2000 AS REQUESTED BY THE UNIVERSITY OF NORTH CAROLINA (2000-08-28/R-6)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the University’s request to close the part of Cameron Avenue from Raleigh Street to South Columbia Street between 9:00 a.m. and 2:00 p.m. on October 12, 2000, subject to conditions to be set forth by the Town Manager or Manager’s designee, which may include the following:

1.  Personnel shall be on duty at the ends of the closed street areas to ensure access for Town, University and other emergency vehicles into and through the closed area if needed.

2.  The University shall designate a contact for coordination and communication with the Town regarding the street closing.

BE IT FURTHER RESOLVED that the Council authorizes the Manager to approve minor adjustments in the time and location of the requested street closing.

This the 28^th day of August, 2000.

AN ORDINANCE AMENDING SECTION 21-27 OF THE CODE OF ORDINANCES REGARDING NO PARKING AS TO PARTICULAR STREETS (2000-08-28/O-2)

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

Section 1.  Section 21-27 of the Town Code “No parking as to particular streets.” is hereby amended by inserting the following therein, in appropriate alphabetical order:

Section 2.  This ordinance shall become effective immediately upon adoption.

This is the 28^th day of August, 2000.

A RESOLUTION  REAFFIRMING THE ADOPTED FRAMEWORK FOR A COUNTY-WIDE SOLID WASTE PLAN, SPECIFYING PERCENTAGES  IN PER CAPITA WASTE REDUCTION GOALS  AND AUTHORIZING THE TOWN MANAGER TO SUBMIT THE SOLID WASTE PLAN TO THE COUNTY FOR SUMBITTAL TO THE STATE AS PART OF THE OVERALL COUNTY PLAN (2000-08-28/R-8)

WHEREAS, the Town of Chapel Hill adopted in 1997 a general waste reduction plan framework as part of its overall solid waste goals and also adopted a specific 45% per capita waste reduction goal by 2001 and 61% per capita reduction by 2006; and

WHEREAS,  the State of North Carolina requires a solid waste management plan with specific solid waste reduction goals for 2001 and 2006 and an update to those goals and plan every three years; and

WHEREAS, the Town actively participates in the County-wide waste reduction programs through promotion of drop-off and curbside recycling and provision of other recycling services; and

WHEREAS, the Town has previously adopted a solid waste management plan  framework that includes waste prevention measures, collection programs and processing methods described in attachment A to this resolution; and

WHEREAS, successful implementation of a solid waste plan that meets the waste reduction goals would also require cooperation and coordination with all the other local governments in the County and waste other generators throughout Orange County; and

WHEREAS, the Town of Chapel Hill may need to further regulate and control solid waste in order to fully accomplish the waste diversion goals;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby reaffirms the framework and goals for a solid waste management plan as adopted originally in 1997 and shown in Attachment A.

BE IT FURTHER RESOLVED that the Town of Chapel Hill continues to use  a base year of 1991-92 to calculate waste reduction against, and County-wide goals of 45% solid waste reduction per capita by 2001 and 61% reduction per capita by 2006.

BE IT FURTHER RESOLVED that the Town of Chapel Hill will continue to cooperate with other local governments in Orange County in implementing a solid waste management plan that will achieve these goals.

BE IT FURTHER RESOLVED that the Town of Chapel Hill authorizes the Town Manager to submit the solid waste plan to the County Solid Waste Management Department for inclusion with the overall, County-wide submittal to the State.

This the 28^th day of August, 2000.

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE A SUPPLEMENTAL SIDEWALK AGREEMENT FOR STATE FUNDING OF SIDEWALK CONSTRUCTION ALONG N.C. 54 (RALEIGH ROAD) BETWEEN US 15-501 (FORDHAM BOULEVARD) AND BURNING TREE DRIVE IN CHAPEL HILL.  (2000-08-28/R-9)

WHEREAS, the North Carolina Department of Transportation (Department) and the Town of Chapel Hill (Municipality) propose to enter into an agreement for the construction of sidewalks on N.C.54 (Raleigh Road) from US 15-501 (Fordham Boulevard) to Burning Tree Drive in Chapel Hill; and

WHEREAS, the Municipality agrees to design the project plans and specifications and administer the construction contract; and

WHEREAS, the Department agrees to participate in the actual construction costs for the referenced sidewalks, not to exceed $75,000.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to execute a Supplemental Sidewalk Agreement for State funding of sidewalk construction along N.C. 54 between US 15-501 and Burning Tree Drive in Chapel Hill.

This is the 28^th day of August, 2000.

A RESOLUTION AUTHORIZING EMPOWERMENT, INC. TO RENT UP TO 10% OF OFFICE SPACE IN THE MIDWAY BUSINESS CENTER TO NON-PROFIT ORGANIZATIONS (2000-8-28/R-10)

WHEREAS, the Town executed a Performance Agreement with EmPOWERment, Inc. for use of Community Development funds to develop the Midway Business Center on North Graham Street as a small business incubator; and

WHEREAS, EmPOWERment, Inc. has requested the authority to rent office space to non-profit organizations;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that EmPOWERment, Inc. is authorized to rent up to 10% of office space in the Midway Business Center to non-profit organizations.

BE IT FURTHER RESOLVED that EmPOWERment, Inc. will annually certify that 51% of the jobs created by the businesses located in the Midway Business Center must benefit lower and moderate-income individuals (individuals earning less than 80% of the area median income by household size).

BE IT FURTHER RESOLVED that the Council authorizes the Manager to amend the Town’s Performance Agreement with EmPOWERment, Inc. to include these terms. 

This the 28^th day of August, 2000.

AN ORDINANCE AMENDING THE CODE OF ORDINANCES TO CLARIFY THAT POST TOWING HEARING PROCEDURES APPLY TO VEHICLES TOWED AS HEALTH OR SAFETY HAZARDS  (2000-08-28/O-3)

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

Section 1.  Section 11-26 of the Town Code is hereby revised to read as follows:

Sec. 11-26. Junked, dilapidated vehicles.

