SUMMARY MINUTES OF A REGULAR BUSINESS MEETING
OF THE CHAPEL HILL TOWN COUNCIL
MONDAY, MARCH 5, 2001, AT 7:00 P.M.
Mayor pro tem Lee Pavăo called the meeting to order at 7:00 p.m.
Council members present were Flicka Bateman, Joyce Brown, Pat Evans, Kevin Foy, Bill Strom, Jim Ward, and Edith Wiggins. Mayor Rosemary Waldorf 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, Housing Director Tina Vaughn, Library Director Kathy Thompson, Planning Director Roger Waldon, Parks and Recreation Director Kathryn Spatz, Engineering Director George Small, Finance Director Jim Baker, Assistant Finance Director Kay Johnson, and Town Clerk Joyce Smith.
Item 1 - Ceremonies: None
Item 2 - Public Hearing on Proposed Legislation
Town Attorney Ralph Karpinos recommended that the Council consider adopting Resolution R-1, which would support the proposed legislative program and request annexation of three parcels within the Town’s urban services area.
Mayor pro tem Pavăo noted that no one had signed up to speak on the item and that there was no one in the audience who wished to speak.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER BATEMAN, TO ADOPT R-1.
Council Member Ward asked that the resolution be amended to read return deposit on “aluminum cans” rather than “cans.” Council Member Evans accepted this as a friendly amendment, as did Council Member Bateman.
RESOLUTION R-1 WAS ADOPTED AS AMENDED TO INCLUDE THE WORD “ALUMINUM” BEFORE THE WORD “CANS” ON THE SIXTH BULLET. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
A RESOLUTION ESTABLISHING THE TOWN OF CHAPEL HILL’S LEGISLATIVE PROGRAM FOR THE UPCOMING SESSION OF THE NORTH CAROLINA GENERAL ASSEMBLY (2001-03-05/R-1)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council, having held a public hearing for March 5, 2001, at 7 p.m. on proposed items for inclusion in the Town’s legislative program for the 2001 Long Session of the North Carolina General Assembly, hereby adopts as its legislative program the following proposed items:
Supporting:
Opposing:
BE IT FURTHER RESOLVED that the Council directs that copies of this resolution be forwarded to members of the Town’s Legislative Delegation;
BE IT FURTHER RESOLVED that the Council requests that members of the Town’s Legislative Delegation introduce this bill for consideration during the upcoming session of the General Assembly.
This the 5th day of March, 2001.
a. Petitions by citizens on items not on the agenda.
1. Frank J. Phoenix, request to allow Habitat for Humanity to build on Town property on Crest Street in Carrboro.
Mayor pro tem Pavăo noted that Mr. Phoenix was not present to speak on his petition.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER BATEMAN, TO REFER THE PETITION TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
b. Petitions by citizens on items on the agenda.
School Superintendent Neil Pedersen stated that the School Board had been asked to consider a resolution regarding the aquatics center and would do so at their March 15th meeting. Pointing out that finding practice space for school swim teams had been difficult, Mr. Pedersen expressed support for the aquatics facility as well as the warm water pool, which would benefit handicapped children. He asked the Town Council to keep the needs of the 10,000 students in Chapel Hill/Carrboro schools in mind during its discussions.
c. Announcements by Council members.
Council Member Brown announced a next day ceremony at the Hargraves Center gymnasium regarding the photovoltaic cells in place there.
Item 4 - Consent Agenda
Michelle Cotton, speaking on behalf of the NC Minority Youth and Family Resource Center, addressed Item 4d. Ms. Cotton told a story about a boy whose mother died because he had not been able to purchase her medications on time. She pointed out that many minority families do not know how to navigate through such systems. In response to the Council’s recommendation that the Resource Center go thorough the Human Services grant process, she said that the timing was wrong for the Center. Ms. Cotton explained that they would come back and apply for a larger grant, however. She asked the Town Council to recognize the urgency and to hear the cries coming from minority communities. Ms. Cotton said that the Minority Youth and Family Resource Center looked forward to an ongoing partnership with the Town Council.
Council Member Bateman removed 4b for discussion.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT R-2 WITH 4b REMOVED. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES (2001-03-05/R-2)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the following resolutions and ordinances as submitted by the Town Manager in regard to the following:
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a. |
Closure of a Section of Cottage Lane Right-of-Way (R-3). |
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c. |
OWASA Policy Regarding Utility Extensions Outside the Urban Services Area (R-5). |
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d. |
Petition for Funding N.C. Minority Youth and Family Resource Center (R-6). |
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e. |
Lowe’s Village Center Special Use Permit: Request to Extend Completion Time Limit (R-7a would approve time extension). |
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f. |
Bids for Comprehensive Rehabilitation Work at the Lindsay Street Public Housing Neighborhood (R-8). |
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g. |
Follow-up Report on Cleland Drive Antenna Site (R-9). |
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h. |
Zoning Violations along West Rosemary Street (R-9.1). |
This the 5th day of March, 2001.
A RESOLUTION CLOSING A SECTION OF THE COTTAGE LANE RIGHT-OF-WAY (2001-03-05/R-3)
WHEREAS, the Council on January 8, 2001, adopted a resolution of intent to consider closing part of the Cottage Lane right-of-way and a public hearing thereon was held on February 19, 2001; and
WHEREAS, closing this part of the Cottage Lane right-of-way would not be contrary to the public interest; and no individual owning property in the vicinity of the right-of-way would be deprived of reasonable means ingress and egress to his or her property by closing of said right-of-way;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts this order pursuant to North Carolina G.S. 160A-299, permanently closing approximately 75 feet of the Cottage Lane right-of-way as shown on Orange County Tax Map 7.80, Block B, and abutting lots 25, 36 and 37, subject to the reservation of blanket utility and drainage easements, all of which shall be recorded on a plat to be provided by the party requesting the right-of-way closure and approved by the Chapel Hill Engineering Department.
