SUMMARY MINUTES OF A BUSINESS MEETING
OF THE CHAPEL HILL TOWN COUNCIL
MONDAY, APRIL 14, 2003, AT 7:00 P.M.
Mayor Kevin Foy called the meeting to order at 7:00 p.m.
Council members present were Flicka Bateman, Pat Evans, Ed Harrison, Mark Kleinschmidt, Bill Strom, Dorothy Verkerk, Jim Ward, and Edith Wiggins.
Staff members present were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Town Attorney Ralph Karpinos, Assistant to the Manager Bill Stockard, Police Chief Gregg Jarvies, Public Works Director Bruce Heflin, Human Resources Director Pam Eastwood, Planning Director Roger Waldon, Senior Long Range Planning Coordinator Chris Berndt, Stormwater Engineer Fred Royal, Fire Chief Dan Jones, Fire Marshal Caprice Mellon, Library Director Kathy Thompson, Engineering Director George Small, and Town Clerk Joyce Smith.
Item 1 - Ceremonies: Recognition of Retired Town Employees
Mayor Kevin Foy thanked the retiring employees for their hard work and for the vital role they had played in providing services to the citizens of Chapel Hill. The retirees honored this year were:
Archie Poteat. Mr. Poteat retired from the Landscape Division of the Public Works Department with more than five years of service. Mayor Foy said Mr. Poteat consistently arrived at work early and showed a continued interest in improving his performance. Even as his health began to decline, he would not allow this to slow him down, Mayor Foy said, adding that many healthy crewmembers had to work hard to keep up with his pace. Mayor Foy remarked that Mr. Poteat was sorely missed in the Landscape Division.
Lonnie Degraffenreidt. Mr. Degraffenreidt was a Construction Crew Supervisor with the Public Works Department, who retired with 23 years of service. Mayor Foy explained that Mr. Degraffenreidt had come to work for the Town in October 1979 as a truck driver in the Streets Division. Mr. Degraffenreidt had also served as a Mason, an Equipment Operator II, a Construction Worker III, and a Construction Worker V, until October 2000 when he became Construction Crew Supervisor. Mayor Foy described him as a leader, a teacher, and a friend to those he had worked with over the years. He said that Mr. Degraffenreidt's knowledge and expertise would continue to benefit the community through those he had taught and led throughout his tenure with the Town.
LaVerne Elmore. Ms. Elmore was the Purchasing Agent and Contracts Coordinator with the Finance Department, and retired after 30 years of service with the Town. Mayor Foy noted that Ms. Elmore had begun her career with the Town in 1972 in the tax office, working with Sandra Perkins and former Town Tax Collector Dave Roberts, then transferred to the Purchasing Division of the Finance Department in 1978, where she worked until her retirement. Mayor Foy explained that Ms. Elmore had been promoted to the position of Buyer in 1981 and had served under several purchasing agents until 1994, when she was promoted to Purchasing Agent and Contracts Coordinator, where she had served for the last eight years. Mayor Foy wished Ms. Elmore well in her retirement.
Item 2 - Public Hearings: None
Item 3 - Petitions by Citizens and Announcements by Council Members
3a. Petitions by citizens on items not on the agenda.
1. Louis Hightower, representing the Oaks I Homeowners Association, regarding an additional speed hump on Burning Tree Drive.
MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER STROM, TO RECEIVE AND REFER THE PETITION TO THE MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
2. Valerie Foushee, Chair of the Chapel Hill-Carrboro School Board, regarding the Gary Buck property on Eubanks Road being identified as a potential school site.
Mayor Foy explained that this petition addressed how school sites are designated and how Town ordinances work.
Council Member Bateman asked when the Town staff had first become aware that setting aside a school site before development was approved only applied to subdivisions. Mr. Horton replied that he thought it was when the law was established. Mr. Karpinos added that this was what the statute provided when the Council enacted the ordinance pursuant to State law in the late 1980s.
Council Member Bateman commented that this had not been made clear to the Council during the six years she had been a Council member, and that had lead to unfortunate consternation and miscommunication. She added that she hoped for a report that would outline a process for avoiding this in the future. Council Member Bateman requested an option at the State level that would give the Town authority to give schools first refusal before the Town approves developments per se, not just subdivisions.
Mayor Foy ascertained from Mr. Horton that the item would come back to the Council on April 28, 2003.
Mayor pro tem Evans asked Mr. Horton to include information regarding the process that the Town uses to communicate with the property owner regarding these issues.
MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO RECEIVE AND REFER THE PETITION TO THE MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
3. Janet Smith, representing the Columbia Place Homeowners’ Association Board of Directors, regarding a previous ordinance limiting the number of unrelated persons who may reside in a single dwelling unit.
Janet Smith, President of the Columbia Place Board, asked the Council to grandfather in Columbia Place with regard to the new Land Use Management Ordinance (LUMO), which increases to four the number of unrelated persons who may reside in a two-family duplex. She explained that this would conform to the literal interpretation of the regulatory roads that were in place when the housing units were built. Ms. Smith described this as a safety issue, stating that the streets were unable to support doubling the density of parked vehicles. She pointed out that fire trucks had recently had difficulty maneuvering through Columbia Place due to the high number of vehicles parked there.
MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER STROM, TO RECEIVE AND REFER THE PETITION TO THE MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
4. Kathleen Clark-Pearson, regarding National TV Turnoff Week, April 21-27, 2003.
Ms. Clark-Pearson explained that National TV Turnoff Week was a Washington D.C.-based movement and an organization with a mission to ask parents and children to voluntarily turn off their TVs for one week and turn on to other activities. She explained that health advocates, school teachers, and many parents were concerned about the excessive use of television, video games and videos in the United States. Ms. Clark-Pearson said research had shown links between these activities and an increase in obesity and violent behavior, adding that a correlation had been found between watching TV and lower reading scores as well. She said that she and another parent had been working on this with the Town's eight elementary schools, several of which were actively participating in TV Turnoff Week. Ms. Clark-Pearson thanked Mayor Foy for accepting the idea of issuing a proclamation in support of TV Turnoff Week in Chapel Hill.
COUNCIL MEMBERS RECEIVED THE REPORT BY CONSENSUS.
5. Michael Schwartz, Willow Drive resident, regarding issues of maintenance and overflow of stormwater from Booker Creek and the effects of flooding on adjacent properties.
Mr. Schwartz requested that the Council address these issues, and explained that water, sometimes more than a foot deep, covers more than half of his property. It threatens his and other homeowners' dwellings, he said, and has made half of his lot unusable for anything other than a wetland. Mr. Schwartz pointed out that the creek is on public land and is used directly and indirectly as a stormwater vehicle for public use. He requested that the Town initiate a study to investigate methods of alleviating flooding from Booker Creek, such as dredging or cleaning it out. Mr. Schwartz stated that the Town has a responsibility to maintain the creek so that it does not negatively affect adjacent properties.
COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER WARD, TO RECEIVE AND REFER THE PETITION TO THE MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
b. Announcements by Council members.
Council Member Bateman recognized Michael McSwain, the UNC Student Government Liaison for Town Relations, who was in the audience. She said she looked forward to working with him next year.
Mayor Foy said there had been a request to move Agenda Item 8 to a later point in the meeting.
COUNCIL MEMBERS AGREED BY CONSENSUS TO MOVE AGENDA ITEM 8 TO AFTER 9:00 P.M., OR UNTIL THE CITIZENS’ GROUP WHO MADE THE REQUEST ARRIVE.
Item 4 - Consent agenda
Council Member Strom removed 4d, Response to Petition Concerning Greene Tract.
Mayor Foy noted that former Council Member Joyce Brown wanted to speak on Item 4d.
Ms. Brown described the Manager's response to her petition as inadequate. She said the response had not fully addressed the issues raised by her and the co-authors of the petition. Ms. Brown stated that co-authors Tom Hinkle and Arnie Katz had worked nationally on energy issues and that Mark Marcopolos has had local experience in green building construction. She pointed out that all three had offered energy guidance to the Council free of charge.
Ms. Brown noted that the petition incorporates some things which the Town had already adopted and expands on previous work. While true that these technologies are evolving, she said, the recommendations do not preclude the use of future technologies. Ms. Brown said some of the standards in the petition are based on solar wisdom that is thousands of years old, and is unlikely to change within the next five to ten years. She remarked that her petition asks no less than those thousands of years of wisdom when it asks the Council to endorse solar orientation and other standards that are based on sound principles and can incorporate changes in future technology. Ms. Brown asked the Council to amend the Manager's proposed resolution to incorporate language that she submitted.
Mayor pro tem Evans suggested sending this item back to staff, adding that it included terms that she did not understand. She requested information on how the proposal would affect the cost of housing construction.
Council Member Harrison asked Ms. Brown if she was planning to take her petition to other jurisdictions involved with the Greene Tract. She replied that she had not yet done so. Mayor Foy pointed out that the Manager's proposed resolution would forward Ms. Brown's petition to those other bodies.
Council Member Harrison said the enforcement mechanism was an interesting idea and he would like to know more about it.
Council Member Bateman asked Ms. Brown why she wanted the Council to enact this now, rather than first taking it to the other entities that have jurisdictions over the Greene Tract. Ms. Brown replied that now was the appropriate time to take it before the Council because it was the elected body in Orange County that had done the most in this area and it was a good place to start.
Council Member Strom thanked Ms. Brown for bringing this forward. He commented that the timing made sense because Town adoption would essentially force the other partners to adopt the same standards since they will be addressing the same land. Council Member Strom recommended also referring the petition to the Council’s Sustainability, Energy, and Environment Committee (SEEC) for analysis and discussion.
COUNCIL MEMBER STROM MOVED, SECONDED BY MAYOR PRO TEM EVANS, TO REFER 4D BACK TO THE STAFF FOR FURTHER CONSIDERATION OF STIPULATIONS AND TO REFER IT TO THE SUSTAINABILITY, ENERGY, AND ENVIRONMENT COMMITTEE. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
COUNCIL MEMBER KLEINSCHMIDT MOVED, SECONDED BY MAYOR PRO TEM EVANS, TO ADOPT R-1 WITH 4D REMOVED. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES (2003-04-14/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. |
Audit Contract for Fiscal Year 2002-03 (R-2). |
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b. |
Resolution Awarding General Obligation Bonds Sold on March 25 (R-3). |
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c. |
Traffic-Calming Devices on Brookstone Drive (R-4); (O-1). |
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e. |
Annexation Ordinance for Parkside II Annexation Area (O-2). |
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f. |
Resolution Amending the Duties of the Public Arts Commission (R-6). |
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g. |
Proposal to Fund a 4th of July Celebration for 2003 (R-7). |
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h. |
Resolution Allocation Funding for Regional Landfill Study (R-7.1). |
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i. |
Nomination to the Stormwater Utility Policy Review Committee (R-7.2). |
This the 14th day of April, 2003.
A RESOLUTION AUTHORIZING THE MAYOR TO SIGN THE ANNUAL AUDIT CONTRACT FOR FISCAL YEAR 2002-2003 (2003-04-14/R-2)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Mayor to sign a contract with the Certified Public Accounting firm of McGladrey and Pullen, LLP in an amount not to exceed $49,000 if the Town has no additional major State or federal programs from last year and to accept a fee of no more than $2,500 for any single additional major State or federal program.
This the 14th day of April, 2003.
A RESOLUTION AWARDING THE BONDS, DESIGNATING THE TOWN OF CHAPEL HILL, NORTH CAROLINA AS PAYING AGENT FOR THE $4,250,000 GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS, SERIES 2003, AND AMENDING THE FORM OF THE BONDS (2002-04-14/R-3)
BE IT RESOLVED by the Town Council of the Town of Chapel Hill, North Carolina (the "Town") as follows:
Section 1. Notice was duly distributed calling for sealed bids to be received by the Local Government Commission, at its office in the City of Raleigh, North Carolina, until 11:00 A.M., North Carolina time on Tuesday, March 25, 2003, for the Bonds, at which hour bidding was closed and the following bids were found to have been filed offering to purchase the Bonds and to accord in all respects with the terms of the notice, each bid being accompanied by an official bank check, a cashier's check, a certified check, a treasurer's check or a financial surety bond in the amount of $85,000 payable unconditionally to the order of the State Treasurer of North Carolina.
