MINUTES OF PUBLIC HEARINGS HELD BY THE MAYOR AND COUNCIL OF THE

TOWN OF CHAPEL HILL, MONDAY, MAY 17, 1993 AT 7:30 P.M.

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

Mayor Broun noted that the rose garden at the Community Center was in full bloom and was very attractive. He encouraged interested persons to visit the gardens.

Fire Chief Dan Jones presented an update on the status of smoldering coal at the University's boiler plant facility. He indicated that heat build-up had occurred in one of the four hoppers at the facility. Chief Jones reported that the Fire Department had assisted in cooling coal at the facility. He noted that the coal silo would be emptied as soon as possible, with carbon dioxide used to replace the oxygen.

Council Member Werner inquired about monitoring procedures at the plant. Chief Jones said temperatures in the silos were continuously monitored. Council Member Andresen inquired whether the silos were used only for coal storage. Chief Jones said this was correct. Council Member Andresen inquired how the coal was removed. Chief Jones said the coal was shaken onto belts in a manner similar to a large funnel. Council Member Andresen noted that some of the plant's neighbors were concerned about burning odors. Chief Jones said there was a smell of burning coal in the area. Council Member Capowski asked whether there had been similar incidents in the last twelve years. Chief Jones said there had been no incidents of this magnitude. Council Member Brown said she wondered whether anyone was monitoring the situation for possible health effects. Chief Jones said steps were being taken to assure that there was adequate air flow in the silos for ventilation purposes. Council Member Powell asked whether it was correct that it was not possible to predict "hot spots" in advance. Chief Jones said temperatures in the silos were continuously monitored to minimize heat build-up and related problems.

Pierre Morell said although the Power Plant Neighbors relationship with University administrators was much better, there were still a variety of concerns about the facility. He expressed concern that the University had willfully disregarded the needs of the Town and its residents in designing the boiler plant. Mr. Morell said the University owed relief to area residents. He added that a natural gas facility would have been reasonably cost-efficient. Mr. Morell noted that two-thirds of the plant's building cost was related to coal handling facilities. He expressed concern that area residents had been misled and manipulated by University officials.

Wes Lawton, a neighbor of the University's boiler plant facility, expressed concern about the almost constant grinding and bumping and noise of the coal conveyor system at the boiler plant. He also said that an acrid stench of sulfur release permeated area homes and the clothes of residents. Mr. Lawton suggested that the plant use natural gas rather than coal to eliminate danger and filth. He respectfully requested that the Council assist in discontinuing the use of coal at the facility.

Council Member Werner asked whether enclosing the ash silo was part of the projects' special use permit. Mr. Horton said yes. Council Member Werner inquired about the deadline for installing the enclosure. Mr. Horton said approximately one year. Council Member Andresen inquired about the University's intent. Mr. Horton said the University was seeking proposals from designers for the enclosure. Council Member Werner inquired what governed the project until the deadline. Mr. Horton said as long as reasonable progress was made, the Town had no police power to handle the matter. Town Attorney Karpinos noted that conditions of approval would need to be evaluated when the deadline passed. He said action could be taken if a public nuisance existed. Council Member Werner inquired about the nature of a public nuisance. Mr. Karpinos said the nuisance would need to be broad-based, affecting a lot of people detrimentally. Council Member Werner inquired about options in the event that the silo was not enclosed within a year. Mr. Karpinos said staff would evaluate options and report to the Council. Council Member Andresen inquired about the special use permit's expiration date. Mr. Horton said he believed it was July, 1994.

Council Member Andresen said the Council could possibly consider asking the University to consider an alternative fuel arrangement at the facility. She also noted that the building project was the most expensive one in North Carolina. Council Member Brown noted that the question of alternate fuel sources had been discussed at meetings of the Consultation and Coordination Committee (CCC). Council Member Werner said the University had consistently expressed its concern about the unavailability of a guaranteed continual supply of natural gas. Council Member Capowski asked whether the Town could require the use of gas instead of coal. Mr. Karpinos said the Town could request, but not require, the change in fuel source. Mayor Broun suggested that the staff provide a follow-up report at the next Council meeting. Mr. Horton said staff could do so. Council Member Werner suggested that staff request that University representatives attend the meeting. Mayor Broun said Council could possibly decide what action to take after hearing from University officials. Mr. Horton noted that the University had been very cooperative in addressing the situation.

