SUMMARY MINUTES OF A BUSINESS MEETING

OF THE CHAPEL HILL TOWN COUNCIL

WEDNESDAY, OCTOBER 10, 2001, AT 7:00 P.M.

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

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

Council Member Flicka Bateman 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, Library Director Kathy Thompson, Development Coordinator Chris Berndt, Assistant Library Director Mark Bayliss, Parks and Recreation Director Kathryn Spatz, and Town Clerk Joyce Smith.

Item 1 - Ceremonies: None

Item 2 - Public hearings: None

Item 3 - Petitions by Citizens and Announcements by Council Members

a.      Petitions by citizens on items not on the agenda.

3a(1). Tiffany Kiernan, Alice Teich and Florian Moeller on behalf of the Student Environmental Action Coalition (SEAC) and The Boiling Point, a progressive student publication.

Ms. Kiernan, SEAC co-chair, reminded the Council that she had petitioned them before regarding a design contest and had proposed turning Parking Lot #5 into a Town Center.  Ms. Kiernan said that UNC students wished to be more integrated into the Town.  She pointed out that having a Town Center at that location would help achieve that goal.

Ms. Teich suggested that the Town ignore arguments of economic rationalization and focus instead on the quality of life in Chapel Hill.  She argued that a Town Center would not affect property values and would maximize the land's use.  Ms. Teich stated that more offices would not increase Chapel Hill's quality of life, but restaurants, snack shops, performing arts areas, public forums, poetry readings, cafes and a place to just hang out would do so.

Mr. Moeller suggested making the Town of Chapel Hill's "great quality of life" more than just an image. He recommended against turning Lot #5 into another place that would be "no place."  Mr. Moeller said that this is what had been done with the "under-utilized" Rosemary Street Parking Deck.

Mayor Waldorf noted that this item was on the Council's agenda tonight.  She invited the speakers to attend the workshop that the Council would approve tonight.

b.    Petitions by citizens on items on the agenda. 

3b(1).  Mr. Denny Cook and Mr. Steve Caolo regarding flooding at Colony Woods.

Mr. Cook showed a video documenting a flooding problem in his neighborhood, where a ton of groundwater tries to feed into an eighteen-inch diameter pipe.  Mr. Cook showed the water backing into his yard and flooding his home.  He explained that the retention pond that is intended to overflow once every hundred years was doing so three times per year, on average.  Pointing out that the water needs to be held back and controlled in a steady stream or it needs to be let out faster, Mr. Cook said that he had called the Engineering Department many times and not gotten a favorable response. He added that he had also spoken to the Code Enforcement officer and had not received much response there either.

Council Member Wiggins determined from Mr. Cook that he lives at 507 Colony Woods.  He noted that that there were three homes being flooded in his neighborhood.   Council Member Evans asked the Manager if this was the same house (the Denton's) that the Council had heard about before. Mr. Horton replied that it was, but Mr. Cook said that his neighbor had bought the Denton house.

Mr. Cook pointed out that the Denton's had spent thousands of dollars on home repairs.  He said that probably was why they had moved.  Mr. Cook stressed that he did not understand why the Town had put an eighteen-inch pipe in when they had the whole thing opened up.

Steve Caola, a 28-year resident of 505 Colony Woods Drive, said that run-off had worsened over the last couple of years. Mr. Caola explained that he had replaced his air conditioner and furnace, and had two sump-pumps under his house.  He said that the Montessori School above him had spent much money trying to redirect water, but that its efforts had not worked.  Mr. Caola recommended that the Town find a way to enable the outlet system to handle more water. Noting that this might cause some downstream issues, he emphasized that it had to be done.  

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

3b(2).  Aaron Nelson, speaking on behalf of the Chapel Hill/Carrboro Chamber of Commerce, regarding the Noise Ordinance.

Mr. Nelson expressed disappointment that the Noise Ordinance had been adopted ahead of schedule without citizens having an opportunity to comment.  He said that he hoped an effort would not be made to modify the ordinance without folks being able to contribute and make their points.

3b(3).  Mr. Ed Harrison, regarding the NC 54/I-40 Corridor Study.

Mr. Harrison noted that he had come to the Council on February 26th and requested that the Council send a letter to Durham County regarding the corridor.  He said that he was now asking that a similar letter be sent to the City of Durham.  Mr. Harrison noted that Durham City Schools had decided to buy thirty-eight acres on the site of the Ephesus Church Road transit station, part of which is 800 feet from Chapel Hill city limits.  He explained that this will open in summer of 2004, and would put public sewer into an area, which has not, had it extended there since the late 1980s. Mr. Harrison asked that the Council ask the various planning departments to work with Chapel Hill residents and professional groups.  He recommended that a joint planning agreement be referred to the Durham/Chapel Hill/Orange Work Group, which is scheduled to meet on December 12th.

Mayor Waldorf asked if Mr. Harrison was petitioning the Council to send a letter to the Mayor of Durham asking for a formal joint planning process and that conversations begin at the next meeting of the Chapel Hill/Durham Work Group.  Mr. Harrison said that was correct. Mayor Waldorf asked if someone from Chapel Hill needed to go to the October 15th meeting and say something.  Mr. Harrison replied that this would help.

Council Member Strom commented that this was a serious issue.  He noted that the Town had had success with joint planning in Orange County and that it would be a success just to engage in these conversations with Durham.  Council Member Strom recommended acting quickly on this, and Mayor Waldorf agreed to write the letter the next day if the Council so directed.