(1) Bid of Merrill Lynch & Co. offering to pay $4,253,931.75 plus accrued interest for the Bonds, and naming for the Bonds the interest rates set forth below in Column (1) of the tabulation headed "INTEREST RATES NAMED IN BIDS."
(2) Bid of Wachovia Bank, National Association offering to pay $4,257,085, plus accrued interest for the Bonds, and naming for the Bonds the interest rates set forth below in Column (2) of the tabulation headed "INTEREST RATES NAMED IN BIDS."
(3) Bid of Morgan Keegan & Company, Inc. offering to pay $4,252,975, plus accrued interest for the Bonds, and naming for the Bonds the interest rates set forth below in Column (3) of the tabulation headed "INTEREST RATES NAMED IN BIDS."
(4) Bid of SunTrust Equitable Securities offering to pay $4,250,000, plus accrued interest for the Bonds, and naming for the Bonds the interest rates set forth below in Column (4) of the tabulation headed "INTEREST RATES NAMED IN BIDS."
(5) Bid of Legg Mason Wood Walker, Inc. offering to pay $4,253,913.25 plus accrued interest for the Bonds, and naming for the Bonds the interest rates set forth below in Column (5) of the tabulation headed “INTEREST RATES NAMED IN BIDS.”
(6) Bid of Davenport & Company LLC offering to pay $4,253,451.75, plus accrued interest for the Bonds, and naming for the Bonds the interest rates set forth below in Column (6) of the tabulation headed "INTEREST RATES NAMED IN BIDS."
(7) Bid of BB&T Capital Markets offering to pay $4,250,000, plus accrued interest for the Bonds, and naming for the Bonds the interest rates set forth below in Column (7) of the tabulation headed “INTEREST RATES NAMED IN BIDS.”
Year of $4,250,000
Maturity Bonds Interest Rates Named in Bids
(1) (2) (3) (4) (5) (6) (7)
2004 150,000 2.0% 3.5% 2.25% 5.0% 4.0% 2.5% 3.0%
2005 150,000 2.0% 5.5% 2.25% 5.0% 4.0% 2.5% 2.5%
2006 75,000 2.0% 5.5% 2.25% 3.0% 3.5% 2.5% 2.5%
2007 150,000 2.0% 5.5% 2.25% 5.0% 3.5% 2.5% 3.0%
2008 150,000 3.5% 5.0% 2.4% 4.0% 3.5% 2.5% 3.0%
2009 150,000 3.5% 3.5% 2.75% 3.0% 3.5% 3.0% 3.25%
2010 300,000 3.5% 3.5% 3.5% 3.15% 3.5% 3.125% 3.5%
2011 300,000 3.5% 3.5% 3.5% 3.25% 3.5% 3.375% 3.5%
2012 300,000 3.5% 3.5% 3.5% 3.4% 3.75% 3.75% 3.75%
2013 300,000 3.375% 3.5% 3.5% 3.45% 3.75% 4.0% 3.75%
2014 300,000 3.375% 3.5% 3.65% 3.5% 3.6% 4.0% 3.8%
2015 300,000 3.625% 3.5% 3.75% 3.65% 3.7% 4.0% 3.9%
2016 300,000 3.75% 3.5% 3.85% 3.75% 3.8% 4.0% 4.0%
2017 300,000 3.75% 3.75% 3.95% 3.85% 3.875% 4.0% 4.125%
2018 300,000 3.875% 3.75% 4.0% 3.9% 4.0% 4.0% 4.25%
2019 300,000 4.0% 4.0% 4.1% 4.0% 4.0% 4.0% 4.3%
2020 300,000 4.0% 4.0% 4.1% 4.1% 4.0% 4.1% 4.4%
2021 125,000 4.0% 4.0% 4.2% 4.25% 4.0% 4.1% 4.5%
Section 2. That the bid offering to purchase the Bonds at the lowest net interest cost to the Town, such cost being determined by deducting the amount of premium bid from the aggregate amount of interest upon all the Bonds from April 1, 2003 until their respective maturities, was the bid of Merrill Lynch & Co. offering to pay $4,253,931.75 plus accrued interest for the Bonds, and naming for the Bonds the interest rates set forth above in Column (1) of the tabulation headed "INTEREST RATES NAMED IN BIDS" in Section 2 above, such net interest cost being 3.6595%.
Section 3. It is hereby determined that under the terms of the Notice of Sale with respect to the Bonds the bid of Merrill Lynch & Co. should be accepted and the acceptance thereof is in the best interests of the Town.
Section 4. The Bonds are hereby awarded to Merrill Lynch & Co. at the price set forth in Section 2 above offered for the Bonds and at the rates of interest named in said bid as set forth above in Column (1) of the tabulation headed "INTEREST RATES NAMED IN BIDS" in Section 2 above, and the Bonds shall be issued bearing interest at those rates.
Section 5. The Bonds shall be prepared and executed by the Mayor and Town Clerk of the Town substantially in the form and manner set forth in the Bond Resolution, as amended by the terms of this Resolution, with a certificate of authentication to be added thereto and executed by the Director of Finance of the Town. Bonds in typewritten form shall be delivered to or upon the order of The Depository Trust Company, New York, New York upon payment of the purchase price and accrued interest no later than April 15, 2003.
Section 6. The Town of Chapel Hill, North Carolina is hereby designated and appointed by the Town to act as Paying Agent for the Bonds.
Section 7. The form of the Bonds authorized and approved in Section 7 of the Bond Resolution adopted by the Town Council on February 24, 2003 is hereby amended and restated as follows:
(Form of Bond)
NO. R-_______________ $__________
UNITED STATES OF AMERICA
STATE OF NORTH CAROLINA
TOWN OF CHAPEL
HILL, NORTH CAROLINA
GENERAL OBLIGATION PUBLIC IMPROVEMENT
BOND, SERIES 2003
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INTEREST RATE |
MATURITY DATE |
ORIGINAL ISSUE DATE |
CUSIP |
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________________ |
April 1, ____ |
April 1, 2003 |
_______________ |
REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT:_________________________ Dollars
The Town of Chapel Hill, North Carolina (hereinafter referred to as the “Town”), a municipal corporation of the State of North Carolina, is justly indebted and for value received hereby promises to pay in the manner hereinafter provided, to the registered owner named above or registered assigns or legal representative on the Maturity Date specified above, the principal amount shown above and to pay to the registered owner hereof interest thereon from the date of this Bond until this Bond is paid in full at the interest rate per annum specified above, payable on October 1, 2003 and semiannually thereafter on April 1 and October 1 of each year. Principal of and interest on this Bond are payable in clearinghouse funds to The Depository Trust Company (“DTC”) or its nominee as registered owner of the Bonds and are payable to the owner of the Bonds shown on the records of DTC at the close of business on the day immediately preceding an interest payment date or a principal payment date. The Town is not responsible or liable for maintaining, supervising or reviewing the records maintained by DTC, its participants or persons acting through such participants.
This Bond is issued in accordance with the Registered Public Obligations Act, Chapter 159E of the North Carolina General Statutes, as amended, and pursuant to The Local Government Finance Act, the bond orders adopted by the Town Council of the Town on September 23, 1996 and approved by a majority of the qualified voters of the Town who voted thereon at a referendum duly called and held on November 6, 1996 and a bond resolution adopted by the Town Council on February 24, 2003. This Bond is one of a series of Bonds designated as “Town of Chapel Hill, North Carolina General Obligation Public Improvement Bonds, Series 2003” initially issued in the aggregate principal amount of $4,250,000 (the “Bonds”). The Bonds are being issued for the purpose of financing street improvements, parks and recreational facilities, fire stations and law enforcement facilities, public works facilities and open space and greenways in the Town.
The Bonds maturing prior to April 1, 2014 will not be subject to redemption prior to maturity. The Bonds maturing on April 1, 2014 and thereafter will be subject to redemption prior to maturity, at the option of the Town, from any moneys that may be made available for such purpose, either in whole or in part, on any date not earlier than April 1, 2013, at a redemption price equal to 100% of the principal amount of the Bonds to be redeemed, plus interest accrued to the date fixed for redemption.
If less than all of the Bonds of any one maturity shall be called for redemption, the particular Bonds or portions of Bonds of such maturity to be redeemed shall be selected by lot in such manner as the Town in its discretion may determine; provided, however, that the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or any integral multiple thereof and that, in selecting Bonds for redemption, each Bond shall be considered as representing that number of Bonds which is obtained by dividing the principal amount of such Bond by $5,000. So long as a book-entry system with DTC is used for determining beneficial ownership of Bonds, if less than all of the Bonds within a maturity are to be redeemed, DTC shall determine by lot the amount of interest of each direct participant in the Bonds to be redeemed. If less than all of the Bonds then subject to redemption shall be called for redemption, the particular maturities and amounts of the Bonds or portions of Bonds to be redeemed shall be determined by the Town.
Whenever the Town shall elect to redeem Bonds, written notice of the redemption of such Bonds, stating the redemption date, redemption price and identifying the Bonds or portions thereof to be redeemed by reference to their numbers and further stating that on such redemption date there shall become due and payable upon such Bond or portions thereof so to be redeemed, the principal thereof, redemption premium and interest accrued to the redemption date and that from and after such date interest thereon shall cease to accrue. Such notice of redemption shall be given by certified or registered mail to DTC or its nominee as the registered owner of the Bond not more than 60 days nor less than 30 days prior to the redemption date at the address provided to the Town by DTC, but any failure or defect in respect of such mailing will not affect the validity of the redemption. The Town is not responsible for mailing notices of redemption to anyone other than DTC or its nominee unless no qualified securities depository is the registered owner of the Bonds.
It is hereby certified and recited that all conditions, acts and things required by the Constitution or laws of the State of North Carolina to exist, be performed or happen precedent to and in the issuance of this Bond, exist, have been performed and have happened, and that the amount of this Bond, together with all other indebtedness of the Town, is within every debt and other limit prescribed by said Constitution or statutes. The faith and credit of the Town are hereby pledged to the punctual payment of the principal of and interest on this Bond in accordance with its terms.
This Bond shall not be valid or become obligatory for any purpose until this Bond has been authenticated by the Director of Finance of the Town and the certifications hereon shall have been signed by authorized representatives of the Local Government Commission of North Carolina.
IN WITNESS WHEREOF, the Town of Chapel Hill, North Carolina has caused this Bond to be manually signed by its Mayor and its Clerk and its official seal to be imprinted hereon, all as of the 1st day of April 2003.
(SEAL)
Town Clerk Mayor
Town of Chapel Hill, North Carolina Town of Chapel Hill, North Carolina
CERTIFICATE OF LOCAL GOVERNMENT COMMISSION
The issuance of the within Bond has been approved under the provisions of The Local Government Bond Act, of North Carolina as amended.
( signature )
JANICE T. BURKE
Secretary of the Local Government Commission
CERTIFICATE OF AUTHENTICATION
This Bond is one of the Series of Bonds designated herein and issued under the provisions of the Bond Resolution referenced herein.
By:
James M. Baker
Director of Finance
Town of Chapel Hill, North Carolina
ASSIGNMENT
FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto _________________, the within Bond and irrevocably appoints _________________, attorney-in-fact, to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises.
Dated: ________________________ _________________________________________
NOTICE: The signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without any alteration whatsoever.
Signature Guaranteed:
______________________________
(Bank, Trust Company or Firm)
(Authorized Officer)
Section 8. The officers and agents of the Town are hereby authorized and directed to do all acts and things necessary to carry into effect the provisions of this Resolution.
