MINUTES OF A MEETING OF THE MAYOR AND COUNCIL OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA, MONDAY, MAY 13, 1991 AT 7:30 P.M.

Mayor Howes called the meeting to order. Council Members in attendance were Jule Andresen, Joyce Brown, Joe Herzenberg, James C. Wallace, Arthur Werner and Roosevelt Wilkerson. Council Members Nancy Preston and Alan Rimer were absent excused. Also in attendance were Assistant to the Mayor Lisa Price, Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Planning Director Roger Waldon, Assistant to the Attorney Richard Sharpless and Town Attorney Ralph Karpinos.

There were no ceremonies or hearings.

Item 3 - Petitions

Fay Culpepper requested that the Council postpone its vote on the Alpha Delta Pi request for conditional use rezoning, since seven of nine affirmative votes would be needed for approval. Mayor Howes said it was not possible to predict when all members of the Council would be in attendance in the near future. Council Member Andresen said she supported taking up the matter this evening, with seven Council Members in attendance. Council Member Wallace noted that the request for conditional use rezoning would require an affirmative vote of all seven members in attendance this evening. Mayor Howes said it appeared to be the Council's sentiment to proceed on the matter this evening. Council Member Herzenberg noted that Council Members Preston and Rimer had written memorandums to the Mayor and Council concerning the conditional use rezoning requests.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO DENY THE PETITION POSTPONING CONSIDERATION OF THE ALPHA DELTA PI REZONING REZONING REQUEST.

Mayor Howes reiterated that there would not be nine members of the Council in attendance at a regular meeting in the near future.

THE MOTION DENYING THE PETITION WAS ADOPTED UNANIMOUSLY (7-0).

Item 4 - Minutes of April 9, 15, 22 and 23, 1991

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO ADOPT THE MINUTES OF APRIL 9 AS PRESENTED. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER HERZENBEG, TO ADOPT THE MINUTES OF APRIL 15 AS PRESENTED. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

COUNCIL MEMBER WILKERSON MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT THE MINUTES OF APRIL 22 AS PRESENTED. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER WILKERSON, TO ADOPT THE MINUTES OF APRIL 23 AS PRESENTED. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

Item 5 - Alpha Delta Pi Conditional Use Rezoning Request

Mayor Howes noted that if the rezoning request were approved, the item would consider items b and c.

Planning Director Roger Waldon said comments on the matter had been considered at the Council's April 15th public hearing. Mr. Waldon said that denial of the request was recommended, since none of the three conditions for rezoning, manifest error, changing conditions or consistency with the Comprehensive Plan were met.

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 1.1, DENYING THE REQUEST FOR REZONING.

Council Member Andresen said the request not a horrendous one, but downtown neighborhoods were fragile. She noted that the Council's vote did not preclude other compatible zoning possibilities in the area. Council Member Andresen commended the sorority for its hard work on the application. Council Member Herzenberg said the vote was not hostile to sororities. He noted the importance of maintaining residential zoning in downtown neighborhoods. Council Member Wilkerson said that the Council might look at rezoning in the area in the future. Mayor Howes noted that the Council very rarely ever approved zoning requests of this type. Council Member Wallace noted that the Council had spent several years and considerable effort to establish a historic district in the downtown area. He noted the difficulty of making a judgement call on the rezoning request.

THE MOTION TO DENY THE REZONING REQUEST, RESOLUTION 1.1, WAS ADOPTED UNANIMOUSLY (7-0).

Item 6 - Eastowne 600 Special Use Permit Modification

The applicant's representative, Diane Buterbaugh, was sworn by the Clerk.

Planning Director Roger Waldon said that modification of an existing special use permit was being requested. Mr. Waldon said the application met existing regulations and approval of the request was being recommended. He also requested that agenda materials be entered into the record of the hearing. Mayor Howes concurred with the request. Council Member Andresen inquired about landscaping and trees proposed for the site. Ms. Buterbaugh responded that landscaping would be provided in accordance with Town requirements. She noted that a buffer variance was being requested and quality landscaping would be provided on the balance of the site.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADJOURN THE HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

COUNCIL MEMBER WILKERSON MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO ADOPT RESOLUTION 2A. THE MOTION WAS ADOPTED UNANIMOUSLY

(7-0).