It shall be unlawful for any person to allow or permit to remain on a lot owned, occupied or controlled by him, any exposed motor vehicle or part thereof in a junked or dilapidated condition for more than thirty (30) days after written notice by the town manager to remove same. Such notice shall not be given except upon a finding by the health department or the building inspector that such situation exists and constitutes or will be likely to constitute a health or safety hazard. Health or safety hazard as used herein shall include, but not be limited, to the accumulation of rubbish, underbrush, or weeds around said vehicle, the presence of snakes, rats or other similar animals, the accumulation of stagnant water therein so as to serve as a breeding ground for insects, or such physical conditions as may be likely to cause injury to persons coming in contact therewith.

An owner of a vehicle towed under the provisions of this section may request a hearing under Article IIIA, Chapter 21 of this Code of Ordinances

“In the event said junked or dilapidated vehicle or part thereof is not removed within said thirty (30) day period, the town manager shall have the authority to remove and dispose of same.”

Section 2.  This ordinance shall become effective upon adoption. 

This the 28^th day of August, 2000.

A RESOLUTION WAIVING PERMIT FEES FOR REPAIRS NEEDED DUE TO THE FLOOD OF JULY 23-24 (2000-08-28/R-12)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Manager is hereby authorized to issue without charge any Town permits needed for construction or other work required to repair damage arising out of the July 23-24, 2000, flooding in Chapel Hill./

This the 28^th day of August, 2000.

AN ORDINANCE AMENDING CHAPTER 21 OF THE TOWN CODE OF ORDINANCES REGARDING STOP REGULATIONS (2000-08-28/O-5)

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

              Perry Creek Drive                                 Pebble Springs Road”

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)

              Perry Creek Drive/Pebble Springs Road”

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

This is the 28^th day of August, 2000.

A RESOLUTION ACCEPTING THE DONATION OF 35 ACRES OF PROPERTY ALONG DRY CREEK (2000-08-28/R-13)

WHEREAS, the Town Council has adopted the New Hope Creek Corridor Master Plan, the Dry Creek Greenway Conceptual Plan, and the1998 Greenways Comprehensive Master Plan, all which recommend the construction of a trail along Dry Creek north of  I-40; and

WHEREAS, Eastowne Associates has offered to donate the property to the Town contingent upon the acceptance of the property into the North Carolina Conservation Tax Credit program and the Town’s agreement to pay prorated real estate taxes and any reasonable expenses related to the transfer of title; and

WHEREAS, the offered property contains biologically significant areas; and

WHEREAS, the offered property would expand the Town’s open space properties along Dry Creek; and

WHEREAS, the Town’s existing Clean Water Management Trust Fund Grant can be used to pay the costs related to transfer of the property;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby accepts the donation of 35 acres of property, identified as Chapel Hill Tax Map 7. 26..17 from Eastowne Associates, LLC.

BE IT FURTHER RESOLVED by the Council that the Manager is authorized to reimburse Eastowne Associates, LLC for all reasonable expenses related to transfer of the property including legal fees, recordation fees, and other related expenses. The Council also authorizes the Manager to pay the prorated cost of real estate taxes on the property from the date of transfer until the end of the calendar year in which the transfer takes place.

BE IT FURTHER RESOLVED by the Council that the Manager is authorized to use funds from the existing Clean Water Management Trust Fund grant to pay the costs related to transfer of the property.

BE IT FURTHER RESOLVED that the Council expresses its gratitude to Edward Pizer and Eastowne Associates for its generous donation of biologically important open space property for the enjoyment of current and future citizens of Chapel Hill.

This the 28^th day of August 2000.

A RESOLUTION AUTHORIZING DEDICATION TO OWASA OF SEWER EASEMENTS LOCATED EAST OF ERWIN ROAD AND NORTH OF ENGLEWOOD SUBDIVISION, ON LAND OWNED BY THE TOWN OF CHAPEL HILL (2000-08-28/R-14)

WHEREAS, OWASA intends to replace the existing Dry Creek pump station with an interceptor sewer line; and

WHEREAS, the Town of Chapel Hill owns property adjacent to Dry Creek that would be required for the OWASA project; and

WHEREAS, construction of the new interceptor sewer line and maintenance road would require approximately 2,098 square feet of Town owned property;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Manager is authorized to execute an Interlocal Agreement with OWASA that would acknowledge the Town’s right to construct and maintain a public access trail within OWASA easements, on Town property from Erwin Road to Providence Road.

BE IT FURTHER RESOLVED that the Town Manager is authorized to transfer to OWASA sewer easements located on Town land, north of Englewood Subdivision and east of Erwin Road, generally as shown in the attached drawings after execution of the above mentioned Interlocal Agreement acknowledging the Town’s right to build and maintain a public access trail.

This is the 28^th day of August, 2000.

A RESOLUTION ACCEPTING THE BID FOR FIVE THERMAL IMAGING CAMERAS (2000-08-28/R-15a)

WHEREAS, the Town of Chapel Hill has solicited formal bids by legal notice in The Chapel Hill News on July 16, 2000 in accordance with General Statute 143-129 for five Thermal Imaging Cameras; and

WHEREAS, the following bid was received and opened on August 28, 2000:

NOW, THERFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town accepts the bid of FLIR Systems, Inc. in the amount of $94,900 for the 5 Thermal Imaging Cameras for the Fire Department.

This the 28^th day of August, 2000.

