MINUTES OF A REGULAR MEETING OF THE MAYOR AND
COUNCIL OF THE
TOWN OF CHAPEL HILL, THURSDAY, NOVEMBER
30, 1989
Mayor Howes called
the meeting to order.
Council Members in
attendance were:
Julie Andresen Nancy Preston
David Godschalk James C. Wallace
Joe Herzenberg Arthur Werner
David Pasquini Roosevelt Wilkerson, Jr.
Also in attendance
were: Assistant to the Mayor Lisa Price, Council Members Elect Joyce Brown and
Alan Rimer, Town Manager David Taylor, Assistant Town Managers Sonna Loewenthal
and Florentine Miller, Public Safety Director Cal Horton, Planning Director
Roger Waldon, Assistant to the Attorney Richard Sharpless, and Town Attorney
Ralph Karpinos.
Mayor Howes noted
that there were no ceremonies or public hearings scheduled for this evening.
Mayor Howes noted
that this evening's meeting was the Council's second regular meeting in
November. Mayor Howes noted that the meeting was being held on Thursday due to
the National League of Cities meeting earlier in the week. Mayor Howes also
noted this evening's meeting would be the last regular meeting for Council
Members Godschalk and Pasquini. Mayor Howes noted that Council Members Elect
Brown and Rimer would be sworn in on December 4th.
Petitions
Mayor Howes suggested
that the meeting time for December 4th be changed from 7:30 to 8:00 P.M., to
allow Chief District Court Judge Patricia Hunt to administer the oaths of
office.
COUNCIL MEMBER GODSCHALK
MOVED, SECONDED BY COUNCIL MEMBER WALLACE, TO CHANGE THE MEETING TIME ON
MONDAY, DECEMBER 4TH FROM 7:30 TO 8:00 P.M. THE MOTION WAS ADOPTED UNANIMOUSLY
(9‑0).
Council Member
Herzenberg requested that the Town Clerk advertise the Council's anticipated
appointment of an ad hoc tree committee to oversee implementation of the tree
protection ordinance.
Council Member
Preston, noting that the holiday shopping season had recently begun, noted that
the Chapel Hill‑Carrboro Chamber of Commerce had launched a campaign
encouraging people to shop locally. Council Member Preston said she had found
some items listed in catalogs at lower cost locally.
Town Manager Taylor
requested that item #12 concerning the Orange non‑profit housing
corporation, be rescheduled to December 12th.
Proposed Rezonings
Planning Director
Roger Waldon said that this evening's item was a follow‑up to the
comprehensive rezoning proposal considered by the Council at their November
13th meeting. Mr. Waldon noted that the proposal would rezone undeveloped areas
in the extraterritorial jurisdiction to rural transition in an effort to manage
the Town's growth. Mr. Waldon stated that the temporary rezoning would permit
the Town to consider the adequacy of public facilities on a Town‑wide
basis. Mr. Waldon said that the small area planning process would be
complementary to rezoning.
Mr. Waldon said that
the Town staff would undertake planning process for six to nine small areas of
the Town, establishing where roads need to be widened and other public
facilities need to be improved. Mr. Waldon said that at the end of the process,
requests for more intensive uses would be entertained if adequate facilities
are available. Mr. Waldon said it would be possible to have a good handle on
infrastructure matters within approximately two months.
Mr. Waldon noted that
a letter had been received from University of North Carolina Chancellor Paul
Hardin, requesting that a portion of the Horace Williams tract be referred to
the Coordination and Consultation Committee to discuss what should be done with
this land. Mr. Waldon said the staff thinks is a reasonable request.
Mr. Waldon reviewed
what would occur if the rezoning proposal were implemented. He also showed the
Town's extraterritorial jurisdiction and urban service boundary on an exhibit
map. Mr. Waldon noted that Town Manager Taylor recommended adoption of
Ordinance 1B and Resolutions 2 and 3.
Council Member
Andresen inquired whether the rezoning proposal would inconvenience property
owners for three or four months. Mr. Waldon said yes. Council Member Andresen
said she appreciated the staff's proposal. Council Member Andresen inquired
how much of the Horace Williams tract would be reviewed under the terms of
Resolution 3. Mr. Waldon stated that the majority of the tract would be
considered. Council Member Andresen said that the Coordination and Consultation
Committee should be given an opportunity to discuss the possible uses, but
expressed reluctance at relinquishing authority over any land. Council Member
Andresen requested that the Horace Williams tract return to the Council in
March, 1990. Mayor Howes said he did not know if this would be possible. Mayor
Howes said the matter would be considered as expeditiously as possible by the
Coordination and Consultation Committee. Council Member Werner said the
Coordination and Consultation Committee could be encouraged to come back in the
near future, probably within six to eight months. Council Member Andresen inquired
whether September, 1990 would be possible. Council Member Werner said yes.
Mr. Waldon noted that
the Horace Williams tract is partially located in the Town of Carrboro. Council
Member Preston asked whether most of the area under consideration was zoned R‑1
and R‑2. Mr. Waldon said yes.
Council Member
Preston inquired if the rezoning were denied and sketch plans were approved,
and all other conditions were met, whether a parcel could go forward from an R‑1
zoning basis the same as rural transition zoning. Mr. Waldon said that the concept
would lose a lot of its power under this scenario. Mr. Waldon said that the
power of the idea lies in the rezoning element of the plan. Council Member
Preston said she did not agree, since the Town already asks developers to
provide adequate infrastructure. Mr. Waldon stated that rural transition
zoning allows the Council a reasonable basis to say no until adequate facilities
are in place. Council Member Preston noted that the Council asks that
developers make infrastructure improvements in many cases. Saying that the mass
rezoning would cause many problems, Council Member Preston said she could not
see the advantage of the rezoning.
Council Member Werner
inquired whether it was worth doing small area plans if the mass rezoning was
not approved. Mr. Waldon said it made
sense to go ahead with the small area plans in any case, since they will prove
useful in the future. Council Member Werner asked whether it would be worth the
staff time to do small area plans when there is a good chance that the Council
would see development in the interim. Mr. Waldon said the types of regulatory
tools would remain unchanged.
Council Member
Pasquini asked whether it was correct that nothing in the proposal stated that
property owners would have to wait until March, 1990 to submit development
proposals. Mr. Waldon said this was correct.
