SUMMARY MINUTES OF A REGULAR BUSINESS MEETING

OF THE CHAPEL HILL TOWN COUNCIL

MONDAY, OCTOBER 11, 1999, AT 7:00 P.M.

Mayor Waldorf called the meeting to order at 7:00 p.m. 

Council Members present were Joyce Brown, Flicka Bateman, Joe Capowski, Pat Evans, Kevin Foy, Lee Pavão, and Edith Wiggins. Council Member Julie McClintock was absent, excused.

Staff members present were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Assistant to the Manager Ruffin Hall, Town Attorney Ralph Karpinos, Planning Director Roger Waldon, Fire Chief Dan Jones, Senior Engineering Coordinator Mike Neal, Police Major Gregg Jarvies, Library Director Kathy Thompson, Parks and Recreation Director Kathryn Spatz, Parks and Recreation Administrative Analyst Bill Webster, Solid Waste Director Gayle Wilson, and Acting Town Clerk Toni Pendergraph.

Item 1.  Proclamation regarding Disability Employment Awareness Month

Mayor Waldorf read a proclamation declaring October 1999 as National Disability Employment Awareness Month in Chapel Hill and calling upon citizens to observe it with appropriate programs and activities.

Martha Barbee, Orange County representative to the National Organization on Disability, accepted the proclamation.  Ms. Barbee commented that she was experiencing some sadness because the disabled community has continued to be discriminated against.  She compared the American with Disabilities Act to the Civil Rights Act and remarked that changing the law would not necessarily change people’s hearts.  Ms. Barbee stated that she personally had been discriminated against, first as a black woman and then as one who is “technically blind.” She suggested that members of Town government could benefit from sensitivity training.

Item 2.  Update on Hurricane Floyd Recovery Efforts and

Sister City Proposal  (Mayor Waldorf)

Mayor Waldorf explained that the Mayor of Tarboro, North Carolina had told her that his town had “bounced back” faster than he thought it would after the recent hurricane.  He explained, according to Mayor Waldorf, that other communities in Edgecomb County needed more help than Tarboro.  He described Princeville, Speed, and Kinito as having been particularly devastated.  Mayor Waldorf added that she had also spoken with the Mayor of Speed and had met with FEMA and the State Emergency Response Team.

Mayor Waldorf said that Speed is a town of about 300-400 people, and most have been relocated to a trailer or an apartment.  She suggested that the Town reach out and provide help to that town for one year.  Mayor Waldorf said that Carrboro is interested in helping as well, as is the University.  She suggested offering any help possible and then finding a way to organize volunteers.

Mayor Waldorf asked the Council to endorse authorizing her and the Manager to develop a plan and to arrange for a group to visit Speed and assess how Chapel Hill might help them.  She noted that many in Speed need help understanding how to apply for FEMA grants and how to fill out those applications.

Town Manager Cal Horton added that the Town had received a call from officials in Grifton, in Pitt County, and would be sending two four-person teams of police officers to work for 3-1/2 days each in that town.  He also stated that Chapel Hill’s Fire Chief had been asked to send crews to Dublin County and the community of Northeast.  Mr. Horton said that Chapel Hill had provided bus service to take about 30 volunteers to work in Edgecombe County.  He noted that the Town was continuing to accommodate every request possible, and pointed out that this will be necessary for a long time to come.

Council Member Foy suggested offering the Town’s Planning Department’s expertise as well.  He noted that much hurricane damage could be avoided in the future with better planning and more knowledge of the consequences of bad planning.

Mayor Waldorf agreed, adding that the towns that were devastated would have to rebuild outside the floodway or make state-of-the-art adjustments, such as raised structures, in order to get substantial federal rebuilding assistance.

Council Member Wiggins asked if FEMA officials were aware that speculators had been offering hurricane victims money for their property.  She noted that these speculators would later apply for federal assistance that would be much higher than people are being offered now.  Council Member Wiggins stressed the value of Mayor Waldorf’s suggestion that Chapel Hill help the hurricane victims to understand what they can apply for so they would not become victims of speculators.

Council Member Bateman asked Mr. Horton if Town employees could be given a day off during the week to help in Speed.  Mr. Horton replied that that could be allowed if the Council wished it.  Mayor Waldorf suggested making a motion stating that the Town is committed to providing assistance.  She said the motion should also ask for the Manager’s advice on how Town staff might make a difference, and it should put out a call for volunteers.

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER EVANS, THAT THE TOWN OF CHAPEL HILL MAKE A COMMITMENT TO PROVIDE ASSISTANCE TO THE TOWN OF SPEED, WITH THE MANAGER’S ADVICE ON HOW TO ACCOMPLISH THIS, AND THAT CHAPEL HILL ALSO PUT OUT A CALL FOR VOLUNTEERS.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Item 3.  Public Forum on the Proposed Southern Fire Station

Mayor Waldorf said that she had received a request from a citizen to move Item 15 (consideration of preliminary design approval and authorization for the Manager to proceed with expedited review of the Southern Fire Station) forward on the agenda so that it was discussed right after the public forum.  There was no objection to this adjustment.

Fire Chief Dan Jones opened the public forum by reviewing how the project had started in 1996 with a bond referendum.  He explained that in 1998 the Council had authorized the purchase of an 8.7-acre parcel of land on the southeast corner of Bennett Road and U.S. 15-501.  Chief Jones said that the Council also at that time established the Citizen Fire Station Design Committee to select an architect and begin work on the preliminary design. 

Chief Jones explained that the Design Committee then selected Michael Hining Architects and developed a plan for a 5,600 square-foot building facing Bennett Road with a buffer between the station and the U.S. 15-501 right-of-way.  He said that this plan was presented in September at a community meeting held in Southern Village. 

Chief Jones noted that the design was influenced by several factors: the functional needs of the firefighters; the site; energy efficiency; the relationship between the building and its surrounding neighborhoods; the limitations of the project budget; and, the capacity for expansion of the apparatus bays, dormitories, and public areas.

Chief Jones reported that feedback received during six presentations had been generally favorable. He said that the Transportation Board had suggested a Bennett Road sidewalk, and recommended that the Council consider this suggestion when it reviews Town-wide sidewalk priorities in the spring and allocates funding for the coming year.  Chief Jones added that the Community Design Commission had suggested “texturing,” such as adding two pairs of windows on the long western wall to make it more attractive in the wintertime.

Chief Jones presented the site plan, which included areas reserved to expand and accommodate additional facilities.  He also displayed architectural drawings showing a plan for the building as well as additions recommended by the Citizen Design Committee, such as a storage area, an office, and an exercise room.  Chief Jones noted that these additions would have an impact on the budget. 

Council Member Brown, noting that this was the first building to be built under the new energy ordinance, asked Chief Jones to comment on the energy features.  Chief Jones replied that materials had been chosen for this purpose and that the architectural team had been working with the Solar House in Raleigh to identify alternatives for design and equipment in order to meet those energy efficiency requirements.

Architect Michael Hining added that people at Solar House had commented that the lights inside the building probably would never be turned on during the day.  He noted that the wall system of aerated concrete and the HVAC systems had the highest ratings possible.  Mr. Hining remarked that they had taken every opportunity to try and save energy and stated that  “time will tell” if they had done as well as they believed.

Council Member Foy asked how the proposal to add a police substation would affect the ability of the fire station to expand in the future.  Chief Jones explained that the space designated for a police substation could be made into a community room, and noted that a decision would have to be made regarding that.  Council Member Foy asked if the space could be used for fire station expansion.  Chief Jones indicated two other areas on the map that could be used for fire station expansion, if necessary.

Item 15.  Consideration of Preliminary Design Approval and Authorization

for the Manager to Proceed with Expedited Review of the Zoning Compliance Permit

Process for the Southern Fire Station (R-21) (R-22) (R-22.1)

Mayor Waldorf explained that R-21 would authorize submitting an application to the Planning Board for Site Plan Approval of the Southern Fire Station, including options for a storage space, a fitness room, and a police substation as shown on the Citizens’ Subcommittee Design.

Council Member Evans commented that it was distressing to her that the Town might consider building a fire station which already has shortcomings and encouraged moving ahead aggressively on this resolution.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT  R-21.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION DIRECTING THE MANAGER TO SUBMIT A SITE PLAN APPLICATION TO THE PLANNING BOARD FOR APPROVAL OF THE SITE PLAN OF THE BUDGET BASE PLAN OF THE SOUTHERN FIRE STATION TO BE BUILT ON BENNETT ROAD (99-10-11/R-21)

WHEREAS, the Town Council has, acting as property owner, approved of the Base Fire Station Plan; and

WHEREAS, the Town must seek the approval of the Planning Board for a project Site Plan; and

WHEREAS, the Chapel Hill community is in need of a Fire Station upon this site;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is authorized to prepare necessary documents and submit an application seeking Site Plan Approval from the Chapel Hill Planning Board;

BE IT FURTHER RESOLVED that the Manager’s Site Plan Approval application include a request to permit options in the Site Plan Approval including additional storage space, a fitness room and police substation as shown on the Citizens Fire Station Design Committee’s recommended plan.

This the 11^th day of October, 1999.  

Mayor Waldorf explained that R-22 would authorize the Manager to solicit bids. 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO ADOPT R-22.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION AUTHORIZING THE MANAGER TO DEVELOP AND PROCESS CONSTRUCTION BID DOCUMENTS FOR A SOUTHERN FIRE STATION

(99-10-11/R-22)

WHEREAS, the Town Council has approved a design plan for a Southern Fire Station and directed the Manager to submit the plan for Site Plan l; and

WHEREAS, in 1996 a Public Safety Bond issue was approved by the voters that included authorization for the construction of a fire station; and

WHEREAS, the Chapel Hill community is in need of a fire station in the southern part of the community;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is authorized to advertise for bids for the Southern Fire Station, including the three add-alternates identified in the Citizens Fire Station Design Committee’s recommendation as storage room, fitness room and police substation.

This the 11^th day of October, 1999.

Mayor Waldorf stated that R-22.1 would authorize the Manager to ask for expedited review.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT R-22.1.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION DIRECTING EXPEDITED PROCESSING IN THE REVIEW OF THE ZONING COMPLIANCE PERMIT FOR THE SOUTHERN FIRE STATION ON BENNETT ROAD (99-10-11/R-22.1)

WHEREAS, the Town Council has received a request from the Town Manager for expedited review of the Zoning Compliance Permit for construction of the new Southern Fire Station on Bennett Road; and

WHEREAS, the application is for a public project; and

WHEREAS, the Chapel Hill community is in need of the southern fire station;

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 Zoning Compliance Permit for Southern Fire Station on Bennett Road, in a manner that will speed review without sacrificing breadth or depth of analysis.

This the 11^th day of October, 1999.

