SUMMARY MINUTES OF A BUSINESS MEETING

OF THE CHAPEL HILL TOWN COUNCIL

Monday, January 14, 2002, AT 7:00 P.M.

 

 

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

 

Council members present were Flicka Bateman, Pat Evans, Ed Harrison, Mark Kleinschmidt, Bill Strom, Dorothy Verkerk, Jim Ward, and Edith Wiggins.

 

Staff members present were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Town Attorney Ralph Karpinos, Assistant to the Manager Bill Stockard, Planning Director Roger Waldon, Parks and Recreation Director Kathryn Spatz, Assistant Parks and Recreation Director Bill Webster, Police Major Tony Oakley, Principal Community Development Planner Loryn Barnes, Senior Long Range Development Coordinator Chris Berndt, Senior Development Coordinator J.B. Culpepper, Inspections Director Lance Norris, Police Chief Gregg Jarvies, Hargraves Center Supervisor Nate Davis, Transportation Planner David Bonk, and Town Clerk Joyce Smith.

 

Item 1 – Ceremonies – None

 

Item 2 – Public Hearing: Consideration of Time Warner Basic Cable Rates

 

Assistant to the Manager Bill Stockard reported that on October 2, 2001, Time Warner Cable notified that the company intended to set the Basic Service Tier rate at $10.10 a month for Chapel Hill customers and $13.40 a month for Durham customers for the upcoming year.  He said that the Federal Communications Commission (FCC) required cable operators to file a basic rate adjustment request with the local franchising authority 90 days prior to the effective date of the proposed change.  Mr. Stockard added that the Town’s cablevision consultant, Adrian Herbst, had reviewed the rates and determined that they were consistent with FCC guidelines.  He said that after receiving public comment this evening, the staff recommended the adoption of Resolution 1, which accepted the cable consultant’s report, and that it was consistent with FCC rules and regulations.

 

MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT RESOLUTION 1.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION ACCEPTING THE CABLE CONSULTANT’S REPORT AND FINDING TIME WARNER CABLE’S PROPOSED 2002 BASIC SERVICE TIER RATES TO BE ACCURATELY CALCULATED ACCORDING TO FCC RULES AND REGULATIONS (2002-01-14/R-1)

 

WHEREAS, Time Warner Cable submitted Federal Communications Commission (FCC) Form 1240 Updating Maximum Permitted Rates for Regulated Cable Services; and

 

WHEREAS, Time Warner submitted FCC Form 1205, Determining Regulated Equipment and Installation Costs; and

 

WHEREAS, the Town of Chapel Hill is certified with the FCC to regulate Basic Service Tier rates provided by Time Warner Cable in franchise NC-0234; and

 

WHEREAS, the Town’s cablevision consultants have reviewed the rates and have determined that they are accurately calculated according to the rules of the FCC;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council accepts the cable consultant’s report and finds Time Warner Cable’s proposed 2002 Basic Service Tier rates to be accurately calculated according to FCC rules and regulations.

 

This the 14th day of January, 2002.

 

Item 3 – Petitions by Citizens and Announcements by Council Members

 

3a(1).  Petition from Cedar Fork Creek Homeowners regarding problems with erosion and flooding.

 

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

 

3a(2).  Petition from Kim S. Carganis, Director of Chatham County Together! (CCT!) regarding request for complimentary community pool passes for program volunteers.

 

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

 

3a(3).  Petition from Dan Coleman regarding the composition of advisory boards.

 

Mr. Coleman said he was present to remind the Council of his petition regarding the composition of advisory boards.  He pointed out that the concerns expressed in his original petition were endorsed by the Chapel Hill Newspaper.  Mr. Coleman said that with a new Mayor and three new members of the Council, he hoped that the philosophy would change soon for appointments, and that, because the advisory boards recommended to the Council names which they would like to see appointed to the boards, Mr. Coleman saw this as a self-perpetuating culture with the boards.  He said the Council members should be the ones to interview potential appointees.

 

Mr. Horton said he recalled that, after advice from the Town Attorney and the advisory boards, the Council had decided not to move forward on this issue at that time.

 

Mayor Foy suggested that the staff re-issue the previous information for further discussion.  

 

3a(4).  Dana Cattani, resident of Chandler’s Green subdivision off Sunset Road, regarding the Carol Woods property.

 

Ms. Cattani read a petition regarding the expansion of the Carol Woods property, and the lack of discussion of how utilities to that development would be provided, noting that the utilities would be provided through the area behind her back yard.  Ms. Cattani said the questions she should have asked at the meetings explaining the new development were:

 

·        How would this new development get its power.

·        Will the 30-foot swath in the forest in her backyard be clear-cut for this purpose.

·        Will her yard and her neighbors’ yards be sprayed with herbicides to maintain the easement.

·        Will bigger, wider, three-phase power lines be installed on her property.

·        Will the utilities be above ground, contrary to the ordinances.

 

She said the answers were positive to her questions, and she questioned whether the utility easements would be created in perpetuity.

 

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

 

Item 4 – Consent Agenda: Action Items

 

Mr. Horton said there was an error in 4i, that the date should be January 28 in the Resolution 9 regarding parking leases.

 

MAYOR PRO TEM EVANS pulled 4f, “Consideration of On-Street Parking in the Glen Lennox Area.”

 

Mayor Foy suggested that the appointment to the University Arts Commission and the Triangle Transit Authority Board of Trustees be voted on, after the Consent Agenda was adopted and Item 4f was discussed.

 

MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT RESOLUTION 2, WITH 4F REMOVED AND 4I AMENDED.

 

Council Member Strom said he wanted to comment on 4i and 4j, before the vote.  He asked the staff to wait until after the Council Retreat on January 18 before they began negotiating the leases of the added spaces.  Council Member Strom said that on 4j in Resolution 10, he wanted to add after the third “Whereas” the words “affordable housing” as a potential use of the space.

 

Mayor pro tem Evans said she would like to add in the same place the words “APS Facility.”

 

THE MOTION AS AMENDED WAS ADOPTED UNANIMOUSLY (9-0).

 

 

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES (2002-01-14/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:

 

a.

Adoption of Minutes (October 22; November 12, 19, and 26; December 3, 2001). 

b.

Nominations to Bicycle and Pedestrian Advisory Board, Board of Adjustment, Human Services Advisory Board, Personnel Appeals Committee, Planning Board, Technology Committee, Triangle Transit Authority Board of Trustees  and the University Arts Common Committee (R-3).

c.

Update on Telephone Service Issues in the Chapel Hill-Durham Border Area (R-4).

d.

Resolution Amending Council Calendar for a March 26 Forum (R-5).

e.

Homestead Aquatics Center: Proposal to Apply for a Parks and Recreation Trust Fund Grant (R-6).

g.

Correction to Personnel Ordinance Section on Grievance Appeals Process (O-2).

h.

Follow-up from December 13 Community Meeting Regarding Hargraves Extraordinary Maintenance Project (R-8a and R-8b).

i.

Amendment of Parking Lease with FGI for Reduction in Number of Leased Spaces (R-9).

j.

Acceptance of Gift of Land (R-10).

k.

Adoption of International Fire Code with North Carolina Amendments (O-3).

 

This the 14th day of January, 2002.

 

 

A RESOLUTION NOMINATING APPLICANTS TO VARIOUS ADVISORY BOARDS AND COMMISSIONS (2002-01-14/R-3)

 

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:

 

Bicycle and Pedestrian Advisory Board

 

Jed Dube

Christine Khoury

Kate Millard

Nancy Milio

Jim Tucker

 

Board of Adjustment

 

Enrique Armijo

Terry Blalock

Susan Franklin

Brian Smith

 

Human Services Advisory Board

 

Larry Daquioag

Julie Pace

Gary Wallach

 

Personnel Appeals Committee

 

Catharine W. Cummer

Larry Daquioag

 

Planning Board

Terry Blalock

Paul Caldwell

Timothy Dempsey

Thatcher Freund

Sally Greene

Suzanne Haff

Nancy Milio

Donald Shaw

Brian Smith

Jim Tucker

 

Technology Committee

 

Jenna McPhee

Donald Shaw

 

Triangle Transit Authority Board of Trustees

 

Richard Franck

Jim Tucker

 

University Arts Common Committee

 

Barbara Barnes

James Cryer

Robert Joesting

Hunter Levinsohn

Linda Passman

Andrew Ross

Susan Simone

Virginia Sullivan

 

This the 14th day of January, 2002.