Section 9. This Resolution shall be in full force and effect immediately upon its passage.
This the 14th day of April, 2003.
A RESOLUTION AUTHORIZING THE INSTALLATION OF CERTAIN TRAFFIC CALMING MEASURES ON BROOKSTONE DRIVE IN CHAPEL HILL (2003-04-14/R-4)
WHEREAS, the Council of the Town of Chapel Hill is concerned about vehicular and non-vehicular safety and mobility on Town streets; and
WHEREAS, the Council has received a report from Town staff regarding proposed traffic calming measures on Brookstone Drive;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council directs the Manager to have a speed table installed on Brookstone Drive.
BE IT FURTHER RESOLVED that the Council authorizes the expenditure of not to exceed $3,000 for construction/installation of the speed table on Brookstone Drive.
This the 14th day of April, 2003.
AN ORDINANCE AMENDING CHAPTER 21 OF THE TOWN CODE OF ORDINANCES REGARDING SPEED REGULATIONS (2003-04-14/O-1)
BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
Section 1. Section 21-11(A) (1) of the Town Code of Ordinances, “Twenty miles per hour.” is hereby amended by adding the following:
“(f) Brookstone Drive. ”
Section 2. This ordinance shall become effective immediately.
This the 14th day of April, 2003.
AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE TOWN OF CHAPEL HILL, UNDER THE AUTHORITY GRANTED BY PART 3, ARTICLE 4A, CHAPTER 160A OF THE GENERAL STATUTES OF NORTH CAROLINA (2003-04-14/O-2)
WHEREAS, all of the prerequisites to adoption of this ordinance prescribed in Part 3, Article 4A, Chapter 160A of the General Statutes of North Carolina, have been met; and
WHEREAS, the Council of the Town of Chapel Hill has taken into full consideration the statements presented at the public hearing held on the 17th day of March, 2003, on the question of this annexation; and
WHEREAS, the Council of the Town of Chapel Hill has concluded and hereby declares that annexation of the area described herein is necessary to the orderly growth and development of the Town of Chapel Hill;
NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
SECTION I
From and after 11:59 p.m. on the 30th day of June, 2003, the effective date of this annexation, the following territory shall be annexed to and become a part of the Town of Chapel Hill, and the corporate limits of the Town of Chapel Hill shall on said 30th day of June, 2003, be extended to include said territory more particularly described as follows:
Parkside II Area. The Parkside II subdivision and the abutting right-of-way of the State University Railroad spur of the Norfolk Southern Corporation located in Chapel Hill Township, Orange County, North Carolina. The boundaries of the area under consideration for annexation are shown on the attached Map 1, incorporated as a part of this Resolution. This area is further described as:
All that certain tract or parcel of land lying, situated and being in Chapel Hill Township, Orange County, North Carolina, being more particularly described as follows:
Beginning at a point on the existing Town city limits line, said point being the southeastern most corner of the Parkside II Subdivision (See PB 88, Pg. 95) and labeled control corner. Thence from said point of beginning and with the southern property line of said Parkside II Subdivision N 89°15’46” W 1,245.79’ to a point on the eastern limits of the Southern Railroad right-of-way; thence continuing along the same course N 89°15’46” W 107.09’ to a point on the western limits of said railroad right-of-way; thence with the western limits of said right-of-way N 21°42’15” E 1,159.58’ to a point, thence continuing with said western right-of-way and curving to the left, said curve having a radius of 2,687.49’ and an arc distance of 187.99’, N 19°42’01” E 187.95’ to a point; thence continuing along said western right-of-way and curving to the left, said curve having a radius of 843.28’ and an arc distance of 274.24’, N 08°22’48” E 273.03’ to a point, thence leaving the said western right-of-way limits N 89°46’56” E 105.71’ to a point on the eastern limits of said railroad right-of-way; thence leaving said eastern right-of-way limits and with the northern most property line of Parkside II Subdivision, S 89°05’10” E 561.58’ to a point; thence with the eastern boundary of Parkside II Subdivision the following courses; S 08°14’18” E 191.48’ to a point; thence S 26°30’43” E 131.48’ to a point; thence S 06°31’44” E 112.29’ to a point; thence S 03°43’14” W 49.00’ to a point; thence S 03°35’01” W 205.47’ to a point; thence S 43°43’48” E 92.79’ to a point; thence S 04°59’13” E 168.17’ to a point; thence S 02°08’20” E 255.32’ to a point; thence S 03°23’42” W 151.76’ to a point; thence S 02°14’53” W 219.56’ to the point and place of beginning. Being all of Parkside II Subdivision and including the area within the Southern Railroad right-of-way adjacent to said subdivision.
SECTION II
The Council of the Town of Chapel Hill does hereby specifically find and declare that the above described territory meets the requirements of G.S. 160A-48, in that:
1. The area is contiguous to the Town limits.
2. Over one-eighth (12.5%) of the aggregate external boundary of the area under consideration coincides with the existing Town limits. The boundary of the total area to be annexed has 5,191 linear feet, of which 1,957 feet abut the present Town primary corporate limits. Thus, 38% of the boundary of the annexation area is contiguous to the present Town primary corporate limits.
3. None of the area is within the boundary of an incorporated municipality.
4. Recorded property lines and streets have been used in fixing the proposed municipal boundaries resulting from this annexation.
5. With a population density of 4.28 persons/acre, the Parkside II area qualifies for annexation as an area developed for urban purposes under G.S. 160A-48(c)(1).
SECTION III
It is the purpose and intent of the Town of Chapel Hill to provide services to the area being annexed under this ordinance, as set forth in the report of plans for services approved by the Council of the Town of Chapel Hill on the 27th day of January, 2003, and filed in the office of the Clerk for public inspection.
Such services will include:
1. Refuse collection as described in said report.
2. Maintenance and repair of any publicly-maintained streets or streets that are built or improved to Town of Chapel Hill standards for acceptance into the Town-maintained street system, and other street maintenance services as described in the report.
3. Police protection including periodic patrols, crime prevention investigation of crimes, enforcement of ordinances and statutes and other police services as described in the report.
4. Fire protection, including suppression, preventive inspections, and code enforcement as described in the report.
5. Extension of water and sewer lines under financing policies of the Orange Water and Sewer Authority (OWASA) and the Town of Chapel Hill, as described in the report.
6. Parks and recreation, library, housing and construction code enforcement, zoning and planning, public transportation and other services as described more fully in the report.
SECTION IV
The Council of the Town of Chapel Hill does hereby specifically find and declare that public water trunk lines and sewer outfall lines are already extended into the annexation area, and no requests for water and sewer extensions in the annexation area have been received under G.S. 160A-47, so that no additional extensions of water or sewer extensions will be necessary under G.S. 160A-47 on the effective date of annexation prescribed in Section I above. Property owners may have public water and sewer lines extended within the annexation area in accord with extension and financing policies of the Orange Water and Sewer Authority (OWASA) and the Town of Chapel Hill.
SECTION V
From and after the effective date of this annexation, the territory annexed and its citizens and property shall be subject to all debts, laws, ordinances and regulations in force in the Town of Chapel Hill, and shall be entitled to the same privileges and benefits as other parts of the Town of Chapel Hill.
SECTION VI
The newly annexed territory described hereinabove shall be subject to the Town of Chapel Hill taxes according to G.S. 160A-58.10.
SECTION VII
The Mayor of the Town of Chapel Hill shall cause an accurate map of the annexed territory described in Section I hereof, together with a duly certified copy of this ordinance, to be recorded in the Office of the Register of Deeds of Orange County, and in the Office of the Secretary of State in Raleigh. Such a map shall also be delivered to the Orange County Board of Elections as required by G.S. 163-288.1.
This the 14th day of April, 2003.
A RESOLUTION REGARDING THE ESTABLISHMENT OF THE CHAPEL HILL PUBLIC ARTS COMMISSION THROUGH AN ENDOWMENT FUND AND OTHER PUBLIC AND PRIVATE SOURCES OF FUNDING (2003-04-14/R-6)
WHEREAS, the public display of art can enrich the life of our community as a place where human expression through the arts is cherished and promoted; and
WHEREAS, public art can increase public access to the arts; and
WHEREAS, public art can promote the value of arts, artists, and creativity; and
WHEREAS, public art can encourage community development and civic dialogue; and
WHEREAS, it is appropriate to support public art with gifts, grants, private and public funding.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council establishes a Chapel Hill Public Arts Commission for Public Art based on the following principles:
1. The Council will appoint a Public Arts Commission (hereafter known as “The Commission”) with up to eighteen individuals with special knowledge, interest or expertise in the arts that reflects the diversity of the community.
2. The Commission shall be responsible for:
1. Advising the Council on art-related matters.
2. Working with the Town Staff to administer the Percent for Public Art Program (2002-03-04/O-1).
3. Increasing public access to the arts through programming initiatives.
4. Promoting understanding and awareness of public art.
3. The Endowment shall be funded primarily from gifts and grants. The interest earnings of the Endowment shall be used to enhance Town buildings and public spaces through the display and occasional purchase of works of art.
This the 14th day of April, 2003.
A RESOLUTION INDICATING THE COUNCIL’S INTENT TO HOLD AN INDEPENDENCE DAY CELEBRATION AT KENAN STADIUM ON JULY 4, 2003 AND AUTHORIZING THE MANAGER TO PROCEED WITH PLANNING FOR THE EVENT (2003-04-14/R-7)
WHEREAS, the Council intends to hold a 4th of July celebration at Kenan Stadium on July 4, 2003 or the rain date of July 5; and
WHEREAS, planning for the event must take place prior to adoption of a budget for FY 2003-04;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to begin planning for the event based on a Town contribution of approximately $24,500.
This the 14th day of April, 2003.
A RESOLUTION AUTHORIZING THE ALLOCATION OF $1,000 FROM COUNCIL CONTINGENCY TOWARD A STUDY TO EXPLORE A REGIONAL LANDFILL PROPOSAL (2003-04-14/R-7.1)
WHEREAS, the Triangle Region Solid Waste Planners Committee has discussed the exploration of a regional landfill study; and
WHEREAS, the total cost of such a study would be $18,000; and
WHEREAS, at the March meeting of the Triangle Area Mayors, it was requested that Chapel Hill contribute $1,000 toward such a study;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the allocation of $1,000 from the Council contingency account to assist with funding the regional landfill study.
This the 14th day of April, 2003.
A RESOLUTION NOMINATING APPLICANTS TO VARIOUS ADVISORY BOARDS AND COMMISSIONS (2003-04-14/R-7.2)
WHEREAS, the applications for service on an advisory board or commission or other committees listed below have been received; and
WHEREAS, the applicants have been determined by the Town Clerk to be eligible to serve;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the following names are placed in nomination to serve on an advisory board or commission:
Stormwater Utility Policy Review Committee
John French
This the 14th day of April, 2003.
Item 5 - Information items
Council Member Wiggins removed 5d, Response to Grant Request from Chapel Hill Museum for James Taylor Exhibit and Bridge Dedication.
Council Member Strom removed 5b, Response to Council Questions about Mixed Use Regulations.
Council Member Bateman removed 5c, Response to Petitions regarding Occupancy Restrictions, Sanitation, Zoning, Noise, and Parking Complaints at Duplexes.
Mayor Foy recommended discussing 4d, Response to Petition Concerning Greene Tract, now so the Council could pass that resolution.
Council Member Wiggins explained that she had pulled 5d because she thought $20,000 was too high and hoped the Council could decide on a lower amount.
Mayor pro tem Evans stated the cause was worthy but that $20,000 was a fairly significant amount of money in the Town's budget.
MAYOR PRO TEM EVANS MOVED TO ADOPT R-8 WITH THE AMOUNT OF $10,000. COUNCIL MEMBER WARD SECONDED.
Council Member Verkerk said the exhibit is something the entire community would benefit from over the long term, and the proposed budget for that was $11,950.
