SUMMARY MINUTES OF A REGULAR BUSINESS MEETING
OF THE CHAPEL HILL TOWN COUNCIL
WEDNESDAY, OCTOBER 11, 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, Bill Strom, Jim Ward, and Edith Wiggins. Council Member Kevin Foy was absent, excused. Mayor pro tem Lee Pavão was absent, excused.
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, Engineering Director George Small, Library Director Kathy Thompson, and Town Clerk Joyce Smith.
Item 1 – Ceremonies (none)
Item 2 – Public Hearing: Tau Epsilon Phi (TEP) Fraternity House –
Application for Special Use Permit Modification
Planning Director Roger Waldon briefly summed up the unusual circumstances to the Special Use Permit Modification filed by GGA Architects on behalf of the Omega Chapter of the Tau Epsilon Phi, Inc. He referred to the site map and said that a Special Use Permit (SUP) had been approved by the Council on June 12, 2000. Mr. Waldon said that the fraternity subsequently requested that a condition of the SUP be changed from 20 residents to a maximum of 30. He stated if the Council approved this modification it would have to adopt a resolution defining “contiguous property.” Mr. Waldon also pointed out that the Council had added a stipulation which extended the sidewalk in both directions on Rosemary Street, and he apologized because that stipulation did not get into the packet which the Council received this evening. He said the four Boards reviewing this modification recommended approval, but there were additional comments:
· Planning Board recommended deleting stipulation #13, the use of heavy duty pavement, and
· Transportation Board recommended having two bike racks on the site instead of one six-bike rack.
Mr. Waldon said the staff recommended that the Council approve the request for modification of the SUP, and, that it do so this evening.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT RESOLUTION R-2c DEFINING CONTIGUOUS PROPERTY AS “ADJACENT TO” THE PROPERTY. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).
A RESOLUTION DETERMINING CONTIGUOUS PROPERTY WITH RESPECT TO THE SPECIAL USE PERMIT APPLICATION FOR THE TAU EPSILON PHI (TEP) FRATERNITY HOUSE (2000-10-11/R-2c)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council, having considered the evidence submitted in the Public Hearing thus far pertaining to the application for Special Use Permit for the Tau Epsilon Phi (TEP) Fraternity House, hereby determines, for purposes of Development Ordinance Section 18.3, Finding of Fact c), contiguous property to the site of the development proposed by this Special Use Permit application to be that property described as follows:
All properties adjacent to the site.
This the 11th day of October, 2000.
Aaron Nelson, spokesperson for the TEP Fraternity, thanked the Town Staff, and encouraged the Council to strike stipulation #13. He asked if the Fraternity would need another Certificate of Appropriateness from the Historic District Commission. Mr. Waldon said the current one stood.
Mr. Nelson noted stipulation #12, saying that Orange County had told the Fraternity that it did not need an agreement between the Sorority and themselves, they simply had to restate their statement onto their plat at Orange County saying that they agreed, permanently as a property, to always share the containers and access with the neighbors. Mr. Waldon said that, after discussion with the Town’s and County’s waste removal departments, it had been stated that a note on the plan would be sufficient. Mr. Nelson said they would put a note on the plan stating that the Fraternity would not hold either the Town or the County responsible for any damage to its property. Mr. Horton said a unilateral statement would be acceptable, and the language in the stipulation would be changed.
Council Member Bateman asked if there was a difference whether the Council voted this evening or at the next Council meeting. Mr. Nelson said the sooner this project could be approved, the better it would be for the Fraternity with regard to bank loans, and with the knowledge that the modification would be approved before the bank loan of one million dollars was borrowed.
Council Member Ward asked where the bike parking lots were in Resolution A. Mr. Nelson replied that they were located outside the kitchen door, indicating them on the site map. Mr. Horton said it was recommended by one of the Boards and the staff had no objection to the location, the additional rack was not mentioned in Resolution A, as the recommendation came late.
Council Member Ward recommended three additional covered spots for bicycles, rather than the addition of nine. Mr. Nelson said the standard plant of a bicycle rack held six.
Mayor Waldorf asked Mr. Nelson if he had a preference for the number of bike racks required. Mr. Nelson said the preference would be to remain at six, more would require a separate location.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADJOURN THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER BATEMAN, TO ADOPT RESOLUTION A, DELETING STIPULATION #13, REWORDING STIPULATION #12, AS WORDED BY THE APPLICANT AND THE STAFF, AND ADDING REWORDING OF STIPULATION #5 REGARDING SIDEWALKS.
Mr. Karpinos reworded stipulation #12 to read, “that a note be placed on a plat to be recorded providing that the owner of the adjoining site (currently the Kappa Delta Sorority site) shall have the right in perpetuity to access to and use of a shared recycling and refuse facilities on this site.”
Mr. Waldon reworded the stipulation regarding sidewalks to read, “that brick sidewalk be extended to connect with the adjoining sidewalk to the east and west in front of the property.” He said the stipulation would come after the bicycle stipulation.
Council Member Ward requested a “friendly” amendment that the stipulation for the number of bike racks be increased from six to nine. This was acceptable to the mover and seconder.
THE MOTION, AS AMENDED, WAS ADOPTED UNANIMOUSLY (7-0).