Item 1 Watershed Development Ordinance Text Amendment

Planning Director Roger Waldon presented an overview of the proposed amendment. He said the overall goal of the proposed amendment was to protect drinking water supplies. Mr. Waldon briefly reviewed proposed density and impervious coverage standards. He noted that the Stormwater Management Committee would be asked to review the proposed text amendments. Noting that a preliminary draft ordinance had been drafted, Mr. Waldon said referral of the proposal to staff and the Stormwater Management Committee was recommended.

Margaret Holton, representing the League of Women Voters, said she was concerned about the overall protection of Jordan Lake as the area's possible future drinking water supply. She said the Town needed to keep an eye on this area. Ms. Holton noted that the proposed State regulations were suggested minimums. She stated that the League of Women Voters recommended adoption of the regulations, except to redefine high density as 24% to 50% instead of 24% to 70%. Ms. Holton said this change would result in less maintenance responsibility for the Town. Council Member Werner inquired whether the League of Women Voters' recommendation was the same as the Triangle J recommendation, with the exception of a 50% high density maximum. Ms. Holton said this was correct, adding that the League was working for a consensus to get the best possible protection for drinking water.

Ed Harrison, a member of the Durham County Soil and Water Board, noted that OWASA rate-payers would be asked to begin paying for a Jordan Lake water intake this year. Mr. Harrison said he had great faith that the Town would adopt good watershed protection regulations. He showed charts comparing various proposed water quality protection standards. Mr. Harrison emphasized the need for careful master planning of development projects.

Council Member Werner said proposed state water protection regulations reflected a political compromise. He emphasized the importance of coordinating decision-making in concert with the Southern Village development proposal. Council Member Werner also noted the possible impact of proposed watershed regulations on future building construction at the University. He suggested that University officials be present at the June 21st hearing on the regulations. Council Member Werner said he favored using the Triangle J proposal, rather than proposed State regulations, as a starting point for drafting of Town watershed protection standards.

He added that the Stormwater Management Committee would review the proposed standards.

Council Member Andresen said she was very interested in the regulation's ramifications on planning with the University. She said it would be hypocritical for the Town to adopt absolute minimum regulations given the Town's commitment to protecting water in the Cane Creek area. Council Member Andresen inquired whether Chatham County officials had been notified of the Town's proposed watershed regulations. Mr. Horton said he did not believe such notification had occurred, although this could be handled.

Council Member Andresen asked whether minimum stream buffers in the Resource Conservation District were more restrictive than State standards. Mr. Horton said he believed this was the case. He added that buffer widths varied based on slope analysis. Council Member Andresen asked who determined best management practices for the University. Mr. Waldon said he did not know.

Council Member Andresen said she wondered whether Orange County would take on the responsibility for managing package treatment plants and monitoring impervious surface coverages through its zoning powers. Mr. Waldon said one of the Town's main concerns was on-going enforcement of impervious surface limits. Council Member Andresen asked whether the Environmental Management Commission was going to enforce watershed regulations on the University campus. Mr. Waldon said there were many questions about enforcement of the proposed regulations.

Council Member Capowski inquired how much additional staff time would be spent on reviewing watershed protection regulations. Mr. Waldon said some extra review time would be needed. He noted that additional public works and maintenance staff time would also be necessary. Council Member Capowski asked whether the proposed regulation was an unfunded state mandate. Mr. Horton said this was correct. He added that development applicants would have to pay more to project planners and designers for review of the proposed new requirements. Council Member Capowski asked whether septic systems were addressed in the regulations. Mr. Waldon said no.

Council Member Capowski inquired whether the proposed regulations only applied to new development. Mr. Waldon said the regulations applied to new development or substantial redevelopment projects.

Council Member Capowski inquired about the impact of individual development projects on the area's drinking water quality. Council Member Werner said it was difficult to perform analyses at this level of detail. Council Member Capowski inquired whether the proposed watershed regulations fit together well with the existing Development Ordinance. Mr. Waldon said the proposed regulations would be similar to an overlay zone. Mr. Horton said the proposed regulations were consistent with the Council's long-term efforts to protect water and the environment for Town residents and neighboring communities.

Council Member Brown said she supported adoption of regulations more stringent than the state's proposed guidelines. Council Member Brown said she also supported concern for protecting the water supply of other communities. She inquired who would be passing ordinances in the one-half mile critical area. Mr. Waldon said Chatham, Wake and Durham Counties would pass such regulations as would the City of Durham for portions of Jordan Lake. Council Member Brown asked whether proposed County ordinances had been drafted. Mr. Waldon said counties had until January, 1994 to put ordinances in place. He noted that the City of Durham's situation was made more complex by the number of different watersheds involved. Council Member Brown inquired whether there had been any discussion of attempting to increase water quality standards for Jordan Lake. Mr. Waldon said no.