Item 4.  Petitions by Citizens and Announcements by Council Members

4a.1.  By the Walks and Bikeways Commission regarding name change.

Evelyn Gordon, Chair of the Walks and Bikeways Commission, requested that the Commission’s name be changed to Bicycle and Pedestrian Advisory Board.  She argued that this would more accurately reflect the Commission’s charge, which is: to promote walking and biking as a transportation option; to advocate services for bicycle commuters; and, to review State and local government policies, regulations, and ordinances pertaining to pedestrian and bicycle needs. 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO ACCEPT AND APPROVE THE NAME CHANGE REQUEST.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

4a.2.  By Rebecca Clark regarding F route in transit system.

Rebecca Clark asked that the F route be put back on the Town’s transit system.  She pointed out that many of the homeowners who had been served by the F route bus are now without transportation.

Essil Hargrave explained that she has no means of transportation without the bus.  Ms. Hargrave added that there are students living in the area who probably would ride that bus as well.

Jennie Chavious added that she missed the bus very much.

Lula Alston said that she lives on Crest Drive and, although she does drive a car, would like the bus stop to be put back on the route for those who do not drive.

Louise McCrimmon said that the bus stop had been the only way she had of getting around.

Rev. Franklin Bowden proposed expanding one of the routes leaving McDougle or Collingwoods.  He noted that there was a two-minute time variance at each of those stops, and outlined a route that would include Crest Drive and add only about two minutes to the schedule.

Council Member Bateman asked Mr. Horton to explain why the bus does not stop there anymore.  Mr. Horton said that it had been identified last year as a low ridership segment and was eliminated, he thought, in the normal course of events by the Transportation Board.  Mr. Horton added that he would check the facts on this. 

Council Member Wiggins asked if the small mini-buses that the Town had purchased would be used in areas such as this where ridership is low.  She noted that the Town should do everything it can to make it possible for people to function without cars.

Ms. Clark stated that it only takes two minutes for the bus to come around her street.  She said she could not understand why low ridership would matter.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, TO RECEIVE AND REFER THIS PETITION TO THE MANAGER.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

4a.3.  By Carole Capper regarding rental housing on Davie Circle.

Mayor Waldorf, noting that Ms. Capper was not present, asked that the staff make sure that Ms. Capper knows that the Town has its rental licensing program under active consideration.

COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO REFER THE PETITION TO THE MANAGER.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

4a. 4.  By Rev. Morris Clark regarding hurricane relief.

Reverend Clark explained that he had grown up in Eastern North Carolina, about twenty miles from Tarboro.  He said that the people of eastern North Carolina are losing their jobs because they have no transportation from the shelters where they are staying to the larger communities, such as Rocky Mount.  He suggested that the Town help them with transportation needs.

Rev. Clark also suggested that the Council use its influence to see that State funds going to the sixty-six counties through the Department of Social Services are channeled to areas that most need support.  He added that the churches are overwhelmed, and said that the Mayor of Tarboro was being unselfish but untruthful when telling Mayor Waldorf that Tarboro had bounced back from the hurricane.

Mayor Waldorf asked Rev. Clark if he would be willing to meet with the Transportation Department to share information about transportation needs.  He agreed, and explained that although the State DOT had offered victims a transit voucher system there were no buses or private companies in the Edgecomb area that could provide those services.  He said that if the Town sent buses it would help a lot with transportation.  Rev. Clark also said that there was a weekly meeting at Union Baptist Church in East Tarboro where all of the groups come together and share human concerns.

Mayor Waldorf said that the Town appreciated Rev. Clark’s first-hand experience and expertise and would like to work with him. 

4a.5.  By Eric Paul for a four-way stop at the intersection of Brookview Drive and Kenmore Road.

Ms. Ruth Whitefield read Mr. Paul’s petition, which expressed concern with safety at the intersection of Brookview Drive and Kenmore Road.  She said that this intersection endangered  lives of motorists and pedestrians, including a large number of walkers, joggers, and bicyclists.  Ms. Whitefied explained that the petitioners were asking that the safety of the intersection be improved by designating it a four-way stop.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO REFER THE PETITION TO THE MANAGER.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Item 4b.  Announcements by Council Members.  (None.)

Item 5.  Consent Agenda:  Action Items (R-2)

Council Member Foy removed h and suggested deferring it to another meeting.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO ADOPT R-2 WITH ITEM h REMOVED.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES

(99-10-11/R-2)

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

This the 11^th day of October, 1999.

A RESOLUTION NOMINATING AN APPLICANT TO THE PARKS AND RECREATION COMMISSION (99-10-11/R-2.1)

WHEREAS, the application for service on an advisory board or commission or other committees listed below has been received; and

WHEREAS, the applicant has 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 name is placed in nomination to serve on an advisory board or commission:

This the 11^th day of October, 1999.

A RESOLUTION AUTHORIZING A $13,000 SECOND MORTGAGE FROM THE HOUSING LOAN TRUST FUND (99-10-11/R-3)

WHEREAS, the Town has made commitments to the promotion of low- and moderate-income housing opportunities, in the form of statements in its Consolidated Plan and Comprehensive Plan; and

WHEREAS, the Town has received a request from EmPOWERment, Inc. for a $13,000 second mortgage from the Town’s Housing Loan Trust Fund for a lower income family to demolish and rebuild a home on Church Street;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council allocates $13,000 from the Housing Loan Trust Fund to EmPOWERment, Inc. for a second mortgage for a lower income household to demolish a home on Church Street and removal of the materials from the property.

BE IT FURTHER RESOLVED that upon sale of the home or transfer of ownership, the amount of the second mortgage ($13,000) plus 14% of any appreciation would be due and payable to the Town.

This the 11^th day of October, 1999.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1999” (99-10-11/O-1)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled “An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 1999” as duly adopted on June 14, 1999, and the same is hereby amended as follows:

ARTICLE I

                                                Current                                                 Revised

APPROPRIATIONS               Budget             Increase           Decrease          Budget

HOUSING LOAN                  199,613           13,000                                     212,613

TRUST FUND

ARTICLE II

                                    Current                                                             Revised

REVENUE                  Budget             Increase           Decrease                      Budget

Fund Balance               182,613           13,000                                                 195,613

This the 11^th day of October, 1999.

A RESOLUTION DECLARING 42 ITEMS OF PERSONAL PROPERTY TO BE SURPLUS AND AUTHORIZING AND DIRECTING THE DISPOSAL OF SAID PROPERTY IN ACCORDANCE WITH STATUTORY REQUIREMENTS (99-10-11/R-4)

WHEREAS, Article 23 of N. C. General Statute 160A and Section 4.16 of the Charter of the Town of Chapel Hill authorizes the town to dispose of surplus property; and

WHEREAS, the Town desires to dispose of certain items of personal property;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the following items of personal property are hereby declared surplus:

ITEMS:            DESCRIPTION                                               VIN #

1992                Chevrolet 4D                                                    3830

1992                Chevrolet 4D                                                    4068

1992                Chevrolet 4D                                                    3956

1992                Chevrolet 4D                                                    3620

1995                Chevrolet 4D                                                    9656

1995                Chevrolet 4D                                                    9480

1995                Chevrolet 4D                                                    9454

1995                Chevrolet 4D                                                    9636

1985                Ford 4D                                                           5377

1993                Chevrolet 4D                                                    8871

1998                Chevrolet 4D                                                    9066

1989                Chevrolet 4D                                                    0546

1988                Thomas Chevrolet (Bookmobile)                      2213

1986                Chevrolet 4D                                                    0062

1989                Ford F-800 Truck                                            1104

1988                Ford F-700 Truck                                            6415

1988                Chevrolet C-2500 Truck                                  6254

1987                Ford F-700 Truck                                            4654

1989                Chevrolet C-2500 Truck                                  4849

1985                Ford F-700 Truck                                            0964

1986                Ford Ranger Truck                                           1079

1991                Chevrolet C-20 Truck                                      8995

1987                Chevrolet 4D                                                    0092

1988                Chevrolet 4D                                                    9478

1990                Ford Van                                                         6032

1983                Plymouth 4D                                                    4977

1993                Chevrolet 4D                                                    9273

1984                Chevrolet C-30 Truck                                      8597

1988                Chevrolet 3500 Truck                                      2544

1994                Chevrolet 4D                                                    0665

1994                Chevrolet 4D                                                    0604

1990                Chevrolet Truck                                               8522

1982                GMC Truck                                                     4242

1986                Ford Truck                                                       8004

1992                Ford Truck                                                       7800

1987                Chevrolet Truck                                               3048

1988                Ford Truck                                                       8504

1991                Ford 4D                                                           6230

1990                Chevrolet 4D                                                    4291

1984                Chevrolet C-20 Truck                                      6091

1981                Case W11 Rubber Tired Loader                      1266

1990                Chevrolet Truck                                               7921

BE IT FURTHER RESOLVED that the Purchasing Agent of the Town of Chapel Hill shall be and is hereby authorized to dispose of this surplus personal property in accordance with statutory requirements.

BE IT FURTHER RESOLVED that the public auction is to take place on Saturday, October 23, 1999, at 10:00 a.m., at the Municipal Operations Facility, 1099 Airport Road

BE IT FURTHER RESOLVED that prior to public auction the Purchasing Agent is authorized to dispose of any of personal property by sale, lease, exchange, sealed bid, or transfer to other governmental units in conformity with N. C. General Statute 160A-274.

BE IT FURTHER RESOLVED that the terms of the sale shall be to the highest bidder for cash or other form of cash equivalent acceptable to the Purchasing Agent.  All sales shall be designated final on the day of the auction.

BE IT FURTHER RESOLVED that all items shall be sold on an “as is” and “where is” basis and the Town makes no guarantee and assumes no responsibility for any of the items.

BE IT FURTHER RESOLVED that it shall be condition of sale that all items purchased shall be picked up and removed from the premises of the Municipal Operations Facility by 3:00 p.m. on the day of the auction.  Successful bidders shall bear the sole risk for loss of any items remaining on said premises past the designated time.

This the 11^th day of October, 1999.

AN ORDINANCE AMENDING THE POSITION CLASSIFICATION AND PAY PLAN DATED NOVEMBER 1, 1999  (99-10-11/O-2)

BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:

Section I

That the Council hereby amends the "Ordinance Establishing a Position Classification and Pay Plan and Longevity Plan for Employees of the Town of Chapel Hill and Bonds of Officials beginning July 1, 1999 (99-6-14/O-8) and beginning November 1, 1999  (99-6-14/O-9) as follows:

In Section IV, part C, in the Library, delete the line

                                                                        Full-time                       Part-time              Grade No.

