MINUTES OF A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA, MONDAY, JANUARY 10, 1994 AT 7:30

 

Mayor Broun called the meeting to order.  Council Members in attendance were Joyce Brown, Joe Capowski, Mark Chilton, Pat Evans, Lee Pavão, Jim Protzman, Barbara Powell and Rosemary Waldorf.  Also in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Planning Director Roger Waldon and Town Attorney Ralph Karpinos. 

 

                       Item 1  Ceremony

 

Bicentennial Committee Co-Chairperson Nancy Preston said the Bicentennial Celebration would continue through April, 1994.  She noted that the dedication of the first Bicentennial Town entranceway marker had occurred in December, 1993.  Ms. Preston stated that three other marker dedications would occur in February and March, 1994.  She stated that the Bicentennial Committee was marketing a variety of products including flags, t-shirts, tote bags and mugs.  Ms. Preston presented small Bicentennial celebration flags to each Council member.

 

Bicentennial Committee Co-Chairperson Betty Caldwell said a book and video about the Town's Bicentennial were in process.  She stated that copies of the video would be distributed to area schools.  She requested the Council's continued support of Bicentennial-related projects.

 

Mayor Broun thanked members of the Bicentennial Committee for their efforts.  Council Member Capowski thanked the Bicentennial Committee for actively marketing its logo.

 

                       Item 3  Petitions

 

Alan Whitaker, President of the Piney Mountain Homeowners Association, said his neighborhood had petitioned the OWASA Board on December 9th to install a sewer pressure line to City of Durham facilities.  Mr. Whitaker said 58 Piney Mountain homeowners would bear all design and installation costs of the line.  He stated that the sewer line was needed to address the public health hazard of failing septic tanks.  Mr. Whitaker said he and his neighbors requested a prompt decision from the Council on their request to connect to the City of Durham system.

 

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO RECEIVE AND REFER THE PETITION TO THE MANAGER.

 

Mayor Broun said it was appropriate that a staff report be prepared on the matter.  Council Member Capowski asked that the staff report contain information on why the Town was involved in the matter and

staff comment on possible additional tap-ons onto the proposed new line.  Council Member Brown requested that the staff report contain information on the number of sewer systems in Orange County similar to the Piney Mountain system.  She also asked for information on water service in the area.  Noting the need for prompt action in the matter, Mayor Broun asked whether it would be possible for staff to report back by January 25th.  Mr. Horton said yes.

 

THE MOTION TO RECEIVE AND REFER WAS ADOPTED UNANIMOUSLY (9-0).

 

Mayor Broun said no action was needed on the OWASA Board's request to send Council representatives to the OWASA retreat.

 

Claire Cooperstein emphasized the importance of preserving and growing trees in the community.  A copy of Ms. Cooperstein's remarks are on file in the Clerk's Office.  Ms. Cooperstein presented Sierra Club bumper stickers to Council Members.

 

Noting that a letter had been received from citizens in the area, Council Member Waldorf said the intersection of Curtis and Elliott Roads was heavily travelled.  Council Member Protzman said the intersection was confusing.

 

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

 

Joyce Tennison, a resident of Southbridge subdivision and parent of a Culbreth Middle School sixth grader, said she was concerned about children's safety in the area and the crossing of a State road.  Ms. Tennison said she had been working with Town engineering staff to address safety concerns about area crosswalks and sidewalks.  She encouraged Council Members to visit the area to evaluate safety problems.

 

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO REFER THE MATTER TO THE MANAGER.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Berkeley Grimball, part-owner of Grimball-Stokes Jewelers, submitted a petition from West Franklin Street merchants requesting conversion of parking lot number 3 to a public parking lot, designation of a pedestrian crossing and the installation of no bicycle signs.  He also said a number of merchants opposed the installation of benches in conjunction with streetscape program pilot project. 

 

Council Member Brown inquired about the merchant's opinion of the proposed timing of the pilot streetscape plan.  Mr. Grimball said the merchants were happy about the proposed timing.  Council Member Powell inquired about the location of the proposed crosswalk.  Mr. Grimball said locating such a crosswalk anywhere in the area would be appreciated by the merchants.  Council Member Waldorf inquired about the process to work through the merchant's concerns.  Mr. Horton said staff had had two meetings with merchants in the proposed pilot area.  He stated that bicycle regulation signs would be installed along the length of Franklin Street.  He added that Department of Transportation permission was needed to paint a pedestrian crosswalk on Franklin Street.  Mr. Horton also said staff was studying possibilities to convert parking lot number three to public parking.  Mayor Broun stated that staff would prepare a report to the Council on the matter. 

 

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

 

Council Member Waldorf requested that the staff investigate a spring youth baseball league for boys between the ages of 13 and 15.  Mayor Broun said he thought this was a good idea.  Council Member Waldorf suggested referring the matter to staff and the Parks and Recreation Commission.  Council Member Powell asked whether Council Member Waldorf was suggesting Town sponsorship of teams.  Council Member Waldorf said she was asking the Manager and Parks and Recreation Commission investigate the possibility of sponsoring a baseball league for boys aged 13 to 15.

 

COUNCIL MEMBER WALDORF MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO REFER THE MATTER TO THE MANAGER AND PARKS AND RECREATION COMMISSION.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Council Member Powell stated that the Council had received numerous letters expressing roadway-related concerns about the proposed new high school on Weaver Dairy Road.   Mr. Horton said these concerns would be considered as part of the special use permit process for the proposed high school.  He stated that communications received were placed in the project's file.

