MINUTES OF A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA, MONDAY, MARCH 28, 1994 AT 7:30 P.M.

 

Mayor Broun called the meeting to order.  Council Members in attendance were Joyce Brown, Joe Capowski, Mark Chilton, Pat Evans, Lee Pavão, Barbara Powell, Jim Protzman and Rosemary Waldorf.  Also in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Planning Director Roger Waldon, Housing Director Tina Vaughn, Engineering Director George Small, Parks and Recreation Director Mike Loveman, Public Works Director Bruce Heflin and Town Attorney Ralph Karpinos.

 

                       Item 3  Petitions

 

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO REFER A PETITION FROM MRS. LAWSON P. WYNNE CONCERNING THE ESTABLISHMENT OF A VETERAN'S CEMETERY IN THE TOWN.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Noting his concern about the future uses of the Horace Williams property, Morris Schaeffer requested deferral of the proposed public forum on this matter.  Mr. Schaeffer stated that there had not been sufficient time for citizens to adequately consider the proposal.

 

Pauline Grimson, representing the Westside Neighborhood Association, said she and her neighbors were pleased with the helpful attitude of staff to date in addressing the neighborhood's sidewalk and lighting concerns.

 

Council Member Chilton stated that several representatives of Citizens for Sewers wished to address the Council on agenda item number ten.  Noting that there was an OWASA meeting this evening, Council Member Chilton requested that the agenda item be delayed until later in the agenda, if necessary, to permit the citizens to address the Council.

 

Council Member Brown requested that the staff prepare a report to the Council addressing a recent letter to the editor concerning alleged inequitable treatment of female basketball teams.

 

Noting that the Rocky Hill/High School agenda item might occupy a large portion of the evening's agenda, Council Member Capowski suggested that the Council consider deferring non-obligatory matters to a later meeting.  Mayor Broun suggested that the Council attempt to be as efficient as possible in its use of time.

 

Mayor Broun requested that the staff prepare a report on the possibility of adding on-street parking on West Franklin Street in front of parking lot number five, directly opposite from the University Square Shopping Center.

 

Town Attorney Karpinos requested that agenda item fourteen, the request for Executive Session, be modified to include discussion of litigation and personnel matters.

 

 

 

 

 


                Item 4  Boards and Commissions

 

Mr. Horton said staff was trying to encourage as much attention as possible to various board and commission vacancies.  He said interested parties were welcome to direct inquiries to the Clerk's Office.

 

COUNCIL MEMBER PROTZMAN MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO NOMINATE ALL APPLICANTS FOR APPOINTMENT CONSIDERATION TO THE BOARD OF ADJUSTMENT.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 0.1, MAKING APPOINTMENTS TO VARIOUS COMMITTEES OF THE VIOLENT CRIME AND DRUG ABUSE PROGRAM.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION APPOINTING CHAIRS AND MEMBERS OF THE 1993-94 COMMITTEES OF THE VIOLENT CRIME AND DRUG ABUSE PROGRAM

(94-3-28/R-0.1)

 

WHEREAS, the Council of the Town of Chapel Hill wishes to express its appreciation to the many residents who worked during the past year on the Violent Crime and Drug Abuse Program; and

 

WHEREAS, the Council understands that most of those people will continue to work and many others have joined them,

 

BE IT HEREBY RESOLVED by the Council of the Town of Chapel Hill that the following person is appointed to serve as chair of the following committee:

 

Erin Shubert                               Criminal Justice

 

BE IT FURTHER RESOLVED, that the Council of the Town of Chapel Hill appoints the following people to the following committees:

 

              UNC/COMMUNITY COOPERATION COMMITTEE

 

Beth Furr                                  Fred Schroeder

 

Jackie Gist                                Sue Gray

 

Dixie Spiegel

 

                     NEWS MEDIA COMMITTEE

 

Yi-Hsin Chang                              Sabrina Smith

 

Ted Vaden

 

This the 28th day of March, 1994.