                                                                        #          hrs.                   #          hrs.      

Library Assistant III/ Outreach Specialist           3          37.5                 -           -                       16

              and add the line

Library Assistant III/ Outreach Specialist           2          37.5                 2          20                    16

Section II

This Ordinance is effective upon adoption.

This the 11^th day of October, 1999.

A RESOLUTION REGARDING THE SUPPLEMENTAL PUBLIC ACCESS RATE FOR CABLE TELEVISION IN CHAPEL HILL (99-10-11/R- 5)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council calls a public forum on October 27, 1999, to receive comments on whether the supplemental public access rate should be adjusted for inflation, continued at the present rate of 67 cents per month, reduced or eliminated.

This the 11^th day of October, 1999. 

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE A DEED OF EASEMENT ON TOWN PROPERTY TO ORANGE WATER AND SEWER AUTHORITY FOR IMPROVEMENTS TO THE COUNTRYSIDE PUMP STATION FACILITY (99-10-11/R-6)

WHEREAS, the Orange Water and Sewer Authority (O.W.A.S.A.) has determined that certain improvements are necessary to ensure adequate service at the Countryside Pump Station Facility; and

WHEREAS, the proposed improvements will require acquisition of an easement on Town open space property adjacent to the existing pump station facility; and

WHEREAS, the Chapel Hill Town Council wishes to have the pump station improvements completed as quickly as possible;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to execute a deed of easement on Town property to O.W.A.S.A. for installation of the proposed improvements to the Countryside Pump Station Facility.

This the 11^th day of October, 1999.

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE A “DESIGNATION OF APPLICANT’S AGENT” REQUIRED FOR APPLICATION FOR FEDERAL EMERGENCY MANAGEMENT AGENCY FUNDS (99-10-11/R-8)

WHEREAS, the Federal Emergency Management Agency (FEMA) has funds available for costs related to damage from natural disasters; and

WHEREAS, the Town of Chapel Hill incurred damage from Hurricane Floyd on September 16, 1999, and

WHEREAS, FEMA requires that any locality seeking intergovernmental assistance must authorize its agent to sign the attached “Designation of Applicant’s Agent”;

NOW, THEREFORE, BE IT RESOLVED that the Town Council authorizes the Town Manager to execute the “Designation of Applicant’s Agent” agreement for the purpose of applying for FEMA funds related to Hurricane Floyd.

This the 11^th day of October, 1999.

A RESOLUTION AGREEING TO CO-SPONSOR AN INFORMATIONAL WORKSHOP REGARDING THE PROPOSED SOUTH COLUMBIA STREET IMPROVEMENT PROJECT (99-10-11/R-8.1)

WHEREAS, the Town has requested and the State has allocated funds for an improvement project on South Columbia Street between Manning Drive and Purefoy Road; and

WHEREAS, the State has scheduled an informational workshop regarding said improvement project and has expressed its desire to have the Town co-sponsor the workshop; and

WHEREAS, the Town wishes to be closely involved in all decisions regarding the improvements proposed for South Columbia Street.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council agrees to co-sponsor an informational workshop regarding the proposed South Columbia Street Improvement Project.

BE IT FURTHER RESOLVED that the Council directs the Manager to assist the State in preparing for the workshop to the extent possible with available resources.

This the 11^th day of October, 1999.

Item 6.  Information Reports

Item 6a.  Report from the Triangle J Council of Governments Board of Delegates. 

No discussion.

Item 7.  Consideration of a Resolution Calling a Public Hearing on Proposed Amendments

to the Town’s Soil Erosion and Sedimentation Control Ordinance (R-9)

Mr. Horton suggested holding the hearing for public comment on the proposed amendments on November 15th.

Council Member Brown asked Mr. Horton to clarify what is meant by “Soil Erosion Sedimentation Plan,” on page four, and to explain the extent of the area that would be covered for any one development by a plan.  Engineering Coordinator Mike Neal replied that the Plan would mitigate soil erosion entirely on the applicant’s site and on land that they have control over.

Council Member Brown noted that some citizens, such as those in the Lake Ellen community, have soil erosion problems as a result of development elsewhere.  She asked if this ordinance would address situations such as those.  Mr. Neal replied that it would address those problems to some extent because it would contain all the sedimentation on the site where the construction activity is taking place.

Mayor pro tem Capowski remarked that he had recently seen a mud flow which had come from The Estates’ detention pond and entered the backyard of what he believed to be the Andrews property.  He said that he wondered if that system had been designed or constructed poorly, and asked if the Town’s Engineering Department ever advises developers that a stormwater system will not work for a particular site.  Mayor pro tem Capowski also explained that a cut had been made into one of the sides of The Estates’ detention pond in order to mitigate and direct some of the water into a currently unused parcel of land.  He asked if that meant that the land would not now be used for anything else.  Mayor pro tem Capowski asked Mr. Neal to provide answers to these questions before the public forum.  Mr. Neal agreed to do so.

Council Member Foy asked if State law had changed anything this session other than the dollar penalty that could be imposed.  Mr. Neal replied that there had been some changes in the Mining and Dredging Act for things like de-watering.  He stated that the changes were not applicable to Chapel Hill, but were more specific to mining, dredging and de-watering regulations.

Town Attorney Ralph Karpinos added that there also had been a minor adjustment in a local bill which gives the Town a little more flexibility to consider factors in issuing permits.  He said, though, that it did not make a substantial difference.

COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO CALL A PUBLIC HEARING ON NOVEMBER 15^TH (R-9).  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION CALLING A PUBLIC HEARING ON POTENTIAL CHANGES TO THE CHAPEL HILL SOIL EROSION AND SEDIMENTATION CONTROL ORDINANCE (99-10-11/R-9)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council herewith calls a Public Hearing on November 15, 1999, to receive comments regarding proposed changes to the Chapel Hill Soil Erosion and Sedimentation Control Ordinance.

This the 11^th day of October, 1999.

Continuation of October 11th Regular Business Meeting

Item 8.  Discussion on Mixed Use Housing Proposals (R-10)

Mr. Horton explained that this was additional information supplied in response to the Council’s April 1999 request.  He said that the Council had asked the Manager for concrete suggestions and proposals of ordinance revisions to achieve goals.

Duke Power Company District Manager Scott Gardner, representing the Chapel Hill-Carrboro Chamber of Commerce, asked the Council to wait until after discussion of the Comprehensive Plan to take action on this item.

Council Member Brown stated she would like to send R-10 back to the staff and ask them to bring a proposed ordinance to the Council by the end of the year which would require a mixture of housing types and sizes and establish a ratio of such to accommodate low to moderate incomes, and higher income levels, within new developments.

Council Member Bateman added that this does not preclude what Mr. Gardner is asking because the staff will have the benefit of the Comprehensive Plan discussions.

Council Member Evans suggested that looking at a “full menu of options” would be more productive than doing it “piecemeal” by limiting discussion to building a percentage of homes in new subdivisions below a specified threshold size.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER BATEMAN, TO SEND RESOLUTION 10 BACK TO THE STAFF FOR A PROPOSED ORDINANCE ON MIXED USE HOUSING BY THE END OF THE YEAR.  THE MOTION WAS ADOPTED 7-1, WITH COUNCIL MEMBER EVANS VOTING NAY.

Item 9.  Discussion of Proposed Amendments to the Town’s

Noise Ordinance (R-11) (R-12)

Mr. Scott Gardner, representing the Chamber of Commerce, argued that the proposed amendment was premature since the Town intends to hire a consultant, at a cost of $25,000, to analyze these matters. He said that several issues had not yet been addressed: would the changes be retroactive to existing structures; and, will requiring an acoustical impact statement drive up development costs?  Mr. Gardner also suggested finding out how many complaints had been received, and what the causes and sources of those complaints were.  He recommended that the Council table the matter until it has received the consultant’s report.

Gay Eddy, representing the Planning Board, said that the Board had not been aware of the resolution directing the Manager to require acoustical impact statements prior to the September 27^th meeting.  She said that they had agreed unanimously on October 5^th that something like this, which directly affects the Board’s work, ought to be referred to the Town’s advisory boards.  Ms. Eddy added that if the Council decided to proceed, the matter should be referred back to the Board for comment and review before a Council decision is made.

Bruce Runberg, Associate Vice Chancellor of Facility Services at UNC-CH, read from his October 6th letter in which he explained that the University had discussed this matter with two noise consultants and had concluded that there are significant issues which have not been addressed.  He noted that there is a fundamental question of what the noise level would be, if implemented, and pointed out that he does not know what an acoustical impact statement looks like.  Mr. Runberg stressed that it would be premature to approve these resolutions now without more detailed information. 

Noise Committee member Milton Heath, a professor in environmental law, discussed the nature of the proposed ordinance amendment and whether it would apply to the University or the schools.  Mr. Heath offered his opinion on some of the concerns expressed by the University regarding acoustical impact statements, and concluded that the amendment would apply to the University.  He suggested that University officials already know this, since the current noise ordinance applies to them except where exempted.  Mr. Heath pointed out that the Council could vote to incorporate the noise ordinance by reference into the Development Ordinance.

Mayor pro tem Capowski asked Mr. Heath how the ordinance amendment might affect regular commercial construction.  Mr. Heath replied that it would have the same sort of impact on large commercial endeavors as it would on the University, unless they were exempted.  He explained that an acoustical impact statement was a ventilating, information-giving document, and noted that the consultants could help draft one.

Council Member Bateman inquired about the cost.  Mr. Heath replied that the cost probably would vanish in the scale of large projects, and that the Manager would have the authority to exempt smaller ones. He said that the technical aspects of what is involved in a noise impact ordinance needs to be developed in more detail, adding that the Council could adopt the resolution and leave those details to be worked out later.

COUNCIL MEMBER BROWN, POINTING OUT THAT THE TOWN HAD BEEN WORKING ON THIS ISSUE FOR A LONG TIME, MOVED TO ADOPT R-11.

Council Member Brown quoted Dr. Royster, the consultant, who had said that this would be a great way to make potential builders think about noise impact.

Council Member Wiggins reminded Council Member Brown about the request to get comments from boards and commissions.

Council Member Brown urged the Council to proceed with adoption and then send it to the boards.

THE MOTION FAILED FOR LACK OF A SECOND.

Mayor pro tem Capowski stated that if a citizen can hear a building that is several blocks from his/her home then the building is too big, too noisy, or poorly located.  He asked if R-11 and R-12 would help citizens to not hear buildings in their homes.  Mr. Heath replied that the resolutions would provide a first step toward lowering the decibel limits and buying equipment that would deal in a more sophisticated way with the problem.

Mayor Waldorf noted the difference between R-11, which creates the requirement for a noise impact statement, and R-12, which puts people on notice that the Town intends to tighten its noise ordinance.