Council Member Verkerk proposed a substitute motion for $12,000
Morgan Kenney, representing the Chapel Hill Museum, explained that he had not understood when he requested these funds that receiving them would deplete the Town's discretionary funds. He said the Museum would be happy to have the amount being discussed.
Mayor Foy clarified that the Museum had also requested Hotel/Motel Tax funds for next year and the Council would be considering that separately.
Mayor pro tem Evans asked Mr. Kenney if the Museum would prefer that the funds be designated for a specific use or not. Mr. Kenney replied that it would be nice to have discretion but either way would be fine.
Mayor pro tem Evans said that increasing the amount to $12,000 would be fine with her, but it might be better if those funds were undesignated.
Mr. Kenney handed out posters advertising the project and explained that the event would occur on April 26th at the Dean E Smith Student Activities Center. It will be free of charge, he said, and will include Girl Scouts, Boy Scouts, and a High School Pep Band. James Taylor will attend, as will Mayor Foy, said Mr. Kenney.
Council Member Kleinschmidt inquired about language from the performance agreement on the last page of the Manager's memo. Mr. Horton explained that the language had been included based on the Council's discussion at the time.
Council Member Ward suggested that the $12,000 require a matching grant.
Council Member Wiggins ascertained that Council Member Verkerk did not intend to dictate how Mr. Kenney would spend the $12,000.
Council Member Ward moved to amend the motion to require up to $12,000 in matching funds.
Council Member Kleinschmidt noted that the Museum had a budget of $35,000 and had already proposed raising $25,000 of that.
Mr. Kenney stated that the Library had received some commitments to date, including some in-kind contributions.
Mayor pro tem Evans did not accept Council Member Ward's amendment.
Council Member Bateman said she would vote against the motion because there were so many other needs for those funds.
Council Member Wiggins said she had intended to support less money because of budget needs, but as a result of tonight's discussion, she had decided to support $10,000-$12,000.
MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT R-8, AS AMENDED, TO ALLOT $12,000. THE MOTION WAS ADOPTED (7-2) WITH MAYOR FOY AND COUNCIL MEMBERS EVANS, HARRISON, STROM, VERKERK WARD AND WIGGINS VOTING AYE, AND COUNCIL MEMBERS KLEINSCHMIDT AND BATEMAN VOTING NAY.
Items Deferred from March 24, 2003 Meeting
Item 6 - Response to Petition regarding the Town Providing
Financial Assistance to Candidates for Elective Office in the Town
Mr. Karpinos summarized this petition for a program whereby candidates who voluntarily agree to limit their own fundraising would be eligible for Town funding in the 2003 Council elections. He stated that two significant legal issues had arisen since this petition was first presented to the Council on February 24, 2003. Mr. Karpinos explained that the first issue involved whether the Council had legal authority to provide this funding without further legislation. The second issue, he said, involved whether the Town's contribution would be limited to the amount established by the Town's own ordinance or by limits established by State statute if that ordinance were to change. Mr. Karpinos pointed out that there were only a few Council meetings left before summer recess. He noted that the filing period begins in early July, so the Council would need to consider the budgetary implications of this over the next few weeks. Mr. Karpinos explained that the Council and community would need to determine whether such a program is appropriate and what its parameters should be.
Mr. Karpinos explained that the Council has gone to the Legislature for special legislative authority when they have sought to enact ordinances that relate to Council elections. He pointed out that the Town of Cary had implemented a program such as this without getting that legislative authority, but the courts have not yet answered the question of whether there is legal authority to do that. Mr. Karpinos stated that a bill had been introduced in the NC Senate that would establish clear Legislative legal authority for the Council to enact the program. He pointed out, however, that the Town does not know what the outcome of that bill will be in the General Assembly this year.
Mr. Karpinos explained that the NC Board of Elections and the NC Superior Court had both determined that Cary, like any other contributor to an election campaign, would be limited to the statutory prescribed amount of $4,000. Candidates who had received more than that had been required to return the excess, he said. This means that Chapel Hill could apply only $200 to each candidate, Mr. Karpinos said, unless the Council changed the $200 limit in the Town's ordinance back to $4,000 or some other limit. He noted that the Council had based its decision to set the limit at $200 on other policy issues.
Mr. Karpinos pointed out that Cary's program had taken several months to develop and had involved a considerate amount of debate. He said both he and Mr. Horton believe this is a policy matter that the Council must decide, but urged Council members to think about whether there is enough time to do that this year. Mr. Karpinos suggested that an interim approach might be to provide assistance, such as time on the Town's cable access channel, and to indicate clear support for Senate Bill 760. This would allow the Council to consider this proposal without being in questionable legal climate, he said.
Billie Hayward, President of the League of Women Voters of Orange, Chatham and Durham Counties, urged the Council to establish a committee to study providing financial assistance to candidates for Town office. She commended the Town for its campaign spending law, which limits the size of contributions and requires disclosure of large donors. Ms. Hayward said Chapel Hill had distinguished itself in the area of campaign reform. She outlined the League's position on campaign finance: the methods of financing political campaigns should ensure the public's right to know, combat corruption and undo influence, enable candidates to compete more equitably for public office, and allow maximum citizen participation in the political process. To this end, she said, the League urged the Council to appoint a committee to study the issue of public funding of campaigns and make a recommendation to the Council as possible policy. Ms. Hayward added that the committee's membership should be broadly based with representatives from all sectors of the community. She anticipated that the committee could complete its work prior to the 2005 elections and said the league would like to be involved in formulating a recommendation for the Council to consider.
George Entenman also urged the Council to form a committee. He expressed support for Mr. Karpinos' suggestion about offering free cable access and supporting the Senate bill. Mr. Entenman noted the energy and dedication of the young people who had promoted "voter-owned elections," and predicted that there would be an outburst of interest and participation if Chapel Hill institutes such a system. He urged Council members to "do the right thing before Carrboro does."
Peter Walz, who works for Democracy North Carolina, said his organization had conducted two studies of campaign spending in Chapel Hill over the last four months. The first was on campaign trends on spending for the mayoral race, he said, and it found that between 1985 and 2001, average spending more than tripled, from about $6,600 to above $25,000. He noted that more than $14,000 in 2001 had come from the candidates themselves. Mr. Walz added that one of every five dollars in the last two Council races had come from the candidates, and said the top spenders between 1995 and 2001 had a 69% success rate.
Mr. Walz argued that public office should be for everyone and that public officials should not have to go into debt to achieve it. He pointed out that Chapel Hill did not have a big problem when compared to some of its neighbors. Mr. Walz recommended fixing the system before it is broken, and become a shining model for municipalities across the state. He noted that Maine and Arizona already had such systems, commenting that this system restores public trust. Mr. Walz recommended that the Council appoint a committee and vote to approve the system as soon as possible.
Megan DeSmedt, of North Carolina Public Interest Research Group (PIRG), urged the Council to enact the voter-owned election proposal after appointing a Mayor's committee to study and improve it. Such a program would guarantee that qualified candidates would not be shut out of the election because of their economic standing, she said. Ms. DeSmedt said this would ensure that as many people as possible would be able to run for office.
Council Member Ward expressed eagerness to move in this direction, but pointed out it did not seem possible to be ready by the August filing date, considering the budget and legal issues, and the dangling legislation. He recommended having the system in place well before the 2005 election cycle, and expressed support for the League of Women Voters' proposal. Council Member Ward asked that the Mayor and staff help the Council form a committee with the appropriate composition well before the 2005 election.
Mayor Foy suggested that the Council designate a committee to refine the proposal and to reach conclusions about what the potential benefits could be of such a system. In the interim, he said, the Council could institute the public television suggestion. Mayor Foy noted the distinction between a Mayor's Committee and a Council's Committee. He recommended that this be a Council's Committee, with deliberations open to the public, rather than a Mayor's Committee, which is used for expediting issues. Mayor Foy suggested making a motion for a Council Committee to be appointed, and suggested that the Council set the general goals for that committee and perhaps make recommendations about membership, which would include citizens and people with expertise.
Council Member Ward moved that a Council committee be appointed, THAT the Council will set the general goals for that committee, and perhaps make recommendations about membership, which would include citizens and people with expertise. Council Member Strom seconded.
Council Member Wiggins asked Mayor Foy to restate the motion. Mayor Foy said the Council would establish a Council Committee to evaluate the plan, to make recommendations about what refinements there might be and what choices the Town might have, and what they have to do to make this work mechanically, and then come back to the Council with an interim report and to ask the Manager to institute the interim measure for the 2003 election with free public television allotted.
Council Member Wiggins said she had been leaning toward a motion for a Mayor's Committee that would develop a charge and a suggested list of Committee members to bring back soon for Council action. Mayor Foy replied that he thought citizens would be solicited as they usually are, by notices in the newspaper and by calling them and asking them, but he had no objection to a two-step process.
Council Member Harrison pointed out that the Senate bill had a very diverse set of co-sponsors, which indicates that it will pass. He expressed support for Council Member Wiggins' suggestion for a start-up committee.
Council Member Ward and Council Member Strom agreed to accept the start-up committee proposal as an amendment. They also accepted AS an amendment to have Mayor Foy send a letter on behalf of the Council expressing support for Senate bill 760 AND ASKING THE MANAGER TO INSTITUTE THE INTERIM MEASURE OF HAVING FREE PUBLIC TELEVISION ALLOTTED TO CANDIDATES DURING THE FALL 2003 ELECTION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Mayor pro tem Evans verified that a similar process would be used to provide input to the study group. She noted that there are issues that those who have not run for office might not understand.
Item 7 - Petition from Mayor Pro tem Evans Regarding
a Concept Plan Review Workshop
Mayor pro tem Evans spoke in favor of a training process for Council members that would be similar to that given to the Community Design Commission at its inception that would allow Council members to better understand the concept review process.
Mayor Foy noted that participation in such a workshop would be voluntary, and pointed out that the Council did not seem eager to attend additional meetings.
Council Member Wiggins asked if the staff could provide an outline and examples, on one sheet of paper, of what the Council should consider when evaluating a concept plan. She noted that this would help keep Council members focused on broad conceptual issues rather than details. Mr. Horton agreed to do so.
Council Member Kleinschmidt asked that the outline also identify any legal limits to what the Town can do and any advice on how the process could be smoother. The Council needs to experience some growing pains while discovering how the new tool will work, he said.
Council Member Wiggins asked how the Council would resolve issues where one Council member questions details, such as where a dumpster should be located, while other Council members do not think that is relevant at the concept point.
Council Member Kleinschmidt replied that he had not meant that there should be no resolution on that conflict, but he would like to know if suggestions on defining the edges of the Council's conversations are purely staff suggestions based on experience or whether there is some legal authority behind them. He said that would enable the Council to make an informed decision about whether to pursue it. Council Member Kleinschmidt remarked that he did not think Council members fully understood the concept review tool and might not want to restrict themselves too far before realizing the potential.
Council Member Ward asked the staff to prioritize, but not prohibit, issues for the Council to address. Any input from Council members could benefit the applicant in the long run, he said, because they can save money by knowing Council members' concerns early on.
Council Member Wiggins suggested that the Council not call it a concept plan, or that they define what they mean by "concept plan."
Mr. Horton pointed out that details which a recent applicant had presented in his concept plans were more like those for preliminary site plans. When one is presented with that level of detail, he said, it is not unusual to comment in a detailed manner. Mr. Horton offered to come up with a checklist of key ideas that the Council might apply when reviewing concept plans. This can be modified based on the Council's experience with it, he said. Mr. Horton predicted that the Council would find its own comfortable way to review what comes before them. There will be the temptation at times to comment on something in a very detailed manner, he said, because it is important to a Council member.
Mayor pro tem Evans explained that the workshop she was proposing would be voluntary. She supported Council Member Wiggins' suggestion to determine what is required for a concept plan.
Council Member Harrison agreed that a checklist would be helpful.
Council Member Bateman commented that the Council cannot set down rules for what they can and cannot talk about, but it would help to clarify whether Council members all had the same idea in mind when they voted to put this process into the LUMO, she said.