Council Member
Godschalk said he was pleased with the staff proposal for small area plans and
that there is a detailed implementation schedule. Council Member Godschalk
added that he had serious questions whether wholesale rezoning is currently
needed. Council Member Godschalk said the rezoning process would be complex
and expensive. Council Member Godschalk said he supported taking no action this
evening on Resolution 1, denying rezoning.
Council Member
Wilkerson, citing State General Statute 168.7.5 requested that the Council
grant him permission not to vote on this matter this evening due to a technical
glitch in his personal position.
Council Member
Andresen said she was disappointed in Council Member Godschalk's position,
since she felt that the staff had addressed the primary concern of property
owners, possible delays in the development of property. Council Member Andresen
said that if the Council did not rezone now, they would be acting in a shotgun
manner in the future. Council Member Godschalk said he would rather wait until
adequate information was available, rather than proceeding with widespread
rezoning.
Council Member
Wallace said that the precise length of time involved was not the critical
issue. Council Member Wallace also noted that the State, not the County could
grant any requests for tax abeyance. Council Member Wallace said such requests
would not be granted. Council Member Wallace expressed doubt that many property
owners would seek to initiate development projects under current zoning
categories.
Mayor Howes said that
given the current real estate market, he did not think there was a very strong
argument for downzoning being precedent to small area plans. Mayor Howes added
that the idea of growth management is not dead in Chapel Hill.
COUNCIL MEMBER
PRESTON MOVED, SECONDED BY COUNCIL MEMBER GODSCHALK, TO ADOPT RESOLUTION 1,
DENY THE REZONINGS.
Council Member
Andresen stated that support for downzoning appeared to be dwindling. Council
Member Andresen said she favored the concept. Council Member Godschalk said
that current staff could be used to pull together the plans over a two and a
half year period. Mayor Howes said it was delusional to think that downzoning
further would happen in the future. Mayor Howes said that if Resolution 1
passed this evening, the Council would be unlikely to downzone in the future.
Council Member
Wilkerson, saying he was aware of the seriousness of the matter, asked the
Council to excuse him from voting on Resolution 1. Council Member Wilkerson
said he was asking to be excused due to a legal technicality involving private
interests. Town Attorney Karpinos noted that the Council could vote or agree by
consensus to Council Member Wilkerson's request. Mayor Howes polled the Council
for their opinion and announced that the Council agreed by consensus to
Council Member Wilkerson's request to be excused from voting.
RESOLUTION 1 FAILED
BY A VOTE OF 4‑4, WITH COUNCIL MEMBERS GODSCHALK, PRESTON, WALLACE AND
MAYOR HOWES VOTING YES, AND COUNCIL MEMBERS ANDRESEN, HERZENBERG, PASQUINI AND
WERNER VOTING NO, AND COUNCIL MEMBER WILKERSON EXCUSED FROM VOTING BY COUNCIL
CONSENSUS. THE RESOLUTION, BY THIS ACTION CARRIED OVER FOR CONSIDERATION AT
THE COUNCIL'S DECEMBER 12TH MEETING.
COUNCIL MEMBER
GODSCHALK MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO ADOPT RESOLUTION 2.
Council Member
Andresen stated that she would like to see the item returned to the Town staff
for additional alternative proposals. Mayor Howes inquired whether there would
be any problem if Resolution 2 were passed without the rezonings being implemented.
Town Manager Taylor said he did not foresee any problems. Mr. Waldon stated
that the staff would make another report to the Council in January, 1990.
Noting that Resolution 1 would carry over to the December 12th meeting, with a
new Council seated, Council Member Werner suggested that the matter be further
discussed at that time. Council Member Godschalk stated that Resolution 2 only
requested the establishment of an implementation schedule. Council Member
Werner said staff time would be better spent by waiting to see the outcome of
the Council vote on December 12th. Mayor Howes noted that he supported the
concept of small area planning.
COUNCIL MEMBER
GODSCHALK WITHDREW HIS MOTION. COUNCIL
MEMBER PRESTON CONCURRED.
Mayor Howes noted
that the Council would revisit the issue on December 12th.
Chapel Hill North
Master Land Use Plan
Town Manager Taylor
requested that the agenda item and all its attachments be entered into the
record of the hearing. Mayor Howes concurred with his request.
Planning Director
Roger Waldon stated that the Chapel Hill North Master Plan had last been before
the Council on August 29th. Mr. Waldon stated that the proposal sought to
develop 630,000 square feet on a forty acre tract at Weaver Dairy Road and NC
86. Mr. Waldon stated that the Town's Development Ordinance allows the
Council to approve a master plan for the site, with development occurring
pursuant to the approval of special use permits. Mr. Waldon said the site would
develop in phases.
Mr. Waldon stated
that there were four key issues for the Council's consideration: roads,
buffers, outparcels, and a park & ride lot. Mr. Waldon also noted that the
site contained a possible hotel site and that there are four outparcels
contiguous to the site, two on NC 86 and two on Weaver Dairy Road.
Mr. Waldon stated
that a map in the Council's materials showed the proposed location of a two
hundred vehicle park and ride lot. He added that the Town would make
application to the Urban Mass Transportation Administration for partial funding
of the facility
Mr. Waldon noted that
the applicant proposes the use of class D buffers around the Chapel Hill North
site. He noted that some speakers at the August 29th hearing had requested that
seventy‑five foot, rather than thirty foot, buffers be required for the
site. Mr. Waldon noted that the thirty foot requirement would apply following
the ultimate widening of NC 86 to five lanes with curb, gutter and sidewalk.
Mr. Waldon said that the buffer could have various widths, with a minimum of
thirty feet of vegetation and some windows of visibility.
Mr. Waldon stated
that the staff's suggested roadway improvements were the same as those
recommended on August 29th, with Chapel Hill North being responsible for one‑half
of the necessary widening of NC 86 and compatible improvements to Weaver Dairy
Road. Mr. Waldon also noted that a traffic signal upgrade is suggested at NC 86
and Weaver Dairy Road. Noting that the Council had previously instructed the
staff to derive a formula for roadway improvements relative to the phasing of
the project, Mr. Waldon said the staff had arrived at a reasonable formula,
tied to the total number of trips at peak hour and by project phases. Mr.