A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE TAU EPSILON PHI (TEP) FRATERNITY HOUSE (2000-10-11/R-2a)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by GGA Architects on property identified as Chapel Hill Township Tax Map 80, Block E, Lot 6, and PIN # 9788-48-6120, if developed according to the site plan dated April 3, 2000, and conditions listed below, would:
1. Be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;
2. Comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Articles 12, 13, and 14, and with all other applicable regulations;
3. Be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and
4. Conform with the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.
BE IT FURTHER RESOLVED by the Town Council of Chapel Hill that it finds, in this particular case, that the following modifications satisfy public purposes to an equivalent or greater degree:
1. Modification of Subsection 13.1.11 Use Group B, of the Development Ordinance to allow a total of 8,971 square feet of floor area on the site (a Floor Area Ratio of .576).
2. Modification of Subsection 13.1.11 Use Group B, of the Development Ordinance to allow a total of 10,962 square feet of outdoor space on the site (an Outdoor Space Ratio of .70).
3. Modification of Subsection 13.1.11 Use Group B, of the Development Ordinance to allow a Front Street Setback of 14 feet.
4. Modification of Subsection 13.1.11 Use Group B, of the Development Ordinance to allow a Western Interior Setback of 2 feet.
5. Modification of Subsection 14.12 to allow the existing alternative buffers on all four edges of the site, in lieu of the required landscape bufferyards.
6. Modification of Subsection 14.6.6 (a) to allow the existing parking facilities to be adjacent to the exterior wall of the house (rather than providing a five-foot landscaped strip).
7. Modification of Subsection 14.6.6 (d) to allow 1,448 (34.2%) of the parking areas on the site to be shaded with vegetation.
8. Modification of Subsection 14.6.7 to allow a total of 12 parking spaces on the site.
9. Modification of Subsection 14.10 to allow an existing overhead utility line on the site to remain aboveground.
Said public purposes being the (1) provision of a renovated development that complies with the Town’s fire safety codes (including the addition of a sprinkler system, improvements to exterior fire stairwells, and better internal circulation and access to 2nd and 3rd floor exterior stairwells), (2) the provision of safer ingress and egress to the site, (3) the improvement to an aging structure that provides needed student housing close to campus, and (4) the provision of an architecturally integrated structure that better reflects the character of the Franklin/Rosemary Historic District as a whole.
BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit for the Tau Epsilon Phi (TEP) Fraternity House in accordance with the plans listed above and with the conditions listed below:
Stipulations Specific to the Development
1. That construction begin by October 11, 2002 and be completed by October 11, 2003.
2. Land Use Intensity: This Special Use Permit authorizes a 989 square foot addition to the existing Tau Epsilon Phi (TEP) Fraternity House, including interior and exterior renovations; a maximum of 30 on-site residents; the reduction from 16 to 12 parking spaces; and the installation of a back-in bay that will provide the opportunity for vehicles to drive forward when exiting the site.
3. Parking: That only 12 parking spaces shall be permitted on this site. Parking space C13 as denoted on the plans dated April 3, 2000, shall be removed and replaced with appropriate landscaping.
4. Bicycle Racks: That the bicycle parking for 9 bicycles be secure, covered and illuminated.
5. Sidewalks: That a brick sidewalk be extended to connect with the adjoining sidewalk to the east and west in front of the property.
Stipulations Related to Landscape Elements
6. Landscape Plan Approval: That a detailed Landscape Plan and Landscape Maintenance Plan shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
7. Landscape Protection Plan: That a detailed Landscape Protection Plan shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
Stipulations Related to Utilities
8. Utility/Lighting Plan Approval: That the final utility/lighting plan be approved by Orange Water and Sewer Authority (OWASA), Duke Power Company, BellSouth, Public Service Company, and the Town Manager before issuance of a Zoning Compliance Permit.
Stipulations Related to Fire Protection/Fire Safety
9. Fire Flow: That a fire flow report prepared by a registered professional engineer, showing that flows meet the minimum requirements of the Design Manual, be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
10. Sprinkler System: That the building shall have a sprinkler system in accordance with Town Code, which shall be approved by the Town Manager.
11. Sprinkler System Connections: That a Fire Department sprinkler system connection shall be provided on the East Rosemary Street side of the building, and approved by the Town Manager, prior to the issuance of a Building Permit.
Stipulations Related to Refuse and Recycling Collection
12. Solid Waste Management Plan: That a Solid Waste Management Plan, including provisions for recycling and for the management and minimizing of construction debris, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
13. Approval of Shared-Container and Joint Access Agreements: That a shared-container and joint access agreement be provided between this site and the adjacent Kappa Delta Sorority site, and shall be approved by the Town and recorded at the Orange County Register of Deeds Office; that a note be placed on a plat to be recorded providing that the owner of the adjoining site (currently the Kappa Delta Sorority site) shall have the right in perpetuity access to and use of a shared recycling and refuse facilities on this site; and, that copies of these agreements be submitted to the Town of Chapel Hill prior to the issuance of a Zoning Compliance Permit
14. Historic District Commission Approval: That the Historic District Commission shall approve the building elevations and the lighting plan for the site, prior to the issuance of a Zoning Compliance Permit.
15. Certificates of Occupancy: That no Certificates of Occupancy shall be issued until all required public improvements are complete, and that a note to this effect shall be placed on the final plat.
16. Detailed Plans: That the final detailed site plan, grading plan, utility/lighting plans, and landscape plans shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit, and that such plans shall conform to the plans approved by this application and demonstrate compliance with all applicable conditions and design standards of the Development Ordinance and Design Manual.
17. Silt Control: That the applicant take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.
18. 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 telephone number; and a telephone number for regulatory information at the time of issuance of a Zoning Compliance Permit. The construction sign may have a maximum of 16 square feet of display area and may not exceed 6 feet in height. The sign shall be non-illuminated, and shall consist of light letters on a dark background.
19. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
20. 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 Special Use Permit for the Tau Epsilon Phi Fraternity House.
This the 11th day of October, 2000.
3.b.1. Petition from Catherine Canzanella regarding use of a Library room for her Investment Club meetings.
COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER BATEMAN, TO RECEIVE AND REFER THIS PETITION TO THE MANAGER.
Council Member Bateman said she would like some clarification for use of the Library room.
THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).
3.b.2. Petition from Wesley Everett regarding a Sidewalk Project on Ransom Street.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO RECEIVE AND REFER THIS PETITION TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).
3.b.3. Petition from the Brookwood Condominiums Owners Association, regarding safety for residents of Brookwood and other pedestrians.
Jean Spearman Becker, a resident of Estes Drive, presented the petition requesting that a traffic light be installed at the entrance of Brookwood Condominiums and Estes Drive, because it was not safe to cross the road there. She said a resident of Brookwood, Jonas Kessing, had been killed at that spot during a recent flood, because a driver’s car had hydroplaned into Mr. Kessing. Ms. Becker requested that a large puddle area on the road be corrected so that cars would not hydroplane there. She said they also petitioned that the light, which was not operating at the time of the accident, be repaired (it has since been repaired). Ms. Becker said Captain Johnson of the Chapel Hill Police Department had given her several alternative suggestions for safety, instead of a traffic light, and she asked the Council to look into the matter. She added that a caution light would be the preference, if the North Carolina Department of Transportation (NCDOT) did not approve a traffic light.
COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO RECEIVE AND REFER THIS PETITION TO THE MANAGER.
Council Member Ward said he would strongly recommend that the Town do all it could to make the area safer for the pedestrians, including a pedestrian-activated light. He said it was an area of great danger for people walking.
Council Member Brown asked the Engineering staff to look into correcting the water which collected into a pool at the entrance to Brookwood Condominiums.
Mayor Waldorf felt this would be a good time to get some action from the NCDOT concerning pedestrian safety. She said Secretary McCoy would be holding a conference in October regarding pedestrian safety.
THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).
3.b.4 Evelyn Gordan, Bicycle and Pedestrian Advisory Board
Ms. Gordan thanked Council Member Ward for adding more bicycle racks to the Resolution regarding the TEP Fraternity. She said the Advisory Board’s petition for repairs to the stormwater drainage grates, requested that the Council:
· Send a letter to the NCDOT noting the identified problems with the sunken grates, and asking for satisfactory reparation, to their own standards, of these hazards.
· Engage other municipalities in a discussion to determine if this kind of shoddy workmanship is the norm across the state, and if so bring this to the attention of the NCDOT and the media.
· Send a letter outlining these problems to our state senators and representatives, and to the appropriate General Assembly committees with oversight of the NCDOT.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, THAT THE PETITION BE RECEIVED AND REFERRED TO THE MANAGER, WITH THE RECOMMENDATION THAT THE STAFF INVESTIGATE THE LAWS REGARDING THE STORMWATER DRAINAGE REPAIRS, AND WRITE LETTERS RECOMMENDED BY THE BICYCLE AND PEDESTRIAN ADVISORY BOARD.
Council Member Strom thanked the Advisory Board for bringing the petition to the Council because there was a significant hazard to bike riding. He asked those who would be attending the North Carolina League of Municipalities meeting the next weekend, to discuss with the other municipalities what action they had or would be taking regarding these hazards.
THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).
3.b.5 Jeff Davidson
Mr. Davidson petitioned the Council to ban the use of cell phones by drivers in moving cars. He cited examples of cities which had banned their use, and distributed articles on the subject to the Council.
COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER WARD, TO RECEIVE AND REFER THIS PETITION TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).
Council Member Brown announced that the Triangle Tour of Solar Homes would be held on October 14 from 9-11:00 a.m. She stated that the tour registration would be in Pittsboro at the new Rural Advancement Foundation International Building, itself called a “green building.,” using recycled, renewable, and reused construction materials.
Council Member Wiggins asked for an update on the repairs to the Piney Mountain Bridge. Mr. Horton responded that the engineering was finished, the construction drawings and specifications were finished, and the bidding date had been postponed until October 18, 2000 in the hope of getting a larger number of bids. After the construction firm is chosen, he said the construction could hopefully be done in about 30 days. He said one of the considerations for choosing the firm would be how fast the job could be completed.
Council Member Brown removed 4a.
Council Member Strom removed 4g.
Council agreed to deal with those items presently, rather than waiting until the end of the meeting.
COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 1 WITH 4A AND 4G REMOVED. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).
A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES
(2000-10-11/R-1)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the following minutes, resolutions and ordinances as submitted by the Town Manager in regard to the following:
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b. |
Budget Amendment for 15-501 Major Investment Study (O-1). |
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c. |
Budget Ordinance for Walk Our Children to School Day (O-2). |
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d. |
Transmittal of Shaping Orange County’s Future Implications Report (R-4). |
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e. |
Library Budget Amendment (O-3). |
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f. |
Nomination for the Bicycle and Pedestrian Advisory Board (R-4.1). |
This the 11th day of October, 2000.
AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2000 (2000-10-11/O-1)
BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled “An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 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 1,836,990 50,000 1,886,990
ARTICLE II
Current Revised
REVENUES Budget Increase Decrease Budget
CAPITAL
IMPROVEMENTS FUND 1,836,990 50,000 1,886,990
This the 11th day of October, 2000.
AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2000 (2000-10-11/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
GENERAL FUND
Non-Departmental
Contingency 49,277 500 48,777
Council 192,602 500 193,102
This the 11th day of October, 2000.
