SUMMARY MINUTES OF A BUSINESS MEETING
OF THE CHAPEL HILL TOWN COUNCIL
MONDAY, OCTOBER 7, 2002, AT 7:00 P. M.
Mayor Kevin Foy called the meeting to order at 7:05 p.m.
Council members present were Pat Evans, Ed Harrison, Bill Strom, Dorothy Verkerk, Jim Ward, and Edith Wiggins.
Council Members Flicka Bateman and Mark Kleinschmidt arrived at 7:10 p.m.
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, Parks and Recreation Director Kathryn Spatz, Planning Director Roger Waldon, Transportation Planner David Bonk, Police Administrative Analyst Valerie Foushee, Assistant Library Director Mark Bayles, and Town Clerk Joyce Smith.
Item 1 - Ceremonies
1a. Proclamation in Recognition of Domestic Violence Awareness Month.
Mayor Foy read the proclamation describing domestic violence as a pattern of coercion and control in an intimate relationship where one person uses violence to gain power and control over the other. Domestic violence includes physical, mental, emotional and financial abuse, he said, as well as isolation and sexual violence. Mayor Foy pointed out that domestic violence had been reported by 25 percent of American women and that 30 percent of Americans report knowing someone who has been abused by her husband or boyfriend in the past year. Mayor Foy proclaimed October 2002 as Domestic Violence Awareness Month. He asked citizens to keep this in mind as part of an ongoing effort to understand and work with fellow citizens who are in turmoil.
1b. Proclamation in Recognition of National Disabilities Employment Awareness Month.
Mayor Foy read the proclamation describing disability as a natural part of human experience. Being disabled does not diminish the right of individuals to live independently, he said, or to enjoy self-determination, make choices, and contribute to society. Mayor Foy pointed out that those with disabilities have a right to full inclusion in the economic, political, social, cultural and educational mainstream of American society. He noted that the Town's goals include providing disabled individuals with opportunities and support to make informed choices and to exercise their full rights as citizens. Mayor Foy declared October 2002 as National Disabilities Employment Awareness Month.
1c. El Pueblo, Inc., thanking Town Council for Support of La Fiesta del Pueblo.
El Pueblo Board Member Sandra Rodrigez, 2002 Co-Chair of La Fiesta del Pueblo, thanked the Town Council for supporting La Fiesta, which she said had been a "huge success." There were 48,000 participants, Ms. Rodrigez said, and she described the festival as a wonderful opportunity for organizations to conduct health, public safety, technology and employment outreach to the Latino community. Ms. Rodrigez praised the many volunteers who helped and said that El Pueblo looked forward to the Town's support again next year for the tenth annual La Fiesta del Pueblo.
Item 2 - Public Hearing: 2002 Law Enforcement Block Grant
Mayor Foy explained that the Law Enforcement Block Grant was for $44,510.
Police Department Administrative Analyst Valerie Foushee explained that tonight's public hearing was one of three requirements for eligibility to receive the grant, which had been awarded to the Department for six consecutive years. The funds would enable the Police Department to increase training, she said, and to upgrade technology and implement crime prevention programs. Ms. Foushee explained that the Department would return to the Council on October 21st for authorization to accept the grant.
COUNCIL MEMBER VERKERK MOVED, SECONDED BY MAYOR PRO TEM EVANS, TO CLOSE THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Mayor Foy addressed some of the specifics of the Land Use Management Ordinance, about which several people had signed up to comment, from a prepared statement, which read:
"I would like to address again some concerns that have been raised about specifics in the new Land Use Management Ordinance.
“First, the ordinance is a document that is still being crafted, and we will continue to hold public hearings and listen to ideas about it for at least the next month.
“It is a document that will help define how this town grows over the next ten to twenty years. We know there will be significant population growth over that time, and we plan that it will take place within the same town borders that we have today. That means more people in the same space--possibly 20,000 more people added to the current population of about 50,000.
“This Land Use Management Ordinance takes on the issue of balancing growth against environmental and neighborhood protection. So there certainly will be changes as we attempt to be good stewards of this town.
“One specific concern people have expressed, however, is with regard to the Resource Conservation District, a concept established in 1984 that has served us well since that time. Its purpose is to protect the water supply and minimize flooding by prohibiting, as much as possible, building near streams.
“This Council never intended that the rules governing the RCD be changed. That means that nobody's house is going to be "nonconforming" as a result of changes in this Land Use Management Ordinance. People's investments are secure -- you can see the increase in property values throughout this Town since 1984 as evidence that the RCD has not hurt anyone's home value. If anything, the way that this Town has historically respected the environment, including the strict limits on development in stream buffers, has increased the value of homes in Chapel Hill.
“There are matters of judgement that the Council and citizens need to consider in shaping the new Land Use Management Ordinance. We welcome the continuing dialogue. But homeowners should rest assured that the value of their homes and their ability to reconstruct or renovate their homes will not be different than if has been for the past twenty years."
Mayor Foy noted that several people had signed up to speak on agenda item #8 even though it was a procedural matter and not a public hearing. He pointed out that the Land Use Management Ordinance public hearing would reopen on October 21st. Mayor Foy asked Council members if they wanted to allow those who signed up speak to do so now rather than waiting for agenda item #8. Council members agreed by consensus to hear the speakers during the Petitions section of the meeting.
Item 3 - Petitions
a. Petitions by citizens on items not on the agenda.
1. Brookstone Apartment Community regarding Chapel Ridge Apartment Complex Construction.
Brookstone resident Christina Bach explained there had been a stipulation that Northfield not be used as an entrance or exit to Chapel Ridge. She asked the Council to consider changing that stipulation because the only way to get into the 500-resident Chapel Ridge community now was along a small road through Brookstone Apartments. Ms. Bach said that those at Brookstone Apartments would be submitting a petition regarding this.
MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER STROM, TO RECEIVE AND REFER THE PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
2. Jay Brenman regarding Installation of Power Lines near Northwoods V Related to Larkspur Development.
Northwoods V resident Jay Brennan explained that the Larkspur developer had paid for an expensive power line that zigzags across the street to avoid the Larkspur entrance. The line had created safety hazards, was an eyesore, and had done unnecessary damage to trees and the environment, Mr. Brenman said. He stated that the altered line had been installed without notification, approval, or a prior easement. Mr. Brennan requested that the Town immediately halt all approvals, permits and inspections for Larkspur until a solution was found. He asked the Council to immediately request that Duke Power not activate those lines which no residents or businesses currently need or depend upon.
Mr. Brennan asked the Town Council to require that Duke Power return to its original plan to have all lines on one side of the street. He also asked the Council to require Duke Power to release Northwoods Homeowners Association, in writing, from the requirement to have 50 feet of landscape buffer, since Duke Power has already trimmed and cut down trees within this buffer. Mr. Brenman suggested that the Town ban third parties from contributing money to Duke Power for work done in Chapel Hill's right-of-way or public easements. He asked if the Town Public Works Department had supervised and directed the erection of the electricity poles, as it is legally required to do. Mr. Brennan suggested that Council members come to the site and see the 100,000-watt transmission towers and the train tracks just behind the entrance. He noted that there is no plan to build residences to the left entrance, where, he said, the poles should be located.
Council Member Strom noted that the petition requested immediate action, and asked Mr. Horton to suggest a course of response from the Town that would allow the Council to make a determination prior to the lines being electrified. Mr. Horton replied that the staff could determine whether or not the lines were installed in a right-of-way that Duke Power has legal right to use. He noted that the Utilities Commission of North Carolina regulates Duke Power. As long as Duke Power is performing according to those regulations, Mr. Horton said, the Town could not prevent them from energizing the lines.
Council Member Strom determined from Mr. Horton that the staff report would come back to the Council on October 21st.
Council Member Ward noted that even if the project had progressed properly the Council should at least understand it in order to have as much input as possible. He suggested instructing the Manager to communicate with Duke Power about not energizing the lines until everyone understood the issue. Mr. Horton explained that he had talked with Mr. Scott Garner of Duke Power and would do everything he could to address this. Mr. Horton added, though, that the Town could not stop Duke Power from energizing lines if everything has been done in accordance with their legal rights.
Mayor Foy pointed out that knowing the cost of changing the lines would be useful because the Town might be able to work with the Larkspur developer on this. Mr. Horton replied that Duke Power should be readily able to provide the cost of moving those lines. He suggested that the Town also request information on the cost of moving the lines back across the street. The present process does not require the developer, or Duke Power, to tell the Town how they plan to provide service to a new development, Mr. Horton said. He pointed out that changing this is one of the goals of the revised development review process in the new Land Use Management Ordinance.
Council Member Ward suggested expanding this in the new ordinance to include all utilities. Mr. Horton pointed out that the Town would have the opportunity to review service plans in Special Use Permits (SUPs) and subdivisions.
Council Member Wiggins suggested using "moral persuasion" to rectify the unnecessary and unsightly situation. She suggested that the staff use their negotiating skills to reverse this situation. Mr. Horton agreed, adding that the Town would depend on the good will of Scott Gardner and Duke Power to assist with this.
Council Member Kleinschmidt recommended talking with the developer as well.
Council Member Strom agreed, noting that the Town had a "very engaged relationship" with the Larkspur developer. He urged the Manager to actively pursue a conversation with both Duke Power and the developer.
MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER STROM, TO RECEIVE AND REFER THE PETITION AND TO HAVE THE MANAGER REPORT TO THE COUNCIL BY EMAIL ABOUT ANY PROGRESS MADE IN DISCUSSIONS BEFORE THE OCTOBER 21ST COUNCIL MEETING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
3. Diane Davis regarding Library Fines.
Mayor Foy noted that this was a written petition.
Council Member Bateman moved the petition stated that fines for books on reserve should be included as well.