This the 5th day of March, 2001.
WHEREAS, the Chapel Hill Town Council has established an Urban Services Area, intended to include all areas that will ultimately become part of the Town of Chapel Hill; and
WHEREAS, it is the Town Council’s intent that urban services should ultimately be made available to properties within this Urban Services Area; and
WHEREAS, it is the Town Council’s intent that urban services (including public water and sewer service) should not be extended outside of this Urban Services Area; and
WHEREAS, the Town Council, on May 8, 2000, adopted a new Comprehensive Plan that contracted the Urban Services Boundary south of Town; and
WHEREAS, the Orange Water and Sewer Authority has proposed a policy for guiding extensions and connections in this area that is now, as of May 8 2000, outside of Chapel Hill’s Urban Services Area, such policy presented in a letter from OWASA Director Ed Kerwin dated September 14, 2000;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council finds that the approach to utility extensions and connections, as proposed in a September 14, 2000 letter from OWASA Executive Director Ed Kerwin, is consistent with the Town Council’s intent in establishing and adjusting the boundary for Chapel Hill’s Urban Services Area.
This the 5th day of March, 2001.
A RESOLUTION REFERRING THE PETITION FROM THE NORTH CAROLINA MINORITY YOUTH AND FAMILY RESOURCE CENTER TO THE HUMAN SERVICES ADVISORY BOARD (2001-03-05/R-6)
WHEREAS, the Town of Chapel Hill has received a request from the North Carolina Minority Youth and Family Resource Center for funding for two youth forums to be held in Orange County; and
WHEREAS, the Town has a process for human service agencies to submit applications for funding to support programs for residents of the Town of Chapel Hill;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the petition from the North Carolina Minority Youth and Family Resource Center shall be referred to the Human Services Advisory Board for consideration upon receipt of the standard application for human service funding.
This the 5th day of March, 2001.
A RESOLUTION APPROVING A REQUEST FOR AN EXTENSION OF THE COMPLETION DATE FOR LOWE'S VILLAGE CENTER (2001-03-05/R-7a)
WHEREAS, National Development Corporation has requested an extension of the completion time limit for Lowe's Village Center; and
WHEREAS, Article 18.6.3 of the Chapel Hill Development Ordinance requires Council to make the determination that a) the permit holder submits the request within 60 days of the completion time limit; b) the permit holder has proceeded with due diligence and good faith; and c) conditions have not changed so substantially as to warrant Council reconsideration of the approved development; and
WHEREAS, a) the permit holder submitted the request within 60 days of the completion date; b) the permit holder has proceeded with due diligence and good faith; and c) conditions have not changed so substantially as to warrant Council reconsideration of the approved development; and
WHEREAS, the applicant's previous request for extension stated his intent to reduce the allowable square footage of the second building to approximately 25,000 square feet;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves the request of National Development Corporation for the extension of the completion date of the Lowe's Village Center to February 27, 2002.
This the 5th day of March, 2001.
A RESOLUTION ACCEPTING AND AWARDING THE BID FOR THE COMPREHENSIVE REHABILITATION OF LINDSAY STREET APARTMENTS
(2001-03-05/R-8)
WHEREAS, the Town of Chapel Hill solicited formal bids by advertisement in the The Chapel Hill News on January 10, 2001, and in The Challenger Newspaper, Wilmington, North Carolina on January 11, 2001, in accordance with G.S. 143-128 for the construction work; and
WHEREAS, the following bids were received and opened January 30, 2001:
VENDOR BASE BID ALTERNATE 1 ALTERNATE 2 ALTERNATE 3
(9 Apartments) (Central A/C) (Window A/C) (One Phase)
Single Prime for Entire Project:
Riley Contracting Group, Inc. $602,600 $27,000 $ 4,300 ($27,000)
Cary, N.C.
CanStruct, LLC $595,900 $45,000 $2,560 $ 0
Chapel Hill, NC
LA Downey & Sons, Inc. $597,084 $32,615 $4,338 ($23,470)
Durham, NC
Patriot Building Co., Inc. $486,500 $30,000 $3,200 ($ 7,000)
Hillsborough, NC
Carl Garris & Sons, Inc. $498,000 $18,000 $2,000 ($20,000)
Lake View, SC
Construction Only:
Riley Contracting Group, Inc. $524,600 $ 7,500 $ 2,200 ($24,000)
Cary, N.C.
CanStruct, LLC $514,000 $19,688 $760 $ 0
Chapel Hill, NC
LA Downey & Sons, Inc. $511,888 $ 5,005 $2,358 ($20,990)
Durham, NC
Patriot Building Co., Inc. $405,500 $ 3,600 $1,200 ($ 5,000)
Hillsborough, NC
VENDOR BASE BID ALTERNATE 1 ALTERNATE 2 ALTERNATE 3
(9 Apartments) (Central A/C) (Window A/C Units) (One Phase)
Mechanical Only:
Jacaranda A/C Appliance $ 16,200 $23,450 - $20,000
Service Corp.