 

 

A RESOLUTION THANKING THE ORANGE COUNTY LEGISLATIVE DELEGATION, THE N.C. UTILITIES COMMISSION AND ITS PUBLIC STAFF, THE REPRESENTATIVES OF BELLSOUTH AND VERIZON, AND REPRESENTATIVES OF THE TRIANGLE J COUNCIL OF GOVERNMENTS FOR THEIR HELP IN IMPLEMENTING ZERO-RATE CALLING BETWEEN CHAPEL HILL AND DURHAM (2002-01-14/R-4)

 

WHEREAS, many Chapel Hill residents have been required to choose between different telephone calling plans with varying rates to call Durham exchanges, often within their own neighborhoods; and

 

WHEREAS, a new State law will provide zero-rate calling between Chapel Hill and Durham; and

 

WHEREAS, the N.C. General Assembly made zero-rate calling possible by approving revisions to the State tax code, eliminating the telecommunications gross receipts tax that local telephone companies pay and mandating that the savings be used to benefit customers; and 

 

WHEREAS, the Orange County Legislative Delegation supported these tax revisions; and

 

WHEREAS, the N.C. Utilities Commission, acting on the tax revision plan and on recommendations of its Public Staff, granted permission to BellSouth and Verizon to implement zero-rate calling for Chapel Hill and Durham; and

 

WHEREAS, representatives of BellSouth and Verizon have worked to implement these changes by January 1, 2002, and have worked with citizens, elected officials, and Town staff to resolve telephone service issues; and

 

WHEREAS, representatives of the Triangle J Council of Governments have shown consistent support for the implementation of a zero-rate calling plan;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby thanks our Legislative Delegation, the N.C. Utilities Commission and its Public Staff, the representatives of BellSouth and Verizon, and representatives of the Triangle J Council of Governments for their help in implementing zero-rate calling between Chapel Hill and Durham.

 

This the 14th day of January, 2002.

A RESOLUTION AMENDING THE COUNCIL MEETING CALENDAR TO MOVE THE MARCH 27, 2002 PUBLIC FORUM ON THE BUDGET TO MARCH 26, 2002 (2002-01-14/R-5)

 

WHEREAS, the Town Council’s adopted 2001-2002 meeting calendar includes the date of March 27, 2002, as a public forum on the budget; and

 

WHEREAS, the March 27 date coincides with the religious holiday of Passover; 

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby amends the 2001-2002 meeting calendar to move the March 27 public forum on the budget to March 26, 2002.

 

This the 14th day of January, 2002.

 

 

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO APPLY FOR A NORTH CAROLINA PARKS AND RECREATION TRUST FUND GRANT (2002-01-14/R-6)

 

WHEREAS, the State of North Carolina has established a Parks and Recreation Trust Fund grant program; and

 

WHEREAS, the Town is eligible to apply for grants from the program; and

 

WHEREAS, the Town anticipates the construction of the Homestead Park Aquatics Center; and

 

WHEREAS, funds from the Parks and Recreation Trust Fund could enhance the park program;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Manager to apply for a Parks and Recreation Trust Fund grant in the amount of $250,000 and to guarantee matching funding from the existing project budget.

 

BE IT FURTHER RESOLVED by the Council that, if the Town’s grant application is successful, the Mayor is hereby authorized to sign an agreement with the State of North Carolina that would commit the Town to provide recreational services on the Homestead Park Aquatics Center site for a period of 25 years.

 

This the 14th day of January, 2002.

 

 

AN ORDINANCE AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES (2002-01-14/0-2)

 

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

 

Section 1:    Section 14-114 of the Town Code is hereby revised to read as follows:

 

“

Sec. 14‑114     Procedure.

 

The following steps shall be followed in all employee grievances. All grievances must be in writing, either in letter or memo or using a Town of Chapel Hill grievance form; all documents used in the procedure must be dated and signed by the respondent and the recipient. Time limits at every step may be extended by mutual consent.

 

Previous to the first formal step of the grievance and conflict resolution procedure, it is required that employee and supervisor meet to discuss the problem and seek to resolve it informally. This meeting should be scheduled by the employee considering filing a grievance with his or her supervisor, within seven days of the incident or action giving rise to the problem. (Ongoing conditions are not subject to this deadline.)

 

1.         Step 1.  If the informal meeting does not resolve the problem, the employee may file a written grievance within seven (7) days of the meeting. Ordinarily, the supervisor will respond, in writing, within five days of receipt of the written grievance. In some cases, the supervisor may feel that a second meeting would be constructive. If so, the supervisor will schedule a meeting with the employee within five working days of receiving the written grievance, will thoroughly investigate the matter, and will render a written decision on the grievance within five days of the meeting.

 

2.         Step 2.  If the employee is not satisfied with the Step 1 decision, the employee may file an appeal with the department head within five days following receipt of the Step 1 decision. The department head shall, within seven (7)   days, set a date for a meeting which shall be held within a reasonable period of time. The meeting is for the purpose of discussing the grievance fully. The department head will render a written decision on the grievance within seven (7) days of the meeting.

 

3.         Step 3. If the employee, is not satisfied with the Step 2 decision, the employee may file an appeal with the town manager within seven (7) days following receipt of the Step 2 decision. The town manager may, in his or her sole discretion:

 

(a)          Within fourteen (14)  days of receipt of the grievance, set a date for meeting with the employee to discuss the grievance fully, and render a decision on the grievance within fourteen (14)  days of the meeting; or

 

(b)          Refer the grievance to the personnel appeals committee for consideration in accordance with Article XIII.

 

If the Town Manager hears a grievance under Step 3, the Manager will notify the employee if the decision of the Manager may be appealed.  Items for which the Manager's decision under Step 3 would be final include:

 

(a)        appeals of adopted Town or departmental policies themselves (allegedly inconsistent or unfair application of a policy could be appealed);

 

(b)        grievances alleging improper position classification or pay ranges; and

 

(c)        grievances from contract employees and from full-time and part-time employees serving their initial probationary period.

 

4.         Step 4. If the Town Manager elects not to refer the grievance to the Personnel Appeals Committee at Step 3, and if the grievance may be further appealed, the aggrieved employee may appeal to the Committee within seven (7) days of receipt of the Step 3 decision, by filing a Notice of Appeal with the Town Clerk. The procedure set forth in Article XIII shall then be followed.”

 

 

Section 2. This ordinance shall become effective upon adoption.

 

This the 14th day of January, 2002.

 

 

A RESOLUTION AUTHORIZING THE MANAGER TO IMPLEMENT A SCHEDULE FOR EXTRAORDINARY MAINTENANCE OF THE HARGRAVES CENTER AND A.D. CLARK POOL THAT WOULD RESULT IN AN APRIL 2002 CONSTRUCTION START FOR BOTH FACILITIES   (2002-01-14/R-8a)

 

WHEREAS, the Council has adopted a Capital Improvements Program budget that includes renovations for the Hargraves Center and the A.D. Clark Pool; and

 

WHEREAS, the consensus of residents attending the December 13, 2001, community meeting regarding the extraordinary maintenance project was that the Town should proceed with the renovation of both the community center and the pool as soon as possible, even if that were to mean not having the pool open at all in 2002; and

 

WHEREAS, an April start of construction would allow for an earlier completion of work on the project;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to follow a schedule that would result in an April construction start for renovations to the Hargraves Center and A.D. Clark Pool.

 

BE IT FURTHER RESOLVED that the Council authorizes the Manager to submit an application to the Local Government Commission for installment financing of this project and to schedule a Public Hearing.

 

This the 14th day of January, 2002.

 

 

 

A RESOLUTION AUTHORIZING THE MANAGER TO INCLUDE THE RESURFACING OF THE OUTDOOR BASKETBALL COURT ADJACENT TO THE NORTHSIDE GYMNASIUM AS PART OF THE TOWN-WIDE TENNIS AND BASKETBALL COURT RESURFACING PROJECT FOR BID PURPOSES (2002-01-14/R-8b)

 

WHEREAS, the consensus of residents attending the December 13, 2001community meeting regarding the Hargraves Center extraordinary maintenance project was that the Town should resurface the outdoor basketball court adjacent to the Northside Gymnasium; and

 

WHEREAS, this work could be added to the Town-wide tennis and basketball court resurfacing project that is expected to be bid this spring;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to include the project as part of the tennis and basketball courts resurfacing project for bid purposes.

 

This the 14th day of January, 2002.

 

 

A RESOLUTION RATIFYING THE ACCEPTANCE OF A GIFT FROM JOHN ALLEN CATES OF 7 ACRES NORTH OF AND ADJACENT TO THE NEW PUBLIC WORKS SITE RECENTLY PURCHASED BY THE TOWN (Tax Map Parcels 7.19..19G, 7.19..19E, 7.19..21B) (2002-01-14/R-10)

 

WHEREAS,  John Allen Cates and Ann Cates has offered to donate to the Town of Chapel Hill 6.9 acres of land bounded by the Town’s new Public Works Site, I-40 right-of-way and Southern Railroad right-of-way; and

 

WHEREAS, the Town has commissioned a Phase I environmental study which shows no evidence of pollution of the site; and

 

WHEREAS, the site is relatively dry and flat and could be used for a number of things, including open space, affordable housing, and an APS facility;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council ratifies the acceptance of the gift of 6.9 acres of land from John Allen Cates and Ann Cates.

 

BE IT FURTHER RESOLVED that the Town Council expresses its gratitude to John Allen Cates and Ann Cates for their generosity in giving this land to the Town.

 

This is the 14th day of January, 2002.

 

AN ORDINANCE AMENDING CHAPTER 7, ARTICLE II OF THE TOWN OF CHAPEL HILL CODE OF ORDINANCES TO ADOPT THE INTERNATIONAL FIRE CODE (2002-01-14 /O-3)

 

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

 

Section 1.  Chapter 7, Article II,  of the Town Code is hereby amended to read as follows:

 

“DIVISION 1. GENERALLY

 

Sec. 7-15. Adoption.

