MINUTES OF A REGULAR MEETING OF THE TOWN COUNCIL OF CHAPEL HILL, NORTH CAROLINA, MONDAY, MARCH 25, 1991 AT 7:30 P.M.

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

Mayor Howes commended and encouraged the well-manner restraint and appropriate exuberance of Tarheel basketball fans in the Team's quest for the national championship. He expressed hope that there would be future cause for celebration and that this celebration would be equally well-done.

Ceremony

Mayor Howes called upon Solid Waste Planner Blair Pollock and Recycling Coordinator Wendy McGee to come forward to be recognized. Mayor Howes noted that the Orange County recycling program had recently been recognized by the North Carolina Recycling Association as the outstanding urban program in the state. Extending congratulations to Mr. Pollock and Ms. McGee, Mayor Howes asked whether either had brief remarks. Ms. McGee said that the award belong to all of Orange County and would not have been possible without the local media's assistance in promoting recycling education and awareness. Mr. Pollock said that the County's recycling program was a comprehensive one, leading the way in terms of multi-family pick-up points. He thanked the Council for its support of the recycling program during its four years of existence.

Petitions

Estelle Mabry, representing the Alliance of Neighborhoods, requested that the public meeting concerning the University's land-use plan be moved to the Town Council Chamber for cablecasting purposes. Mayor Howes inquired how the University had responded to this suggestion. Ms. Mabry indicated that she had been unable to contact officials on this matter. Mayor Howes noted that the meeting dealt with matters coordinated by University personnel. He added that the University was holding several briefings on the proposed plan. Council Member Andresen said there was nothing inappropriate in making the Chamber available to University officials, if they chose to use the facility. She noted that there would be future opportunities for the Council to discuss the University's revised land-use plan proposal. Council Member Werner said the most pertinent question was whether or not two days was adequate time to arrange for cablecasting of the meeting. Mayor Howes said the staff would explore options with University officials concerning the location of the briefing.

Council Member Andresen requested Council support of a resolution requesting the State Legislature to place higher taxes on beer and tobacco products. She requested that the staff draft an agenda item on this topic for Council consideration on April 8th. Council Member Herzenberg said he encouraged taxing of the producer, rather than the consumer. Mayor Howes said he encouraged proposals which urged general enhancement of revenues. Mayor Howes said that additional revenues were desirable and necessary. Council Member Rimer noted that cigarettes in Canada average $5 per box and $40 per carton.

Minutes of February 25, March 4 and 6,1991

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO ADOPT THE MINUTES OF FEBRUARY 25TH AS PRESENTED. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

COUNCIL MEMBER PRESTON REQUESTED TWO REVISIONS TO THE MINUTES OF MARCH 4TH AS PRESENTED. COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO ADOPT THE MINUTES OF MARCH 4TH AS REVISED. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

NP--p.20--good thing to send to legislature--didn't see why it is not possible for Town and University to share proceeds; Consent Agenda--pulled C--pull out of assemblage.

COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADOPT THE MINUTES OF MARCH 6, 1991 AS PRESENTED. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Southern Community Park

Town Manager Horton said the Town was presenting information in the dual roles of regulator and owner on this application. He noted that a phasing plan for the project had been prepared for Council consideration.

Parks and Recreation Director Mike Loveman briefly reviewed the proposed site plan and key issues, including the provision of temporary parking, costs of roadway realignment for Dogwood Acres Drive, and funding of the proposed park and ride lot. Mr. Loveman said the estimated project cost, excluding the park and ride lot, was $5,275,000. He briefly reviewed the four phases of proposed development, noting that combining phases one and two would achieve cost efficiencies such as lower engineering and design costs.

Parks and Recreation Commission Chairperson Eleanor Scandlin said that the Commission was pleased that bond funds were available for the development of the Southern Community Park. Ms. Scandlin urged the Council to positively consider the park development application.

Greenways Commission Chairperson Kathy Harris said that voters had approved bonds for open space, open areas and green places, rather than parkland acquisition.

Council Member Werner requested clarification of right-of-way location along U.S. 15-501, adjoining the proposed Southern Community Park. Mr. Loveman clarified the location, noting that the staff hoped that the roadway could continue to serve as an attractive entranceway to the Town. Noting that the proposed buildout would occur over twenty years, Council Member Werner inquired whether the State Department of Transportation might realign Dogwood Acres Drive in concert with the widening of U.S. 15-501. Mr. Horton responded that there was no certain date for the widening of U.S. 15-501. He added that the alignment of Dogwood Acres Drive was related to the best use of the Southern Community Park property.