 

 

 

Item 5  Rocky Hill Master Plan Abandonment/New High School SUP

 

Persons wishing to testify in the matter were sworn.  Mr. Horton requested that additional materials be entered into the record of the hearing.  Mayor Broun concurred with the request.

 

Planning Director Roger Waldon said staff recommended adoption of Resolutions A (abandoning the Rocky Hill master plan), B (approving the New High School Special Use Permit) and E.  Mr. Waldon briefly reviewed key issues surrounding the proposal.  He noted that staff was ready to respond to questions by the Council.

 

Neil Pedersen, Superintendent of Chapel Hill-Carrboro Schools, said Town and Department of Transportation staff had supported the location of the proposed high school relative to safety design matters.  Mr. Pedersen said the sight distance to the east of the proposed main entrance was about 550 feet, almost 200 feet more than required in a 35 MPH speed limit zone.  He also stated that proposed parking was adequate rather than excessive.  Mr. Pedersen noted that the Town's Development Ordinance required the provision of 250 parking spaces while 302 spaces were proposed.  He also said there had been successful discussions with residents of Chandler's Green subdivision relative to the provision of a pedestrian entrance to the school site.  Mr. Pedersen said the school district was agreeable to the proposed conditions of approval outlined in Resolution B.

 

Transportation Board Chairperson Richard Franck said the Board had

recommended disapproval of the request on the basis of access and transportation management plan concerns at its February 1st meeting.  Mr. Franck added that the Board had reviewed a revised transportation management plan at its March 15th and again recommended disapproval of the special use permit request.  He noted that the Board felt that a proposed $40 annual student parking fee did not reflect the true cost of parking or serve as a sufficient incentive to educate students about the use of alternative transit.

 

Mr. Franck stated that the school district had indicated its willingness to give up overflow parking spaces at Cedar Falls Park, with the exception of special events.  He said the school's proposed transportation management plan undermined mass transportation alternatives.  Mr. Franck concluded his remarks by noting that three years ago the Council had charged the Transportation Board with making a report on reducing the use of single-occupant vehicles.  He said that two recent development proposals, the Home Health Agency and Southern Village had offered good alternative transportation plans.

 

Allen Spalt, a Carrboro resident and member of the Chapel Hill-Carrboro Schools long-range facilities committee, said the need for a new high school was well-documented.  He stated that when his son graduated from Chapel Hill High School in 1993, there were 390 students in his class.  Mr. Spalt said this contrasted with about 600 students in his daughter's 1997 senior class.  He urged the Council not to shortchange safety or environmental concerns in considering the proposed high school's special use permit.

 

Madeline Mitchell, a Town resident, said she had had at least one child in Chapel Hill High School for the past nine years.  Ms. Mitchell said she was concerned that the Transportation Board had voted against proposal.  Ms. Mitchell also said she was troubled by the proposal to reduce the number of parking spaces at the school.  Ms. Mitchell stated that as a parent and volunteer, she was frustrated by the lack of parking spaces at Chapel Hill High School for parents and other visitors to the campus.  Ms. Mitchell stated that approximately 1150 juniors and seniors at the proposed high school would have to fend for approximately 300 parking spaces under the current parking proposal.  Noting the current overcrowding at Chapel Hill High School, Ms. Mitchell urged the  Council to approve the special use permit, even on a contingency basis.

 

Scott Radway expressed concern that there had been no discussion of whether or not the best site for a high school had been selected.  He said the Council would be well-served to evaluate this matter.  Mr. Radway also inquired what would happen to the remainder of frontage on the former Rocky Hill master plan site.  Stating that if the Rocky Hill master plan were abandoned all roadway improvements might not be completed, Mr. Radway suggested that the Council consider not abandoning the Rocky Hill master plan.  He also suggested that the developers of Rocky Hill be required to make roadway improvements to Weaver Dairy Road.