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE A LEASE-PURCHASE CONTRACT FOR THE PURCHASE OF FIVE THERMAL IMAGINING CAMERAS FOR THE FIRE DEPARTMENT (2000-08-28/R-15b)

WHEREAS, the Town of Chapel Hill solicited and received competitive proposals from financial institutions for the lease-purchase of five thermal imaging cameras for operations of the Fire Department; and

WHEREAS, Wachovia Bank offers the lowest interest rate of 5.46% for this purchase;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to enter into a contract with Wachovia Bank on behalf of the Town for the lease-purchase of five thermal imaging cameras at a fixed interest rates of 5.46% for a four-year term.

BE IT FURTHER RESOLVED that the aforesaid contracts by and between the Town of Chapel Hill, FLIR Systems, Inc., and Wachovia, together with the amounts to be paid thereunder, be and the same are hereby designated as qualified tax-exempt obligations of the Town of Chapel Hill for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended.

BE IT FURTHER RESOLVED that the Council does not reasonably expect that the Purchaser (and any subordinate entities) will issue more than $10,000,000 in qualified tax-exempt obligations pursuant to such Sections 265(b)(3)(ii) during the current calendar year.

This the 28^th day of August, 2000.

A RESOLUTION APPROVING A PUBLIC HOUSING ASSESSMENT SYSTEM (PHAS) MANAGEMENT OPERATIONS CERTIFICATION (2000-08-28/R-16)

WHEREAS, the U.S. Department of Housing and Urban Development requires the submission of a Public Housing Assessment System (PHAS) Management Operations Certification; and

WHEREAS, the Department of Housing and Urban Development requires that the Council of the Town of Chapel Hill approve a Certification for fiscal year ending June 30, 2000;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves the Public Housing Assessment System (PHAS) Management Operations Certification, as submitted to the Council on August 28, 2000.

This the 28^th day of August, 2000.

A RESOLUTION TO AUTHORIZE REALLOCATION OF FUNDS IN THE COMMUNITY LAND TRUST IN ORANGE COUNTY ECONOMIC DEVELOPMENT INITIATIVE SPECIAL PROJECTS GRANT FOR PROPERTY ACQUISITION (2000-08-28/R-17)

WHEREAS, on behalf of the Community Land Trust in Orange County, the Town has applied for and received a $231,250 Economic Development Initiative Special Projects grant from the U.S. Department of Housing and Urban Development; and

WHEREAS, on May 22, 2000, the Council authorized the Manager to execute a Grant Agreement and related documents with the U.S. Department of Housing and Urban Development for an Economic Development Initiative Special Projects Grant, established a project ordinance, and authorized the Manager to enter into a Performance Agreement with the Land Trust for implementation of activities under this grant and related administrative tasks;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes reallocation of funds in the Community Land Trust in Orange County Economic Development Initiative Special Projects Grant for property acquisition as follows:

                                                                                    Original                        Revised

Activity                                                 Budget                         Budget

Revolving Loan Fund                                       $156,250                    $139,711.70

Administration                                     $  65,000             $  65,000.00

Property Acquisition                                           $        -0-                     $  16,538.30

Homeowner’s Emergency Loan Fund            $    5,000               $    5,000.00

Educational Campaign $    5,000 $    5,000.00

$231,250 $231,250.00

BE IT FURTHER RESOLVED that the Council authorizes the Manager to incorporate this amendment into a Performance Agreement with the Community Land Trust in Orange County.

BE IT FURTHER RESOLVED that the Council authorizes the Manager to approve future amendments to this grant that have been approved by the Board of the Community Land Trust in Orange County. 

This the 28^th day of August, 2000.

Item 5 – Information Items

Council Member Brown removed d and g (item g discussed earlier).

Item 6 – Report on July Flooding

a.       Overview of Flood Damage in Surrounding Area.

Herschel Slater, in response to the staff report on the flooding, pointed out that there were two streams, Bolin and Booker Creeks, where the flooding occurred. He pointed out on a Doppler Map, that there was not as much depth in flooding in those areas as there were in other parts of North Carolina, and he did not consider the flooding “extraordinary” as had been suggested in the report. He said he believed that a system of warning which had been developed by the National Weather System called “ALERT,” which funneled data into a computer which would automatically develop a warning for flooding, could be helpful. He asked the Council to look into this system.

Stormwater Engineer Fred Royal summed up the damages caused by the flood. He said the staff had met with the owners of Eastgate Shopping Center and made some recommendations for follow-up activities. Mr. Royal said that the Town was looking at some buy-out options in Camelot Village, which was flooded. He reported that flood damage to Town facilities occurred in some parks and streams and would need outside contract forces to help with repair. Mr. Royal said the Flood Study Update was ongoing with the help of a consultant, who had reported back to the Corps of Engineers. He said this report had to be discussed with all municipalities before a decision was made. Mr. Royal said the Stormwater Utility Study Committee had its first meeting on August 21, 2000, and there was much information to be considered. He said the Oaks I & II Subdivisions had a meeting with Town staff, elected officials and representatives from OWASA and the US Army Corps of Engineers, and it was determined that much more had to be discussed to reach long-term solutions. Mr. Royal discussed the Piney Mountain Road washout and what repairs were underway. He said there was a website for Piney Mountain Road on the Chapel Hill website, which would have weekly updates.

Mayor Waldorf pointed out that a list of the concerns from the meeting with the Oaks Subdivision representatives would be reported back to the full Council. She said she had received a call from the representative of Federal Realty, owners of Eastgate Shopping Center, to set up a meeting with the Mayor, and Mayor Waldorf asked that members of the Council and staff should also be involved in this meeting. Mayor Waldorf said she  would like the Council to authorize her to write a letter to Carrboro thanking the Town for its involvement in the Stormwater Utility Study Committee meeting and that the Council would like its continued involvement. The Council authorized the Mayor to write the letter.

Council Member Bateman asked Mr. Royal what he meant by referring to the flooding at the Food Lion as an “environmental disaster.” Mr. Royal responded that the flood waters had washed through the store taking many non-perishables out the back door into the stream. He said that Federal Realty had cleaned this up immediately.