Council Member Wilkerson noted that the Council had recently been presented an interesting proposition concerning soccer fields in the Glen Lennox area. Council Member Werner said that Chancellor Hardin was enthusiastic about a lease agreement between the Town and University of use of the fields. Mr. Horton noted that the agreement would not displace the Rainbow Soccer Association, which currently made extensive use of the facilities. Council Member Herzenberg inquired about the length of the proposed lease agreement. Council Member Werner said that Mr. Horton would report back to the Council on this matter. Council Member Preston inquired whether a Town soccer program was being proposed for the facility. Mr. Horton said no, emphasizing sensitivity toward the existing Rainbow Soccer program.

Council Member Preston inquired about actual referendum language presented to voters concerning the open space bond referendum. Mr. Horton said the language gave the Council authority to develop recreational facilities. Mr. Horton said he had reviewed literature published by the Town and concluded that the Council could use the funds for a variety of purposes. Mr. Horton said he would provide the actual referendum language to the Council in the future.

Council Member Andresen expressed hope that the Town staff would work with University officials to develop alternatives for use of the soccer fields in the Glen Lennox area, since the Southern Community Park proposal would take several years to plan and develop. Council Member Andresen inquired whether the proposed park and ride lot was the driving force behind the request for the special use permit approval. Council Member Rimer inquired whether the major objective of Phase II was to provide soccer fields. Mr. Loveman said this was one of the objectives in this phase, along with the realignment of Dogwood Acres Drive and the siting of the park and ride lot. Mr. Loveman said the special use permit plan application was based on a master concept plan previously approved by the Council.

Council Member Rimer suggested that the Council consider postponing work on the Southern Community Park for a number of years. He suggested that the Town could alternatively upgrade the soccer and ball fields at the Rainbow Soccer/Glen Lennox site. Council Member Rimer also suggested that the staff explore options for creatively financing the realignment of Dogwood Acres Drive.

Council Member Wallace said the purpose of the 1989 open space bond referendum was to purchase land related to greenways, entranceways, and placid open space. Council Member Wallace said he was disappointed that these priorities appeared to be subordinate to parks and recreation priorities. He stated that the present time was not an appropriate time for the issuance of a special use permit for the project. Council Member Wallace urged the Council to consider postponement of the special use permit request. Council Member Werner noted that proposed financing, rather than the special use permit request, was currently being considered by the Council.

Mr. Waldon briefly reviewed the special use permit application and key issues. He noted that the Small Area Planning Group was exploring the need for roadway connections in the vicinity of the Southern Community Park. Mr. Waldon said that the staff's prelimianry recommendation was the adoption of Resolution A.

John LeMaster, 106 Priestly Creek Drive, requested that the Council defer allocation of funding for the Southern Community Park project. Mr. LeMaster said the park location was outside the Town limits and rather remote. He added that the park plan seemed premature and the repositioning of Dogwood Acres Drive was not cost-effective. Mr. LeMaster expressed his support for the Rainbow Soccer/Glen Lennox proposal presented by Rosemary Waldorf at an earlier Council meeting.

Adrian Cubberley expressed his concurrence with Council Member Andresen's and Wallace's remarks concerning the Southern Community Park proposal. Mr. Cubberley said the site was more than a mile outside the Town limits, with no provisions for stormwater drainage in the area. He stated that there was insufficient population growth in the Town to warrant development of the park in the near future. Mr. Cubberley suggested that the staff further investiage the Rainbow Soccer/Glen Lennox facility proposal.

Philip Sullivan, representing the Oaks Villas Homeowners Association, said that there was no verifiable demand for additional soccer facilities in the Town. He added that many Town residents did not realize that the proposed site was located outside of the Town limits. Mr. Sullivan said he did not believe that Town funds should be expended for land and facilities outside the Town limits.

Rosemary Waldorf expressed her appreciation to Mayor Howes and Council Member Werner for their assistance in investigating the Rainbow Soccer/Glen Lennox facility proposal.

Mr. Horton said that the Town acting as applicant accepted the proposed conditions of approval outlined in Resolution A.

Mayor Howes noted that the special use permit application was an elaboration of the earlier approved master plan. He inquired about proposed construction dates for the project. Mr. Horton responded that the staff hoped to receive additional information concerning the parking lot in the near future, perhaps by May. He added that the staff was hoping to receive long-range guidance from the Council concerning the proposed site plan.

