MINUTES OF A PUBLIC HEARING HELD BY THE MAYOR AND COUNCIL OF THE

TOWN OF CHAPEL HILL, NORTH CAROLINA, MONDAY, NOVEMBER 16, 1992

Mayor Broun called the hearing to order. Council Members in attendance were Julie Andresen, Barbara Booth-Powell, Joyce Brown, Joe Capowski, Mark Chilton, Joe Herzenberg, Alan Rimer and Arthur Werner. Also in attendance were Assistant to the Mayor Lisa Price, Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Planning Coordinator Jennie Bob Culpepper and Town Attorney Ralph Karpinos.

Item 1 Hearing on Special Use Permit Request

for North Forest Hills Park

Parties wishing to testify in the matter were sworn by the Clerk.

Town Manager Horton requested that materials pertaining to the application be entered into the record of the hearing. Mayor Broun concurred with his request. Mr. Horton noted that Planning Director Roger Waldon was out-of-town, assisting the City of Winston-Salem with its downtown development design charrette.

Jennie Bob Culpepper noted that the applicant for this request was the Town. Speaking as the project's regulator, Ms. Culpepper noted that acquisition of the proposed park had been completed in 1989. She briefly reviewed the proposal, noting that proposed access would be off Collums Road. Ms. Culpepper said that the staff recommended adoption of Resolution A, approving the special use permit request. She noted that one of the proposed conditions of approval included the paving of Collums Road from the end of its paved surface to Indian Trail.

Parks and Recreation Director Mike Loveman presented the owner's perspective, noting that the facility had been designed to balance active and passive facilities. Mr. Loveman noted that the provision of minimally-sized restrooms, site lighting and a six-car parking lot were included in the development proposal. He added that the majority of project construction work would be completed by a contractor in a single phase. Mr. Loveman expressed the Town's intent to meet the proposed conditions of approval in the event that the request were approved by the Council.

Marcella Groon, representing the Planning Board, said the Board had unanimously recommended (6-0) approval of the special use permit request. She added that the Board's concerns about the project had been adequately addressed by staff.

Lee Pavao, Chairperson of the Parks and Recreation Commission, said the Commission had recommended approval of the application and funding to complete the development.

George Shaw, a resident of North Forest Hills subdivision, said he supported the proposal and that he believed the majority of his neighbors concurred with the park proposal. Mr. Shaw noted that he had earlier submitted a petition requesting that the proposed park be named Jonathan Irwin Park, in honor of a young neighborhood resident killed in a car-bicycle accident.

Ray Troutner expressed concern about the proposed inclusion of basketball courts in the proposal. Mr. Troutner said the courts would disturb the neighborhood's peace, serenity and tranquility. He also expressed concern about the proposed paving of a portion of Collums Road and the provision of restrooms and lighting at the park. Mr. Troutner requested that the Council consider that the proposed park was in his backyard.

Joan Pharr, an original homeowner on Forbush Mountain Drive, said she favored a neighborhood park with passive structures. Ms. Pharr said she did not favor a community park. Ms. Pharr stated that she did not understand why the paving of the remainder of Collums Road, and lighting and restroom facilities were necessary for a neighborhood park. She expressed concern that other parks were more in need of restroom facilities than the proposed project. Ms. Pharr stated that the original intent of having no active play structures and lighting at the park were being ignored.

Herschel Slater, a former member of the Parks and Recreation Commission, said he endorsed the proposal. He stated that the proposed park plan was a compromise, addressing the concerns of area citizens. Mr. Slater also said the park would be a lovely neighborhood park in a lovely area. He expressed hope that the Council would support the proposal.

Rebecca Battye, a neighbor of the proposed North Forest Hills Park, said she favored a downscaled project, rather than the one proposed.

William Battye expressed concern that Security Building Company had not spoken to adjoining property owners about recent correspondence relative to the proposed park. He said the original proposal was for a passive neighborhood park. Mr. Battye added that several neighbors were especially concerned about the inclusion of basketball courts in the park.

Janet Meegan expressed concern about the proposed inclusion of basketball courts in the park plan.

Lewis Orde, a member of the Parks and Recreation Commission, said he favored the proposed park. Mr. Orde said the park would be an ideal playground for children.

Marila Stone expressed concern about a proposed ten-foot paved path between the park entrance and the basketball court area. Ms. Stone also said she was concerned about the security of her home relative to the proposed location of the park's facilities. She stated that a local realtor had indicated that a passive park would enhance the values of area properties.

