MINUTES OF A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE TOWN

       OF CHAPEL HILL, MONDAY, JULY 6, 1992 AT 7:30 P.M.

 

Mayor Broun called the meeting to order.  Council Members in attendance were Julie Andresen, Joe Capowski, Mark Chilton, Joe Herzenberg, Alan Rimer, Arthur Werner and Roosevelt Wilkerson, Jr.  Council Member Joyce Brown was absent excused.  Also in attendance were Assistant to the Mayor Lisa Price, Town Manager Cal Horton, Assistant Town Manager Sonna Loewenthal, Assistant Town Manager Florentine Miller, Planning Director Roger Waldon and Town Attorney Ralph Karpinos.

 

                      Item 1  Ceremonies

 

Mayor Broun called on Dirk Spruyt and Council Member Wilkerson to make a presentation concerning the Town's Sister City program. Council Member Wilkerson noted that a contingent of local representatives from the Towns of Carrboro and Chapel Hill had recently visited the City of Saratov.  He noted that a Sister City protocol of intent had been signed by Carrboro Mayor Eleanor Kinnaird, the Chairperson of the Saratov Committee and by himself on behalf of Mayor Broun, on May 15th.  Council Member Wilkerson also noted that flags of the United States, State of North Carolina and the Town of Chapel Hill had been presented to Russian officials.  Council Member Wilkerson and Mr. Spruyt presented Mayor Broun with the proclamation of intent and a Russian flag from the citizens of Saratov.

 

Mr. Spruyt noted that the Chairperson of the Saratov Committee had noted that the United States flag presented to Russian officials had been flown over the United States Capitol on the day of the attempted coup in Russia.  Mr. Spruyt stated that the City of Saratov had presented him with the Russian flag housed in the City's Council Chamber.  He noted that the only flags currently in the Saratov Council Chamber were from the United States, North Carolina and Chapel Hill.  Mr. Spruyt noted that a professional crew had taped the Sister City visit to Saratov and that the tape would be shown by Cablevision.

 

Mayor Broun recognized the service to the community of the following retiring Town employees:  Bernard Fearrington (20 years in the Fire Department), J.R. Dail (20 years in the Fire Department), Arnold Gold (25 years in the Police Department), Roger Alston (23 years in the Public Works Department), Mack Maynor (27 years in the Fire Department), Tommy Snipes (28 years in the Police Department), Willie Brooks, Jr. (29 years in the Public Works Department), and Bobby Williams (31 years in the Fire Department). Thanked each of the eight individuals for their service to the community, Mayor Broun noted that the group had a total of over two hundred and three years service to the community.

 

Mayor Broun presented Finance Director James Baker with the Government Finance Officers Association Annual Certificate of Conformance for Financial Reporting.  Mayor Broun noted the prestige of receiving the certificate.  Mr. Baker thanked the Finance Department, especially Accounting Services Manager Kathie Young, for their work.

 

                       Item 3  Petitions

 

Mayor Broun inquired whether the Council wished to receive additional public comment concerning the allocation of hotel-motel tax funds.  The Council expressed a preference to receive written statements, rather than additional oral comments.  Mayor Broun noted that the Council may wish to discuss the overall allocations process in the future.

 

Council Member Andresen inquired about the status of Chatham County's request for water service.  She also inquired whether the Council wished to schedule the matter as a discussion item at a future Council meeting.  Council Member Andresen noted that achieving a consensus of all twenty-one Assembly of Government local representatives would be very difficult.  Mr. Horton noted that the managers of Orange County, Chapel Hill and Carrboro had been directed by the Assembly of Governments to prepare a listing of Orange Water and Sewer Authority (OWASA) related issues.  Council Member Werner suggested that the Council provide some guidance on the matter to the Town's OWASA Board representatives. Mayor Broun suggested that the Council further discuss OWASA matters at its August 24th meeting.  Council Member Werner suggested that the Council attempt to provide a timely response to Chatham County's request for water service.  Mr. Horton suggested that the Council could possibly discuss OWASA matters at its August 31st work session.  Council Member Andresen noted that she would not be able to attend the August 24th or 31st meetings.  Mayor Broun suggested that the Council discuss OWASA matters at its September 14th meeting.

 

Council Member Herzenberg said he had received a large number of complaints about odors from trash receptacles in the downtown area.  He requested that the Manager look into the matter and take necessary follow-up action.  Council Member Andresen, noting that she had spoken to Public Works Director Bruce Heflin about the situation, said she concurred with Council Member Herzenberg's concerns.

 

Council Member Capowski said he had recently received a letter from a constituent suggesting that the Town's library could serve a greater number of people with a small change in hours of operation.  He requested that the Manager provide a report on whether the suggestion was practical.

 

             Item  4  Nominations and Appointments

 

Appointments to OWASA Board of Directors

 

Council Member Andresen noted that the Mayor's Committee on OWASA matters had recently met to review applicants for three vacancies on the OWASA Board of Directors.  She noted that board members were developing a better understanding of policy matters.  Council Member Andresen said the committee recommended the reappointment of Tom McCurdy and Riley Wilson to the OWASA Board.  She added that the committee also felt that Eva Metzger, initially appointed to fill the unexpired term of James C. Wallace, would be a good continuing board member, emphasizing customer relations and water conservation.  Council Member Andresen added that the committee felt that two other very good candidates were Dan VanderMeer and Pat Davis.

 

Council Member Herzenberg said he seconded Council Member Andresen's comments.  He noted that the committee had spent a considerable amount of time interviewing candidates.  Council Member Herzenberg strongly urged the Council to reappoint Mr. McCurdy, Ms. Metzger and Mr. Wilson to the OWASA Board of Directors.  He said all three had done an excellent job of representing the Town's views on OWASA matters.

 

Council Member Werner said he concurred with Council Member Andresen's observation that the OWASA Board had been much more responsive to community concerns over the last year.  Council Member Werner said he supported Bill Davis to fill one of the Board vacancies.  Council Member Capowski also expressed his support for Bill Davis.

 

Tom McCurdy, Eva Metzger and Riley Wilson were reappointed to the OWASA Board of Directors.  Vote tallies were as follows:

 

     Riley Wilson       8 votes   (Andresen, Broun, Capowski, Chilton, Herzenberg, Rimer, Werner, Wilkerson)

     Thomas McCurdy     7 votes   (Andresen, Broun, Capowski, Chilton, Herzenberg, Rimer, Werner)

     Eva Metzger        6 votes   (Andresen, Broun, Chilton, Herzenberg, Rimer, Wilkerson)

     William Davis      3 votes   (Capowski, Werner, Wilkerson)

 

Appointments to Historic District Commission

 

Mayor Broun noted that the Council had twice previously deferred appointments to the Historic District Commission.  Council Member Herzenberg said he recommended the appointment of Lee Corum, a resident of the Cameron-McCauley Historic District.  Council Member Andresen noted that two other applicants, Dianne Stabler and Clifford Sturdevant, owned property in the Cameron-McCauley district.  Council Member Werner inquired about the architectural and historical background of commission members.  Mr. Horton said the present board had a cross-section of persons with backgrounds and interests in architecture, planning and history.  Council Member Herzenberg noted that commission members made difficult decisions restricting property uses in the Town's historic districts.  Mr. Waldon noted that State legislation required that a majority of Commission members have a demonstrated special interest or training in architecture, history or planning.  He stated that the current board composition met State requirements.