Council Member Brown noted that this item would be the first one on the agenda for the next Chapel Hill/Durham Work Group.  She said that a letter from the Mayor would add to making it an important item.  Mayor Waldorf agreed to address the letter to Mayor Tennyson and Chairman Miriam Black, and to send copies to all members of the Chapel Hill/Durham Work Group.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER STROM, TO HAVE THE MAYOR WRITE A LETTER TO THE COUNTY COMMISSIONERS. THE MOTION WAS ACCEPTED BY CONSENSUS.

c.   Announcements by Council members.

3c(1).  Council Member Foy.

Council Member Foy announced that the Greene Tract Committee had held its first meeting on Monday and had agreed to hold a public forum on November 15th at 7:00 p.m., at the Southern Human Services Center.  He said that all public officials were encouraged to come because this would be a substitute for the Assembly of Governments meeting previously scheduled on October 29th but cancelled.   Council Member Foy said that the Committee would put forward three potential uses: open space, low-impact active recreation, and affordable housing.  

3c(2)  Council Member Strom.

Council Member Strom invited Council members and the public to the opening of the Homestead Dog Park at 10:30 on Saturday, October 20. 

3c(3)  Mayor pro tem Pavão.

Mayor pro tem Pavão noted that the Schools and Land Use Committee meeting scheduled for that evening had been cancelled, but would most likely be rescheduled before the end of October.

Item 4 – Consent Agenda

MAYOR PRO TEM PAVAO MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT THE CONSENT AGENDA, RESOLUTION R-1.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES (2001-10-10/R-1)

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:

a.

Adoption of Minutes of August 27 and 29.

b.

Nominations to Economic Development Commission, Human Services Advisory Board, Personnel Appeals Committee and the Transportation Board (R-2).

c.

Consideration of Expedited Processing and Fee Waiver for Special Use Permit Modification for Recycling Facility at the Eubanks Road Landfill (R-3).

d.

Establishment of a Project Ordinance for the 2001-2002 Capital Fund Program for Public Housing Renovations and Resident Services (O-1).

e.

Resolution Authorizing Disposition of Surplus Property (R-4).

f.

Resolution Applying an Orange County Ordinance within Chapel Hill to Prohibit the Display of Wild or Exotic Animals (R-5a would apply ordinance; R-5b would approve an alternative resolution).

g.

Response to Request to Reduce Speed Limit on Raleigh Road (NC 54) between Burning Tree Drive and the Town Limits (O-2a and O-2b). 

h.

Resolution Establishing Fees for Site Permit Review in OI-4 (R-6).

i.

Resolution Amending the Council Calendar (R-6.1).

This the 10th day of October, 2001.

A RESOLUTION NOMINATING APPLICANTS TO VARIOUS ADVISORY BOARDS AND COMMISSIONS (2001-10-10/R-2)

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

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

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

Economic Development Commission

Leslie Johns

R. L. Juliano

Edwin Mammen

Brian Smith

Robert Ward

Human Services Advisory Board

Mary L. Reeb

Personnel Appeals Committee

Hane Tarris

Transportation Board

Marie Eldridge

Leslie Johns

R.L. Juliano

Christine Khoury

Ruth Ledesma

Jerry Neville

Elizabeth Preddy

This the 10th day of October, 2001.

A RESOLUTION DIRECTING EXPEDITED PROCESSING IN THE REVIEW OF SPECIAL USE PERMIT MODIFICATION APPLICATION FOR ORANGE COUNTY SOLID WASTE MANAGEMENT (2001-10-10/R-3)

WHEREAS, the Town Council has received a petition from Orange County Solid Waste Management, for expedited processing of a Special Use Permit Modification application seeking approval of recycling facilities at the Orange County Landfill; and

WHEREAS, the Town Council finds that there is a significant public interest associated with development of additional recycling facilities;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is directed to expedite processing of a Special Use Permit Modification application for the Orange County Recycling Facilities in a manner that will speed review without sacrificing breadth or depth of analysis.

This the 10th day of October, 2001.

AN ORDINANCE TO ESTABLISH A HOUSING CAPITAL FUND PROGRAM (CFP) PROJECT ORDINANCE (2001-10-10/O-1)

BE IT ORDAINED by the Council of the Town of Chapel Hill that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following project ordinance is hereby established:

Section I

The project authorized is the Capital Fund Project as approved by the Council on April 23, 2001. Funds are as contained in Amendment to Consolidated Annual Contributions Contract between the Town and the U. S. Department of Housing and Urban Development (HUD) dated August 17, 2001.

Section II

The Manager of the Town of Chapel Hill is hereby directed to proceed with the project within the terms of the Contract document(s), the rules and regulations of the U. S. Department of Housing and Urban Development, and budget contained herein.

Section III

The following revenues are available to complete the project:

Capital Fund Program $611,585

Section:  IV

The following amounts are appropriated for the project as follows:

     Administration                                       $ 21,900   

     Dwelling Structures $584,685

     Relocation $    5,000    

    

     Total         $ 611,585

 

Section:  V

The Finance Director is hereby directed to maintain within the Project Fund sufficient specific detailed accounting records to provide the accounting to the U.S. Department of Housing and Urban Development as required by the Annual Contributions Contract and federal regulations.

Section:  VI

Funds may be advanced from General funds for the purpose of making payments as due.  Reimbursement requests should be made to HUD in an orderly and timely manner.

Section:  VII

The Manager is directed to report annually on the financial status of each project in Section IV

and on the total revenues received.