Council Member Strom said the Council would not know what it needed to ask and say until projects come back in real application form. He said he would not be happy if the four points that he had made to a recent applicant are ignored when the application comes back. Council Member Strom recommended the Council wait and see how these applications work through the system before adjusting the process.
Mayor Foy stated he believed there was consensus on the Council for seeing something in written form before deciding on whether or not to have a workshop.
Council Member Wiggins repeated her request for examples. She said Council members also need to decide whether the concept review will be on big issues that are important to the Council, or not.
Council Member Bateman commented that it seemed as though Council members did have different ideas of what a concept plan review would be when they put it in the LUMO.
April 14, 2003 Meeting Continued
Council Member Bateman clarified that the Council would discuss agenda item 9 and 10 and then go back to item 8. She explained that she would have to leave the meeting at about 10:00 p.m.
Item 8.1 - Consideration of Resolution Establishing a Committee to Review the
Definition and Field Verification Method for Intermittent Streams
COUNCIL MEMBER WIGGINS MOVED, SECONDED BY MAYOR PRO TEM EVANS, TO ADOPT R-10. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A resolution authorizing the Manager to INVITE PARTICIPATION IN A TECHNICAL ADVISORY committee TO REVIEW AND RECOMMEND revisions, if necessary, to the land use management ordinance stream DEFINITIONS and verification criteria (2003-04-14/R-10)
Whereas, the Chapel Hill Town Council desires to comprehensively and consistently apply the regulations in the recently adopted Land Use Management Ordinance; and
WHEREAS, these regulations include significant restrictions on land use within Resource Conservation District areas surrounding streams in Chapel Hill; and
WHEREAS, the Council wishes to utilize the best scientific methods and accepted practices for determining stream classifications associated with Resource Conservation District areas;
Now, therefore, be it resolved by the Council of the Town of Chapel Hill that the Council directs the Manager to invite participation in a technical advisory committee including experienced professionals and academic experts to review and recommend revisions, as needed, to the Land Use Management Ordinance stream definitions and field verification criteria.
BE IT FURTHER RESOLVED that the Council requests that the Manager report back with the findings and recommendations of the advisory committee no later than the first regular Council meeting in June 2003.
This the 14h day of April, 2003.
Item 9 - Follow-up Discussion on Potential Request for Legislation
that would Authorize the Town to Require Installation
of Fire Sprinkler Systems in Certain Public Assemblies
Chief Jones explained that this issue had come up in response to a question about what could be done in Chapel Hill to prevent a fire such as the recent one in a Rhode Island nightclub where many people had been killed. After receiving feedback from the Council and citizens, he said, the Department and staff had determined that poor egress, overcrowding, and alcohol were the major problems. Chief Jones explained that they had looked at the NC Alcoholic and Beverage classifications and were proposing the following:
· That new or existing clubs and bars that primarily serve alcohol and have occupancy permits that allow more than 200 people to assemble to install and maintain automatic fire sprinkler systems.
· That similar establishments that have one or more of the required egress points one full story above or below grade and a rate d occupancy of 150 to install fire sprinkler systems.
Chief Jones explained that four Chapel Hill establishments were classified at the 200 per occupancy level and three were at the 150 person occupancy level. None of these have fire sprinklers, he said. Chief Jones also pointed out that open flames and indoor pyrotechnics are already banned under the Chapel Hill Fire Code. He noted, however that indoor pyrotechnics had been banned in the Rhode Island club as well, but that had not prevented the tragedy from occurring. The resolution before the Council, Chief Jones said, would request authorization from the State legislature to adopt a Town ordinance.
Council Member Strom asked if a business falls subject to the requirement to install a sprinkler system could voluntarily limit occupancy to a lower threshold instead. Fire Marshall Caprice Mellon replied that an establishment could legally choose to do that.
Virginia Knapp, Director of External Affairs for the Chapel Hill/Carrboro Chamber of Commerce, thanked the Council and Chief Jones for taking the restaurant and bar owners’ concerns into account. She noted that the Chamber was sponsoring a Public Safety Workshop from 3:00-6:00 p.m. the following Wednesday at the University Baptist Church. This workshop would cover information from the Police, Fire and Inspections Departments pertaining to overcrowding and safety issues, Ms. Knapp said.
Mr. Horton noted that it was not necessary to act on the first resolution in the agenda materials. He noted a correction in the fourth bullet in the second resolution, which should say exceeding 100 persons, rather than 150, for new occupancies.
COUNCIL MEMBER WIGGINS MOVED, SECONDED BY MAYOR PRO TEM EVANS, TO ADOPT R-11B WITH THE FOURTH BULLET AMENDED TO READ 100 PERSONS. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION REQUESTING LEGISLATION TO AUTHORIZE THE TOWN TO REQUIRE SPRINKLER SYSTEMS IN CERTAIN PLACES OF PUBLIC ASSEMBLY THAT SERVE ALCOHOLIC BEVERAGES (2003-04-14/R-11b)
WHEREAS, the Council of the Town of Chapel Hill held a public hearing on March 24, 2003, at 7:00 p.m. in the Council Chambers of Town Hall on a proposed item for inclusion in the Town’s legislative program for the 2003 Long Session of the North Carolina General Assembly to require sprinklers in certain places of public assembly; and
WHEREAS, on the basis of public comment and Council input, a revised proposal was developed and considered at a subsequent public hearing on April 14, 2003; and
WHEREAS, the Council has considered the information from Town Staff and Public input received on March 24 and April 14 and desires to take steps to prevent a loss of life by fire in a club, bar or other similar types of public assembly such as occurred February 20, 2003 in Rhode Island by requiring installation of sprinklers in situations where there is a reasonable basis for such a requirement based on concerns regarding public safety;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adds the following request to its Legislative Program for consideration by the General Assembly in the 2003 Long Session:
This the 14th day of April, 2003.
Council Member Bateman asked Mr. Karpinos about the legislative bill pertaining to this issue. Mr. Karpinos replied that a bill with specific language for Chapel Hill had been drafted but had not been introduced. He noted that there was a blank bill and that Representative Insko was waiting to see what the Town Council would do tonight.
Item 10 - Consideration of Issues regarding the Chapel Hill
Public Library Master Plan Components
Library Director Kathy Thompson explained that the Council would be considering the Library's Master Plan for Technology Projects on April 28, 2003. Tonight's packet contains the Library Building Program, she said, noting that the Building Program is the third component of the Library Master Plan. Ms. Thompson stated that the proposed library expansion, if completed in one phase, could cost $13-$15 million. She explained that there was a balance of $535,000 in the Library Gift Fund, but the Board intended those funds for technology projects and were not prepared to recommend that they be redirected to a capital building project. Ms. Thompson noted that some funding might come from the Friends of the Library and from the Chapel Hill Public Library Foundation. She recommended that library expansion be presented to the voters in a referendum in the fall of 2003. She said the Board believes that issuing bonds totaling $15 million over 20 years would result in a first year debt service of about $1.5 million, assuming an interest rate of 5%.
Library Board Chair Bob Schreiner described the Building Program as the third part of a well thought-out master plan. He noted that the Library had been too small when it opened ten years ago. Mr. Schreiner encouraged Council members to support the complete expansion to 75,000 square feet. Planners believe this should be large enough until 2025, he said. Mr. Schreiner stressed that the Library was an important service to Chapel Hill's "extremely library-intensive public."
Mr. Schreiner noted that the Library's per capita circulation is three times the State average even though the facility is one-third too small for its population. He stated that there were about two and one half books per capita, while the State recommends four. But even if the Library had the money to buy enough books, he said, they would not have a place to put them. Mr. Schreiner explained that the library has nine internet stations and pointed out that the State guideline is 20 for Chapel Hill's population. He said people must wait to use online services and children had been turned away from overbooked programs. Mr. Schreiner said he hoped to work with the Council to find funding as quickly as possible.
Council Member Harrison ascertained that the Council would receive options from the staff in June on how to approach a bond issue. Mr. Horton noted, however, that the staff would make a presentation on April 28, even though the Council would not make its decision until June.
MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT R-12A. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION adoptING the Recommended library building program as a third and final component of the library master plan FOR SERVICES, TECHNOLOGY AND FACILITIES (2003-04-14/R-12a)
WHEREAS, the Council charged the Library Board to develop a Library Master Plan that identified long-term development of library services, technology and space; and
WHEREAS, the Five Year Services Plan: 2001-2006 and Long Term Facilities Needs Through 2020 adopted by the Council identified long-term library service needs; and
WHEREAS, the Information Technology Plan identified Chapel Hill Public Library technology needs through 2007; and
WHEREAS, the Library Building Program identifies library space needs through 2025; and
WHEREAS, this completes the charge to the Library Board of Trustees to develop the Library Master Plan; and
WHEREAS, the Library Board of Trustees endorses implementation of these documents;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the attached Recommended Library Building Program as the third and final component of the Library Master Plan.
This the 14th day of April, 2003.
MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT R-12B. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION DIRECTING THE MANAGER TO EXPLORE PHASING AND FUNDING OPTIONS FOR THE PROPOSED LIBRARY EXPANSION FOR COUNCIL CONSIDERATION IN JUNE (2003-04-14/r-12b)
WHEREAS, the Library Building Program is the third component of the Town’s Library Master Plan; and
WHEREAS, the Library Building Program recommends a facilities expansion of 48,000 square feet by 2025; and
WHEREAS, additional information is needed regarding phasing and funding options for this expansion;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby directs the Manager to explore phasing and funding options for the library expansion based on guidelines included in the Library Building Program and to report to the Council in June 2003.
This the 14th day of April, 2003.
Council Member Bateman asked, regarding agenda item 5c, Response to Petitions regarding Occupancy Restrictions, Sanitation, Zoning, Noise, and Parking Complaints at Duplexes, that the Council direct Police Department representatives to work with the Homeowners Association to see what could be done about the on-the-street parking, which she described as "too tight for that area." Mr. Horton replied that representatives from the Police, Fire, Public Works and Engineering Departments would address some of the concerns that the neighbors had raised. Council Member Bateman requested that a staff member also contact Ms. Lance, who had emailed her.
Item 8 - Creekside Subdivision: Application for Preliminary Plat Approval
Mr. Waldon explained that this had been a preliminary plat application for a subdivision with 11 residential building lots on a parcel that was about 11 acres in size. He said the four key issues discussed at the February 24 meeting were stream determination, density, trees, and whether swales could be placed outside of the right-of-way. Mr. Waldon explained that the applicant had made two significant changes to his proposal. He had reduced the number of lots to nine, and he had also agreed to treat the channel on the western part of the property as if it were intermittent, even though the staff believes that it is ephemeral.
Mr. Waldon noted the additional conditions of approval regarding swales. He said that the resolution offers tree protection, but pointed out that the Town cannot add conditions that control what individual homeowners do with trees on their lots. Mr. Waldon noted that stipulation 14 would refer only to the 35-inch oak on lot 9 if the Council approves the shifted road alignment. Stipulations 27 and 28 would be moot, he said, because they refer to conditions that no longer pertain under the new proposal.
Council Member Strom remarked that there was no 50-foot setback line on both sides of the channel on a map in the Council's April 1 packet. Mr. Waldon replied that the setback was on the applicant's property but not on the private property that was not part of this application. Council Member Strom asked if lot 9 could be subdivided and a house built on it close to Morgan Creek Road at a later date. Mr. Waldon replied that it could not be done without a public hearing and approval by the Council. Council Member Strom asked if there was a buffer there or not. Mr. Waldon replied that the applicant was agreeing to treat that channel with all the regulations that would apply to an intermittent stream. Council Member Strom verified that the person who buys lot 9 would be subject to those same restrictions. There can only be one house on that lot and regulations that protect an intermittent stream apply to that site because the applicant had voluntarily agreed to that, he said.