Waldon said the formula contained some margin for error as build‑out
occurs.
Mr. Waldon noted that
the limited use of outparcels was a desirable objective. He added that the
applicant was voluntarily prohibiting drive‑through uses with the
exception of banks. Mr. Waldon briefly reviewed the effects of Ordinances A
through D, noting that the Town Manager recommended adoption of Ordinance C.
Mr. Waldon stated that the long set 0? conditions of approval in the Ordinance
were setting the framework for conditions of approval for individual phases of
the project.
Inquiring about the
timing of roadway improvements, Council Member Werner asked whether roadways
would be constantly torn up throughout construction of the project. Mr. Waldon
responded that roadway improvement projects could be broken into discrete
pieces to minimize disruption.
Noting that traffic
on NC 86 between Weaver Dairy Road and Homestead Road is quite heavy, Council
Member Andresen asked whether this area had been taken into account when
considering the Chapel Hill North proposal. Mr. Waldon responded that
improvements to this section of roadway would be handled by the North Carolina
Department of Transportation or future developers in this immediate area.
Council Member
Andresen asked whether there were any recent traffic counts for the Weaver
Dairy/Homestead portion of NC 86. Mr. Waldon responded that traffic counts had
not been conducted recently in the area, although the situation could be
examined in the near future. Council Member Andresen asked whether gasoline
stations are permitted on outparcels. Mr. Waldon said that gas stations are
permitted in areas having mixed‑use zoning.
Council Member
Andresen said that thirty feet is not a very wide buffer, she inquired what had
been the guiding principle in arriving at this recommended width. Mr. Waldon
said that buffer widths will vary, based on landscape performance standards.
Mr. Waldon noted the importance of screening parking areas with buffers. Mr.
Waldon said that efforts were being made to arrange the site so that parking is
hidden as well as possible by berms and plantings.
Council Member
Wilkerson inquired whether Timber Hollow and Shadowood were good examples of
thirty foot buffers. Mr. Waldon responded that the width of buffer should be
considered within its own context. Council Member Godschalk inquired whether
Mr. Waldon could provide any good examples of quality thirty foot buffers. Mr.
Waldon said he could not, but noted that examples of good buffers are offered
by Duke Power on Homestead Road and the Municipal Operations facility on
Airport Road.
Council Member Werner
asked Mr. Waldon to comment on the apparent conflict between the objectives of
the buffer/entranceway plan and windows of visibility. Mr. Waldon said that
buffers are not intended to render development invisible, but are meant to
soften the effect of development by screening parking areas and related uses.
Council Member
Pasquini inquired whether buffers would always be at least thirty feet in
width. Mr. Waldon said yes. Council Member Pasquini inquired whether the
proposed conditions of approval addressed the phasing of development. Mr.
Waldon said that the resoLution was silent on this point. Mr. Waldon noted that
mixed‑use developments are ultimately tied to local development market
conditions.
Council Member
Pasquini noted that it was possible that some approved portions of the tract
might never be developed. Council Member Pasquini said he appreciated the
restriction on fast food establishments. Council Member Pasquini also said he
was not persuaded that good visibility of structures is essential on
entranceways to the Town.
Mr. Waldon said that
architectural performance standards dictate that buildings in the master plan
should work together and be of similar design, resulting in an integrated and
coordinated manner.
Ron Strom, representing
Chapel Hill North, read a letter from Dr. Robert Reinheimer, a resident of
Northwoods, supporting the efforts of developers of Chapel Hill North. Mr.
Reinheimer's letter stated that Chapel Hill North is a well‑conceived
project which will enhance property values in the area. Dr. Reinheimer's letter
also stated that a thirty foot buffer along NC 86 would be adequate.
Dr. Reinhimer's
letter also expressed the desire for easy access onto NC 86 from Northwood. Dr.
Reinheimer, noting that Chapel Hill North would be an attractive addition to
the area, asked that the Council approve the project.
Mr. Strom said that
it had been approximately three years since the mixed‑use ordinance had
been put into place, and nearly that long since plans for Chapel Hill North had
been brought to the attention of Town planning staff. Mr. Strom stated that he
and his associates had spent many hours on plans for the project, meeting with
Northwood residents and listening to their concerns.
Mr. Strom said he was
pleased to inform the Council that Resolution C was a negotiated document,
wherein no one received 100% of what they had sought. Mr. Strom said that the
goals and intent of the mixed‑use ordinance had been preserved and
enhanced in the resolution. Mr. Strom noted that Chapel Hill North had agreed
to make $500,000 in off‑site improvements.
Mr. Strom added that
a proposed curb cut near the entrance to Northwood had been eliminated. Mr.
Strom requested that the Council adopt Resolution C this evening. Mr. Strom
also requested that if the Council implemented an impact fee ordinance in the
future, Chapel Hill North would receive credit for contributions made prior to
enactment of the ordinance.
Council Member
Andresen noted that Chapel Hill North had agreed to donate additional right of
way, making it unnecessary for right‑of‑way to be taken from
Northwood frontage. Council Member Andresen inquired whether additional
pavement would be needed on the Northwood side of the street. Mr. Strom noted
that actual design work had not been completed, but that the current center
line sits within the sixty foot right‑of‑way. Addressing Mr. Strom
as a resident of Northwood, Council Member Andresen inquired whether buffering
was important to Mr. Strom. Mr. Strom said yes, that buffering was important.
Mr. Strom noted that the bulk of road widening was intended to occur on the
Chapel Hill North side of the road. Council Member Andresen inquired how much
of the proposed project would be brought back to the Council in the near
future. Mr. Strom said he had no idea right now, since he and his associates
were still talking to potential property users such as banks and theaters. Mr.
Strom stated that since many small components were to be integrated, it was
difficult to say when individual submittals would occur.
Council Member
Andresen inquired whether Mr. Strom was planning to be the owner of the
project. Mr. Strom said yes, noting that his group would play the role of
master developer. Mr. Strom added that he did not know how long the group would
remain owner of the project.
Council Member
Pasquini inquired what types of retail uses were envisioned in the project. Mr.