Durham, NC
Lee Air Conditioners, Inc. Not Responsive
Durham, NC
Plumbing Only:
ACME Plumbing & Htg. Co. $ 35,100 - - ($ 1,800)
Durham, NC
Sparrow & Sons, Inc. $ 27,860 - - $ 0
Carrboro, NC
Electrical Only:
Wood Electrical Contractors $ 56,400 $ 4,230 $ 3,780 ($ 500)
Mebane, NC
Triangle Cable Splicing, Inc. $ 34,927 $ 0 $ 1,761 $ 0
Raleigh, NC
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town accepts the single prime base bid and Alternate 1 and 3, and award a contract to Carl Garris & Sons, Inc. in the amount of $496,000 for the comprehensive renovation of apartments including central air conditioning with all work being performed in one construction phase at the Lindsay Street public housing neighborhood.
This the 5th day of March, 2001.
A RESOLUTION AUTHORIZING THE MANAGER TO TAKE STEPS TO RESOLVE ISSUES RELATED TO THE CLELAND DRIVE RIGHT-OF-WAY (2001-03-05/R-9)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is hereby authorized to complete the steps needed to resolve matters with the University of North Carolina in accordance with the terms contained in his report to the Council on March 5, 2001.
This the 5th day of March, 2001.
A RESOLUTION AUTHORIZING A COMPREHENSIVE APPROACH TO DEALING WITH VIOLATIONS OF THE PARKING REGULATIONS OF THE DEVELOPMENT ORDINANCE CONCENTRATED AROUND THE NORTH SIDE OF WEST ROSEMARY STREET (2001-03-05/R-9.1)
WHEREAS, a number of violations of the parking regulations of the Development Ordinance are concentrated in the area on the north side of the 300 and 400 blocks of West Rosemary Street; and
WHEREAS, it appears that cooperation among the owners of the non-compliant lots may produce better results than corrections achieved in an individual manner; and
WHEREAS, such cooperative work may take more time to plan and implement than independent work;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to implement the following comprehensive approach:
This the 5th day of March, 2001.
Item 5 - Information Items
Council Member Ward removed 5b for discussion. Noting that the Umstead Park play structure is in the floodway, he suggested allocating funds to move it within the site and to make repairs each year.
Council Member Foy asked if Council Member Ward was speaking in support of the staff’s option to move the play structure to an area across the street. Council Member Ward said that he was not, adding that there was space within the present site which would not compromise the baseball field.
Council Member Brown suggested deferring the issue until budget considerations. Mr. Horton added that the Town would then have time to look at the site that Council Member Ward was proposing. Council members agreed by consensus to bring the item back for discussion during budget deliberations.
Item 6 - Eastwood Lake: Application for Special Use Permit
Planning Director Roger Waldon noted that answers to the Council’s previous questions were contained in the packet. He explained that “contiguous property” had not been defined at the proper time during the public hearing, so the Town Attorney had recommended doing it again by re-adopting R-A. Mr. Waldon noted that the Manager’s revised recommendation (R-B) included installation of special measures to protect the roots of an important tree. He pointed out that the Planning Board’s recommendation had become R-C.
COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT R-10. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
A RESOLUTION DETERMINING CONTIGUOUS PROPERTY WITH RESPECT TO THE SPECIAL USE PERMIT APPLICATION FOR EASTWOOD LAKE PROJECT (2001-03-05/R-10)
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 Eastwood Lake Project, 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 5th day March, 2001.
Don Brewer, Lake Forest Association director and project manager, spoke regarding the white oak tree protection stipulation. Explaining that the tree would be protected during construction, Mr. Brewer recommended that the Council adopt the original resolution as recommended by the Planning Board. He argued that this level of detail should be at the discretion of the Town staff rather than a permanent stipulation. Mr. Brewer mentioned possible “unintended consequences,” such as a pickup truck not being able to deliver lumber to expand the canoe storage racks without having to revisit the issue. Mr. Brewer recommended that the Town adopt R-C rather than R-B.
Council Member Ward commented that one truck could damage the white oak as easily as 100 trucks could. He said that the tree should be protected from traffic going closer to it than the road does now. Mr. Horton noted that if Mr. Brewer’s concern was about driving a light vehicle on the established road after construction is complete then the Town could add language to stipulation #10 on page 13 that would make it clear that the Town is referring to construction contemplated as part of the SUP. Town Attorney Ralph Karpinos suggested inserting the phrase “construction vehicles” after “necessary to carry out this special use permit.”
Mr. Brewer said that he was not sure that would address the issue since there were multiple activities encompassed by the SUP. Mr. Horton repeated that the new language would address Mr. Brewer’s concern about a pickup truck using the road two or three years from now.
Mayor pro tem Pavăo remarked that this would give the protection that Council Member Ward had suggested and yet alleviate the problem in the future for trucks using that road to get to the canoe rack. Council Member Ward agreed that this was a good solution.
COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER FOY, TO CLOSE THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER FOY, TO ADOPT R-11A (RESOLUTION B) AS AMENDED TO ADD THE TOWN ATTORNEY’S LANGUAGE TO STIPULATION 10. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE EASTWOOD LAKE PROJECT (2001-03-05/R-11a)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by Lake Forest Association, Inc. on properties identified as Chapel Hill Township, part of Tax Maps 28, 40, 41A, 42 and 43 if developed according to the site plan prepared on January 24, 2001, 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 that the Town Council hereby approves the application for a Special Use Permit for Eastwood Lake in accordance with the plans listed above and with the conditions listed below:
Stipulations Specific to the Development
1. That construction begin by March 5, 2003 (two years from the date of Council approval) and be completed by March 5, 2004 (three years from the date of Council approval).
