MINUTES OF PUBLIC HEARINGS HELD BY THE CHAPEL HILL TOWN

COUNCIL, MONDAY, FEBRUARY 19, 1990, 7:30 P.M.

Mayor Howes called the meeting to order.

Council Members Joyce Brown, Nancy Preston, Alan Rimer and Roosevelt Wilkerson were in attendance. Council Members Julie Andresen, Joe Herzenberg, James Wallace and Art Werner were unable to attend.

Also in attendance were: Assistant to the Mayor Lisa Price, Interim Town Manager Sonna Loewenthal, Assistant Town Manager Florentine Miller, Public Safety Director Cal Horton, Planning Director Roger Waldon, Assistant to the Attorney Richard Sharpless, and Town Attorney Ralph Karpinos.

University Village SUP Modification

Interim Town Manager Sonna Loewenthal requested that agenda materials and attachments for the University Village SUP modification be entered into the record of the hearing. Mayor Howes concurred with the request.

Planning Director Roger Waldon said that the applicant (Kenan Oil Company) was requesting an extension of the starting time for its special use permit. Mr. Waldon noted that the Council had approved this special use permit application in March, 1989, stipulating a construction start date of March 27, 1990. Mr. Waldon said that this type of special use permit modification must be considered by the Council. He concluded his remarks by stating that the request appeared to reasonable, and approval was recommended.

Chris Gordon, representing University Inn Associates, stated that pre‑construction activities had taken longer than anticipated. Mr. Gordon requested that the Council approve a twelve‑month extension to the starting time of the special use permit.

Planning Board Chairperson Bruce Guild no?ed that the Planning Board had recently held discussions concerning special use permit time frames. Mr. Guild stated that a period of eighteen to twenty‑four months start‑up time might be appropriate for some projects. Council Member Rimer inquired whether this change could occur administratively. Mr. Waldon noted that the change was at the discretion of the Council. He added that construction can begin within twelve months or whatever time frame the Council chooses.

Council Member Rimer inquired whether the Planning Board could recommend a different time period. Mr. Waldon said this was correct. Ms. Loewenthal said she recommended approval of the request.

There were no questions from the Council concerning the request. Mr. Gordon expressed his concurrence with the conditions of approval.

COUNCIL MEMBER WILKERSON MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO RECESS THE HEARING TO MARCH 6, 1990. THE MOTION WAS ADOPTED UNANIMOUSLY (5‑0).

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO REFER THE MATTER TO THE MANAGER AND THE ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (5‑0).

Commercial Subdivision Development Ordinance Text Amendment

Planning Director Roger Waldon stated that Mr. Sam Longiotti had requested a change to the Town's regulations concerning approval of commercial subdivisions. Mr. Waldon noted that the Town's Development Ordinance does not currently have provisions for an owner to reasonably subdivide large commercial tracts, enabling individual ownership. Mr. Waldon said that demands of the market place suggest that separate ownership would be desirable. Mr. Waldon added that the ordinance amendment would permit owners in this situation to subdivide their land. Mr. Waldon stressed the need for covenants to ensure proper maintenance of common areas. Mr. Waldon noted that the proposed amendment would allow commercial owners to subdivide so that land and buildings could be sold individually.

Mr. Waldon noted that the amendment would allow greater flexibility and individual ownership options, which in turn would facilitate project financing for owners.

Mr. Waldon noted that the proposed amendment would introduce the complexity of multiple ownership, since the desired changes would require agreement by several parties. Mr. Waldon said that on balance, the proposal would generate a good and positive change.

Richard Gurlitz, Mr. Longiotti's representative, noted that Mr. Waldon had stated the proposal succinctly. Mr. Gurlitz said he would respond to any questions by the Council.

Planning Board Chairperson Bruce Guild said that the Planning Board felt the requested amendment was a reasonable proposal. Mr. Guild noted that the Planning Board recommended approval of the amendment unanimously (9‑0).

Ms. Loewenthal said her preliminary recommendation to the Council was the adoption of Ordinance A.

Council Member Art Werner arrived at 7:49 p.m.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO REFER THE MATTER TO THE MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (6‑0).

Minority/Female‑Owned Business Contract Participation

Assistant to the Town Manager Greg Feller noted that the North Carolina General Assembly had adopted changes in regulations applying to major construction projects for municipalities during its 1989 session. Mr. Feller stated that the State had established 10? participation goals for minority and female‑owned business participation in projects over $100,000. Mr. Feller said that the State had set a suggested goal of 10% participation, adding that each local government was required to set a verifiable percentage goal. Noting that the Town had no good statistical basis for setting an initial goal, Mr. Feller said that there may be a need to modify the goal in the future. Mr. Feller noted that several local governmental entities had established ten and fifteen percent participation goals.

Henry Richardson, representing the newly formed Association of Minority Businesses, noted that the association had not been incorporated to date. Mr. Richardson added that efforts were being made to include more Orange County minority‑owned businesses in the association. Mr. Richardson and the Association of Minority Businesses offered assistance to the Town in identifying minority businesses in Orange County and in establishing an appropriate percentage goal for minority participation for the Town. Mr. Richardson noted that membership of the association included firms other than construction businesses.

Julia Van Pole, 106 Carr Street, suggested that the Town investigate the City of Winston‑Salem's program for businesses owned by minorities and women. Ms. Van Pole noted that the program specialized in the identification of businesses owned by minorities and women for program participation.

Council Member Rimer inquired about the next step in the process for the adoption of participation goals. Ms. Loewenthal responded that the staff would bring a resolution before the Council for their consideration in the near future.

Council Member Preston inquired whether the percentage adopted by the Town would be a requirement or a goal. Mr. Feller stated that a goal would be adopted. He added that the basis for awarding bids would remain unchanged. Council Member Preston inquired whether it was possible that the Town might not reach the proposed participation goals. Mr. Feller said this was difficult to judge, noting that this outcome would be left to future experience.

Council Member Wilkerson expressed a desire to go beyond the State statute pertaining solely to construction contracts. Council Member Wilkerson requested that the Town staff examine the overall definition of minority participation, and report back to the Council on other areas outside of construction contracts.

Council Member Rimer observed that there appeared to be no benefit in bidding for minority and female‑owned businesses. Council Member Rimer inquired about the intent of the legislation. Council Member Rimer also asked how more could be done to assist minority and female‑owned businesses. Mr. Feller stressed the importance of making contractors aware of the establishment of the participation goal. Mr. Feller noted that prime bid contractors would have to recruit minority contractors in attaining the participation goal. Mr. Feller said that increased opportunities could be attained through additional information.

Council Member Rimer stated that the idea appeared to be a good one, but he was concerned about the chances for success for such a program. Mayor Howes observed that the participation goal appeared to do more for the Town than for businesses owned by minorities and women. Council Member Wilkerson stated that this was his basis for his request for additional information. Council Member Rimer said it would be possible to help minority and female‑owned businesses in areas other than construction.

COUNCIL MEMBER WILKERSON MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO REFER THE MATTER TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (6‑0).

Mayor Howes noted that members of the Council would be meeting with elected officials from the Towns of Carrboro and Hillsborough, and Orange County on Wednesday, February 21 at 7:30 p.m. at the Exchange Building in Hillsborough.

The public hearings concluded at 8:02 p.m.