A RESOLUTION TRANSMITTING COMMENTS TO THE SHAPING ORANGE COUNTY’S FUTURE STEERING COMMITTEE (2000-10-11/R-4)
WHEREAS, on April 11, 2000 the Shaping Orange County’s Future Task Force submitted a report to the Town Council, called “Provisional Report and Recommendations”; and
WHEREAS, the Town Council solicited advisory board comments in June, 2000 and held a public hearing on September 18, 2000 on the Provisional Report;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby transmits to the Shaping Orange County’s Future Task Force for consideration:
· Chapel Hill Staff Addendum to Orange County Preliminary Staff Evaluation: Implications of the Shaping Orange County’s Future Provisional Report and Recommendations;
· Chapel Hill Advisory Board Comments on the Provisional Report; and
· Summary of Comments at Town of Chapel Hill September 18, 2000 Public Hearing.
This the 11th day of October, 2000.
AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2000 (2000-10-11/O-3)
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
LIBRARY GIFT FUND 36,000 20,000 56,000
ARTICLE II
Current Revised
REVENUES Budget Increase Decrease Budget
LIBRARY GIFT FUND
Fund Balance 0 20,000 20,000
This the 11th day of October, 2000.
A RESOLUTION NOMINATING AN APPLICANT TO THE BICYCLE AND PEDESTRIAN ADVISORY BOARD (2000-10-11/R-4.1)
WHEREAS, the application for service on an advisory board has been received; and
WHEREAS, the applicant has 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 name is placed in nomination to serve on an advisory board or commission;
Stephen Shrewsbury
This the 11th day of October, 2000.
Item 4a.
COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER BROWN, THE ADOPTION OF RESOLUTION 3.
COUNCIL MEMBER BROWN RECOMMENDED TWO ADDITIONS AS A FRIENDLY AMENDMENT:
“BE IT FURTHER RESOLVED THAT THIS RESOLUTION SHALL NOT BE CONSTRUED AS AN INDICATION OF THE COUNCIL’S POSITION WITH RESPECT TO ANY PROPOSAL THAT MIGHT BE MADE TO EXPAND THE FLOOR AREA ON THE CENTRAL CAMPUS OF THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL BEYOND THAT CURRENTLY PERMITTED UNDER THE TOWN’S DEVELOPMENT REGULATIONS.
BE IT FURTHER RESOLVED THAT THIS RESOLUTION SHALL NOT BE CONSTRUED AS AN INDICATION OF SUPPORT BY THE COUNCIL OF THE ACQUISITION BY THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL OF ANY PRIVATELY OWNED PROPERTY ADJACENT TO THE CENTRAL CAMPUS OF THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL.”
These amendments were accepted by the mover.
Council Member Evans stated that she regretted that the Council was going to include local politics into a bond issue that was so important to the whole State of North Carolina, but she would agree to allow the amendments.
Mayor Waldorf agreed that the bond issue should be supported, and she also supported the amendments, because it was important that these issues should be included.
Council Member Brown thanked Mayor Waldorf for her support, saying she also thought the amendments were important.
Council Member Strom thanked Council Member Brown for bringing these issues to the Council, and said it was important that the Council express its awareness of the local issues. He said he supported the bond issue, that it was very important.
Mayor Waldorf said that the Town was about higher education, and the bonds needed to be supported.
Council Member Bateman added that the bonds were about the advancement of higher education throughout the State.
Mayor Waldorf added they were also about the advancement of the State.
Council Member Wiggins said she would like to have a stronger statement in the second amendment about the exercise of eminent domain. She said she wanted to be on record as being opposed to eminent domain and the condemning of peoples’ houses.
Mayor Waldorf said she would be comfortable with the language composed by the Attorney.
Council Member Brown said she felt the Attorney’s language covered the question of eminent domain.
THE MOTION, AS AMENDED, WAS ADOPTED UNANIMOUSLY (7-0).
A RESOLUTION IN SUPPORT OF HIGHER EDUCATION BONDS TO ASSIST NORTH CAROLINA’S COMMUNITY COLLEGES AND UNIVERSITIES IN MEETING THEIR FACILITY NEEDS AND ACCOMMODATING THEIR STUDENTS (2000-10-11/R-3)
WHEREAS, higher education has historically played a tremendous role in building the State of North Carolina into the thriving economic, cultural, and social leader that it is today; and
WHEREAS, North Carolina’s community colleges and universities allow citizens of this State to learn the skills necessary to compete in today’s and tomorrow’s competitive economy; and
WHEREAS, North Carolina’s systems of higher education are acclaimed as being among the best in the country; and
WHEREAS, in the next decade, our community colleges expect more than 57,000 new students to enroll, and our universities expect more than 48,000 to enroll; and
WHEREAS, our higher education campuses must upgrade and construct academic, residential, and administrative facilities, including critical laboratory and classroom space, to accommodate the growing numbers of students; and
WHEREAS, the $3.1 billion bond package approved by the General Assembly will assist our community colleges and universities in meeting their significant facility needs; and
WHEREAS, the bonds are subject to voter approval on the November 2000 ballot and deserve rightful consideration by the citizens of this State.
NOW, THEREFORE, BE IT RESOLVED that the Council of the Town of Chapel Hill strongly supports the higher education bond proposal because it will enable our systems of higher education to better educate tomorrow’s students and maintain North Carolina’s place as the national leader in higher education learning and training.
BE IT FURTHER RESOLVED that the Council of the Town of Chapel Hill pledges to work to educate and inform the citizens of our State about the importance of the bonds in improving our community colleges and universities, and pledges to encourage voters to approve the bonds this November.