 

Mayor Broun said he had had a useful meeting with University of North Carolina Chancellor Paul Hardin about airport planning concerns.  He said although no long-term commitments had been made, some long-range plans and concepts were in process.  Mayor Broun stated that the Horace Williams memorandum of understanding would not be a subject of discussion in the near future.

 

                Item 4  Boards and Commissions

 

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT RESOLUTION 1 - NOTIFICATION OF BOARD AND COMMISSION TERM EXPIRATIONS.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO NOMINATE ALL APPLICANTS FOR APPOINTMENT CONSIDERATION TO THE CABLE TELEVISION ADVISORY COMMITTEE.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).


Council Member Chilton inquired how many public housing residents currently served on the Housing and Community Development Board.  Mr. Horton said staff would provide follow-up information on this matter.

 

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO NOMINATE ALL APPLICANTS FOR APPOINTMENT CONSIDERATION TO THE HOUSING AND COMMUNITY DEVELOPMENT ADVISORY BOARD.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO NOMINATE ALL APPLICANTS FOR APPOINTMENT CONSIDERATION TO THE HUMAN SERVICES ADVISORY BOARD.  THE MOTION WAS ADOPTED UNANIMOUSLY

(9-0).

 

COUNCIL MEMBER POWELL MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO NOMINATE ALL APPLICANTS FOR APPOINTMENT CONSIDERATION TO THE PARKS AND RECREATION COMMISSION.  THE MOTION WAS ADOPTED UNANIMOUSLY

(9-0).

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO NOMINATE ALL APPLICANTS FOR APPOINTMENT CONSIDERATION TO THE PERSONNEL APPEALS COMMITTEE.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO NOMINATE ALL APPLICANTS FOR APPOINTMENT CONSIDERATION TO THE PLANNING BOARD.

 

Noting that the Council would be reviewing the Planning Board's roles in the near future, Council Member Capowski suggested that the Council review Planning Board applicants in the same manner as Orange Water and Sewer Authority applicants, utilizing a screening committee.  Council Member Evans noted that the Planning Board had performed a screening process of its own when considering past appointment recommendations.

 

THE MOTION TO NOMINATE ALL APPLICANTS WAS ADOPTED UNANIMOUSLY

(9-0).

 

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO NOMINATE COUNCIL MEMBER CHILTON AS THE COUNCIL'S LANDFILL OWNERS' GROUP REPRESENTATIVE.

 

Council Member Capowski said Council Member Chilton had a great deal of interest in solid waste matters.  Council Member Capowski said he believed Council Member Chilton would be a good representative on the Landfill Owners Group.

 

Council Member Brown said in the past the Mayor had served as conduit for Council Member appointments.  She expressed concern that the Mayor had acted as a judge and directed the political appointment process.  Council Member Brown stated that a great deal of power was being given to one person.  She suggested that the Council examine its existing Council Member appointment procedures.  Noting the Council's strong sentiment to appoint Council Member Chilton, Council Member Brown said she would also vote for Council Member Chilton.  Mayor Broun said he believed that he had acted appropriately in the matter.

 

COUNCIL MEMBER CHILTON WAS APPOINTED UNANIMOUSLY TO SERVE AS THE COUNCIL'S REPRESENTATIVE TO THE LANDFILL OWNER'S GROUP (9-0).

 

Noting the importance of the Landfill Owners Group as an appointive body, Council Member Brown asked whether there was any Council interest in expanding the membership of the group.  Mayor Broun suggested that the Landfill Owners Group discuss the matter further.  He said the matter could come back to the Council for further discussion if necessary.  Council Member Waldorf said she thought it might be a good idea to expand membership of the Landfill Owners Group to address what decisions needed to be made any why.  Council Member Chilton said he would be glad to raise the subject of expanded membership at the next Landfill Owners Group meeting.  Mayor Broun said he thought this was the appropriate procedure.  Council Member Protzman said he generally favored smaller groups.

 

         Item 5  OWASA Pump Station Special Use Permit

 

Mr. Waldon presented the staff report and showed the general location of the proposed replacement pump station.  He noted that there were existing residences within several hundred feet of the proposed site.

 

Jonathan Wahl, 915 Emory Drive, said most of his concerns had been satisfactorily addressed in the staff's memorandum.  Mr. Wahl expressed concern that the proposed construction would disturb more area than necessary.  He stated that by moving the building thirty feet, thick vegetation in the area could be left undisturbed.  Mr. Wahl said although he had no objection to the new sewage pump station, he hoped the Town would defend its Resource Conservation District (RCD) regulations.

 

Runyon Woods, a member of the Rainbow Soccer Board of Directors, said the Rainbow Soccer property was leased from the University for $1 per year.  Mr. Woods said Rainbow Soccer practices were held seven months of the year from 4:00 p.m. until dark.  He stated that there were up to 1,200 children on the Rainbow Soccer site most weekends and 600 most weekdays.  Mr. Woods expressed concern that construction traffic in the area would adversely impact the safety of children and others during Rainbow Soccer practices.  He also expressed concern about the possible need for road maintenance resulting from heavy trucks using area roadways.