This the 10th day of October, 2001.

A RESOLUTION DECLARING 530 ITEMS OF PERSONAL PROPERTY TO BE SURPLUS PROPERTY, AND AUTHORIZING AND DIRECTING THE DISPOSAL OF SAID PROPERTY IN ACCORDANCE WITH STATUTORY REQUIREMENTS (2001-10-10/R-4)

WHEREAS, Article 23 of N. C. General Statutes and Section 4.16 of the Charter of the Town of Chapel Hill authorizes the Town to dispose of surplus property; and

WHEREAS, the Town desires to dispose of certain items of personal property;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the following items of personal property are hereby declared surplus:

VEHICLES – PUBLIC WORKS FLEET

YEAR MAKE AND MODEL                                                VIN #

1962                            LaFrance Pumper E-25 Truck                                      18273

1975                            LaFrance Pumper T-72 Truck                                      96121

1989                            Ford F700 Dump Truck                                               38811

1990                            Ford F700 Dump Truck                                               28776

1990                            Chevrolet Truck                                                           81142

1990                            Chevrolet Caprice 4S                                                   25289

1991                            Ford F800 Rear Loader Garbage Truck                       12192

1992                            Ford F250 Pickup Truck                                              77800

1992                            Ford F150 Pickup Truck                                              94695

1992                            Ford F250 Pickup Truck                                              94693

1993                            Chevrolet Caprice 4S                                                   19054

1993                            Chevrolet Masons Truck                                              94011

1994                            Ford Taurus 4S                                                            09775

1994                            Chevrolet Caprice 4S                                                   40589

1994                            Chevrolet Caprice 4S                                                   40163

1994                            Ford Taurus 4S                                                            77112

1994                            Ford F250 Pickup Truck                                              44566

1994                            Ford F350 Truck                                                         29336

1994                            Ford F350 Truck                                                         65550

1994                            Ford F350 Truck                                                         52377

1994                            Dodge Ram 350 Van                                                    37970

1995                            Chevrolet Caprice 4S                                                   59544

1995                            Chevrolet Caprice 4S                                                   59551

1995                            Ford Crown Victoria 4S                                               86092

1995                            Chevrolet Caprice 4S                                                   79995

1995                            Chevrolet Caprice 4S                                                   36675

1995                            Chevrolet Caprice 4S                                                   36766

1995                            Chevrolet Caprice 4S                                                   35912

1995                            International Rear Loader Garbage Truck                     16173

1995                            International Rear Loader Garbage Truck                     16174

1995                            International Rear Loader Garbage Truck                     08298

1995                            Chevrolet Suburban                                                      94346

1995                            Ford F350 Truck                                                         94714

1996                            Chevrolet Caprice 4S                                                   16225

1996                            Ford F150 Pickup Truck                                              82245

1996                            Ford F150 Pickup Truck                                              82244

1996                            Ford F150 Pickup Truck                                              06836

1997                            Ford Taurus 4S                                                            34230

1997                            Ford Crown Victoria 4S                                               34231

1997                            Ford Crown Victoria 4S                                               34233

1997                            Ford Crown Victoria 4S                                               34234

1998                            Ford Crown Victoria 4S                                               32334

1998                            Ford Crown Victoria 4S                                               32336

2000                            Ford Crown Victoria 4S (Wrecked – Totaled)  04292

TRANSPORTATION FLEET

1988                            Chevrolet Pickup                                                          38575

1992                            Ford Station Wagon                                                     96453

1992                            Dodge Lift Van                                                 35080

1992                            GO-4 3-Wheeler                                                          44276

1994                            Oldsmobile Station Wagon                                           68520

1996                            Dodge Lift Van                                                 70416

1996                            Oldsmobile Station Wagon                                           51106

1997                            Ford Station Wagon                                                     15782

1997                            Dodge Van (15 Passenger)                                           46734

1997                            Ford Station Wagon                                                     15783

1997                            Ford Pickup Truck                                                       90500

MISCELLANEOUS PARTS AND TOOLS

Old Cabinet (1)

Jack Stand (Broken) (1)

Transmission Jack (1)

Generators (2)

Tool Box (1)

Boom Pole For Forklift (1)

Engine Stand (1)

Cherry Picker (1)

Valve Grinder (1)

Jack Stands (7)

Wheel Dolly (1)

Chain Saw (1)

Pallets Miscellaneous Parts (2)

Pallets Miscellaneous Bus Parts (2)

Set of Ratchet Bolt Cutters (1)

Truck Bed Tool Boxes (4)

EQUIPMENT

1984                Kubota Mower/Tractor 11012

1984                Ford Tractor/Mower 17727

1990                Case Backhoe CK580 22294

1993                Blade Chipper 2861

1995                Old Dominion Brush Leaf Vacuum        1946

1995                Old Dominion Brush Leaf Vacuum    1634

L041 Jacobsen Push Mower (1)

L042 Jacobsen Push Mower  (1)

GTX-XL Toro Push Mower (Recycler) (1)

Echo Backpack Sprayer (1)

Solo Backpack Sprayers (3)

Hudson Sprayers (2)

Hand Sprayers (5)

Water Pumps (2)

1 Hr. Duncan Meters (60)

2 Hr. Duncan Meters (100)

TC-75 Time Base Co-ordination Units (4)

Traffic Signal Controllers (3)

Traffic Signal Heads (7)

Boxes of Pedestrian Lens (8)

Barrel of Flag Poles (1)

Pallet of Miscellaneous Traffic Parts (1)