COUNCIL MEMBER FOY MOVED THAT THE COUNCIL REFER R-11 AS WRITTEN TO APPROPRIATE BOARDS FOR COMMENTS TO COME BACK BY NOVEMBER 15TH. 

Council Member Brown asked which boards would be appropriate, besides the Planning Board.

Council Member Evans suggested sending it to the Community Design Commission.

Mayor Waldorf asked Police Major Gregg Jarvies when the noise consultants would start their work and what is the time frame.  Major Jarvies replied that phase one of the process would start by the first of the following week and that the process would last for about eight months. 

Mayor Waldorf noted that several Council Members had expressed discomfort over being unable to assess this and suggested that the consultant should advise them about the noise ordinance.  She added that she was not personally comfortable voting for something without knowing what it is and what it is supposed to accomplish. 

COUNCIL MEMBER PAVAO SECONDED COUNCIL MEMBER FOY’S MOTION.

Council Member Evans read from an article from the October issue of Governing which suggested there will never be a noise ordinance that completely satisfies citizens.  Noting that the University and others had been feeling rushed, she suggested continuing with the spirit of cooperation that had been established on planning principles and waiting to hear from the consultant. 

Mayor pro tem Capowski suggested amending the motion to also ask the Planning Board and Community Design Commission for comment on the effect of reducing decibel levels from 60/50 to 55/45, adding that that would be easier for the average citizen to understand.

Council Member Foy resisted broadening the topic that way and did not accept that as a friendly amendment.

Council Member Brown pointed out that the Noise Committee had spent a year intensely considering such issues, and argued that it would be inappropriate to throw it at the Planning Board and Community Design Commission for consideration. 

COUNCIL MEMBER FOY AMENDED HIS MOTION, SECONDED BY COUNCIL MEMBER WIGGINS, THAT R-11 BE REFERRED TO THE PLANNING BOARD AND THE COMMUNITY DESIGN COMMISSION FOR COMMENT TO COME BACK ON NOVEMBER 15TH, AND THAT THE PROPOSAL THAT THE TOWN REQUIRE A NOISE IMPACT ASSESSMENT BE REFERRED TO THE NOISE CONSULTANT.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).      

Regarding R-12, Council Member Wiggins read, under the last whereas, “avoid the possibility of having to make costly modifications.”  She asked Council Member Brown if this meant retrofitting some existing buildings, adding that she thought Council Member Brown had intended this for only new construction.  Council Member Brown replied that her comments on new construction were apart from the recommendations of the Noise Committee.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER FOY, TO ADOPT R-12.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION STATING THE INTENT OF THE CHAPEL HILL TOWN COUNCIL TO CONSIDER ENACTING STRICTER STANDARDS FOR NOISE GENERATED BY HEATING, AIR CONDITIONING AND OTHER MECHANICAL EQUIPMENT

(99-10-11/R-12)

WHEREAS, the Chapel Hill Town Council has received and considered the report and recommendations of its Noise Ordinance Study Committee; and

WHEREAS, this report has made a number of recommendations for modifications to the Town’s Noise Control Ordinance; and

WHEREAS, on September 13, 1999, the Council authorized the hiring of a consultant to further consider the recommendations of the Committee and to develop proposed changes to the Town’s Noise Control Ordinance for further consideration by the Town Council; and

WHEREAS, among the changes proposed by the Committee and being considered by the consultant are reductions to the level of sound generated by buildings and their associated heating, air conditioning and other mechanical systems; and

WHEREAS, the Council finds that it is reasonable and appropriate to announce its intent at this time to consider such changes in order for persons planning projects to be able to take into consideration, at the design and development stage, the likely changes to the Town’s Noise Ordinance and, thereby, avoid the possibility of having to make costly modifications after projects have been finalized and possibly constructed; 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby states its intent to revise the Town’s Noise Control Ordinance, which revisions may include reductions in the level of noise allowed by building heating, air conditioning and other mechanical systems as proposed, or similar to those proposed, by the Committee.

BE IT FURTHER RESOLVED that the Council directs the Town Manager to make available information regarding the Council’s intent to persons proposing new development and construction within the Town’s jurisdiction.

This the 11^th day of October, 1999.

Item 10. Consideration of Designation of the

Chapel Hill Museum as a Public Cultural Facility (R-13)

Library Director Kathy Thompson outlined the three-part resolution: to declare that the Chapel Hill Museum is operating on behalf of the Town; to authorize the Manager to negotiate and execute a performance agreement; and to allow the Manager to negotiate and execute lease amendments consistent with the performance agreement.  Ms. Thompson said that the Library Board does not believe that a change in the Museum’s lease or classification would limit the Town’s ability to consider other tenants or zoning classifications of the 523 East Franklin Street facility in the future.

COUNCIL MEMBER PAVAO MOVED R-13 AND COUNCIL MEMBER EVANS SECONDED.

Mayor pro tem Capowski asked if the resolution obligated the Town to subsidize the Museum if it should start losing money.  Mr. Horton answered no, and proposed drafting the performance and lease agreements in a way that would make sure that is made absolutely clear.

Council Member Pavão added that this should allow the Museum more flexibility and less need for Town subsidies.

Council Member Bateman added that the Museum already is holding fund-raisers to support itself.

Council Member Brown, reading from page 3 of the memo, read “a change in the lease or classification would not limit the Town’s ability to consider other tenants or zoning classifications in the future,” and asked if this meant any time in the future or only after the lease expires.  Mr. Horton replied that it would be in the condition that exists if the Museum no longer occupied the space and the Council took it back in possession.

THE MOTION TO ADOPT R-13 WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION DECLARING THAT THE CHAPEL HILL MUSEUM IS OPERATING ON BEHALF OF THE TOWN, AUTHORIZING THE MANAGER TO DEVELOP AND EXECUTE A PERFORMANCE AGREEMENT WITH THE MUSEUM, AND AUTHORIZING THE MANAGER TO NEGOTIATE AND EXECUTE A LEASE CONSISTENT WITH THAT PERFORMANCE AGREEMENT (99-10-11/R-13)

WHEREAS, The Chapel Hill Museum archives Town records and may therefore be considered to operate on behalf of the Town, and

WHEREAS, the Museum has petitioned the Town Council to consider a reclassification from a “Public Use Facility” to a “Public Cultural Facility” to allow additional accessory uses at the 523 East Franklin Street facility. 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council declares that the Chapel Hill Museum is operating on behalf of the Town;

BE IT FURTHER RESOLVED that the Council authorizes the Manager to develop and execute a performance agreement to address issues associated with the Museum’s being operated on behalf of the Town and its use of the facility, and to negotiate and execute lease amendments consistent with any changes authorized by the Council.

This the 11^th day of October, 1999.

Item 11.  Franklin Grove Townhomes Application for Special Use Permit

11a.  Continuation of hearing to receive Manager’s follow-up report on Special Use Permit modification application and comments.  (Without objection, the Manager’s follow-up report and any other materials submitted at the hearing for consideration by the Council will be entered into the record.)

Mr. Waldon explained that the Special Use Permit would authorize the construction of 53 townhomes and the renovation of four single-family dwellings on a 100+ square foot development on an East Franklin Street site, which is a little less than nine acres.  He said that issues regarding trees, affordable housing, density, parking, stormwater management, recreation area, and pedestrian access had been raised at the September 1999 public hearing and were reviewed in the memorandum. 

Mr. Waldon noted that two additional issues had emerged subsequent to the public hearing: the contribution to the Orange Community Housing Corporation, and the staff’s response to how much intensity (people and bedrooms) might occur if the site were developed as proposed.  He noted that the staff had suggested an additional stipulation prohibiting three or more unrelated people from residing in the development, and recommend approving Resolution A with the revisions made in response to the September public hearing.   

Eric B. Chupp, of Capkov Ventures, commented on how the project would preserve trees, promote non-vehicular traffic, provide homes in an already urban environment with an existing infrastructure, protect property values from the “increasing commercialization of Franklin Street,” and ask for nothing as far as variances are concerned.  He said that Franklin Grove exceeds all expectations set out in the four findings necessary for Special Use Permit approval. 

Mr. Chupp stated that the Planing Board, the Community Design Commission, the Parks and Recreation Board, and the Walks and Bikeways Commission had voted unanimously for approval, and the Transportation Board voted for approval 6-1.  Mr. Chupp also pointed out that the Town Manager had recommended approval, as did the adjoining property owners.  He asked for permission to proceed without delay. 

Mr. Chupp noted that there had been concerns expressed at a prior public hearing about the project’s dedication to affordable housing.  He described a two-tier initiative that would make contributions to the moderately priced and affordable housing stock: first, they would renovate four homes along Milton Avenue and provide them to prospective homebuyers at between $150,000 and $170,000; and second, they would donate $10,000 to Orange Community Housing Corporation to help initiate construction on the Meadowmont affordable housing site.   

David Hughes, a retired Burlington professor of business at the University, suggested asking the Department of Transportation to regulate the intersection at the corner of Milton and Franklin Streets by moving one light and adding another.  He gave examples of accidents and near accidents to support his view that the intersection already was a dangerous one.  Mr. Hughes offered to work with the Council on some of these issues and suggested that the Town may not be asking the right questions.  He explained that there are interactions between the cost of housing and transportation and taxes and so forth, and stated that the Town is only considering one of them.  Mr. Hughes recommended proceeding with the project.  He also offered to work with the Council on hurricane relief projects.

Mayor Waldorf said, regarding the traffic signal suggestion, that the Town could approach DOT about it as a resolution but could not make it a condition of the SUP application. Mr. Horton agreed, noting that because it would require additional equipment the Town probably would have to approach DOT.  He said that it probably would also require additional funding, and noted that the Council may wish to consider an additional stipulation that would request the applicant to stand ready to make a payment if necessary in order to allow that change in the signal configuration.  Mayor Waldorf suggested that the Manager draw up some such language in case the Council decided to do that.

Mayor Waldorf read a statement by Town Council Member Julie McClintock, who was absent, supporting the following changes to the SUP: that Mr. Kovens accept a condition to limit the number of automobiles; that stormwater concerns be addressed; and, that parking spaces be reduced and the homes on Milton Avenue be marketed in affordable ranges if possible.

Council Member Evans suggested, under stipulation number five, inserting, “to link the Booker Creek and the Linear Park greenway systems together.”  Mr. Chupp replied that they would be happy to support that, with a cap of $500, but he had been unable to contact Bill Webster from the Parks and Recreation Department.

Both Mr. Horton and Mayor Waldorf replied that $500 would not be enough.  Mr. Horton stated that it would be more like $5,000 and that re-signaling the intersection would be $50,000 to $75,000.