 

(a)   Adoption of the 1991 Edition of the North Carolina Building Code, Volume V, Fire Prevention International Fire Code (2000 Edition).  There is hereby adopted for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the North Carolina Building Code, Volume V, Fire Prevention, 1991 Edition  thereof and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended, International Fire Code (2000 Edition) (with the North Carolina Amendments as established in 2002 of which code not less than three (3) copies have been and now are filed in the office of the town clerk Town of  Chapel Hill Fire Marshal, and the same are hereby adopted and incorporated as fully as if set out at length herein, and the provisions thereof shall be controlling within the limits of the town and its Extra-territorial planning jurisdiction. 

(b)   Reserved.

(c)    Adoption of the 1995 1996 edition of the National Fire Protection Association’s National Fire Codes, Volumes 1-12.  The National Fire Protection Association’s National Fire Codes, Vols. 1-12, 1995 1996 edition are hereby adopted by reference as technical ordinances. 

 

Secs. 7-16—7-22.  Reserved.

 

Secs. 7-23—7-26.  Reserved.”

 

Section 2.  This ordinance shall become effective upon adoption.

 

This the 14th day of January, 2002.

 

 

Regarding Agenda #4f, “Consideration of On-Street Parking in the Glen Lennox Area,” Rev. Timothy Kimbrough, representing the Church of the Holy Family, asked the Council to refer this item back to the staff to study the effect adoption of the resolution would have on people who use the on-street parking when they used it for Park and Ride, and parking for people attending the church for services.

 

MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO REFER THE ITEM BACK TO THE STAFF FOR FURTHER DISCUSSIONS WITH THE CHURCH.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Mayor Foy suggested that the Council appoint a Council member as the Town’s representative to the Triangle Transit Authority Board of Directors.

 

COUNCIL MEMBER BATEMAN MOVED, SECONDED BY COUNCIL MEMBER VERKERK, THAT COUNCIL MEMBER BILL STROM BE APPOINTED AS THE TOWN’S REPRESENTATIVE TO THE TTA, APPOINTMENT EFFECTIVE FEBRUARY 1, 2002.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER STROM, TO APPOINT COUNCIL MEMBER DOROTHY VERKERK TO ONE OF THE TWO SEATS ON THE UNIVERSITY ARTS COMMON COMMITTEE. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Mayor Foy said the second seat on the University Arts Common Committee would be filled following the Council’s normal ballot process during consideration of Agenda #14, Appointments.

 

Council Member Bateman stated that she was a member of that Committee by virtue of her position at the University, but she would not necessarily be representing the Council.

 

 

Item 5 – Information Items

 

Council Member Strom pulled Item 5d, “NC 54/I-40 Transit Corridor Feasibility Study Update.”

 

Mayor Foy said that the Feasibility Study members would be making a presentation to the Council in February, in conjunction with the presentation they would be making to the Transportation Advisory Committee.

 

 

Item 6 – Acceptance and Referral of the Southern Community Park

Conceptual Plan Committee’s Report

 

Pam Hemminger, Chair of the Southern Community Park Conceptual Plan Committee, displayed a conceptual plan for the Park.  She said the Committee consisted of nearby residents, overall citizens, Parks and Recreation staff, County Commissioners, a Greenways Commission member, a School Board Representative, and a member of the Carrboro Board of Aldermen.  The Committee, Ms. Hemminger said, felt that this was a Park for the whole Town, and had facilities not available anywhere else in Town.  She said some of the things not available elsewhere were:

 

·        A Children’s Water Spray Park.

·        A large picnic shelter.

·        An outdoor roller hockey area.

·        An outdoor performance area.

·        A disc golf course.

 

She described the various topographies on the property, and where the traffic would be.  She said the two adult playing fields could be turned into four youth playing fields, and noted the location of the soccer field near the school.  Ms. Hemminger said there was also a place for a community center and an outdoor swimming pool.  She commented on several priorities: a dog park, a basketball court, recycling center, another play area for children, and trails.

 

Mayor pro tem Evans asked why the Committee had not recommended lighting for the basketball court, and would there be adequate parking provided for the large picnic area.  Ms. Hemminger answered that the lighting was a big area of discussion, especially controlled lighting and the question of vandalism.  She said there was room for expansion near the community center for parking, as well as the Park and Ride lots and the school parking lots, and extra space at the other end nearer the picnic area.

 

Mayor pro tem Evans said that Frisbee golf would not combine with walking trails.  She said she had hoped to have a spray park in the downtown area which had accessibility.

 

Council Member Ward said he hoped there would be space reserved for a third full-sized soccer field.  He said he had concerns about taking down trees to create a meadow.  Ms. Hemminger said the Committee proposed pockets of trees in the meadow, and that the utility lines which were overhead at the present time would be buried.

 

Council Member Ward asked about pedestrian crossing at Dogwood Acres.  Ms. Hemminger suggested the various considerations the Committee had looked at to slow the traffic.

 

Council Member Strom said it looked like it would be an expensive proposition to have the Dog Park located by itself with its own parking lot.  Ms. Hemminger said there already was a gravel parking lot there, and the Committee was trying to avoid it being near to where there were other activities.

 

Council Member Harrison said this was a good opportunity to have traffic-calming devices in an important area.

 

COUNCIL MEMBER WARD MOVED, SECONDED BY MAYOR PRO TEM EVANS, TO ADOPT RESOLUTION 11.

 

COUNCIL MEMBER STROM OFFERED A FRIENDLY AMENDMENT TO INCLUDE SENDING THE REPORT TO THE CARRBORO PARKS AND RECREATION COMMITTEE AND TO ORANGE COUNTY AND CHATHAM COUNTY.

 

THE RESOLUTION, AS AMENDED, WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION ACCEPTING AND REFERRING THE REPORT OF THE SOUTHERN COMMUNITY PARK CONCEPTUAL PLAN COMMITTEE AND EXPRESSING THANKS TO THE COMMITTEE (2001-01-14/R-11)

 

WHEREAS, the Council created the Southern Community Park Conceptual Plan Committee to make recommendations concerning the potential development of a park on Town property; and

 

WHEREAS, the Southern Community Park Conceptual Plan Committee has completed and presented its report;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council accepts the Report of the Southern Community Park Conceptual Plan Committee and refers the Report to the Bicycle and Pedestrian Advisory Board, Community Design Commission, Greenways Commission, Parks and Recreation Commission, Planning Board, Transportation Board, and the Manager for comments and recommendations.

 

BE IT FURTHER RESOLVED that the Manager is authorized to make copies of the Report available to the Orange County and Chatham County Commissioners and staff and Carrboro Board of Aldermen and staff.

 

BE IT FURTHER RESOLVED that the Council expresses its gratitude to Elizabeth Branch, H. Coleman Day, Jim Earnhardt, Scott Madry, Douglas Ostanek, Michael Ullman and Runyon Woods, members of the Southern Community Park Conceptual Committee for their hard work and service to the Chapel Hill community.

 

This the 14th day of January, 2002.

 

 

Item 7–Report on the Sykes Street Project

 

Principal Community Development Planner Loryn Barnes summarized the four items related to activities in the Sykes Street area:

 

·        Agenda item 7a transmits to the Council a report prepared by students from the UNC Department of City and Regional Planning.  Adoption of Resolution 12a would express the Council’s appreciation to Dr. William Rohe and the five students of the UNC Department of City and Regional Planning who worked on the project.

 

·        Agenda item 7b responds to a request from EmPOWERment, Inc. to amend its Performance Agreement with the Town for the renovation of 501 Sykes Street.  Adoption of Resolution 12b would increase the renovation budget to $40,436, and extend the Time of Performance to renovate and sell the property until June 30, 2001.

 

·        Agenda item 7c relates to a request from EmPOWERment, Inc. to use $35,000 of Community Development funds to acquire 503 Sykes Street. Adoption of Resolution 12c would authorize the Manager to work with EmPOWERment, Inc. to proceed with a recombination of a Town-owned lot located at 501 Sykes Street with 503 Sykes Street.

 

·        Agenda item 7d responds to a request from EmPOWERment, Inc. to use $35,000 of Community Development funds to acquire 503 Sykes Street for affordable housing purposes. Adoption of Resolution 12d would authorize EmPOWERment, Inc. to use $35,000 of Community Development Neighborhood Revitalization funds to acquire 503 Sykes Street, and authorize conversion of the Town’s funds into a grant to Orange Community Housing and Land Trust upon sale of the house to a qualified buyer. 

 

John Bullock, UNC student of City and Regional Planning, recognized the other students involved in preparing the report. He outlined the process:

 

·        What is the Sykes Street Steering Committee?

·        Established December 2002

·        Conglomeration of non-profits, town staff and residents

·        Works on Issues relating to the betterment of the Sykes area

 

·        What did the Committee accomplish in fall 2001?

·        Held a neighborhood clean-up and block-party

·        Gathered ideas for further action through a neighborhood visioning project

·        Increased resident participation and interest in committee meetings and events

 

·        Primary concerns of residents

·        Loitering and drug activity

·        Not enough police visibility

·        Poor property upkeep

 

·        Possible solutions

·        Increase police foot patrols and the use of police substations in the neighborhood

·        Explore ideas with the school system to reduce truancy and loitering during school hours

·        Secure funds for more youth activities and employment opportunities and training

·        Realign the Sykes/Nunn/Whitaker/Graham intersection

·        Implement the proposed rental licensing program

·        Create a landlord and tenant education program

·        Hire a full-time community organizer to encourage resident participation and coordination among neighborhood organizations

 

Kara Baldwin described the living conditions in her apartment on Sykes Street, and she said she thought the landlords should take more responsibility.  She noted that a yearly inspection should be required, and more foot patrol should be in the area to make it a safer place.