Office Size Refrigerator (1)

Change Machine (1)

Exercise Bike (1)

Sets of Locks (3)

Vacuum Cleaner (1)

Sarasota Loop Detector (1)

Pallets of Miscellaneous Supplies and Equipment (4)

Equipment for Time Clocks (1)

Roll of Orange Safety Fencing (1)

COMMUNICATION EQUIPMENT

Bag Cell Phones (2)

Stereo Cabinet (1)

Hand Held Radios (5)

Motorola Batteries (2)

Nickel/Cadmium Batteries (4)

Motorola 6-Unit Chargers (2)

Motorola Cell Phone, 911 Only (1)

Multi Line Phone (1)

Panasonic Phones (2)

BellSouth Phone (1)

Comdial Telephone (1)

COMPUTERS AND ACCESSORIES

Monitors (10)

Keyboards (2)

Microsoft Office Windows 95 Copies (16)

Computer Speakers (6)

IBM PS/1 Essential (1)

PowerMac 6100/60 (1)

Monitor Stand (1)

Miscellaneous Computer Cables (1)

Computer Keyboard Wrist Rest (1)

Mouse (3)

Compaq Tower 24X Max (1)

IBM CD Drive (1)

Box Parts from 286 (1)

MacIntosh Centris 610 (1)

PowerMac Soft Windows Software (1)

Bulk Mailer for MacIntosh (1)

Printers (3)

CD Rom Drive (1)

Keyboard Drawer (1)

Pallets of Computers & Printers (14)

OFFICE FURNITURE AND EQUIPMENT

Wooden Desks (2)

File Cabinets (3)

Chairs (Assorted Types) (23)

Calculators and Adding Machines (7)

Book Shelf 4’ (1)

Pallet of Chairs (1)

Lanier Voicewriter Tape Recorder (1)

Pallet Shelving Units (1)

IBM Wheelwriter 5 (1)

Electric Typewriter (1)

Hutch for Desk (1)

Computer/Des/Workstation (1)

(48) Capacity Folding Chair Truck (2)

Office Desk w/Lift Return (1)

Projector Screen (1)

Computer Cabinets (3)

Pallets of Office Equipment and Supplies (8)

MISCELLANEOUS ITEMS

Coffee maker (1)

Microwave (3)

Small Black and White TV (1)

Door Separators (2)

Boxes Uniform Shirts and Pants (3)

Magnetic Wall Pockets (1)

Crutch (1)

Large Wall Clocks (2)

Pool Vacuum (1)

Folding Display Board (1)

Aluminum Ball Rack (1)

Walk Fit Tread Mill (1)

Metal Shelf Base (1)

3x4 Dry Erase Board (1)

Panasonic Speakers (2)

Box Coin Rolls & Coin Roller (1)

Batting Helmets (30)

Ping Pong Table (1)

Miscellaneous Office Supply Items (24)

BE IT FURTHER RESOLVED that the Purchasing Agent of the “Town of Chapel Hill shall be and is hereby authorized to dispose of this surplus personal property in accordance with statutory requirements.

BE IT FURTHER RESOLVED that prior to public auction, the Purchasing Agent is authorized to dispose of any of personal property by sale, lease, exchange, sealed bid, or transfer to other government unit in conformity with N. C. General Statute 160A-274.

BE IT FURTHER RESOLVED that the terms of the sale shall be to the highest bidder for cash, or other forms of cash equivalents acceptable to the Purchasing Agent.  All sales shall be designated final on the day of the auction.

BE IT FURTHER RESOLVED that all items shall be sold on an “as is” and “where is” basis and the Town makes no guarantee or assumes no responsibility for any of the items.

BE IT FURTHER RESOLVED that it shall be a condition of sale that all items purchased shall be picked up and removed from the premises of the Municipal Operation Facility by 3:00 p.m. on the day of the auction.  Successful bidders shall bear sole risk for loss of any items remaining on said premises past the designated time.

This the 10th day of October, 2001.

A RESOLUTION MAKING THE ORANGE COUNTY ORDINANCE PROHIBITING THE DISPLAY OF WILD OR EXOTIC ANIMALS EFFECTIVE WITHIN THE LIMITS OF THE TOWN OF CHAPEL HILL IN ORANGE COUNTY (2001-10-10/R-5a)

WHEREAS, the Committee for Human and Animal Safety petitioned the Council on September 24, 2001, requesting that the Council adopt an ordinance similar to an Orange County ordinance prohibiting the display of wild or exotic animals; and

WHEREAS, Orange County passed the ordinance prohibiting the display of wild or exotic animals on August 14, 2001; and

WHEREAS, North Carolina General Statute § 153A-122 permits the Town, by resolution, to apply any county ordinance within the Town;

WHEREAS, adoption of this resolution would make the Orange County ordinance effective within the Town limits of Chapel Hill in Orange County;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Orange County Ordinance prohibiting the display of wild or exotic animals hereby be made effective within the limits of the Town of Chapel Hill in Orange County.

This the 10th day of October, 2001.

AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES REGARDING SPEED LIMITS (2001-10-10/O-2a)

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

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

            “(3) thirty-five miles per hour:

            (b) Raleigh Road (NC 54) from Burning Tree Drive to the eastern corporate limits.”

This ordinance shall become effective January 1, 2002.

This the 10th day of October, 2001.


AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES REGARDING SPEED LIMITS (2001-10-10/O-2b)

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

Section 1.  Section 21-11, “Speed regulations.” is hereby amended by deleting the following:

            “(3) thirty-five miles per hour:

(a)    South Road (NC 54 Bus.) from Country Club Road to Raleigh Street.