 

Woodrow Burns, Lee Corum, James Webb and Ann Wileman were elected on the first ballot, with the following tallies:

 

     Lee Corum          8 votes   (Andresen, Broun, Capowski, Chilton, Herzenberg, Rimer, Werner, Wilkerson)

     Woodrow Burns      7 votes   (Broun, Capowski, Chilton, Herzenberg, Rimer, Werner, Wilkerson)

     Ann Wileman        7 votes   (Andresen, Broun, Capowski, Herzenberg, Rimer, Werner, Wilkerson)

     James Webb         5 votes   (Andresen, Capowski, Rimer, Werner, Wilkerson)

     Teresa Crossland   4 votes   (Broun, Capowski, Chilton, Herzenberg)

     Terri Swanson      3 votes   (Chilton, Herzenberg, Werner)

     Jan Reist          3 votes   (Broun, Rimer, Wilkerson)

     Lynn Holdzkom      1 vote    (Chilton)

     Joan Huntley       1 vote    (Andresen)

     Dianne Stabler     1 vote    (Andresen)

 

Teresa Crossland was selected on the second ballot.  Voting tallies were as follows:

 

     Teresa Crossland   6 votes   (Andresen, Broun, Capowski, Chilton, Herzenberg, Rimer)

     Jan Reist          1 vote    (Wilkerson)

     Terri Swanson      1 vote    (Werner)

 

Original ballots are on file in the Clerk's Office.

 

Planning Board Extraterritorial Jurisdiction Representative

 

Mayor Broun noted that Planning Board Vice-Chairperson Marianna Chambless was seeking reappointment to the Planning Board.

 

COUNCIL MEMBER WILKERSON MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO RECOMMEND THE REAPPOINTMENT OF MARIANNA CHAMBLESS AS THE PLANNING BOARD'S EXTRATERRITORIAL JURISDICTION REPRESENTATIVE TO THE ORANGE COUNTY BOARD OF COMMISSIONERS.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

Orange County Human Relations Commission Representative

 

Mayor Broun noted that there were two applications for one vacancy.  Council Member Herzenberg noted that there currently no Asian representatives on the Commission.

 

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO RECOMMEND THE APPOINTMENT OF SUSAN FURTNEY.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

Stormwater Management Committee

 

Mayor Broun noted that there were nine applicants to fill one vacancy.  Council Member Werner requested that the Council consider deferral of the appointment.  He stated that the Stormwater Management Committee wished to discuss the possibility of increasing the size of the committee.  Council Member Werner said the committee would meet at least twice over the summer.  Mayor Broun noted that there were no objections from Council members.

 

        Community Response to Violent Crime and Illegal

                Drug Abuse Leadership Committee

 

COUNCIL MEMBER WILKERSON MOVED, SECONDED BY COUNCIL MEMBER TO APPOINT THE FOLLOWING PERMANENT AND TEMPORARY COMMITTEE CHAIRS:  Alexandra Brownstein, Mickey Ewell, Jacqueline Gist, Adam Goldstein, Neil Offen and Rosemary Waldorf.

 

Council Member Andresen asked whether the committees were still seeking members.  Council Member Wilkerson said yes.  He noted that the committee would make recommendations for the total group in the future.  Council Member Wilkerson added that no volunteer coordinator had been designated.

 

THE MOTION TO APPOINT PERMANENT AND TEMPORARY COMMITTEE CHAIRS WAS ADOPTED UNANIMOUSLY (8-0).

 

           Item 5  North Street Subdivision, Phase 4

 

Mr. Horton briefly reviewed the resolutions before the Council, noting that Resolution D would deny the application.

 

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER WILKERSON, TO ADOPT RESOLUTION 1D.

 

Council Member Andresen inquired why Resolution D was being proposed.  Council Member Rimer stated that when the application had last appeared before the Council, there had been discussion that the number of lots would be reduced from eleven to nine, since two of the lots were very small and did not meet good buildable area requirements.  Council Member Rimer said it might be a good compromise if the applicant agreed to a seven lot subdivision and an accompanying agreement concerning access to the subdivision.  He noted that the original proposal had been for a two-lot subdivision.  Mayor Broun inquired whether Council Member Rimer was suggesting referral of the matter to the Manager and Attorney for further review.  Council Member Rimer said he was recommending denial.  He noted that if the Council did not adopt Resolution D, it would be possible to achieve a compromise.

 

Council Member Herzenberg inquired whether compromises could be explored in the event the Resolution D was approved.  Mr. Karpinos said that adoption of Resolution D would end the discussion.  He added that the Council could vote for reconsideration of the matter.  Council Member Andresen said although she was in sympathy with some of Council Member Rimer's comments, she would find it difficult to turn down the application.  Council Member Andresen said she favored Resolution C, authorizing a seven-lot subdivision.

 

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 1C AS A SUBSTITUTE MOTION.

 

Council Member Rimer noted that if Resolution C were adopted, the matter would return for Council consideration on August 24th.  He requested that Resolution D be included in the package of resolutions for Council consideration.  Mayor Broun said Resolution D could be offered as an alternative at that time.  Council Member Capowski requested a clarification of the differences between Resolution A, amended to a maximum of seven lots, and Resolution C.  Mr. Karpinos said Resolution A would require that the final plat show a maximum of seven lots.  Council Member Rimer said he respectfully disagreed with the staff recommendation since he believed that two of the proposed lots were unbuildable.  Council Member Rimer said he would vote for Resolution C.  Mayor Broun said he would support Resolution C, since he believed that two lots too many were proposed.  Council Member Wilkerson inquired whether Council Member Rimer was agreeable to Resolution C becoming the main motion.  Council Member Rimer said yes.

 

Noting that he favored Resolution D, Council Member Wilkerson said he hoped that the applicant would make every effort to bring the matter to closure when the item returned for Council consideration on August 24th.  Council Member Werner inquired whether there was any way to place a time constraint on consideration of the matter.  He inquired whether the matter would come back before the Council if Mr. Barrett chose to do nothing.  Mr. Horton said the matter would return for Council consideration on August 24th, under any circumstance.

 

RESOLUTION 1C WAS PLACED ON THE FLOOR AND ADOPTED UNANIMOUSLY

(8-0).

 

A RESOLUTION REMANDING AN APPLICATION FOR PRELIMINARY PLAT APPROVAL FOR NORTH STREET SUBDIVISION, PHASE IV (92-7-6/R-1c)

 

WHEREAS, the Council of the Town of Chapel Hill has reviewed an application for preliminary plat approval for Phase IV of North Street, submitted by Mr. Gerry Barrett of The Little Creek Company, and as described by the preliminary plat dated May 9, 1991 showing eleven lots, and a sketch showing a nine-lot proposal; and

 

WHEREAS, Mr. Barrett submitted to the Council a letter dated June 11, 1992, in which he agreed to reduce the number of lots in the subdivision phase to nine (9), and to release any right or claim to the use of the access easement crossing the Burns property; and 

 

WHEREAS, both the preliminary plat showing eleven lots and the sketch showing nine lots indicate two lots (#8 and #9 in the sketch) with very little buildable area; and

 

WHEREAS, the current application for preliminary plat approval does not incorporate the access easement condition to which Mr. Barrett agreed in his letter;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council remands this application back to the applicant for revisions to be submitted for the Town Manager's review, and requests the applicant to prepare a seven lot plat, to include the release of right or claim to the use of the access easement, and to exclude the two lots with little buildable area.

 

This the 6th day of July, 1992.

 

        Item 6  Movies at Timberlyne Special Use Permit

 

Planning Director Roger Waldon noted that many questions and request for information had been made at the Council's June 15th hearing on the special use permit request.  Mr. Waldon said a supplementary planning staff report providing additional information was included in the Council's agenda materials.  He directed the Council's attention to a table in the materials providing an overview of the proposed resolutions.  Mr. Waldon said the Manager recommended approval of Resolution A, including two-way circulation and parking, and sidewalks all around the building.

 

Council Member Andresen noted that parking on and near the site would be largely countercyclical, with the greatest needs being for night-time parking.  She inquired whether one parking space per four seats was adequate.  Mr. Waldon said the standard was not designed for peak demand times.  He noted that the standard would work adequately at most times.  Council Member Werner inquired whether there were any other examples in the Town in which the majority of facility parking was located across a public street.  Mr. Waldon said LaResidence Restaurant provided a small example of this phenomena.  He noted that Banks Drive functioned as an internal drive for the shopping center.  Council Member Rimer inquired about proposed plantings between the building and sidewalk.  Mr. Waldon provided an overview of the situation.

 

Council Member Andresen inquired whether anything could be done to prevent parking in unauthorized areas, such as the professional center adjoining the proposed theater.  Mr. Horton said the Town had relatively few enforcement tools since private property was involved.  Mr. Karpinos noted that parking regulations on private property could be enacted at the request of individual business owners.