 

Council Member Wiggins asked if the members of the Committee were aware of Agenda Item#10 for consideration this evening and invited the Committee to remain for that discussion.

 

Council Member Bateman asked if the houses at 501 and 503 Sykes Street were going into the Land Trust.  Mr. Bullock said they were.

 

Council Member Bateman commended the cooperation between EmPOWERment, Inc. and the Orange Community Housing and Land Trust Corporation.  She asked Mr. Horton where the Town stood in general improvement in lighting in the area.  Mr. Horton said he would report back at the next meeting.

 

Council Member Strom asked if the Town had considered the realignment of the streets and had it been considered in the past.  Mr. Horton said he did not believe so but that it was a very interesting idea and the staff would pursue it.

 

Council Member Wiggins asked if the new position in the Police Department would have a role in helping the Council look at the recommendations.  Mr. Horton said the position was directly related to these areas.

 

Council Member Wiggins asked if there were any grants the Town could apply for that would allow it to saturate the area with police presence.  Mr. Horton said additional officer presence would make a difference and there may be opportunities to get additional funding through federal programs.  He said he will bring a report back to the Council.

 

Council Member Verkerk asked what had happened to previous strong recommendations for pedestrian sidewalks.  Mr. Bullock said the Committee was informed that the neighborhood had been put on the Town’s sidewalk list.

 

Council Member Verkerk asked if the Committee had been aware of a problem of a small pedestrian bridge leading into Carrboro and the Harris Teeter.  Mr. Bullock said there had been problems with these access routes, and he believed the easier access routes should be addressed.

 

COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER HARRISON, TO RECEIVE AND REFER THE REPORT TO THE MANAGER.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER HARRISON, TO ADOPT RESOLUTION 12B. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

 

A RESOLUTION AMENDING THE TOWN’S PERFORMANCE AGREEMENT WITH EMPOWERMENT, INC. FOR THE RENOVATION OF 501 SYKES STREET (2002-01-14/R-12b)

 

WHEREAS, the Town has an ongoing interest in community development activities in Chapel Hill; and

 

WHEREAS, on February 28, 2000, the Council authorized acquisition of 501 Sykes Street for affordable housing purposes; and

WHEREAS, on October 31, 2000, the Town used $55,000 of Community Development Neighborhood Revitalization Funds to purchase 501 Sykes Street; and

 

WHEREAS, on February 1, 2001, the Town entered into a Performance Agreement with EmPOWERment, Inc. budgeting $30,000 of Community Development Neighborhood Revitalization Funds to renovate a house located at 501 Sykes Street; and

 

WHEREAS, on December 4, 2001, EmPOWERment, Inc. requested an amendment to the Performance Agreement for 501 Sykes Street;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council amends its Performance Agreement with EmPOWERment, Inc. for the renovation of 501 Sykes Street as follows:

 

(1)    The Time of Performance shall be extended until June 30, 2002;

(2)    The Budget shall be increased to $43,600.

 

BE IT FURTHER RESOLVED that the Council authorizes the Manager to execute an amended Performance Agreement with EmPOWERment, Inc. to reflect the extension of the Time of Performance and the increase in budget. 

 

This the 14th day of January, 2002.

 

 

Mark Chilton, of EmPOWERment, Inc., commented on the Resolutions 12b, 12c, and 12d.  He noted that in Resolution 12b, the projected budget for the project would be close to $43,600 rather than $40,436 as stated in the Resolution, and he requested a modification of the numbers.  Referencing Resolutions 12c and 12d, Mr. Chilton pointed out that the house at 503 Sykes Street was the same house that Ms. Baldwin had described as the house which she had rented previously.

 

COUNCIL MEMBER STROM MOVED, SECONDED BY MAYOR PRO TEM EVANS, TO ADOPT RESOLUTION 12B, WITH AN AMENDMENT TO INCREASE THE BUDGET TO $43,600.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

 

A RESOLUTION AMENDING THE TOWN’S PERFORMANCE AGREEMENT WITH EMPOWERMENT, INC. FOR THE RENOVATION OF 501 SYKES STREET (2002-01-14/R-12b)

 

WHEREAS, the Town has an ongoing interest in community development activities in Chapel Hill; and

 

WHEREAS, on February 28, 2000, the Council authorized acquisition of 501 Sykes Street for affordable housing purposes; and

 

WHEREAS, on October 31, 2000, the Town used $55,000 of Community Development Neighborhood Revitalization Funds to purchase 501 Sykes Street; and

 

WHEREAS, on February 1, 2001, the Town entered into a Performance Agreement with EmPOWERment, Inc. budgeting $30,000 of Community Development Neighborhood Revitalization Funds to renovate a house located at 501 Sykes Street; and

 

WHEREAS, on December 4, 2001, EmPOWERment, Inc. requested an amendment to the Performance Agreement for 501 Sykes Street;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council amends its Performance Agreement with EmPOWERment, Inc. for the renovation of 501 Sykes Street as follows:

 

            (1)  The Time of Performance shall be extended until June 30, 2002;

            (2)  The Budget shall be increased to $43,600.

 

BE IT FURTHER RESOLVED that the Council authorizes the Manager to execute an amended Performance Agreement with EmPOWERment, Inc. to reflect the extension of the Time of Performance and the increase in budget. 

 

This the 14th day of January, 2002.

 

 

COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT RESOLUTION 12C. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

 

A RESOLUTION AUTHORIZING THE MANAGER TO WORK WITH EMPOWERMENT, INC. TO PROCEED WITH A RECOMBINATION OF A TOWN OWNED LOT LOCATED AT 501 SYKES STREET WITH 503 SYKES STREET (2002-01-14/R-12c)

 

WHEREAS, the Town has an ongoing interest in community development activities in Chapel Hill; and

 

WHEREAS, it is important to clean up the lot line issues involving 501 and 503 Sykes Street;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to work with EmPOWERment, Inc. to proceed with a recombination of a Town-owned lot located at 501 Sykes Street with 503 Sykes Street. 

 

BE IT FURTHER RESOLVED that the Council authorizes the recording of an easement on a portion of the newly adjusted 501 Sykes Street property, to allow the owner of 503 Sykes Street use of a back yard.

 

BE IT FURTHER RESOLVED that the Council authorizes the Manager to sign necessary plats to change lot configuration and record the easement.

 

This the 14th day of January, 2002.

 

 

MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT RESOLUTION 12D. THE MOTION WAS ADOPTED UNANIMOUSLY. (9-0).

 

A RESOLUTION AUTHORIZING EMPOWERMENT, INC. TO USE $35,000 OF COMMUNITY DEVELOPMENT NEIGHBORHOOD REVITALIZATION FUNDS TO ACQUIRE 503 SYKES STREET (2002-01-14/R-12d)

 

WHEREAS, the Town has an ongoing interest in community development activities in Chapel Hill; and

 

WHEREAS, EmPOWERment, Inc. has requested use of Community Development funds to acquire 503 Sykes Street; and

 

WHEREAS, EmPOWERment, Inc. has also requested that the Town’s funds be converted into a grant to Orange Community Housing and Land Trust; and

 

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

 

1.       EmPOWERment, Inc. to use $35,000 of Community Development Neighborhood Revitalization funds to acquire 503 Sykes Street; and

2.      Conversion of the Town’s funds into a grant to Orange Community Housing and Land Trust upon sale of the house to a qualified homebuyer.

 

BE IT FURTHER RESOLVED that the Council authorizes the Manager to enter into a Performance Agreement with EmPOWERment, Inc. for this project.

 

BE IT FURTHER RESOLVED that the implementation of this resolution is contingent upon EmPOWERment, Inc. completing a recombination of property in the area such that the property lines are adjusted to result in lots conforming to the Town’s Development Ordinance for 501 and 503 Sykes Street.

 

This the 14th day of January, 2002.

 

Item 8—Larkspur Cluster Subdivision—Report on Developer’s Request:

Continuation of Public Hearing and Calling a

Development Ordinance Text Amendment Public Hearing

 

Planning Director Roger Waldon reported that on November 20, 2001 the Council conducted a public hearing to consider the subdivision application for Larkspur Cluster Subdivision.  He said a number of questions were raised, and the public hearing was recessed until January 14, 2002.

 

Mr. Waldon said, in the interim, the Manager received a letter from the applicant requesting more time in order to propose an amendment to the Development Ordinance which would allow the flexibility for payment-in-lieu of the Council’s “small house” Ordinance requirements, or the provision of affordable housing in lieu of the small houses.  He added that the applicant, Carol Ann Zinn, requested flexibility to allow the Ordinance to be passed relatively quickly, and would allow her application to come back before the Council on the same evening that the amendment would be considered by the Council.

 

Mr. Waldon said that adoption of Resolutions A and B would continue the public hearing on the Larkspur application until February 25, and then call a public hearing on the Text Amendment as requested.  He said the staff recommended the two Resolutions.  Mr. Waldon stated that the alternative would be adoption of Resolution C which would provide that the staff bring the Text Amendment forward at the Council’s next meeting.