Merrill Wolf, a homeowner on Forbush Mountain Road, said although she favored the concept of a park in the area, the proposal appeared to be for a town, rather than neighborhood, park. She expressed concern about security at the proposed park.

Steven White, a resident of Forbush Mountain Road, said his property abutted the proposed project. Mr. White said although he favored a park in the area, he was concerned that the proposal did not appear to be a neighborhood park. He stated that the Planning Board had failed to prove the project would maintain or enhance area property values. Mr. White also stated that the Planning Board had failed to demonstrate that security risks would be negligible.

Harry Watson, a resident of Apple Street, said bathrooms were needed for children using the park. He added that the park should be available for all neighbors.

Sian Hunter-White, a Forbush Mountain Drive resident, read a letter from the Stubblefield family requesting rejection of the proposal on the basis that it would not maintain or enhance area property values. Ms. Hunter-White said a ten-foot wide road was inconsistent with a neighborhood park. She expressed concern that the first notice of the proposal had been mailed to area residents in September. Ms. Hunter-White distributed a copy of the Stubblefields' letter to the Mayor and Council.

Peter Stone stated that persons favoring the proposal did not live in the immediate vicinity of the proposed park. He said the development of a neighborhood passive park was desirable for area property values.

Noting that his son had been killed while riding on a bicycle in a recent accident on area street, William Irwin stated that a play area was needed for area children. Mr. Irwin expressed his support for the proposed park.

Council Member Andresen inquired about the total amount to be spent on the project. Mr. Loveman said approximately $302,000, including $144,000 for land acquisition. Council Member Andresen inquired why road improvements were needed and how they would be funded. Mr. Horton stated that development normally made improvements across the frontage of facilities to the nearest intersection. He added that the roadway would provide smooth entry access. Mr. Horton said capital improvement funding would be used to pay for the roadway. Council Member Andresen inquired about the primary service purpose of the park. Mr. Loveman said neighborhood residents, although it would be possible for people to come from other parts of Town.

Council Member Andresen asked whether the park would close at dusk. Mr. Loveman said this was correct. He added that police officers would periodically patrol the park after hours. Council Member Andresen asked whether patrolling the park would be easier if lighting were provided. Mr. Loveman said a shelter building outside the park would allow police to survey the park from a distance, with minimal lighting to deter trespassing. Council Member Andresen inquired whether the possibility of roping the roadway had been discussed. Mr. Loveman said this could possibly be explored in the future. He noted that the ten-foot wide path to the basketball courts was intended to accommodate wheelchairs and pedestrians. Council Member Andresen asked whether it was correct that automobiles could not go around bollards. Mr. Loveman said this was correct.

Council Member Werner inquired about the source of park funding. Mr. Loveman said a portion would be derived from capital reserves, with the balance from payment-in-lieu funds from the Lee Court subdivision. Council Member Werner asked how much land was dedicated with the development of the neighborhood. Mr. Loveman said 3.4 acres had been dedicated, with the remaining six acres purchased with capital reserve funds. Council Member Werner inquired about the Town's obligation to make the park accessible to those living in the Lee Court subdivision. Mr. Loveman said the proposed parking area was partially provided for use by Lee Court residents. Council Member Brown inquired about estimated annual maintenance costs for the park. Mr. Loveman said these would be relatively minimal, totalling an estimated $1,400 per year. Council Member Brown requested a report from the Town Attorney concerning Security Title's dedication letter.

Council Member Rimer suggested that shields could possibly be installed on security lights to minimize glare and unwanted reflections into neighboring properties. He said the concept of lighting a park which would not be used at night did not make much sense. Council Member Rimer also said he could not understand why a road to the basketball court needed to be paved.

Council Member Capowski asked whether a cost estimate had been calculated for paving Collums Road to Dixie Drive. Mr. Loveman said no. Council Member Capowski said he did not see the logic of only paving the road to Virginia Drive. He also inquired whether the Town currently had a similar park with a track record on safety and other matters. Mr. Loveman said the Town did not currently have a park which was very similar to the proposed North Forest Hills Park. Council Member Capowski inquired about the comparability of Jones Park. Mr. Loveman said Jones Park was a little more isolated and had multiple accesses.

Council Member Capowski requested that the staff's follow-up memorandum include information on crime and vandalism at area parks. He also requested that the staff put stakes in the ground to designate the proposed location of basketball and volleyball courts at the park. Council Member Capowski also emphasized the importance of prohibiting parking in area streets. He asked whether it was correct that the basketball court would not be lighted. Mr. Loveman said this was correct.