(Insert Resolution 2A here)

Item 7 - Regional Land Use and Transportation

Transportation Planner David Bonk reviewed the components of regional land use and public transportation study. Mr. Bonk said that four types of corridors (railroad, highway, arterial and hybrid) had been evaluated for future viability. He noted that there was limited potential for success of the railroad corridor by the year 2010. Mr. Bonk said that changes to the thoroughfare plan were predicated on projected increased transportation use. Council Member Werner requested a clarification of population assumptions made in conjunction with the study. Mr. Bonk clarified the assumptions, noting that population projections were most critical within a one-mile width of the transportation corridors. He added that federal regulations required a minimum of 1,280 riders per mile of light rail on a daily basis.

Council Member Andresen inquired about changes in area land-use plans. Mr. Bonk said that local governments were developing more open attitudes in matching land use patterns to transportation systems. Council Member Andresen stated that some areas had different missions relative to population densities and transportation corridors. Mr. Bonk said the committee wished to rearrange anticipated growth patterns to encourage greater usage of public transportation. He noted that net total growth did not need to change as a result of these alterations.

Council Member Brown said she appreciated the work of the committee. She noted that the densities in the report could be lower and still succeed in their objectives. Mr. Bonk said that commuters would walk up to one-quarter mile to access a bus system and up to one-half mile to access train service. Council Member Brown requested an overview of transit usage relative to parking availability. Mr. Bonk said that increased population densities would induce greater public transportation usage as would lesser availability of parking spaces. Mayor Howes noted that population densities required to support mass transit systems were not horrifying. Mayor Howes stated that alternative modes of transportation such as light rail had attracted the attention of many local residents and elected officials. He noted that it took a long period of time to plan and articulate mass transportation systems. Mr. Horton said the resolution before the Council would direct the staff to support the carrying out of the regional land use and public transportation action agenda. Council Member Andresen thanked Council Member Brown for involving the Transportation Board in the committee and planning process.

COUNCIL MEMBER WALLACE MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT RESOLUTION 2.1. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

(Insert Resolution 2.1 Here)

Item 8 - Consideration of Noise Ordinance Amendments

Council Member Herzenberg said the proposed ordinance changes would enable the police department to deal more effectively with noise complaints. He noted that several members of the noise ordinance monitoring committee were in attendance this evening. He briefly reviewed the committee's activities and thanked the staff for their able support. He also noted that the committee was in unanimous agreement with the exception of decibel limits.

Phil Pavlik said that noise limits were a matter of civil rights. Mr. Pavlik said that many other communities had maximum noise limits of fifty to sixty decibels. He stated that noise limits were a public health and welfare issue. Mr. Pavlik requested that earlier mistakes in setting noise level limits be remedied by the Council by reducing the maximum allowable level to sixty-five decibels.

Helen Urquhart expressed her concurrence with Mr. Pavlik's observations. Ms. Urquhart noted that she had vacuumed her house on a recent evening to block out the noise from a nearby party in her neighborhood. She said that parties had become more bearable with recently imposed time limits. Ms. Urquhart expressed concern that only seven neighborhood residents from four neighborhoods had been selected to serve on the Noise Ordinance Monitoring Committee. She urged the Council to adopt a maximum noise level of sixty-five decibels.

Council Member Wilkerson inquired when notification had to be given to neighbors within two hundred and fifty feet of parties. Police Planner Jane Cousins noted that a form was required to get neighbors to talk to one another. Mr. Horton said that the timeliness of applications were taken into account, with denial of some permits possible.