 

Carol Ann Zinn, President of Cazco, Inc., said the reason her company was asking for this amendment was that they believed this would give the Council affordable housing from the company.

 

Mark Chilton, of EmPOWERment, Inc., said he felt it would be reasonable to accept payment-in-lieu of providing affordable housing in some developments.  He pointed out that there was a lack of continuity in terms of funds coming into the Orange Community Housing and Land Trust Fund.  Mr. Chilton said that $35,000 sometimes made affordable housing possible, and that amount of money would be necessary per unit to make the payment-in-lieu worthwhile pursuing in a public hearing.

 

Ms. Zinn said her company was not talking about payment-in-lieu, but actually building 15% affordable housing within the development.  She said the regulations did not give the company that kind of flexibility.

 

Council Member Wiggins asked for clarification.  Town Attorney Ralph Karpinos said the current ordinances required that in an existing subdivision zoning, that a certain percentage of the lots be set aside for small houses.  He said there was nothing in the ordinance that required that these houses had to be affordable.  Mr. Karpinos said what prompted the request was that at a public hearing the Council had expressed its wish that the small houses be affordable.  Mr. Horton added that what he believed Ms. Zinn was saying was that the company could not make the square footage allowed for small houses to be affordable homes.

 

Council Member Bateman questioned the logic of making larger houses affordable, but not making the smaller houses affordable.  Mr. Horton responded that presently the ordinances required, for this type of subdivision, that a certain number of lots be set aside in reserve for houses that would not exceed a certain limit of square footage.  He said what he believed Ms. Zinn was requesting was the flexibility to arrange the units in a manner that would allow her to meet the affordability by reducing costs and the like, but might not make it feasible to meet the specific requirements of the Small House Ordinance as regards to the number of lots having limits on the size.  Ms Zinn added that from her detailed conversations with Robert Dowling or Orange Community Housing and Land Trust, she knew that, in order to comply with his charter and the Council’s wishes, her company needed to have over 50% of the houses to retail at $100,000, meaning that 7 of the houses would sell for $100,000 and 6 for $130,000.  The housing designs would be similar to the larger houses, and would sell retail for about $240,000.

 

Council Member Strom said it was a reasonable tradeoff with the Town and looked forward to moving ahead to achieve the Council’s wishes.  He said that accepting payment-in-lieu would be counter to the Council’s strategy of creating diverse neighborhoods, and he would not support that option.

 

Mr. Waldon pointed out that the current ordinance said that 25% of the units must be small, and what was being proposed was to have 15% affordable houses in lieu of having 25% small houses.  He added that the staff might add a few more specifics to the proposal.

 

Council Member Ward asked what kind of distribution within the development these houses would be.  Ms. Zinn said they would be scattered throughout the neighborhood, but end up being grouped together, but not isolated, and there will be phases to the development.

 

COUNCIL MEMBER WARD MOVED, SECONDED BY MAYOR PRO TEM EVANS, TO ADOPT RESOLUTION 13A.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

 

A RESOLUTION CALLING A PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE DEVELOPMENT ORDINANCE REGARDING ADDITION OF AN AFFORDABLE HOUSING OPTION TO THE HOUSE SIZE RESTRICTION PROVISIONS (2002-01-14/R-13a)

 

WHEREAS, the Chapel Hill Town Council has received a petition from Ms. Carol Ann Zinn requesting consideration of a Development Ordinance text amendment regarding the addition of an affordable housing option to the House Size Restriction provisions of the regulations; and

 

WHEREAS, the Town Council has indicated a desire to consider adopting provisions in the Development Ordinance promoting affordable housing objectives of the Comprehensive Plan;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby calls a Public Hearing for Monday, February 18, 2002, to consider amendment to the Development Ordinance.

 

BE IT FURTHER RESOLVED by the Council that the Council hereby directs the Manager to prepare the proposed text amendment in a form consistent with the Town's Development Ordinance and refers the proposal to the Planning Board and the Manager for recommendation.

 

This the 14th day of January, 2002.

MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT RESOLUTION 13B.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

 

A RESOLUTION RECESSING THE PUBLIC HEARING ON THE LARKSPUR CLUSTER SUBDIVISION TO FEBRUARY 25, 2002 (2002-01-14/R-13b)

 

WHEREAS, on November 19, 2001, the Town Council held a Public Hearing on the Larkspur Cluster Subdivision Preliminary Plat application; and

 

WHEREAS, the Public Hearing on this item was recessed and continued to January 14, 2002; and

 

WHEREAS, following the Public Hearing, the developer petitioned the Town Council requesting consideration of a Development Ordinance text amendment regarding affordable housing provisions and a continuation of the Larkspur Cluster Subdivision Public Hearing to February 25, 2002;

 

NOW, THEREFORE BE IT RESOLVED by the Town Council of the Town of Chapel Hill that the Public Hearing on the Larkspur Preliminary Plat application shall be recessed until February 25, 2002.

 

This the 14th day of January, 2002.

 

 

Item 9—Follow-up Report on Development Ordinance Revision Project

 

Planning Director Roger Waldon said the Council was in the middle of revising the Town’s Development Ordinance, pursuant to the adoption of the Town’s Comprehensive Plan.  He said the consultant, Mark White, had worked with the first drafts which had gone to public hearings, advisory boards and the Council, and following directions from the comments, Mr. White prepared a second draft, published in August, and then discussed at more public hearings.  Mr. Waldon said a handout had been prepared as a result of the public hearings. He suggested two options available to the Council:

 

1.      The Council have discussion this evening following the comments he made, and give direction to the staff and consultant to prepare a third draft for advisory boards and present at a public hearing on April 15, 2002.

2.      If the Council needed more time, it might choose to extend another month in order to have a work session, and delay the public hearing until May.

 

Mr. Waldon continued, saying that the staff had picked out and pointed out in Attachment 2 of the packet some key points which the staff wanted Council suggestions on:

·        Concept Plan

·        More aggressive about sidewalk and bicycle construction

·        Neighborhood conservation areas

·        Stormwater

·        Impervious surface and buffers

·        Parking

·        Connectivity

·        Flexibility

 

Council Member Strom said he felt that the Council would derive much benefit in having a Work Session on the document and how the goals of the Comprehensive Plan would relate to the proposed Development Ordinance.  He suggested a spreadsheet of specifics to goals and actions.

 

Mayor pro tem Evans said she did not think the Council was ready to make a decision yet and the Council would benefit having a work session similar to the Friday workshop.  She suggested looking into various projects: a downtown project, infill development, five-acre residential development, private property on gateways, and a neighborhood conservation district.

 

Council Member Wiggins said she would appreciate something like what Council Member Strom had suggested, and she had a third column for the matrix—design guidelines.

 

Council Member Ward suggested looking at other sites such as those termed “gray field” sites like University Mall, and redevelopment of a variety of sites, and how this addressed neighborhoods.  He added he did not think it all could be done in one month.  Council Member Ward said he felt it was more important that the document be done right, rather than to worry about it being completed before the beginning of the summer break.

 

Council Member Harrison said he felt there was a lot more to be accomplished and it would take more than one work session to do so and to dig into the issues.

 

COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT RESOLUTION 14B, AMENDED TO EXTEND THE PUBLIC HEARING DATE TO MAY 20, 2002.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION ADJUSTING THE PROCESS AND TIMETABLE FOR COMPLETION OF A REVISED DEVELOPMENT ORDINANCE (2002-01-14/R-14b)

WHEREAS, the Town Council has initiated a project to revise Chapel Hill’s Development Ordinance, with a target date of completion by May, 2002; and

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

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council directs the Town Manager to adjust the schedule for this project as described in the staff memorandum of January 14, 2002.

BE IT FURTHER RESOLVED that the Council hereby reschedules a Public Hearing to consider the 3rd Draft of this proposed ordinance, changing the date from April 15, 2002 to May 20, 2002.

This the 14th day of January, 2002.

Mr. Horton said the Council would be polled regarding dates for work sessions.  He said a spreadsheet format would be constructed.  Mr. Horton noted that he and the staff appreciated the help of the facilitators, stating the staff had discovered new ideas.  He will include questions of projects in the process of the work sessions, he said.

 

Mayor Foy asked what would be the effect of the delay on pending applications, noting there was citizen concern about this and how this should be considered.  Mr. Horton said that, until the Development Ordinance is revised, applications made would have to be considered under the present regulations.  Mr. Karpinos added that until the Council had a public hearing on a specific draft it was considering adopting, the present ordinances would be in force.  Mr. Horton stated that this was one of the reasons why the staff was anxious to get the new Development Ordinance in place, but he understood the Council’s reluctance to rush the process.  He said the Council could decide on some things that they believed would be possible to move ahead on a quicker basis.

 

Council Member Ward asked if there was any way everybody could be asked to wait.  Mr. Karpinos said one way would be to adopt a moratorium and that would in effect be a temporary development ordinance which would require a public hearing and all the other procedural processes.  He said this would require all of the usual procedures.

 

Council Member Ward asked to hear more about this possibility.  Mr. Karpinos said a moratorium was a development ordinance amendment like any other development ordinance which required a consideration and recommendation by the Planning Board, a public hearing, and certain standards for justification of a moratorium.  Mr. Karpinos said he would supply the Council with the information on a moratorium.