Council Member Verkerk expressed concern about two major trees being destroyed by the shift in the road. Mr. Waldon pointed out that the 31-inch oak was right in the middle of what would be the road. Council Member Verkerk suggested that Council members discuss this plan to destroy trees in order to move a road away from a stream.
Council Member Ward remarked that trees would have to be destroyed wherever the road was placed. Mr. Waldon recommended that Council members discuss this point with the applicant.
Council Member Strom remarked that shifting the road more toward the center of the property addresses a major concern of the people who live along Morgan Creek Road. The first configuration had the road essentially coming through their back yards, he said.
Council Member Verkerk asked how much traffic nine houses could generate, noting that the Town would be sacrificing a 200 year-old tree.
Council Member Harrison noted that the applicant's voluntary offer regarding the stream would preserve an entire corridor of forest. In response to Council Member Verkerk's question, he said nine houses can generate 90 to 110 trips a day, depending on what the use is. Council Member Harrison pointed out that the entire set of buildings would be taking down significant stands of trees.
Council Member Bateman remarked that Council members were being asked to decide which environmental value they hold higher.
Council Member Harrison remarked that the Town would be getting a whole corridor in exchange for two trees.
Warren Mitchell, representing Creekside Development Group, explained that the Creekside neighbors and their consultant presented data that supported the stream as intermittent even though Town staff had defined it as ephemeral. Rather than getting involved in that debate, he said, the applicant had decided to move the road. This meant that they would be able to build only nine lots, he said, adding that this resolves the neighbors' concerns about density, Mr. Mitchell said. He said they had tried to preserve trees and that lots 1-9 clear only two hardwoods, and approximately half of the trees cleared for the road would be pines. Mr. Mitchell explained that all of lot 9 would be protected, adding that this goes much further toward environmental protection than saving a tree or two would. He commented that all of the trees were beautiful, and pointed out that the 35-inch oak was being saved. Mr. Mitchell noted that the first house would be 300 feet from Morgan Creek. He explained the three elements of the low impact stormwater design and said that the applicant believed that the plan addressed the neighbors' and the Council's concerns.
Aquatic Ecologist Seth Reice explained that the difference between ephemeral, intermittent and perennial is one of degree. There is no firm line that distinguishes them, he said. Dr. Reice described the Town Engineer's report as "befuddling,", and said he had measured aquatic insects in the stream that would die if deprived of water for even two days. They could not live in an ephemeral stream, he said. Dr. Reice referred to Geologist Lawrence Band's report on how urban and rural streams differ and said that he and Mr. Band had agreed to serve on a committee to help the Town develop these definitions. This is an intermittent stream and always will be, he said, adding that the Town had created a problem for itself by trying to impose a definition that is hard to work with.
Morgan Creek Road resident Laura Moore asked that the resolution include a note regarding the significant stand of trees. When a significant stand is subdivided it is difficult to determine how to protect that significant stand, she said. Ms. Moore proposed that adding such a note on the new plan would add emphasis.
Heidi Chapman, representing the Kings Mill/Morgan Creek Neighborhood Association, commended Mr. Mitchell and his group for changing the plan and attempting to comply with the intermittent stream standard. She added, though, that the neighborhood would have more protection if the Council would define that as an intermittent stream. Defining it as Resource Conservation District (RCD) will protect it, she said, but if it is merely done as a stipulation at a Council meeting, future landowners could be in jeopardy. Ms. Chapman noted that lot 9 would be large enough to subdivide and that it is not clear that the Town is stating that it cannot be subdivided. She asked Council members to define this as an intermittent stream so the land will have that protection. Ms. Chapman pointed out that the developer had already done that and that Dr. Reice had shown that it is intermittent.
Mayor Foy asked the staff to refresh the Council's memory on the ability to subdivide lot 1 under the terms of the plat approval. Mr. Waldon explained that it could not be done without coming before the Council, which must approve any major subdivision. Mayor Foy asked if there was any greater protection the Council could give. Mr. Waldon replied that the law says that it has to come to the Council.
Council Member Ward asked if there was a footprint for another lot on the west side of the drive. Mr. Waldon replied that with the conditions in Resolution A there is no possibility for a second building footprint, and by the language in the LUMO, the land could not be further subdivided without coming back to the Council.
Mr. Horton stated that if the applicant would agree, the final plat could contain a specific notation that lot 9 could not be further subdivided at any time. Mr. Karpinos explained that this would be noted on the final plat and that the deed would refer to that plat. The applicant agreed to that notation, and Mr. Karpinos verified that this would also be in the resolution the Council adopts.
Council Member Strom, referring to the neighbors' request that the applicant note that the entire development is a significant tree stand, asked Mr. Waldon to comment on what additional tree protections that would afford. Mr. Waldon replied that when an individual homeowner buys a lot from this developer and comes in with plans for constructing a single family house the landowner would be required to do a tree survey and install tree protection devices for trees that are to be preserved.
Council Member Strom asked where the determination of the stream as intermittent should be inserted in a motion. Mr. Waldon replied that the language in the parenthetical statement in stipulation #18 refers to a 50-foot corridor "on the east side of the drainage channel only." Council Member Strom had earlier noted that that would leave the west side without the protection, he said. Mr. Waldon explained that the Council could insert "on this property only" where it now says "on the east side of the drainage channel only" if they want to be more specific.
Council Member Strom inquired about merely eliminating condition #18 and stating instead that the Council finds that the channel on the western edge is an intermittent stream. He wondered if that would create the kind of certainty that Ms. Chapman had requested. Mr. Karpinos suggested adding "and is determined to be an intermittent stream" to the fourth line of stipulation 18, after "associated with an intermittent stream," and taking the parentheses out.
Mayor pro tem Evans, noting that the next agenda issue to be discussed was to look at definitions of ephemeral and intermittent streams, expressed concern that this might establish a precedent even though the reason it is being changed in this case is because the applicant has agreed to that. She was not comfortable changing this in a development application, she said, since the purpose might be to define a more strict interpretation for the future. Mayor pro tem Evans pointed out that agenda item 8.1 would be a more appropriate place to do this.
Council Member Kleinschmidt commented that the Council was not determining this stream as intermittent merely because the applicant had agreed to that. They were doing so because they had seen sufficient evidence that they can make the finding under the existing LUMO definition that this is an intermittent stream, he said. Council Member Kleinschmidt noted that the Council may make that determination based on evidence provided.
Mayor Foy summarized the proposed conditions and Mr. Mitchell agreed to them.
COUNCIL MEMBER STROM MOVED, SECONDED BY MAYOR PRO TEM EVANS, TO CLOSE THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Council Member Ward asked the applicant to consider some conservation easement protection on slopes that are greater than 25 percent. He said that allowing homeowners to have a free hand with those slopes would greatly diminish and jeopardize the value of the land being given to the Botanical Foundation. Council Member Ward asked Mr. Mitchell what, if anything, he would be willing to do with regard to conservation easements at the steep slope line on lots 3, 4, 5 and 6. Mr. Mitchell replied that they already had agreed to protect portions of those slopes. He said that coming up to the boundary was a little tight on some of them, but that they had agreed to provide conservation easements before the lots were sold.
Mayor Foy asked Mr. Mitchell if he would object to a stipulation to that effect. Mr. Mitchell replied that he would like some flexibility on some of the boundaries.
Council Member Ward suggested that the conservation easements cover the steep slopes where they are closer than the RCD, and vice versa where the RCD line is narrower than the steep slopes. Mr. Mitchell replied that this was appropriate.
Council Member Verkerk remarked that this plan looks like one out of the 1970’s, with big houses on big lots. It does nothing to preserve the rural buffer, she said, and has nothing to offer toward a better mass transit system. Council Member Verkerk stated that she did not want to see many of more of these "1970s, cul-de-sac, large homes developments" coming to the Council for approval.
Council Member Bateman praised Mr. Mitchell for being so accommodating. "Never has so much been said for such a small subdivision," she said.
COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT R-9A AS AMENDED TO ADD A STIPULATION OF NO SUBDIVISION OF LOT 9, WITH STIPULATION 14 CHANGED TO REFLECT THE 35 INCH OAK, WITH STIPULATION 18 CHANGED TO SAY "DOWN TO MORGAN CREEK TO THE POINT WHERE IT BECOMES A PERENNIAL STREAM," WITH STIPULATIONS 27 AND 28 ELIMINATED, AND WITH AN ADDITION TO STIPULATION 22 ON CONSERVATION EASEMENT ON LOTS 2 THROUGH 6 TO THE STEEP SLOPE LINE TO THE RCD LINE, WHICHEVER OF THOSE LINES IS FARTHEST FROM THE BUILDABLE AREA, ON THE PRELIMINARY PLAT. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION APPROVING AN APPLICATION FOR A PRELIMINARY PLAT FOR CREEKSIDE SUBDIVISION (2003-04-14/R-9a)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Creekside Subdivision, proposed by Curtis Hendrickson on the property identified as Chapel Hill Township Tax Map 70, Block D, Lot 5, (PIN #9787-59-6577) if developed according to the preliminary site plan dated November 13, 2001 and revised July 12, 2002, and the conditions listed below, would comply with the provisions of the Land Use Management Ordinance:
These findings are based on the following:
1. Expiration of Preliminary Plat: That this Preliminary Plat approval shall be valid for one year from the date of approval, subject to reapproval by the Town Manager in accordance with the provisions of the Land Use Management Ordinance.
2. Number of Lots: That this approval shall authorize the creation of no more than 9 lots on 11.29 acres and the lot boundaries and associated roadway construction shall be as indicated on the revised site plan, dated April 1, 2003, subject to approval by the Town Manager, prior to issuance of a Zoning Compliance Permit.
3. Dedicated Right-of-Way Recordation: That all required dedicated right-of-way shall be shown on a recorded final plat, subject to approval by the Town Manager prior to the issuance of a Zoning Compliance Permit.
4. On-Site Road Improvements: That the applicant build the 20-foot road cross-section to Town standard, as well as 3-foot wide shoulders, and 3-foot wide drainage swales, subject to approval by the Town Manager prior to the issuance of a Zoning Compliance Permit.
5. Public Right-of-Way: That the road cross-section and shoulders shall be located inside dedicated public right-of-way and the road alignment shall reflect that shown on the April 1, 2003 revised site plan, subject to approval by the Town Manager, prior to the issuance of a Zoning Compliance Permit.
6. Drainage Swale Easements: That the required drainage swales on both sides of the road shall be included inside 10-foot wide (or wider if necessary to accommodate swales due to terrain), dedicated, public stormwater drainage easements, subject to approval by the Town Manager, prior to issuance of a Zoning Compliance Permit.
7. Conservation Area Requirements: That the applicant shall deed the land to the Botanical Garden Foundation, Inc., including approximately 43,560 square feet of conservation area in the southeastern part of the site, for preservation purposes, at the time of recordation of the final plat. This portion of the site is not intended for foot trails or recreation.
8. Town Pedestrian Easement: If the applicant provides any pedestrian points of access on site, a public access easement shall be recorded on the Homeowners’ Association recreation area and that the following users shall be entitled to use the recreation area: pedestrians, users of non-motorized vehicles, and motorized wheelchairs.
9. Pedestrian Trail Signage: If the applicant provides any pedestrian points of access on site, the applicant shall provide pedestrian trail signage identifying the trail. The signs shall comply with sign design standards contained in the Land Use Management Ordinance.
10. Removal of Trail on Lots 9, 10, and 11: That the applicant shall remove the proposed trail on Lots 9, 10, and part of 11.
Stipulations Related to Housing Issues
11. Small Houses: That the applicant shall provide 25% restricted floor area houses (2 homes) on site, no larger than 1,350 square feet each, that shall not be enlarged beyond 1,350 square feet each for 30 months after the issuance of the initial Certificate of Occupancy, regardless of ownership, and comply with all of the provisions in Section 3.8.5 of the Land Use Management Ordinance.