(p)   Raleigh Road (NC 54) from US 15-501 Bypass and NC 54 Bypass to Oakwood Road.”

“(4) forty-five miles per hour:

(a)    Raleigh Road (NC 54 Bus.) from Country Club Road to US 15-501 and NC 54 Bypass.

(b)    Raleigh Road (NC 54) from Hamilton Road to Finley Golf Course Road (SR 1900).”

Section 2.  Section 21-11, “Speed regulations.”  is hereby amended by inserting the following, in appropriate alphabetical order:

            “(2) twenty-five miles per hour

            (i) South Road (NC 54 Bus.) from Raleigh Street to Country Club Road.”

            “(3) thirty-five miles per hour:

            (a) Raleigh Road (NC 54) from Country Club Road to Burning Tree Drive.”

This ordinance shall become effective upon adoption.

This the 10th day of October, 2001.

A RESOLUTION AMENDING THE FEE SCHEDULE FOR DEVELOPMENT REVIEW FEES TO ADD A SITE DEVELOPMENT PERMIT FEE (2001-10-10/R-6)

WHEREAS, the Town Council has adopted a Development Ordinance text amendment which creates a new zoning district: Office/Institutitonal-4; and

WHEREAS, the Town Council has, with the establishment of the Office/Institutional-4 zoning district, created two new types of development applications: 

·        Development Plan, and

·        Site Development Permit.

WHEREAS, the Town Council has determined that application of a development review fee would be appropriate for these types of new applications;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Fee Schedule for Development Review is hereby amended to add the following new fees: 

OI-4 Site Development Permit……………………………..$2600

This the 10th day of October, 2001.

 

A RESOLUTION AMENDING THE COUNCIL’S MEETING CALENDAR TO CHANGE THE DATE OF THE ORGANIZATIONAL MEETING FROM DECEMBER 10 TO DECEMBER 3, 2001 (2001-10-10/R-6.1)

WHEREAS, the Council has expressed an interest in changing the date of the organizational meeting;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council amends the 2001-2002 meeting calendar to change the date of the organizational meeting from December 10 to December 3, 2001.

This the 10th day of October, 2001.

Item 5 - Information Items

The information items were accepted without discussion.

Item 6 - Library Planning Consultant Report

Library Director Kathy Thompson explained that the report included in tonight’s materials was the end result of a two-step process that had begun in 1997 when the Council appointed a Library Needs Assessment Task Force.  She then introduced the Library Board members who had been part of that process:  Chair Bob Schreiner, Vice Chair Bill Holton, Beth Kuwalik, Betsy Wu, former Board member Bitty Holton, and staff members Karen Michael, M.J. Goodrum, and Mark Baliss.  Ms. Thompson then introduced Florida-based consultant Ruth O'Donnell to present her report and recommendations.      

Ms. O'Donnell reviewed her two-part plan, entitled the "Five Year Services Plan: 2001-2006 and Long Term Facilities Needs Through 2020."  She noted that the Council's request that the Library assess its need had been answered in part by a citizen task force.  Ms O'Connell explained that library planning usually is done for three to five years for services and twenty or so years for buildings and facilities.  She reviewed the process so far and explained she had looked at population growth and had arrived at three recommendations.  

Ms. O'Donnell explained that the planning process includes developing a mission, and that its purpose is to emphasize the priorities of public library service that resources will focus on over the next five years.  For Chapel Hill, she noted, these are recreational reading/viewing, general information services, information/programs to support lifelong learning, and instruction in finding, evaluating and using electronic information.  Ms. O'Donnell said that the Library's goals generally echo the mission statement and relate to those four priority areas.

Ms. O'Donnell listed the plan's goals: to review at least annually, to include measurable performance statements, and to use a variety of measures.  The last part of the plan, she said, consists of activities and resource needs - in other words, what the library will do to work towards its plan's goals, and a review of resource needs and projected costs.  She noted that she had used the population for southern Orange County in one set of projections to 2020 and only the Town of Chapel Hill for another. Ms. O'Donnell said that both charts indicated shortfall in needed library facility space.  When both populations are combined, she said, the need is greater than it is for Chapel Hill on its own.  Ms. O'Donnell concluded that the Library would be significantly too small by the year 2010 if these growth projections turn out to be valid.

Ms. O'Donnell recommended that the Town expand existing library space, and emphasized doing that soon.  She recommended working with Orange County to relieve stress on the system, and suggested ways of doing that.  Ms. O'Donnell recommended that space gained through expansion be almost exclusively public use space.  She said that the current staff space should remain adequate.  

Council Member Ward inquired about cooperative arrangements with UNC's library facilities and about distance/electronic access to the library.  Ms. O'Donnell replied that several activities in the plan address those issues, including working out a reciprocal borrowing agreement with UNC libraries and arranging internships.  Regarding distance learning, she said that public libraries were taking on that role.  Council Member Ward asked if a reciprocal arrangement with UNC could be realizable within the next six months or so, and, if so, how would that affect needed square footage.  Ms. O'Donnell pointed out that the library collections were quite different, as were the groups who use them.  Even though it would be good to have those relationships between the UNC and Town libraries, she said, it was unlikely to provide the Town with a much more than it already has.

Council Member Evans commented that the Library was smaller than what the Town needed because of finances at the time it was built.  She pointed out that UNC's library was not easily accessible, and asked that the report be referred to the Library Board and the Manager to come back at the November 12th meeting.