 

Bruce Buley, a physical therapist at the Timberlyne Physical Therapy Center, said his office was sometimes open during evening hours.  He stated that theater patrons would likely choose to park in the Timberlyne Professional Center parking lot, rather than crossing Banks Drive.  Mr. Buley also expressed concern about potential parking problems on Saturday mornings.  Mr. Buley said although he supported development, the need for adequate parking for patrons of the Timberlyne Professional Center was also very important.

 

Wally Diehl, owner of the Timberlyne Professional Center, said he understood concerns about parking in the area.  Dr. Diehl said he hoped that the applicant and tenants of his building could cooperate on a solution for the provision of parking.

 

Gwen Stack, Manager of the Timberlyne Apartments, said she was concerned about parking problems on Banks and Westminster Drives.  Ms. Stack said she was opposed to the proposed project due to the potential for problems.

 

Ira Meiselman, representing the applicant, said he was willing to deal with Dr. Diehl on parking matters and concerns.  Mr. Meiselman stated that people currently walked across Banks Drive between 4:45 and 5:00 p.m. to access the Timberlyne Professional Center.  He added that the requirement for a sidewalk around the building was a superfluous requirement, since no one would use it.

 

Council Member Andresen said she felt uncomfortable acting on the application until concerns such as unauthorized parking could be adequately addressed.  She also expressed concern about the lack of consistency in the availability of parking.  Council Member Andresen said she favored angle parking and one-way circulation for the project.  She also noted the need for additional attention to potential vehicle/pedestrian conflicts.  Council Member Andresen suggested that the staff consider installing speed bumps along Banks Drive.

 

Council Member Werner said he was surprised that parking was currently permitted on Westminster and Banks Drives.  He requested that the Attorney draft an ordinance prohibiting parking on these two streets.  Noting that Banks Drive basically functioned as a private road, Council Member Werner requested that staff provide alternatives on how to control speed on Banks Drive.  Council Member Werner inquired whether there was a proposal for a crosswalk across Westminster Drive.  Mr. Waldon said there was no such proposal.  Council Member Werner said he thought such a crosswalk would be a good idea.  He also inquired whether Dr. Diehl would have to request Council action for parking restrictions at the Timberlyne Professional Center.  Mr. Karpinos said this was correct.

 

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

 

Council Member Andresen said issues such as unauthorized parking and pedestrian and vehicle access needed to be further addressed.

 

COUNCIL MEMBER ANDRESEN MOVED THAT THE MATTER BE REFERRED TO THE STAFF FOR FURTHER DEVELOPMENT.  THE MOTION DIED FOR LACK OF A SECOND.

 

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

 

Council Member Herzenberg said he agreed with the applicant that no one would use the proposed sidewalk at the rear of the building.

 

Council Member Capowski inquired whether Council Member Herzenberg favored two-way over one-way circulation and additional shrubbery, rather than sidewalk, at the rear of the building,.  Council Member Herzenberg said yes.  Mayor Broun noted the applicant's concurrence with these modifications.  Council Member Capowski noted that Banks Drive would essentially function as an internal street.  He inquired about the possibility of deeding the road to the shopping center.  Mr. Horton said this could create some difficulties in the future since the owners might not gratefully receive such a dedication.  Noting the need to plan minimally for automobile usage, Council Member Capowski thanked Bruce Stone for his clear thinking on proposed parking ratios.  He noted that the majority of comments about the proposal had pertained to parking concerns.  Council Member Capowski said he looked forward to reviewing the proposal for fire lane parking restrictions in the future.

 

Council Member Werner asked whether Council Member Herzenberg would agree to increase the number of crosswalks from one to three.  Council Member Herzenberg said yes.  Mr. Horton asked whether the third crosswalk was proposed on Westminster Drive.  Council Member Werner said yes.  Council Member Rimer said he also agreed with the proposed amendment.

 

Council Member Werner noted the importance of controlling speed on Banks Drive.  Mayor Broun noted that it would be to the benefit of area tenants to work out parking matters.  He added that the Council might need to monitor and consider the situation in the future.  Council Member Werner inquired about the possibility of requiring speed bumps as part of the special use permit requirements.  Mr. Karpinos said this was not legally permissible as part of the special use permit process.  Mayor Broun suggested that the Council seek the Manager's recommendation on speed reduction options in the future.  Council Member Wilkerson said this information could be included in the Manager's report on fire lanes.  Mayor Broun said this was a good idea.  Council Member Andresen asked whether the Town had the authority to regulate pedestrian crosswalks and other regulations along Banks Drive.  Mr. Horton said yes.

 

Council Member Rimer requested a clarification of Resolution A concerning buffering requirements. Mr. Waldon said a minimum five-foot wide buffering strip was required.  Council Member Rimer said it seemed reasonable to require a seven and one-half to eight foot planting strip.  Mr. Waldon noted that most buffering was grass and low shrubs, rather than extensive shrubbery.  Council Member Rimer suggested changing the width of the landscaping strip to eight feet.  Council Member Herzenberg concurred with the proposed amendment.

 

Council Member Andresen said she would vote against the proposal, since she was uneasy about some matters which needed further resolution.  Council Member Andresen said she was especially concerned about health and safety matters.  Council Member Andresen said she was also unhappy about the proposed deletion of the sidewalk and two-way circulation on the site.

 

Mr. Meiselman expressed his concurrence with the proposed conditions of approval outlined in Resolution 2c as amended.

 

RESOLUTION 2C, AS AMENDED, WITH THREE CROSSWALKS AND AN EIGHT-FOOT LANDSCAPING BUFFER REQUIRED, WAS PLACED ON THE FLOOR.  THE MOTION WAS ADOPTED BY A VOTE OF 7-1, WITH COUNCIL MEMBER ANDRESEN VOTING NO.

 

A RESOLUTION APPROVING AN APPLICATION FOR SPECIAL USE PERMIT FOR MOVIES AT TIMBERLYNE) (SUP-24K-16) (92-7-6/R-2c)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Movies at Timberlyne, proposed by Eastern Federal Corporation on property identified as Chapel Hill Township Tax Map 24K, Lots 16 and 17, if developed according to the site plan dated  April 6, 1992, 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, 18, and with all other applicable regulations (with the exceptions listed below);

 

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

 

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

 

           Stipulations Specific to the Development

 

1.   That construction begin by July 6, 1994 and be completed by July 6, 1995.

 

2.   That Lots 16 and 17 be combined to form a single lot, and that the recombination plat be recorded in the Orange County Register of Deeds Office prior to issuance of a Zoning Compliance Permit.

 

3.   That the internal traffic circulation pattern be two-way rather than one-way.

 

4.   That the parking arrangement complies with Subsections 13.6.2 and 13.6.3 of the Development Ordinance, and that a longterm parking/access agreement between the owners of the theater and of Timberlyne Shopping Center be approved by the Town Manager and recorded at the Orange County Register of Deeds Office prior to issuance of a Zoning Compliance Permit.

 

5.   Required Improvements:

 

     a)   That sidewalk be constructed along the property frontage along Westminster Drive and Banks Drive.

 

     b)   That two crosswalks be constructed across Banks Drive just north and south of the existing driveway to the shopping center.  Appropriate signage and lighting shall be installed to create safe, well-lit pedestrian links between the two sites.  In addition, a third striped crosswalk shall be provided along Westminster Drive.

 

     c)   That bike rack(s) be installed near the front entrance of the building to accommodate at least 20 bikes.