Council Member Powell inquired whether Mr. Wahl's request to move the pump station thirty feet would mitigate some of Mr. Woods concerns about traffic safety.  Mr. Woods requested that access to the site be prohibited during Rainbow Soccer practices and that OWASA be asked to assume responsibility for roadway maintenance during construction of the pump station.

 

Dusty Butler, an area property owner, expressed concern about possible drainage impacts resulting from construction of the proposed pump station.  Mr. Butler said although he did not oppose the proposed project, he did not want to encounter additional sedimentation problems on his lot.

 

Council Member Chilton inquired whether it was possible to make the applicant responsible for maintenance of the Rainbow Soccer access driveway.  Mr. Karpinos inquired about the applicant's opinion in this matter.  John Greene, OWASA project engineer, said OWASA expected the project contractor to restore the roadway to the same condition as at the beginning of the project.  Mr. Greene added that OWASA had no problem with the contractor being responsible for this roadway restoration.  Council Member Capowski asked how long it would take to complete the pump station.  Mr. Greene said about ten months.  Mr. Horton asked whether the project contractor would be responsible for making interim repairs to the Rainbow Soccer access road.  Mr. Greene said this was correct.

 

Council Member Brown inquired about the viability of moving the proposed pump station closer to the present pump station.  Mr. Greene stated that soils in the area would make it necessary to use sheet-piling around the building and tank.  Council Member Protzman asked whether the proposed site was as close as possible to the existing pump station.  Mr. Greene said although he believed this was the case, the situation could be reexamined.  Council Member Capowski asked whether a lot of heavy equipment would be needed to move dirt on the site.  Mr. Greene stated that early moving would only be needed for a short period of time at the beginning of the project. 

 

Council Member Capowski inquired whether site construction access alternatives had been examined.   Mr. Greene said the only alternative was to cross Town open space along Cleland Drive.  Council Member Capowski said this area tended to be very wet.  Mr. Green concurred adding that a lot of stabilization would be needed to use this as an alternate site access.  Council Member Capowski asked whether the use of conveyer belts for handling debris would be eliminated at the new pump station.  Mr. Greene said the conveyer belt would either be covered or debris would be handled inside the new building.

 

Council Member Brown inquired how long it would take to make a reassessment concerning possible relocation of the proposed pump station nearer to the existing station.  Mr. Greene said he did not believe the location could be changed by more than five or ten feet.  Mr. Horton said staff could draft a stipulation requiring that the new building be located as close as possible to the existing structure. 

 

Council Member Evans noted the importance of adjusting the design so that water in area creeks would not cause off-site erosion problems.  Mr. Greene said OWASA staff would revisit this issue.  Council Member Evans asked whether concerns about construction traffic late in the day could be revisited.  Mr. Greene stated that most contractor completed their work by 4:00 p.m. He added restricting the construction access times would likely impact the project cost.  Council Member Evans said that due to safety considerations, construction traffic should not be permitted during soccer activities.  Mr. Greene said it was possible to examine alternate access when soccer activities were underway.  Council Member Chilton suggested that the Council request that the OWASA Board of Directors request that OWASA staff assure that there were no major conflicts between construction and Rainbow Soccer traffic.  Council Member Waldorf stated that heavy trucks should not be permitted in the area after 4:00 p.m.  Mr. Horton suggested language to address heavy truck concerns relative to Rainbow Soccer activities.  He also suggested language concerning the siting of the new facility as close as possible to the existing building.

 

Council Member Capowski said he favored the handling of debris in an enclosed structure.  Council Member Powell inquired how the Council would know that efforts were made to site the two buildings as close as possible together.  Mr. Horton said he would take care to make sure that the buildings were located as close as possible together.  Council Member Capowski inquired about Mr. Butler's concerns relative to erosion resulting from site construction.  Mr. Greene stated that the Division of Environmental Management needed to review the site plan and make site visits.  He added that it was very unlikely that the pump station project would impact Mr. Butler's property.

 

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PAVÃO TO CLOSE THE PUBLIC HEARING.  THE MOTION WAS ADOPTED UNANIMOUSLY

(9-0).

 

Noting the desire of Council Members, Mr. Horton said staff could add a condition of approval requiring that the station's debris conveyer belt be operated inside the new pump station facility.  Mayor Broun asked whether this would be acceptable to the applicant.  Mr. Greene said yes.

 

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO ADOPT RESOLUTION 2A, AS AMENDED.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).


A RESOLUTION APPROVING A SPECIAL USE PERMIT APPLICATION FOR A REPLACEMENT PUMP STATION FOR THE ORANGE WATER AND SEWER AUTHORITY (File No. 52..7A) (94-1-10/R-2a)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the replacement sewage pump station, proposed on property located near the confluence of Bolin Creek and Booker Creek in the Glen Lennox/Oaks neighborhood, if developed according to the site plan dated, October 6 1993 would:

 

1.   Be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;

 

2.   Comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Articles 12, 13, and 14, and with all other applicable regulations;

 

3.   Be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property, or be a public necessity; and

 

4.   Conform with the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.

 

These findings are conditioned on the following:

 

           Stipulations Specific to the Development

 

1.   A.That construction begin by January 10, 1996 and be completed by January 10, 1997.

 

     B.   That access to the site be via the existing access drive by the Rainbow Soccer Fields and that no new access via Cleland Drive be provided.