Council Member Werner inquired whether the park and ride lot was dependent on the special use permit approval. Mr. Horton responded that it would be possible to adapt a special use permit application solely for the park and ride lot. Council Member Werner inquired

whether the adoption of the special use permit would accommodate anything other than construction starting dates. Mr. Horton stated that the permit would also guarantee that development standards would be met for the project. Council Member Werner asked whether the conceptual plan differed from the special use permit in terms of design. Mr. Horton said they did not. Mayor Howes said that the conceptual plan outlined the Council's for use of the Southern Community Park site. Council Member Rimer asked whether starting dates were required for special use permits. Mr. Karpinos responded that they were strongly recommended, to prevent speculation for future sale. Mr. Karpinos said it was desirable to treat the Town in the same manner as private developers.

Council Member Andresen said she was not inclined to vote in favor the special use permit as proposed. Council Member Andresen stated that she would favor a special use permit for the proposed park and ride lot. She also encouraged the Town stafff to pursue further long-term planning for the Southern Community Park site. Council Member Preston expressed her concurrence with Council Member Andresen's remarks. Council Member Preston added that she had no problem with the proposed long-range plan, but suggested development of a separate special use permit for the proposed park and ride lot. Council Member Preston also suggested that the existing special use permit application be deferred, rather than denied. Council Member Herzernberg noted that the Council regularly extended or amended special use permits. Council Member Herzenberg said he shared the concerns of some citizens about financial considerations. He also noted that the special use permit vote was not one on financial matters.

Council Member Rimer stated that the principal issue revolved around long-range planning. He noted that the Boston Commons attracted similar comments to the Southern Community Park, when initially proposed. He suggested approving the special use permit without fixed dates, leaving funding decisions to future Town Councils, as the area built out and needs evolved.

Council Member Werner noted that the Council had made a commitment to the preliminary plan for the Southern Community Park. He stated that future Councils would debate financing of the proposal. Noting that phasing of the plan was the most significant issue, Council Member Werner suggested that the Manager initiate park development prior to the realignment of Dogwood Acres Drive.

Council Member Werner said it might be appropriate to delay approval of the special use permit to allow for redesign of the project. Council Member Wilkerson said timing was incorrect for approval of the special use permit application this evening.

Council Member Andresen expressed her support for Council Member Werner's and Wilkerson's comments. She suggested that the Council consider a special use permit for the proposed park and ride lot only.

Council Member Wallace said that the Council had embraced the concept of the Southern Community Park for better or worse. Mayor Howes said that it did not appear that the Council wanted to deny the special use permit application. He added that there appeared to be general commitment for a park and ride lot on the site. Mayor Howes said the Council's dilemma related to funding of the proposal.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO DIRECT THE MANAGER TO BRING BACK TO THE COUNCIL AN APPROPRIATE SPECIAL USE PERMIT FOR THE PARK AND RIDE LOT AND RESTRUCTURE THE PHASING PLAN FOR EXPEDITING SITING OF ATHLETIC FIELDS.

Council Member Rimer inquired whether the motion should be amended to refer to the fact that funds would not be expended for Dogwood Acres Drive realignment as part of this process. Council Member Werner said this was implicit in the motion. Council Member Wallace expressed concerning that the Council was deceiving itself terribly in some regards.

THE MOTION WAS PLACED ON THE FLOOR AND ADOPTED UNANIMOUSLY (8-0).

Mayor Howes noted that he had a fruitful discussion with Chancellor Hardin and Vice Chancellor Tuchi earlier in the day concerning usage arrangements for University-owned soccer and ball fields in the Glen Lennox area. Mayor Howes said that use of bond funds for improvements to these fields would not be appropriate. Council Member Werner said he concurred that it was not a good idea to spend bond funds on land owned by the University.

Transportation Improvements Program

Council Member Werner stated that the University roadway proposals might impact some roadway proposals. He suggested that the Council delay consideration of this matter until a future meeting. Council Member Andresen expressed her concurrence. Mayor Howes inquired about the date of the Department of Transportation's transportation improvement hearing. Mr. Waldon said that the Town was well-advised to have its recommendations in place by late April. Mr. Waldon said that it would be possible to schedule the matter on the Council's April 8th agenda.

THE COUNCIL UNANIMOUSLY AGREED TO POSTPONING CONSIDERATION OF THE TRANSPORTATION IMPROVEMENTS PROGRAM TO ITS APRIL 8TH MEETING.