BE IT FURTHER RESOLVED that this resolution shall not be construed as an indication of the Council’s position with respect to any proposal that might be made to expand the floor area on the central campus of the University of North Carolina at Chapel Hill beyond that currently permitted under the Town’s development regulations.
BE IT FURTHER RESOLVED that this resolution shall not be construed as an indication of support by the Council of the acquisition by the University of North Carolina at Chapel Hill of any privately owned property adjacent to the central campus of the University of North Carolina at Chapel Hill.”
This the 11th day of October, 2000.
Item 4g.
Tom Traut, 400 Bayberry Drive, asked that the Council deny the request from J.K. Huggins and Beechridge Development Company. He said the construction workers removed property, trees, and the end of the driveway from his property, and did not restore what they had removed. Mr. Traut said that many months had gone by with no response and they eventually had to hire a lawyer. He said it was not a civil dispute, and asked that the request be denied because the developer was irresponsible.
Karen Traut, 400 Bayberry Drive, said she supported Resolution B. She said the 25-mile per hour sign had been removed two years ago and still not replaced, and the tree to be replaced had still not been replaced. Ms. Traut said promises had been made and not kept.
Betty Francisco, 333 Bayberry Drive, said her property had been damaged by the developer and had not been repaired. She said he had used her property to store equipment, which spilled over the right-of-way onto her property, and she had been reassured that her property would be restored, which it hadn’t. Ms. Francisco stated she felt that the Town had not properly overseen the construction after the permit was issued and it was the Town’s responsibility to make sure that the developers were being responsible. She said that the Town staff was wrong in saying that this was a civil dispute.
Fred Smith, 328 Azalea Drive, said his property was downhill from the development, and he had told the Council before the construction began, that it would result in silt draining down to his property after a rain. He said that was now happening as a result of the clear-cutting, and the drainage was filling the ditches with gravel and silt. Mr. Smith displayed pictures to show the results of the run-off onto the properties. He asked the Council for relief from this situation.
Steve Henry, 404 Bayberry Drive, said he had had problems with damage to his driveway and with erosion. He said his major concern was the stipulation requiring a recreation area, and would like the Council to allow the neighbors to decide where and when they would like to have their own area. Mr. Henry asked the Council to reconsider this stipulation, table it for the present, and let the neighborhood decide whether or not they wanted a recreation area.
Joyce Harp, 404 Bayberry Drive, said they have had a third driveway restoration, but it had not been restored to their satisfaction, and did not match the construction of the original part of the driveway.
Mr. Horton commented that more information had been presented this evening than had been presented previously, and he would like an opportunity to revisit the issue and work with the neighbors. He advised deferring the issue so the staff could pursue the matters raised this evening.
Council Member Strom said he was willing to defer the issue, and asked what process would be introduced if the Council denied the extension by adopting Resolution B. Mr. Karpinos said the Special Use Permit (SUP) modification would go through the same process as any other SUP, and the Council would have the same opportunity to weigh the evidence. He said he believed the only issue the applicant would be concerned with would be extension of the time limit.
Council Member Strom asked if the issues concerning the neighborhood could be points made for inclusion in issuing a SUP Modification. Mr. Karpinos said it would depend upon the evidence presented at a hearing.
Mayor Waldorf said there might be more value in trying to pursue a conversation and pursuing what Mr. Horton and Council Member Strom had suggested.
Council Member Evans felt it was wise to let the staff try to get some of the matters straightened out before the Council took any action at all.
Council Member Brown said she felt the matter should be referred back to the staff to work with the neighbors on the issues.
Council Member Bateman asked how many houses had already been built out of the 27 houses in the permit. Mr. Henry said about 10 houses had been built.
Council Member Ward asked what had changed since it had been referred to the staff the last time. He said it seemed that things had not changed, and what would be different in a new investigation. Mr. Horton said he did not think that the staff had done a thorough job, and a lot of information was new to him. He said he would be following up on why all the neighbors’ concerns had not been addressed.
COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER STROM, TO REFER THIS ISSUE BACK TO THE STAFF, AND THAT THE STAFF WORK WITH THE NEIGHBORS TO RESOLVE THE ISSUES THAT THE NEIGHBORS HAD BROUGHT TO THE COUNCIL, PLUS ANY ADDITIONAL ISSUES THAT MIGHT COME UP DURING THE COURSE OF THE CONVERSATION AND COME BACK TO THE COUNCIL WITH A REPORT AT A SUBSEQUENT DATE. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).
This item was moved up on the Agenda at the request of Council Member Wiggins.
Item 10a – Appointments to Rental Licensing Work Group
Council Member Wiggins reported that Council Member Brown found that meetings of the Rental Licensing Work Group would not work into her fall schedule, and asked that she be excused, and that the Council adopt a resolution appointing Council Member Strom to replace Council Member Brown on the Work Group.
Council Member Wiggins asked that the Council adopt a resolution to appoint Brittany Whitesell as a student representative to the Rental Licensing Work Group.
Chris McClune, UNC student, said that Brittany Whitesell would be a perfect appointee to the Rental Licensing Work Group because of her experience as the co-founder of the Carolina Rental Advocacy Group (CRAG), a student organization formed to address off-campus rental housing issues. He felt that would give her the opportunity to be a liaison between that group and the Work Group. Mr. McClune also thanked the Council for supporting the bond issue.
Council Member Evans asked Council Member Wiggins if the meetings of the Work Group would be open to the public. Council Member Wiggins said they would be.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT RESOLUTION 10a. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).