COUNCIL MEMBER BATEMAN MOVED, SECONDED BY MAYOR PRO TEM EVANS, TO RECEIVE AND REFER THE PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
4. Ralph Abrahams regarding the Need for Additional Fire Department Resources.
Mr. Abrahams stated that there was an inadequate number of firefighters to protect Chapel Hill citizens and Town buildings. He wondered if the Town Council was aware of the magnitude of this problem. Mr. Abrahams said that he had requested data from the Town regarding the number of firefighters who have been added to the Department since 1990, as compared to increases in population, dwellings, and commercial buildings. He noted that the Fire Department was not required by law to increase its staff in relation to the increase in population, and urged the Council to address the situation without delay. Mr. Abrahams recommended increasing the number of firefighters per truck from two to four. He stressed that the quantity of firefighters must increase and the quality of training needed to improve. Money from the Town budget and tax dollars should be allocated to this, he said.
COUNCIL MEMBER WARD MOVED, SECONDED BY MAYOR PRO TEM EVANS, TO RECEIVE AND REFER THE PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
5. Judy Weseman and Alan Rimer regarding Stormwater Utility.
Ms. Weseman described herself and Mr. Rimer as long-time Chapel Hill residents and engineers with an interest in stormwater management. She asked the Town Council to establish a multi-jurisdictional stormwater management advisory committee. Ms. Weseman predicted that the Town would eventually develop a stormwater utility as a way of meeting Environmental Protection Agenda (EPA) requirements. She argued that to let such a facility be developed solely by consultants would jeopardize the special culture and nature of Chapel Hill.
Council Member Strom said he would move the petition and asked that it come back in time for the Council to discuss it prior to re-engaging with the consultant.
COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER WARD, TO RECEIVE AND REFER THE PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
6. Kyle Cattani, Teresa Walters and Charles Walters regarding Follow-up on the Larkspur Power Line Issue.
Mr. Cattani pointed out that burying power lines, as other communities are doing, would have prevented the Larkspur issue from occurring. He said that the Larkspur developer appears to be moving power lines from the entrance to Larkspur and inflicting them on their neighbors. Mr. Cattani said that the Town should not be surprised when a property is developed at the expense of its neighbors, since Carol Woods had done the same thing last year. He argued that there is an incentive for developers to act this way as long as aboveground lines are permitted. The mandate to bury power lines, at the developer's expense, must come from the Town Council, he said. Mr. Cattani encouraged Council members to include strong language in the new ordinance that will prohibit the installation of above ground lines.
Ms. Walters displayed a drawing of where the utility poles for Larkspur had been placed. Her drawing indicated that the lines ran along the west side of Weaver Dairy Road, crossed over to the other side to avoid the Larkspur entrance, and then crossed back again and ran along the other side of the street.
Mr. Walters, President of the Northwoods Homeowners Association, remarked that Northwoods residents wanted to maintain the safety and aesthetic beauty of their area. He thanked Council members for being receptive to this and said that he had changed what he'd intended to say because of that. Mr. Walters asked why Northwoods residents had not been notified about Larkspur's and Duke Power's actions, noting that they frequently receive Town notices about things they have no interest in. He said that the Larkspur developer had approached Duke Power and offered to pay to have the power lines moved.
Mr. Walters requested that the Town Council ask Duke Power to move the lines back to the other side of the street, and not at Northwoods' expense. No one gains from this "highly controversial and questionable scheme," he said, and everyone loses. He pointed out that the Larkspur entrance is surrounded by power lines even though they do not cross it. What could have been a beautiful view of the sky was now just power lines, said Mr. Walters, and for "the questionable benefit of who knows who."
COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER STROM, TO RECEIVE AND REFER THE PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
7. Herbert Slapo regarding Brookstone Apartments.
Mr. Slapo explained that his road has become the main thoroughfare from the Chapel Ridge Apartments, which is twice the size of Brookstone Apartments. He explained that closing the entrance used for construction of the Chapel Ridge Apartments had left the burden on Brookstone for entering and exiting both complexes. Mr. Slapo described this as an overload on his street. He pointed out that the entrance used during construction was closer to Airport Road and wondered why it was not being used now as well.
MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO RECEIVE AND REFER THE PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
8. Comments and Petitions regarding the Land Use Management Ordinance.
Fred Black asked the Town Council to instruct the staff to notify, in writing, the presidents and leaders of all Homeowners Associations in Chapel Hill of the proposed restrictions and implications of draft three of the Land Use Management Ordinance. He asked that the notice refer in particular to areas dealing with flood area restrictions, tree protection requirements, impervious surface limitations, stormwater management regulations, steep slopes restrictions, resource conservation districts, and neighborhood conservation districts. Mr. Black stated that it was not clear whether the Council would take action to exempt current property. He recommended sending a notice in order to achieve maximum participation at the public hearing.
MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO RECEIVE AND REFER THE PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Delores Bailey, a resident of Northside, stated that residents in her neighborhood were "excited and cautious" about the changes in the new Land Use Management Ordinance. She stressed that Northside needed protection from development, which she described as out of scale and out of character with the neighborhood. Ms. Bailey expressed pride in Northside's heritage, but stated that it was becoming less likely that African Americans would be able to continue living there. The majority of the community is no longer owner-occupied, she said, and many of the rental units are not available to low-income people. Ms. Bailey pointed out that renters often lack concern about keeping up their property and behaving well in the neighborhood.
Ms. Bailey asked the Town Council to help protect Northside. She said that sections of the third draft would stop the unabated development of dormitory housing that is taking over her neighborhood. Ms. Bailey stated that the vast majority of investors and landlords do not live in Northside. She remarked that those landlords did not have the interests of the neighborhood in mind when they oppose the draft ordinance.
Ms. Bailey proposed that each property owner with six or more rental units offer 15% of those units as affordable housing. She also recommended allowing for more community review, or awareness of proposed developments in the neighborhood. Ms. Bailey asked that residents who live within 100 yards of a development be notified of all proposed projects, even those requiring only staff review. She encouraged Council members to enforce the requirement that only two unrelated people reside in each unit.
COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER WARD, TO RECEIVE AND REFER THE PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Benjamin Williams, owner of duplexes at Booker Creek, suggested making a distinction in the draft ordinance between high-density and low-density duplex developments. He explained that his units had been built as duplexes and said it would be difficult to convert them to single-family homes. Mr. Williams pointed out that doing so would create the kind of single-family development in the midst of condominiums and apartments that the ordinance was trying to avoid. Describing his duplexes as an example of responsible multi-family building in Chapel Hill, he invited the Council come look at them.
Regarding the proposed limit of two non-related persons, Mr. Williams pointed out that his duplexes consist of a three-bedroom and a two-bedroom unit. He explained that three people have lived in the three-bedroom unit throughout its 20-year history. Limiting a 1,700 square foot structure to two persons, he said, would provide an excess of at least 600 square feet of living space at a current building cost of approximately $60,000. Mr. Williams stated that this would cause a loss of rental income and property value in a structure designed to house more than two people.
MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO RECEIVE AND REFER THE PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Ken Jones, representing about 40 homeowners in the Oxford Hills subdivision, proposed changing the draft Land Use Management Ordinance to read, "structures conforming to ordinances which were in effect at the time of their construction will not be categorized as nonconforming properties. Such structures would continue under the rules and regulations in place at the time of their original construction. Such structures could be rebuilt, repaired, remodeled and expanded, as long as such changes made would not violate the ordinances in effect at the time of the original construction."
Mr. Jones asked that this apply to current as well as future owners. He suggested that all existing homeowners association covenants remain in force and that RCD lines not be redrawn around existing structures. Mr. Jones recommended that the new floodplain maps be adjusted to prevent existing structures, which were not originally in Federal Emergency Management Administration (FEMA) floodplains, from being included in the new FEMA floodplain maps. And if all of the above changes were not made to the ordinance, he asked that all mention of time limits be struck to insure that owners of currently complying structures be allowed to occupy, remodel or expand as long as it meets regulations in effect when constructed.
Mayor Foy explained that the Town does not have authority to draw flood maps. The federal government draws those maps, he explained, and they delineate the actual flood areas. Mayor Foy pointed out that the requirement for flood insurance is federally mandated, and is not something the Town has control over.
MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO RECEIVE AND REEFER THE PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
James Lea, who said he has lived on the banks of Cedar Fork Creek for more than 20 years, pointed out that the creek erosion and silt in a nearby lake were not the result of misuse by him or his neighbors. Mr. Lea suggested that the Council consider more stringent means of enforcing already established regulatory requirements for developers in watersheds. He recommended doing that rather than expanding the RCD, which would threaten him and the value of his property.
MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO RECEIVE AND REFER THE PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Aaron Nelson, speaking for the Chapel Hill-Carrboro Chamber of Commerce, reported that some members of the Chamber's Governor’s Relations Committee remained concerned about properties being made nonconforming. He stated they were worried about what that designation would entail, and submitted two petitions on the Committee's behalf:
· That, as soon as possible, the Council establish and make known its policy regarding the effective date of this ordinance, and that it set that effective date at six months following adoption of the ordinance. Or, if not, that all projects that have submitted a department head review as of the date of adoption be allowed to proceed under current regulations.
· That the Council ask the staff to identify and notify in writing each individual property owner, business and residential, that will be included in the proposed expanded RCD. That is, those included in both the widening of the RCD and the proposed buffers around intermittent streams. The Committee asks that the notice include potential implications to property, including the prohibition of almost all building and land disturbing activity.
MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO RECEIVE AND REEFER THE PETITIONS. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Charlie Nelson, a Chapel Hill resident and business owner, stated that draft three had the potential to substantially impact businesses and commercial property redevelopment. He petitioned the Council to instruct staff to notify in writing all owners of business and commercial property that would exceed imposed impervious surface regulations and that would be made non-conforming by the new ordinance.
MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO RECEIVE AND REEFER THE PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Dan Coleman, representing the Sierra Club, suggested that an information and education component be included in the Manager's schedule. He remarked about confusion in the community due to inadequate time to understand the very complicated document. Mr. Coleman said that understanding the connection between the Land Use Management Ordinance and the old ordinance would dispel many concerns. He pointed out that public input is at its best when the public is well informed. People do not have clear information, Mr. Coleman said, as was exemplified tonight by the Mayor having to clarify information regarding floodplains.
COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER WARD, TO RECEIVE AND REFER THE PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
3b. Petitions by citizens on items on the agenda. None
3c. Announcements by Council members. None
Item 4 - Consent Agenda
COUNCIL MEMBER BATEMAN MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT R-1. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES (2002-10-07/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:
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a. |
Amendment to Council Calendar (R-2). |
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b. |
Resolution Authorizing Disposition of Surplus Property (R-3). |
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c. |
Additional Funding for Streetscape Benches (R-4). |
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d. |
Budget Amendment for Library Consultants (O-1). |
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e. |
Correcting Inconsistencies in Town Code Section 21-27.9 regarding “No Parking during Certain Hours Except by Residential Permit” (O-2). |
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f. |
Deleted. |
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g. |
Nominations to the Library Board of Trustees and the Morgan Creek Trail Conceptual Plan Committee (R-6). |
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h. |
Budget Amendment and Resolution for Fiscal Year 2002-2003 Transportation Capital Grant (O-2.1) (R-6.1).
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This the 7th day of October, 2002.
A RESOLUTION AMENDING THE 2002-2003 TOWN COUNCIL MEETING CALENDAR (2002-10-07/R-2)
WHEREAS, the Council’s meeting calendar must be adjusted from time to time to allow for additional meetings or restructuring of previously scheduled meetings;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby amends its 2002-2003 meeting calendar as follows:
This the 7th day of October, 2002.
A RESOLUTION DECLARING 430 ITEMS OF PERSONAL PROPERTY TO BE SURPLUS AND AUTHORIZING AND DIRECTING THE DISPOSAL OF SAID PROPERTY IN ACCORDANCE WITH STATUTORY REQUIREMENTS (2002-10-07/R-3)
WHEREAS, Article 12 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:
Thirty-five vehicles including: (1) 1985 Ford Ranger Truck, (1) 1986 Dodge ¾-Ton Van, (1) 1990 Ford Bucket Truck, (1) 1993 Mack Cab & Chassis, (1) 1993 Ford ¾-Ton Pickup Truck, (2) 1994 Chevrolet Caprices, (1) 1994 Ford Taurus, (1) 1994 Chevrolet Corsica, (1) 1994 Chevrolet Cavalier, (2) 1994 Ford 1-Ton Pickup Trucks, (3) 1994 Ford ½-Ton Pickup Trucks, (1) 1994 Ford ¾-Ton Pickup Truck, (1) 1994 Ford Explorer 4X4, (4) 1995 Chevrolet Caprices, (1) 1995 International Rear Loader Garbage Truck, (1) 1995 International Side Loader Garbage Truck, (1) 1995 Ford ¾-Ton Pickup Truck, (2) 1995 Ford Crown Victoria (1) 1996 Chevrolet Lumina, (1) 1996 Chevrolet Caprice, (1) 1996 Ford ½-Ton Pickup Truck, (3) 1998 Ford Crown Victoria, (2) 1999 Crown Victoria, (1) 1992 G04 3-Wheel Scooter.
There are three hundred ninety-five (395) miscellaneous items including: Allis Forklift, Case Skid Steer Loader, Jacobsen T422D Riding Mower, Tennent 3-Wheel Parking Deck Sweeper, Fuel Tanks, Trailers, Spare Parts, Traffic Light Parts, 5 HP Industrial Air Compressor, Stihl Model 026 Chainsaw, Office Furniture and Equipment, Projectors, Color TV, Copier, Telephones, Computers and Accessories, Typewriter, and miscellaneous office supplies.
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.
That prior to public auction the Purchasing Agent is authorized to dispose of any of the personal property by sale, lease, exchange, sealed bid, or transfer to other government units in conformity with N. C. General Statute 160A-274.
That the terms of the sale shall be to the highest bidder for cash or other form of cash equivalents acceptable to the Purchasing Agent. All sales shall be designated final on the day of the auction.
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.
That it shall be condition of sale that all items purchased shall be picked up and removed from the premises of the Municipal Operations 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 7th day of October, 2002.
A RESOLUTION AUTHORIZING THE TOWN MANAGER TO UTILIZE $4,000 OF AVAILABLE STREETSCAPE BOND FUNDS TO PROVIDE STAINLESS STEEL FOR FABRICATION OF BENCHES AND AN HONORARIUM FOR THE ARTIST, ARLENE SLAVIN (2002-10-07/R-4)
WHEREAS, customized benches are to be created as the public art component of the 2002 Streetscape improvement project; and
WHEREAS, the artist commissioned to produce the benches did not charge design fees; and
WHEREAS, stainless steel is the preferred material to fabricate benches from; and
WHEREAS, $4,000 is currently available from Streetscape funds;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to allocate an additional $4,000 of Streetscape bond funds to pay for benches to be fabricated from stainless steel and to provide an honorarium for the artist who designed the benches.
This the 7th day of October, 2002.
AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2002 (2002-10-07/O-1)
BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled “An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 2002” as duly adopted on July 26, 2002 be and the same is hereby amended as follows:
ARTICLE I
Current Revised
APPROPRIATIONS Budget Increase Decrease Budget
GENERAL FUND
Library 1,938,160 20,000 1,958,160
LIBRARY GIFT FUND 95,000 11,000 106,000
ARTICLE II
Current Revised
REVENUES Budget Increase Decrease Budget
GENERAL FUND
Grants 482,750 20,000 502,750
LIBRARY GIFT FUND 50,000 11,000 61,000
This the 7th day of October, 2002.
AN ORDINANCE AMENDING CHAPTER 21 OF THE TOWN CODE OF ORDINANCES REGARDING ON-STREET PARKING (2002-10-07/0-2)
BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
Section 1. Section 21-27.1 of the Town Code of Ordinances, “No parking during certain hours.” is hereby amended by deleting the following:
“Street Side From To
(a) 8:00 a.m. to 5:00 p.m.
Colony Court South Mallette East
end
Crest Street South Full length
Glandon Drive East A point 300 feet north of western Gimghoul Road,
intersection
with Gimghoul Road eastern intersection
Westwood Drive Outside Columbia Street, north entrance West University
of
loop Drive
(b) 8:00 a.m. to 12 noon, Monday—Friday
McCauley Street South A point 300 feet west of the A
point 294 feet east of
center
line of Pittsboro Street the center line of Ransom
Street
McCauley Street South The center line of Ransom A
point 224 feet east of Street center
line of Ransom
Street
Smith Avenue North Full length
(c) 9:00 a.m. to 4:00 p.m. Monday—Friday
Basnight Lane West The center of Cameron Avenue A point 425 feet north of
the
center of Cameron Avenue
Boundary Street East Rosemary Street North Street
Boundary Street West Full length
Bowling Creek Road Either Full length
Brookside Drive North Hilltop Street T-intersection
Brookside Drive West McCauley Street Dead
end
Caldwell Street South Church Street 60
feet west of N.
Columbia Street
Cameron Court East Full length
Campbell Lane West Entire length
Carolina Avenue West 50 feet north of
center line of 283 feet north of center line
of East Franklin Street of East
Franklin Street
Chase Avenue Either Full length
Cobb Terrace Outside 250 feet north
of Henderson A point 375 feet north of
of
loop Street Henderson
Street
Cobb Terrace Outside 250 feet north
of Henderson 420 feet north of of
loop Street Henderson Street
Coolidge Street Either Full length
Country Club Road Either Laurel Hill Road Ledge
Lane
Dogwood Drive Outside Full length
of
loop
Edwards Street East Full length
Fern Lake Either Full
length
Glenburnie Street East Full length
South Graham Street East Full length
Henderson Street East North
Street Cobb
Terrace
Henderson Street West North Street 160
feet north of Rosemary Street
Howell Street South A point 300 feet east of the A
point 514 feet east of
centerline
of Purefoy Road, the
centerline of Purefoy
at
the southwest intersection of Road at the intersection of
Purefoy Road and Howell Street Purefoy
Road and Howell
Street
Iris Lane Either Full
length
Isley Street East A point 75 feet northeast of Stinson Street
North Columbia Street
Laurel Hill Circle Either Full length
Laurel Hill Road Either Laurel Hill Circle Fern
Lane
Ledge Lane Outside Full length
of
curve
Lindsay Street South Church Street Mitchell Lane
Lone Pine Road Either Full length
Noble Street North Pritchard
Avenue North Columbia Street
North Stinson Street North A point 75 feet west of North The western
end of the
Columbia Street street
North Street South A point 130 feet west of A
point 250 feet east of
Henderson Street Columbia Street
North Street South Henderson
Street Dead end
North Street South Hillsboro Street Glenburnie Street
Otey's Road Either Mason Farm US
15-501 Bypass
West Patterson Place North Full length
Pine Lane Either
Full length
South Roberson Street West Franklin
Street Cameron
Street
Roberson Street East 150 feet south of
Franklin Street Cameron
Street
Roberson Street Either Full length
West Rosemary Street North
Roberson Street Graham
Street
Roundhill Road North 200 feet west of
center line of 300 feet west of center line
Laurel Hill Road of Laurel Hill Road
Short Street South Entire
length
Stephens Street North 102 feet east of
North 169 feet east of North
Columbia Street Columbia Street
Stephens Street North 220 feet east of
North 60 feet west of
Columbia Street Airport
Road
Stinson Street South A point 75 feet east of North Isley
Street
Columbia Street
West University North Full length
Drive
West University North Pittsboro Street Ransom Street
Drive
Valentine Lane Either Full length
Valley Road North Full length
(Briarbridge Valley)
Vance Street South Full length
Vance Street Either Full length
Extension
Westwood Drive Outer West University
Drive 100 feet west of South
loop Columbia Street
Whitehead Circle Either Full length
Whitehead Road Either Full length
Wilson Street East Full length
Woodland Avenue West Full length
(d) 10:00 p.m. to 6:00 a.m.