Council Member Brown asked Ms. O'Donnell to expand on her suggestion that Orange County become more involved.  Ms. O'Donnell pointed out that Orange County had a library in Hillsborough and an outlet in Carrboro.  She suggested that a task force of interested parties, including elected official and city and county employees, address the issue of how Chapel Hill has been serving Orange County with its library service and how that could be made more appropriate given the percentage of County residents who make up the total number of registered Chapel Hill Library users.

Council Member Brown asked if Ms. O'Donnell had something in mind beyond getting more financial support.  Ms. O'Donnell suggested a more long-range joint planning direction, where both parties bring issues and decide what they can do about library services together.  

Mayor pro tem Pavão asked the Library Chair if he wished to make a comment.  Chair Bob Schreiner said the Board had been encouraged by the report, which had validated what they believed.  They had not yet studied the final draft, he said, but planned to do so on the following Monday and would make a presentation to the Council on November 12th.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER STROM, TO REFER THE REPORT TO THE MANAGER AND LIBRARY BOARD FOR A RESPONSE ON NOVEMBER 12TH.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Item 7 - Follow-up Report on Development Ordinance Revision Project

Town Planning Director Roger Waldon noted that many at a previous Council meeting on September 20th had asked for more time to consider the draft ordinance and to understand the possible impacts.   Therefore, he said, Option A (to approve the ordinance tonight) probably would not be acceptable.   Options B & C would extend the contract with the consultant, he said, and explained that the difference between them was whether the Council would offer direction in November or January.  Mr. Waldon reported that the staff had recommended R-7, with Option B or C, and O-3, which would allow the Planning Department to extend the contract with consultant Mark White for an interactive workshop and creation of a third draft.

Jerry O'Keeffe, Regional Director for PSNC Energy in Chapel Hill, said that his company's position was similar to that expressed in a letter by Scott Gardner of Duke Power, and that they would be sending a letter as well. 

Phil Post, speaking on behalf of the Chamber of Commerce Working Group, estimated that the interactive workshop would take about five hours.  He recommended doing it in late November and offered Chamber offices as meeting space. 

Aaron Nelson, Chamber Director, suggested that trying adopt this before seating the new Council would be moving too fast. He requested that more time be given to it. 

MAYOR PRO TEM PAVÃO, NOTING THAT HE HAD RECEIVED CALLS FROM CITIZENS WHO WERE IN FAVOR OF SLOWING THE PROCESS DOWN, MOVED R-7 WITH OPTION C.  COUNCIL MEMBER EVANS SECONDED THE MOTION.

COUNCIL MEMBER BROWN OFFERED A SUBSTITUTE MOTION FOR R-7 WITH OPTION B.  COUNCIL MEMBER STROM SECONDED, STATING THAT THE COUNCIL SHOULD ATTEMPT TO MOVE FORWARD ON THE SCHEDULE AS OUTLINED IN B.

Council Member Ward spoke in favor of Option C, arguing that those who are going to vote on it should see the third draft.

Council Member Brown said that it was important for the present Council to set these policy decisions.

Mayor pro tem Pavão commented that it would be imprudent to rush this document just so that this Council could vote on it.

Council Member Evans commented that she understood why outgoing Council members would want to have input.  She pointed out, though, that the new members who will be working with the document need to understand it and deserve the right to vote on it because they will be implementing it.

THE SUBSTITUTE MOTION FAILED (3-5) WITH COUNCIL MEMBERS STROM, BROWN, AND FOY VOTING AYE, AND WIGGINS, WARD, EVANS, WALDORF AND PAVÃO VOTING NAY.

 

THE MAIN MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION ADJUSTING THE PROCESS AND TIMETABLE FOR COMPLETION OF A REVISED DEVELOPMENT ORDINANCE (2001-10-10/R-7)

WHEREAS, the Town Council has initiated a project to revise Chapel Hill’s Development Ordinance, with a target date of completion by November, 2001; and

WHEREAS, the Town Council has determined that additional time is needed for review and discussion of draft materials;

NOW, THEREFORE, BE IT RESOLVED that the Council directs the Town Manager to adjust the schedule for this project as described in Option C in the staff memorandum of October 10, 2001.

BE IT FURTHER RESOLVED by the Council of the Town of Chapel Hill that the Council directs the Manager to extend the Town’s contract with consultant Freilich, Leitner, and Carlisle to perform work as described in this option.

This the 10th day of October, 2001.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT O-3.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2001” (2001-10-10/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, 2001” as duly adopted on June 25, 2001, be and the same is hereby amended as follows:

ARTICLE I

  Current Revised

APPROPRIATIONS Budget                Increase           Decrease Budget

GENERAL FUND

           

            Planning 1,053,028                  20,000                                      1,073,028

ARTICLE II

Current Revised

REVENUES Budget                Increase           Decrease Budget

GENERAL FUND

           

            Fund Balance 1,611,201                  20,000                                      1,631,201

This the 10th day of October, 2001.

Item 8 - Process for Developing a Design Workshop and Request for

Proposals for Developing Town-Owned Downtown Parcels

Mr. Waldon explained that this was a multi-faceted item with many ideas folded into it, such as employer/employee housing, Town-owned land, and the Downtown Small Area Plan.  He outlined the three-step approach that the Council had arrived at:

1.  Look at the possibilities for creating a visual model of Downtown that would help everyone understand the possibilities.