Mayor pro tem Capowski described the $10,000 donation to affordable housing as “interesting” and “low.”  He also noted that the applicant was expressing willingness to contribute to affordable housing, but not on their site.  Mayor pro tem Capowski asked if, instead of the contribution to OCHC, the applicant would accept a stipulation that the four homes on Milton Avenue be put on the market at $120,000 with some mechanism so that those houses would remain affordable.  Mr. Chupp replied that his firm could not afford to do that.  He stated that they were not saying “no we don’t want it in or backyard,” but that the return on the dollar would be significantly less because of the high cost of the land.  He added that they had been advised by OCHC that the money would go the farthest on the Meadowmont project.  Mr. Chupp noted that the Development Ordinance does not require developers to make a commitment towards low-income housing and pointed out that the contribution they offered was voluntary.

Mr. Horton interjected that Mr. Waldon had reminded him that the Town already had a portion of the equipment at the Eastgate intersection.  He said that the total cost would be less than $50,000 for both the signal heads and the pedestrian crossing.

Council Member Brown asked Mr. Waldon what happens when stormwater leaves the site and goes under East Franklin Street.  She asked for objective analysis of the potential for stormwater problems and said that the memo had not responded sufficiently to those concerns.  Mr. Waldon replied that the applicant had responded in detail on pages 19 and 20, adding that the information was what he believed the Council had requested. 

Mr. Waldon added that the Town’s required standard for all new developments is that stormwater may not leave a site at a higher rate after development than it does prior to development.  He pointed out that that is the reason behind building detention areas into the site.

Council Member Brown explained that she had not seen the analysis in the memo because the attachments had been incorrectly labeled.  Mr. Horton apologized for the confusion and pointed out that the staff had reviewed the applicant’s information and had concluded that it was detailed and sufficient. 

Council Member Brown asked about the playing fields in the drainage basin.  She inquired about the plan to drain quickly, commenting that she had thought such basins were designed to drain at a certain pace.  Mr. Waldon replied that actual rates would be determined in the detailed stormwater management plan that would be part of the final plan.  He said that the proposal is to hold the water back for about twenty-four hours once or twice a year for substantial rains, but drain it quickly the rest of the time.

Council Member Brown asked if the Town had ever had a project where the recreation areas were actually in a drainage basin.  Mr. Waldon replied “not intentionally.”  Mr. Horton added that the reason was to save trees, explaining that the compromise allowed the applicant’s recommended design and also saved trees by allowing occasional flooding of the recreation area, with the understanding that it would not be a standing water nuisance.  He added that the applicant would not be able to obtain an approval until they had demonstrated that this could be done.

Council Member Bateman asked if there was any interest among Council Members in saving trees by not requiring recreation on site.  She pointed out that this would free the applicant of some of the financial burden, which he could then put into affordable housing.  Mr. Waldon explained that recreation was a requirement of the ordinance and that the Council could not waive that.

Council Member Bateman asked if that meant that the Council does not have the flexibility to offer incentives to provide affordable housing to applicants unless they are prescribed by the ordinance.  Mr. Horton said that it did, and Mr. Karpinos added that the ordinance currently allows density bonuses but does not allow a waiver of requirements such as recreational space.

Mr. Horton added that the Council does have the flexibility, in the case of modifying Special Use Permits, to modify ordinances when greater public purposes are being served.

Mayor Waldorf stated that she believed such modifications had to be done in a universal way, not on specific projects that already have gone through the process with certain expectations.  Mr. Horton replied that modifying ordinances for a greater public purpose could be done specifically for a project.  He said that the Council had invented a method that it could use on occasion, adding that it would not be unreasonable to try to find a method to give them greater flexibility in this type of case if they wanted to do so.

Council Member Bateman asked why the applicant wanted a wall around the development, remarking that walls can create an exclusionary feel.  Scott Kovens replied that it was a retaining wall intended to prevent erosion and protect the trees, not a security wall.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER FOY, TO ADJOURN THE PUBLIC HEARING.   THE MOTION WAS ADOPTED UNANIMOUSLY

(8-0).

COUNCIL MEMBER FOY SAID THAT HE WAS NOT SATISFIED THAT FINDINGS ONE AND FOUR HAD BEEN MET IN THIS CASE, AND MOVED TO DEFER CONSIDERATION OF THE SPECIAL USE PERMIT TO A LATER DATE.

Council Member Foy said that he would like the applicant to further investigate the disposition of the four houses and that there be some sort of stipulation in the Special Use Permit that these houses were to be part of a land trust to ensure affordability, meaning less than $150,000 to $170,000.  Council Member Foy suggested that the applicant speak with the Land Trust, OCHC, and Habitat, and try to figure out a solution that makes good sense for the community and financial sense for the applicant.

COUNCIL MEMBER BROWN SECONDED THE MOTION.

Mayor pro tem Capowski said that he was generally in favor of the project but thought it was important that the four homes on Milton Avenue be priced affordably.

Council Member Bateman added that ensuring that they remain affordable is also a goal.

Council Member Evans raised the concern that the option on the land may expire and the project, which has met with neighborhood approval, would be put on the shelf. 

Mayor Waldorf asked the applicant if their option would expire before October 27th.  Mr. Chupp replied that the option did not expire before then but insisted that waiting would compromise their ability to get financing.  He asserted that putting the four houses into a Land Trust “will not be part of any project that you see in front of you.”  Mr. Chupp explained that his firm highly valued restoring the character of Milton Avenue and giving it the composure and pride that comes with homeownership.  He argued that this is important to them from a marketing standpoint.   

Mr. Kovens agreed, adding that even rehabilitating those houses as proposed will cost his firm more than it will yield.  He said they would serve middle income residents, which he classified as an underserved section of the economy.  Mr. Kovens said that his firm’s contribution to affordable housing is sincere, and that it is better than trying to develop small affordable houses which “will not accomplish anything.”  He stressed that if the Council did not approve the permit tonight he probably would lose the property, and the Town would lose a beautiful entrance into Chapel Hill.

Council Member Foy said there was a grave misunderstanding about what was being suggested, which was to make these four houses affordable in the long term.  He said that the suggestion that doing so would create an appearance that is unacceptable was an insult to people of moderate means.  Council Member Foy expressed annoyance with the position that “somehow the grand entrance to Franklin Grove will somehow be diminished if these houses are in a Land Trust,”  adding he did not think the developers understand what a land trust means.  He noted the Council is asking them to make a real commitment to affordable housing in this community.

Council Member Foy noted that the Town would be giving the developers a permit for 53 new houses of very extravagant prices, “and all we’re asking you to do in return for that is talk to the Land Trust about the possibility of creating a situation that makes those homes affordable in the long term.” He stressed that the Town was not asking for any exaggerated financial contribution.  Mr. Kovens replied that Council Member Foy was misquoting him, and stressed that they were not trying to insult the Land Trust but merely believed that the four houses “are deserving of the middle income, moderately priced housing market, which deserves something also.”  Mr. Kovens added that he had been referring to the garden wall as the beautiful entrance into Chapel Hill, not the Milton Avenue area.    

Mayor Waldorf asked Council Member Foy to restate his motion.  Council Member Foy suggested deferring action on the permit application until October 27th, and, in the meantime, strongly recommending that the applicant approach the Land Trust and talk with them about how the four houses might retain long-term affordability.  He also suggested that the applicant talk with Habitat for Humanity about other measures that might be taken to contribute to the affordability of those houses without having a detrimental affect on the financial implications of the project.

Council Member Foy stressed that the Milton Avenue houses should be looked at separately with the goal of trying to achieve something for the benefit of this community, which, he added, was one of the Town’s stated goals.

Council Member Bateman, noting that she serves on the Land Trust Committee, added that housing which is affordable for middle income people, such as teachers, police officers and firefighters, costs about $100,000. 

Council Member Wiggins asked if participation in the Land Trust would mean that ownership of the four houses would be transferred to a non-profit entity that would own the land.  Council Member Bateman replied that that is the mechanism being looked at now, but suggested that the applicant and the Land Trust might discuss other possibilities.  She added that she, too, had found the applicant’s assertion that they will never talk with the Land Trust offensive.

Council Member Wiggins wondered if participation in the Land Trust would mean that the applicant would have to donate the land as another financial contribution to affordable housing.  Council Member Foy replied that the specifics of what could be worked out are not clear.  He noted that Orange County has $1-1/2-million of bond money, and added that there also is other money available.

Council Members Wiggins and Foy pointed out that the County could buy the land, and Council Member Evans asked, rhetorically, if they could not buy it even if the Council approved the project tonight.

Council Member Foy stated that those four houses do not have a particularly high market value at this point.  He noted the possibility that the County could purchase the land and that the cost of renovation could be absorbed by community volunteers and other mechanisms so that the houses could eventually be sold at a price significantly lower than $170,000.  Council Member Foy noted that the houses would remain affordable in the long term, and stated that this is what they should try to achieve.   

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO DEFER ACTION ON THE SPECIAL USE PERMIT TO OCTOBER 27TH AND TO STRONGLY RECOMMEND THAT IN THE MEANTIME THE APPLICANT MEET WITH THE LAND TRUST AND CONSIDER OPTIONS FOR MAKING THE MILTON STREET PROPERTIES AS AFFORDABLE AS POSSIBLE.  THE MOTION WAS ADOPTED (7-1) WITH COUNCIL MEMBER EVANS VOTING NAY.

Item 12.  1609 East Franklin Street Application for a

Zoning Atlas Amendment and Special Use Permit

12a.  Continuation of hearing to receive Manager’s follow-up report on Special Use Permit application and comments.  (Without objection, the Manager’s follow-up report and any other materials submitted at the hearing for consideration by the Council will be entered into the record.)

Mr. Waldon explained that the staff recommended changing the property to Neighborhood Commercial-Conditional zoning because it promotes the objectives of the Comprehensive Plan.  He said that the public hearing on September 22nd had raised a number of key issues regarding the Special Use Permit and had highlighted one of those which required the applicant to provide vehicular access easements to adjacent property owners.  Mr. Waldon said that the applicant had requested that providing the easement be done at the same time as the adjacent property owner provides an easement to them. He noted that the staff recommends that approach, and recommends approval of the rezoning application and adoption of resolution A to approve the Special Use Permit.  The applicant expressed agreement with the stipulations.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADJOURN THE PUBLIC HEARING.  THE MOTION WAS ADOPTED UNANIMOUSLY

(8-0).

12b.  Consideration of Zoning Atlas Amendment.  (O-3 would approve and R-15 would deny the rezoning request.)