Strom said that car dealerships and discount stores were not envisioned in the
proposed project, since these types of uses would not enhance the Town's
entranceways. Mr. Strom stated that retail sites would be handled sensitively
and with attention to architectural taste to achieve the antithesis of what one
would think of as a strip center. Mr. Strom noted that retail establishments
would be generally upscale in nature.
Council Member
Preston said she liked the retail uses envisioned by Mr. Strom. Council Member
Preston expressed confidence that the developers of Chapel Hill North would
serve as good stewards of the land. Council Member Preston inquired whether
neighborhood residents had been invited to recent Chapel Hill North meetings
and whether the residents had any concerns other than entrances and buffers.
Mr. Strom responded that there had been an informal gathering after the August
29th hearing, which had resulted in some modifications being made to the
proposed master plan.
Alan Rimer noted that
the Planning Board had held one informal discussion about buffering and highway
alignment relative to Chapel Hill North. Mr. Rimer said that the Board
concluded that a variable buffer of thirty feet seemed entirely reasonable,
since the intent was to hide cars, not buildings. Mr. Rimer stated that pine
trees, rather than buffers, currently exist in the Chapel Hill North site area.
Mr. Rimer stated that buffers and berms will have to be installed on the site.
Town Manager Taylor
said he recommended the adoption of Resolution C.
Libby Vesilind, a
member of Northwood Homeowners Association Board, said that there appeared to
be lack of public control over the timing of development. Ms. Vesilind stated
that her association opposed the adoption of resolutions A, B or C,
principally due to safety concerns. Ms. Vesilind said that the existing two
lanes of NC 86 with a turning lane would be inadequate to accommodate traffic
in the area after development. Ms. Vesilind noted that the neighborhood wants
roadway improvements in place prior to development of Chapel Hill North. Ms.
Vesilind expressed agreement with Council Member Andresen and Mr. Waldon that
the traffic impact from Chapel Hill North would extend south on NC 86 beyond
Weaver Dairy Road. Ms. Vesilind stated that there are twenty‑two
driveways located along the mile corridor of NC 86 south of Weaver Dairy Road.
Ms. Vesilind stated that Chapel Hill Police Department statistics indicate that
eleven accidents occurred on NC 86 between Homestead and I‑40 in 1988,
compared to fifty‑four to date during 1989. Ms. Vesilind expressed
concern that the North Carolina Department of Transportation had no funding
available to improve NC 86. Ms. Vesilind said that infrastructure should be
allowed to catch up to development.
Ms. Vesilind said she
also opposed Chapel ?ill North since the Town's mixed‑use ordinance is
currently under review.
Ms. Vesilind urged
the Council to take the broadest possible view of Resolution C, since Chapel
Hill North met bare minimum requirements for buffering and other requirements.
Ms. Vesilind also stated that the appeal for a window of visibility was
questionable, since site topography would permit site vegetation to remain
undisturbed. Ms. Vesilind also urged the Council to require a seventy‑five
foot buffer, in order to provide a forest appearance, making slanted cuts for
passing traffic. Ms. Vesilind stated that safety was minimally addressed by
gradual roadway improvements.
Ms Vesilind said she
agreed with the restriction on fast food and related uses in outparcels. She
also asked that the council not permit convenience stores or gas stations. Ms.
Vesilind concluded her remarks by asking those in the audience supporting her
statements to rise.
Fred Simon, 209
Country Road, said that Chapel Hill North would impact contiguous properties.
Mr. Simon stated that NC 86 is the key element in infrastructure supporting the
Chapel Hill North development. Mr. Simon showed a diagram of the area, noting
that turning left from Eubanks Road onto NC 86 at 7:45 a.m. is very difficult.
Mr. Simon said that the proximity of entrances to traffic signals will cause
problems, since the area is already congested.
Mr. Simon questioned
why piecemeal project construction should be allowed in Chapel Hill North,
noting that financing for the project might be considered questionable.
Mr. Simon showed a
map detailing driveways on NC 86. Mr. Simon said that many of driveways are
blind or located on curves. Mr. Simon noted that his wife had recently been
involved in a nine car accident in this area. Mr. Simon concluded his remarks
by stating Chapel Hill North is located on a traffic artery in need of
improvement. Mr. Simon said he thought the proposed project was a bad idea.
Larry Benninger, 109
Autumn Lane, said it was undesirable to locate gas stations and fast food
outlets on outparcels. Mr. Benninger said he had concerns about gas stations:
curb cuts and proximity to water wells in the Northwood neighborhood. Mr.
Benninger added that he did not think that Chapel Hill North would maintain or
enhance property values in his neighborhood. Mr. Benninger said that already
traffic conditions in the Northwood area would probably only become worse.
David Jones, 3202
Whitfield Road in the Stoneridge neighborhood, said he was concerned about the
state of NC 86 and the conditions of approval which would give the developer of
making phased improvements. Mr. Jones also expressed concern that it would be
a long time before 316,500 square feet of the project are occupied, the point
at which roadway improvements would need to be completed. Mr. Jones said that
improvements to NC 86 were needed immediately, but North Carolina Department
of Transportation improvements could take up to seven years to complete.
Michael Follo, 104
Autumn Lane, said he was not against the development per se, since everyone
has a right to develop property and the developers had shown good faith.
Speaking as a geologist, Mr. Follo saw he was concerned about the possible
siting of gasoline stations in Chapel Hill North. Mr. Follo said he moved into
Northwood in August and had found it unsafe to ride his bicycle to work along
NC 86. Mr. Follo said public safety should take precedence over all other
considerations in this situation.
Charles Johnston, a
resident of Whitfield Road, noted that residents of Northwood should not blame
Chapel Hill North for bad planning in the past. Mr. Johnston stated that a
sensible solution would be to close the entrance at Northwood Drive and NC 86
and install a traffic signal at Eubanks Road. Mr. Johnston, noting that he had
formerly owned the proposed Chapel Hill North site, stated that he had fought
the present alignment of Interstate 40.
Mr. Johnston said
that NC 86 is dangerous between Homestead and Weaver Dairy Roads and needs
attention by North Carolina Department of Transportation officials. Mr.
Johnston said he thought the proposed plans for Chapel Hill North were very
feasible. Mr. Johnston suggested that the shopping center be buffered from the
Northwood neighborhood.