 

Bruce Sampsell, representing Chesley Homeowners Association, said his neighbors were not at peace with plans for the proposed new high school.  Mr. Sampsell especially expressed concern that the Chesley neighborhood's recommendation concerning siting of the school entrance was ignored in the staff's recommendation memorandum to the Council.  He also stated that Hakan-Corley had presented an unbalanced analysis of traffic, parking and safety-related matters.  Mr. Sampsell also expressed concern that pedestrian safety issues had been virtually ignored in the project proposal.

 

Jane Williams said the staff's memorandum did not adequately address a number of  concerns including pedestrian safety.  Ms. Williams stated that student's lives were unnecessarily being placed at risk.  Ms. Williams suggested that a crosswalk to the high school be signalized.  She urged the Council to adopt the Planning Board's recommendation, Resolution C, providing safe access for pedestrians and vehicles.

 

 

Mark Williams said he had addressed the Council at their February 22nd hearing, expressing concern about the apparently superficial treatment of vehicle and pedestrian safety matters relative to the high school proposal.  Mr. Williams stated that there appeared to be no substantive changes in the applicant's proposal from that suggested at the earlier hearing.  He said it was desirable to have a bus-only entrance on to Sunrise Road.  In urging the Council to adopt the Planning Board recommendation, Resolution C, Mr. Williams  said this offered the safest and most reasonable alternatives in conditions of approval.

 

Bob Reda, Co-President of the Chandler's Green Homeowners Association, said his organization concurred with the Manager's recommendation with the exception of an entrance on Sunrise Road.  Mr. Reda also requested that the Council approve Resolution E in its entirety, as an instrumental means for the School Board to work with the community.  Mr. Reda noted that the Chandler's Green Homeowners Association was amenable to permitting emergency access to the school grounds through their neighborhood.

 

Everette Meserve, a resident of Sweeten Creek Road in Chandler's Green, noted that his daughter currently was an eighth grade student in Chapel Hill-Carrboro Schools.  He urged the Council to think about "the customer", students at the proposed high school, in their decision-making process.  Mr. Meserve inquired whether the proposed two entrances were being suggested for the convenience of the students or bus drivers.  Mr. Meserve said he would rather see funds expended on improving the quality of education rather than constructing additional entrances to the proposed high school.

 

Ralph Abrahams, Co-President of the Chandler's Green Homeowners Association, expressed concern that the corner of Sunrise Road and Weaver Dairy Road would experience a traffic service level of "F" if automobile access were provided onto Sunrise Road from the proposed high school site.  He urged the Council not to anticipate the need for expansion until the initial part of the project was completed.  Mr. Abrahams also said he and his neighbors supported the objective of reducing traffic through neighborhoods.  Mr. Abrahams said he supported the School Board's proposal to locate the school's bus entrance across from Cedar Falls Park as a means of protecting the integrity of area neighborhoods.

 

David Lacy, representing the Carol Woods retirement community, said he concurred with Mr. Abraham's comments, especially about the proposed addition of an entrance onto Sunrise Road in the first phase of the project.

 

Council Member Pavão said he had read through the applicant's and staff's materials several times and felt the reports were superficial.  Council Member Pavão said he found it troubling that none of the approximately fifteen questions raised at the February 22nd had been addressed seriously in the applicant' s follow-up report.  He requested that the applicant review the questions for a more in-depth review, including the possible relocation of the Cedar Falls Park entrance.  Noting that other possible school sites in the southern part of the Town had not been adequately explored, Council Member Pavão said he could not recommend approval of the special use permit this evening until he heard from his Council colleagues.

 

Mayor Broun said the possibility of moving the Cedar Falls Park entrance was not necessarily tied to the special use permit.  He stated that the Town could possibly handle this matter separately from the requested permit.  Council Member Pavão said placing the school's main entrance across from the park entrance could possibly avoid future safety problems.  Mayor Broun suggested possibly moving the school entrance a little to the west, not necessarily within the context of the special use permit for the school.  Council Member Pavão said his primary concern was that this option had not been examined.