2.  Convene a design workshop with a focus on a couple of development opportunity sites.

3.  Request proposals for one of the parcels.

Regarding a virtual model for visualization, Mr. Waldon displayed samples of how it could be done by modifying photographs or through three-dimensional simulation.  He showed examples of a simulation created by Designvis, based in California, but pointed out that a company in Raleigh that had just done this for the Town of Cary.  Mr. Waldon said that the computerized approach would cost about $2,500 and the photographic one would be about $9,000.  He suggested holding a workshop for two weekends, back to back, and then bringing all of the resulting material back to the Council for consideration.

COUNCIL MEMBER FOY MOVED R-A, WITH MODIFICATION OF THE LAST BULLET TO SAY, "ENHANCE AND EXPAND PUBLIC SPACES AND OPEN SPACES…." COUNCIL MEMBER EVANS SECONDED.

COUNCIL MEMBER WARD OFFERED A FRIENDLY AMENDMENT TO ADD "BIKE AND PEDESTRIAN" TO THE LAST BULLET.  THE MOVER AND SECONDER ACCEPTED.

Council Member Brown asked if she was correct in remembering that the Council had said it was important to know if the University was going to participate in employer/employee housing.  Several Council members said they did not recall that, and Mayor pro tem Pavão replied the University had said they were still interested in the concept but were not too keen on the Curzan Plan.  Mr. Horton said that was correct.

Council Member Brown asked to include the students' proposal for Parking Lot #5 somewhere in the goals.  Council Member Foy suggested referring the students' comments along with the resolution.  Council Member Brown suggested adding a last bullet including the students, but Council Member Foy pointed out that since the Sierra Club had also made suggestions the Council should not take one group's comments over another.

Council Member Wiggins noted that the students should participate in the workshop, and other Council members agreed.

Council Member Foy asked if Parking Lot #3 had been left out on purpose.  Mr. Horton replied that it could be included if the Town Council desired.  Council Member Foy asked to include it. 

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, TO ADOPT R-8A AS AMENDED, WITH COMMENTS, TO THE MANAGER AND STAFF.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION ADOPTING GOALS FOR A DOWNTOWN DESIGN WORKSHOP (2001-10-10/R-8a)

WHEREAS, the Town Council has adopted a Downtown Small Area Plan as a component of the Town’s Comprehensive Plan identifying opportunity areas for downtown development; and has adopted a Comprehensive Plan with a strategy of developing employer-employee housing in the downtown;

WHEREAS, the Town Council has received a report from UniDev, L.L.C., consultants, and considered options for proceeding with a proposal to undertake employer-employee housing at selected locations in downtown; 

WHEREAS, the Council desires to establish goals that will serve as the framework for community input at a Design Workshop to articulate design and use objectives for Parking Lots 2 and 5, and other potential locations identified as Opportunity Areas in the Downtown Small Area Plan;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the following goals for this process:

·        Increase the supply of downtown housing, at a range of prices;

·        Identify appropriate sites for construction of an employer-employee housing development, office and retail space;

·        Promote a higher/better use of Town-owned parcels now used for Parking Lots 2, 3 and 5, and UNC-owned parcels identified in the employer-employee housing concept;

·        Provide sufficient downtown public parking;

·        Stress the preservation of buildings identified in Preservation Areas in the Downtown Small Area Plan;

·        Promote the redevelopment of selected privately owned parcels/areas included in the “opportunity areas” identified in the Downtown Small Area Plan;

·        Identify the desired location of a downtown grocery integrated within a mixed-use development; and

·        Enhance and expand public spaces, open spaces, and bicycle and pedestrian connections downtown.

This the 10th day of October, 2001.

MAYOR PRO TEM PAVÃO MOVED R-8B.  COUNCIL MEMBER EVANS SECONDED.   COUNCIL MEMBER WARD ASKED TO STRIKE "A PHYSICAL SCALE MODEL."  THE MOVER AND SECONDED ACCEPTED.  THE MOTION TO ADOPT R-8B, AS AMENDED, WAS ADOPTED UNANIMOUSLY (8-0). 

A RESOLUTION IMPLEMENTING A PROCESS FOR DEVELOPING A DOWNTOWN DESIGN WORKSHOP AND REQUEST FOR PROPOSALS (2001-10-10/R-8b)

WHEREAS, the Chapel Hill Town Council adopted a Downtown Small Area Plan on March 27, 2000; and

WHEREAS, the Downtown Small Area Plan identifies opportunity areas for development in downtown and recommends the Town develop a computer-aided visualization of the downtown area “for examining downtown issues, opportunities, problems and possibilities;” and

WHEREAS, the Town Council has received a report from UniDev, L.L.C. consultants and concerning a proposal to develop affordable housing, offices and retail on publicly-owned parcels downtown; and

WHEREAS, before moving forward on developing Town-owned properties downtown, the Council desires more input on design and use objectives such as provision of parking, appropriate mix of uses, public space, and building scale and height;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes proceeding with implementation of the process outlined in the October 10, 2001, memorandum for developing a Design Workshop and Request for Proposals.

BE IT FURTHER RESOLVED that the Council authorizes the Manager to pursue developing a specific proposal for Council’s consideration regarding a visual modeling instrument, including potential vendors, cost, and specific locations.

This the 10th day of October, 2001.