Council Member Andresen suggested that the ordinance contain provisions discouraging people from waiting until the last minute to obtain noise permits. Council Member Werner expressed his concurrence, noting that a twenty-four to forty-eight hour time limit was advisable. Council Member Andresen said she supported serious consideration of a sixty-five decibel limit. Mayor Howes noted that many other communities had a decibel level below sixty-five. He noted that there was a big difference between a sixty-five and seventy decibel limit. Mayor Howes suggested that the Council err on the lower side of this limit. Council Member Brown expressed her concurrence, noting the need to make neighborhoods as livable as possible. Council Member Werner noted that Council Member Herzenberg was a fair and disinterested party concerning noise limits. Council Member Werner inquired why a seventy decibel limit was recommended by the majority of the committee. Council Member Herzenberg said the proposed seventy decibel limit was a compromise by the committee. He noted that some members of the committee favored a fifty decibel limit. Council Member Herzenberg also noted that other communities had unique situations which permitted setting of lower decibel limits.

Mr. Horton said that the committee was recommending that it meet in one year to consider additional changes to the ordinance, if necessary. Council Member Herzenberg noted that adoption of a sixty-five, rather than seventy, decibel limit would mean that some downtown businesses would have to change their modes of operation. Council Member Wilkerson said he had suffered through many nights of loud noise from downtown entertainment establishments when he resided in the Northside neighborhood. Council Member Wilkerson expressed his support for a sixty-five decibel limit and a minimum forty-eight hour notification period. Council Member Andresen said that the Council might want to consider not voting on the proposed ordinance amendments this evening. Council Member Brown encouraged the Council to modify the proposed ordinance to a limit of sixty-five decibels.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER HERZENBEG, TO ADOPT ORDINANCE 1.1.

Council Member Herzenberg encouraged the Council to support the committee recommendation and address the decibel limit matter at a later time. Council Member Werner noted with concern that consideration of the matter was occurring the day after University graduation. He noted that the Council had historically not dealt with matters impacting students during the university break. Mayor Howes noted that student representatives were heavily involved in the drafting of the proposed ordinance amendments. Council Member Brown noted that some students supported lower noise limits.

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO AMEND THE ORDINANCE, LIMITING THE MAXIMUM DECIBEL LEVEL TO SIXTY-FIVE INSTEAD OF SEVENTY DECIBELS.

Town Attorney Karpinos noted that this change could be made by modifying two provisions each on pages six and seven of the draft ordinance.

THE AMENDMENT TO MODIFY THE DECIBEL LIMIT TO SIXTY FIVE DECIBELS WAS PLACED ON THE FLOOR AND ADOPTED BY A VOTE OF 5-2, WITH COUNCIL MEMBERS HERZENBERG AND WERNER VOTING NO.

COUNCIL MEMBER WILKERSON MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO STIPULATE A MINIMUM FORTY-EIGHT HOUR FILING PERIOD AND TWENTY-FOUR HOUR NOTIFICATION PERIOD FOR NOISE PERMITS. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

THE MAIN MOTION, ORDINANCE 1.1 AS AMENDED, WAS PLACED ON THE FLOOR AND APPROVED ON FIRST READING, BY A VOTE OF 5-2, WITH COUNCIL MEMBERS HERZENBERG AND WERNER VOTING NO.

Mayor Howes thanked the members of the Noise Ordinance Monitoring Committee for their work. Council Member Andresen inquired whether the committee had dealt with noise complaints at apartment complexes. Council Member Herzenberg said yes, noting that the majority of noise complaints occurred at apartment complexes.

Item 9 - Community Development Grant Funds

Mr. Horton said that the community development grant program was in the second year of a three year planning cycle. He briefly reviewed the proposed programs and dollar allocations. Mr. Horton noted that the Housing Advisory Board had recommended paying program administrative program costs from the General Fund. Mr. Horton said his recommendation was to use community development funds for this purpose.

COUNCIL MEMBER WILKERSON MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 3. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

(Insert Resolution 3 here)

Item 10 - Nominations and Appointments

All applicants, excluding Martin Rody, who was recently appointed to the Planning Board, were nominated for appointment consideration at the Council's May 28th meeting.