 

Noting that Council Member Pavão's suggestion about the possible entrance relocation was an interesting one, Council Member Waldorf inquired about the staff's and applicant's comments on the proposal.  Mr. Horton said he though it was possible to relocate the park entrance in spite of drainage problems which would need to be resolved.   He added that the proposed park entrance relocation site would be near the rear yards of some homes in the Chesley neighborhood.  Mr. Horton said he believed that the applicant would be able to move the park's entrance somewhat to the north.  Mr. Redfoot, the applicant's representative, said this was correct. Council Member Pavão said it might have been in the public's best interest to have explored this possibility at an earlier point.

 

Council Member Waldorf inquired whether there was any standard for minimum distances between traffic signals.  George Alexiou, the applicant's traffic engineer, said since there were no national standards, they varied from state to state.  He added that traffic signals had a desirable separation of 900 feet.  Mr. Alexiou also said the North Carolina Department of Transportation had carefully examined the site and determined that the proposed signal locations were safe.

 

Council Member Capowski thanked the proposed high school's neighbors for their positive outlooks.  Noting the importance of safety, Council Member Capowski inquired which entrance configuration was most safety.  Mr. Alexiou said the configuration proposed in the Manager's recommendation was the safest one since it involved the least roadway curvature in terms of sight distance.

Council Member Capowski said he was disappointed in the applicant's alternative site analyses since it appeared that all buildings and ball fields were in the same locations as originally proposed.  Mr. Redfoot said the proposed building and playing field locations had been determined and balanced after months of meetings with Town staff, the school board and area residents.  He stated that the ball fields adjacent to the Chandler's Green subdivision offered the most sensitive relationship between neighbors on Sweeten Creek Road and the proposed high school site.

 

Council Member Brown said the proposed site of the main entrance was considerably to the east of where she had been initially led to believe that the entrance would be located.  Council Member Brown also expressed concern that the proposed entrance was much closer to a curve than she had anticipated.  Noting that speeds in the area tended to be excessive, she inquired whether Department of Transportation standards were measured at the posted speed limit or some other level.  Mr. Lacy said the Department of Transportation had worked from the proposed site plan using the posting speed limit and actual observed speeds for making sight distance calculations.  He said all sight distances were satisfied between 45 and 55 miles per hour.

 

Council Member Powell asked whether there was any actual Department of Transportation standard requiring that traffic signals be sited at least 900 feet apart.  Mr. Lacy stated that outside of downtown areas, traffic signals were spaced considerably further apart.  He added that traffic flows were greatly improved by less intersection conflicts.  Mr. Lacy said although it was conceivable, the Department of Transportation might be reluctant to approve signalized intersections less than 900 feet apart.

 

Mayor Broun said he thought the Council had received a good analysis from the applicant and their professional planner and architects.  Mayor Broun also said he was comfortable that the staff had carefully examined the overall proposal and safety-related concerns.  Mayor Broun stated that he agreed with Council Member Pavão's suggestion of possibly moving the Cedar Falls Park entrance in the future.

 

Noting that the same site plan as originally outlined at the February 22nd was still being proposed, Council Member Pavão suggested that the Council consider spending some more time on this matter.

 

Council Member Evans emphasized the importance of making the site as safe as possible for pedestrians and bicyclists to the school.  She inquired whether the applicant was willing to equally split the cost of a temporary or permanent asphalt sidewalk with the Town, connecting the Countryside neighborhood to existing sidewalk in the area.

 

Council Member Protzman said residents of Chandler's Green subdivision had made a number of concessions.  He stated that Sunrise Drive was not intended to handle school buses.  Council Member Protzman also said there were not sufficient plans for sidewalks and bicycles.  He suggested moving the bus entrance so it would not interfere with traffic at the intersection of Weaver Dairy Road and Sunrise Drive.  Council Member Protzman said if this necessitated moving the entrance to Cedar Falls Park, he hoped the school board would pay to relocate the entrance.