Council Member Brown inquired how classification areas were established. Mr. Waldon said this was a complex matter. He said staff could provide a written response. Council Member Andresen said impervious area was a critical component in determining water quality. She added that there would likely be some increases in OWASA bills due to the need for additional equipment to meet higher drinking water quality standards.

Council Member Chilton inquired whether it was correct that the amendment would not apply to lots created before July 1, 1993. Mr. Waldon said this was correct for individual lots. Mr. Karpinos noted that this was consistent with state statutes. Council Member Chilton inquired whether the regulations applied to paving private basketball courts and other small-scale projects. Mr. Karpinos said it would be necessary to have additional specific to provide thorough answers to this type of question.

Planning Board Chairperson Bruce Guild said the board had reviewed the proposal at its May 4th meeting and had expressed interest in reviewing the proposal at a future meeting. He noted that the Board was especially concerned about the proposal to allow additional septic systems within Town limits. Mr. Guild said the Board would present a firmer recommendation at the Council's June public hearing. Mayor Broun expressed the Council's appreciation to Mr. Guild for his service on the Planning Board.

Ms. Holton provided a clarification of information pertaining to best management practices and high density options.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO RECESS THE HEARING TO JUNE 21ST AND REFER THE MATTER TO THE MANAGER AND STORMWATER MANAGEMENT COMMITTEE. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Item 2 Dobbins Hill Subdivision

Persons wishing to testify in the matter were sworn by the Town Clerk. Mr. Horton requested that materials pertaining to the item be entered into the record of the hearing. Mayor Broun concurred.

Planning Director Roger Waldon reviewed the site plan and the applicant's proposal. He said a total of fifty-units were proposed on seven acres, with access off Dobbins Road. Mr. Waldon said it appeared reasonable to request that the applicant reserve right-of-way for a possible future connection between Erwin and Sage Roads. Mayor Broun inquired whether it was correct that there was currently no access to the property. Mr. Waldon said there was no physical access at this point. Council Member Capowski inquired about proposed future accesses in the area. Mr. Waldon briefly reviewed proposed roadway connections.

Jack Smyre said the Dobbins Hill project would be developed by the Orange Community Housing Corporation in conjunction with Crosland Properties. He noted the importance of seed money and grants relative to the project's success. Mr. Smyre said special tax credit and financial arrangements to enhance the project's viability. He also stated that the units would be of similar or better quality than higher-priced units in the non-subsidized housing market place. Mr. Smyre thanked the staff for their expediency in handling the request. He said the proposed project could assist the Council in achieving its Comprehensive Plan goal of providing at least fifty units of affordable housing annually.

Council Member Andresen inquired about the proposed extent of site clearing. Mr. Smyre said although he did not know the specific percentage of clearing needed, efforts would be made to keep as many trees as possible on the site. Council Member Capowski inquired about the proposed total number of bedrooms. Mr. Smyre said there would a total of 140 bedrooms and 101 parking spaces. Council Member Capowski inquired whether this was an adequate number of spaces. Mr. Smyre said a minimum of 96 were required, plus an additional 5 spaces to meet Americans with Disability Act regulations. He noted that many Dobbins Hill residents would be single-parent families with one car each.

Council Member Brown inquired about estimated unit rental costs. Mr. Smyre said the estimated amount was two-thirds of area market rents, with a two bedroom unit renting for about $400 per month. Council Member Brown inquired whether the units would emphasize energy efficiency. Mr. Smyre said yes.

Planning Board Chairperson Bruce Guild said the Board had unanimously recommended approval of the request, following the applicant's assurance that adequate parking was being provided.

Mr. Guild added that the proposed project would be beneficial in meeting the Council's goals concerning affordable housing.

Peggy Redman said she had submitted a letter to the Council on May 13th outlining her concerns about traffic counts for the project.

Noting that her own home was about seventeen feet from the right-of-way of the Dobbins Hill access road, Ms. Redman requested that speed bumps be installed if the access road were located off Dobbins Drive. She also strongly requested that the Council explore the possibility of access to Dobbins Hill from Sage Road, rather than Dobbins Drive. Ms. Redman noted that the intersection of Dobbins Drive and Erwin Road was quite difficult to traverse.

She added that not having an access road from Dobbins Drive would save mature hardwood trees in the area. Council Member Powell inquired whether Ms. Redman was suggesting that access through Sage Road was a viable and preferable alternative. Ms. Redman said yes, adding that eventually connecting Sage and Erwin Roads would save a lot of time and trouble for all involved.