 

2.   Required Improvements (specific to the proposed development):

 

     A.   That the applicant be required to provide a fire hydrant within 500 feet of the subject property, the location of which is to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

 

  Stipulations Related to the Resource Conservation District

 

3.   Boundaries:  That the boundaries of the Resource Conservation District be shown on the final plat and final plans with a note indicating that "Development shall be restricted within the Resource Conservation District in accordance with the Development Ordinance."

 

4.   Variances:  That all variances necessary for development within the Resource Conservation District be obtained before application for final plat or final plan approval.

 

Stipulations Related to State and Federal Government Approvals

 

5.   State or Federal approval(s):  That any required State or Federal permits or encroachment agreements be approved and copies of the approved permits and agreements be submitted to the Town of Chapel Hill prior to the issuance of a Zoning Compliance Permit.

 

          Stipulations Related to Landscape Elements

 

6.   Landscape Protection Plan:  That a Landscape Protection Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

 

7.   Landscaping and Buffer Plans:  That a detailed landscape plan and landscape maintenance schedule be approved by the Appearance Commission and the Town Manager prior to the issuance of a Zoning Compliance Permit. The detailed landscape plan shall incorporate adjustments to the route of the new force mains and gas lines to minimize additional clearing of existing vegetation. The detailed landscape plan shall include the following standard buffers:

 

     -    Type C buffers (minimum 20 feet wide) along all property lines.

 

     The detailed landscape plan shall include improving and landscaping the area of the subject property, which contains the existing pump station and associated equipment, upon completion of the replacement pump station and demolition of the existing pump station, to comply with the standard landscaped buffer requirement for that property line.

 

     If the applicant proposes alternate buffers along any property line (or portion thereof), the alternate buffer plans must be reviewed and approved by the Appearance Commission prior to issuance of a Zoning Compliance Permit.

 

          Stipulation Related to Building Elevations

 

8.   Building Elevation Approval for Special Use Permit applications:  That detailed building elevations be approved by the Appearance Commission prior to issuance of the Zoning Compliance Permit.


   Stipulations Related to Water, Sewer and other Utilities

 

9.   Fire Flow:  That a fire flow report prepared by a registered professional engineer, showing that flows meet the minimum requirements of the Design Manual, be approved prior to issuance of a Zoning Compliance Permit.

 

10.  Utility/Lighting Plan Approval:  That the final utility/lighting plan be approved by Duke Power, Public Service Company, Southern Bell, and the Town Manager, prior to issuance of a Zoning Compliance Permit.  The property owner shall be responsible for assuring these utilities are extended to serve the development.

 

                  Miscellaneous Stipulations

 

11.  Solid Waste Management Plan:  That a detailed solid waste management plan, including a recycling plan and plan for management of construction debris, be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

 

12.  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 before issuance of Zoning Compliance Permit or application for final plat approval, and that such plans conform to plans approved by this application and demonstrate compliance with all applicable conditions and the design standards of the Development Ordinance and the Design Manual.

 

13.  Certificates of Occupancy:  That no Certificates of Occupancy be issued until all required public improvements are completed; and that a note to this effect shall be placed on the final plat.

 

     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.

 

14.  Erosion Control:  That a soil erosion and sedimentation control plan be approved by the Orange County Erosion Control Officer before issuance of a Zoning Compliance Permit.

 

15.  Silt Control:  That the applicant take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.

 

16.  Construction Traffic:  That construction traffic during the period of construction of the new facility be limited such that no construction vehicles enter or exit the site via Rainbow Soccer Drive later than 4:00 on Monday through Thursday, and are prohibited from entering the site on weekends except in case of emergency or when the soccer fields are not in use.

 

17.  Access Road:  That the applicant maintain the condition of the access road in its current condition, during construction and at the completion of the construction project.

 

18.  Conveyor Belt Location:  That the outdoor conveyor belt presently handling debris on the site be relocated with the new facility such that it operates within an enclosed structure.

 

19.  Facility Location:  That the new facility be located as close as possible to the present building on the site.

 

20.  Continued Validity:  That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.

 

21.  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 the OWASA Pump Station Special Use Permit in accordance with the plans and conditions listed above.

 

This the 10th day of January, 1994.

 

 

             Item 6  Development Review Procedures

 

Planning Director Roger Waldon presented a brief overview of the three resolutions before the Council this evening.  He stated that staff suggested holding a public hearing on a proposal to create an interim subdivision category.  He added that the possibility of holding joint meetings of advisory boards for development projects had also been suggested.  Mr. Waldon said staff recommended adoption of all three resolutions before the Council.

 

Noting the importance of creating more affordable housing opportunities within the Town, Council Member Brown said she thought it was premature to proceed with the proposals at the present time.  She stated that the concept of encouraging quality growth would be discussed at the Council's retreat on January 15th.  Council Member Brown also said she thought the proposals were premature until more was known about future county-wide planning.

 

Noting that the Design Review Board was also examining possible changes in the development review process, Council Member Evans said she believed that some changes in the process were long overdue.  Council Member Evans said she did not think the proposed changes would impact the suggestions raised by Council Member Brown.