2. Land Use: This Special Use Permit authorizes:
Ř The restoration of the lake for stormwater retention, recreational purposes and wildlife enhancement; and
Ř Periodic future maintenance including sediment removal, shoreline stabilization, vegetative control and dam maintenance/management.
Permitted land disturbance, construction and maintenance activities include:
3. Special Use Permit Boundary: That the Special Use Permit boundary for this project is established as shown on the submitted Site Plan dated January 24, 2001.
4. Land Disturbance on Private Lakefront Properties: That prior to the Lake Forest Association’s beginning any land disturbance on private lakefront properties, other than properties owned by Lake Forest Association, Inc., said lakefront property owner(s) shall provide authorization (signature) for such land disturbance. This authorization shall be submitted to the Town Manager prior to beginning any site work on such properties.
Stipulations Related to Access and Circulation
5. Access/Haul Road Easements: That an access easement for Access Road #2 shall be recorded with the Orange County Register of Deeds prior to issuance of a Zoning Compliance Permit.
6. Construction Traffic Management Plan: That a Construction Traffic Management Plan, including an approved Hauling Route Plan for travel on public streets within the Town of Chapel Hill, shall be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. The plan shall address vehicle weight limits, hours of travel, and responsibility for damage to public roads, and material leakage and deposit of sediment on roadways.
Stipulations Related to Resource Conservation District
7. Cut and Fill in the Resource Conservation District: That cut and fill calculations, for land disturbance activities outside the edge of the lakeshore line shall be provided with the submission of the Final Plan application.
8. No Rise Certification: That prior to beginning any land disturbing activities, a registered engineer must submit a no rise Certification, for review and approval by the Town Manager, stating that this project will not cause a rise to the 100-year regulatory base flood elevation, including a description of the project with supporting documentation for the no rise certification.
Stipulations Related to Tree Protection Fencing
9. Tree Protection Fence: That tree protection fencing shall be required in the following locations:
Ř Along the construction limits lines adjacent to Access Roads #1 and #2 and the southern forebay; and
Ř Along Access Road #3 at tree locations; and
Ř Around critical root zones of significant trees near the shoreline.
The location of tree protection fencing shall be approved by the Town Manager.
10. White Oak Tree Protection Measures: That additional measures shall be taken to protect the large white oak tree located near the southern access road from the impact of construction vehicles during the work necessary to carry out this Special Use Permit as they drive near the tree. These measures, to be approved by the Town Manager, shall include installation of fabric at ground level near the tree, covered by six inches of bark mulch, and pallets on top for vehicles to drive over.
Stipulations Related to State and Federal Approvals
11. State or Federal Approvals: That any required State or federal permits or encroachment agreements for development in the wetlands be approved by the appropriate agencies and copies of the approved permits and agreements be submitted to the Town Manager prior to the issuance of a Zoning Compliance Permit.
Miscellaneous Stipulations
12. Dam Inspection: That prior to final re-filling of the lake, a dam inspection report from a registered engineer shall be submitted to the Town Manager.
13. Detailed Plans: That final detailed site plans, be approved by the Town Manager prior to issuance of a Zoning Compliance Permit, and that such plans conform to the plans approved by this application and demonstrate compliance with all applicable conditions.
14. Erosion Control: That a detailed soil erosion and sedimentation control plan, including provision for maintenance of facilities and modifications of the plan if necessary, be approved by the Orange County Erosion Control Officer and the Town Manager prior to issuance of a Zoning Compliance Permit.
15. Silt Control: That the applicant take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.
16. Construction Sign Required: That the applicant post a construction sign that lists the property owner’s representative, with a telephone number, the contractor’s representative, with a phone number; and a telephone number for regulatory information at the time of issuance of a Zoning Compliance Permit.
17. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
18. 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 Eastwood Lake Project.
This the 5th day of March, 2001.
Item 7 - Discussion of Department of Transportation’s
Response to Proposed Weaver Dairy Road Improvements
Mr. Horton referred to NC Department of Transportation’s (NCDOT) letter in which they recommended a four-lane, median-divided cross section on Weaver Dairy Road rather than the three-lane project endorsed by the Town Council. He asked for the Council’s advice on how to proceed.
Council Member Foy asked if NCDOT’s response was final or whether it was a request for more ideas from the Town. Mr. Horton replied that the engineering staff at NCDOT had said they could not proceed with the improvements that the Council had set forward but would be willing to proceed with four lanes and a median.
Mr. Horton said that he understood that a decision at this level could be countermanded by the Secretary of Transportation and the State Transportation Board, in some circumstances. He said that the Council could instruct the Town to appeal at the staff level or it could make an appeal to the Secretary of Transportation. Mr. Horton advised doing this prior to taking anything to the State Transportation Board.
Council Member Foy commented that nothing would happen if the Town took no action, since NCDOT does not build improvements that are not desired by the local community.
Council Members Brown and Ward asked about NCDOT’s statement that it would continue to work on environmental assessment and design prior to a public hearing in the summer. NCDOT project engineer Derrick Weaver explained that NCDOT had decided to proceed with the four-lane divided highway. He noted that this had also been the Manager’s recommendation. Mr. Weaver said that the Town Council should follow the procedure that the Manager had recommended if they do not want the four-lane road. He suggested pursuing the matter in a phone call or at a meeting rather than by letter.