Council Member Booth-Powell expressed concern that prohibiting parking in the street might penalize area residents and guests. She requested that the staff provide alternative suggestions in the follow-up report. Council Member Booth-Powell asked whether possible motorized bike usage had arisen as a possible concern relative to the proposed park. Mr. Loveman responded that motocross bikes had been a concern at other parks facilities. He added that this was not a major issue relative to the path to the basketball court.

Council Member Booth-Powell requested that the staff's follow-up report include information on strategies for reducing lighting glare in the neighborhood. Council Member Herzenberg requested that the staff follow-up report include information on the pedestrian distance between Lee Court subdivision and the proposed park. Noting that he had walked the proposed site earlier in the day, Council Member Chilton said if he understood site flagging he shared concerns about facility lighting. Council Member Chilton stated that Council Member Rimer had made some good suggestions about diminishing the impact of lights. He also noted that during his earlier site visit, two very young neighborhood residents had expressed interest in playing at the park in the future. Mayor Broun asked whether the applicant agreed to the proposed conditions of approval. Mr. Loveman said yes.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO RECESS THE HEARING TO DECEMBER 7TH. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 2 Hearing on Comprehensive Housing Affordability Strategy

Mr. Horton noted that Town staff was working with neighboring communities to identify joint affordable housing goals and objectives and housing needs in Orange County.

Housing and Community Development Director Tina Vaughn briefly reviewed the Town's proposed five-year Comprehensive Housing Affordability Strategy. She noted the need to revise and update the Town's housing goals and strategy for 1993. Ms. Vaughn briefly reviewed proposed 1993 goals. She stated that copies of the proposed update were available for inspection at the Housing and Community Development Department, the Town Hall and the Public Library. Ms. Vaughn stated that after a thirty-day comment period, a final draft proposal would be prepared for submittal to the United States Department of Housing and Urban Development.

Patricia Davies, President of the Chapel Hill-Carrboro Resident Council and Trinity Court Neighborhood Association, expressed concern that insufficient information was being provided to public housing residents about low-income housing opportunities. Ms. Davies said the Resident Council would appreciate giving input on the proposed Comprehensive Housing Affordability Strategy.

Council Member Werner inquired whether a special use permit application had been received from the Mental Health Association. Noting that the Association had only recently received notice of its grant approval, Ms. Vaughn said a special use permit application might be received in the near future. Council Member Werner inquired about the Interfaith Council's plans for establishing a transitional housing program. Ms. Vaughn said the Interfaith Council and Orange Community Housing Corporation had expressed interest in constructing transitional housing, involving primarily low-income apartments for single individuals. Council Member Brown requested that the staff provide a follow-up report on Ms. Davies' concerns about homeownership opportunities and how they could be rectified. She also requested additional information concerning non-profit corporations as referenced on page thirteen of the staff's memorandum.

Council Member Booth-Powell asked whether the HOPE I program was specific to the Airport Gardens public housing neighborhood. Ms. Vaughn said staff was seeking further clarification of this matter from federal housing officials. She noted that the program was most likely limited to conventional units.

Council Member Herzenberg noted that the AIDS Service Agency of Orange County had applied for a HUD grant to house six or seven people. He requested that the staff's follow-up report note that the great needs for housing of AIDS patients. Council Member Herzenberg said the near-term change in presidential administration would likely result in considerable change in federal housing policies. Council Member Capowski asked whether Airport Gardens public housing units could be owner-occupied. Ms. Vaughn said she believed this was correct. Council Member Capowski asked how many units could be sold to tenants. Ms. Vaughn said this had not been determined. Council Member Capowski asked why it had been difficult to identify homebuyers for the Culbreth Park subdivision. Ms. Vaughn said it was quite difficult to find persons who met income requirements who would be able to consistently make house payments. Council Member Capowski asked whether a site had been determined for the proposed mental health units. Ms. Culpepper indicated that the proposed site was near the intersection of Park Road and Longview Drive.

Council Member Andresen inquired about the possibility of expanding the income eligibility window of opportunity. Ms. Vaughn noted that most guidelines for programs of this type were quite restrictive, with most requiring that families earn eighty percent or less of the area's median income. Council Member Andresen suggested that alternate program guidelines be explored.