 

Council Member Capowski said the proposed goals were excellent ones which would bring down development costs and lessen the number of steps in the development review process while maintaining the quality of reviews.  He noted that there was no reference in the proposed resolution to joint meetings.  Mr. Horton said it would be reasonable for the Council to consider this matter.  Noting that some subdivisions had greater impact and import to the community than others, Council Member Capowski inquired whether there was

any legally defensible way to handle this situation.  Mr. Horton said the setting of some carefully established arbitrary boundaries was legally permissible.   Noting the concerns she had previously stated, Council Member Brown said she was inclined not to proceed with the proposed changes.  Council Member Waldorf said although she agreed with the need for county-wide planning, this was not in conflict with proposed changes in the Town's development process.

 

Council Member Waldorf said one of the Design Review Board's goals was to strive for better quality projects. 

 

COUNCIL MEMBER WALDORF MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT RESOLUTION 3, ADDING LANGUAGE CONCERNING DESIGN REVIEW BOARD AND OTHER ADVISORY BOARD RECOMMENDATIONS.

 

Mayor Broun suggested that the Council add the topic of changing thresholds for special use permits as a public hearing topic. 

 

THE MOTIONER AND SECONDER CONCURRED WITH THE PROPOSED FRIENDLY AMENDMENT.  RESOLUTION 3, AS AMENDED, WAS ADOPTED BY A VOTE OF

8-1, WITH COUNCIL MEMBER BROWN VOTING NO.

 

A RESOLUTION SCHEDULING PUBLIC HEARINGS FOR JUNE 20, 1994

(94-1-10/R-3)

 

WHEREAS the Council wishes to consider changes to Chapel Hill's Development Review system which would streamline processing of development applications; and

 

WHEREAS the Town Manager, in a memorandum dated January 10, 1994, outlines a series of ideas to so adjust procedures;

 

NOW, THEREFORE, BE IT RESOLVED that the Council of the Town of Chapel Hill calls for a series of Public Hearings to consider changes to the Chapel Hill Development Ordinance as follows, and as described in the aforementioned memorandum:

 

-    Create a New Category of Subdivision (Between 4 and 25 lots to be approved by the Planning Board).

 

-    Eliminate Mandatory Appearance Commission Review for building elevations for Special Use Permits.

 

-    Change Mandatory Recommendation of Parks and Recreation Commission to Planning Board for subdivisions (Change to allow comments directly to the Council).

 

-    Flexibility for the Council to Replace Expired Time Limits (Change to allow the Council to review expired dates without other board review and Public Hearing).

 

-    Change Planning Board Time Limits (Reduce currently - allowed 35 days to make recommendation).

 

-    Change Requirement for Council Site Plan Review (Change to allow Planning Board approval).

 

-    Change the Threshold for Defining Special Use Permits.

 

BE IT FURTHER RESOLVED that these hearings be scheduled for June 20, 1994, in the Chapel Hill Municipal Building Council Chamber, beginning at 7:30 pm.

 

BE IT FURTHER RESOLVED that, at these hearings, the Council shall also hear and consider recommendations of the Design Review Board and other Advisory Boards about the development review process.

 

This the 10th day of January, 1994.

 

Council Member Protzman inquired about the impacts triggered by adopting Resolution 4.1 concerning submittal of traffic impact statements.  Mr. Waldon said planning staff would continue to request very basic traffic-related information for moderately-sized subdivisions.  Mayor Broun inquired about the potential benefits of the proposed resolution.  Mr. Waldon stated that traffic impact statements would be required for the vast majority of developments.  Mr. Waldon said staff believed that traffic information was especially critical for major projects.  He added that more rigorous transit-related requirements were not necessary for small subdivisions.

 

Council Member Protzman inquired about the 25-lot trigger for intermediate-sized subdivisions.  Mr. Waldon said staff had attempted to establish a logical cutoff for demarcating intermediate-sized subdivisions.  Council Member Capowski asked whether only residential development would be impacted.  Mr. Waldon stated that non-residential projects involving site plan reviews and commercial subdivisions would also be affected by the proposed new criteria.  Council Member Capowski stated that a subdivision of twenty-five commercial buildings could generate a lot of traffic.  Mr. Waldon said this was correct.  He noted that the proposed changes were primarily aimed at residential subdivisions.

 

COUNCIL MEMBER  CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO ADOPT RESOLUTION 4.1.  THE MOTION WAS ADOPTED BY A VOTE OF 8-1, WITH COUNCIL MEMBER BROWN VOTING NO.

 

A RESOLUTION DIRECTING THE TOWN MANAGER TO ADJUST DEVELOPMENT APPLICATION SUBMITTAL REQUIREMENTS (94-1-10/R-4.1)

 

WHEREAS the Council wishes to consider changes to Chapel Hill's Development Review system which would streamline processing of development applications; and

 

WHEREAS the Town Manager, in a memorandum dated January 10, 1994, outlines a series of ideas to so adjust procedures;

 

NOW, THEREFORE, BE IT RESOLVED that the Council of the Town of Chapel Hill calls a Public Hearing to consider adjusting development application submittal requirements, such hearing to be held on June 20, 1994, in the Chapel Hill Municipal Building Council Chamber, beginning at 7:30 p.m.

 

This the 10th day of January, 1994.

 

Mayor Broun stated that adoption of Resolution 4.2 would establish a Committee to review the roles of development-related advisory boards.  He inquired whether any Council Member wished to serve on the committee.  Council Member Chilton suggested tabling the matter until January 25th.