Judy Arneson, representing the Timberlyne Neighborhood Association and surrounding neighborhoods, pleaded with the Council to tell the Secretary of Transportation not to build the four-lane highway. She said that widening the road would destroy the character of the northern neighborhoods and make it unsafe for those living there. If the Town must go with any plan, she said, then build the three-lane road.
Pat Rhodes suggested that “behind the scene forces” had caused this item to bounce back to the Town with a four-lane option. He reminded Council members that they represent the interests of the citizens of Chapel Hill. He noted that this includes the ten neighborhoods that are asking the Town to stand strong for the three-lane option and for neighborhood protection and preservation over developer interests. Mr. Rhodes predicted that the Council’s vote on this issue would shape the future of the Town for many years.
Cyndy Risku, speaking on behalf of the Silver Creek community, noted that Townspeople had voiced their opinion through emails, appearances at Town Council meetings, and petitions. She said that these citizens want Weaver Dairy Road left the way it is or, at most, changed to a three-lane road. Ms. Risku asked what the 20,000 cars per day estimate was based on. She also asked how speed would be controlled and how the project would be funded. Ms. Risku expressed gratitude for the way the Town Council had voted and urged them to stand firm with that decision.
Chris Grace expressed resentment over NCDOT’s refusal to respect the Town’s decision. She asked Council members to oppose the NCDOT proposal on the grounds that safety would be jeopardized if Weaver Dairy Road became a larger artery.
Janis Dempsey also expressed disappoint over NCDOT’s decision. She supported the Town Council’s previous decision and objected to the NCDOT overriding the democratic process that had taken place.
COUNCIL MEMBER BROWN MOVED THAT THE TOWN COUNCIL CONTACT THE HEAD OF NCDOT. COUNCIL MEMBER WARD SECONDED THE MOTION.
Council Member Evans, noting that she had not supported the Council’s three-lane recommendation, asked about the possibility of building Weaver Dairy Road Extension without making any other road improvements at all. She argued that it would be a long time before the Town would get the option to do anything with State funds if they did not take advantage of that now.
Regarding the motion, Council Member Foy asked whom from the Town would meet with NCDOT. Mr. Horton replied that in the past a Town delegation (the Mayor, Manager, Engineering Director, and at least one Council member) would present the case from the Council’s point of view along with the best argument possible.
Council Member Strom expressed support for the motion and the idea of getting a delegation together to lobby for this. He said that the notion that a median creates a safe crossing gives a false sense of security. Council Member Strom said that he was comfortable with the three-lane option and thought that the Council should continue to advocate for that.
Council Member Ward asked Mr. Weaver why NCDOT had proposed four lanes. Mr. Weaver replied that they had looked at the Town’s request and had determined that they could not recommend the three-lane option. Council Member Ward asked why NCDOT had dismissed the three-lane option. Mr. Weaver replied that this facility would not function well with the projected traffic increases. If the money is to be spent, he said, it would be better to build the road the way it ultimately should be so that it will last a long time.
Mr. Weaver stated that a four-lane divided facility is safer because pedestrians cross only two lanes at a time and cars are separated by a median. He added that a four-lane road looks better and would be landscaped. Mr. Weaver said that NCDOT is conscious of designing roads for “driver expectation,” which means that they should not shift from five lanes to three lanes and then back to five lanes again.
Council Member Evans again inquired about Weaver Dairy Road Extension. Mr. Weaver said that this should be discussed with NCDOT because it would be a change in what had been asked for at the start of planning. He added that if the Town wanted only the extension to be four lanes then NCDOT probably would build it, but if the Town asked for a three-lane Weaver Dairy Road and a four-lane extension then they would have to talk with NCDOT.
Council Member Brown asked if NCDOT could discontinue its work on the environmental assessment and design. Mr. Weaver replied that slowing the work down too much would begin to push the schedule. He said that there was no reason to stop writing the draft environmental assessment because the only thing that would change is the recommended alternative. Mr. Weaver noted that NCDOT would not work on the project to the point where it would lock itself in.
Mr. Horton asked if it was true that NCDOT’s long-standing policy was not to build an improvement over the objection of a local government. Mr. Weaver replied that he did not know. Mr. Horton said that he believed this was the policy.
Council Member Bateman explained that she had voted against NCDOT’s recommendation because the transportation projections for 25 years showed only a 7,000-trip increase. Commenting that this seemed small to her, she asked Mr. Weaver to respond. Mr. Weaver explained that NCDOT looks at levels of service—which had shown low ratings with the three-lane alternative and better ratings with the four-lane alternative. The higher the level of service, he said, the safer the road.
Council Member Foy inquired about the subject matter of NCDOT’s public hearing scheduled for the summer. Mr. Weaver replied that it would be held after they finish the environmental assessment. He said it would show exactly what they are proposing to build, based on the recommended alternative in the environmental assessment. Council Member Foy asked if there would be a hearing if there were no agreement between the Town and NCDOT. Mr. Weaver said that there would not be.
Council Member Ward asked where traffic lights would fit into the design. Mr. Weaver replied that NCDOT’s traffic engineering branch would assess that and that traffic signals would be kept and upgraded. He added that some new areas, such as Sunrise Lane, would be signaled.
Council Member Evans proposed amending the motion to include looking at Weaver Dairy Road Extension alone. Council Member Brown refused, arguing that this was a separate issue that should be left to a later time.
Council Member Brown reiterated her motion.
COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER WARD, TO FORM A DELEGATION TO GO TO THE SECRETARY OF NC/DOT AND REQUEST THAT THEY IMPLEMENT THE COUNCIL’S INITIAL DECISION. THE MOTION WAS ADOPTED (7-1) WITH COUNCIL MEMBERS BATEMAN, BROWN, FOY, PAVĂO, STROM, WARD, AND WIGGINS VOTING AYE, AND COUNCIL MEMBER EVANS VOTING NAY.