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT O-3.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

AN ORDINANCE AMENDING THE CHAPEL HILL ZONING ATLAS FOR THE 1609 EAST FRANKLIN STREET OFFICE/COMMERCIAL DEVELOPMENT (Chapel Hill Tax Map Number 46.A. p/o 4 and p/o 5) (99-10-11/O-3)

WHEREAS, the Council of the Town of Chapel Hill has considered the application of Richard Gurlitz Architects to amend the Zoning Atlas to rezone property described below from Residential-5 to Neighborhood Commercial-Conditional zoning, and finds that the amendment is warranted due to changing conditions in the area, and in order to achieve the purposes of the Comprehensive Plan;

NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill that the Chapel Hill Zoning Atlas be amended as follows:

SECTION I

That the portion of the property identified as now or formerly Chapel Hill Township Tax Map 46, Block A, Lot 4, that is currently zoned Residential-5, located on the north side of East Franklin Street approximately 500 feet west of the Elliott Road intersection, shall be rezoned to Neighborhood Commercial-Conditional zoning.  The description of the portion of this property to be rezoned is indicated on the attached map.

That the portion of the property identified as now or formerly Chapel Hill Township Tax Map 46, Block A, Lot 5, that is currently zoned Residential-5, located on the north side of East Franklin Street approximately 400 feet west of the Elliott Road intersection, shall be rezoned to Neighborhood Commercial-Conditional zoning.  The description of the portion of this property to be rezoned is indicated on the attached map.

SECTION II

That all ordinances and portions of ordinances in conflict herewith are hereby repealed.

This the 11^th day of October, 1999.

12c.  Consideration of alternate resolutions regarding Special Use Permit application (R-16a, b, c, or d would approve and R-16e would deny).

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER BATEMAN, TO ADOPT R-16A.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE 1609 EAST FRANKLIN OFFICE/COMMERCIAL DEVELOPMENT

(99-10-11/R-16a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by Richard Gurlitz Architects, on property identified as Chapel Hill Township Tax Map 46, Block A, Lots 4 and 5, if developed according to the site plan dated June 18, 1998 (revised April 5, 1999) and the conditions listed below, 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; 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.

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit for the 1609 East Franklin Street project in accordance with the plans listed above and with the conditions listed below:

                                                Stipulations Specific to the Development

1.                  That construction begin by October 11, 2001 (two years from the date of Council approval) and be completed by October 11, 2002 (three years from the date of Council approval).

2.                  Land Use Intensity:  That this Special Use Permit authorizes construction of an 18,301 square foot office building, including a maximum of 4,850 square feet of commercial space, and a 59-space parking lot.

3.                  Recombination Plat:  That the two lots associated with this development (Chapel Hill Township Tax Maps 46.A.4 and 46.A.5) be recombined to form one lot, and that the final plat be recorded at the Orange County Register of Deeds office prior to issuance of a Zoning Compliance Permit.

4.                  Stub-out:  That a vehicular stub-out shall be constructed to the eastern property line of the site, in a location to be approved by the Town Manager.

5.                  Access Requirements:  That access from the driveway off East Franklin Street to the vehicular stub out to the eastern property line and to a future vehicular connection to the west be identified on the final plat along with the location of a future vehicular access easement to each stub.  Each of these two vehicular access easements shall be recorded and become available for use at such time as the Town of Chapel Hill has required of the appropriate adjacent property owner, the dedication of a reciprocal vehicular access easement. Upon notification by the Town Manager of maturation of this condition for either/both of these adjacent properties, an easement(s) describing the property identified on the plat shall be recorded with the Orange County Register of Deeds.  Failure to deliver such easement(s) to the Register of Deeds upon request of the Town Manager shall be a violation of this Special Use Permit.  If this condition has not matured with 99 years of the date of approval of this permit for an adjacent property, the property owner’s obligation to record such easement for that adjacent property shall expire.

6.                  NCDOT Approval:  That the North Carolina Department of Transportation shall approve the plans and encroachment agreements for all work within the East Franklin Street right-of-way.

7.                  Velma Road:  That the existing curb cut on Velma Road be replaced with Town standard curb and gutter.

8.                  Handicapped Parking Spaces:  That the handicapped parking spaces located in the center island of the parking area shall be moved to a location closer to the building.

Stipulations Related to Landscape Elements

9.                  Landscape Plan Approval:  That a detailed Landscape Plan, including landscape maintenance schedule, be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

10.              Landscape Protection Plan:  That a detailed Landscape Protection Plan shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.  The plan shall include a note indicating that tree protection fencing will be installed prior to demolition of the existing buildings on the site.

11.              Landscape Bufferyards:  That the following landscape bufferyards shall be provided, and that if any existing vegetation is to be used to satisfy the buffer requirements, the vegetation shall be protected by fencing from adjacent construction:

¨      Type B landscape bufferyard along the northern portion of the western property line. The plantings within the existing bufferyard on the adjacent property may be included to achieve the planting requirement.

¨      Type C landscape bufferyard (minimum width 20 feet) along the southern portion of the western property line;

¨      Type D landscape bufferyard (minimum width 65 feet) along the East Franklin Street frontage of the site;

¨      Type B landscape bufferyard (minimum width 10 feet) along the eastern property line;

¨      Type C landscape bufferyard (minimum width 30 feet) along the northeastern property line; and

¨      Type C landscape bufferyard (minimum width 30 feet) along the northern property line.

12.              Clump Magnolia:  That efforts shall be made to preserve the existing clump magnolia near East Franklin Street.

13.              Tree Installation:  That several trees shall be installed near the East Franklin Street sidewalk in locations to be approved by the Town Manager.

Stipulations Related to Utilities

14.              Utility/Lighting Plan Approval: That the final utility/lighting plans be approved by Orange Water and Sewer Authority, Duke Power Company, Public Service Company, BellSouth, Time Warner Cable and the Town Manager before issuance of a Zoning Compliance Permit. 

15.              Fire Sprinkler System:  That a fire sprinkler system shall be installed in the building, and that the Siamese connections to the sprinkler system be approved by the Fire Marshal prior to issuance of a Zoning Compliance Permit.

16.              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 by the Town Manager prior to issuance of a Zoning Compliance Permit.

Miscellaneous Stipulations

17.              Stormwater Management Plan: That a Stormwater Management Plan shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.  Based on a 25-year storm, the post-development stormwater run-off rate should not exceed the pre-development rate.

18.              Solid Waste Management Plan:  That a Solid Waste Management Plan shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

19.              Heavy-Duty Pavement:  That all drive aisles accessing the proposed refuse/recycling area shall be constructed of heavy-duty pavement.

20.              Building Elevations and Site Lighting:  That the Community Design Commission shall approve building elevations and site lighting plans prior to issuance of a Zoning Compliance Permit.

21.              Detailed Plans:  That the final detailed site plan, grading plan, utility/lighting plans, stormwater management plan (with hydraulic calculations), and landscape plans shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit, and that such plans shall conform to the plans approved by this application and demonstrate compliance with all applicable conditions and design standards of the Development Ordinance and Design Manual, and that the plans shall demonstrate the provision of safe and secure bicycle storage facilities, and that a sidewalk be extended from the building to the eastern property line at a location to be approved by the Town Manager.

22.              Erosion Control:  That a soil erosion and sedimentation control plan, including provisions for maintenance of facilities and modifications of the plan if necessary, be approved by the Orange County Erosion Control Officer, and that a copy of the approval be provided to the Town Manager prior to issuance of a Zoning Compliance Permit.

23.              Transportation Management Plan:  That prior to issuance of a Zoning Compliance Permit, the applicant shall prepare a Transportation Management Plan for approval by the Town Manager.  The required components of the Transportation Management Plan shall include:

¨             Provision for designation of a Transportation Coordinator;

¨             Provisions for an annual Transportation Survey and Annual Report to the Town Manager;

¨             Quantifiable traffic reduction goals and objectives;

¨             Ridesharing incentives; and

¨             Public transit incentives.

24.              Plan Revisions:  That each of the plan sheets, submitted for final plan review, shall identify the location of the Residential-1 zoning district line in the northern portion of the site.

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

26.              Construction Sign Required:  That the applicant post a construction sign that lists the property owner’s representative, with a telephone number; the contractor’s representative, with a telephone number; and a telephone number for regulatory information at the time of issuance of a Zoning Compliance Permit.

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

28.              Non-severability:  That if any of the above conditions is held to be invalid, approval in its entirety shall be void. 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the application for a Special Use Permit for the 1609 East Franklin Street office/commercial development.

This the 11^th day of October, 1999.

Item 13.  Britthaven Health Care Parking Lot Addition

Application for Special Use Permit Modification

13a.  Continuation of hearing to receive Manager’s follow-up report on Special Use Permit modification application and comments.  (Without objection, the Manager’s follow-up report and any other materials submitted at the hearing for consideration by the Council will be entered into the record.)

Mr. Horton reminded the Council that this item had come to them as a result of a violation of the Special Use Permit previously issued.  He said that the staff had suggested a couple of possible remedies to the applicant: restore the site to the condition approved by the Council; or, make a revised application to the Council.  Mr. Horton said that the applicant had chosen to do the latter.

13b.  Consideration of alternate resolutions regarding Special Use Permit modification application (R-17a or b would approve and R-17c would deny).

Mr. Waldon explained that the staff had recommended, when this was submitted on September 22nd, and continued to recommend approval of the resolution authorizing reconstruction of the parking lot.  (He said that stipulation five in Resolutions 17a and 17b should be deleted because they were in error, adding that collection would be provided by the Town.)   Mr. Waldon explained that the staff had changed its recommendation from R17-a to R17-b after receiving comments from the Walks and Bikeways Commission and others. The applicant did not present information.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT R-17B.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION APPROVING A SPECIAL USE PERMIT MODIFICATION APPLICATION FOR BRITTHAVEN OF CHAPEL HILL (SUP MOD 27-D-21A)

(99-10-11/R-17b)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit Modification application proposed by Hillco, on property identified as Chapel Hill Township Tax Map 27, Block D, Lot 21A (PIN# 9799-56-2741), if developed according to the plans dated April 8, 1999 and conditions listed below, 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, with the modifications listed below;

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

BE IT FURTHER RESOLVED that the Town Council hereby approves the Special Use Permit Modification in accordance with the plans listed above and with the additional conditions listed below:

                                                Stipulations Specific to the Development

1.                  That construction be completed by October 11, 2000.

2.         Relationship to 1991 Special Use Permit:  That this approval authorizes up to 73 parking spaces.  This authorization is intended to be in addition to the terms of the Town Council February 11, 1991 Special Use Permit (recorded in Plat Book 918, Page 94 in the Orange County Register of Deeds Office).

3.         Dumpster:  That  refuse dumpster(s) and pad(s) be provided in the parking lot, the number and location to be approved by the Town Manager.

4.         Heavy Duty Pavement:  That heavy duty pavement be installed under the refuse service vehicle access route and under the dumpster pad, with pavement specifications, the location, and configuration to be approved by the Town Manager.