Council Member Evans said she had a citizen ask if building a bridge across the creek on Piney Mountain Road, instead of building a culvert, had been addressed. Mr. Royal said both had been looked at, but the staff felt that rebuilding a culvert would significantly reduce flooding and improve the sidewalk.

Council Member Brown asked about the possibility of building a bridge instead of a culvert in the future for any stream crossings. Mr. Royal described a type of culvert which behaved like a bridge, but would cost less and be built more quickly than a bridge.

Council Member Brown asked if the cost was related to the design or in the actual building of the bridge. Mr. Royal said it was in both design and construction.

Council Member Brown asked how much more time it would take to build a bridge, rather than to build a culvert.  Engineering Director George Small described the type of culvert the staff was proposing, which was pre-cast, and said the cost would be significantly less in dollars and in time, about one-half. Mr. Horton said it would probably be more like a bridge.

Council Member Foy asked if there was a time estimate on the Flood Study Update. Mr. Royal said the State would be receiving funds from FEMA to do its own flood study, and one of the priorities was the Cape Fear River Basin, which Chapel Hill was part of, and the time schedule would probably be for 2001. He did not know if it would involve Town money.    

Council Member Strom asked for more information about the buy-out in Camelot Village proposed in the report and also the Stormwater Utility Study Committee.  Mr. Royal said Camelot had a repetitive loss issue which FEMA looked seriously at for buy-outs, and the local government would take over ownership if a buy-out were allowed. Mr. Horton said there was not enough information available yet for the staff to bring this issue to the Council for consideration. Mr. Royal said the Town had done a study for flood mitigation previously, and he felt that there were other areas in the Town which would benefit from such a study and some of this study could be done by the Stormwater Utility Study Committee. 

Council Member Ward asked if there had been thought given to redesigning the repairs to Umstead Park and the Greenway, so they would not wash away during future flooding. Mr. Horton said a report could be brought to the Council, but his understanding was that there was not much higher ground at Umstead Park, as it was in the flood plain. He said a different kind of foundation could be investigated.

Council Member Ward said it was his opinion that the Town should rethink replacing structures such as those, and to continue to put money into sites such as this should be rethought. He felt that some of the facilities might be moved to another location, and suggested investigating other options. Mr. Horton suggested referring this issue to the staff and the Parks and Recreation Commission.

COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER EVANS, THAT THE COUNCIL ASK THE STAFF TO REVIEW THE PARK FACILITIES AT UMSTEAD PARK AND CONSIDER WHAT ALTERNATIVES CAN BE MADE WITH REGARD TO THE CHRONICALLY FLOODED PORTION OF IT.

THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Council Member Bateman encouraged the Town and the community to support the merchants at Eastgate Shopping Center by shopping there.

Council Member Strom added a suggestion to the list proposed by Council Member Wiggins for the Development Ordinance consultant to look at. He said some legislative changes should be made to the way the Town was looking at stormwaters, by looking at 50-year storms, and the inches permitted in new development.

Council Member Wiggins suggested that emergency notification should be made to all neighborhoods for flooding. She asked the staff for more information about how weather was changing and how the Town should be responding to this. She said, as a resident of Piney Mountain Road, she wanted to thank the Town for its response to the needs of the neighborhoods, and she hoped that residents in the area now being used as alternatives would be mindful of the extra traffic, and encouraged use of the sidewalks. She urged the Town to make the best solution possible as soon as possible, and said that the affected communities were being patient.  

b.      Piney Mountain Road Repair Plan

Mr. Horton said the key point was that the Town had tried to move expeditiously and he appreciated the patience of the residents of the area, as to the affect it had on community services. He said the staff recommended that this issue be declared an emergency condition and allow an informal manner to receive bids. He said the options would be carefully considered. He asked the Council to authorize expenditures not to exceed $200,000, and the most appropriate source of funding was the Stormwater Bond Reserve. The other options would be to defer Capital Improvements, which the Council had approved to move ahead on. He did not recommend the use of Fund Balance.

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION R-18A.

Council Member Bateman asked when the staff anticipated that usage of the bridge/culvert would begin. Mr. Small said the best the staff could do would be about 60 days that they plan for it to go to bid within the next week.  He said certainly they would be able to do it within 90 days.

Mayor Waldorf pointed out that contractors are very busy and that could have an influence on the time and the cost of the project. Mr. Small said that was completely out of the Town’s control.

THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO SOLICIT INFORMAL BIDS AND TO ENTER INTO A CONTRACT FOR REPAIRING DRAINAGE AND ROADWAY INFRASTRUCTURE ON PINEY MOUNTAIN ROAD (2000-08-28/R-18a)

WHEREAS, a portion of Piney Mountain Road was washed out as a result of a severe rainstorm on the night of July 23-24, 2000; and

WHEREAS, it was necessary to close Piney Mountain Road as a result of the July 23-24, 2000 washout, thereby limiting access to and through this area of Town by residents, service vehicles, and emergency service providers; and

WHEREAS, major gas and water lines are exposed to potential damage as a result of the July 23-24, 2000 washout of Piney Mountain Road; and

WHEREAS, the Town Council considers the Piney Mountain Road situation to constitute an emergency which could affect residents’ health, safety, and welfare and which requires prompt action to reopen Piney Mountain Road as quickly as possible;

WHEREAS, the Council has determined that this repair work constitutes a "special emergency" as contemplated by N.C. General Statute Sect. 143-129(a) and therefore authorizes the Manager to proceed with the letting of a contract for said work without following the formal bid process;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to solicit informal bids and to enter into a contract for repairing drainage and roadway infrastructure on Piney Mountain Road.

BE IT FURTHER RESOLVED that the Council authorizes the Manager to utilize not more than $200,000 of 1996 Street Bond proceeds to pay for the Piney Mountain Road repair project.