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

Item 3 Development of 3-Year Community Development Plan

Mr. Horton stated that the process for developing the plan would continue as a part of the Town's budget preparation and review process. He noted that as many ideas as possible would be welcomed. Ms. Vaughn briefly reviewed the program's elements, noting that funds were primarily used for rehabilitation programs at present. She noted that economic development projects could also be included in the proposed development plan. Ms. Vaughn said staff would compile comments from interest persons and develop a proposed spending plan for consideration at a second public hearing on March 17, 1993.

Vernessa Taylor, Program Director of the Rural Opportunities Corporation (ROC) said one of the Corporation's primary missions was to initiate economic-development related programs and activities to mitigate the crises of underrepresented communities. She also said ROC wished to begin a community learning facility to develop job skills of area residents. Ms. Taylor said the program would also emphasize marketing of products made at the learning facility. She also stated that the programs would be instrumental in assisting some families in transitioning into affordable housing. Ms. Taylor emphasized the importance of developing a minority business incubator in the community to provide job training and service for low-income participants. She noted that a $50,000 grant from the Town would provide significant assistance in the development of ROC's programs. Ms. Taylor also said that local merchants would ultimately benefit from the proposed programs. She stated that a two to three year program paralleling the Town's community development program was proposed.

Noting that the proposed program sounded admirable and ambitious, Council Member Werner inquired about the specific proposed spending plan for Town funds. Ms. Taylor said grant funds could be used for equipping the small business incubator. She noted that a possible budget was outlined on page forty-one of the agenda item before the Council. Council Member Andresen said the proposal had some very appealing aspects. She inquired about the amount of Town flexibility in determining the appropriateness of programs for funding. Mr. Horton said funds could be used for any programs deemed eligible by United States Department of Housing and Urban Development guidelines. Council Member Andresen asked whether it was possible to develop performance agreements for the programs. Mr. Horton said yes. Council Member Andresen emphasized the importance of accounting for funds expended. Council Member Capowski inquired about the progress of the community learning facility to date. Ms. Taylor stated that the program had not yet been initiated. She noted that a table concerning the program reflected projections only.

Noting that he had read through the objectives of the three-year community development program, Paul Tripodi said ROC's staff was very professional and committed. He emphasized the importance of expanding economic opportunities through programs such as the Rural Opportunities Corporation jobs training program. Mr. Tripodi said the program could be instrumental in simultaneously developing people, business and affordable housing.

Patricia Davies said the Chapel Hill-Carrboro Residents Council stood behind ROC and its efforts. Ms. Davies noted the importance of the Town's Drug Elimination Grant Program meeting the needs of public housing residents. She also suggested that more and better input was needed on what was happening in housing neighborhoods relative to drug elimination efforts.

Harvey Reid said he believed ROC's mission was an important one. He requested that the Council provide funding to initiate the programs proposed by the Midway Development Commission and the Rural Opportunities Corporation. Mr. Reid also emphasized that a high profile of the Graham Street area needed to be created to create greater cash flow in smaller businesses.

Mayor Broun inquired whether the Midway Development Commission and Rural Opportunities Corporation were developing joint action plans. Mr. Reid said that meetings were planned to discuss logistics of cooperation between the two groups.

Joann Shirer said she was attempting to start a small business with the assistance of HUD grant funds. She said that community economic development programs were very valuable to public housing residents. Ms. Shirer stated that Rural Opportunities Corporation workshops had provided her with a lot of self-confidence to start up her own business. She requested that the Council consider providing additional community and economic development programs to public housing residents, especially in creating a small business incubator project.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO REFER COMMENTS TO THE MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 4 Parking Adjustments DOTA

Planning Coordinator Jennie Bob Culpepper presented an overview of the proposed amendment. She noted that adoption of Ordinance A was the Manager's preliminary recommendation.

Marcella Groon, representing the Planning Board, said that the Board had voted to recommend the proposed adjustments to parking requirements. She noted that the dissenting voters had expressed concern about proposed percentage limitations and the proposed delegation of sole decision-making authority to the Manager.

Mike Hoffer said a relatively minor change was being proposed. Mr. Hoffer expressed his support for the adoption of Ordinance B. He stated that current Town Development Ordinance requirements would necessitate the provision of forty-eight parking spaces, far exceeding actual needs. Mr. Hoffer said the requirement would necessitate the construction or leasing of additional parking spaces. Stating that Ordinance B had the widespread support of small businesses and others, Mr. Hoffer requested adoption of Ordinance B.