Mr. Strom said he
accepted the conditions of project approval outlined in Resolution C.
COUNCIL MEMBER
HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER GODSCHALK, TO ADJOURN THE HEARING.
THE MOTION WAS ADOPTED UNANIMOUSLY (9‑0).
Council Member
Godschalk inquired whether additional curb cuts were proposed along NC 86. Mr.
Waldon responded that the master plan indicated the proposed location of curb
cuts. Mr. Waldon noted that a maximum of two curb cuts would be permitted along
NC 86.
Council Member
Andresen noted that she had come to the meeting this evening prepared to vote
in favor of Chapel Hill North. Council Member Andresen said she had been
consistently concerned about buffering of the project. Council Member Andresen
stated that neighborhood residents had done a excellent job of bringing traffic
concerns to the Council's attention this evening. Council Member Andresen
stated that public safety concerns had not been adequately addressed. Council
Member Andresen also suggested that phasing should be examined within the
context of mixed‑use plans.
Council Member Werner
expressed concern that the phasing of roadway improvements was too ill‑defined.
Council Member Werner said specific solutions were needed for NC 86
improvements.
Council Member
Wilkerson stated that no attention had been given to how Northwood residents
would access NC 86. Council Member Wilkerson said that the proposed Eubanks
Road solution was inadequate.
Council Member
Godschalk stated that any roadway improvements were based on peak hour trips
multiplied by a factor of one and a half, meaning that developers would pay for
150% of needed improvements. Council Member Werner said he concurred about the
fairness of the approach, but the resolution lacked a program for the use of
these funds. Council Member Godschalk inquired whether Council Member Werner
sought an additional condition in the resolution, outlining Town roadway
priorities. Council Member Werner said this is what he sought, along with a
minimum special use permit size. Council Member Werner inquired why payment in
lieu for roadways had been proposed. Town Manager Taylor said this option had
been offered by the developer. Town Manager Taylor noted that the staff had
tried not to be specific about roadway and traffic signal improvements.
Council Member Godschalk inquired whether it would be possible for the Town to
use its own funds for roadway improvements, if a priority system were adopted
with guarantees by the developer. Town Manager Taylor said this would be
possible.
Council Member
Wallace said that payment in lieu would fall far short of anticipated
construction costs. Council Member Wallace stated that is was difficult to get
payment in lieu translated into action. Council Member Wallace said payment was
a means of delaying road improvements while project construction proceeded.
Mayor Howes, noting that he did not think a compromise would be reached by the Council this evening, stated a motion was in order.
Council Member Pasquini noted that buffering and phasing concerns needed to be addressed in addition to traffic concerns.
Council Member Preston said she was inclined favorably toward the project, expressed concern about Northwood access and suggested that traffic signalization was possible in the future.
Council Member Wilkerson said he would be inclined to vote against Chapel Hill North if a vote were taken this evening. Council Member Wilkerson stated that some matters, including buffering, remained to be resolved. Council Member Wilkerson noted that he was pleased about the input of the Planning Board about buffering.
Mayor Howes noted that there were nineteen proposed conditions of approval, with the number gradually increasing.
COUNCIL MEMBER PASQUINI MOVED, SECONDED BY COUNCIL MEMBER WILKERSON, TO REFER THE MATTER TO THE TOWN MANAGER.
Town Manager Taylor suggested that the Council make a motion to reopen the public hearing and recess it to January 23, 1990 to ' accept any new evidence and then close the hearing at that time.
Mayor Howes said it bothered him that close to two hours had been spent on the hearing this evening, this being the fourth time that the Council had held a two hour hearing on this proposal. council Member Godschalk said he intended to vote against reopening the hearing, since the Council had the power to move ahead on the matter at present. Council Member Godschalk said the Town Manager and developer had done fruitful work on the conditions of approval for the project. Council Member Godschalk said that concerns raised this evening could be addressed by the Council and staff in the very near future. Mayor Howes stated that the Council should be prepared to vote and make amendments when coming to the table at the January 23rd meeting.
Council Members Pasquini and Wilkerson agreed to withdraw their earlier motion.
Council Member Werner stated that Chapel Hill North was one of the most major project proposals to come before the Council in the last four years. Council Member Werner said he did not feel that the amount of time devoted to the project had been disproportionate nor had the Council's time been wasted.
COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER WALLACE, TO REOPEN THE PUBLIC HEARING. THE MOTION WAS ADOPTED 8‑1, WITH COUNCIL MEMBER GODSCHALK VOTING NO.
COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER WALLACE, TO RECESS THE HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (9‑0)‑
COUNCIL MEMBER PASQUINI MOVED, SECONDED BY COUNCIL MEMBER WILKERSON, TO RECESS T?E HEARING TO JANUARY 23, 1990. THE MOTION WAS ADOPTED UNANIMOUSLY (9‑0).
Nomination
to Parks and Recreation Commission
COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO NOMINATE TONY HATCHER BY ACCLAMATION. THE MOTION WAS ADOPTED BY ACCLAMATION.
Proposed Parking Facility
Council Member Wallace said that the Council committee had received thirteen inquiries from contractors concerning the proposed parking facility. Council Member Wallace noted that five of the contractors had been interviewed, with two finalists selected from this group. Council Member Wallace stated that a contract for the project had been derived from consultations with Town Manager Taylor, Public Safety Director Horton and local architect Michael Hining.
Council Member Wallace noted that Mr. Horton was directing the staff efforts to plan the parking garage project, including ways to obtain extensive public participation and to achieve efficient operations of the facility. Council Member Wallace noted that Mr. Hining had been employed by the Town to design the project and to work through the related processes. Council Member Wallace noted that if Resolution 5 were adopted, Town Manager Taylor could sign the contract entering into an agreement for design of the parking facility.
Ken Jackson, speaking on behalf of the Citizen's Volunteer Parking Committee, said he appreciated the opportunity to address the Council. Mr. Jackson said the committee was composed of local citizens who live and work in the downtown area. Mr. Jackson stated that the group had fourteen active members. Mr. Jackson thanked Mr. Horton for his information and input with the committee's efforts. Mr. Jackson said the committee hoped that a public plaza and parking facility could come to fruition, in order that people would be attracted to shop downtown with greater frequency. Mr. Jackson said the committee requested that the Council approve the contract with the architect in the best interest of those wanting to visit and shop in downtown Chapel Hill.