5.                  Sidewalk:  That sidewalk be provided on the western edge of the new parking lot, extending to the eastern edge of the building.

6.                  Bike Racks:   That secured, covered, illuminated bicycle parking area be provided to accommodate a minimum of 8 bicycles using wave-type racks bike racks.

Stipulations Related to Landscape Elements

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

8.         Landscape Plan:  That a detailed landscape plan and landscape maintenance plan be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

The landscape plan shall demonstrate compliance with the shading and screening requirements for the parking lots.

In addition, we recommend that a note be included on the plans indicating that any existing vegetation that is damaged by construction will be replaced.

Stipulations Related to Water, Sewer, and Other Utilities

9.         Utility/Lighting Plan Approval: That the final utility/lighting plan be approved by Duke Power Company, the Community Design Commission, and the Town Manager prior to issuance of a Zoning Compliance Permit.

Miscellaneous Stipulations

10.       Stormwater Management Plan:  That a Stormwater Management Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.  Based on a 25-year storm, the post-development stormwater run-off rate should not exceed the pre-development rate.  The plan must show how stormwater detention for this site will be achieved.

11.       Stormwater Detention/Retention Pond:  That maintenance of the stormwater detention/retention pond shall be the responsibility of the property owner.

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

·        the number of dumpsters to be reviewed and approved by the Town Manager ;

·        the dimensions of the dumpster pads and bollards to be adjusted to meet Town requirements; and

·        a container for segregated grease rendering/recycling collection and a space for segregated food waste collection to be provided near the delivery entrance of the building;

            The demolition debris plan must be approved by the Town Manager prior to initiation of demolition on the site.

13.       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 Development Ordinance and the Design Manual.

14.       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.

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 Sign Required:  That the applicant post a construction sign that lists the property owner’s representative, with a telephone number, the contractor’s representative, with a phone number; and a telephone number for regulatory information at the time of issuance of a Zoning Compliance Permit.

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

18.       Non-severability:  That if any of the above conditions is held to be invalid, approval in its entirety shall be void. 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the Special Use Permit Modification application for Britthaven of Chapel Hill.

This the 11^th day of  October, 1999.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO CLOSE THE PUBLIC HEARING.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0). 

13c.  Consideration of resolution setting a deadline for submittal of final plans application for Britthaven Health Care Parking lot addition. (R-18)

Mr. Waldon noted that R-18 would authorize the staff to vigorously pursue enforcement regarding the violation if construction on this new parking lot has not started within sixty days.  He said that the staff would bring the idea of revising the fee schedule for violations to the Council at a later date.

COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT R-18.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION SETTING A DEADLINE FOR SUBMITTAL OF FINAL PLANS APPLICATION FOR BRITTHAVEN OF CHAPEL HILL (27-D-21A) (99-10-11/R-18)

WHEREAS, the owner of Britthaven, by constructing and using a parking lot addition without authorization from the Town, has been in violation of the 1991 Britthaven Special Use Permit for two or more years; and

WHEREAS, the owner, in order to remedy the violation, applied to the Town Council for a Special Use Permit Modification to demolish the parking lot expansion and to construct a new parking lot addition; and

WHEREAS, the Town Council, on October 11, 1999, approved the Special Use Permit Modification application with conditions;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council directs the Town Manager to stay action on the violation for 60 days, or until receipt of application for Final Plans Zoning Compliance Permit, pursuant to the Special Use Permit Modification approval, whichever first occurs.

This the 11^th day of October, 1999.

Item 14.  Items regarding Community Development Block

Grant Funds and the Scarlett Drive Townhomes Site

Mr. Horton apologized that the staff person who would make the report had not yet arrived.  He noted that the evening had progressed faster than anticipated given the long agenda.  Mayor Waldorf said that the Council did not need a report because of the excellent memos that the staff had prepared.  Other Council Members agreed. 

14a.  Resolution authorizing the Manager to use Community Development Block Grant funds for brick wall construction and supplemental landscaping improvements on the Scarlett Drive Townhomes site (R-19).

Council Member Foy questioned whether the expensive wall was really necessary.

Council Member Evans said that the Town already had set the standard with walls and that this project should conform to that standard.

Council Member Wiggins expressed support for the resolution but suggested taking note of how it would affect the budget.  She pointed out that the Council was essentially making a budget decision outside of the process.

COUNCIL MEMBER EVANS MOVED R-19, SECONDED BY COUNCIL MEMBER PAVAO.

Council Member Bateman asked what had become of the idea of not selling the cemetery plots close to the boundary line.  Mr. Horton replied that they could not be sold unless the Council changed its directions.  Council Member Bateman questioned taking funds out of the “precious” Community Development Block Grant money and wondered if it could come out of the Capital Improvements Program budget funds in the spring.

Mayor pro tem Capowski commented that this would be the right source of the money because it is being done for the Scarlett Drive project.

THE MOTION WAS ADOPTED (6-2) WITH COUNCIL MEMBERS FOY AND BATEMAN VOTING NAY.

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO INCLUDE THE USE OF $15,000 IN COMMUNITY BLOCK GRANT FUNDS TO PAY FOR CONSTRUCTION OF A BRICK WALL AND SUPPLEMENTAL BUFFER PLANTINGS ON THE SCARLETTE DRIVE TOWNHOMES SITE AND PROVIDE FUNDING OPTIONS DURING THE UPCOMING FY 2000 – 2001 BUDGET FOR BRICK WALL AND PLANTING IMPROVEMENTS ON ADJACENT SECTIONS OF MEMORIAL CEMETERY (99-10-11/R-19)

WHEREAS, a pierced brick wall along the Scarlette Drive Townhomes property line will provide desirable screening and will be in keeping with the design of the adjacent public cemetery; and

WHEREAS, supplemental plantings on both the Scarlette Drive Townhomes site and on Memorial Cemetery will provide a long term evergreen buffer between these two properties; and

WHEREAS, installation of plantings of a larger size will have more immediate impact and will decrease the time needed for the plantings to provide the desired long term buffering; and

WHEREAS, Community Development Block Grant funds may be available to fund improvements on the Scarlette Townhomes site and the Town may be able to provide funding for improvements to Memorial Cemetery during the upcoming budget;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to include the use of $15,000 in Community Development Block Grant funds for brick wall construction and supplemental landscape improvements on the Scarlette Drive Townhomes site, and provide funding options during the upcoming FY 2000 – 2001 budget for related landscape improvements to Memorial Cemetery.

This the 11^th day of October, 1999.

14b.  Resolution and budget ordinance amendment to the 1999-2000 Community Development Program for Scarlett Drive Townhome project and Neighborhood Revitalization Activity (R-20) (O-4).

Long Range Planner Chris Brendt explained that this item would budget $180,000 of program income received from Pine Knolls repayments and proposes allocating $99,000 of this for the Scarlett Drive Project, which would include the funds for the brick wall.  She said it would allocate an additional $82,500 for additional funds for the Neighborhood Revitalization Project, the specifics of which the staff would bring back to the Council at a later date.  Ms. Brendt said that R-20 would approve these additions to the budget and that O-4 is the project ordinance budget amendment.

Council Member Wiggins asked if projects that do not get funded “stay in the hopper” for future funding or have to be resubmitted.  Ms. Brendt replied that the staff intended to work with the applicants that they received this time, such as Miss Tate’s project, the EmPOWERment project and others mentioned in the memo.  She added that people should reapply for funding each year because additional funds become available.

COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT R-20.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0). 

A RESOLUTION AMENDING THE 1999 – 2000 COMMUNITY DEVELOPMENT PROGRAM (99-10-11/R-20)

WHEREAS, the Town has received $181,500 of Community Development program income; and

WHEREAS, on August 23, 1999, the Council adopted a process to amend the 1999 – 2000 Community Development program to budget program income for Community Development activities; and

WHEREAS, on August 23, 1999, the Town Council held a public hearing to receive citizen comments on a proposed amendment to the Community Development program;

NOW, THERFORE, BE IT RESOLVED, that the Council of the Town of Chapel Hill amends the 1999 – 2000 Community Development program to budget $181,500 of Community Development program income as follows;

                        Scarlette Drive Town Home project                  $  99,000

                        Neighborhood Revitalization                             $  82,500

                                                                                                $181,500

BE IT FURTHER RESOLVED that the Council authorizes the Town Manager to submit an amended 1999 – 2000 Annual Update to the Consolidated Plan to the U.S. Department of Housing and Urban Development to reflect this amendment.

This the 11^th day of October, 1999.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO ADOPT O-4.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

AN ORDINANCE TO AMEND THE 1999 - 2000 COMMUNITY DEVELOPMENT ENTITLEMENT GRANT PROJECT ORDINANCE (99-10-11/O-4)

BE IT ORDAINED by the Council of the Town of Chapel Hill that, pursuant to Section 13.2 of Chapter 159 of the General Statues of North Carolina, the following grant project is hereby amended to read as follows:

SECTION I

The projects authorized are the Community Development projects as approved by the Council on April 26, 1999: funds are as contained in the Funding Approval and Grant Agreement between the Town and the U.S. Department of Housing and Urban Development (HUD).  The projects are known more familiarly as the 1999 Entitlement Community Development Block Grant.  The grant activities include renovation of public housing, neighborhood revitalization, property acquisition, site improvements, community services to low-income residents, economic development and administration costs for the program.

SECTION II

The Manager of the Town of Chapel Hill is hereby directed to proceed with the grant project within the terms of the grant document(s), the rules and regulations of the U.S. Department of Housing and Urban Development, and the budget contained herein.

SECTION III

The following revenues are anticipated to be available to complete this project:

Current             Revised

Budget                         Budget            

Community Development Block Grant:              $434,000                     $434,000

Community Development Program Income:                   $132,000                     $313,500

                        Total                                                    $566,000                     $747,500

SECTION IV

Appropriations for the project are amended to include the following for the 1999 – 2000 grant year:

                                                            Current             Revised

                                                            Budget                         Budget

Rehabilitation of Public Housing:                        $230,000                     $230,000

Property Acquisition:                                        $  75,000                     $  75,000

Scarlett Dr. Homeownership Program:  $  70,000                     $169,000

Community Services:                                        $  51,000                     $  51,000

Neighborhood Revitalization:                             $  50,000                     $132,500

Economic Development:                                   $  20,000                     $  20,000

Program Administration:                                    $  70,000                     $  70,000

                                    Total                                        $566,000                     $747,500

SECTION V

The Finance Director is hereby directed to maintain within the Grant Project Fund sufficient specific detailed accounting records to provide the accounting to the U.S. Department of Housing and Urban Development as required by the grant agreement(s) and Federal and State regulations.

SECTION VI

Copies of this project ordinance shall be entered into the minutes of the Council and copies shall be filed with in five days of adoption with the Manager, Finance Director and the Town Clerk. 