Council Member Ward asked Mr. Waldon if there would be a way for people who are not connected to the Internet to get onto the website regarding this.   He asked if it could be put at the Library and/or Community Centers, for example.   Mr. Waldon replied that this would be in keeping with the Town's goal of making information available to a wider audience.  Council Member Ward asked if any of this money would be spent on expertise or tools that could be used again on another project.  Mr. Waldon replied the Town would have the virtual environment and the ability to manipulate it themselves.  Council Member Ward suggested maximizing the learning opportunities so that the Town might be able to do this again themselves on a smaller scale.

Council Member Ward requested information on what it would cost for the Town to train someone to use this technology beyond this project.  Council Member Wiggins stressed that this training should be for current staff.  She added that there was a virtual Chapel Hill on the Internet and that she had been in it.    Mr. Horton said that the staff would find that address and give it to everyone.

Item 9 - Consideration of Financing Options for Moving Umstead Play Area

Parks and Recreation Director Kathryn Spatz stated that the Council had adopted a resolution on August 27th authorizing the Manager to move the existing play structure to a different location within Umstead Park, since there had been periodic flooding and erosion of sand at the existing site.  She presented two financing options: include it in the capital improvement process for next year; or, use the remaining $27,000 from this year's small park and improvement program.  She said that the Department recommended Option A.  

COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT R-9A.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION AUTHORIZING THE MANAGER TO INCLUDE THE RELOCATION OF THE UMSTEAD PARK PLAY STRUCTURE AS A POTENTIAL PROJECT IN THE FY 2002-2007 CAPITAL IMPROVEMENTS PROGRAM BUDGET PROCESS (2001-10-10/R-9a)

WHEREAS, the play structure at Umstead Park is located in the Bolin Creek floodplain and has been repeatedly damaged by flooding; and

WHEREAS, it would be in the best interest of the Town to relocate the structure out of the floodway; and

WHEREAS, the Town will develop a Capital Improvements Program budget for FY 2002-2007;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the proposal to relocate the Umstead Park play structure be included in the Capital Improvements Program process for FY 2002-2007.

This the 10th day of October, 2001.

Item 10 - Appointments

a.       Economic Development Commission.  The Council appointed Robert Ward (six votes).

Orange County Economic Development Commission

Council Members

 

      Applicants

Waldorf

Bateman

Brown

Evans

Foy

Pavão

Strom

Ward

Wiggins

TOTAL

Leslie Johns

                   

R. L. Juliano

       

X

 

X

   

2

Edwin Mammen

                   

Brian Smith

                   

Robert Ward

X

 

X

X

 

X

 

X

X

6*

b.      Human Services Advisory Board.  The Council appointed Mary Reeb (six votes).

Human Services Advisory Board

Council Members

 

      Applicants

Waldorf

Bateman

Brown

Evans

Foy

Pavão

Strom

Ward

Wiggins

TOTAL

Mary Reeb

X

   

X

 

X

X

X

X

6*

c.       Personnel Appeals Committee.  The Council appointed Hane Tarris (seven votes)

Personnel Appeals Committee

Council Members

 

      Applicants

Waldorf

Bateman

Brown

Evans

Foy

Pavão

Strom

Ward

Wiggins

TOTAL

Hane Tarris

X

   

X

X

X

X

X

X

7*

d.      Transportation Board.  There was no majority vote by Council members for the one vacancy.  This appointment will come back to the Council at a later date.

 

Item 11 – Petitions

11(1).  Resolution Directing the Manager to Prepare Cost Estimates to Implement a Comprehensive Bicycle Facility Signage Program and Develop an Educational Program for Pedestrians, Bicyclists, and Motorists (Council Member Ward).

Council Member Ward read a resolution directing the staff to prepare cost estimates, a process, and a schedule for a bicycle facilities signage program and educational program for pedestrians, bicyclists, and motorists.

COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT R-10.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION DIRECTING THE TOWN MANAGER TO PREPARE COST ESTIMATES, PROCESS, AND SCHEDULE OPTIONS FOR IMPLEMENTING A COMPREHENSIVE BICYCLE FACILITY SIGNAGE PROGRAM AND DEVELOPING AN EDUCATIONAL PROGRAM FOR PEDESTRIANS, BICYCLISTS, AND MOTORISTS (2001-10-10/R-10)

WHEREAS, it is the goal of the Town of Chapel Hill to encourage greater use of bicycles and pedestrian movement as safe alternative modes of transportation; and

WHEREAS, it is the goal of the Town of Chapel Hill to promote the safety of bicyclists and pedestrians;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council directs the Town Manager to prepare cost estimates, process, and schedule options for implementing a comprehensive bicycle facility signage program and developing an educational program for pedestrians, bicyclists, and motorists.

This the 10th day of October, 2001.

11(2).  Response to Petition regarding the Advisory Board Process (Council Member Evans).

Council Member Evans asked what would be the appropriate Council action for this.  She wondered if she should move that the Council not proceed with discussions of this item nor require reports form advisory boards.  Town Attorney Ralph Karpinos explained how some confusion had occurred regarding this issue. He explained that the question before Council members tonight was whether, based on what they had learned from him in his August report, they want to rescind their referral to the boards and say that they do not have any plans to receive and take further action.  Council Member Evans explained that she had intended to stop the process, but that it had become complicated.  Mayor Waldorf suggested that Council Member Evans make a motion to the advisory boards saying that the Town Council is not going to do anything about this and hopes the boards will not waste time discussing it.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO RESCIND REFERRAL FROM JUNE 11th AND TO SEND NOTICE TO ADVISORY BOARDS SUGGESTING THAT THEY NOT SPEND TIME ON THIS ISSUE.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

The meeting adjourned at 8:35 p.m.