 

Stipulations related to State and Federal Government Approvals

 

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

 

          Stipulations Related to Landscape Elements

 

7.   Landscape Plan Approval:  That a detailed landscape plan and landscape maintenance schedule be approved by the Appearance Commission prior to the issuance of a Zoning Compliance Permit.  The landscape plan shall include:

 

     Type B buffers along the northern and eastern property lines

 

     Type C buffers along the southern and western property lines

 

          Stipulations Related to Building Elevations

 

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

 

   Stipulations Related to Water, Sewer and Other Utilities

 

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

 

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

 

                  Miscellaneous Stipulations

 

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

 

12.  Detailed Plans:  That final detailed site plans, grading plans, utility/lighting plans, stormwater management plans (with hydrologic calculations), and landscape plans and landscape maintenance plans be approved by the Town Manager before issuance of Zoning Compliance Permit, and that such plans conform to plans approved by this application and demonstrate compliance with all applicable conditions and the design standards of the Development Ordinance and the Design Manual.

 

13.  Certificates of Occupancy:  That no Certificates of Occupancy be issued until all required public improvements are complete.

 

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

 

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

 

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

 

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

 

BE IT FURTHER RESOLVED that the Town Council approves the Special Use Permit for Movies at Timberlyne in accordance with the plans and conditions listed above.

 

This the 6th day of July, 1992.

 

     Item 7  The Pavilion Special Use Permit Modification

 

Mayor Broun, noting prior representation of West Franklin Street Preservation Partners, excused himself from the matter.

 

Mr. Waldon noted that a public hearing on the request had been held on June 15th.  He noted that two sites were covered by the special use permit.  Mr. Waldon briefly reviewed the applicant's proposal, including the provision of twenty-seven surface parking spaces, financial support for trolley service and revised language in the proposed transportation management plan.  Mr. Waldon said the proposal appeared to be the right direction for downtown development, setting a good precedent for writing future transportation management plans.

 

Council Member Rimer said a table on page four of the staff memorandum did a good job of summarizing critical elements of the alternate resolutions.  He inquired about a computerized commuter matching service.  Mr. Waldon said the Triangle Transit Authority would provide this service.  Council Member Andresen inquired about the estimated worth of individual parking spaces.  Mr. Waldon said approximately $7,200 per space.  Council Member Andresen inquired how many parking spaces had been required under former parking requirements.  Mr. Waldon said one hundred and fifty-seven spaces had been required for the Franklin Street site.  Council Member Capowski noted that The Pavilion's request provided a test case for transportation management plan requirements.  Mr. Waldon said the Manager could provide the Council with an annual report and review of what was and was not working in regard to the transportation management plan program.  Mr. Horton noted that if individual developers were not meeting their transportation management plan goals, the Town had some leverage in this regard.

 

R.D. Smith said the Council spent a lot of time considering downtown parking problems.  He stated that the downtown trolley service would not reduce automobile usage since it had no effect whatsoever on moving people from their homes to the downtown area. Mr. Smith noted that increased future parking demands might necessitate the construction of a parking deck at parking lot number five.  Mr. Smith said it was still feasible for The Pavilion developers to build the project with underground parking.  He also expressed concern that downtown businesses suffered from a lack of parking.  Mr. Smith urged the Council to think carefully before approving buildings that did not provide parking for customers and employees.

 

Antoine Puech said the Council had a historic opportunity to vote for The Pavilion's special use permit modification request.  Mr. Puech said he thought the project's transportation management plan had been made more definitive, adding twenty-seven parking spaces and making compliance with the transportation management plan part of the leasing mechanism.  He stated that approximately $125,000 per year would be spent on The Pavilion's transportation management plan.  Mr. Puech said although the plan's success could not be guaranteed, a number of strategies were would outlined to address parking and automobile concerns.  Mr. Peuch said the Pavilion would accept the proposed conditions of approval.

 

COUNCIL MEMBER WILKERSON MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO CLOSE THE PUBLIC HEARING.  THE MOTION WAS ADOPTED BY A VOTE OF 7-0, WITH MAYOR BROUN EXCUSED.

 

Council Member Andresen said additional tax base would be provided when the parcel was developed.  She expressed concern that the transportation management plan went too far in reducing parking requirements.  Council Member Andresen expressed concern that drastically reducing parking requirements for The Pavilion would be unfair to prior development in the area.  She said that the developer should make a fair contribution for parking not provided.

 

Council Member Werner said Mr. Smith had made some good points.  Council Member Werner stated that he did not find the issue to be one of whether or not developments should pay for parking.  Council Member Werner also noted that the Town made money on projects such as parking decks.

 

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT RESOLUTION 3A.

 

Noting that he had designed parking lot number five, Council Member Rimer stated that the lot had been designed to accommodate a one or two level parking deck in the future.

 

Noting that the application was a trial case, Council Member Capowski said he would be interested in reading the report on the effectiveness of the transportation management plan one year after the project was built.  Council Member Capowski said he would support the proposal.

 

Council Member Wilkerson said he did not think what had been promised would materialize.  He said a project of this type was needed in the downtown area.  Council Member Wilkerson expressed concern about the proposed reduction in parking requirements for the project.  Council Member Wilkerson said he would vote against the proposal.

 

Council Member Chilton said as the council member living closest to the site, he shared some of the concerns raised by Mr. Smith.  Council Member Chilton stated that he disagreed with some of Mr. Smith's points.  He said the proposal was an ambitious plan.  Council Member Chilton thanked the applicant for their work on the proposed transportation management plan.  Council Member Chilton suggested a minor amendment to the proposed resolution, specifying that "Snell B-90 approved" bicycle helmets be required.  Council Members Werner and Rimer agreed to the proposed friendly amendment. Council Member Andresen said she did not know what could be done to address the concerns of neighbors.  Council Member Herzenberg suggested that residents could request parking restrictions on area streets.  He said the transportation management plan was a risk worth taking and one that could be modified in the future.

 

THE MOTION TO ADOPT RESOLUTION 3A, AS AMENDED, WAS PLACED ON THE FLOOR.  THE MOTION WAS ADOPTED BY A VOTE OF 5-2, WITH COUNCIL MEMBERS ANDRESEN AND WILKERSON VOTING NAY AND MAYOR BROUN EXCUSED.

 

A RESOLUTION APPROVING AN APPLICATION FOR A MODIFICATION TO THE SPECIAL USE PERMIT FOR THE PAVILION (92-7-6/R-3a)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that it hereby finds that the Pavilion on Franklin proposed by the West Franklin Preservation Partners on property identified as Chapel Hill Township Tax Map 85, Block M, Lots 17, p/o 19, and 20, if developed in accordance with the Traffic Management Plan (revised May 22, 1992) and the preliminary site plan dated December 5, 1989 and the conditions set forth 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, the applicable specific standards contained in Section 18.7 and 18.7.2, and with all other applicable regulations;

 

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

 

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

 

BE IT FURTHER RESOLVED by the Council of the Town of Chapel Hill that it finds, in this particular case, that the following modification satisfies public purposes to an equivalent or greater degree:

 

1.   Modification of Subsection 14.6.2 of the Development Ordinance to allow the provision of four (4) handicapped parking spaces for the Pavilion on Franklin (Phase I) in a parking lot with fewer than twenty (20) parking spaces.

 

These findings are conditioned on the following modifications to the May 14, 1990 and the October 14, 1991 approvals of the development:

 

     That the required number of on-site parking spaces for the Pavilion on Franklin (Phase I) be changed from 157 to 4 with the provision of 27 off-site spaces to be provided at the Pavilion on Rosemary parcel as a part of Phase I improvements.

 

     That construction begin by November 14, 1993 and be completed by November 14, 1994.

 

     That the developer or property owner prepare an annual report regarding the Transportation Management Plan for review and approval by the Town Manager, to be submitted by December 1 of each year.

 

     That the Transportation Management Plan be amended as indicated in the attached, revised Transportation Management Plan dated July 6, 1992.

 

BE IT FURTHER RESOLVED that the Council hereby approves the application for the Pavilion on Franklin Modified Special Use Permit in accordance with the plans and conditions listed above.

 

This the 6th day of July, 1992.

 

      Item 8  Church of the Holy Family SUP Modification

 

Mr. Waldon said a good design solution for parking was proposed.  Mr. Post said the applicant was willing to accept the proposed conditions of approval.  No citizens indicated a desire to address the matter.