This the 11^th day of October, 1999.

Item 16.  Consideration of Scope of Work for Transportation

Consultant(s) regarding Transportation Issues (R-23)

Mr. Horton reported that the Town had employed a transportation consultant, Ray Moe of  Balloffet Associates, to address key issues which are laid out in the report.  He said that the first three items would have direct impact on development items that the Council discusses regularly, while the others could be delayed.  Mr. Horton recommended that the Council give the staff direction on which items to pursue so that they could negotiate with Mr. Moe and come back with a more specific proposal with funding options for consideration. 

Mayor Waldorf said that when the Council decided to go ahead with this rather than adding a fifth finding under Special Use, it was her understanding that the intent was to achieve something through this study that would enable them to make ordinance amendments that would speak more specifically to acceptable levels of traffic for various kinds of projects and would give the Council a more defensible basis for rejecting certain projects. 

Mr. Horton noted that the first three items in particular would give the Council considerable assistance in reviewing and considering whether or not to approve development proposals.

Mayor pro tem Capowski recalled talking about possibly requiring payment-in-lieu from developers for off-site impacts on traffic, and asked if that concept was included in number two of the memo.  Mr. Waldon said that it was, adding that the idea is to set some rules for conditions under which it is reasonable to go beyond the site, and how far to go beyond it.  Mr. Horton stated that the purpose of that would be to see what impacts need to be mitigated.

Mayor pro tem Capowski asked if the staff’s comments in number six of the memo meant that the Town could establish maximum parking requirements.  Mr. Horton replied that the Town now knows how to do this, and can do it less expensively than Balloffet can.

Regarding number seven of the memo, Council Member Foy noted that the consultant had talked about modern roundabouts near Europa Drive and U.S. 15-501.  He wondered if this could be given a little more consideration.  Mr. Horton replied that the Town could ask the State if it would consider a roundabout design at that location.

Mayor Waldorf added that it would make sense to make that part of the 15-501 MIS.  Mr. Waldon noted that DOT is working with the installation of a modern roundabout in the western part of the State, adding that the intersection there is much less complex than the one at Europa and 15-501.  He suggested that the State is taking small steps in this direction. 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO ADOPT R-23.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).  

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO PREPARE A PROPOSAL FOR TRANSPORTATION PLANNING SERVICES (99-10-11/R-23)

WHEREAS, the Town Council has received a report from Balloffet and Associates, dated June 30, 1999, describing a set of transportation planning services that could be made available to Chapel Hill; and

WHEREAS the Council intends to consider pursuing selected items contained in the Balloffet report; 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to negotiate a scope of services, along with schedule, and cost, for a set of transportation services in the following areas:

·        Level of Service Analysis

·        Traffic Impact Analysis

·        Mobility Report Card

·        Signal Timing

BE IT FURTHER RESOLVED that the Manager is requested to return to the Council with a proposed scope of services, along with a set of recommendations for funding mechanisms and scheduling.

This the 11^th day of October, 1999.

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO REQUEST THAT THE STAFF CONTACT DOT TO LOOK INTO THE  DESIGN OF A MODERN ROUNDABOUT AT THE INTERSECTION OF EUROPA DRIVE AND HIGHWAY 15-501.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0). 

Item 17.  Appointments

17a.  Appointment to Library Board of Trustees. 

The Council appointed Bob Schreiner to the Library Board of Trustees. 

17b.  Appointments to Solid Waste Advisory Board (R-24a or b).

Mr. Horton explained that an important consideration in the negotiations was that the Council would have the authority to appoint individuals to these posts to give advice to the County Commissioners and to represent the interests of the Town.  He said that the Council could do this by appointing members of its own body, or by appointing citizens, or by a combination. 

Mayor Waldorf asked if any Council Members wished to serve on this Board.  When no one responded, she suggested passing R-24b directing the Manager to recruit applicants. 

COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT R-24b.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION DIRECTING THE MANAGER TO RECRUIT APPLICANTS TO THE ORANGE COUNTY SOLID WASTE ADVISORY BOARD (99-10-11/R-24b)

WHEREAS, the Interlocal Agreement that transfers responsibility for solid waste management to Orange County has been fully executed; and

WHEREAS, the Town of Chapel Hill, at its discretion, is authorized by the Interlocal Agreement, to appoint two members to the newly formed Orange County Solid Waste Advisory Board; and

WHEREAS, the Interlocal Agreement provides for one Chapel Hill representative to serve a 1-year term and the other to serve a 3-year term;

WHEREAS, the Advisory Board will advise the Orange County Commissioners regarding a wide range of solid waste management issues;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Manager is directed to recruit applicants interested in serving on the Solid Waste Advisory Board and to present these applicants to the Council at its October 27, 1999 meeting.

This the 11^th day of October, 1999.

17c.  Resolution authorizing participation by the Manager and specific Council Members regarding program sponsored by the Triangle J Council of Governments on regional solid waste issues (R-26).

Judy Kincaid, of the Triangle J Council of Governments, discussed a “Solid Waste Future Search” proposed by the Triangle Region Solid Waste Planners Committee, comprised of solid waste planners from around the region.  She said that an April report recommended that the region do a much better job of coordinating long-term solid waste planning.

Ms. Kincaid reported that during the period of 2001 to 2026 the region would be sending 48 million tons of waste somewhere in or outside the region.  She explained that one acre can hold 13,000 to 32,000 tons, which means that the region will need 1,500 to 3,600 acres of land for landfilling during that time, equivalent to 45-108 football fields per year.  Since one garbage truck can haul 20 tons, the region will be putting 92,000 trucks per year on average on the roads during that time.  Ms. Kincaid said this would mean 300 trucks per day.

Ms. Kincaid explained that her committee did not think this was a particularly sustainable option, given the unavailability and cost of landfills, the environmental impact, and the liability if private companies go out of business.  She said that Triangle J COG wanted to get people from the region together to review solid waste trends and options and to coordinate planning.  She proposed conducting a “Future Search,” which is a set of professional exercises that leads a group of diverse people through a process of examining issues, identifying common ground, and coming up with specific actions.

Ms. Kincaid said that the process is very effective, and listed places where it had been used, including locally.  She said that its key elements are characterized by getting 60-70 key decision-makers in a room together, looking at past trends and the big picture, finding common ground, and getting participants to commit to the next steps.  Ms. Kincaid noted that this process looks at the whole system, develops new ideas and action plans, fosters new working relationships, and promotes a higher level of commitment.

Ms. Kincaid said that the N.C. Division of Pollution Prevention and Environmental Assistance was using this as a model for other regions and has agreed to fund Triangle J’s “Future Search” as well as the follow-up that will be done to make sure that it is effective.  She stressed that its effectiveness depends on having key people involved in the process, such as city and county elected officials, city and county managers, government solid waste staff, private sector representatives, and members of the public.

Ms. Kincaid acknowledged that the schedule is time-consuming (February 23rd from 4-8pm; February 24th from 8am-5pm; and February 25th from 8-12am.), and explained that everyone must stay through the entire process.  Ms. Kincaid asked the Council to commit the solid waste staff, the Manager, and two elected officials to the February event.  She pointed out that all six counties and four cities were being asked to participate. 

Council Member Evans volunteered to go as one of the elected officials.  Mayor Waldorf noted that Mayor pro tem Capowski had raised the question of whether it was important for the Town to do this since it is no longer responsible for solid waste issues.  Mr. Horton replied that the Town would have solid waste management concerns even though it is no longer involved in that business.

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO ADOPT R-26.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION ENDORSING THE USE OF THE FUTURE SEARCH PROCESS FOR REGIONAL SOLID WASTE PLANNING AND AUTHORIZING THE TOWN MANAGER AND ONE OR TWO ELECTED OFFICIALS TO PARTICIPATE IN A REGIONAL "FUTURE SEARCH" ON SOLID WASTE MANAGEMENT

(99-10-11/R-26)

WHEREAS, increased regional coordination regarding solid waste management is likely to be beneficial to individual local governments in the Triangle area; and

WHEREAS, the Future Search process is a potentially useful approach to viewing a whole system and its trends, identifying places to effectively move the system toward a common goal, and generating commitment to do so; and

WHEREAS, the North Carolina Division of Pollution Prevention and Environmental Assistance has provided funding to conduct a Triangle Solid Waste Future Search; and

WHEREAS, in order for a Future Search to succeed, it is necessary that a diversity of elected officials, top managers, technical staff, private industry and interested advocates participate in the event;

NOW, THEREFORE, BE IT NOW RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager and one or two elected board members of the Town Council to participate in a Triangle Solid Waste Future Search tentatively scheduled for February 23-25, 2000; and

BE IT FURTHER RESOLVED that the Council appoints the following Council Members to participate in that process:

Council Member Pat Evans

and

_____________________________.

This the 11^th day of October, 1999.

Council Member Wiggins pointed out that the Council had scheduled a meeting with the legislative delegation on that date.  Mr. Horton replied that the meeting was tentative and might be rescheduled. 

17d.  Appointment of committee regarding improvements to Ram’s Plaza.

Mayor Waldorf, noting that the committee working with University Mall had been very successful, suggested that the same Council Members work on renovations at Rams Plaza.  She noted that they might address that area’s transportation issues at the same time.

Council Member Foy recommended looking at impervious surface issues as well.

Council Member Pavão noted the traffic issues and Council Member Evans added pedestrian and biking issues to the list.

Council Member Brown offered to serve on the committee and Mayor Waldorf appointed Council Member Pavão to chair it as he had done before.

Item 18.  Petitions

18a.  By the Mayor and Council Members.

Council Member Foy proposed a shuttle bus route between Eastgate, University Mall, Ram’s Plaza and Village Plaza to create an incentive for people to not use cars.  He said that it would create more ease in getting around and knit the downtown area together.  Mayor Waldorf asked if he was asking only for staff comment or whether he was asking the staff to go ahead and contact these downtown entities.  Council Member Foy said that it would be helpful if the staff did some preliminary investigation.

Mayor pro tem Capowski noted that there had been similar attempts in the past, which had failed.

Council Member Evans mentioned a failed attempt.  Mayor pro tem Capowski said that the Council should decide up front if it wants to subsidize this idea.

Council Member Foy suggested that the malls might share some of the cost.  He added that the idea’s attractiveness would depend on how much of a commitment the Council was willing to make.   

COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL MEMBER [?], TO REFER THE PETITION TO THE MANAGER.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Council Member Bateman noted that the Committee on Recreation for At Risk Youth did not get on the agenda.  Mr. Horton said that it was scheduled to come back on the October 27th.

COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL MEMBER EVANS TO ADJOURN.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0). 

The meeting was adjourned at 10:30 p.m.