Stipulations Related to Landscaping and Architectural Issues
12. Landscape Protection Plan: That a detailed Landscape Protection Plan, clearly indicating which rare and specimen trees shall be removed and preserved and including Town standard landscaping protection notes, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. Special attention shall be given to identifying and protecting significant stands of trees.
13. Tree Protection Fencing: That the limits of land disturbance with tree protection fencing shall be shown on the Landscape Protection Plan, to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
14. Tree Protection: That the applicant shall preserve the following significant trees: the 31” oak on Lot 3, the 19” hickory on Lot 4, and the 35” oak in the southern corner of Lot 1. The applicant shall comply with regulations as specified by the Ordinance in place at the time of approval.
15. Critical Root Zones: That the applicant shall clearly indicate the critical root zones of the trees designated for protection in stipulation #14 on Final Plans.
16. Homeowners’ Association: That a Homeowners’ Association shall be created that has the capacity to place a lien on the property of a member who does not pay the annual charges for maintenance of common areas or easements, however designated. The Homeowners’ Association documents shall be approved by the Town Manager prior to recordation at the Orange County Register of Deeds Office and shall be cross-referenced on the final plat.
Stipulations Related to Environmental Issues
17. Resource Conservation District Boundaries: That the boundaries of the Resource Conservation District be indicated on the final plat and plan. A note shall be added to all final plats and plans, indicating, “Development shall be restricted within the Resource Conservation District in accordance with the Chapel Hill Land Use Management Ordinance.”
18. Protected Corridor along Western Drainage Channel: That a 50-foot corridor shall be identified on the final plans and final plat, on the western side of the site, with the same restrictions as a 50-foot Resource Conservation District corridor associated with an intermittent stream, for approximately 1,150 feet below Morgan Creek Road (on the east side of the drainage channel only), to the point of origin of the stream determined by the Town Manager to be intermittent.
19. Resource Conservation District Variances: That all variances necessary for development within the Resource Conservation District be obtained before application for final plat or Final Plan approval for the subject phase(s) of development.
20. The Resource Conservation District Buildable Lots: That no lot be created that would require a Resource Conservation District Variance in order to be built upon. In addition, for each lot it must be demonstrated that there is sufficient buildable area outside the Resource Conservation District, slopes of 25% or greater, vegetated buffers, other required landscape buffers, easements, and any applicable building setback limits.
21. The Resource Conservation District Construction Standards: That for roadway encroachment into the Resource Conservation District, the requirements and standards of Section 3.6.3 of the Land Use Management Ordinance and all other applicable Resource Conservation District regulations must be adhered to, unless the application is granted administrative exemptions from provisions of Subsection 5.8.
All required erosion control sediment basins and stormwater improvements, outside the public right-of-way, including associated clearing and grading, shall be located entirely outside of the Resource Conservation District. All grading associated with the construction of a residence shall be located entirely outside of the Resource Conservation District.
22. Steep Slopes: That each submittal for Final Plan approval shall include a plan showing lots and street segments on slopes of 10% or more, and indicating how the development and construction will comply with the steep slopes regulations in the Land Use Management Ordinance:
· for slopes of 10 - 15%, site preparation techniques shall be used which minimize grading and site disturbance;
· for slopes of 15 - 25%, demonstrate specialized site design techniques and approaches for building and site preparation; and
· for slopes of 25% or greater, provide a detailed site analysis of soil conditions, hydrology, bedrock conditions, and other engineering or environmental aspects of the site.
Each Final Plan application shall demonstrate compliance with the steep slopes regulations in the Land Use Management Ordinance. The Town Manager shall decide if the proposed building and site engineering techniques are appropriate. These restrictions shall be referenced in the Homeowners’ Association documents.
23. Stormwater Management Plan: That prior to the issuance of a Zoning Compliance Permit the applicant shall submit a Stormwater Management Plan for review and approval by the Town Manager. The plan shall be based on the 1-year, 2-year, and 25-year frequency, 24-hour duration storms, where the post-development stormwater run-off rate shall not exceed the pre-development rate and the post-development stormwater runoff volume shall not exceed the pre-development volume for the local 2-year frequency, 24-hour duration storm event. Engineered stormwater facilities shall also remove 85% total suspended solids and treat the first inch of precipitation utilizing NC Division of Water Quality design standards.
24. Integrated Management Practices: That the applicant shall employ Integrated Management Practices, such as vegetative filter strips, infiltration swales, reduced impervious surface, pervious pavements, infiltration trenches, bio-retention facilities, dry wells, cisterns, rain barrels, and level spreaders, to manage the rate, quality, and volume of runoff, based on best available information. Final design and locations shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. These stormwater management features shall not be permitted within approved landscaped bufferyard areas.
25. Water Quality Enhancement: That the applicant shall employ additional Integrated Management Practices, in addition to the proposed drainage swales, to ensure compliance with stormwater quality standards.
26. Storm Drainageway Easement: That all stormwater management improvements, outside public right-of-way, shall be located inside reserved storm drainageway easements, per Town guidelines, to be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
27. Off-Site Drainageway Easement: That the applicant shall provide an off-site storm drainageway easement in the area southwest of Lots 10 and 11 or demonstrate how stormwater discharge will not negatively impact adjacent off-site property owners, to be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
28. Extension of Drainage Pipe Beneath Morgan Creek Road: That the applicant shall extend the existing 18-inch pipe that runs beneath Morgan Creek Road south of Lot 1 before being released into an open channel, to be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
29. Stormwater Yard Inlet: That the applicant provide a standard yard inlet for the proposed storm drain, south of the cul-de-sac, between Lots 8 and 9.
30. Stormwater Operations and Maintenance Plan: That the applicant shall provide a Stormwater Operations and Maintenance Plan for all engineered stormwater facilities. We recommend that the plan include the owner's financial responsibility and include the maintenance schedule of the facilities to ensure that it continues to function as originally intended and shall be approved by the Town Manager, prior to the issuance of a Zoning Compliance Permit.
31. Erosion Control: That a detailed soil erosion and sedimentation control plan, including provision for maintenance of facilities and modifications of the plan if necessary, be approved by the Orange County Erosion Control Officer and the Town Manager prior to issuance of a Zoning Compliance Permit.
That a performance guarantee be provided in accordance with Section 5-97.1 of the Town Code of Ordinances prior to issuance of any permit to begin land-disturbing activity.
32. Silt Control: That the applicant takes appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.
Stipulations Related to Utility and Service Issues
33. Solid Waste Management Plan: That a Solid Waste Management Plan, including provisions for recycling, and for managing and minimizing construction debris, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
34. Utility/Lighting Plan Approval: That the final Utility/Lighting Plan be approved by Duke Power Company, Orange Water and Sewer Authority, BellSouth, Public Service Company, Time Warner Cable, and the Town Manager prior to issuance of a Zoning Compliance Permit.
35. Utility Line Placement: That all new utility lines shall be placed underground. The applicant shall indicate proposed off-site utility line routing and upgrades required to service the site on Final Plans, to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
36. OWASA Easements: That easement documents as required by OWASA and the Town Manager be recorded concurrently with the final plat. That the final plat shall be approved by OWASA prior to Town Manager approval.
37. Fire Flow: That a fire flow report shall be prepared and sealed by a registered professional engineer, and showing that flows meet the minimum requirements of the Town Design Manual, to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
38. Fire Hydrant Spacing: That maximum spacing between fire hydrants shall not exceed 500 feet, subject to approval by the Town Manager prior to issuance of a Zoning Compliance Permit.
39. Construction Management Plan: That a Construction Management Plan, indicating how construction vehicle traffic will be managed, shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
40. Open Burning: That the open burning of trees, limbs, stumps and construction debris association with this development is prohibited unless it is demonstrated to the Town Manager or his designee that no reasonable alternative means are available for removal of the materials from the subject property. The Fire Marshall may establish safety standards, which must be met in order to receive a permit under this Article.
41. Plant Rescue: That the applicant consider conducting plant rescue activities on the site after the issuance of a Zoning Compliance Permit and prior to the start of construction. The applicant is encouraged to consult with the North Carolina Botanical Garden staff for prior to starting a plant rescue.
42. Detailed Plans: That final detailed site plans, grading plans, utility/lighting plans, stormwater management plans (with hydrologic calculations), and landscape plans and landscape maintenance plans be approved by the Town Manager prior to issuance of a Zoning Compliance Permit, and that such plans conform to the plans approved by this application and demonstrate compliance with all applicable conditions and the design standards of the Land Use Management Ordinance and the Design Manual.
43. As-Built Plans: That as-built plans in DXF binary format using State plane coordinates, shall be provided for street improvements and all other existing or proposed impervious surfaces prior to issuance of the first Certificate of Occupancy.
44. Certificates of Occupancy: That no Certificates of Occupancy shall be issued until all required public improvements are completed; and that a note to this effect shall be placed on the final plat.
That if the Town Manager approves a phasing plan, no Certificates of Occupancy shall be issued for a phase until all required public improvements for that phase are complete; no Building Permits for any phase shall be issued until all public improvements required in previous phases are completed to a point adjacent to the new phase, and that a note to this effect shall be placed on the final plat.
45. Street Names and Addresses: That the name of the development and its streets and house numbers be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
46. Construction Sign: That the applicant shall post a construction sign that lists the property owner’s representative and telephone number, the contractor’s representative and telephone number, and a telephone number for regulatory information at the time of issuance of a Building Permit, prior to the commencement of any land disturbing activities. The construction sign may have a maximum of 16 square feet of display area and may not exceed 6 feet in height. The sign shall be non-illuminated, and shall consist of light letters on a dark background.
47. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
48. Non-severability: That if any of the above conditions is held to be invalid, approval in its entirety shall be void.
BE IT FURTHER RESOLVED that the Council hereby approves the application for a Preliminary Plat for the Creekside Subdivision in accordance with the plans and conditions listed above.
This the 14th day of April, 2003.
Item 8.1 Consideration of Resolution Establishing a Committee to Review the
Definition and Field Verification Method for Intermittent Streams
Mr. Horton said the staff thought there were problems with the definition. They had recruited an excellent group of qualified people to help them arrive at a better definition, he said, and hoped that the Council would allow them to proceed as proposed.
Council Member Bateman left the meeting at 9:55 p.m.
Council Member Harrison noted that much of the debate had been about the field criteria for streams. He pointed out that the Council had wanted a shortcut and that he had come up with one with the assistance of his friend who is a Raleigh biologist. Council Member Harrison acknowledged that the definition probably was too much of a shortcut.
COUNCIL MEMBER WIGGINS MOVED, SECONDED BY MAYOR PRO TEM EVANS, TO ADOPT R-10. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A resolution authorizing the Manager to INVITE PARTICIPATION IN A TECHNICAL ADVISORY committee TO REVIEW AND RECOMMEND revisions, if necessary, to the land use management ordinance stream DEFINITIONS and verification criteria (2003-04-14/R-10)
Whereas, the Chapel Hill Town Council desires to comprehensively and consistently apply the regulations in the recently adopted Land Use Management Ordinance; and
WHEREAS, these regulations include significant restrictions on land use within Resource Conservation District areas surrounding streams in Chapel Hill; and
WHEREAS, the Council wishes to utilize the best scientific methods and accepted practices for determining stream classifications associated with Resource Conservation District areas;
Now, therefore, be it resolved by the Council of the Town of Chapel Hill that the Council directs the Manager to invite participation in a technical advisory committee including experienced professionals and academic experts to review and recommend revisions, as needed, to the Land Use Management Ordinance stream definitions and field verification criteria.
BE IT FURTHER RESOLVED that the Council requests that the Manager report back with the findings and recommendations of the advisory committee no later than the first regular Council meeting in June 2003.
This the 14h day of April, 2003.
Mayor Foy thanked Dr. Reice for agreeing to serve on the committee.
Council Member Wiggins remarked that once the committee arrives at a decision the Council should let the staff work with it. She noted that the Town is sometimes in the position where a group of experts will take an opposite position to what the Town staff says. Council Member Wiggins pointed out that people use expert testimonies all the time in court. She expressed discomfort with the idea of spending money to hire professionals and not standing by them when they are challenged.