 

Mayor pro tem Evans said that one of the things shown at the recent Friday work session on the draft Development Ordinance was that there were certain parts of the proposed ordinance which were not better than the present development ordinance, and those issues needed to be identified.

 

Joyce Brown, former Council Member, said it was clear to her, after attending the Friday session, that the proposed development ordinance needed a great deal more discussion, and needed many more input from citizens from various viewpoints.  She said the document needed to show how it achieved in specific places the goals of the Comprehensive Plan and needed to show how it promoted the health, safety and welfare of the citizenry.  Ms. Brown said air quality and water supplies needed to be addressed.  Ms. Brown advised the Town to hire a professional writer to write the ordinance in an easily readable document for all citizens.  She said she information from an administrator of Seattle that all of their documents were written in easily understandable language by professional writers.

 

Margaret Heath said she wanted to focus on the Resource Conservation District (RCD) which had not gotten much attention, namely its value to animal life.  She displayed animal footprints on an overhead projector.  Ms. Heath said the clear-cutting and grading was not in compliance with the mention of animal protection from the intrusions of urbanization in the current ordinance.  She said the list of permitted uses in the RCD was expanding, and said the standards must be strong, clear, and binding.

 

Melanie Piazzi, Wildlife Manager of the APS Wildlife Rehabilitation Center in Mebane, NC, described the injured animals brought to the Center, a large portion from Orange County.  She displayed a wounded turtle injured by a bulldozer in a development which had been its native habitat.  Ms. Piazzi asked the Council to consider the future by making laws, not just generalities.

 

Milton Heath, a resident of North Street, said he had been working on development ordinances for many years.  He expressed appreciation for the good attitude of the Town staff in working with these issues.  Mr. Heath said 100 feet was not a large enough buffer for protection of streams.  He urged that these buffers not be reduced.  Mr. Heath said there were too many exceptions in the ordinances.  He said the ordinances needed a thorough overhaul, and the subdivision ordinances should be an effective control measure.  Mr. Heath asked that this be put onto an early revision schedule.

 

Linda Convissor said she wanted the Council to have more work sessions, similar to the one held on the previous Friday.  She invited people to a related event on the UNC campus this Thursday from 1-3, when there will be a work shop by the consultant.

 

Aaron Nelson, Executive Director of the Carrboro-Chapel Hill Chamber of Commerce and representing 700 businesses in the area, said he was very pleased with the work session on Friday.  He encouraged caution in enacting a moratorium, and hoped the Council would use other means to accomplish its goals.  Mr. Nelson invited everyone to the Chamber’s annual meeting to be held on January 24, with speaker Senator Mark Basnight.  He said the Chamber looked forward to helping with the process as the Council deliberated.

 

Loren Hintz, Chair of the Transportation Board, reviewed the suggestions from the Board which had been made before the second draft had been written.  He requested that the Council ask the consultant to say how the suggestions from his board and other boards were used or not used in the second draft.  Mr. Hintz also suggested that some of the work sessions be scheduled in the evenings so that those who worked during the day could attend and learn.  He said the parking regulations were close to what his board had recommended.  Mr. Hintz said that the public transit system should be considered as to how it could handle the development, and access and circulation for bicyclists should be recognized in the ordinance.

 

Martin Rody said he wondered if the Council realized the implications that affordable housing had on the taxpayers of the community, who were subsidizing the residents of affordable housing regarding paying for public facilities.  He said the Town should have more commercial land zoned so that there would be less of a burden on the residential homes.  Mr. Rody said this could be tied to the goals of affordable zoning.  He had some suggestions for doing this, and said the Council had to reconsider its unilateral approach to achieve affordable housing.

 

Betsy Pringle said she appreciated the involvement of citizens, and would like to have more sessions like the one on Friday, which she felt was very informative.  She suggested that an effort be made to get neighborhood representatives involved in the work sessions, so they could understand the impact of development in the older neighborhoods.  Ms. Pringle urged the Council to support the Rental Licensing Program.

 

Anne Stoddard, a member of the Chamber of Commerce’s Government Relations Committee, said she enjoyed the work session on Friday, and urged that some of the sessions be held in the evening.  She stated that what the buildings look like should be a priority in considering the development ordinance.  Ms. Stoddard urged an ordinance that did not force builders to build boring architecture, and that the design guidelines should do the same thing.  She added that one of the opportunities in improved design guidelines was to discourage impervious surfaces.

 

Edwin Caldwell said he did not want to see affordable housing changed, because there were many citizens who could not afford to live in the Town.  He encouraged the Council to stay with the concept of affordable housing.  Mr. Caldwell commended the Council for looking at affordable housing, and he thanked the Town officials for the attention it was paying to the Hargraves Center and for the improvements resulting.

 

David Blanchard commended the Council for the attention being paid to development, to make Chapel Hill a good place to live.  He said the sidewalks on Rosemary Street were in very bad condition, and the buses did not run frequently enough.  Mr. Blanchard asked the Council to pay attention to density and mixed use so that people would not need to use a car to get places.

 

Bob Reda, a member of the Planning Board, commended the Council for taking its time to deliberate carefully the proposed development ordinance.  He said he was a strong supporter of the Comprehensive Plan, and the development ordinance would put life into the Comprehensive Plan.  Mr. Reda urged more work sessions with experts involved in the process.

 

Mr. Horton said he thought the staff could bring a proposed process to the Council at its next meeting.

 

Council Member Ward asked if it would be possible to videotape the next sessions, as had been done at the Friday meeting, in order to make the tapes available to viewers on the Community Access Channel.

 

Council Member Wiggins urged sessions scheduled in the evening and the involvement of many more citizens.

 

Item 10—Preliminary Recommendations for a Rental Licensing Program

 

Inspections Director Lance Norris presented an overview of the Rental Licensing Program:

 

Goals

·        To increase community standards;

·        To develop a greater sense of responsibility by renters;

·        To maintain and improve the quality of rental housing;

·        To improve communication among the Town, property owners and renters regarding compliance with Town regulation.

 

Applicability

·        We recommend that the program apply to all rental property within the Town including the Town’s public housing units.

·        Option: Council could choose to exempt an owner if he or she is temporarily living out of town and rents their own home, but intends to return within 12 months.

·        Additional Option: Council could also choose to exempt owners of accessory apartments from the rental-licensing program.

 

Amendment to Housing Code

·        We recommend that the Town Code be amended to include a Rental Licensing Ordinance that requires property owners to obtain a rental license. Penalties for not obtaining a license would also be included in this amendment.

 

Fees

·        We propose the following fee schedule:

Dwelling Units                          Proposed

Per Lot                                                 License fee (per unit)

1 to 4                                                   $10

5-19         $8

20 or more                                           $5

 

Application Form and Rental Duties

We recommend the application form require the following information:

·        Owners to submit contact information including name, address and telephone number

·        The application also would request that the owner provide the name, address and telephone number of any registered agent empowered to act for the owner.

·        We would also recommend that property owners annually re-certify that their property meets the Town’s Minimum Housing Code.

 

Creation of a Data Base

·        We recommend that the Town purchase a software program that would allow the Inspection Department to establish and maintain the necessary data for a rental- licensing program.

·        The Inspections Department would be responsible for regularly updating the data base.

·        The information collected would be available through the Town’s website and hard copies would be made available at Town Hall and the Library

 

·        The revenue generated would be $85,600 estimated.

 

·        Hiring a zoning enforcement officer is recommended

·        Recommend that a part-time administrative clerk be hired.

·        Outside legal fees be appropriated

 

 

 

 

Evaluation

·        If a rental-licensing program is approved we recommend that in three years the Council appoint a committee to evaluate the effectiveness of the program.

 

 

Program Implementation

·        If the program were approved as part of the Town’s 2002-2003 budget, and the necessary staff were hired, the proposed start date for the rental-licensing program would be January 2003.

 

Next Steps

We recommend the following next steps to the Council:

·        Staff would refer the preliminary recommendation to the Planning Board for review on January 15, 2002.

·        Staff would refer the preliminary recommendation to the Housing and Community Development Advisory Board for review on January 2, 2002.

·        Staff would schedule a public forum for January 23, 2002 to receive citizen comments on the preliminary rental-licensing program.

·        Return to the Council on February 24, 2002 for consideration of an ordinance.

 

Kathy Powell, Executive Director of the Triangle Apartment Association which represents approximately 72,000 rental units in the Triangle area, said that in October the Association had submitted an alternative proposal to the Council and encouraged the Council to carefully consider the information which it has provided as an alternative solution.  Ms. Powell said many of the problems arising did not involve professionally managed and maintained communities in the Chapel Hill area.  She said that any fee for licensing increased the cost of doing business and affected the rental affordability.  Ms. Powell said the objective was to work with the Council in working up an educational program for landlords and tenants.

 

Council Member Wiggins said that the recommendations came out of a citizen and Council committee, and that this was the staff’s response and it supported most of them.

 

Council Member Strom thanked Mr. Norris for putting the recommendations and ideas together into an informative program.  He asked if the staff had responded to a petition brought by former Council Member Joe Capowski about parking regulations and extending them beyond the Historic District to other neighborhoods in the Town.  Mr. Horton said he would like an opportunity to respond after he investigated the matter.

 

Council Member Wiggins asked if the staff could give the Council some data on what kind of noise complaints and such, which related to large apartment complexes, were received.