Chapel Hill-Carrboro Chamber of Commerce President Joel Harper congratulated Ms. Booth-Powell on her recent appointment to the Council. Mr. Harper said the proposed development ordinance text amendment was a win-win situation which would grant flexibility to small business owners. He noted that the Chamber of Commerce favored the adoption of Ordinance B.

Council Member Andresen requested additional information concerning the proposed twenty percent limitation. Mr. Horton stated that current regulations were fairly reasonable. He added that the proposed percentage limitation was flexible. Council Member Andresen inquired about the reason for establishing a percentage limitation. Mr. Horton said providing no percentage limits at all would create the possibility of some very bad judgements. He stated that the establishment of limitations would make future problem resolution much easier. Council Member Andresen inquired about the Council's review authority in the event that changes in business ownership necessitated changes in parking requirements. Town Attorney Ralph Karpinos noted that the Development Ordinance outlined parking grouping requirements for different types of businesses.

Council Member Capowski inquired why it was not possible for Mr. Hoffer to request a reduction in parking requirements before the Town's Board of Adjustment. Ms. Culpepper stated that the Board of Adjustment did not have authority to consider variances of this type. Council Member Capowski asked whether Council action would be needed to change this situation. Ms. Culpepper said this was correct. Council Member Capowski inquired what would happen to parking requirements if a business were sold. Ms. Culpepper said if the use was in the same group, the Manager could issue a zoning compliance permit. She noted that proposals for more intensive uses required review by the Planning Board.

Council Member Capowski inquired about the advantages and disadvantages of the two ordinance proposals. Mr. Horton stated that the provision of parking represented a significant requirement. He added that the opportunity for consideration by the Planning Board offered an opportunity for public comment. Council Member Brown inquired how a twenty or thirty percent limitation would affect Mr. Hoffer's situation. Mr. Horton said a twenty percent reduction limit would not completely resolve Mr. Hoffer's problem. Council Member Rimer said he thought it was particularly appropriate for the Planning Board to review parking requirements for larger projects. Council Member Rimer requested that the Manager provide additional information on why a thirty percent limitation was advisable. Mr. Horton said he would not object to a thirty percent limitation.

Council Member Werner said there appeared to be greater limitations on the Council's options relative to parking requirements for smaller projects. He inquired whether individuals could petition the Council requesting reductions in the number of parking spaces required. Mr. Karpinos said persons wishing to reduce parking requirements could apply for a special use permit. Council Member Werner said this seemed to be a complicated process to receive such a reduction. Council Member Werner said he was not comfortable delegating the entire responsibility to the staff. Council Member Werner added that he could support a percent limitation larger than thirty percent. Council Member Brown said a limitation was possible. Mr. Horton said the establishment of a percentage limitation was fully within the Council's discretion. Mayor Broun said exceptions in parking requirements made sense if they were legally justifiable.

Mr. Karpinos said the ordinance outlined factors to be considered in determining parking requirements. He stated that the Council would be well-advised to develop additional standards. Mr. Karpinos said the staff could work on this element. Council Member Andresen said a fifty percent limitation seemed to be a little high.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO REFER COMMENTS TO THE MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Mayor Broun noted that the original agenda for the November 19th Assembly of Governments had included a discussion of the Horace Williams Airport property. He added that Chancellor Hardin would be unable to attend the meeting. Mayor Broun said a discussion of the process for handling solid waste matters had been proposed as a substitute item. Council Member Andresen said she did not think the meeting would be very productive unless the matter of discussing a process for setting future AOG meeting topics was included on the agenda. Council Member Werner expressed concern that the scope of solid waste issues to be discussed might be too complicated to address adequately at one meeting. He suggested that the OWASA-related items be scheduled first on the agenda, followed by a brief discussion on solid waste process matters. Council Member Rimer said he concurred with Council Member Andresen's suggestion that OWASA matters be discussed followed by a discussion of how future Assembly of Government meeting agendas would be set.

Council Member Capowski suggested that well-disciplined agenda packets would be helpful for future Assembly of Government meetings. Council Member Herzenberg inquired whether Town of Hillsborough officials would participate in the meeting. Mayor Broun said yes. Council Member Capowski suggested that the Town take the lead in developing an agenda with a disciplined packet for future AOG meetings. Mayor Broun noted that he had suggested possibly postponing the meeting. He stated that the Council wished to have OWASA matters discussed first followed by a discussion of a process for solid waste matters and future AOG meetings. Council Member Brown suggested that the purpose of the Assembly of Governments needed to be discussed and redefined.

The meeting concluded at 10:37 p.m.