This is the 28^th day of August, 2000.

Mr. Horton said the project would be done as quickly as possible, but there might be other projects which had to be deferred, but eventually they would all be finished.

Item 7 – Scope of Work and Schedule for Revising the Development Ordinance

Planning Director Roger Waldon discussed briefly the schedule proposed for adoption by the Council for revising the Development Ordinance. He said it was an aggressive schedule but he was convinced that it was workable. He encouraged the Council to continue to work on a list for the consultant to look at. He did, however, say that he did not believe striping of Cameron Avenue was an issue for the Development Ordinance, but they could be brought to the table for discussion. He felt that the issue of 50-year stormwater management for developers, instead of 25-year, would be an issue for the Design Ordinance.

Council Member Strom asked Mr. Waldon how he saw the Design Ordinances keeping up with the Development Ordinance. Mr. Waldon responded that the Stormwater Utility Study Committee was meeting actively and that might be one avenue to pursue. He thought the issues could be brought to the attention of the consultant and he might suggest where the issues could best be addressed among the ordinances.

COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER FOY, TO ADOPT RESOLUTION R-19.

Council Member Evans asked if the consultant did not meet with the Council’s expectations how would the Town deal with that. Mr. Waldon said this was built into the schedule process.

THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION APPROVING A SCOPE OF WORK AND SCHEDULE FOR REVISING CHAPEL HILL’S DEVELOPMENT ORDINANCE (2000-08-28/R-19)

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

WHEREAS the Council set an objective of revising Chapel Hill’s Development Ordinance as one means of implementing the Comprehensive Plan; and

WHEREAS the Council has selected Land Kendig, inc. to assist in the revision of the Development Ordinance; 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves a Scope of Work and Schedule for this project as outlined in a memorandum from the Town Manager, dated August 28, 2000.

This the 28^th day of August, 2000.

Item 8 – Implementation of Comprehensive Plan and Schedule to

Implement Rezoning of Undeveloped Property

Planning Director Roger Waldon said there were three items being proposed—(1) Comprehensive Plan Implementation—Zoning within the Town’s Jurisdiction; and (2) Comprehensive Plan Implementation—Joint Area Land Use Plan and Zoning. He said for the first item a public hearing was proposed for October 18, 2000, and, the second, a public hearing proposed for October 2, 2000. He said that there were a few areas which the staff was proposing to be down-zoned, such as areas outside of the Urban Services Area. Mr. Waldon said that in the third issue—Affordable Housing Initiative zoning—there were several categories of circumstances where the proposed rezoning for affordable housing would be problematic and the staff proposed that selecting properties for this rezoning initiative be that the properties selected have the following characteristics:

·        At least one acre in size;

·        Privately owned;

·        Currently undeveloped; and

·        Not currently encumbered by a Council-approved site plan.

Mayor Waldorf suggested that the resolutions referring to public hearings be dealt with first, and then the issue of affordable housing.

Council Member Strom asked how the staff came to the conclusions of the proposed rezoning classifications as noted on the maps, particularly the Smith Level Road parcel.  He said he believed it may be more appropriate to assign a RLD-5 rather than a R-1 designation in an area that we are saying should not be sewered.  Council Member Strom said it seems that going to one acre zoning per one unit in that location is asking for us to have to come in after the fact with sewer.  Regarding the Greene Tract on Map #2, Council Member Strom asked Mr. Waldon to explain the recommendation made and if there were any alternatives for the Council to consider.  Mr. Waldon responded that, regarding the parcel on Smith Level Road, the Council could consider rezoning to RLD-5 instead of R-1, either of which would work since the parcel is outside the Urban Services Boundary and is surrounded by R-1 and R-2 with RLD-5 immediately to the west.  Mr. Waldon stated that if RLD-5 was advertised for the hearing, then that would allow more flexibility at the hearing to enact a zoning category that is less restrictive than what was advertised.

Mayor Waldorf asked if Rural Transition would be appropriate to advertise as well, since it is a medium density designation.  Mr. Waldon said it could be Rural Transition, as well.   Mr. Karpinos agreed it would be appropriate to advertise that RLD-5, R-1, and RT were being considered.  The Council agreed by consensus.

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT RESOLUTION R-20A, WITH THE CONDITION THAT THE PUBLIC HEARING ADVERTISEMENT INCLUDE THAT RLD-5 ALONG WITH R-1 AND RT WERE BEING CONSIDERED, AND WITH THE GREENE TRACT REMOVED FROM THE PUBLIC HEARING DISCUSSION.

Council Member Brown asked for clarification of the area for rezoning of R-1 on Map #1.  Mr. Waldon noted it was referring only to the yellow area labeled R-1 on the map.

Council Member Evans said she was concerned with the unintended consequences of rezoning for one acre, which she considered “sprawl.”  She also said she was concerned about “spot” zoning, and opening the Town up for litigation. Mr. Waldon responded that the zoning needed to be done carefully.  He said the designation of RLD-1 was existing zoning, which grew out of the Southern Small Area Plan.

Council Member Evans pointed out that if the concerns of the Comprehensive Plan were for affordable housing, then RLD-1 would in no way encourage affordable housing. Mr. Waldon said that this was a signal to the developer that this might be an area for rezoning, but it was possible that a developer might not ask for rezoning, and build a large house on the site.

Council Member Evans asked if there was any way to address that concern. Mr. Horton said it was one of the things to add to the list for the consultant to address.

Council Member Brown pointed out that this was on the Southern Small Area Plan, and had to be looked at as part of the whole scheme.

Mr. Waldon, responding to the questions of alternatives for the Greene Tract, pointed out that the zoning change was implementing the Council’s directions, pointing out the various spots on Map #2.