South Graham East A point 170
feet south of Cameron
Avenue
Street Franklin Street
South Graham West A point 340 feet
south of Cameron
Avenue
Street Franklin Street
South Roberson East Cameron Avenue A point 184 feet south
of
Street Franklin Street
South Roberson Street West Franklin
Cameron Avenue
(e) 9:00 a.m. to 4:00 p.m.
Senlac Road South Full length”
Section 2. Section 21-27.9 of the Town Code of Ordinances, “No parking during certain hours except by residential permit,” is hereby amended by adding the following in appropriate alphabetical order:
“Street Side From To
(b) 8:00 a.m. to 5:00 p.m.
Colony Court South Mallette East end
Crest Street South Full length
Glandon Drive East A point 300 feet north of western Gimghoul Road,
intersection with Gimghoul Road eastern intersection
Westwood Drive Outside Columbia Street, north entrance West University Of loop Drive
(c) 8:00 a.m. to 12 noon, Monday—Friday
McCauley Street South A point 300 feet west of the A point 294 feet east of the
center line of Pittsboro Street center line of Ransom
Street
McCauley Street South The center line of Ransom Street A point 224 feet east of
the center line of Ransom Street
Smith Avenue North Full length
(d) 9:00 a.m. to 4:00 p.m. Monday—Friday
Basnight Lane West The center of Cameron Avenue A point 425 feet north of
the center of Cameron Avenue
Boundary Street East Rosemary Street North Street
Boundary Street West Full length
Bowling Creek Road Either Full length
Brookside Drive North Hilltop Street T-intersection
Brookside Drive West McCauley Street Dead end
Caldwell Street South Church Street 60 feet west of N.
Columbia Street
Cameron Court East Full length
Campbell Lane West Entire length
Carolina Avenue West 50 feet north of center line of 283 feet north of center
East Franklin Street line of East Franklin Street
Chase Avenue Either Full length
Cobb Terrace Inside 50 feet north of Henderson 250 feet north of
of Loop Street Henderson Street
Cobb Terrace Outside 250 feet north of Henderson A point 375 feet north of
of loop Street Henderson Street
Cobb Terrace Outside 250 feet north of Henderson 420 feet north of
of loop Street Henderson Street
Coolidge Street Either Full length
Country Club Road Either Laurel Hill Road Ledge Lane
Dogwood Drive Outside Full length
of loop
Edwards Drive East A point 50 feet north of A point 380 feet north of
Gomains Avenue Gomains Avenue
Edwards Street East Full length
Fern Lake Either Full length
Glenburnie Street East Full length
South Graham East Full length
Street
Henderson Street East North Street Cobb Terrace
Henderson Street West North Street 160 feet north of
Rosemary Street
Howell Street South A point 300 feet east of the A point 514 feet east of
centerline of Purefoy Road, the centerline of Purefoy
at the southwest intersection of Road at the intersection of
Purefoy Road and Howell Street Purefoy Road and Howell
Street
Iris Lane Either Full length
Isley Street East A point 75 feet northeast of Stinson Street
North Columbia Street
Laurel Hill Circle Either Full length
Laurel Hill Road Either Laurel Hill Circle Fern Lane
Ledge Lane Outside Full length
of curve
Lindsay Street South Church Street Mitchell Lane
Lone Pine Road Either Full length
Noble Street North Pritchard Avenue North Columbia Street
North Stinson Street North A point 75 feet west of North The western end of the
Columbia Street street
North Street South A point 130 feet west of A point 250 feet east of
Henderson Street Columbia Street
North Street South Henderson Street Dead end
North Street South Hillsborough Street Glenburnie Street
Otey's Road Either Mason Farm US 15-501 Bypass
West Patterson North Full length
Place
Pine Lane Either Full length
South Roberson West Cameron Street Franklin Street
Street
Roberson Street East 150 feet south of Franklin Street Cameron Street
Roberson Street Either Full length
West Rosemary North Roberson Street Graham Street
Street
Roundhill Road North 200 feet west of center line of 300 feet west of center line
Laurel Hill Road of Laurel Hill Road
Short Street South Entire length
Stephens Street North 102 feet east of North 169 feet east of North
Columbia Street Columbia Street
Stephens Street North 220 feet east of North 60 feet west of
Columbia Street Airport Road
Stinson Street South A point 75 feet east of North Isley Street
Columbia Street
West University North Full length
Drive
West University North Pittsboro Street Ransom Street
Drive
Valentine Lane Either Full length
Valley Road North Full length
(Briarbridge Valley)
Vance Street South Full length
Vance Street Either Full length
Extension
Westwood Drive Outer West University Drive 100 feet west of South
loop Columbia Street
Whitehead Circle Either Full length
Whitehead Road Either Full length
Wilson Street East Full length
Woodland Avenue West Full length
(e) 10:00 p.m. to 6:00 a.m.
Cameron Avenue Both Graham Street Roberson Street
South Graham East A point 170 feet south of Cameron Avenue
Street Franklin Street
South Graham West A point 340 feet south of Cameron Avenue
Street Franklin Street
South Roberson East Cameron Avenue A point 184 feet south of
Street Franklin Street
South Roberson West Franklin Street Cameron Avenue
Street
(f) 9:00 a.m. to 4:00 p.m.
Senlac Road South Full length”
Section 3. This ordinance shall become effective upon adoption by the Town Council.
This the 7th day of October, 2002.
A RESOLUTION NOMINATING APPLICANTS TO VARIOUS ADVISORY BOARDS AND COMMISSIONS (2002-10-07/R-6)
WHEREAS, the applications for service on an advisory board or commission or other committees listed below have been received; and
WHEREAS, the applicants have been determined by the Town Clerk to be eligible to serve;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the following names are placed in nomination to serve on an advisory board or commission:
Library Board of Trustees
Paul Jones
Rolin Mainuddin
Morgan Creek Trail Conceptual Plan Committee
Howard Diamond
Marion Diamond
Frank DiIorio
Richard Killingsworth
Julianne Koritz
Bernard Leewood
Michael Ling
Mark Rhodes
Amy Ryan
Bobbie Sigmund
Forrest Stroud
Julia Thomson
This the 7th day of October, 2002.
AN ORDINANCE AMENDING A PROJECT BUDGET FOR A TRANSPORTATION CAPITAL GRANT (2002-10-07/O-2.1)
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 grant project is hereby amended as follows.
SECTION I
The Federal Transit Administration Urbanized Area Formula (Section 5307) funds are from 2002 federal funds from an agreement with the Federal Transit Administration.
SECTION II
The Manager of the Town of Chapel Hill is hereby directed to proceed with the implementation of the project within the terms of the grant agreements executed with the Federal Transit Administration and the funds appropriated herein.
SECTION III
Revenue anticipated to be available to the Town to complete activities as outlined in the project budget is amended as follows:
Current Revised
Budget Budget
Federal Transit Administration Grants $ 568,000 $ 907,000
N.C. Department of Transportation 71,000 113,375
Town of Chapel Hill (local match) 71,000 243,375
Total $ 710,000 $1,263,750
SECTION IV
Amounts are appropriated for the project are amended as follows:
Capital Construction Costs $ 710,000 $1,263,750
SECTION V
The Manager is directed to report annually on the financial status of the project in an information section to be included in the Annual Budget, and shall keep the Council informed of any unusual circumstances.
Copies of this project ordinance shall be entered into the Minutes of the Council and copies shall be filed within 5 days of adoption with the Manager, Finance Director and Town Clerk.
This the 7th day of October, 2002.
A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE CHANGE ORDERS TO THE CONTRACT WITH JONES BROS., INC. IN A CUMULATIVE AMOUNT UP TO $185,000 (2002-10-7/R-6.1)
WHEREAS, the Town of Chapel Hill has entered into a contract with Jones Brothers, Inc., as the general contractors of Jones Ferry Road Park-Ride Lot for $994,266; and
WHEREAS, during the construction of the park-ride lot, change order requests totaling $161,248 have been submitted by Jones Bros., Inc.; and
WHEREAS, it is possible that some additional change order requests may be received before the project is closed out; and
WEHREAS, anticipated changes orders will cause the contract to exceed the original contract price by more than $50,000;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is authorized to approve change orders in a cumulative amount of up to $185,000.
This the 7th day of October, 2002.
Item 5 – Information Items
5a. Response to Questions Raised about Horace Williams Disposal Sites.
Council Member Strom removed 5a.
Dan Coleman noted that the University was planning to raise billions of dollars and that limited funds, therefore, should not be an issue regarding the clean-up. He pointed out that Horace Williams is the worst hazardous waste site in Chapel Hill, and advised Council members to press UNC for answers to the questions at the end of the Manager's memo. Mr. Coleman noted that UNC will be requesting various rezonings and SUPs for the OI-2 zone from Airport Drive across the Horace Williams property. He urged Council members to ask that commitments to clean up the site be attached to those requests.
Mayor Foy asked for clarification of page three under the EPA report. Does "probably be reassessed" mean that it would be reassessed, he asked, or, does it mean reassessed if there were migration of contamination? Assistant to the Town Manager Bill Stockard replied that he understood it to mean that it would not necessarily be reassessed just because of development but in response to something that triggers a reassessment.