A RESOLUTION APPOINTING A COUNCIL REPRESENTATIVE TO THE RENTAL LICENSING WORK GROUP (2000-10-11/R-10a)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby appoints Council Member Bill Strom to the Rental Licensing Work Group.
This the 11th day of October, 2000.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT RESOLUTION 10b. THE MOTION WAS ADOPTED UNANIMOUSLY. (7-0).
A RESOLUTION NOMINATING AND APPOINTING A STUDENT REPRESENTATIVE TO THE RENTAL LICENSING WORK GROUP (2000-10-11/R-10b)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby nominates and appoints Brittany Whitesell as a student representative to the Rental Licensing Work Group.
This the 11th day of October, 2000.
Item 6 – Comprehensive Plan Items
6a. Status Report on Implementation of Comprehensive Plan
Planning Director Roger Waldon said that no action needed to be taken on Item 6a, that it was an information report, which would be an annual report to the Council. He said that Attachment I was a status report on the Action Plan. He said the memo contained next steps on the actions including:
· Ongoing revision of the Development Ordinance,
· Publication of the 2001 Data Book,
· First annual Growth Management Report,
· Annual recommended Capital Improvements Program and development of a 15-year Capital Facilities Plan,
· Council adoption of a 2001-2002 Budget and Capital Improvements Program, and Submittal of a Comprehensive Plan Implementation report.
Council Member Strom asked if, under “Environment,” a statement could be written referring back to the Comprehensive Plan regarding stormwater and water quality issues as the Town was rewriting the Development Ordinance.
Council Member Evans suggested adding the words “University Hospitals” under the status section of University Relations.
6b. Consideration of Growth Management Protocol
Mr. Waldon described the Protocol, which grew out of a discussion in the Comprehensive Plan about growth management and the adequacies of public utilities for new development and the Capital Improvements Program for improvements in infrastructure. He said the staff was suggesting a more formal way of organizing the thinking about the issues of infrastructure, public facilities, development, and capital spending. Mr. Waldon said the staff recommended adoption of the resolution that would ensure that:
· The Council would receive annually, in the spring, a Growth Management Report;
· The Council would annually adopt a Capital Improvements Program; and
· The Council would consider the adequacy and capacities of key components of public infrastructure in making its decisions on rezoning approval, Master Plan approval, and Special Use permit approval.
Council Member Bateman asked how the Protocol would dovetail with all three of the governing bodies. Mr. Waldon said it would dovetail perfectly with the Adequate Public Facilities Ordinance for Schools.
Council Member Strom asked if the other key services listed on page 11 of the memo would be measured annually, as well. Mr. Waldon said the Comprehensive Plan suggested focusing on the key components of infrastructure first, and later to include the other areas of service.
Council Member Evans said she was concerned that the Town had no control over school growth, and asked how could the Council use the school growth as a basis of denial for additional housing units. She said there were issues with arterial roads, and whether they should be widened or not in response to growth, and as a basis for denial of development. Mr. Waldon responded that the school development was being addressed directly in the Adequate Public Facilities Ordinance for Schools, and the attorneys were developing language that would likely stand up in a court case. He said that each municipality would be asked to adopt the Ordinance into their Development Ordinances.
Council Member Evans asked if it tied to the fact that the schools were trying to reduce class size, so that without any additional students the schools would still reach over-capacity. She added that people move to Chapel Hill just so their children can attend its schools, and that would not be new construction.
Council Member Wiggins responded that the discussion of the Adequate Public Facilities Ordinance would address this question, and added that it was a good ordinance. She added that there would be more discussion but everyone was concerned with keeping the excellent school system that Chapel Hill had.
Mr. Waldon responded to Council Member Evans question about the roads, saying that the Protocol would analyze what the road capacities were, annually measure what those capacities were, and the information would be considered when discussing new development. He added that there was a specific law that stated that degradation of roads and level of service would be justification for denial of applications.
Council Member Evans said the Town could not control development in other counties and towns. Mr. Waldon said that information would be on the table for discussion.
COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 6. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).
A RESOLUTION APPROVING A GROWTH MANAGEMENT PROTOCOL (2000-10-11/R-6)
WHEREAS the Chapel Hill Town Council adopted a new Comprehensive Plan on May 8, 2000; and
WHEREAS a key recommendation of that plan was that the Council prepare a Growth Management Protocol, to outline the components of the Town’s growth management system, designed to help the community keep track of demands for services and capacities of services;
NOW THEREFORE BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves the Growth Management Protocol as presented to the Council on October 11, 2000, as a statement of expectations and intent regarding review of development proposals and preparation of Capital Improvements Programs.
BE IT FURTHER RESOLVED that the Town Manager is directed to prepare a Growth Management Report, as called for in the Protocol, for the Council’s consideration during the spring of 2001.
This the 11th day of October, 2000.
Item 7 – Changes to Bicycle and Pedestrian Development Standards Proposed
by the Bicycle and Pedestrian Advisory Board
Mr. Waldon said the staff recommended a few changes in the proposal and the Staff Report discussed these recommendations. He said the staff recommended adoption of Resolution A which would include:
· Criteria for providing pedestrian and bicycle access as a component of new development,
· Standards for location and design of bicycle parking areas,
· Design Manual be amended to specify that bicycle parking spaces in the amount of 10% of automobile parking spaces should be provided with new development.
He said adoption of Resolution B would include all of the Bicycle and Pedestrian Advisory Board’s recommendations in the Town’s Design Manual, and adoption of Resolution C would call a Public Hearing to consider adding the Bicycle and Pedestrian Advisory Board’s recommended requirements to the Town’s Development Ordinance.