 

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO TABLE CONSIDERATION OF RESOLUTION 4.2 TO JANUARY 25TH.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Mayor Broun requested that interested Council Members contact him to make their interest known.

 

             Item 7  Requests for Expedited Review

 

Planning Director Roger Waldon briefly reviewed all three requests for expedited processing from WUNC, the Orange County Human Services Center and Chapel Hill North.  Mr. Waldon said adoption of Resolutions 5 and 6, approving the expedited review requests for the WUNC tower and the Southern Human Services Center was recommended.  Stating that no application for modification of the special use permit had been received and no significant public purpose would be served, Mr. Waldon said approval of the Chapel Hill North expedited review request was not recommended.


Ron Strom, Managing General Partner for Chapel Hill North, said his request involved a matter of fairness in public policy.  Mr. Strom stated that an unsuccessful suit brought against his approved development should not be allowed to cause his permit to expire.  He requested that the Council grant his request for extension of the time limit for the Chapel Hill North Special Use Permit.

 

Council Member Protzman said he was sympathetic to the Chapel Hill North situation.  Council Member Protzman noted that as a business person he had supported Chapel Hill North's special use permit request three years ago.  Council Member Protzman said he supported granting all three or none of the expedited review requests.

 

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT RESOLUTION 5.

 

Mayor Broun noted the need to examine all three requests on their own merits.

 

RESOLUTION 5 WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION DIRECTING EXPEDITED PROCESSING IN THE REVIEW OF THE APPLICATION FOR A SPECIAL USE PERMIT FOR THE WUNC RADIO STATION AND TRANSMITTING TOWER (94-1-10/R-5)

 

WHEREAS, the Town of Chapel Hill has received a request from the County for expedited review of the application for a Special Use Permit for the WUNC radio station and transmitting tower; and

 

WHEREAS,  the WUNC radio station and transmitting tower are public facilities which will serve the interests of the community at large; and

 

WHEREAS, the Town desires to work with the University to provide adequate facilities in a timely manner;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is directed to expedite processing of the Special Use Permit application of the University for the proposed WUNC radio station and transmitting tower in a manner that will speed review without sacrificing breadth or depth of analysis.

 

This the 10th day of January, 1994.

 

Noting that until recently he had served as the Council's liaison to the Design Review Board, Council Member Capowski said he was interested that the Board had not reviewed the Orange County Human Services building application.  Council Member Capowski said he was sympathetic about what constituted a public purpose.  Mayor Broun stated that Orange County was relying on the center being

constructed as soon as possible to expedite the delivery of human services in the southern portion of the County.

 

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT RESOLUTION 6.

 

Council Member Evans said the Center had received a courtesy review by the Design Review Board.  She stated that the only comments related to parking.

 

RESOLUTION 6 WAS ADOPTED BY A VOTE OF 8-1, WITH COUNCIL MEMBER CAPOWSKI VOTING NO.

 

A RESOLUTION DIRECTING EXPEDITED PROCESSING IN THE REVIEW OF THE APPLICATION FOR A SPECIAL USE PERMIT FOR THE ORANGE COUNTY SOUTHERN HUMAN SERVICES CENTER (94-1-10/R-6)

 

WHEREAS, the Town of Chapel Hill has received a request from the County for expedited review of the application for a Special Use Permit for the Southern Human Services Center on Homestead Road; and

 

WHEREAS,  the Southern Human Services Center is an essential public facility which will serve the interests of the community at large; and

 

WHEREAS, the Town desires to work with the County to provide adequate facilities in a timely manner;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is directed to expedite processing of the Special Use Permit application of Orange County for the proposed Southern Human Service Center in a manner that will speed review without sacrificing breadth or depth of analysis.

 

This the 10th day of January, 1994.

 

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT RESOLUTION 7A.

 

Council Member Protzman said it would be ironic to approve the expedited review request for the WUNC tower, the fundraising for which Mr. Strom led, while it would be grossly inequitable to deny Chapel Hill North's request.  Council Member Evans asked whether there was any other way to address the applicant's timeline concerns.  Mr. Horton said there was some uncertainty in this regard since the developer had not yet submitted the necessary materials for staff review.  Council Member Capowski asked whether Town Attorney Karpinos agreed that the lawsuit against the applicant prevented timely development of the property.  Mr. Karpinos said this question did not necessarily call for a legal

 

answer.  He stated that the lawsuit possibly made it more difficult to make the necessary financial arrangements for the project. 

 

Noting that conditions in the Timberlyne area had changed since the original Chapel Hill North special use permit approval, Council Member Capowski said he was not in favor of not reviewing transportation impacts of the project.  Mayor Broun said the situation was a difficult one because although the applicant had made good faith efforts, granting the applicant's request might make it necessary to delay review of other development proposals.

Council Member Protzman stated that commerce was part of the public interest.  Mayor Broun stated that the question was whether the situation was sufficiently unique to warrant approval of the applicant's request.  Council Member Waldorf inquired about other alternatives available to the applicant.  Mr. Horton said it would be necessary to amend the Town's Development Ordinance. 