Council Member Strom said he would like to see the Greene Tract with a park/open space designation, rather than be zoned R-1. He asked what the zoning would be for park/open space. Mr. Waldon said there was no zoning category for park/open space. He said what the Council might want to consider was the lowest density category, which was RLD-5.  He said they might want to advertise the area as several different categories of zoning for purposes of the public hearing.

Council Member Brown said the dilemma was that if it were advertised as a park, there was a possibility that it might not remain as open space for untouched land. Mr. Horton said the challenge was to decide what the ultimate use of the land should be and what it should be for the greatest benefit of the community. He felt that RLD-5 would be the best holding zone.

Council Member Brown suggested holding off on the designation until the three parties who owned the land agreed upon what it wanted the land to be.

Council Member Foy agreed with Council Member Brown to leave it as RT.

THE MOTION WAS ADOPTED UNANIMOUSLY (9-0) WITH THE CONDITION THAT THE PUBLIC HEARING ADVERTISEMENT INCLUDE THAT RLD-5 ALONG WITH R-1 AND RT WERE BEING CONSIDERED, AND WITH THE GREENE TRACT REMOVED FROM THE PUBLIC HEARING DISCUSSION.

A RESOLUTION CALLING A PUBLIC HEARING ON ZONING CHANGES BASED ON THE TOWN’S 2000 LAND USE PLAN (2000-08-28/R-20a)

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

WHEREAS, the Comprehensive Plan Action Strategy includes modifying zoning to be consistent with the new Land Use Plan;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby calls a public hearing on Wednesday, October 18, 2000, at 7 p.m. in the Council Chamber, Town Hall, 306 North Columbia Street, to consider zoning changes based on the 2000 Land Use Plan as identified on Map 1.

This the 28^th day of August, 2000.

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT RESOLUTION R-20b, WITH THE SAME DESIGNATION AS RESOLUTION R-20a.

Council Member Brown questioned the designation of the area for open space. Mr. Waldon said open space could not be designated with a zoning category.

Council Member Brown said there were still several questions about the rezoning and she hoped there would be a good turnout at the public hearing for some specific questions.

THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION REQUESTING THE ORANGE COUNTY BOARD OF COMMISSIONES TO SCHEDULE ITEMS RELATED TO THE TOWN OF CHAPEL HILL COMPREHENSIVE PLAN FOR JOINT PLANNING PUBLIC HEARING (2000-08-28/R-20b)

WHEREAS, on May 8, 2000, the Chapel Hill Town Council adopted a new Comprehensive Plan for Chapel Hill, including an updated Land Use Plan; and

WHEREAS, the Town of Chapel Hill participates with Orange County and the Town of Carrboro in the Joint Planning Agreement;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Council requests the Orange County Board of Commissioners schedule the following items for consideration at the October 2, 2000 Joint Planning Public Hearing:

·                    Incorporation of Chapel Hill’s 2000 Land Use Plan into the Joint Planning Land Use Plan for Transition Areas; and

·                    Zoning changes to carry out the Land Use Plan as identified on Map 2.

This the 28^th day of August, 2000.

Mayor Waldorf asked if it really was worth the discussion to rezone an area only one acre in size, and if the Town should be looking for something larger in size.

Council Member Strom asked Mr. Waldon what was the thinking in eliminating publicly owned property and individual lots in subdivisions or other developments approved by the Town Council, where construction of a dwelling(s) was anticipated but has not yet occurred. Mr. Waldon explained that there were developments where the Council had already said what the development should be, but some lots remained undeveloped, and it would not work to return and rezone a single parcel. He said that parcels coming before the Council would most likely be privately owned rather than publicly owned.

Council Member Brown asked Mr. Waldon if there had been a map showing undeveloped land. Mr. Waldon responded that there was a map showing undeveloped land and underdeveloped land. Mr. Horton said the term, instead of “underdeveloped land,” was referred to as “land with one house and at least three acres.” He said the staff intended to bring the Council a map based on this set of criteria.

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO INSTRUCT THE STAFF TO FOLLOW THE CRITERION AS LISTED IN THE MEMO REGARDING UNDERDEVELOPED LOTS, BUT REPLACING ONE ACRE WITH THREE ACRES IN THE FIRST BULLET.

Council Member Evans asked if lots with three acres and only one unit on them could be included. Mr. Horton said that could be done.

THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 9 – Calling a Public Hearing for Development Ordinance Text Amendment

and Response to Bicycle and Pedestrian Advisory Board Petition to Create

New Liaison on Design Commission

Mr. Horton explained that this was a policy decision in response to a petition by the Bicycle and Pedestrian Advisory Board to participate in the work of the Community Design Commission. The public hearing would call for:

·        Creating a new liaison position for the Bicycle and Pedestrian Advisory Board on the Design Commission; or

·        An overall revision to the Design Commission liaison positions.

or, alternatively, would call for Council to direct the Manager to establish an informal non-voting liaison role for the Bicycle and Pedestrian Advisory Board on the Design Commission.

COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER FOY, TO ADOPT RESOLUTION R-21a IN SUPPORT OF THE BICYCLE AND PEDESTRIAN ADVISORY BOARD’S PETITION TO CREATE A NEW LIAISON POSITION ON THE COMMUNITY DESIGN COMMISSION WITH VOTING PRIVILEGES. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION CALLING A PUBLIC HEARING TO CONSIDER CHANGING THE LIAISON RELATIONSHIPS FOR THE COMMUNITY DESIGN COMMISSION IN THE DEVELOPMENT ORDINANCE (2000-08-28/R-21a)

WHEREAS, the Chapel Hill Town Council has received a petition from the Bicycle and Pedestrian Advisory Board's desire to participate in the work of the Community Design Commission; and

WHEREAS, the Town Council has indicated a desire to consider changing the liaison relationships for the Community Design Commission to be:

Select Option:

·        Create a New Liaison Position for the Bicycle and Pedestrian Board on the Design Commission;

·        Overall revision to the Design Commission Liaison Positions.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby calls a Public Hearing for Monday, November 20, 2000 to consider the proposed amendment to the Development Ordinance.