 

Council Member Ward said the issue was a problem, but he was not sure if it was a $100,000 problem, and that there was a lot of bureaucracy involved.  He said he was concerned about the increased costs to Town government.  Mr. Horton said the staff was concerned and investigated the resources that it would take to carry out the program and the costs were an estimate and could be cut back.

 

Council Member Evans said she had heard from people who had rental apartments in their homes, which were mostly for students.  She said they did not want to become a part of a data base, and they might stop registering or stop renting.  Mr. Horton said it would be up to the Council to determine whether these could be exempted.

 

Council Member Strom said that one of the key parts of the recommendations was to base the fees in a way to be revenue neutral to the citizens and to address the concerns that it would be an expensive program.  He said that these issues had been addressed by the committee, which decided to keep those kinds of properties mentioned by Council Member Evans in the program.

 

COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, TO ADOPT RESOLUTION 15.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

 

A RESOLUTION TO APPROVE A PROCESS FOR IMPLEMENTING A RENTAL LICENSING PROGRAM (2002-01-14/R-15)

 

WHEREAS, the Town’s Comprehensive Plan adopted on May 8, 2000, recommends that the Council implement a rental licensing program as a tool that “could help to protect the character and the stability of the Town’s residential neighborhoods, while assuring renters that licensed rental units meet minimum housing standards”; and

 

WHEREAS, on June 12, 2000, the Council charged the Rental Licensing Task Force to provide the Council with recommendations about whether to enact a system of licensing the rental of dwelling units in Chapel Hill, and what form such a system would take; and

 

WHEREAS, on March 26, 2001, the Rental Licensing Task Force presented recommendations for the Council’s consideration;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council adopts the following process for implementing a rental licensing program in Chapel Hill:

 

·        Refer the preliminary recommendation and the Planning Board for review on January 15, 2002;

·        Refer the preliminary recommendation to the Housing and Community Development Advisory Board for review on January 22, 2002;

·        Schedule a public forum for January 23, 2002, to receive citizen comments on the preliminary rental licensing program;

·        Return to the Council on February 25, 2002, for consideration of an ordinance.  

 

BE IT FURTHER RESOLVED that if the program were approved in February, the rental licensing program would be considered during the 2002-2003 budget process.

 

This the 14th day of January, 2002.

Item 11—Supplemental Report on Towing from Private Lots

 

Town Attorney Ralph Karpinos presented the report.  He said this proposed ordinance was based on legislation the Council sought and received from the General Assembly last year requiring that lot owners post signs warning citizens seeking to park that certain lots were restricted and that cars would be towed.  Mr. Karpinos said this came about after calls from citizens raising concerns that cars had been towed in the downtown area, particularly from lots associated with businesses either closed in the evening or closed permanently.  He said as a result of the concerns being raised, the staff looked at a number of possibilities and tied the ordinance with a Greenville bill.  Mr. Karpinos said the ordinance before the Council this evening would require lot owners to post conspicuous signs before they could tow a car.  He said that the staff had received a comment asking that the signs posted be 24” by 24”, which the staff is recommending.

 

Mr. Karpinos suggested that, if the Council wanted to consider the ordinance this evening, he would recommend that the change of the size of the sign be made as well as a change in the effective date to March 1, 2002.  He said the owners of the Town Center lots would be notified before that date.

 

Council Member Evans asked if there were budget implications to this ordinance.  Mr. Horton said not significant implications.

 

COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER EVANS TO ADOPT ORDINANCE 8, WITH THE AMENDMENTS SUGGESTED BY THE ATTORNEY THAT SIGNS BE 24” BY 24” AND THE EFFECTIVE DATE BE MARCH 1, 2002.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

 

AN ORDINANCE REQUIRING THE PLACEMENT OF PRE-TOWING NOTICE ON PRIVATE LOTS (2002-01-14/O-4)

 

BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF CHAPEL HILL as follows:

 

Section 1.  Chapter 11 of the Town Code is hereby amended by adding a new Article XVII to read as follows:

 

“ARTICLE XVII.  PRE-TOWING NOTICE ON PRIVATE LOTS

 

Sec. 11-301. Notice Required.

 

            It shall be unlawful to tow or remove a vehicle which is parked on private property without the permission of the owner or lessee of that private property unless notice in accordance with the provisions of this section is posted on the private property from which the towing or removal is made. 

 

Such notice shall fulfill the following requirements:

 

(a)   A notice, in the form of a sign structure, not less than twenty-four (24) inches by twenty-four (24) inches in size, shall be prominently placed on the private property at each access or curb cut allowing vehicular access to the property, within five (5) feet of the street right-of-way line.  If there are no curb or access barriers, signs shall be posted not less than one sign each fifty (50) feet of the frontage to the public street.  The maximum size for any sign shall be four (4) square feet.

 

(b)  The notice shall clearly display the following:

 

(1)  In not less than one-and one-half inch high letters on a contrasting background, the words “tow-away” or “tow-away zone” or “towing enforced.”

(2)  In not less than one inch high letters on a contrasting background, a statement indicating that parking by unauthorized vehicles is prohibited by the use of a phrase such as “private property”, “leased parking”, “no parking”, “parking for customers only”, “parking for residents only”, or a similar phrase.  If parking by unauthorized vehicles is not prohibited on a twenty-four (24) hour continuous basis, the days of the week and hours of the day during which unauthorized parking is prohibited shall be posted.

(3)      In not less than one-half inch high letters on a contrasting background, the telephone number at which a person available to release the vehicle that has been towed, removed, or immobilized may be contacted at any time.  Calls to the telephone number must be answered by a person and a person with the authority and ability to release the vehicle must respond to the location of the vehicle within thirty (30) minutes of a call.

 

(c)  The sign structure displaying the required notices shall be permanently installed with the bottom of the sign not less than six (6) feet above ground level and not more than eight (8) feet above ground level.  Pedestrian safety should be taken into consideration when locating freestanding signs.

 

Section 11-302.  Applicability.

 

            The provisions of this Article shall apply to private property used for non-residential purposes in all areas of the Town zoned TC-1 and TC-2 under the Chapel Hill Development Ordinance. 

 

Section 11-303.  Exceptions.

 

            Notwithstanding any other provision of this Article, no notice shall be required for the towing or removal or immobilization of a vehicle (i) if the vehicle obstructs adequate ingress and egress, or (ii) if the vehicle has been left on the private property for a period of time greater than forty eight (48) hours, or (iii) if the vehicle is being removed pursuant to the direction of a law enforcement officer or other officer in accordance with the provisions of the Chapel Hill Town Code or State law.

 

 

Section 11-304.  Penalties.

 

(a)  Any violation of the provisions of this Article or a failure to comply with any of its requirements shall subject the offender to a civil penalty as follows:

 

(1)    In the amount of fifty dollars ($50.00) for the first offense;

(2)    In the amount of one hundred dollars ($100.00) for the second offense within a twelve (12) month period; and

(3)    In the amount of two hundred and fifty dollars ($250.00) for each offense when the offense is the third or subsequent offense with a twelve (12) month period.

 

(b)  This Article may also be enforced by an appropriate equitable action.

 

(c)   Any violation of the provisions of this Article shall be a misdemeanor punishable as provided by North Carolina General Statute 14-4.

 

(d)                Any one, all, or any combination of the foregoing penalties and remedies may be used to enforce this Article.

 

Section 2.        All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict.

 

Section 3.        Any part or provision of this ordinance found by a court of competent jurisdiction to be in violation of the Constitution or laws of the United States or North Carolina is hereby deemed severable and shall not affect the validity of the remaining provisions of the ordinance.

 

Section 4.        This ordinance shall become effective on March 1, 2002.

 

This the 14th day of January, 2002.

 

 

Item 12—Town Regulation of Non-Commercial Signage

 

Mr. Karpinos said the report was requested by the Council in September 2001.  He said the staff had identified the regulations that applied on private property as well as the regulations and enforcement used either on Town property and Town rights-of-way.  Mr. Karpinos continued that the two particular points highlighted, signs usually seen during election campaigns and regulation pertaining to temporary, moveable signs in the Town Center district, was discussed.  He said the enforcement procedures basically used by the Town staff which receives complaints and looks into those complaints, making a determination of whether there is a violation of an ordinance, was also discussed.  Mr. Karpinos discussed the procedures and enforcement.  He added that the memo contained a number of legal procedures.

 

Mark Dorosin, President of the Chapel Hill-Carrboro ACLU, asked the Council to consider two fundamental flaws in the Ordinance:  (1) the restrictions are overly restrictive and impinge on civil rights, and other restrictions are overly restrictive; and (2) the complaint-driven process.  He cited the First Amendment for freedom of speech.

Mark Chilton pointed out that the restrictions for posting and removing election signs could be unconstitutional, and it would be a lot simpler to have an ordinance that did not purport to regulate political speech.

 

Council Member Kleinschmidt said it was time for the Council to rethink its Sign Ordinance and such regulations for violation were farcical.

 

COUNCIL MEMBER KLEINSCHMIDT MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT RESOLUTION 16B WITH THE AMENDMENTS SUGGESTED BY THE ATTORNEY.

 

Mr. Karpinos asked if the Council wished to consider adding to the issues for a public hearing the size limits, which are not addressed in the Resolution, and raised by Council. Member Kleinschmidt.