 

Stating that the applicant had made good faith efforts, Council Member Powell said she favored an approach whereby the applicant would not have to restart the review process.  Council Member Brown expressed concern about setting a precedent in granting the applicant's request for an exception.  She also encouraged Council Members to think about applicants already in the Town's development review process.  Citing the Mayor's earlier remarks, Mr. Horton noted that the Council could identify a specific class which distinguished the applicant's project from others.  Mayor Broun suggested that the pending lawsuits regarding the application might satisfy the need for a specific criteria.

 

Noting that he thought the establishment of criteria was informal, Council Member Protzman said the issue was one of equity rather than establishing criteria.  Council Member Brown said she was especially concerned about providing equity to applications already in the review process.  Mr. Waldon noted that although the March, April and May public hearings were full, only two items were scheduled for the February hearing.  He added that one option was to delay consideration of a text amendment to possibly accommodate a hearing concerning the Chapel Hill North special use permit modification.  Council Member Waldorf inquired about the extent of staff and advisory board review of the project.  Mr. Horton said staff had an obligation to examine whether any of the special use permit conditions had changed.  Mr. Horton added that it was likely that citizens would address the Council on issues of specific concern.

 

Council Member Chilton inquired whether the applicant could apply for a zoning compliance permit.  Mr. Horton said this was correct.

Council Member Chilton asked whether it was possible to expedite the zoning compliance permit process.  Mr. Horton said this was not presently possible since the applicant had not submitted the necessary materials for staff review.  Mr. Waldon said staff would work with the applicant to meet deadlines if and when the materials were submitted.  Council Member Chilton inquired about the applicant's deadline.  Mr. Waldon said it was April 22nd.

 

COUNCIL MEMBER CHILTON CALLED THE QUESTION ON RESOLUTION 7A.

 

Council Member Capowski said he would vote against Resolution 7a because court delays were the primary event triggering the need for extension of the special use permit.  Council Member Pavão expressed his concurrence noting that the applicant had acted in good faith.

 

THE MOTION TO ADOPT RESOLUTION 7A FAILED BY A VOTE OF 2-7, WITH COUNCIL MEMBERS BROWN AND CHILTON VOTING AYE.

 

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT RESOLUTION 7B, EXTENDING THE PROJECT REVIEW TO INCLUDE THE TRANSPORTATION BOARD AND DELETING THE PROPOSED FEE WAIVER.

 

Town Attorney Karpinos suggested that compelling reasons for granting the exemption be added to point number one of Resolution 7b.  Council Member Chilton inquired whether it was the staff's interpretation that another application would be bumped to accommodate the Chapel Hill North request.  Mr. Horton said it was very difficult to say which applications or types of applications might be impacted.  Council Member Chilton said it was incumbent upon the Council to stay a little later one night to hold an additional hearing.  Mayor Broun suggested that a text amendment might be delayed.  Stating that the applicant has the option of attaining a zoning compliance permit, Council Member Chilton said he would vote against the applicant's request.  Council Member Brown said approval of the applicant's request could set a bad precedent.  Noting that a matter of equity was involved, Council Member Brown said she would vote against the proposed resolution.

 

RESOLUTION 7B WAS ADOPTED AS AMENDED BY A VOTE OF 7-2, WITH COUNCIL MEMBERS BROWN AND CHILTON VOTING NO.

 

                                                  RESOLUTION B

                                         (Applicant's Request)

 

A RESOLUTION REGARDING THE REVIEW AND PROCESSING OF THE CHAPEL HILL NORTH SPECIAL USE PERMIT MODIFICATION APPLICATION (SUP-MOD 17-10) (94-1-10/R-7b)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill, having reviewed and considered the memorandum dated November 22, 1993, outlining five requests from Mr. Ron Strom regarding the review and processing of the Chapel Hill North Special Use Permit Modification application; and having reviewed applicable sections of the Chapel Hill Development Ordinance; finds that:

 

     1)The developer has presented compelling reasons due to the effect of delay caused by an unsuccessful lawsuit for the Council to grant expedited review status to the application to be submitted;

 

     2)The review should be limited to Town staff, Planning Board, Transportation Board and Town Council; and

 

     3)The request to amend the Special Use Permit stipulation regarding construction deadlines, as they relate to the resolution of future lawsuits and appeals, warrants further consideration.

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is directed to review and process the Chapel Hill North Special Use Permit Modification application in a manner which will speed review, with advisory board review limited to the Planning Board and Transportation Board.

 

This the 10th day of January, 1994.

 

Council Member Capowski suggested that the Council formalize its definition of expedited processing as soon as possible.  He stated that requests for expedited review would become more difficult to make without having specific criteria in place.  Mr. Horton said staff could outline options for Council consideration.  Council Member Waldorf noted that it would not be possible to expedite any additional applications in the near future given the current public hearings schedule.  Council Member Brown inquired how much staff time would be involved and the possible outcomes.  Mr. Horton estimated that eight hours of staff time would be needed.  He added that all of the options would be available for the Council's consideration.  Council Member Brown said she was comfortable with the way things were.  Council Member Protzman said the topic might be discussed further at the Council's retreat.  Council Member Capowski suggested that options might be discussed by the committee reviewing development-related boards and commissions.