Ron Parks requested that the Council visit the site prior to its decision on access to Dobbins Hill. Mr. Parks said he believed that the majority of neighbors in the area would concur with Ms. Redman's concerns. He also stated that there were fewer traffic problems on Sage Road than Dobbins Drive.

Council Member Capowski inquired whether the Council would be leaving itself in an uncertain future position by only requiring the reservation, rather than dedication, of right-of-way. Mr. Waldon said this was one of the dilemmas of the application. He stated that staff was not asking that the applicant escrow funds for this purpose. Council Member Capowski inquired who might be responsible for future roadway funding. Mr. Horton said it was likely that the State or Town would handle this situation.

Council Member Andresen inquired about the long-term plan for improving the intersection of Dobbins Drive and Sage Road. Mr. Horton said staff was preparing an agenda item on this matter in conjunction with a report on all intersections along U.S. 15-501. He noted that the corridor study recommendations were quite preliminary. Council Member Andresen stated that preliminary drawings by the Department of Transportation appeared to indicate that numerous properties in the corridor would be impacted by proposed improvements. Mr. Horton said staff could review all proposals and provide additional information in the staff's follow-up report. Council Member Brown requested that staff provide follow up information on Ms. Redman's and Mr. Parks' concerns.

Council Member Werner asked whether the proposed twenty-six foot wide private drive was the same as a standard neighborhood street. Mr. Horton said this was correct in essence. Council Member Werner inquired whether it was worth considering narrowing the roadway. Mayor Broun inquired about the possible installation of speed bumps. Mr. Horton said the Town's interest was not as strong on private property. Council Member Capowski said the applicant's aerial photographs graphically depicted the amount of asphalt in the Estes Drive/Franklin Street/15-501 area and related stormwater management implications.

Mayor Broun inquired about the applicant's statement concerning proposed conditions of approval. Mr. Smyre said the applicant accepted the proposed conditions in Resolution A.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO RECESS THE HEARING TO MAY 24TH AND REFER THE MATTER TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Item 3 Greenfields Special Use Permit Modification

Noting that his firm had been involved with the application, Mayor Broun requested excusal from the item. He turned the meeting over to Mayor pro tem Werner. Parties wishing to testify in the matter were sworn by the Town Clerk. Mr. Horton requested that materials pertaining to the application be entered into the record of the hearing. Mayor pro tem Werner concurred.

Mr. Waldon reviewed the proposal noting that the original special use permit had been approved in 1984. Mr. Waldon showed a map of the site, noting that improvements to Sage Road and the extension of Weaver Dairy Road were anticipated in the future. He briefly reviewed site conditions, including the status of landscaping and buffering. Mr. Waldon said staff's preliminary recommendation was approval of the request for the special use permit modification.

Council Member Capowski inquired about the current zoning of the tracts. Mr. Waldon said the parcels were zoned R-2 and R-4.

Council Member Andresen inquired about stipulations pertaining to open space and recreation. Mr. Waldon said staff could provide information in its follow-up report.

Jeff Johnson, representing Summey Building Systems, said his client was trying to disencumber thirty acres from an existing special use permit. He stated that the property could not be sold with current special use permit. Mr. Johnson said the Greenfields development met the Town's current minimum standards for minimum land area, livability and parking. He added that it would be impractical and difficult to meet other requirements concerning landscaping and buffering.

Planning Board Member Bruce Guild reviewed the Planning Board's recommendation. Council Member Capowski inquired whether the Board had discussed recreational needs. Mr. Guild said yes. Mr. Johnson said the property met the Town's current minimum recreational standards. Mr. Horton said staff could check on this matter. He added that the staff's preliminary recommendation was approval of the request for a special use permit modification.

Norman Acker, a representative of the Chapel Hill Bible Church, said he favored the proposal. Mr. Acker noted that his church had recently purchased land on Sage Road from Eastowne Associates. He stated that the Chapel Hill Bible Church anticipated constructing a church in the area in the near future. Mr. Acker said seven acres of the property would be sold or transferred to Eastowne Associates once the church was built on the other five acres of the site.

Council Member Chilton inquired about the Planning Board's basis for concern about the July, 1984 planting and landscaping plan.

Mr. Waldon said the Board was concerned that there were a number of conditions of approval which could not be met under current guidelines. Mr. Guild said the concerns were of a generic, rather than specific, nature. Council Member Chilton expressed concern that it might take a significant amount of money to determine whether planting requirements were being met. Mr. Johnson said landscaping on the site might exceed Town requirements. He suggested that the current owners of Walden at Greenfields were best situated to respond to landscaping concerns and requirements.