Item 8 - Follow-up Report on Aquatics Issues
Mr. Horton stated that the staff’s report described an aquatics program that would hold costs to a reasonable level and provide facilities to meet the variety of needs that were expressed by the public and recognized by the Aquatics Committee. He noted that this includes a competitive pool (25 yards by 25 meters and ranging from 4-1/2 feet to six feet), a family warm water pool, seating, and 105 lockers in each of the men’s and women’s areas. Mr. Horton noted that the architect was available with sketches if the Council wanted to see them. He pointed out that the cost estimate was intentionally conservative.
Council Member Bateman, speaking for the Mayor’s Committee on this project, expressed appreciation to Mr. Horton for honing in on the information needed. She said that the Committee had endorsed the Manager’s recommendation.
Council Member Ward stated he supported the Manager’s recommendation as well, but added that he had been upset by an email from John Covach, chair of the Aquatics Task Force, which indicated a significant sense of disillusionment about the process.
Council Member Ward suggested allowing the Aquatics Task Force to see the Manager’s recommendation before sending it to the County Commissioners.
Mayor pro tem Pavăo also expressed concern about Mr. Covach’s letter, but noted that the Manager’s recommendation allows the Town to do something that is “almost affordable.” He noted that some of the Aquatics Task Force’s recommendations had been far out of the Town’s financial reach. Mayor pro tem Pavăo also warned against delaying too long before sending it to the County.
Council Member Brown argued against going to the County Commissioners before obtaining more information. She expressed resentment over having been informed in a memo about the Mayor’s Committee and stated that the issue needed more public discussion about funding. Council Member Brown suggested forwarding the Manager’s recommendation to the Aquatics Task Force for comment before sending it to the County Commissioners.
Council Member Foy praised the idea of forming a Mayor’s Committee to distill options, noting that the Town Council had not been making progress prior to that. He said that the Aquatics Task Force and the public had not been cut out of the decision-making process since the proposal takes components of their advice and tries to make a realistic assessment about what the Town can afford. Council Member Foy noted that the Town Manager’s proposal was about half the price of what the Town had been looking at before.
Council Member Foy expressed surprise at the view that there had not been sufficient input. He noted that the Capital Needs Tasks Force would be meeting the following week and pointed out that delaying this might mean that the Council would lose the opportunity to present even this option and receive funding from Orange County. Council Member Foy advised Council members to make a decision. He recommended sending the resolution to the Capital Needs Task Force.
Mayor pro tem Pavăo agreed that the Town would not have the money to do this without sending it to the Capital Needs Task Force. He commented that the Mayor’s Committee had been appointed because it had been left up to the Town Council to decide what to do.
Council Member Wiggins inquired about timing to the bond committee. Council Member Foy replied that he thought the committee would be finished with its work early in May. The Commissioners would then hold public hearings, he said, before adopting their budget in June. Council Member Wiggins asked when information would have to get to the bond committee. Council Member Strom replied that May probably would be too late since there is much competition for those funds. He stressed that the Town Council should be clear and united from the start as to what its intentions are.
Council Member Brown inquired about what had already been sent to the County. Mr. Horton replied that a listing of dollar amounts had been sent, along with a statement that the Town would send something more specific regarding the pool before asking for a specific amount.
Noting that the School Board had revised its requested amount of bond money, Council Member Evans agreed that it was important to move ahead as soon as possible. She expressed sadness that the Advisory Committee chairman was feeling left out of the process, but pointed out that it was the Council’s responsibility to make a decision. Council Member Evans described the problems as a breakdown in communication that should be remedied, but stressed that the Town Council had followed its usual process.
Council Member Bateman apologized to Mr. Covach, adding that if she were in his position she probably would be annoyed over not being informed after working so hard on the project. She noted, though, that the Council had been committed to finishing this by March. Council Member Bateman stated that Mayor Waldorf had solicited verbal support from the Chapel Hill/Carrboro School Board and from Carrboro’s Mayor Nelson.
Council Member Ward determined that there would be no more Council meetings before the bond committee would convene. He commented on the value of the goodwill of the people who sit on citizen advisory groups and again noted that the Advisory Committee had not been adequately included at the end of this process. Council Member Ward suggested that the Town do what it can to get the Advisory Committee’s input before moving forward on this.
Mr. Horton replied that the first opportunity to do that would be March 26. Council Member Ward asked if it would be possible to “hold a place” at next Thursday’s meeting, pending a meeting with the Advisory Committee on March 26. Council Member Strom agreed to try to do so if that was what the Town Council wanted.
Mayor pro tem Pavăo asked what the Council would do if the Advisory Committee came back with a suggestion for a $12 million pool. Council Member Ward said that he wanted to give them an opportunity to react to the results of their efforts.
Council Member Brown recalled that at the last meeting on this subject the Council had planned to go to the governing bodies to find out if there was any funding support. She again said that she was concerned about the process and about being informed by memo that a Mayor’s Committee had been formed. Council Member Brown said that she was more concerned about that than about timing.
Council Member Foy replied that groups, including the School Board, had been contacted. He noted that the issue of money was the continuing problem, since no one would fund a $9 million or $12 million dollar pool. Now, Council Member Foy pointed out, there was a solid number that the Town could take forward to the County’s Capital Needs Task Force. He explained that he had planned to move the resolution himself but was willing to defer that in the interest of having the Council united on this issue. He warned, though, that the longer they wait the more they might jeopardize funding.