Council Member Godschalk noted that Mr. Jackson had been very active in the debate surrounding the use of parking lot number one. Council Member Godschalk, noting that he had been receiving the minutes of the committee, observed that many of the group's members had opposed Rosemary Square and had brought suit against that proposal. Mr. Jackson stated that this was correct. He noted that the committee consisted of a good cross‑section of Town citizens. Mr. Jackson stated that the group normally met at Village Bank and would welcome input from any interested parties.
COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER
ANDRESEN, TO ADOPT RESOLUTION 5.
Council Member Werner noted that three of the four council members serving on the committee felt strongly about the inclusion of commercial activities in the facility. Council Member Werner suggested changing the second sentence in the contract to delete the word "may" and substitute the word "shall". Both Council Member Preston and Council Member Andresen were agreeable to this change in language.
Council Member Godschalk inquired whether the project architect had experience in the design of parking garages. Council Member Preston stated that Wilbur Smith and Associates had previous experience with parking lot structures. Council Member Preston noted that Mr. Hining's strengths lie in designing the project and integrating it into the downtown area.
Mr. Hining stated that he had never personally designed a parking structure, but wilbur Smith and Associates had previously constructed similar projects.
Council Member Godschalk inquired whether the project would pay for itself. Mr. Hining responded that this would be a function of what was included in the project. Council Member Godschalk asked how the project would be financed. Mr. Hining said this had not been determined. Council Member Werner noted that a financial feasibility study would be conducted in the future.
Council Member Godschalk inquired about a sign he had seen at the NCNB Plaza parking garage, offering parking at $1 per day. Town Manager Taylor said this rate applied only at night, with $5 being the standard day rate at the facility.
THE MOTION, AS AMENDED, CHANGING THE WORD "MAY" TO "SHALL" WAS ADOPTED UNANIMOUSLY (9‑0).
A RESOLUTION APPROVING A CONTRACT FOR ARCHITECT/ENGINEER SERVICES AND A DESIGN DEVELOPMENT PROCESS FOR A PARKING FACILITY (89‑11‑30/R‑5)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves:
(a) the contract for architect/engineer services with Michael Hining, and
(b) the design development process for development of a parking facility and appurtenant facilities
as recommended by the Council Committee on Parking Lot Number One and Related Matters in their report dated November 30, 1989.
This the 30th day of November, 1989.
Council Member Wallace stated that a definition of who would pay for what would be made in the future.
Coates
Drainage Petition
Town Engineer George Small stated that a request had been received for cost‑sharing by the Town for stormwater drainage improvements at 304 West Franklin Street. Mr. Small noted that some of the Council Members had visited the site. Mr. Small stated that the project had presented an opportunity for the Town to get drainage improvements in the area. Mr. Small noted that the Town has a drainage assistance program which is mainly used for residential drainage situations, providing labor and equipment for small scale improvements.
Mr. Small said that the program was not intended to address situations such as the one presented in Mr. Coates petition. Mr. Small noted that if the Council chose to provide financial assistance to Mr. Coates, it would be important to agree on what costs were covered. Mr. Small suggested that any assistance granted could come from Town stormwater management funds.
C. J. (Joe) Coates said a memorandum had been forwarded to the Council concerning his situation. Mr. Coates stated that storm sewer pipe at 304 West Franklin Street had been undersized, deteriorated, and obsolete at the inception of his project. Mr. Coates showed several pictures of drainage pipe at his site to the Council.
Mayor Howes inquired whether flooding would still occur in the area following installation of the new drainage system. Mr. Small said flooding would be less likely to occur. Mr. Coates said that during a heavy rain approximately one month ago, pipes on a Franklin Street junction box had been filled to capacity, while a 54" pipe on his site had been only one‑quarter filled at that time. Mr. Coates noted that he had copies of invoices available documenting the additional costs of drainage at his site.
Council Member Godschalk inquired whether the staff had determined if the system improvements would result in community benefits beyond the site. Town Manager Taylor said that this determination had not been made. Mr. Taylor noted that Mr. Small would work out a fair distribution of costs between Mr. Coates and the Town.
Council Member Wilkerson inquired about the criticality of timing in reimbursing Mr. Coates. Mr. Coates stated that all improvements had been made at his own expense. Mr. Coates said he would like to achieve a resolution before the end of the year, if possible.
COUNCIL MEMBER GODSCHALK MOVED, SECONDED BY COUNCIL MEMBER WALLACE, TO REFER THE MATTER TO THE TOWN MANAGER, REQUESTING THAT THE STAFF MEET WITH MR. COATES TO ACHIEVE A MUTUALLY AGREEABLE RESOLUTION. THE MOTION WAS ADOPTED UNANIMOUSLY (9‑0).
Cable
Television
Assistant to the Town Manager Greg Feller said that this evening's report was being made in response to a request of the Council at their July 10th meeting. Mr. Feller said that Carolina Cable is aware of the concerns of its customers and is working to address these difficulties. Mr. Feller stated that the Town Manager recommended that the Council receive the report now and the staff will report back to the Council as appropriate.
Council Member Andresen inquired when the franchise agreement between the Town and Carolina Cable would expire. Mr. Feller said the agreement would expire in 1994. He added that negotiations for the agreement would begin two to three years in advance.
Randy Houser, General Manager of Carolina Cable, thanked the Council for extending the time in which to make system improvements. Mr. Houser stated that several operational changes had been recently initiated by Carolina Cable, including answering telephones until 9:00 p.m. Mr. Houser also noted that telephone operators had received instruction in certain technical elements, thereby improving service response times. Mr. Houser also said that surge protection for the cable system would be provided in the near future for areas such as Cedar Fork Trail. Mr. Houser also noted that construction of cable television in the Chesley, Chandler's Green, Tandler and other subdivisions had been recently completed.
Mayor Howes said his office had received numerous complaints concerning cable service. Noting that there was still room for service improvement, Mayor Howes added that he was beginning to receive some favorable comments about Carolina Cable responsiveness. Council Member Preston observed that one of her neighbors was delighted about new cable services coming on‑line.
COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER GODSCHALK, TO RECEIVE THE REPORT ON CAROLINA CABLE SERVICES. THE MOTION WAS ADOPTED UNANIMOUSLY (9‑0).
Mr. Feller read a letter from Carolina Cable, outlining the future availability of three new programming channels including Home Team Sports, American Movie Classics and TNT. Mr. Feller noted that adoption of the franchise change on first reading was recommended to the Council.
Mr. Houser stated that programming on three local access channels would be consolidated to permit the addition of the three new services.
Council Member Wallace inquired whether it was correct that the cable franchise ordinance provides that writ?en notice must be given up to ninety days in advance of programming changes. Mr. Houser said this was correct.
Council Member Wallace noted that six local access channels had been originally requested at the time of initial franchise negotiations.
Mr. Houser noted that efforts were underway to have additional programming on the University access channel.
COUNCIL MEMBER PASQUINI MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO APPROVE ORDINANCE 2 ON FIRST READING. THE MOTION WAS ADOPTED UNANIMOUSLY (9‑0).
AN ORDINANCE AMENDING THE ORDINANCE GRANTING A FRANCHISE TO VILLAGE CABLE, WHICH FRANCHISE WAS TRANSFERRED TO PRIME CABLE INCOME PARTNERS (89‑11‑30/0‑2)
WHEREAS, by letter dated November 9, 1989, the General Manager of Carolina Cable on behalf of Prime Cable Income Partners LP, has requested a franchise modification so that additional programming can be added;
BE IT ORDAINED by the Council of the Town of Chapel Hill that the Council hereby amends the ordinance, as amended, granting a franchise to Prime Cable Income Partners L.P. as follows:
Except as provided below, the cable television franchise holder may combine (1) public access programming, (2) the home shopping guide/ consumer/business/leased access programming and (3) local origination programming on one channel in basic service tier 1. In such event, the franchise holder shall add to the tier 3 basic service non‑premium (non‑pay channel) programming emphasizing sports or entertainment such as some Team Sports.
Provided, that the Town of Chapel Hill retains the right, upon written notice to the franchise holder 90 days in advance, to require that the public access, home shopping guide/consumer/business/leased access and local origination programming be provided on separate channels pursuant to the franchise amendment adopted January 10, 1983.
All other franchise provisions, except as modified herein or subsequently amended, shall remain in effect.
This the 30th day of November, 1989. (First reading)
Library
Automation
Assistant Town Manager Sonna Loewenthal stated that acquiring the library automation system would allow the staff to expedite the check‑out process permitting the staff to spend more time with patrons, keep up with circulation of materials and minimize the loss of materials. Ms. Loewenthal stated that the field had been narrowed from four vendors to two, with Innovative Interfaces submitting the superior proposal, although it did not submit the low bid. Ms. Loewenthal also noted that Innovative Interfaces provided all five requested modules, while Dynix had only provided four.
Ms. Loewenthal said that following the review of specifications, a smaller system was recommended to address the needs of the library through the year 1993. Ms. Loewenthal noted that additions could be made incrementally as needed. Ms. Loewenthal also stated that performance guarantees would need to be met before the final payment was made to the vendor. Ms. Loewenthal suggested that an escrow system could be used, whereby a third party could maintain programming codes for the automation system.
Ms. Loewenthal added that a grant would cover 25% of the cost of the system. She also noted that the Library Board of Trustees recommended that Innovative Interfaces be used as the vendor for the system.
Noting that Innovative Interfaces was the higher of the two bids, Council Member Godschalk inquired what differences there would have been in the Dynix system. Ms. Loewenthal responded that this matter was not explored further, since the system would have been too small and would have become obsolete. Council Member Godschalk, noting that great strides were being made in computer programming, suggested that the best way to proceed was to buy commercial software packages instead of using a turnkey system. Ms. Loewenthal said that the Library automation consultant, Sue Epstein, could address these concerns. Council Member Godschalk said he wanted to know whether the Town had any alternatives to a turnkey system. Ms. Epstein responded that a turnkey system was needed, since the type of system being automated was very complex. Ms. Epstein noted that commercially available software would not be upgradeable to meet the Town's own needs.
Council Member Godschalk said he would vote against the resolution, since he was unconvinced that now is the correct time to be investing in the Innovative Interfaces type of system.
Council Member Wallace said it was not desirable to pay opportunity costs over the next four years. Council Member Wallace said that in effect the Town was currently losing money in the way some library operations are handled. Council Member Wallace said that automation of library efforts in the near term would be useful.
COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER WILKERSON, TO ADOPT RESOLUTION 7. THE MOTION WAS ADOPTED 7‑2, WITH COUNCIL MEMBERS GODSCHALK AND PASQUINI VOTING NO.
A RESOLUTION ACCEPTING BIDS AND AWARDING OF CONTRACT FOR LIBRARY AUTOMATION SYSTEM (89‑11‑30/R‑7)
WHEREAS, the Town of Chapel Hill has solicited formal bids for a library automation system and equipment; and
WHEREAS, the following bids have been received and opened on April 12, 1989:
Dynix Corporation $223,155
Inlex $345,228
Unisys $355,208
Innovative Interfaces $360,055
and
WHEREAS, the bids and proposals were subjected to an extensive evaluation process resulting in a determination that the bid of Innovative Interfaces, Inc. was the bid which most closely provided the system capabilities specified by the Town; and
WHEREAS, a phase one installation of 30 terminals in the existing library will temporarily accommodate library service needs; and
WHEREAS, the new library may require additional terminals in the new library, resulting in an additional phase two installation cost of approximately in 1997;
NOW, THEREFORE BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town accepts the bid of Innovative Interfaces, Inc., not to exceed a total of $276,500 for a library automation system and for related equipment.
BE IT FURTHER RESOLVED that the Town Manager is authorized to purchase terminals and related equipment locally and to reduce the amount of the Innovative Interfaces contract accordingly.
This the 30th day of November, 1989.
Acceptance
of Manager Resignation/Designation of Interim Manager
Council Member Herzenberg suggested that the words "with regret" be added to resolution 8.1.
COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO ADOPT RESOLUTION 8.1. THE MOTION WAS ADOPTED UNANIMOUSLY (9‑0).
A RESOLUTION ACCEPTING THE RESIGNATION OF DAVID R. TAYLOR AS TOWN MANAGER (89‑11‑30/R‑8.1)
BE IT RESOLVED by the Town Council of Chapel Hill that the Council hereby accepts, with regret, the resignation of David R. Taylor as Town Manager effective December 31, 1989.
This the 30th day of November, 1989.
COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER PASQUINI, TO ADOPT RESOLUTION 8.2. THE MOTION WAS ADOPTED UNANIMOUSLY (9‑0).
BE IT RESOLVED by the Town Council of Chapel Hill that the Council hereby appoints Sonna M. Loewenthal as Interim Town Manager effective January 1, 1990 pursuant to N.C.G.S. 160A‑150.
This the 30th day of November, 1989.
Trolley
Advertising
Transportation Director Bob Godding stated that the Town staff was responding to a request from the Downtown Commission Corporation requesting interior advertising on the two downtown trolleys. Mr. Godding said that advertising rates would be the same as for the Town's bus system. Mr. Godding noted that the Downtown Commission staff would administer the advertising program.
COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER GODSCHALK, TO ADOPT RESOLUTION 9. THE MOTION WAS ADOPTED UNANIMOUSLY (9‑0).
A RESOLUTION TO AMEND THE TRANSPORTATION USER FEE POLICY TO INCLUDE RATES FOR TROLLEY ADVERTISING, AND TO AUTHORIZE THE MANAGER TO EXECUTE A CONTRACT AMENDMENT WITH THE DOWNTOWN COMMISSION TO ALLOW A TROLLEY ADVERTISiNG PROGRAM (89‑11‑30/R‑9)
WHEREAS, the Town has entered into an agreement with the Chapel Hill/Carrboro Downtown Commission Corporation to provide for public services including trolley shuttle services; and
WHEREAS, the Council has previously adopted a User Fee Policy for the Transportation Department; and
WHEREAS, the Downtown Commission has determined that there is some demand for interior advertising on the trolleys and has requested that the Town work with them to develop a program to allow such advertising;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill:
That the User Fee Policy for the Transportation Department be amended to include the following advertising rates for trolley advertising:
TROLLEY ADVERTISING
Location Rate per month
Rear Deck, middle $500
Rear Deck, side $250
Door Transom, rear $350
Door Transom, front $200
BE IT FURTHER RESOLVED that the Manager be authorized to execute an amendment to the service agreement with the Downtown Commission to provide for a program of advertising in the Trolleys, and for the net revenue from the program to be transferred to the Downtown Commission to cover the cost of administering trolley advertising, trolley promotion, and the capital improvements program included in the service agreement.
This the 30th day of November, 1989.
Consent
Agenda
COUNCIL MEMBER GODSCHALK MOVED; SECONDED BY COUNCIL MEMBER PRESTON, TO ADOPT THE CONSENT AGENDA AS PRESENTED. THE MOTION WAS ADOPTED UNANIMOUSLY (9‑0).
A RESOLUTION ADOPTING VARIOUS RESOLUTIONS (89‑11‑30/R‑10)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the resolutions as submitted by the Manager in regard to the following:
a. Authorizing Deed of Trust regarding public housing improvements funded with federal grant (R‑11).
b. Awarding contract for "mat and seal" paving improvements to five streets (R‑12).
This the 30th day of November, 1989.
A RESOLUTION AUTHORIZING EXECUTION AND RECORDING OF DEC??RATION OF TRUST (89‑11=30/R‑11)
WHEREAS, pursuant to the provisions o the United States Housing Act of 1937, the Department of Housing and Urban Development (HUD) provides financial assistance to public housing agencies; and
WHEREAS, the Town of Chapel Hill (PHA) has entered into an Annual Contributions Contract or Amendment thereto with HUD in order to receive such assistance; and
WHEREAS, HUD has required, as a condition to the provision of such assistance, the execution and recording of a Declaration of Trust;
NOW, THEREFORE, BE IT RESOLVED by the PHA as follows:
Section 1. That the Chairman or Vice Chairman is hereby authorized and directed to execute the Declaration of Trust for Project No. NC 1,2,4,5 on the for? prescribed by HUD, and the Secretary is hereby authorized and directed to impress the seal of the Authority thereon and attest to it.
Section 2. The Secretary is directed to cause said Declaration of Trust to be recorded in the appropriate office of public records of the County in which the Project is located. After recording, the Secretary is directed to transmit said document, together with one certified copy thereof to the Department of Housing and Urban Development.
RECORDING OFFICER'S CERTIFICATION
I, David R. Taylor, the duly appointed, qualified, and acting Secretary of the Town of Chapel Hill (PHA), do hereby certify that the above Resolution No. 89‑11‑30/R‑11 was properly adopted at a regular or special meeting properly held on November 30, 1989.
In testimony whereof, I have hereunto set my hand and the seal of the Town of Chapel Hill (PHA), this 30th day of November, 1989.
(SEAL) ___________________________
Signature
A RESOLUTION AWARDING A CONTRACT AND ACCEPTING BID FOR MAT AND SEAL STREET IMPROVEMENTS (89‑11‑30/R‑12)
WHEREAS, the Town of Chapel Hill has solicited formal bids by advertisement in The Chapel Hill Newspaper on October 29, 1989, in accordance with G.S. 143‑129 for mat and seal improvements; and
WHEREAS, the following bids were received and opened on November 9, 1989:
Bidder Amount
Riley Paving Company $15,658.40
REA Construction Company $21,160.00
Lee Paving Company $24,799.52
Propst Construction Company $26,492.32
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town accepts the low bid of Riley Paving company in the amount of $15,658.40 and awards the contract for mat and seal improvements on five Town streets as outlined in plans and specifications.
This the 30th day of November, 1989.
Town Manager Taylor noted that there was no need for an Executive Session this evening.
COUNCIL MEMBER PASQUINI MOVED, SECONDED BY COUNCIL MEMBER GODSCHALK, TO ADJOURN. THE MOTION WAS ADOPTED UNANIMOUSLY (9‑0).
The Council meeting stood adjourned at 11:48 p.m.