This the 28th day of August, 2000.

Item 10 – Board Appointments

a.       Appointments to the Airport Advisory Board.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT RESOLUTION R-22, TO NOMINATE COUNCIL MEMBER EDITH WIGGINS AND FRED BLACK TO THE AIRPORT ADVISORY BOARD, WITH AMENDMENT TO REPLACE THE WORD “RENOMINATE” WITH THE WORD “REAPPOINT.” THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION TO RENOMINATE MEMBERS TO THE HORACE WILLIAMS AIRPORT ADVISORY BOARD (2000-08-28/R-22)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby renominates Council Member Edith Wiggins and Mr. Fred Black as the Town’s representatives to the Horace Williams Airport Advisory Board.

This the 28^th day of August, 2000.

Item 11 – Petitions

a.   By the Mayor and Council Members.

1.      Bus stops on 15-501 at Eastowne and Blue Cross and Blue Shield.

Mayor Waldorf asked the Council to consider asking the staff to assess whether the Town should and could move the TTA and Chapel Hill transit at Pinegate Apartments to 15-501, citing the attached letters to the memo.

Mayor Waldorf asked Council Member Foy if he had any comments to make on the Mayor’s petition. Council Member Foy said he thought elimination of fifteen minutes from the route would be a good idea.

Mayor Waldorf read a letter from Linda Convissor suggesting other changes to routes.

Mr. Horton said it would take a while to assess the issue, since there was not yet a Transportation Director on board, but the staff would be pleased to look into the matter.

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO RECEIVE AND REFER THE PETITION TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Mayor Waldorf asked the Council if they wished to ask the staff to look into the issue of changing of labeling for Standard Metropolitan Statistical Areas. The Council agreed to ask the staff to look into the significance. She said there was a comment period which will end on October 6.

COUNCIL MEMBER BATEMAN MOVED, SECONDED BY COUNCIL MEMBER FOY, TO APPOINT COUNCIL MEMBER BILL STROM AS COUNCIL LIAISON TO THE STORMWATER UTILITY STUDY COMMITTEE. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 12 – Items Removed from Consent Agenda and Information Reports

 4i.  Proposal to Sell Town Land Adjacent to the Bolin Creek Trail

Council Member Foy asked if the Town sold the 0.4-acre tract to the property owners of the Café Driade, could they build an office building now and, if so, how did the sizes of the office building change with the increase of the one-half acre. Mr. Horton said the staff would be glad to get the information for Council Member Foy.

Council Member Foy asked what was meant by “other activities” in the fourth bullet on page 2 of the memo. Mr. Horton responded that he could not imagine, but maybe walking might be permitted.

4m.  Program for Northeast Gateway Competition

Council Member Bateman suggested adding to the process outlined that the public be given a chance for input at a very early stage of the designs. Mr. Horton said the staff believed it would be very feasible and worthwhile to schedule an opportunity for the public to have an opportunity to review all the submittals at an information forum and file comments for consideration by the jury and the Council. He said, in addition, there would be an opportunity for anyone to comment at the time that the Council was considering these submittals. Mr. Horton said the staff would send announcements to each of the addresses in the areas directly concerned with the proposal and all of the property owners, and the proposals would be advertised.

COUNCIL MEMBER BATEMAN MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION R-11. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ADOPTING A PROGRAM STATEMENT FOR THE NORTHEAST GATEWAY DESIGN COMPETITION (2000-08-28/R-11)

WHEREAS, the Chapel Hill Town Council has initiated a Design Competition, as described in a memorandum dated June 26, 2000;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves the “Program Statement” as submitted to the Council on August 28, 2000, for use in the Competition as instructions to designers about the Council’s objectives for development in this Northeast Gateway area.

This the 28^th day of August, 2000.

4p.  Franchise for Business Telecom, Inc. (BTI) – First Reading

Council Member Foy asked what the Town’s overall rights were with regard to the Business Telecom, Inc. franchise. Mr. Karpinos said, in his view, the Town cannot, under the statutes and ordinances, require them to get a franchise from the Town in order to provide service and use the public right-of-way. He said the Town had asked BTI to make the application, and as long as they receive a State franchise and pay a franchise fee to the State.  Mr. Karpinos said the Town is allowed to require a franchise and to establish a franchise relationship.

Council Member Foy asked if the Town would give the franchise to both BTI and Time-Warner or to just one. Mr. Karpinos said this franchise was just for telecommunication services, and a separate franchise would be necessary for cable.

Council Member Evans asked when was the appropriate time to address the fact that people using BTI in Meadowmont were not listed in the Chapel Hill telephone book.

Bruce Bullock, Associate General Counsel for BTI, said there was a process in place to get the names in the telephone book and the company could work through these issues with BellSouth.  Council Member Bateman urged Mr. Bullock to be sure that these issues were resolved so there would not be any problems, such as there previously had been with residents straddling two counties.

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT ORDINANCE O-4. THE MOTION WAS ADOPTED UNANIMOUSLY ON FIRST READING (9-0).

AN ORDINANCE GRANTING A FRANCHISE TO BUSINESS TELECOM, INC., TO PROVIDE TELEPHONE SERVICES IN THE TOWN OF CHAPEL HILL (2000-08-28/O-4)

BE IT ORDAINED by the Town Council of Chapel Hill that the Council hereby grants a franchise to Business Telecom, Inc. (BTI) to operate a telephone system in the Town subject to the following conditions:

Scope of Services

The company may provide the following services:

Telephone and Personal Communications Services, including cellular telephone services pursuant to authority granted by the Federal Communications Commission.