 

Council Member Strom asked if enforcement procedures could be discussed at the same time.  Mr. Karpinos said the enforcement procedure was not written into the Ordinance, but was a conversation that the Council and the Manager could have, but was not part of a public hearing of Ordinance changes.

 

Mayor pro tem Evans asked for information on what other communities did.

 

Council Member Harrison said he lived where he could see signs under two different sign ordinances—Durham and Chapel Hill, in effect at the same time.  He believed that Durham had done such a study over the last few years.

 

Council Member Wiggins asked if it had ever been considered to have a limit on the number of election signs on display throughout the Town.

 

THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION CALLING A PUBLIC HEARING TO CONSIDER AMENDMENTS TO THE TOWN DEVELOPMENT ORDINANCE RELATED TO THE TIME FOR POSTING OF POLITICAL SIGNS AND THE NUMBER OF SUCH SIGNS PERMITTED ON A ZONING LOT (2002-01-14/R-16b)

 

WHEREAS, the Council has received a considered a report from the Town Manager and Town Attorney pertaining to non-commercial signs on private property;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council calls a Public Hearing to consider amendments to the Development Ordinance related to the time for posting of political signs, the number of such signs permitted on a zoning lot, the application of such regulations to signs not related to elections, the size of non-commercial signage, and other provisions of the Development Ordinance that regulate non-commercial signage;

 

BE IT FURTHER RESOLVED that this matter be referred to the Town Manager and the Planning Board for a report and recommendation, and that the Manager is authorized to schedule this for Public Hearing at an upcoming Council Public Hearing prior to the Council’s summer recess.

 

This the 14th day of January, 2002.

 

Item 13—Response to Request from the Town of Carrboro

Regarding Memorandum of Understanding for Transit Services

 

Mr. Horton said the purpose of the response was mainly to serve as background to a committee appointed by the Council consisting of representatives from the Town of Carrboro and the University, as well.

 

Loren Hintz, Chair of the Transportation Board, said he noticed that in the Memorandum there were not any specific copies of an agreement to the University with Chapel Hill Transit for this year.  He said he thought it would be useful for the Council to see what that agreement was.  Mr. Hintz said that a few years ago the Transportation Board did a 25-year review of the Chapel Hill Transit and he hoped the new members of the Council had an opportunity to review the document.

 

Mr. Horton said the staff had neglected to point out that the Council appoints members of its own body.

 

Mayor Foy said it was his understanding that the members of the Committee were not to negotiate a Memorandum of Understanding, but to provide some policy guidelines for renegotiating.  Mr. Horton said that would be up to the Council.

 

Mayor Foy said he felt that the committee did not need to do the negotiating, that that should be left up to the staff.

 

COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT RESOLUTION 17, WITH THE UNDERSTANDING THAT THE COMMITTEE MEMBERS WERE NOT TO RENOTIATE, BUT TO OFFER POLICY GUIDELINES FOR NEGOTIATING.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION ESTABLISHING A COMMITTEE TO REVIEW THE MEMORANDUM OF UNDERSTANDING FOR PUBLIC TRANSPORTATION SERVICES (2002-1-14/R-17)

 

WHEREAS, the Towns of Chapel Hill and Carrboro and the University of North Carolina at Chapel Hill are partners in supporting the provision of community public transportation services; and

 

WHEREAS,  the Memorandum of Understanding is an important agreement which outlines the  cost sharing and service relationship for the community public transportation services operated by the Town of Chapel Hill;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby established a committee to review the current Memorandum of Understanding for Public Transportation Services.

 

BE IT FURTHER RESOLVED that the Council invites the Carrboro Board of Aldermen and the Chancellor of the University of North Carolina at Chapel Hill each to appoint two members to the committee that would include two members of the Chapel Hill Town Council.

 

BE IT FURTHER RESOLVED by the Council that the Committee report its recommendations to the Council for consideration during the budget discussions for fiscal year 2002-2003.

 

This the 14th day of January, 2002.

 

Item 14—Appointments

 

14a.-Bicycle and Pedestrian Advisory Board.  The Council appointed Kate Millard and Alice Neebe.

 

Bicycle and Pedestrian

 Advisory Board                                                   Council Members

 

      Applicants

Foy

Bateman

Evans

Harrison

Kleinschmidt

Strom

Verkerk

Ward

Wiggins

TOTAL

Jed Dube

X

 

 

 

 

X

X

 

 

3

 

Christine Khoury

 

 

 

 

 

 

 

 

 

0

 

Kate Millard

 

X

X

X

X

X

X

X

X

8*

 

Nancy Milio

 

 

 

 

 

 

 

 

 

0

 

Alice Neebe

 

X

X

X

X

 

 

X

X

6*

 

Barry Starrfield

 

 

 

 

 

 

 

 

 

0

 

Mitch Strobin

 

 

 

 

 

 

 

 

 

0

 

 

14b.–Human Services Advisory Board.  The Council appointed Larry Daquioag.

 

Human Services

Advisory Board                                                     Council Members

 

      Applicants

Foy

Bateman

Evans

Harrison

Kleinschmidt

Strom

Verkerk

Ward

Wiggins

TOTAL

Larry Daquioag

X

X

X

 

X

X

X

X

X

8

 

Julie Pace

 

 

 

X

 

X

 

 

 

2

 

Gary Wallach

 

 

 

X

 

 

 

 

 

1

 

 

 

14c.-Personnel Appeals Committee.  The Council appointed Catharine Cummer.

Personnel Appeals

    Committee                                                          Council Members

 

      Applicants

Foy

Bateman

Evans

Harrison

Kleinschmidt

Strom

Verkerk

Ward

Wiggins

TOTAL

Catharine Cummer

X

X

X

 

X

X

X

X

 

7*

 

Larry Daquioag

 

 

 

X

 

 

 

 

X

2

 

 

14d.-University Arts Common Committee.  The Council appointed Barbara Barnes as the citizen representative to this Committee.  The Council had earlier this evening appointed Council Member Dorothy Verkerk as the Council’s representative to this Committee.

 

     University Arts

Common Committee                                          Council Members

 

      Applicants

Foy

Bateman

Evans

Harrison

Kleinschmidt

Strom

Verkerk

Ward

Wiggins

TOTAL

Barbara Barnes

X

X

X

X

X

 

 

X

X

7*

 

James Cryer

 

 

 

 

 

X

X

 

 

2

 

Robert Joesting

 

 

 

 

 

 

 

 

 

 

 

Hunter Levinsohn

 

 

 

 

 

 

 

 

 

 

 

Linda Passman

 

 

 

 

 

 

 

 

 

 

 

Andrew Ross

 

 

 

 

 

 

 

 

 

 

 

Susan Simone

 

 

 

 

 

 

 

 

 

 

 

Virginia Sullivan

 

 

 

 

 

 

 

 

 

 

 

 

 

Information Item Pulled—5d

 NC 54/I-40Transit Corridor Feasibility Study Update

 

Transportation Director David Bonk reviewed the update of the study.  He said at the request of the Durham-Chapel Hill-Carrboro Transportation Advisory Committee (TAC) the Triangle Transit Authority (TTA) initiated a NC 54/I-40 Transit Corridor Feasibility Study to evaluate the possible implementation of a fixed guideway transit system between Chapel Hill and the Research Triangle Park.  Mr. Bonk said the TTA provided funds for the study, and developed a scope of work in cooperation with staff from Durham, Chapel Hill and other interested areas.  Mr. Bonk said the scope of work is out for proposals, which are due on January 18, 2002 for review.  He said a policy committee will be assembled to include representatives from Durham and Chapel Hill and others and will ultimately go to the TTA Board of Trustees.

 

Council Member Strom asked if there were additional corridors similar to this study would it be too late for a broader corridor study to be made.  Mr. Bonk said that in terms of influencing the scope once it was laid out, requests could be made to the Transportation Advisory Committee, or from the Triangle Transit Authority Board of Trustees.  He said TAC would be the best avenue, and the TTA would also have to agree.

 

Council Member Strom asked what the Council thought about the scope, and would it be worth looking into having a study done of an alternative route through Town in the future.

 

Council Member Harrison said there was room for new concepts coming from Chapel Hill 

 

Council Member Evans said this was a connection to RTP, but she was afraid that the focus might be derailed and not provide the Council with the information it wanted.

 

Council Member Harrison said he did not think that adding options would confuse things.

 

Mayor Foy asked where the investigation of a corridor from the Gateway to Highways 86 and I-40 stood.  Mr. Bonk said a memo was being prepared to come before the Council at a meeting later this month or in February.

 

Council Member Strom said looking into the future Gateway becomes the Town’s premier transit station and much of the Town misses out on access.  He said it was much more efficient to look at the possibilities now when it was in a preliminary research gathering feasibility stage to know what the possibilities were for the future.

 

Council Member Strom said he would bring a resolution back to the next Council meeting with specific proposals.

 

Mayor pro tem Evans asked if the Council could hear the staff discussion as well.

 

 

Item 15—Request for Closed Session to Discuss Property Acquisition,

Personnel, and Litigation Matters

 

COUNCIL MEMBER HARRISON MOVED, SECONDED BY COUNCIL MEMBER WARD, THAT THE COUNCIL MOVE INTO CLOSED SESSION.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

The meeting adjourned at 10:29 p.m.