Council Member Wiggins said that she was prepared to support the resolution because she wanted to get in on the competition for dollars early. Noting that Council Member Bateman had just apologized to Mr. Covach, she suggested asking Mayor Waldorf follow up with a letter to each of the Aquatics Committee members. Council Member Wiggins acknowledged that Council Member Brown’s concerns were important, but suggested addressing that concern by admitting the mistake rather than holding up the process.
Council Member Evans noted that the School Board and the Town of Carrboro had supported the project but were not able to help fund it. She asked the staff if the Aquatics Committee had made presentations to anyone else. The staff replied that they had not. Council Member Evans said that she agreed with Council Member Wiggins that the Council should move ahead.
Council Member Strom also suggested that the Council move forward, noting that the project would accommodate future additions to the structure. He pointed out that this would be a first step and that there would be opportunities to incorporate all of the Committee’s ideas later on.
Council Member Ward said that he would support the motion if the Council agrees to make a concrete apology to the Aquatics Committee members regarding the way the process had been handled. He also asked that the Mayor’s letter show appreciation for the Aquatics Committee’s work and assure them that it was significant and valued. Mayor pro tem Pavăo expressed confidence that Mayor Waldorf would write such a letter. He added that he would be happy to do so himself.
Council Member Brown explained that she would vote against the resolution because of the way the process had been handled, not because she opposed the pool.
Council Member Bateman asked if the staff expected a response from any Town committee during the design phase. Mr. Horton replied that the Council could appoint a committee to do so, but that usually the design is brought to the Council for a decision. He noted, though, that a committee had worked on the design of the Town Library. He said that a Council committee had also worked on the design for Town Hall.
COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT R-12. THE MOTION WAS ADOPTED 7-1, WITH COUNCIL MEMBERS BATEMAN, EVANS, FOY, PAVĂO, STROM, WARD, AND WIGGINS VOTING AYE, AND COUNCIL MEMBER BROWN VOTING NAY.
A RESOLUTION ADOPTING A CONCEPTUAL PROGRAM FOR THE HOMESTEAD PARK AQUATIC/COMMUNITY CENTER AND REQUESTING THE ORANGE COUNTY COMMISSIONERS TO AUTHORIZE FUNDING (2001-03-05/R-12)
WHEREAS, the Council of the Town of Chapel Hill has considered various elements that might be included in a community aquatics center; and
WHEREAS, the Council has determined that certain features are essential for such a center;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts a conceptual program for a community aquatics center that includes:
-Competitive Pool: 25 meters by 25 yards, 4.5 to 6 feet in depth
-Family/Warm Water Pool: 25 yards by 10 yards, 0 depth to 4 feet
-Deck: 24’ at bleachers, 20’ at front, 10’ at other locations
-Locker Rooms: 108 lockers, 10 showers, 1 handicap shower and 1 handicap toilet for each gender
-Family and Disabled Lockers: 12 lockers, 2 handicap showers and 1 handicap toilet
-Office
-Classroom
-Reception and waiting areas
BE IT FURTHER RESOLVED that the Council requests the Board of Commissioners of Orange County to release $855,000 in 1997 Park Bond funds and to designate $3,500,000 of funding in its prospective 2001 bond issue to complete the funding needed for the aquatics center.
This the 5th day of March, 2001.
Item 9 - Calling a Public Hearing for Consideration
of Privilege License Ordinance Changes
Mr. Horton introduced Town intern David Bone, whom he described as a student, a worker, and a family man who works and volunteers part-time for the Town. Mr. Horton then introduced Assistant Finance Director Kay Johnson to present the report.
Ms. Johnson explained that the Town’s privilege licenses bring in about $45,000 annually. She said that 60% (1,000) of the business licenses in Chapel Hill are established and limited by State statute. The other 40% (700), she said, fall into the “miscellaneous category,” where municipalities have the option of choosing the amounts and methods of charging for those licenses.
Ms. Johnson explained that the Town had historically charged $10 for licenses in the miscellaneous category but that other cities in the State had either increased the charge or changed their methods of charging.
Ms. Johnson explained that the Town could increase the fee or change to a fee structure (“gross receipts method”) that is graded by the size of the business. She explained that under the gross receipts method the smallest business would be charged $25, the largest businesses would be charged $200 for a million-dollar company. Ms. Johnson noted that the resolution recommended making minor changes on businesses that have been regulated by State statute and adding clearer language on how to collect privilege licenses.
Ms. Johnson suggested that businesses be given an opportunity to react to these proposed changes. She noted the recommendation that there be a public forum and that the Town specifically invite businesses that pay the miscellaneous fee to comment on the proposed changes.
Council Member Evans asked if there were situations where someone with a home occupation would pay a privilege license. Ms. Johnson replied that if they fall into one of the legal categories that the State defines under schedule B, or if they fall under the miscellaneous category, then they pay those fees. Council Member Evans suggested that there were some who were not aware of this obligation. She recommended adequately publicizing this item so that the public knows who should be affected. Mr. Horton stated that notices could be sent to those who are registered.
Council Member Evans asked about those who are not registered. Mr. Horton pointed out that since those people already are cheating the system the Town does not know who they are. Council Member Evans endorsed bringing this issue to the public’s attention in any way possible. Ms. Johnson explained that Mr. Bone had been painstakingly going through a list of businesses and checking them against a list of those paying privilege licenses. Council Member Evans replied that this was what she wanted to hear.