 

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

 

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 4A.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

A RESOLUTION APPROVING AN APPLICATION FOR SPECIAL USE PERMIT MODIFICATION FOR THE CHURCH OF THE HOLY FAMILY (SUP-MOD-54-D-1) (92-7-6/R-4a)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit Modification, proposed by the Church of the Holy Family on property identified as Chapel Hill Township Tax Map 54, Block D, Lot 1, if developed according to the site plan dated November 8, 1991 (revised April 22, 1992), 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, 14 and 18, and with all other applicable regulations (with the exceptions listed below);

 

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

 

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

 

BE IT FURTHER RESOLVED by the Council of the Town of Chapel Hill that it finds, in this particular case, that the following modifications satisfy public purposes to an equivalent or greater degree:

 

1.   Modification of Subsection 13.11.2 of the Development Ordinance to exceed the maximum floor area limit of 12,900    square feet, allowing 17,288 square feet of floor area.

 

2.   Modification of Subsection 14.6.7 of the Development Ordinance to permit provision of 53 off-street parking spaces rather than the 65 parking space minimum normally required.

 

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for Special Use Permit Modification for the Church of the Holy Family in accordance with the plans listed above and with conditions listed below;

 

           Stipulations Specific to the Development

 

1.   That construction begin by July 6, 1994 and be completed by July 6, 1995.

 

2.   Required Improvement:  That a sidewalk be constructed along the property frontage along Brandon Road.

 

3.   That bike rack(s) for at least 10 bicycles be installed near one of the entrances to the church.

 

 

Stipulations Related to State and Federal Government Approvals

 

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

 

 

          Stipulations Related to Landscape Elements

 

5.   Landscape Plan Approval:  That if the site plan is altered after May 20, 1992, a revised detailed landscape plan be approved by the Appearance Commission prior to the issuance of a Zoning Compliance Permit.

 

6.   Buffers:  The landscape Plan shall include:

 

     Type C buffers along the northern, eastern, and southern property lines

 

     Type D buffer along the western property line.

 

 

   Stipulations Related to Water, Sewer and Other Utilities

 

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

 

8.   Utility/Lighting Plan Approval:  That the final utility/lighting plan be approved by Orange Water and Sewer Authority, Duke Power, Public Service Company, Southern Bell, and the Town Manager, before issuance of Zoning Compliance Permit.

 

                  Miscellaneous Stipulations

 

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

10.  Detailed Plans:  That final detailed site plan, grading plan, utility/lighting plans, stormwater management plan (with hydrologic calculations), landscape plan and landscape maintenance plan be approved by the Town Manager before issuance of a Zoning Compliance Permit, and that such plans conform to the plans approved by this application and demonstrate compliance all applicable conditions and the design standards of the Development Ordinance and the Design Manual.

 

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

 

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

 

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

 

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

 

BE IT FURTHER RESOLVED that the Town Council hereby approves the Special Use Permit Modification for the Church of the Holy Family in accordance with the plans and conditions listed above.

 

This the 6th day of July, 1992.

 

 

Item 9  Orange Water and Sewer Authority Capital Improvements

 

OWASA Executive Director Everette Billingsley said that the authority planned several decades in advance for water and sewer facilities.  He said the first five years represented a capital budget, broken out into ten major categories with cost estimates. Mr. Billingsley said anticipated capital needs were $31 million over the next five years and as much as $184 million over a fifteen year period.  He noted that the programs were driven by increasingly stringent regulations.  Noting that most federal and state grant programs had been curtailed, Mr. Billingsley said improvements were financed by internally-generated cash and money borrowed from revenue bonds.  He added that the OWASA Board had reviewed the proposed program and found it to be feasible from a construction and financing standpoint.

 

Katherine Kalb, Operations Manager, provided an overview of proposed capital projects, stating that an assessment project was planned in the Mount Bolus area in the near future.  She noted that some projects were predicated on grants or gifts, with an emphasis on providing service to areas which did not have water or sewer availability.

 

Council Member Wilkerson asked whether it was also possible to run sewer lines in areas of strategic placement for fire hydrants.  Ms. Kalb said yes, noting that an emphasis was being placed on the construction of wastewater facilities and force mains during the next year or two.  She noted that existing pumps would be replaced with much larger ones.  Ms. Kalb noted that expansion of the wastewater treatment plant would be completed by 1997.  Council Member Andresen inquired how much land was available for sludge disposal.  Ms. Kalb said an area was available near Cane Creek.  She added that sludge was primarily applied at area farms, mostly in Orange County.  Council Member Andresen suggested that OWASA staff work with Cane Creek area residents to reach compromise solutions on fencing around the Cane Creek reservoir.  Ms. Kalb said OWASA staff agreed with the philosophy of compromise.  She added that staff was working with Cane Creek reservoir neighbors to mitigate a variety of concerns.

 

Council Member Andresen said she was glad to see the development of a recreation area at Cane Creek.  She inquired why OWASA was not proposing bonds for some long-range projects.  Ms. Kalb said that recent revenue projections indicated that the issuance of additional bonds would be needed for long-range projects.  Council  Member Andresen inquired about OWASA's philosophy concerning issuance of bonds.  Ms. Kalb said the philosophy was that users should pay for improvements to the system.  She added that the OWASA Board was still discussing the matter.

 

Council Member Capowski inquired why 1992 peak water demand was so much higher than previous years.  Ms. Kalb said a number of factors were involved including the discontinuation of conservation measures and dry conditions.  Council Member Capowski inquired whether OWASA felt enough was being spent on capital programs.  Ms. Kalb said that many individuals and organizations felt too much was spent on capital programs.  She noted that the planned capital program had sufficient flexibility to change course, if necessary.

 

Council Member Werner inquired about the use of $1.1 million for study and land acquisition costs.  Ms. Kalb said $200,000 per year for five years was set aside for land acquisition costs.  Council Member Werner inquired about possible environmental risks from storing water at a former asphalt plant.  Ms. Kalb said water stored at the site appeared to be of excellent quality.  Council Member Werner inquired about the status of the Booker Creek interceptor extension.  Ms. Kalb said that phase one of the project would be initiated during the current year.  Council Member Rimer noted that a 24-inch water line improvement was now being paid for in water rates.  He said an alternative would be a bond issue, paid back over a period of thirty years.  Council Member Rimer said OWASA's proposed capital program was very prudent.  Ms. Kalb noted that there was a limit to the amount of projects which could be bonded.

 

Council Member Andresen inquired about special constraints on OWASA's bonding authority.  Ms. Kalb said that revenue bonds could be used, while general obligation bonds could not.  Council Member Capowski inquired whether, selling bonds was the least expensive way to funds some projects.  Ms. Kalb said that  although lower interest rates offered the opportunity for less expensive financing, use of cash was a preferable mechanism.  Council Member Capowski said he was not convinced that cash was the least expensive way to do things.  Ms. Kalb said OWASA staff could review bonds versus no bonds for project financing.  Council Member Rimer said this would be useful information for the Council.  Council Member Andresen said the Council applauded efforts to preserve land around the Cane Creek reservoir.  Council Member Herzenberg noted that OWASA was acquiring additional buffer.  He also urged OWASA staff to continue its efforts of improving relations with neighbors around the Cane Creek reservoir.

 

Everette Billingsley said OWASA staff had recently met with its bond counsel to discuss interest rate optimization and the sale of bonds.  He stated that pay back and use of bonds for capital projects was a very serious concern with OWASA staff and the board. Mr. Billingsley said he appreciated the Council's support in improving water and sewer facilities.

 

                     Item 10  HOME Program

 

Mr. Horton said approximately $1.5 billion was available to provide housing assistance for low-income families.  He noted that the Council had adopted a housing affordability strategy on September 30, 1991.  Mr. Horton stated that the proposed consortium hoped to attract about $1 million in HOME grants.

 

Ms. Vaughn said the resolutions before the Council requested the formation of a county-wide housing consortium and the execution of such an agreement.  She noted that the Orange Community Housing Corporation could not legally be a member of the consortium.  She noted that there was no withdrawal provision for the first three years of the consortium.  Ms. Vaughn said the staff suggested that Orange County be the lead agency for the consortium.  Ms. Vaughn noted that there was no matching requirement for the first year of the program.