Evelyn Gordon, representing the Bicycle and Pedestrian Advisory Board, said the Board was happy with the suggestion that their proposals be incorporated in the Design Manual. She added that the bicycle parking areas in the chart on page 7 of the memorandum should be classified as Class I parking. She added that the kind of storage for bicycles the Board was recommending was already incorporated in most condominium developments, so the per unit requirement was not adding much that was not already there.
Council Member Evans asked if the Board recommended different bicycle parking levels according to their use. Ms. Gordon said that residential would require more long-term parking, and commercial establishments would require short-term parking.
Council Member Evans asked if this meant that the Board was asking for changes in the Design Manual and Development Ordinance. Ms. Gordon said this would be for consideration. She said the Board’s preference would be for adoption of Resolution B.
Council Member Ward asked where the recommended standards for bicycle slots came from. Ms. Gordon said she was not sure, but thought it came from standards developed in other communities.
Council Member Ward asked if the staff had asked what the justification for recommended standards was. Mr. Horton said he understood that the staff did ask those questions. He asked that Mr. Waldon have an opportunity to comment on this question.
Mr. Waldon said Mr. Wayne Pein, who was responsible for the numbers in the chart on page 7, gave the staff references that he had used. He said the staff had contacted these sources and found that there were a number of different ways some communities had used. Mr. Waldon said the staff had concluded that the recommendation had come without an explanation for the justification of the numbers, and, after checking with the sources in other communities, the staff did not see a justification for why this recommendation made sense for Chapel Hill.
Council Member Strom asked how the 10% guideline made sense for Chapel Hill. Mr. Waldon said that number was recommended by the Board, had worked in many communities, and was a good point to start in the Design Manual.
Council Member Strom said he supported Resolution B, and felt the Advisory Board had done a thorough job, and by putting the proposal into the Design Manual it would have flexibility, and encourage the use of bicycles.
COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, TO ADOPT RESOLUTION 7B.
Council Member Evans asked why this proposal shouldn’t be given to the consultant for the Development Ordinance for consideration.
Mayor Waldorf said she remembered that the Council had agreed to put these proposals on the Agenda, and not wait to give it to the consultant.
Council Member Brown called the question.
THE MOTION WAS ADOPTED BY A VOTE OF 6-1, WITH MAYOR WALDORF, AND COUNCIL MEMBERS BATEMAN, BROWN, STROM, WARD AND WIGGINS VOTING AYE, AND COUNCIL MEMBER EVANS VOTING NAY.
A RESOLUTION AMENDING THE TOWN’S DESIGN MANUAL AS RECOMMENDED BY THE BICYCLE AND PEDESTRIAN ADVISORY BOARD (2000-10-11/R-7b)
WHEREAS, the Chapel Hill Bicycle and Pedestrian Advisory Board has recommended a set of standards for new development that address bicycle and pedestrian access, numbers of bicycle parking spaces that should be required, type of bicycle parking spaces that should be provided, and standards for location and design of bicycle parking areas; and
WHEREAS, the Chapel Hill Town Council has considered this recommendation, and concludes that it would be desirable to have additional sections on bicycle and pedestrian issues added to the Town’s Design Manual;
NOW, THEREFORE, BE IT RESOLVED that the Council directs the Town Manager to revise the Town’s Design Manual to include all recommendations of the Bicycle and Pedestrian Advisory Board, as contained in Attachments A and B of a memorandum to the Town Council from the Board dated June 26, 2000.
This the 11th day of October, 2000.
Item 8 – Response to Bicycle and Pedestrian Advisory Board Petition to Remove
Bicycle Path Designation from Shared Bicycle/Sidewalk Facilities
\Mr. Horton stated that the staff had decided to decommission the walks, and that persons who wished to do so could continue to use the walks for bicycles. He said that appropriate signage would encourage the motorists to share the road.
Evelyn Gordon, representing the Bicycle and Pedestrian Advisory Board, said she wanted to make it clear that the Board was not recommending that bicycles be prohibited on the designated sidewalks, that those who felt the need to ride on the sidewalks should be permitted to do so. She said the Board wanted removal of signs that encouraged people in the belief that bicycles belonged on the sidewalks rather than on the road.
COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT RESOLUTION 8A.
Council Member Evans wondered if the Town was sending the wrong message. She said the Council should be concentrating on bicycle safety, and that “Share the Road” caution signs should be placed on the left side down-hill bike lanes, and for the red sidewalk there should be a directional sign on the sidewalk saying that those were the places to ride a bike up the hill.
Council Member Evans asked from where had the funding originated. Mr. Horton said the staff did not have any information about where the funding came from and the staff believed that if federal funds had been used it was such a long time in the past that it wouldn’t make any difference anymore. He added that the facilities could still be used for biking, and the Town would not be changing the use of the sidewalks, and anybody who wished to walk or bike on the sidewalk was free to do so. Mr. Horton said the only place where it was unlawful to ride a bicycle on the sidewalk was in the Town Center.
Council Member Evans questioned whether there should be slow-moving cyclists at the top of Franklin Street where it was narrow, and asked if that was the safest thing to do. She said the Town was doing public policy but omitting the safety element.
Council Member Brown called the question.
Ms. Gordon said the Board was also concerned with safety and that was one of their primary reasons for wanting bicycling sidewalks to be decommissioned. She said that most accidents occurred with bicyclists on the sidewalk, and the Board was discouraging bicyclists from riding on sidewalks. Mr. Horton said he was concerned that the signage might encourage a naïve rider to believe that a motorist would stop for them as they entered onto the pathway.