Council Member Strom praised the report and supported changing the fees to reflect what had become standard in the State. He asked to see an additional option, though, basing the fee on gross receipts in increments of $1,000. This would make it more like sister cities, he said, and make it more equitable and reflective. Mr. Horton agreed to do so.
Council Member Ward pointed out that small businesses pay a bigger percentage than large businesses. He asked if that could be rectified. Council Member Ward also asked how private/public partnerships on University property would fit into the scheme. Mr. Horton replied that the University had in the past allowed private parties to construct private improvements on University land and that those improvements were taxable, at least for a period of time. He explained that those improvements would be subject to property tax. Mr. Horton added that a private enterprise conducted in those facilities would be subject to a privilege fee as well. He stated that this was consistent with the Town’s intent in the ordinance and with what University officials had stated.
Council Member Evans inquired about the process. Mr. Horton explained that there would be a proposal on the table before the public forum so that people could comment on the specifics.
Council Member Strom reminded Council members about his request for options regarding the fee schedule.
COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT R-13 AS AMENDED BY COUNCIL MEMBER STROM TO REQUEST OPTIONS REGARDING THE FEE SCHEDULE. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
A RESOLUTION CALLING A PUBLIC FORUM ON PRIVILEGE LICENSE FEES (2001-03-05/R-13)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby calls a public hearing for March 28, 2001, at 7:00 p.m. in the Council Chamber of the Town Hall, 306 N. Columbia Street, for the purpose of accepting public comment on a proposed amendment to the Town’s privilege license fee structure.
This the 5th day of March, 2001.
Item 10 - Durham-Chapel Hill Work Group
Resolution of Cooperation
Council Member Brown recommended that the Council adopt these two resolutions, along with Attachment #1.
Council Member Strom agreed that there was no significant difference between the County language and the language in Attachment #1. He recommended that the Council come back at another time for other amendments, with other jurisdictions joining the group. Council Member Strom suggested adding “Water & Sewer Issues” as III E in the list of common concerns in Attachment #1. These issues are important when doing joint planning, he said.
Council Member Ward wondered if making additions would hold up the process. Mr. Horton recommended that the differences be resolved at the next meeting, after which the parties could go back and adopt resolutions by their respective councils. Mr. Horton said that he did not think it mattered which resolution was adopted tonight as long as it was in the spirit of the agreement. Council Member Brown moved R-14a, with the intent of resolving whatever differences at the next Chapel Hill/Durham workgroup. She agreed to include Council Member Strom’s suggestion.
COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER STROM. TO ADOPT R-14a, WITH COUNCIL MEMBER STROM’S AMENDMENT. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
A RESOLUTION REVISING THE DURHAM-CHAPEL HILL WORK GROUP “RESOLUTION OF COOPERATION” (2001-03-05/R-14a)
WHEREAS, the City of Durham, Durham County and Chapel Hill established a discussion group to enhance communication among elected officials of Durham and Chapel Hill; and
WHEREAS, Orange County has been participating informally in these discussions; and
WHEREAS, the Work Group recommends that the respective jurisdictions update the original Resolution of Cooperation;
NOW, THEREFORE BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the revised “Resolution of Cooperation” included as Attachment 1 to the Council’s memorandum dated March 5, 2001.
This the 5th day of March, 2001.
Consent Agenda Items Pulled for Separate Consideration
Regarding Agenda item 4b pulled earlier in the evening, Council Member Bateman questioned the policy of discouraging the use of Town Library space for recurring meetings by non-profits. Mr. Horton explained that there was such demand for meeting space that a policy that allowed groups to tie up a space for a specific date and time on a continuing basis would make it difficult for any new group to use the facilities. He added, though, that the Town could experiment with a different policy if the Council wished to do so.
Council Member Bateman asked if the Parks and Recreation Department would be precluded from using the space on a regular basis. Mr. Horton replied that they would not because they are a Town department. He explained that this also applies to standing groups, ad hoc committees, and task forces appointed by the Council. Mr. Horton said that the Town preserves space for those groups by not allowing any group to reserve a space at a particular time on a continuing basis.
Council Member Ward asked if there was any hierarchy among the non-community groups that reserve space. Library Director Kathy Thompson said she was not aware of any competition problems that would require a hierarchy to be established. She explained that professional organizations meet at the Library, the State library holds workshops there, and State engineers and transportation organizations also use the space.
Mr. Horton asked Town Clerk Joyce Smith if she was aware of any problems. Ms. Smith replied that the Town had not encountered any difficulties with outside groups.
Council Member Ward inquired about the scheduling of other meetings in other Town buildings. Ms. Thompson replied that staff members had drawn up a grid of available Town meeting space, which would help with this problem. Mr. Horton added that the grid would be posted on the web so that citizens would have access to it.
COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT R-4. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
A RESOLUTION APPROVING THE GENERAL MEETING ROOM POLICY FOR THE TOWN OF CHAPEL HILL (2001-03-05/R-4)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the General Meeting Room Policy for the Town of Chapel Hill as presented to the Council on March 5, 2001.
This the 5th day of March, 2001.
Item 11 - Petitions
1. Council Members Bateman and Wiggins requesting an inventory of the Town’s Apprenticeship Opportunities.
COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER WARD, TO RECEIVE AND REFER THE PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0)
2. Mayor pro tem Pavăo requesting an energy policy in the Comprehensive Plan.
COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER FOY, TO RECEIVE AND REFER THE PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
The meeting adjourned at 9:22 p.m.