Council Member Kleinschmidt asked if this meant that it "probably would" or "definitely would" be reassessed if, for example, a well were contaminated. Mr. Stockard replied that something would have to let the EPA or the NC Department of Energy and Natural Resources (NCDENR) know that there had been a contamination. There would have to be a specific reason for them to reassess, he said.
Council Member Verkerk inquired about possible mechanisms for constantly checking to determine if there had been migration. Mr. Stockard replied that water samples were being taken twice a year. So far, he said, there had been no contamination problems.
Council Member Strom noted that the University's consultant had reported that the benzene level in the pond on Horace Williams is 144,000 times higher than the State standard. He pointed out that benzene is a known carcinogen, and stressed the importance of getting clear answers rather than vague agreements in principle. Council Member Strom said that he was still waiting for answers to his questions about timing and about the University's commitment to move aggressively. He commented that it was unclear whether the University intends to proceed with construction without cleaning the site up. Chapel Hill citizens deserve a clear response from the University regarding timing and commitment, said Council Member Strom.
Mayor Foy pointed out that a response from UNC Chancellor Moeser had arrived at 5:00 p.m. today. That letter specifically responds to the timetable question, he said, but added that Council members had not had a chance to look at it closely. Mayor Foy explained that the Chancellor's letter does set out a framework but it is not clear about when the beginning would be. Mayor Foy pointed out that funding was not available from any of the sources the Town had tried. Mr. Stockard remarked that Brownfields funding was a possibility that the Town might learn more about in November.
Council Member Bateman agreed that it was reasonable to ask the University for a specific timetable. She remarked that some of the stagnant ponds and streams on the Horace Williams site were "horrible looking," and expressed alarm about the benzene level.
Council Member Harrison asked Council Member Strom for the source of the benzene information. Council Member Strom replied that it was available on the Town website, and he offered to circulate the information to all Council members.
Mayor Foy noted that the Chancellor's letter had said that eight years would be needed for the cleanup. But, he said, the question is when that cleanup would begin.
5b. Follow-up on Sykes Street Project Work.
Information received with no comment.
Item 6 - Presentation by the University on the Arts Common Project
Steve Allred, Chair of the Arts Common Planning Committee, gave an overview of the project at Franklin and Columbia Streets. He explained the current proposal to transform that end of campus into a more pedestrian-friendly gathering place in a greener setting. Mr. Allred displayed a map of how the traffic pattern would be altered, and displayed slides showing how the project would create symmetry. The plan includes renovating Playmakers Theater and Gerard Hall, he said, and he outlined various steps in the long-range plan. Mr. Allred also showed where the 300-car underground parking deck would be located. He explained that the University had a 10-year building plan and some bond money. UNC will need to raise much more funding, he said, adding that UNC's Board of Trustees would receive the plan for approval in November.
In response to a question by Council Member Ward, Mr. Allred explained that the Ackland Museum, Gerard Hall and Playmakers Theater could be renovated independently of the build-out.
Mayor Foy inquired about whether the Ackland would be extended to Franklin Street. Mr. Allred replied that this was one of several alternatives. Mayor Foy spoke in favor of the Franklin Street alternative. Mr. Allred agreed, but pointed out that it would require a lot of fund-raising and development and would be part of the long-range plan.
Mayor pro tem Evans asked how, after this was taken to the Board of Trustees, it would be decided what would be done. Mr. Allred replied that the Committee would ask the Board to approve completion of the Fine Arts Library and the Music Building, renovation of Swain Hall, construction of Communications South and Communications North, and renovation of Person Hall. Then, when more funds were available, they would request the renovation of Gerard and Playmakers, he said. Mr. Allred pointed to a space behind the Ackland Museum, which he said the Board already had approved, but stated that the rest would require sequencing. Mr. Allred explained that the only remaining question was whether to replace or renovate 134 E. Franklin Street.
Council Member Verkerk expressed gratitude to the Committee for including the Town and Town Council members in the planning. She described the project as a wonderful collaborative experience.
Council Member Harrison described the project as one of the most exciting developments on the UNC campus. Mr. Allred said that architects had described the project as transforming a parking lot into a park, which he said was a good metaphor.
Mayor Foy praised how the design for two new buildings has them facing Columbia Street as well as the quad, rather than turning their backs to the Town. Mr. Allred pointed out that there will be several accesses to the Music Building as well.
Council Member Wiggins asked which buildings had bond funding and which required raising funds. Mr. Allred replied that bond money had been for a building which no longer exists. That $23 million would be used instead for similar purposes, he said, which include music, communications and library projects. He explained that about $1.1 million and $1.2 million in bond money was available for Gerard Hall and for Playmakers, respectively. This will be used for foundation work, air conditioning, and so forth, Mr. Allred said.
Item 7 - Referral of Apple Chill Street Fair Petition to the Parks and Recreation
Commission, Process and Time Frame for Receipt of the Report
Parks and Recreation Director Kathryn Spatz spoke in response to a request for an evaluation of the Town's Apple Chill street fair. She suggested that Festifall be evaluated as well. Ms. Spatz stated that the Parks and Recreation Commission would be the logical group to lead such an evaluation, and that participants should also include merchants, churchgoers, taxpayers, and residents near Franklin Street as well. She explained that the two recommendations before the Council differed with regard to when this item would come back to the Council. Bringing it back in May 2003 would allow Apple Chill to take place before the evaluation, she said, while the second recommendation is for bringing back a report in January. Ms. Spatz expressed concern about vendors hesitating to sign up for an event that might change dramatically. She explained that switching to a new site would require that much work be done quickly. For these reasons, she said, the staff was recommending Option A, to come back to the Council in May 2003.
Betty Mauttsby, owner of Lucky Stars at 145 E Franklin Street, expressed enthusiastic support for continuing both street fairs. She pointed out that new malls were being patterned after the street fair atmosphere. Having street fairs on two out of 365 days is a worthwhile event and expenditure, she said. Ms. Mauttsby described the fairs as incubator markets for new artists and craftspeople. She said that she enjoys "being a part of a local celebration of season, creativity, opportunity, playfulness, song, dance, food, giving, caring, and sharing." Ms. Mauttsby recommended that the celebrations be allowed to continue taking place in the heart of the Town.
Eunice Brock thanked the staff for preparing the report. She urged Council members to request a report back in January, before the next Apple Chill, rather than spending more time and money on more reports, user forums and public studies. Ms. Brock stated that the Town had a propensity to assign issues over to committees, which "study things to death" and then don't pursue them. She suggested spending the $30,000-$40,000 on sending more disadvantaged kids to camp rather than on the next Apple Chill. Pointing out that planting trees and replacing the copier at the library had been cut from the budget, Ms. Brock argued that those things would have more lasting value than five hours of entertainment. She asked Council members to examine the budget for what could have been saved if Apple Chill had not been held this year. Ms. Brock also recommended publishing a questionnaire in the newspaper to find out what people really want.
Council Member Kleinschmidt described the street fairs as an opportunity that the Town provides to members of the community to showcase themselves. He asked that the analysis include how many participants are from the Chapel Hill and Carrboro communities.
COUNCIL MEMBER KLEINSCHMIDT MOVED RESOLUTION A, SECONDED BY COUNCIL MEMBER VERKERK.
Council Member Bateman agreed that the 30-year tradition ought to be evaluated, but spoke in favor of the later date. She said that she had not been persuaded by the argument that there were more participants from beyond Town boundaries. The Town is expanding to think regionally, she said. Council Member Bateman asked that representatives of churches, neighborhoods, and downtown businesses be included in the evaluation.
Council Member Bateman reported that some residents had complained that they had been charged for parking when coming out of the lot after church during Festifall. Mr. Horton explained that he had not yet received the details regarding that situation, but that it had sounded to him like bad judgment by the Town. He described the incident as "an honest error made in an entrepreneurial spirit," and noted that he normally encourages this spirit among Town staff.
Mayor Foy supported Council Member Bateman's suggestion to include churches and businesses. Mr. Horton stated that approval of Resolution A would mean that the staff would bring back a revised composition so the Council could solicit applications for additional persons to participate. Council Member Kleinschmidt and Mayor pro tem Evans accepted the amendment.
Council Member Harrison also expressed support for Council Member Bateman's suggestion to broaden the committee. He said that he would like to know if something could be changed so that fewer Police Department resources would be needed at the festivals. Council Member Harrison also expressed concern about access to churches and coordination problems associated with that.
Mayor pro tem Evans noted that there had been many changes in street fairs over the years and that there seemed to be more space devoted to children. She asked for information about what determines the festivals' changing focus.
Council Member Ward said that he was persuaded that there were significant nuisance, safety and cost issues associated with the fairs. He recommended studying this before going through another Apple Chill, noting that the answers to many of the questions should be known.
Council Member Ward proposed a friendly amendment requesting a report back to the Council in time to address some of the negative issues before Apple Chill 2003. Mr. Horton remarked that the staff does experiment and learn from each street fair, and makes adjustments. The Committee and staff could report back to the Council on any ideas that might be installed in time for the 2003 Apple Chill, he said.
Council Member Kleinschmidt replied that he had assumed that the staff would do this as a matter of course.
Council Member Ward commented that the Parks and Recreation Department did not see some of the problems to be as serious as some members of the community do. For that reason, he said, issues such as traffic jams need to be given greater attention.
Council Member Kleinschmidt agreed with the suggestion to have the staff bring back an interim report in January so that the Council could ensure that everyone had been included in the conversation. Mr. Horton offered to also bring back a more general report so that the committee can receive guidance from the Council.
Council Member Wiggins verified that the proposed committee would include any department connected with Apple Chill. Mr. Horton replied that all staff members would be available to participate and support the work of the group.