Council Member Evans asked if this decision would have any impact on what was required on the lanes at Meadowmont. Mr. Horton said it would not, that those lanes were designed through a different standard.
THE MOTION WAS ADOPTED BY A 6-1 VOTE, WITH MAYOR WALDORF, COUNCIL MEMBERS BATEMAN, BROWN, STROM, WARD, AND WIGGINS VOTING AYE, AND COUNCIL MEMBER EVANS VOTING NAY.
A RESOLUTION REMOVING BICYCLE PATH DESIGNATION FROM SHARED FACILITIES AND DIRECTING THE MANAGER TO MAKE APPROPRIATE CHANGES IN SIGNAGE (2000-10-11/R-8a)
WHEREAS, the Chapel Hill is continuing efforts to address pedestrian and bicycling issues in the Town; and
WHEREAS, the Bicycle and Pedestrian Advisory Board submitted a request to the Town Council to remove the bicycle path designation from the shared bicycle/sidewalk facilities; and
WHEREAS, the Town Council has considered this request and a set of related comments by the Town Manager; and
WHEREAS, the usefulness of the existing bicycle paths is limited due to uncertainty about their location, their narrow width, whether one-way or two-way use is permitted, and from simultaneous use by pedestrians and cyclists;
NOW, THEREFORE BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby removes the bicycle path designation from the shared off-road bicycle/sidewalk facilities, and that the Manager is directed to remove signage that directs riders onto the brown sidewalks, as well as the stenciled bicycles and arrows on the bicycle paths, and to place additional “Share the Road” signs in these locations:
This the 11th day of October, 2000.
Mr. Karpinos explained the proposed ordinance, saying that if a property owner wished to have the regulations apply to his property he would make such requests to the Town and it would take a separate action by the Council in order to make the ordinance effective as to any specific piece of property.
COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT ORDINANCE 4. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).
AN ORDINANCE AMENDING CHAPTER 20 OF THE CODE OF ORDINANCES TO ESTABLISH PARKING REGULATIONS FOR PRIVATE RESIDENTIAL LOTS (2000-10-11/O-4)
BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
Section 1. Article IV, Chapter 21 of the Town Code is hereby amended by adding a new Section 21-28.3 to read as follows:
Section 21-28.3 Parking restricted to driveways on certain privately owned lots.
(a) Pursuant to the authority contained in Section 3, Chapter 97 of the Session Laws of the North Carolina General Assembly, and upon the request of the owners of the properties designated in paragraph (c) of this section, parking of motor vehicles shall be prohibited on the designated properties, except in driveways.
(b) For purposes of this Section, a “driveway” shall include any paved or graveled area established on the subject property for the parking of automobiles or any other area otherwise clearly demarcated by the owner for parking of automobiles.
(c ) (Reserved).
(d) An owner of any property listed in paragraph (c ) may, upon written request to the Town Manager or his designee, request a temporary suspension of the regulations applicable to his property by this section. The Manager is authorized to grant such suspensions for up to 24 hours at a time and to establish any necessary rules for implementation of such temporary suspensions.
(e) An owner of any property listed in paragraph (c ) may, upon written request to the Town Manager, have an Ordinance placed on the Town Council’s agenda to repeal the regulations established by this section.
(f) The parking prohibitions established in this section shall become effective when an appropriate sign giving notice thereof shall be erected by the property owner.
(f) Nothing in this Ordinance shall be construed as modifying any otherwise applicable regulations of the Town, including but not limited to, any Development Ordinance regulations pertaining to the use of front yards of residential lots for parking of automobiles.
Section 2. Section 21-38, paragraph (a) is hereby revised to read as follows:
(a) The penalty for any violation of sections 21-28.3, 21-29, 21-30, 21-31, 21-32, 21-33, and 21-37.1 shall be fifteen dollars ($15.00).”
Section 3. This ordinance shall become effective upon adoption.
This the 11th day of October, 2000.
Item 10 – Appointments
10a. Appointments to Intergovernmental Parks Work Group.
COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER BATEMAN, THE ADOPTION OF RESOLUTION 9, COUNCIL MEMBER FOY WILL BE THE MEMBER, AND COUNCIL MEMBER STROM WILL BE THE ALTERNATE. THE MOTION WAS ADOPTED UNANIMOUSLY. (7-0).
A RESOLUTION APPOINTING COUNCIL REPRESENTATIVES TO THE INTERGOVERNMENTAL PARKS WORK GROUP (2000-10-11/R-9)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby appoints Council Member Kevin Foy to the Intergovernmental Parks Work Group, and Council Member Bill Strom as an alternate to the Work Group.
This the 11th day of October, 2000.
COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, THAT THE COUNCIL GO INTO CLOSED SESSION, AS AUTHORIZED BY N.C. GENERAL STATUTE SECTION 143-318.11(a)(6) TO CONSIDER A PERSONNEL MATTER AND AS AUTHORIZED BY N.C. GENERAL STATUTE SECTION 143-318.11(a)(3), TO CONSULT WITH THE TOWN ATTORNEY REGARDING TWO PENDING LAWSUITS. THE PARTIES IN ONE OF THE CASES ARE CHAPEL HILL TITLE AND ABSTRACT COMPANY, THE TOWN AND THE TOWN’S BOARD OF ADJUSTMENT. THE PARTIES IN THE OTHER CASE ARE AM PROPERTIES, DALLAS DEVELOPMENT AND TRUST V. THE TOWN. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).
The meeting adjourned at 9:12 p.m.