 

           Item 8  Police Computer Search Committee

 

Committee member John Oberlin briefly outlined the report's recommendations.  He stated that following the review of several vendor solutions, the Committee recommended that the Town purchase a turnkey computer system and hire an employee dedicated to running and managing the system.  Mr. Oberlin added that there would be continuing costs for system upgrades and other needs.  Mayor Broun asked whether the Committee was requesting that its report be referred to staff for review.  Council Member Capowski said this was correct.  Mr. Horton noted that the Council had provided $50,000 seed money for the police computer project.  Council Member Capowski expressed appreciation to Police Administrative Analyst Jane Cousins and Police Captain Gregg Jarvies for their support of the Police Computer Search Committee.  Mayor Broun noted that Council Member Capowski had significantly contributed to the committee's efforts in his role as Committee chairperson, and he introduced other members of the committee who were present.

 

COUNCIL MEMBER WALDORF MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 8.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION EXPRESSING GRATITUDE TO THE MEMBERS OF THE POLICE COMPUTER SEARCH COMMITTEE AND REFERRING THE REPORT TO THE MANAGER FOR A FOLLOW-UP REPORT WITH COMMENT AND AN IMPLEMENTATION PLAN

(94-1-10/R-8)

 

WHEREAS, on May 22, 1993 the Town Council appointed a committee, chaired by Council Member Capowski, to assist the Police Department in the purchase of a computerized, record-keeping system; and

 

WHEREAS, the charge to the committee was to assist the Police Department in identifying the department's automation needs, and recommending a system to best meet these needs; and

 

WHEREAS the Committee members are:

 

     Evelyn Daniel      UNC School of Information and Library Science

     Erwin Danziger     Retired

     Bill Davis         UNC Department of Medicine

     Joel Dunn          UNC Administrative Data Processing

     Bill Groves        UNC Office of Information Technology

     John Hammond       UNC Department of Pathology

     Bill Howell        UNC Department of Computer Science

     Judy Kovenock      UNC Carolina Population Center

     Pat Mullin         UNC Davis Library

     John Oberlin       UNC Office of Information Technology

     Roscoe Reeve       Orange County Land Records Office

     Bob Schreiner      UNC School of Public Health; and

 

WHEREAS, the committee met from May to December, 1993; and

 

WHEREAS, the committee has reported its recommendations to the Town Council on this date;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council expresses its gratitude to the members of the

 

Police Computer Committee for their dedication and service to the Town of Chapel Hill.

 

BE IT FURTHER RESOLVED that the report is referred to the manager for comment and an implementation plan.

 

This the 10th day of January, 1994


                    Item 9  Consent Agenda

 

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER WALDORF, TO ADOPT THE CONSENT AGENDA (RESOLUTION 9) AS PRESENTED.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS (94-1-10/R-9)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the following resolutions as submitted by the Town Manager in regard to the following:

 

          a.   Minutes of November 22 and December 7.

          b.   Change orders to new public housing construction contract (R-10).

          c.   Renewal of water supply emergency mutual aid agreement (R-11).

          d.   Adjustment to boundary of Town-owned recreation area in Culbreth Park subdivision (R-12).

 

This the 10th day of January, 1994.

 

 

A RESOLUTION AUTHORIZING THE MANAGER TO EXECUTE CHANGE ORDERS IN THE AMOUNT OF $11,443 TO DTH CONSTRUCTION COMPANY, INC. FOR THE NEW PUBLIC HOUSING UNITS (94-1-10/R-10)

 

WHEREAS, the original contract amount was $1,274,850 and the Town has approved change orders in the amount of $272,243; and

 

WHEREAS, the Council has established a policy for approving change orders for construction contracts which exceed the limit of $50,000,

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manger to execute change orders with DTH Construction Company, Incorporated in the amount of $11,443 for the new public housing construction, as listed below and discussed in the Town Manager's report of January 10, 1994.

 

     52. Install additional sidewalks           $   485.00   

     53. Remove rocks and unsuitable soil       $10,958.00

 

This the 10th day of January, 1994.

 

 

A RESOLUTION AUTHORIZING EXECUTION OF AN AMENDED AGREEMENT ON REGIONAL ASSISTANCE ARRANGEMENTS FOR WATER SUPPLY EMERGENCIES

(94-1-10/R-11)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Mayor to sign on behalf of the Town the Triangle J mutual aid agreement regarding water supply emergencies in substantially the form submitted to the Council on January 10, 1994, and including the proposed amendment to extend the agreement for an additional five years.

 

This the 10th day of January, 1994.

 

 

A RESOLUTION AUTHORIZING AN ADJUSTMENT TO THE BOUNDARY OF TOWN- OWNED RECREATION AREA IN CULBRETH PARK SUBDIVISION (94-1-10/R-12)

 

WHEREAS the Town of Chapel Hill owns land in the Culbreth Park Subdivision which is identified on Plat Book 55, Page 62 at the Orange County Register of Deeds; and

 

WHEREAS the subdivision developer, Culbreth Park Community Development Corporation, owns Lot 31 in the subdivision; and

 

WHEREAS the developer proposes an adjustment to the shared boundary between Lot 31 and the Town recreation area which would result in no change to the land area of the Town recreation area or Lot 31;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager and Town Attorney are authorized to proceed with a proposed adjustment to the shared property line may occur in accordance with Recombination Plat prepared by Freehold Land Surveys dated November 8, 1993.

 

This the 10th day of January, 1994.

 

 

There were no comments on information reports and there was no need for an Executive Session.

 

The meeting concluded at 10:34 p.m.