 

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

 

Council Member Capowski said he feared establishing a long-term bureaucracy.  Ms. Vaughn noted that the life of the program could be as long as ten years.  Council Member Capowski inquired how much funding would be required in future years.  Ms. Vaughn said no funding would be required after the third year of the program.

 

THE MOTION TO ADOPT RESOLUTION 5 WAS PLACED ON THE FLOOR AND ADOPTED UNANIMOUSLY (8-0).

 

A RESOLUTION AUTHORIZING PARTICIPATION IN AN ORANGE COUNTY HOUSING CONSORTIUM AND THE EXECUTION OF A HOME INVESTMENT PARTNERSHIP PROGRAM CONSORTIUM AGREEMENT (92-7-6/R-5)

 

WHEREAS, the Home Investment Partnership Act has authorized availability of new HOME grants for housing purposes; and

 

WHEREAS, the Towns of Carrboro, Chapel Hill, Hillsborough, and the County of Orange have proposed to form a consortium to apply for HOME funds; and

 

WHEREAS, forming of such a consortium for the purposes of the HOME Investment Partnership Program would further the local partnership to develop low-cost housing, begun in 1990 with the formation of Orange Community Housing Corporation and continued in 1991 with the adoption of a county-wide Consolidated Housing Affordability Strategy;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town's participation in the Orange County Housing Consortium and authorizes the Manager to execute on behalf of the Town a HOME Investment Partnership Program Consortium Agreement in substantially the form submitted with the Manager's report of July 6, 1992 on this matter.

 

BE IT FURTHER RESOLVED that the Managers or other authorized representatives of the participating jurisdictions are hereby authorized to make minor amendments to the Agreement that may become necessary.

 

This the 6th day of July, 1992.

 

Ms. Vaughn said Resolution 6 outlined how program funds would be expended.  She noted that two persons had attended a public hearing on April 22nd concerning the proposed program.  Council Member Werner inquired whether the program included funding for the proposed Erwin Village affordable housing project.  Ms. Vaughn said yes.  Council Member Werner asked whether proceeding with this project and future sections of Culbreth Park were dependent on receipt of the grant.  Ms. Vaughn said this was correct.

 

COUNCIL MEMBER WILKERSON MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 6.

 

Council Member Capowski inquired whether it was correct that landlords were ineligible for OWASA and other subsidies.  Mayor Broun said this was correct.  Mr. Horton noted that the Council had requested deferral of action on the OWASA item.

 

RESOLUTION 6 WAS ADOPTED UNANIMOUSLY (8-0).

 

A RESOLUTION APPROVING A HOME PROGRAM FOR THE ORANGE COUNTY HOUSING CONSORTIUM AND AUTHORIZING THE LEAD ENTITY TO SUBMIT AN APPLICATION TO THE STATE'S HOME CONSORTIA PROGRAM (92-7-6/R-6)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the 1992-93 HOME Program for the Orange County Housing Consortium, as described in the Manager's memorandum to the Council dated July 6, 1992.

 

BE IT FURTHER RESOLVED that Orange County as the Lead Entity for the Orange County Housing Consortium is hereby authorized to submit an application pursuant to the approved 1992-93 HOME program and in the amount of $1,000,000 to the State's HOME Consortia Program.

 

This the 6th day of July, 1992.

 

Mr. Horton and Mayor Broun commended Ms. Vaughn for her efforts relative to the HOME program.

 

           Item 11 Hotel-Motel Tax Fund Allocations

 

Parks and Recreation Director Mike Loveman said the staff was recommending the allocation of hotel-motel tax funds for several cultural events and visitor information services.  He noted that five projects were recommended for funding.

 

Council Member Werner said an extraordinary amount of time was spent evaluating hotel-motel tax allocation requests.  Council Member Werner said he was not necessarily in complete agreement with the staff recommendations.  He suggested that the Council either accept the staff recommendations or have a Council committee review the recommendations over the summer.  Council Member Andresen said this was a fair suggestion.  She said the staff had done a good job of evaluating many worthwhile projects.

 

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO APPOINT A MAYOR'S COMMITTEE TO REVIEW HOTEL-MOTEL TAX ALLOCATION RECOMMENDATIONS.

 

Council Member Capowski said he had serious reservations about the funding recommendations.  Council Member Rimer suggested that the Council rank each proposal on a scale of one to five to establish a centroid of interest.  Mayor Broun said it was a good idea for the Council to have some more participation in the funding recommendations.  Council Member Wilkerson suggested that in the future the Council establish a committee to work with the staff on funding recommendations at the outset of the process.

 

Mayor Broun said he would accept the names of Council members to make recommendations to the Council at the August 24th meeting.

 

THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

                  Item 12  Streetscape Report

 

Mr. Horton stated that Wallace Kuralt had requested additional time to further examine the Manager's reaction to his proposal for the downtown area.  Council Member Capowski suggested that the staff contact other communities to learn of their successes in streetscape plans.

 

Mr. Waldon said the drafting of a streetscape plan for the downtown area was a highly participatory task, which required review by a wide variety of boards and individuals.  He stated that the staff was recommending that the Council receive the report and refer it to boards and commissions for further review.  Mr. Waldon added that the Council might wish to call a public hearing on the proposal in the future.  He stated that the staff proposed reviewing the plan section by section with individual boards and commissions.  Mr. Waldon invited the Council to attend some of these sessions.  He noted that the plan's emphasis would be on enhancing pedestrian experiences without impeding the movement of vehicles.  Mr. Waldon said implementation of the plan would be incremental, with interaction necessary between the Town and private property owners.  He noted that adoption of Resolution 9 was recommended.  Council Member Andresen said the plan looked very interesting.

 

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 9.

 

Council Member Rimer noted that the inception of the downtown streetscape design concept had occurred about four years ago with the concept of design guidelines.  He said the proposed project could play an important role in revitalizing the downtown area.

 

THE MOTION TO ADOPT RESOLUTION 9 WAS ADOPTED UNANIMOUSLY (8-0).

 

A RESOLUTION REFERRING A PRELIMINARY STREETSCAPE REPORT TO VARIOUS GROUPS FOR REVIEW AND COMMENT (92-7-6/R-9)

 

WHEREAS, the Chapel Hill Town Council has directed that study be made of Chapel Hill's downtown for purposes of coordinating public investment in downtown improvements; and

 

WHEREAS, the Town Manager has presented the Council with a Preliminary Downtown Streetscape Report;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council receives the report, and requests that the following boards and organizations review the report, and prepare comments for the Council's consideration:

 

     - Town Advisory Boards and Commissions, including:

 

          Planning Board

          Appearance Commission

          Design Review Board

          Transportation Board

          Historic District Commission

 

     - Groups interested in Economic Development, including:

             

          Chamber of Commerce

          Economic Development Commission

          Visitors Bureau

 

     - Groups with a special interest in downtown, including:

         

          Downtown Commission

          Downtown Association

 

     - University of North Carolina

 

     - N.C. Department of Transportation.

 

BE IT FURTHER RESOLVED that the Council directs the Town Manager to schedule a general Public Information Meeting to present and discuss the preliminary report.

 

This the 6th day of July, 1992.

 

Noting that he was looking forward to implementation of a downtown streetscape plan, Mayor Broun thanked Mr. Waldon and the staff for their efforts with the plan.

 

                    Item 13  Consent Agenda

 

COUNCIL MEMBER WILKERSON MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 10.

 

Council Member Capowski requested removal of item "o".

 

THE MOTION TO ADOPT RESOLUTION 10, EXCEPTING ITEM "O" WAS ADOPTED UNANIMOUSLY (8-0).