Proposed Rosemary Street Parking Facility

Town Manager Horton stated that the latest project cost estimate was $4,268,000, $213,000 higher than the architect's August 17, 1990 estimate. Mr. Horton noted that the project would be financed by revenue bonds and funds from the Town's parking enterprise fund.

He briefly reviewed the possible timeframe for the project. Council Member Andresen inquired whether it would be possible construct a public plaza, if there were no cost overruns. Mr. Horton said this was correct. Council Member Werner inquired how cuts in project costs would be determined, in the event that they exceeded estimates. Mr. Horton responded that the Council Committee on Parking Lot Number One and Related Matters would make any necessary recommendations on this matter to the Council. Council Member Rimer observed that several local governments had saved money on recent construction projects, due to the slow economy. Council Member Preston said the proposed project was very attractive. She urged citizens to examine a model of the parking facility on display at the Town Hall.

COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT RESOLUTION 2.

Mayor Howes noted the instrumental role of Council Member Wallace and the Parking Committee in reaching this point in the process.

THE MOTION WAS PLACED ON THE FLOOR AND ADOPTED UNANIMOUSLY (8-0).

Senior Activity Center Proposal

Council Member Rimer noted that the proposed for the Senior Activity Center was proceeding well. Council Member Andresen said she would only favor the proposal if participant fees covered costs for staff time.

Impact Taxes

Town Manager briefly reviewed the history of impact fees and taxes locally. He noted that it was desirable for the Council to have as many revenue options as possible. Mr. Horton said he recommended approval of the resolution before the Council, complemented by a future joint public hearing on the matter. Council Member Werner said that impact taxes offered greater flexibility. He stated that impact taxes were a way to simplify getting money for infrastructure. Council Member Andresen expressed concern that Orange County Commissioners might choose to earmark some impact tax receipts for education. Mr. Horton briefly the proposal for an impact tax. Council Member Andresen said she favored holding a joint public hearing on the proposal. Council Member Preston stated that the impact tax concept would be very demanding on developers, who would in turn pass costs on to consumers of property. Council Member Preston said she would not be able to support the resolution in light of this circumstance.

Mayor Howes noted that the proposed impact tax would not replace the school tax. He added that an impact tax would assess a portion of infrastructure development costs on newcomers to the area. Mayor Howes said this arrangement would relieve the general property tax requirement to some extent.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 3. THE MOTION WAS ADOPTED BY A VOTE OF 5-3, WITH COUNCIL MEMBERS PRESTON, WALLACE AND WILKERSON VOTING NO.

Town Manager Horton briefly reviewed a proposal for allocating a portion of hotel-motel tax receipts to a visitor service bureau.

Council Member Andresen inquired whether a specific percentage, such as one percent was earmarked for visitor services or a center. Mr. Horton responded that this matter was broadly addressed in section five of the proposal.

Betty Maultsby said that the Town was unique in its relationship to visitors. She suggested that it was unclear whether additional visitors to the community would be a desirable outcome. Noting the County's statutory role for social services, Ms. Maultsby urged the Council to utilize hotel-motel tax receipts for arts and cultural events and programs.

COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 4.

Council Member Andresen said she would vote in favor of the resolution. Council Member Andresen also noted that she had some concerns about implementation of the program. She suggested that a work group could define the scope of the visitor's bureau and a process for annual review. Council Member Andresen stressed that the bureau should emphasize providing assistance to area visitors.

Council Member Werner said he would vote against the resolution, since he was not convinced that creating another organization, particularly at the County level, would create multiple levels of overhead expenses. Council Member Werner said he was unconvinced that the program would provide adequate payback.

Expressing her respectful disagreement with Council Member Werner, Council Member Preston said that the visitor bureau was a very good idea and an efficient way to assist local businesses while increasing revenues of the County. Council Member Preston said she was impressed dthat funds would recirculate and improve the economy. Council Member Preston said she disagreed that the new authority would be just another bureaucracy.

Council Member Andresen noted that the current room occupancy tax was limited to a rate of three percent. She noted that Orange County could request authority from the State Legislature to assess a higher percentage. Despite her general support, Council Member Andresen noted that she still had concerns about the scope of the program, not desiring to turn the community into a convention Town.

Expressing his concurrence with some of Council Member Andresen's and Werner's concerns, Council Member Wilkerson said he would vote in favor of the proposal. He noted that the proposed occupancy tax increase would not come out of the pockets of local residents.

Mayor Howes noted that the proposed bureau would not necessarily requiring new staffing, since the bureau might choose to contract with the Chamber of Commerce or another local agency for staffing.