COUNCIL MEMBER KLEINSCHMIDT AMENDED HIS MOTION, SECONDED BY COUNCIL MEMBER VERKERK, TO ADOPT RESOLUTION 7A AS AMENDED TO INCLUDE THAT REPRESENTATION OF CHURCHES, NEIGHBORHOODS AND DOWNTOWN BUSINESSES BE INCLUDED, AS WELL AS INFORMATION ABOUT THE CHANGING FOCUS, AND THAT A REPORT COME BACK ON JANUARY 27, 2003, TO ADDRESS SOME OF THE NEGATIVE CONCERNS REGARDING FAIRS. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION REFERRING A PETITION TO EVALUATE THE TOWN’S APPLE CHILL STREET FAIR TO THE PARKS AND RECREATION COMMISSION AND THE MANAGER AND REQUESTING THAT THE MANAGER AND COMMISSION REPORT TO THE COUNCIL IN MAY 2003 (2002-10-07/R-7a)
WHEREAS, the Town of Chapel Hill has sponsored the Apple Chill Street Fair for 30 years on East Franklin Street; and
WHEREAS, on August 26, 2002 the Council received a petition from a citizen requesting an evaluation of the Apple Chill Street Fair; and
WHEREAS, on September 18, 2002 the Parks and Recreation Commission requested that it be involved in any evaluation effort;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the citizen’s petition to evaluate the Apple Chill Street Fair be referred to the Parks and Recreation Commission and the staff. The Parks and Recreation Commission and Manager are authorized and encouraged to take the following steps in the evaluation of the Town’s street fairs:
· Evaluate both Apple Chill and Festifall Street Fairs.
· Hold at least two Public Forums to address issues related to street fairs.
· Meet with affected parties including business owners, church leadership, fraternities, sororities, street fair vendors, and artisans.
· Perform community surveys of user satisfaction including surveys taken on-site at the 2003 Apple Chill Street Fair, by telephone, or through the mail. Surveys should also determine where users live.
· Expand the study beyond the Chapel Hill-Carrboro community. How many vendors are from the community, and how many are from other areas?
· Invite representatives of downtown churches, affected neighborhoods, and downtown businesses to participate on the committee.
· The Council will accept applications and a committee will be appointed to conduct the evaluation. The Parks and Recreation Commission will make a recommendation on the composition of the committee and the Council would then appoint members.
· Review financial information and the impact of the fairs on Town Departments, particularly the impact on police resources and police coverage of the remainder of the Town during the fair.
· Evaluate all impacts, including nuisances, safety, traffic, and cost.
· All Town departments affected by the fair will assign a staff person to the committee.
· Recommend whether either or both fairs should be eliminated or changed and, if so, how.
BE IT FURTHER RESOLVED by the Council that the committee will provide the Council with a preliminary report by January 27, 2003. There will be two preliminary reports: one by staff on issues (with churches, merchants, neighbors, etc.) which are being immediately addressed for the 2003 fair; the other report from the review committee, updating on progress of the public process, etc.
BE IT FURTHER RESOLVED by the Council that the Manager is directed to work with the downtown merchants and churches when planning logistics for the 2003 event.
BE IT FURTHER RESOLVED by the Council that efforts be made to complete the evaluation process and report to the Council by May 2003.
This the 7th day of October, 2002.
Item 8 - Procedural Suggestions related to Proposed Third Draft of
New Land Use Management Ordinance
Mr. Horton noted that a couple of these recommendations involved the Council considering action on specific items on October 21st and the remaining elements on November 25th. Planning Director Roger Waldon described the September 18th public hearing as "robust" and the reaction since then as "vigorous." He noted that tonight was not a public hearing but a response to the Council's request for procedural suggestions. Mr. Waldon thanked Mr. Coleman for suggesting a public information meeting and said that the staff would schedule that. He stated that the public hearing would reconvene on October 21st and suggested that the Council adopt portions of the Land Use Management Ordinance at that meeting. The staff would recommend action on nonconforming features and on duplex provisions, he said.
Mr. Waldon announced a citizen workshop on Saturday, October 26th. Noting that October 21st is a business meeting with a full agenda, he recommended recessing the public hearing again on that night and scheduling a full night of comment on October 28th. The staff could report on the October 26th workshop on October 28th, he said. Mr. Waldon proposed that the staff return with a final draft to put the Council in the position to enact the ordinance on November 25th.
Mr. Waldon explained that the staff would bring back language on October 21st that would allow the Council to adopt new nonconforming language. This would have the positive benefit of sending a message to the community of what the Council's intentions are, he said. Mr. Waldon stated that the language would take care of the nonconforming issue, but the RCD issue was more complex. A property that currently exists in the floodplain, he said, is subject to federal restrictions that the Town cannot take away regardless of the new ordinance. For those outside the floodplain, Mr. Waldon said, the staff will suggest that no existing structure (or one where construction has substantially begun) would be nonconforming.
A property that is covered by an existing SUP has a vested right and can continue as proposed, said Mr. Waldon. So developments that have SUPs would not become nonconforming. That would, however, apply to an undeveloped lot that does not have a structure on it and is not covered by a SUP, Mr. Waldon said. He added that new regulations would also apply to a lot that has not yet been created but for which a preliminary plat has been approved.
Council Member Harrison and Council Member Verkerk commented that terms such as "nonconforming features" might be difficult for the public to understand. Mr. Waldon replied that the term had been used in Chapel Hill's ordinance at least since 1981 and was a very common one.
Council Member Harrison said that the staff's memo had been helpful in providing clarification. He asked what quantity of intrusion a variance would allow on a property with a 150-foot rather than a 75-foot distance for the RCD. Mr. Waldon replied that this would be a case-by-case determination by the Board of Adjustment, which can give a variance even though its charge is to grant the most minimal variance necessary to allow reasonable use and eliminate the hardship.
Council Member Strom affirmed that a property owner's remedy, in Example #4 in the memo, would be to apply for a variance. So their right to develop the land has not been taken away but set down a different course, he said. Mr. Waldon pointed out that there were nuances and different circumstances, however. For example, there routinely is language in the approval that says you cannot create a lot that will require a variance that doesn't have a buildable area, Mr. Waldon said.
Regarding Example #5, which refers to Larkspur, Council Member Strom asked if the Town had approved only a preliminary plat for Larkspur. Mr. Waldon replied that he had mistakenly been discussing example #5 when answering Council Member Strom's previous question about example #4. Larkspur, he said, was a subdivision, which is different in many ways from a SUP in that it approves the creation of lots subject to conditions. Mr. Waldon explained that the Council approves a preliminary plat for a subdivision. That does not vest a right, he said, but it is a preliminary approval with steps to follow.
Mayor Foy commented that it was odd that the power lines had already gone in. Mr. Waldon replied that there were two related paths that the developer takes: one is to get approval of final plans for construction of things such as power and utility lines and streets; the other is to get in a position to file a final plan that actually creates the lots. Mr. Waldon pointed out that the two paths, though related, require different processes.
Council Member Bateman expressed concern about changing the rules for Larkspur in mid-process. She hoped that the staff would be able to find a better way to resolve this, she said. Mr. Waldon responded that making an exception for Larkspur would mean having to make an exception for every other undeveloped lot in Town, especially for those that are further along in the process.
Mayor Foy noted that in the case where a landowner cannot build outside of the RCD, for whatever reason, the Board of Adjustment almost has to give a variance because the burden of proof shifts to the Town to prove that the landowner should not be allowed to build there. Since the RCD is designed to push development away from the stream but not to prevent people from building on their property, the Mayor said, then it would be unlikely that a property owner would not be allowed to get a variance if the property is platted there.
Town Attorney Ralph Karpinos commented that the Council was raising difficult questions regarding complicated matters. The Town could write an ordinance that addresses projects that have received preliminary plat approval by talking about preliminary plat approval as effectively establishing a vested right, he said, if the Council is interested in that option. Mr. Karpinos noted that Mayor Foy had pointed out that another option would be to say that these lots have a presumptive right to a variance. The problem with that, Mr. Karpinos explained, is that the Town has a standard that says that no lots can be created which require a variance. So, going that route would mean that the staff could not approve the final plat based on what the Council has already done on preliminary plats, he said.
Mayor Foy asked if, in answer to Council Member Bateman's concerns, the Town could make the language in the ordinance encompass Larkspur. Mr. Karpinos replied that the difficulty would be to distinguish Larkspur from other lots that are further along in the process. Mr. Horton added that the staff had given fair warning to those who had gone through the application process over the last couple of years that what they had submitted could be subject to a change.
Mayor pro tem Evans pointed out that the Town was now more than 90% built out. Horace Williams and the Green Tract are the only remaining large tracts, she said. She questioned the wisdom of creating nonconforming properties when there are no rules that will apply to them, and asked what the good of doing it is. Mayor pro tem Evans stated that she has had difficulty getting a mortgage because she lives on a nonconforming property, and asked what is the Town trying to achieve, and what is the measurable benefit. Saying that a person was eligible for a variance did not mean that they could use their land as they want to, she said, just because they go before the Board of Adjustment.
Mr. Waldon stated that the staff was likely to bring a recommendation on October 21st that would put the Council in the position to take action on regulating duplexes. He noted that the staff had listed the negative impact that some duplexes can have on neighborhoods and pointed out that there had recently been an increase in applications for duplexes. Mr. Waldon advised the Council to take action on October 21st to prevent, at least for now, the development of additional duplexes in neighborhoods where it could be damaging. At a later time, Mr. Waldon said, the Council could use one of the tools it might create, such as Neighborhood Conservation Districts or other overlay zoning districts, to thoughtfully select where duplexes might be appropriate. He explained that one option will be to remove duplexes as a permitted use in certain zoning districts. Another might be to limit the size of duplexes that could be built, Mr. Waldon said.
Mayor Foy asked if the staff was recommending changing the third draft. Mr. Waldon and Mr. Horton replied that they would recommend adopting an ordinance change to the current Development Ordinance.