Mayor pro tem Werner requested the applicant's statement concerning proposed conditions of approval. Mr. Johnson said all conditions in Resolution A, excepting landscaping, were acceptable.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG TO RECESS THE HEARING TO JUNE 14TH AND REFER COMMENTS TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Item 4 North Street Subdivision Modification

Parties wishing to testify in the matter were sworn by the Town Clerk. Lucy Carol Davis, requested that the subdivision's sidewalks be constructed of concrete, rather than brick. She noted that the Historic District Commission supported her request.

Planning Board Member Bruce Guild said the Board had reviewed the request and found it to be reasonable. Mr. Horton said his preliminary recommendation was approval of the request.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO RECESS THE HEARING TO JUNE 14TH AND REFER COMMENTS TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Item 5 Comprehensive Housing Grant

Mr. Horton said the program provided a predictable funding source for making necessary improvements in the Town's public housing communities.

Housing Director Tina Vaughn said the purpose of this evening's hearing was to seek comments from citizens on the expenditure of funds for public housing programs. She noted that a preliminary five-year physical needs assessment had been developed based on a survey of residents. Ms. Vaughn said necessary improvements over the five-year period totalled approximately $2.9 million compared to anticipated available funds totalling $1.815 million. She briefly reviewed proposed uses for 1993-94 Comprehensive Housing Grant funds.

Council Member Andresen requested details concerning the lead-based paint initiative. Ms. Vaughn said all of the apartments in question were constructed prior to 1968 and that abatement of lead-based paint was necessary as soon as possible. Noting the possible dangers of lead-based paint, Council Member Andresen inquired how the paint would be removed. Ms. Vaughn said due care would be exercised to remove the paint, seal wooden sills and repaint the areas. Council Member Andresen inquired whether Town workers would be used for removal of the paint. Ms. Vaughn said contract workers would be used since Town staff did not have specific expertise in lead-based paint abatement.

Mayor Broun inquired about the proposed resident's initiatives program. Ms. Vaughn said these were activities to promote the economic independence of public housing residents. She stated that some residents had expressed interest in entering into agreements for cleaning and grounds maintenance of public housing communities.

Council Member Werner requested additional information on estimated program costs. Ms. Vaughn said estimated costs would total about $200,000 over a five-year period for the purchase of supplies and equipment.

Council Member Werner inquired about the proposed number of handicapped-accessible public housing units. Ms. Vaughn said five percent, or 17 of the 312 total units needed to be handicapped-accessible. Ms. Vaughn said the major cost was the need for installation of new cabinetry.

Council Member Powell inquired about the need for new exterior doors in the Craig-Gomains community. Ms. Vaughn noted that this program was fifth on the overall proposed priority listing. Council Member Powell asked whether the units had glass doors. Ms. Vaughn said units now had glass doors.

Noting that the estimated cost for improvements in the Ridgefield community was about $20,000 per unit, Council Member Capowski asked whether these units had deteriorated more than those in other communities. Ms. Vaughn said Ridgefield was a larger community with larger families and older buildings than many other communities. She said there had been a lack of funding for these improvements in prior years. Mr. Horton said staff had put together an overall rehabilitation plan at the Council's direction.

Charlene Riggsbee requested that funding be provided for playground and play area improvements.

Joanne Shirer, South Estes Drive Neighborhood Liaison and Vice-Chair of the Residents' Council, requested that an emphasis be placed on interior apartment improvements. She also noted that the South Estes Drive neighborhood was located in the flood zone. Ms. Shirer suggested that funds might be used to clean out creeks in the area. She also suggested that a sign identifying the South Estes Drive neighborhood might be installed at the corner of U.S. 15-501 and Estes Drive. Ms. Shirer expressed her support for hiring public housing residents to assist with the maintenance of units and grounds.

Marla Daniels, a resident of the South Estes Drive neighborhood, expressed her concurrence with proposed improvements. She expressed support for upgrading electrical systems in individual apartments. Ms. Daniels also expressed her concern about flooding in the South Estes Drive neighborhood.

Council Member Brown inquired whether flooding occurred in parking lots or apartments. Ms. Vaughn said parking lots had been very prone to flooding. She stated that no flooding had occurred in apartments.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO REFER COMMENTS TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

The hearings concluded at 10:29 p.m.

MEMORANDUM

TO: Mayor and Council

FROM: W. Calvin Horton, Town Manager

SUBJECT: Draft Minutes of May 18, 1993

DATE: May 28, 1993

Attached are draft minutes of the Council's May 18th public hearing. Please forward any suggested revisions to Peter Richardson by 3:00 p.m. on Friday, June 4th.