Item 11 - Presentation by Orange Water and Sewer Authority
regarding Proposed New Water Conservation Standards
Board Chair Bernadette Pelissier presented Orange Water and Sewer Authority‘s (OWASA) final version of its proposed water conservation ordinance. She pointed out the OWASA service area on a map, stating that it consists mostly of Carrboro and Chapel Hill. The area includes the Cane Creek Reservoir, University Lake Watershed and Stone Quarry, Ms. Pelissier said, noting that 90% of the water that OWASA provides comes form rainfall in Orange County.
On a graph, Ms. Pelissier showed the continuing drop in reservoirs in the summer of 2002. She displayed pictures of those reservoirs at different water levels. Ms. Pelissier presented a chart that showed OWASA's raw water demand and use between June 1, 2002 and March 31, 2003. She indicated how there had been no change in water use during the summer drought until it reached emergency stage III in September. Ms. Pelissier explained various OWASA initiatives, listed the ordinance's objectives, and outlined key year-round measures. She reviewed the proposed restrictions for stages I, II and III and the water supply emergency plan. Ms. Pelissier said that the nest steps would be to seek ordinance approval by local governments and to keep customers and local governments informed and involved with ongoing OWASA initiatives.
Council Member Ward pointed out that using 600 gallons a day in stage III reduction means 18,000 gallons a month. He noted that 800 gallons a day, in stage II, is 2,400 gallons a month. Council Member Ward ascertained that those figures had come from looking at water use patterns and at the small number of customers that were exceeding that use. Ms. Pelissier noted that, if the Council adopted this, OWASA would have the rate structure in place. OWASA hopes the rate structure will discourage people, she said, because there would be no increase in rates if use were below 6,000 gallons per month. Ms. Pelissier said there would be a bigger increase in rates from 6,000-10,000 and a much more significant increase above 10,000, where a customer could be charged 400% more than the base rate for all the water over 10,000 gallons. She explained that this would be a two-pronged approach and should discourage people from using so much water and also have a ceiling, she said.
Council Member Strom summarized that OWASA believed that the price signal would be strong enough to get people to cut back even further during month two. Ms. Pelissier pointed out that there is no research that can predict people's behavior regarding this, so much of it is conjecture.
Mayor pro tem Evans said that she had received a call from someone who thought this was too extreme for year-round conservation and that much of it was too difficult to enforce. She recommended that these be suggestions rather than regulations and that OWASA move into regulations at stages II and III. Mayor pro tem Evans commented that OWASA has the same costs, and expanded costs, even when water is going over the dam. She asked if everyone's water costs would have to increase to balance that out. Ms. Pelissier replied that some of the year-round measures that are phrased as regulations really are recommendations, since no one can force people to wash a full load of laundry, for example. She pointed out that there always is a certain amount of flexibility and discretion regarding enforcement, adding that OWASA would address complaints themselves and the Police Department would not normally be called upon. Ms. Pelissier said the increase in rates did not automatically mean that everyone would have to pay more. Some of the cost is driven by OWASA's Capital Improvements Plan (CIP), she said, pointing out that this would be less if demand were reduced. Ms. Pelissier said there might be some short-term increase in rates but that OWASA did not have the level of detail needed to answer that question at this time.
Ms. Pelissier stated that this was OWASA's final recommendation to the Council for an ordinance. If the Council chooses to modify the proposed ordinance, she suggested that it be a modification that everyone agrees on, including Carrboro and Orange County.
Council Member Ward asked for a better sense of how often the Town had reached stages I, II and III over the past 20 years. Ed Holland, OWASA’s Planning Director, explained that the summer of 2002 was the only time there had been mandatory stage I restrictions. Council Member Ward suggested having low value uses of water, such as car washing , restricted at stage I in order to keep from getting to stage II.
Council Member Harrison praised the plan to have a graphic decision guide that the public can readily understand. Because of the timing, he said, some people believe that OWASA's rate changes were related to drought management last year. Council Member Harrison recommended that someone clarify that as they move forward in the process.
Council Member Wiggins mentioned predictions of more drought conditions in the future. The new ordinance is timely, she said, adding that the Town might have to institute even more restrictions to protect water. Council Member Wiggins expressed appreciation to OWASA for developing the proposed ordinance and said that she had no problems with any of the restrictions.
Council Member Verkerk ascertained that people can contact OWASA when they have special circumstances that require using extra water. The OWASA staff addresses those on a case-by-case basis, Ms. Pelissier said.
Mark Sherburne, General Manager at the Siena Hotel, spoke regarding OWASA's guidelines for laundering bed linens. He said that he and other hoteliers had not been included in OWASA discussions and had not received feedback to their inquiries regarding the ordinance. Mr. Sherburne commented on the "green programs" that hotels have had in place for several years, at their own discretion, before OWASA had any guidelines or restrictions. These green programs include water savings through low-flow showers and toilets and programs through which guests can voluntarily not have their linens and towels changed every day, he explained. Mr. Sherburne objected to the notion of not changing linens for paying guests for five days. He pointed out that this is not the national standard and that hoteliers had not been presented with any hard data showing substantial savings. Mr. Sherburne concluded that hoteliers in Chapel Hill already were environmentally conscious. He said that they were open to talking with OWASA and the Town Council about how they can help save water.
Council Member Wiggins left the meeting at 10:40 p.m.
Virginia Knapp, speaking for the Chamber of Commerce, expressed the Chamber's support for the hoteliers' concerns about the OWASA ordinance. She added that she had spoken to gardeners and landscapers who were pleased with the ordinance. Ms. Knapp said that hoteliers' green programs address more of the water conservation issues than the one sentence in the ordinance does. She urged the Council to forge a partnership between OWASA and the hoteliers to implement the green hotel program.
Mayor Foy determined that the next step would be for the Council to ask the staff to develop an ordinance to be brought to the Council.
Council Member Ward inquired about how to do this in concert with the other governing bodies. Mr. Horton replied that each ordinance might include suggestions for change so that any differences might be discussed and worked out. Another approach, he said, would be that the staff could have preliminary discussions with the staffs of Carrboro and Orange County to try and determine in advance whether there might be some identifiable differences.
Council Member Ward encouraged the Manager to take the second approach.
Mayor Foy pointed out that the public hearing would be a critical time and that the public might not like the ordinance that the three bodies agreed to.
Mayor pro tem Evans asked that the requested amendment from the Orange County Lodging Association be incorporated into the draft ordinance and that the concerns she expressed earlier be addressed by changes in wording, such as changing "requirements" to "suggestions."
COUNCIL MEMBERS AGREED BY CONSENSUS TO HAVE AN ORDINANCE PREPARED FOR CONSIDERATION AND THAT THE CHAPEL HILL STAFF INVITE STAFFS OF ORANGE COUNTY AND CARRBORO TO WORK TOGETHER ON A PROPOSED ORDINANCE.
Council Member Strom requested information regarding a possible date for enactment.
Item 12 - Appointments
a. Northside Neighborhood Conservation District Committee.
Council Member Ward asked how the district boundary had been determined. He wondered why Stinson Extension and part of Pritchard Avenue Extension had been omitted. Northside Community Liaison Delores Bailey explained that the Stinson area was heavily rental. Council Member Ward noted that the entire district is half rental. Ms. Bailey agreed, adding that the owners of those rental properties would have an opportunity to participate. Mr. Waldon explained that this is a boundary that has been used for a number of purposes for a number of years.
COUNCIL MEMBER VERKERK MOVED, SECONDED BY MAYOR PRO TEM EVANS, TO ADOPT R-14. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).
A RESOLUTION ESTABLISHING THE NORTHISDE NEIGHBORHOOD CONSER-VATION DISTRICT COMMITTEE (2003-04-14/R-14)
WHEREAS, the Town’s new Land Use Management Ordinance includes provisions for creation of overlay zoning districts for older neighborhoods in order:
· to promote and provide for economic revitalization and/or enhancement;
· to protect and strengthen desirable and unique physical features, design characteristics, and recognized identity, charm and flavor;
· to protect and enhance the livability of the Town;
· to reduce conflict and prevent blighting caused by incompatible and insensitive development, and to promote new compatible development;
· to stabilize property values;
· to provide residents and property owners with a planning bargaining tool for future development;
· to promote and retain affordable housing;
· to encourage and strengthen civic pride; and
· to encourage the harmonious, orderly and efficient growth and redevelopment of the Town; and
WHEREAS, on March 24, 2003, the Council adopted a resolution to establish the composition of a Northside Neighborhood Conservation District Committee;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council appoints the following members to the Northside Neighborhood Conservation District Committee:
Northside Neighborhood Association
· Ed Caldwell
· R.D. Smith
Northside Neighborhood Watch
· Helen Galbreth
· Estellle Mabry
Sykes Street Steering Committee
· Delores Bailey
· Tom Tucker
·
Investors
· Mark Patmore
· To be determined
Northside Residents
· Jeff Caiola
· Jane Farrar
· Esphur Foster
· Mae McClendon
· Velma Perry
· Sydalg Severe
At Large Members
· Josh Gurlitz
· To be determined
BE IT FURTHER RESOLVED that the Committee will also consist of a representative from the University, and two representatives from the Planning Board.
BE IT FURTHER RESOLVED that the Council charges the Committee with developing a Neighborhood Conservation District proposal using the geographic area shown in Attachment 2 in accordance with the provisions of the Town’s Land Use Management Ordinance by September 2003, for consideration by the Town Council and the Planning Board.
BE IT FURTHER RESOLVED that the application process will be open to all residents and property owners of the Northside neighborhood.
BE IT FURTHER RESOLVED that the size of the Committee will be limited to twenty-two members.
This the 14th day of April, 2003.
b. Stormwater Utility Policy Review Committee.
John French was appointed.
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Council Members |
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Stormwater Utility Policy Review CommitteeApplicants |
Foy |
Bateman |
Evans |
Harrison |
Kleinschmidt |
Strom |
Verkerk |
Ward |
Wiggins |
TOTAL |
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John French |
X |
X |
X |
X |
X |
X |
X |
X |
X |
9 |
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Charlie Nelson, Jr. |
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-- |
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Jack Olin |
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-- |
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Michael Wall |
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|
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-- |
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Item 13 - Petitions
a. By the Mayor and Council Members. None.
b. By the Manager and Attorney. None.
Item 14 - Reserved for discussion of consent agenda items if necessary
Council members deferred Item 5b, Response to Council Questions About Mixed Use Regulations, by consensus to the next meeting of the Council.
Item 15 - Request for Closed Session to Discuss Property
Acquisition, Personnel, and Litigation Matters
COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER STROM, THAT THE COUNCIL GO INTO CLOSED SESSION AS AUTHORIZED BY NORTH CAROLINA GENERAL STATUTE SECTION 143-318.1185 TO INSTRUCT THE TOWN STAFF CONCERNING THE POSITION TO BE TAKEN ON BEHALF OF THE TOWN IN NEGOTIATING THE TERMS FOR THE POSSIBLE ACQUISITION OF THE FOLLOWING REAL PROPERTY INTEREST: (1) ACQUISITION OF PROPERTY IDENTIFIED AS TAX MAP REFERENCE 7.18.4 NEAR THE SITE OF THE PROPOSED TOWN OPERATIONS CENTER; (2) ACQUISITION OF THE PROPERTY IDENTIFIED AS TAX MAP REFERENCE 7.18.3 NEAR THE SITE OF THE PROPOSED TOWN OPERATIONS CENTER; AND (3) ACQUISITION OF A PEDESTRIAN EASEMENT ACROSS PROPERTY IDENTIFIED AS TAX MAP REFERENCE 7.46.B.11A NEAR THE INTERSECTION OF ELLIOTT ROAD AND FORDHAM BOULEVARD. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).
The meeting adjourned at 10:52 p.m.