Council Member Kleinschmidt inquired about previous suggestions to link duplexes and affordable housing. Mr. Waldon replied that these were issues the Town should think about, but not ones that could be resolved quickly. Mr. Horton pointed out that the staff was trying to address the present concern about additional applications for very large structures. They planned to bring the Council a mechanism to prevent those duplexes for the time being, he said, while continuing to develop longer-term solutions. Mr. Waldon pointed out that the Town has a Residential Special Standards zoning district, which is used in an affordable housing context.
Council Member Kleinschmidt requested some targeted discussion of the issue of occupancy restrictions when this comes back on October 21st.
Council Member Bateman labeled it as "unwise public policy" to ban any type of housing. She said that she understood, though, that the staff was suggesting a temporary ban on duplexes in order to give the Council time to sort this out. Council Member Bateman recommended defining temporary, however, adding that this would be the only way that she could support it.
Council Member Strom noted that there had been a proposal in the third draft to permanently ban duplexes and that he had consistently disagreed with that. He suggested relaxing the review, streamlining the approval process, and loosening restrictions for those who build duplexes and agree to put them in the Land Trust.
COUNCIL MEMBER HARRISON MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT RESOLUTION 8.
Council Member Wiggins suggested that Mayor Foy write an open letter to citizens about some of the features of the draft ordinance and the associated dates. Mr. Horton suggested purchasing space for a letter in the local papers.
Council Member Kleinschmidt pointed out that other cities had placed notices on trash receptacle handles, but Mr. Horton replied that rain and wind can thwart such attempts.
Mayor pro tem Evans recommended sending letters to the Planning Department's contact list as well. Mr. Horton replied that this would be done as a matter of course.
Council Member Wiggins recommended that the letter be written in simple language and that it list how the changes might affect property. The first paragraph could be similar to Mayor Foy's statement earlier tonight, she said.
Council Member Bateman suggested sending the letter out with OWASA bills. Mr. Horton pointed out, though, that OWASA customers do not all receive their bills at the same time and some don't receive bills at all.
Council Member Verkerk commented that citizens should wake up and pay more attention, adding that the Council should not have to notify people, over and over, that it is doing things that might affect their property.
Council Member Ward agreed, but said that a simple letter in the newspaper should at least be tried.
Mayor pro tem Evans remarked that it was logical for people to become more involved in fine-tuning specifics that were not of concern until the third draft.
Council Member Wiggins suggested that the Mayor's letter be in large page format and include reassuring details that Council Member Bateman could edited to make sure the average person would understand. The mover and seconder accepted that as a friendly amendment.
Council Member Harrison asked for advice from the Council on the most constructive way to get some of his ideas, including specifications, into the mix for Council discussion and public forums. Mayor Foy determined from Mr. Horton that it would be appropriate for Council members to work with the Planning Department to develop a memo that includes their ideas.
COUNCIL MEMBER HARRISON AMENDED HIS MOTION, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT R-8 AS AMENDED TO INCLUDE AN OPEN LETTER FROM THE MAYOR TO CITIZENS EXPLAINING THE PROCESS. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION SCHEDULING A CITIZEN WORKSHOP ON THE PROPOSED NEW LAND USE MANAGEMENT ORDINANCE FOR SATURDAY, OCTOBER 26, 2002, AND SCHEDULING CONTINUATION OF A PUBLIC HEARING FOR OCTOBER 28, 2002 (2002-10-07/R-8)
WHEREAS, the Chapel Hill Town Council is continuing its discussion of a proposed Third Draft of a new Land Use Management Ordinance; and
WHEREAS, a Public Hearing on this ordinance was conducted on September 18, 2002, recessed until October 21, 2002; and
WHEREAS, the Council has determined that additional opportunities for citizen review and comment on this proposed ordinance are needed;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council schedules a Citizen Workshop for Saturday, October 26, 2002, from 9:00 am until noon, at Chapel Hill Town Hall, as suggested in the Town Manager’s memorandum of October 7, 2002.
BE IT FURTHER RESOLVED that the Council intends, on October 21, 2002, to reconvene the Public Hearing, discuss the draft ordinance, consider enacting portions of the ordinance, and recess the hearing until October 28, 2002, for further consideration of remaining portions.
Be it Further Resolved that the Council authorizes the Mayor to send an open letter to citizens that describes key draft provisions of the new Land Use Management Ordinance, using ads placed in local newspapers, mailings, emails, or any other methods identified as appropriate by the Town Manager.
This the 7th day of October, 2002.
Item 9 - Proposed Modifications to US 15-501 Fixed-Guideway
Corridor and Station Areas
Transportation Planner David Bonk reminded the Council that the recommendations of the Phase II study had called for a corridor between Duke University and UNC in Chapel Hill and had evaluated various technologies that might be used. On October 22, 2001, he said, the Council had endorsed the corridor that was recommended in that report but had deferred action on a specific technology until the federal environmental process began. In November, Mr. Bonk stated, the Transportation Advisory Committee (TAC) adopted the report, as recommended, with the corridor shown in the plan. He said that two projects that had recently been proposed in Durham County would potentially threaten protection of the corridor: a proposal for redevelopment of South Square Mall, and a proposal to develop a site at the corner of Ephesus Church Road and George King Road.
Mr. Bonk outlined the proposal to tear down the existing 600,000 square-foot South Square Mall and replace it with several smaller stores, totaling about 400,000 square feet. He explained that this was causing concern because the fixed guideway system requires dense development around the station. This density should be a mix of residential, commercial and other office uses, Mr. Bonk said. He explained that Durham would hold public hearings on a proposal to modify the corridor. Mr. Bonk expressed concern about the impact this might have on additional operational costs or potential ridership. Mr. Bonk pointed out that South Square probably was the largest station along that corridor, other than UNC or Duke. It brought up issues having to do with land use itself and the proposed land use arrangement, he said.
Moreover, Mr. Bonk explained, the Durham School District was proposing to build an elementary school at the corner of Ephesus Church and George King Roads and to realign the corridor. He noted that there had been no evaluation of what would be the potential realignment, adding that the southern part of the site is hilly and could pose problems for the corridor.
Mr. Bonk recommended that both proposed changes be evaluated for operational and land use impacts on the corridor. He pointed out that the final determination on modifying the corridor should be made by the TAC. The TAC had sponsored the first set of studies, endorsed and approved the US 15-501 Major Investment Study, and ultimately will be the body responsible for pursuing the implementation of a fixed guideway corridor, he said. Mr. Bonk explained that adopting Resolution 9 would call on Durham and Durham County to pursue some analysis and to ask the TAC to endorse any change to the corridor.
Mayor Foy pointed out that this potential move of the corridor could jeopardize funding for that whole portion of the project. The project will not get federal funding without sufficient ridership, he said, and the South Square stop was supposed to be second to Duke Medical Center and UNC Hospitals. Mayor Foy stated that these changes could create a serious disruption of the project and that it is appropriate for Chapel Hill to give an opinion.
Council Member Harrison pointed out that the Durham City Council could have some affect on this during a required "Traffic Impact Analysis SUP," which is a process that the Durham City Council is learning how to do. He noted that Durham's Mayor Bell, a Triangle Transit Authority (TTA) member, was sensitive to this issue. Council Member Harrison agreed that Durham City Council members should be made aware of the effect that these changes could have. He noted that the Ephesus Road school would require a major SUP review before the Durham County Commissioners. Council Member Harrison added that those two SUP reviews seem to be the only instances where anyone can require anything. He said that Chapel Hill should make sure that Durham's governing boards, as well as the TTA board, know that these actions have implications for the system.
Mayor pro tem Evans asked if South Square had been "alive and well" when the Phase II report was done. Mr. Bonk replied that it had not been healthy but that a design charette for its redevelopment had been held and determined that the station was a critical piece of their plans for redevelopment. The assumption had been that the mall would be developed to be more transit friendly than it had been, he said.
Council Member Strom praised the report and the resolution, noting that the connection between land use planning and successful fixed guideway systems is precise. The TTA Phase II needs the support of coherent, long-term, land use planning, he said.
Council Member Ward suggested that Mayor Foy write a letter to the Mayor of Carrboro, the Orange County Commissioners, and the Chatham County representatives on TAC. He stressed that this perspective ought to be shared by every member of TAC, adding that it would be received more positively if not coming just from the Council. Council Member Ward also suggested that Mayor Foy encourage those bodies to pass similar resolutions. Mayor Foy agreed, adding that he had already spoken with the Mayor of Carrboro and Chair of the Board of Commissioners about this. They had expressed interest in doing something similar and in receiving information ASAP, he said. Mayor Foy agreed with the suggestion to include Chatham County as well.
COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, TO ADOPT R-9 AS AMENDED TO INCLUDE THE MAYOR SENDING A LETTER TO OTHER MEMBERS OF TAC AND TO CHATHAM COUNTY COMMISSIONERS ENCOURAGING THEM TO ADOPT SIMILAR RESOLUTIONS. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Council Member Strom requested that Mr. Bonk forward a copy of the Council’s action to the TTA as rapidly as possible.
A RESOLUTION PROVIDING COMMENTS AND RECOMMENDATIONS TO THE CITY OF DURHAM, DURHAM COUNTY AND DURHAM-CHAPEL HILL-CARRBORO TRANSPORTATION ADVISORY COMMITTEE ON PROPOSED MODIFICATIONS TO THE ADOPTED US 15-501 FIXED GUIDEWAY CORRIDOR AND STATION AREAS (2002-10-07/R-9)
WHEREAS, the Town of Chapel Hill, City of Durham, Triangle Transit Authority, North Carolina Department of Transportation, and the University of North Carolina at Chapel Hill participated cooperatively in the development of the US 15-501 Major Investment Study; and
WHEREAS, the US 15-501 Phase II Major Investment Study included a recommended fixed guideway corridor and station locations; and
WHEREAS, the Durham-Chapel Hill-Carrboro Transportation Advisory Committee has adopted the recommendations of the US 15-501 Major Investment Study; and
WHEREAS, the implementation of a fixed guideway transit corridor between Durham and Chapel Hill is an important element in maintaining future mobility along the US 15-501 corridor; and
WHEREAS, development proposals have been submitted to the City of Durham and Durham County that require modification of the adopted fixed guideway corridor and station locations; and
WHEREAS, the impacts of these proposed modifications on the feasibility of implementing the US 15-501 fixed guideway corridor are unknown;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council respectfully requests and recommends to the City of Durham, Durham County and the Durham-Chapel Hill-Carrboro Transportation Advisory Committee that:
This the 7th day of October, 2002.