Council Member Werner expressed concern about that current Town funding for visitor services appeared to have little impact.

Council Member Wallace noted that were there many agencies specializing in visitor services requesting funding. Council Member Wallace said he would vote against the proposal due to its unnecessary complexity. Council Member Herzenberg said he shared the concern about the multiplicity of organizations, but would vote in favor of the resolution.

RESOLUTION 4 WAS PLACED ON THE FLOOR AND ADOPTED BY A VOTE OF 6-2, WITH COUNCIL MEMBERS WALLACE AND WERNER VOTING NO.

Bolin Creek Greenway Proposal

Parks and Recreation Director Michael Loveman briefly reviewed the proposal. Parks and Recreation Administrative Officer Bill Webster said that departmental staff had held several meetings with residents of the Hidden Hills neighborhoods and interested others to discuss the proposed Bolin Creek Greenway. Mr. Webster added that individual meetings had also been held with landowners adjoining the proposed greenway. He added that the main issue appeared to be whether or not the trail should be paved. Mr. Webster said that two neighborhood groups opposed the paving of the trail. He added that the trail would be approximately forty-three hundred feet long, all at eight percent or less grade, with a proposed width of ten feet.

Mr. Webster stated that future installation of a sanitary sewer line by the Orange Water and Sewer Authority was also a long-range issue surrounding the greenway proposal. He said that steps were being taken to avoid conflicts with the proposed sewer line replacement. Mr. Webster said it appeared that there would be three short sections were disruption was likely to occur. He also noted that some trees would need to be removed in the Airport Road and Franklin Hills areas of the trail. Mr. Webster said that significant trees had been mapped and funds reserved for landscape buffering.

Council Member Preston asked whether additional screening would interfere with safety concerns. Mr. Webster replied that the situation differed from point to point along the trail. He added that the staff was working with neighbors to mitigate safety concerns.

Council Member Andresen said she had been contacted by Larry Slifkin, who expressed environmental concerns about proposed paving of the Bolin Creek Greenway. She inquired whether the project engineer had spoken to neighbors about their paving concerns.

Mr. Webster responded that there had been numerous meetings with neighbors to address their individual concerns. He noted that residents to the west of Elizabeth Street generally favored paving the trail.

Council Member Andresen asked whether neighbor's comments had been elicited prior to the engineer's project design. Mr. Webster said no. Council Member Andresen inquired about strategies for handling motorcycles on the trail. Mr. Webster stressed the importance of joint enforcement efforts by trail neighbors and Town public safety personnel. Council Member Rimer asked whether it was possible to locate the trail on top of the proposed sewer easement. Mayor Howes noted that both the sewer line and easement were already in place. Council Member Rimer said his concern was that the sewer easement not be wider than necessary.

Dick Terry, representing the League for Safe Bicycling, suggested the installation of a four foot high fence along the trail, permitting pedestrian access at some points. Mr. Terry said the proposed trail could possibly serve as the backbone of improved Town bicycling facilities.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 5.

Council Member Wallace said wherever the surface was located, it would tend to convert the pathway from walking to other uses.

RESOLUTION 5 WAS PLACED ON THE FLOOR AND ADOPTED BY A VOTE OF

7-1, WITH COUNCIL MEMBER WALLACE VOTING NO.

Design Review Board Nomination

Robert Stipe was nominated for Design Review Board appointment consideration at the Council's April 8th meeting.

Setting Budget Work Sessions

Town Manager Horton said that budget work sessions were proposed for April 1st, 9th and 18th. Mayor Howes stressed the importance of having as many Council Members as possible attend each of the sessions. The Council agreed to moving the April 1st noon session to April 2nd at 5:30 p.m., leaving the April 9th session at 5:30 p.m. and moving the April 18th session to April 23rd at 5:30 p.m.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER WILKERSON, TO ADOPT RESOLUTION 6, AS AMENDED. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Consent Agenda

COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADOPT RESOLUTION 7, ADOPTING THE CONSENT AGENDA AS PRESENTED. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Executive Session

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO MOVE INTO EXECUTIVE SESSION. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

The regular meeting concluded at 10:50 p.m.

In Executive Session, the Council authorized the Town Attorney to settle the Town's claim against Georgia-Pacific for materials used in construction of the Housing authority neighborhood of Colony Woods in 1981. Under the terms of the settlement, concluded April 1, 1991, the Town received $30,885.00 from Georgia-Pacific on its materials warranty claim. No liability was admitted by Georgia-Pacific. A release was signed by the Town.