 

A RESOLUTION APPROVING VARIOUS ORDINANCES AND RESOLUTIONS

(92-7-6/R-10)

 

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

 

          a.   Minutes of June 8 and 15.

          b.   Setting date for quarterly planning and reporting session (R-11)

          c.   Authorizing sale of General Obligation bonds

              (R-12).

          d.   Colony Woods West capital improvements (R-13).

          e.   Umstead Park and Community Center capital improvements (R-14).

          f.   Penalties DOTA (O-1).

          g.   Zoning of Oaks III, Phase B5a subdivision (O-2).

          h.   15-501 corridor study (R-15).

          i.   Human services performance agreements (R-16).

          j.   Head Start lease agreement (R-17).

          k.   Contract with Downtown Commission (R-18).

          l.   Traffic regulations for new streets (O-3).

          m.   Deleted.

          n.   Certification of police/public safety roster

              (R-20).

          o.   Supporting goals of the North Carolina Public Transportation Coalition (R-21).

          p.   Amendment to Community Development Entitlement Program (O-4).

 

This the 6th day of July, 1992.

 

 

A RESOLUTION SCHEDULING A QUARTERLY PLANNING SESSION OF THE COUNCIL (92-7-6/R-11)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council will hold a quarterly planning session from 5:30 pm to 9:00 pm on August 31, 1992 in the Council Conference Room on the first floor of Town Hall, 306 North Columbia Street.

 

This the 6th day of July, 1992.

 

 

 

A RESOLUTION ACCEPTING A BID AND AWARDING A CONTRACT FOR THE REHABILITATION WORK AT COLONY WOODS WEST PUBLIC HOUSING NEIGHBORHOOD (92-7-6/R-13)

 

WHEREAS, the Town of Chapel Hill has solicited formal bids by advertisement in The Chapel Hill Newspaper on June 7, 1992 in accordance with G.S. 143-129 for rehabilitation work; and

 

WHEREAS, the following bids were received and opened on June 17, 1992:

 

     Contractors                           Bid Amount

 

Cox Contracting, Incorporated                   $269,500.00

E. D. Barnes & Sons, Builders, Inc.        $413,253.00

Skylight Exchange, Incorporated            $449,500.00

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town accepts the bid and awards a contract to Cox Contracting, Incorporated in the amount of $269,500.00 for rehabilitation work at the Colony Woods West public housing neighborhood.

 

This the 6th day of July, 1992.

 

 

A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACTS FOR THE CAPITAL IMPROVEMENTS TO UMSTEAD PARK AND COMMUNITY CENTER (92-7-6/R-14)

 

WHEREAS, the Town of Chapel Hill has solicited formal bids by legal notice in The Chapel Hill Newspaper on May 24, 1992 in accordance with G.S. 143-129 for the Capital Improvements to Umstead Park and Chapel Hill Community Center; and

 

WHEREAS, the following bids were received and opened on June 16, 1992:

 

 

     I.     New Shelter Building and Renovations to Umstead Park

 

                                Paint      Stain     Total

Vendor             Base Bid   Interior   Exterior    Bid

 

Sierra Enterprises  $ 49,895    $ 2648     $ 3050    $ 55,593

CSSI Construction     63,800      2760       2400      68,960

Brooks & Sons         66,682      3200       3650      73,532

Patriot Builders      67,500      3100       3600      74,200

Trout & Riggs         72,800      3200       1700      77,700

Hardy-Ward            74,900      1300       1500      77,700

IJS Corporation       78,480      3440       3125      85,045

 

 

     II.    Pool Mechanical System Renovations-Community Center

 

Vendor             Base Bid

 

Hockaday Mechanical $144,138

Comfort Engineering  148,750

Rural Plumbing &

    Heating          153,320

Southern Piping      159,946

 

 

     III.   New Gym Floor-Community Center

 

Vendor             Base Bid

 

Royal Wood Assoc.   $ 25,337

Southern Flooring     25,527

R.L. Dresser, Inc.    35,688

CSSI Construction Co. 39,000

Sierra Enterprises    42,500

 

WHEREAS, Sierra Enterprises withdrew their bid as permitted by G.S. 143-129.1;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town accepts bids and awards contracts to

 

     Project   I:  CSSI Construction       $ 68,960

     Project  II:  Hockaday Mechanical     144,138

     Project III:  Royal Wood Associates     25,337

 

for capital improvements to Umstead Park and Chapel Hill Community Center in the amount of $238,435.

 

This the 6th day of July, 1992.

 

 

AN ORDINANCE ESTABLISHING INCREASED PENALTIES FOR VIOLATION OF THE CHAPEL HILL DEVELOPMENT ORDINANCE (92-7-6/O-1)

 

WHEREAS, the North Carolina General Assembly in 1991 enacted an amendment to General Statute 14-4 providing that violations of municipal ordinances are subject to an increased fine of up to $500; and

 

WHEREAS, the 1991 Legislation requires that in order for the authorized fines to be greater than $50.00 the Ordinance must expressly state what the maximum fine is;

 

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

 

     Section 1.  Article 23 ENFORCEMENT of the Town of Chapel Hill Development Ordinance, Section 23.4, is hereby amended by revising the first paragraph thereof to read as follows:

 

          "Any violation of any provision of any Article of the Chapel Hill Development Ordinance shall constitute a misdemeanor and shall subject the violator to a penalty of five hundred dollars ($500.00) or imprisonment for not more than 30 days."

 

     Section 2.  This Ordinance shall become effective upon adoption of this ordinance.

 

This the 6th day of July, 1992.

 

 

AN ORDINANCE TO ZONE NEWLY ANNEXED LAND - PHASE B5A OF THE OAKS III SUBDIVISION (92-7-6/O-2)

 

WHEREAS, the Council of the Town of Chapel Hill has annexed petitioned property described as Phase B5a of the Oaks III subdivision identified on the attached map; and

 

WHEREAS, the Council has considered appropriate zoning designations for this property in the context of existing Durham County zoning, the size of existing lots, compatibility with uses in the surrounding areas, and Chapel Hill's 1986 adopted Land Use Plan; 

 

NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill that zoning (Residential 1-A) be assigned to the above-mentioned property as designated on the attached map.

 

This is the 6th day of July, 1992.

 

 

A RESOLUTION ENDORSING THE PROPOSED SCOPE OF WORK FOR A U.S. 15‑501 BOULEVARD CORRIDOR STUDY (92-7-6/R-15)

 

WHEREAS, the Town of Chapel Hill recognizes the importance in preparing in a comprehensive transportation analysis of the U.S. 15‑501 Boulevard between Chapel Hill and Durham: and

 

WHEREAS, the Town Council has reviewed the proposed scope of work for the U.S. 15‑501 Corridor Study;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council endorses the attached Scope of Work and directs the Manager to proceed in finalizing cost estimates and developing a cost sharing program between Chapel Hill, Durham, North Carolina Department of Transportation and adjacent property owners.

 

This the 6th day of July, 1992.

 

 

A RESOLUTION AUTHORIZING PERFORMANCE AGREEMENTS AS RECOMMENDED BY THE HUMAN SERVICES ADVISORY BOARD (92-7-6/R-16)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves, and authorizes the Manager to enter into on behalf of the Town, performance agreements with the following human service agencies in 1992-93 for services described in the Human Services Advisory Board's report to the Council on May 26, 1992.

 

     Agency                                              Amount

 

Association for Retarded Citizens                       $5,500

Charles House                                           $2,550

Consumer Credit Counseling Service                  (O.C.I.M.)     $4,200

Day Care Services Association                           $9,000

Dispute Settlement Center                               $3,000

Franklin Street Teen Center                             $3,000

Joint Orange-Chatham Community Action                   $4,000

Mental Health Association in Orange County              $2,000

Orange County Literacy Council                          $3,500

Orange County Rape Crisis Center                       *$8,000

Orange County Women's Center                            $3,500

Orange/Durham Coalition for Battered Women             *$7,000

Planned Parenthood of Orange and Durham Counties        $2,500

Rural Opportunities Corporation                         $5,250

Volunteers for Youth                                    $4,000

 

          TOTAL:                                        $67,000

 

This the 6th day of July, 1992.