The Council also made the following appointments:

Library Board Zora Rashkis

Virginia Young

Planning Board Donald Shaw

Mary Reeb

The Council also recommended the reappointment of James Mergner to the Orange Water and Sewer Authority Board of Directors and the appointment of Dennis Hobbs and Belinda Wells to the Planning Board.

Item 10.1 - Calling Hearing on Proposed Smoking Ordinance

Town Attorney Karpinos said that an ordinance had been drafted based on smoking ordinances in other communities. Mr. Karpinos said the proposed ordinance would prohibit smoking in a number of places and provide reasonable accommodation for non-smokers. Mayor Howes noted that this evening's resolution would only call a public hearing on the matter. Council Member Andresen said that second-hand smoke was especially bothersome. She inquired how this matter would be addressed and whether adequate time was being provided for the hearing on May 20th. Mayor Howes said that the Council had the option to call another hearing if necessary. Council Member Andresen inquired whether the Council should be taking up the matter at the present time. Mayor Howes noted that there had been relatively discussion in the community to date concerning the proposed ordinance. He said that the hearing would provide a forum for public comment. Mr. Horton noted that this evening's agenda item, contemplating a public hearing, had been mailed to numerous parties in the community.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER WILKERSON, TO ADOPT RESOLUTION 3.1.

Council Member Herzenberg inquired whether readvertisement would be necessary if the scope of the ordinance were expanded by the Council. Mr. Karpinos said no, noting that readvertisement would only be necessary if constitutional matters were involved. He added that a smoking ordinance was a general police power regulation of the Council. Council Member Herzenberg requested that the staff provide the Council with copies of smoking ordinances for the school system, hospital and university. Council Member Andresen asked whether University officials had been contacted about the proposed ordinance. Mayor Howes said that there had been no public reaction to date.

RESOLUTION 3.1 WAS PLACED ON THE FLOOR AND ADOPTED UNANIMOUSLY

(7-0).

(Insert Resolution 3.1 here)

Item 11 - Consent Agenda

COUNCIL MEMBER WILKERSON MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT RESOLUTION 4, ADOPTING THE CONSENT AGENDA AS PRESENTED. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

(Insert Resolution 4, Ordinance 2, Resolutions 5-9,

Ordinance 3 and Resolutions 10-12)

COUNCIL MEMBER WALLACE MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADJOURN THE REGULAR MEETING AND MOVE INTO EXECUTIVE SESSION.

The regular meeting was adjourned at 9:36 p.m.

Item 12 - Executive Session

The Council recessed the executive session at 9:51 p.m. and returned to open session. Mayor Howes asked Town Attorney Karpinos to explain a matter involving defense of a Town employee involved in a vehicle accident. Mr. Karpinos said that Officer Sandra DeWeese was involved in an accident on April 15th and was issued two traffic citations. Mr. Karpinos said he believed that under a policy adopted by the Council in 1985, the Council could consider assisting in the defense of the employee in connection with the citiations.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER WILKERSON, TO ADOPT RESOLUTION 91-5-13/R-13, AUTHORIZING THE TOWN TO ASSIST IN THE DEFENSE OF OFFICER DE WEESE. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

A RESOLUTION REGARDING DEFENSE OF A TOWN EMPLOYEE (91-5-13/R-13)

WHEREAS the Council has reviewed the circumstances of the April 15, 1991 traffic accident involving PSO Sandra DeWeese and considered the recommendation of the Town Manager and the Town Attorney and the Council's resolution 85-R-187.

NOW, THEREFORE, BE IT RESOLVED that the Council authorizes the Town Manager and the Town Attorney to expend up to $1,500 in Town funds, without additional authorization by the Council, to pay any costs incurred by Sandra DeWeese in providing a legal defense to traffic charges entered against her as a result of said accident.

This the 13th day of May, 1991.

The Council returned to executive session at 9:55 p.m. and concluded the session at 10:11 p.m.