This franchise does not authorize the company to provide cable television or video services, for which a separate franchise could be requested.  This franchise does not authorize placement of public use telephones on Town property or public right-of-way.

Relocation Of Equipment

Any of the company's equipment which may be located in public right-of-way or other Town property shall be subject upon 180 days' written notice by the Town to removal or relocation at the company's sole expense to other place(s) satisfactory to the Town Manager; provided that places satisfactory to the Town Manager are available within such period and will not result in a material adverse affect on the quality of company's telephone service provided to the Town; otherwise, such time period shall be extended as reasonably necessary for the company to find an adequate relocation site, provided, however, that the Town Council approves a separate lease agreement.

Subject to the time frames referenced in the preceding paragraph, removal or relocation may also be required by the Town due to street or utility improvements in general, due to public health and safety problems upon a determination by the Town or for other just and reasonable cause as may be determined by the Town. 

Upon the Town's determination of an emergency need to remove equipment, such removal shall occur within the time period determined reasonably necessary by the Town after consultation with the company.  Emergency needs are not subject to the time limits stated above.

Disturbance of Property within a Right-of-Way; Inspections

Any disturbance of property within or affecting a public right-of-way, as may be necessary for the installation and/or connection of services by the franchisee, must receive prior approval of the Town Manager or Manager's designee and shall be subject to inspection and approval by the Town as provided by Chapter 17, Article IV of the Town Code of Ordinances.   The franchisee shall notify the Town Manager’s office 24 hours in advance of the start of any construction that will damage any existing public street or significantly obstruct the flow of traffic.

Term of Franchise

The term of the franchise shall be 20 years from acceptance by the franchisee, with the possibility of renewal subject to filing of a renewal application at least one year before the franchise expiration.

Letter of Credit, Fees and Taxes

The company shall maintain a letter of credit in the amount of $50,000, or a guarantee of company's general partner, acceptable to the Town Manager, with the required amount to be replenished as necessary to maintain the required balance at all times to ensure compliance with all applicable State or local laws, ordinances and regulations and directives of the Town, with terms of the franchise and to ensure payment of any applicable fees and taxes due to the Town.  So long as the company is subject to and does pay the state franchise tax imposed pursuant to N.C.G.S. §105-120, the Town shall not, and does not currently, charge a license, privilege or franchise tax on the company, which is not authorized by law and applicable to other similar businesses.  Should the Town seek to impose a fee or tax on the company in the future, the company shall have not less than 120 days’ notice prior to the effective date of such fee or tax, and shall have the right to terminate the franchise provided that it shall remove its equipment from the Town property or public right-of-way within 60 days of termination.

Insurance and Indemnification of the Town

The company shall maintain general liability insurance naming the Town as an additional insured party and in a form satisfactory to the Manager.  General liability coverage shall be in the amount of at least $1,000,000.

The company shall be required, by acceptance of the terms and conditions of this franchise, to indemnify the Town from all damages that may arise in connection with the company's actions and omissions and to defend the Town at the company's sole expense against any claims in connection with the company's actions and omissions.

Compliance with All Applicable Laws, Ordinances and Regulations

The company shall comply with Town ordinances, construction codes, other policies adopted by the Council, administrative regulations issued pursuant to Council action or policy, with directives of the Town that may be issued under the franchise ordinance terms or general law, provided that such policies, directives, codes, and regulations are consistent with State and Federal laws and regulations, and with all applicable State and federal laws and regulations, including any requirement for State right-of-way encroachment agreements, etc.  Failure to comply shall be grounds for revoking the franchise.

Acceptance of Franchise Terms

The company shall, within 60 days of adoption of this franchise ordinance on second reading, accept all terms and conditions of the franchise ordinance.

Revocation Procedure

If the franchise is revoked by the Council for failure to comply with any term or condition of this franchise, the company shall cease utilizing its facilities located on Town property or public right-of-way within 120 days of receiving notice of revocation and remove its equipment from public right-of-way within 180 days.  Upon the company's failure to do so, the Town shall have the right to remove the equipment and to draw funds from the letter of credit or to call upon the guarantee to cover such costs.

Before a decision to revoke the franchise, the Council shall adopt a resolution of intent to revoke the franchise with a statement of the reasons for revocation and shall cause a copy of the resolution to be delivered or mailed by first class mail to the company.  The company shall have 30 days from receipt of the resolution to respond in writing to the Council's resolution of intent to revoke.

Transfer Of Ownership

A change or changes in ownership of the franchisee cumulatively totaling a 25% or greater interest in the company shall be subject to review and reasonable approval by the Town Council within 120 days of receipt by the Town Manager of a request from the company for review of such a change(s) in ownership.  In the event the Town Council reviews and, for good cause duly substantiated, objects to the change in ownership, it shall have the authority to revoke the Franchise in accordance with the procedure set forth in the preceding paragraph.

This the 28^th day of August, 2000.  (FIRST READING)

5d. Annual Report – Resource Conservation District Activity (RCD)

Council Member Brown said she would like to have a clearer idea of the meaning of the terminology; wanted to look at the affect of the variances granted, especially as it related to the RCD; wanted to have alternatives to roads and road areas that could be used. She said she wanted to continue an annual report process, and suggested that it could be part of the Development Ordinance rewrite.

Council Member Foy said this report did not indicate that there have been no variances requested or granted in the RCD in the past year.

Council Member Brown suggested that this issue be part of an agenda item. Mr. Horton said this issue should be part of the Development Ordinance rewrite, to identify fundamental concerns and the staff could put the concerns of Council Member Brown into draft form for the rewrite.  The Council agreed.

Council Member Foy petitioned that the Council ask the staff to investigate, regarding CP&L, what actions the Town might take in the event of a nuclear accident. The Council accepted this petition.

The meeting adjourned at 10:05 p.m.