 

 

A RESOLUTION AUTHORIZING A SUBLEASE AGREEMENT WITH THE CHAPEL HILL-CARRBORO HEAD START PROGRAM FOR A CLASSROOM IN THE LINCOLN ART  CENTER (92-7-6/R-17)

 

WHEREAS, the Report of the Task Force on Reducing Violent Crime and Illegal Drug Use recommended that the Town locate and make available space for the expansion of the local Head Start Program; and

 

WHEREAS, the Chapel Hill-Carrboro Head Start Program meets an important community need through the provision of classes and health services for preschoolers from low-income families in Chapel Hill and Carrboro; and

 

WHEREAS, the Chapel Hill-Carrboro Head Start Program maintains a waiting list of eligible children which currently includes over 60 children; and

 

WHEREAS, the Town of Chapel Hill currently leases the Lincoln Art  Center from the Chapel Hill-Carrboro School System and the lease will expire on December 31, 2007; and

 

WHEREAS, the programs of the Town, the Head Start Program and the School System can benefit from the renovation of the Lincoln Art Center space;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to enter into, on behalf of the Town, a sublease agreement in substantially the form attached with the Chapel Hill-Carrboro Head Start Program for a classroom in the Lincoln Art Center.

 

This the 6th day of July, 1992.

 

 

A RESOLUTION AUTHORIZING AN AGREEMENT WITH THE CHAPEL HILL - CARRBORO DOWNTOWN COMMISSION IN 1992-93 (92-7-6/R-18)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to execute agreement with the Downtown Chapel Hill - Carrboro Commission regarding the Commission's performance of services and regarding operation of the downtown trolleys in 1992-93 in substantially the form of the 1991-92 agreements, except that provisions on promotion and evaluation of trolley services, and following the Open Meetings law for the Commission's Board meetings shall be added; and the allocation of funds for specific purposes shall be as described in the Manager's report of July 6, 1992 to the Council, a copy of which shall be retained with the records of this meeting.

 

This the 6th day of July, 1992.

 

 

 

 

 

AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES

(92-7-6/O-3)

 

BE IT ORDAINED by the Council of the Town of Chapel Hill.

 

                           SECTION I

 

That Section 21-13(a) of the Town Code of Ordinances, "Right-of-way and stop regulations" is amended by inserting the following therein, in appropriate alphabetical order:

 

Through Street

Stop Street

 

Collinson Drive

Catesby Lane

Collinson Drive

Nuttal Place

Chippoaks Drive

Tabscott Run

Chippoaks Drive

Green Willow Court

Marin Drive

Colburn Point

Marin Drive

Adams Way

Marin Drive

Dorset Point

Westbury Drive

Marin Drive

Oxford Hills Drive

Oxford Hills Place

Oxford Hills Drive

Red Cedar Place

Oxford Hills Drive

Wilder Place

Oxford Hills Drive

Old Oxford Road (northern intersection­)

Markham Drive

Old Oxford Road

Old Oxford Road

Oxford Hills Drive (southern intersection)

Culbreth Road

Adams Way

Erwin Road

Chippoaks Drive

Piney Mountain Road

Collinson Drive

Sweeten Creek Road

Landing Drive

Sweeten Creek Road

Toynbee Place

Sweeten Creek Road

Yukon Lane

 

                          SECTION II

 

That Section 21-11 (B)(2) of the Town Code of Ordinances "Twenty-five (25) miles per hour on the following streets" is amended by inserting the following therein in appropriate alphabetical order:

 

Adams Way

Oxford Hills Drive

Catesby Lane

Oxford Hills Place

Chippoaks Drive

Red Cedar Place

Coburn Point

Tabscott Run

Collinson Drive

Toynbee Place

Green Willow Court

Wilder Place

Landing Drive

Yukon Lane

Marin Drive

 

Nuttal Place

 

 

                          SECTION III

 

That Section 21-13(c) of the Town Code of Ordinances, "Right-of-way and stop regulations" is amended by inserting the following therein, in appropriate alphabetical order:

 

                        Intersection(s)

 

                   Adams Way/Westbury Drive

 

                          SECTION IV

 

The ordinance shall be effective on Monday, August 3, 1992.

 

                           SECTION V

 

All ordinance and portion of ordinances in conflict herein are hereby repealed.

 

This the 6th day of July, 1992.

 

 

A RESOLUTION AUTHORIZING CERTIFICATION OF FIREFIGHTERS

(92‑7‑6/R‑20)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the  Mayor is hereby authorized to certify to the North Carolina  Firefighters' Pension Fund the attached roster of Firefighters and Public Safety Officers employed by the Town of Chapel Hill on June 30, 1992.

 

This the 6th day of July, 1992.

 

 

AN ORDINANCE TO AMEND THE 1991 COMMUNITY DEVELOPMENT ENTITLEMENT GRANT PROJECT ORDINANCE (92-7-6/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 Statutes of North Carolina, the following grant project ordinance is hereby amended:

 

                           SECTION I

 

The projects authorized are the Community Development projects as approved by the Council on June 8, 1992:  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 1992 Entitlement Community Development Grant.  The grant activities include rehabilitation of public housing, assistance to low-income homeowners in repairing their homes, and rental opportunities for low-income families.

 

                          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:

 

   Community Development Grant                  $339,000

   Program Income                               $  8,726

          Total                                 $347,726

 

                          SECTION IV

 

The following amounts are appropriated for the project:

 

   Rehabilitation of Public Housing             $147,181

   Housing Program                              $131,000

   General Administration                       $ 69,545

          Total                                 $347,726

 

                           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 HUD as required by the grant agreement(s) and federal and State regulations.

 

                          SECTION VI

 

Funds may be advanced from the General Fund for the purpose of making payment as due.  Reimbursement requests should be made to HUD in an orderly and timely manner.

 

                          SECTION VII

 

The Manager is directed to report annually on the financial status of each project in Section IV and on the total grant revenues received.

 

                         SECTION VIII

 

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

 

This the 6th day of July, 1992.

 

 

Council Member Capowski said he had requested removal of item "o" to give the item some publicity.  He emphasized the importance of anything that could be done to encourage the North Carolina Department of Transportation to increase funding for programs to encourage the use of non single-occupant vehicles.  Council Member Capowski inquired whether it was correct that the Council was not voting to spend money at this time.  Mr. Horton said the staff would develop a specific budget and work plan in the future.

 

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT RESOLUTION 21.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

A RESOLUTION ENDORSING CHAPEL HILL'S SUPPORT FOR THE NORTH CAROLINA COALITION FOR PUBLIC TRANSPORTATION (92-7-6/R-21)

 

WHEREAS, the Town of Chapel Hill has supported full implementation of the 1991 Intermodal Surface Transportation Efficiency Act and increased funding for public transportation; and

 

WHEREAS, the purpose of the Coalition for Public Transportation would be to develop an agenda of legislative and administrative goals and then pursue those goals in the North Carolina General Assembly and the North Carolina Department of Transportation; and

 

WHEREAS, those goals are consistent with the Town's desire to promote a balanced transportation system;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council endorses the goals of the North Carolina Coalition for Public Transportation and requests that the Coalition present the Council with a proposed specific work program and budget for the Council's consideration.

 

This the 6th day of July, 1992.

 

                 Item 14  Information Reports

 

Council Member Rimer inquired about the schedule for meetings with the Department of Transportation concerning U.S. 15-501.  Mayor Broun noted that a meeting with North Department of Transportation Secretary Harrelson was scheduled for July 7th.

 

Council Member Capowski said he had been delighted to read the report on single-occupant vehicles.  He noted that the Town would have to wrestle with many automobile-related issues in the future.  Council Member Capowski suggested that the Council have a statement to encourage the Department of Transportation to use the Federal ISTEA act to provide funding for alternative means of transportation.  He stated that more and bigger roads were built, open space and neighborhoods would suffer, resulting in a diminished quality of life.  Council Member Capowski said making cars less polluting would not be sufficient.  He also emphasized the importance of multi-use projects.

 

                    Item 15  Executive Session

 

The Council reviewed the terms of a proposed settlement of the lawsuit brought by Phillip J. Thomas and authorized the Town Attorney to proceed with the proposed settlement.  The terms of the settlement are contained in a Settlement Agreement and Consent Order on file in the Town Clerk's Office.

 

The meeting stood adjourned at 11:29 p.m.