Item 10 - Report from the Council Committee on Horace Williams
Council Member Verkerk reported that she and Council Members Ward and Wiggins had worked with Senior Planning Coordinator Chris Berndt on this. The Committee would have broad inclusion, she said, and would be proactive and specific regarding water, sewer, hazardous waste, stormwater, transportation, housing, schools, natural area protection, fiscal equity, and neighborhood interface. Council Member Verkerk explained that the Committee would consist of 19 or fewer members who would have a mix of general interest and special expertise. She proposed adopting R-10 and then accepting nominations and appointing citizens to the Committee by November 25th.
Mayor Foy praised the report and Council Member Strom described it as well thought-out and complete. He commented that it would benefit the Council and community to get a preliminary report so that the Council could initiate rather than react regarding Horace Williams. Council Member Verkerk said that this had been the feeling of the Committee as well.
Mayor pro tem Evans suggested including parks and recreation spaces on the list.
Council Member Ward agreed with the suggestion for an interim report, adding that a lot can be done, regarding issues relating to location, size, adjacent uses, and demands on water and sewer, and protection of neighborhoods, before knowing what the University's plans are. It is not necessary to wait for more information from UNC, he said. Council Member Ward noted that the Town might even help UNC come up with a master plan that works for everyone.
Council Member Strom suggested setting ninety days after the first meeting for the interim report.
Council Member Ward commented that he and Council Members Verkerk and Wiggins had not meant for the list of topics to be exclusive.
COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT R-10 AS AMENDED TO INCLUDE PARKS AND RECREATION SPACE AND AN INTERIM REPORT TO COME BACK NINETY DAYS AFTER THE FIRST MEETING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION ESTABLISHING A HORACE WILLIAMS CITIZENS COMMITTEE (2002-10-07/R-10)
WHEREAS, the Town’s Comprehensive Plan has a goal to provide an environment where the Town of Chapel Hill and the University of North Carolina at Chapel Hill can collaborate to maximize mutual benefits; and
WHEREAS, the Comprehensive Plan includes a strategy to continue the Town’s involvement in planning for the future development of the Horace Williams property; and
WHEREAS, the University of North Carolina at Chapel Hill has stated its intent to prepare a land use plan to serve as a future guide for the development of the Horace Williams property (Carolina North);
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council establish a Horace Williams Citizens Committee to work with the University, its consultants, and its committees to review information about potential development of the property and identify key issues for Council consideration.
BE IT FURTHER RESOLVED that the charge and composition of the Citizens Committee be established as follows:
A. Charge of the Committee:
- Develop a set of Principles, including community interests and goals and objectives, to guide the Council’s deliberations with the University of North Carolina at Chapel Hill regarding the development of the Horace Williams property (Carolina North), including the following topic areas:
o Water/sewer
o Hazardous waste
o Stormwater
o Transportation modes, including transit, bicycle, pedestrian, and auto
o Housing
o Schools
o Natural area protection
o Fiscal equity
o Neighborhood interface
o Parks and Recreation space/facilities
- Provide advice to the Council concerning potential Town input to the University related to these Principles that should be considered, as the University’s plans are prepared.
- Keep the Council informed about work in progress on a regular basis, beginning with a preliminary report 90 days after the first Committee meeting.
- Propose a process for Council consideration identifying points in the process where Public Hearings and Forums would be appropriate, to be able to bring information to the attention of the community and provide opportunity for citizen comment.
- Prepare recommendations for the Council’s consideration regarding the University’s plan for the Horace Williams property once a proposal is developed.
- Provide advice to the Council about ways to incorporate these Principles into the Council’s ultimate zoning and ordinances for the Horace Williams property.
B. Composition of the Committee:
Not to exceed nineteen (19) members to be appointed by the Council, including:
- 2 members of the Chapel Hill Town Council;
- 8-9 citizens with special expertise in the first eight topic areas relating to the Horace Williams property, as identified in the charge; and
- 3-5 neighborhood representatives.
In addition, the Mayor shall request that the Chancellor of the University of North Carolina at Chapel Hill, the Board of Orange County Commissioners, and the Carrboro Board of Aldermen appoint one member each to the Committee.
BE IT FURTHER RESOLVED that the Council expresses its intent to advertise and make appointments to the Horace Williams Citizens Committee by November 25, 2002.
This the 7th day of October, 2002.
Item 11 - Appointments
11a. Library Board of Trustees. Paul Jones was appointed.
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Council Members |
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Library Board of Trustees Applicants |
Foy |
Bateman |
Evans |
Harrison |
Kleinschmidt |
Strom |
Verkerk |
Ward |
Wiggins |
TOTAL |
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Cory Brooks |
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- |
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Clinton Hicks |
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- |
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Leslie Johns |
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- |
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Paul Jones |
X |
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X |
X |
X |
X |
X |
X |
X |
8 |
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Jessica Kem |
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- |
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Gholam Mainuddin |
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- |
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Margaret Siefert |
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X |
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1 |
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Brynda Smith |
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- |
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11b. Morgan Creek Trail Conceptual Plan Committee. Amy Ryan, Bobbie Sigmund, and Julia Thomson were appointed as neighborhood representatives. Richard Killingsworth and Michael Ling were appointed as at-large representatives.
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Council Members |
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Morgan Creek Trail Conceptual Plan Committee Applicants |
Foy |
Bateman |
Evans |
Harrison |
Kleinschmidt |
Strom |
Verkerk |
Ward |
Wiggins |
TOTAL |
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Neighborhood Reps. |
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- |
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Howard Diamond |
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- |
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Marion Diamond |
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- |
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Frank DiIorio |
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X |
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1 |
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Julianne Kontz |
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- |
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Bernard Leewood |
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- |
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Michael Ling |
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X |
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1 |
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Amy Ryan |
X |
X |
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X |
X |
X |
X |
X |
X |
8 |
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Bobbie Sigmund |
X |
X |
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X |
X |
X |
X |
X |
7 |
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Julia Thomson |
X |
X |
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X |
X |
X |
X |
X |
X |
8 |
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At-Large Reps. |
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Richard Killingsworth |
X |
X |
X |
X |
X |
X |
X |
X |
X |
9 |
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Mark Rhodes |
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- |
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Forrest Stroud |
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X |
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1 |
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Michael Ling |
X |
X |
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X |
X |
X |
X |
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6 |
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Item 12 - Petitions
12a. By the Mayor and Council Members.
1. Report on Proposal for Coordination of Triangle Transit Systems (Mayor Foy).
Mayor Foy spoke about a proposal to merge the Chapel Hill, Durham, and Capital Area transit systems into a single system, possibly run by TTA. He said that he and the Manager had been participating in discussions and that adoption of R-11 would authorize them to continue talking about it, without making any commitments, before discussion it with the Council, Carrboro and UNC.
Mayor pro tem Evans suggested that the resolution include a statement that the transportation system has partners. Mayor Foy agreed, adding that they had intended for that to be in there.
Council Member Harrison suggested looking at strategic expansion of services and at keeping some flexibility. He added that consolidation under TTA did not make sense right now.
COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT R-11 AS AMENDED TO INCLUDE A “WHEREAS” STATING THAT PARTNERS WOULD BE INCLUDED. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION AUTHORIZING THE MAYOR AND TOWN MANAGER TO PARTICIPATE IN REGIONAL DISCUSSIONS TO PROVIDE IMPROVED COORDINATION AND POSSIBLE CONSOLIDATION OF TRANSIT SERVICES (2002-10-07/R-11)
WHEREAS, the North Carolina Department of Transportation has initiated the Triangle Regional Public Transportation Coordination Project to study of the impacts of improved coordination and possible consolidation of regional transit services; and
WHEREAS, a proposal has been advanced to implement consolidation of the regional transit systems by January, 2008; and
WHEREAS, the Town of Chapel Hill operates the largest local transit system in the Research Triangle region, in partnership with the University of North Carolina and the Town of Carrboro; and
WHEREAS, the impacts of improved coordination of transit services could be beneficial to the citizens of Chapel Hill; and
WHEREAS, the ongoing study of regional transit services may identify benefits to the citizens of Chapel Hill through the consolidation of transit services;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Mayor and Town Manager to participate in the regional discussion of possible benefits to Chapel Hill of improved coordination and consolidation of regional transit services.
BE IT FURTHER RESOLVED that the Council has not committed to consolidation of Chapel Hill Transit services with other regional transit providers and that any decision by the Chapel Hill Town Council to consolidate some or all of Chapel Hill Transit services would occur only after thorough study and opportunities for public comment, and consultation with the University of North Carolina and the Town of Carrboro.
This the 7th day of October, 2002.
Council Member Strom requested that the Council receive, at it next regular business meeting, an update on the current drought. He asked that the report also include information on the community's performance under the current OWASA guidelines, as well as the future outlook.
12b. By the Manager and Attorney. Mr. Horton commented that cable TV. might be another way to publicize the Council's message regarding the Land Use Management Ordinance. He suggested taping a short segment and running it fairly regularly on the cable channel.
The meeting adjourned at 10:43 p.m.