 

Council Member Powell said she was very concerned that there had not been enough attention paid to safety matters in the applicant's proposal.  Council Member Powell requested a clarification of the Planning Board's position on the proposed location of the bus entrance to the school.  Mr. Waldon briefly reviewed the Board's recommendation.  Noting the times that school buses would enter and leave the site would be busy ones, Council Member Powell said she did not see the roadway and turning situation as a safe one.  Mr. Waldon stated that bus turning movements would be helped by a traffic signal approximately 550 feet away.  Council Member Powell inquired about the likelihood of a traffic light being in place when the school opened.  Mr. Horton said Town staff could work with the area's Department of Transportation member on special matters of this type.  Mr. Horton also stated that he hoped the Mayor and Council would direct staff to work with the school system to have a traffic signal installed in the future.

 

Noting the importance of a good transportation management plan, Council Member Brown requested an assurance that not every junior and senior at the school requesting a parking permit would receive one.  Mr. Pedersen stated that since only 250 parking spaces would be available for a total of 500 juniors and seniors at the proposed high school, not all students would be able to obtain parking permits.  He added that preference would be given to students who needed to drive to school and seniors.  Council Member Brown inquired about other actions which could be taken to assure a closed lunchtime campus at the proposed school.  Mr. Pedersen said School Board President Ken Touw believed this should be a site-based decision.  He added that the School Board would very likely have a strong sentiment for a closed lunchtime campus.

 

Council Member Brown inquired about the staff's response to Warren Faircloth's concerns about dams and ponds on the school site.  Mr. Waldon said staff had requested that the applicant respond to these concerns.  Mike Hammersley said he and John Hawley of the State's Division of Environmental Management had met at the site to address Mr. Faircloth's concerns.  Noting that Mr. Faircloth would not be responsible for monitoring the site, Mr. Hammersley stated that Mr. Faircloth had endorsed the applicant's proposed handling of dam and ponding safety issues on the site.  Council Member Brown noted that Mr. Faircloth had also expressed concern about erosion control and drainage.  Mr. Hammersley said the applicant had prepared an erosion control plan to address these types of concerns.

 

 

 

Council Member Capowski stated that the proposed entrance onto Sunrise Road was really another entrance onto Weaver Dairy Road via another left turn.

 

Responding to Council Member Evans earlier inquiry about the provision of an asphalt sidewalk, Mr. Touw said the School District was willing to pay one-half the cost of approximately 1,000 feet of asphalt sidewalk relative to the high school proposal.

 

Council Member Chilton said he wanted to see the applicant provide more specifics about the high school's proposed transportation plan.  He stated that the proposed annual parking permit fee of $40 was less than one-ninth of the commercial rate for parking.  Council Member Chilton said this would contribute to traffic problems at the site.  Noting that the median age of Orange County residents was 24.9 years, Council Member Chilton stated that the leading cause of death for persons 16 to 25 years of age was motor vehicle accidents.  Council Member Chilton said he was far from

convinced that the applicant's proposal was adequately safe from a traffic standpoint.

 

Council Member Capowski stated that the applicant's topographical maps indicated that a football field was proposed on top of a hill, with 75 foot tall lighting towers.  Noting the lights possible impact on surrounding neighborhoods, Council Member Capowski inquired about the possibility of shielding the lights and having lower light towers.  Mr. Redfoot said 75 feet was the minimum height to provide adequate lighting of the football field.  He added that there was no way to shroud the lighting fixtures.  Mr. Redfoot accepted the proposed conditions of approval outlined in Resolution 1b.

 

COUNCIL MEMBER PROTZMAN MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO CLOSE THE PUBLIC HEARING.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER WALDORF, TO ADOPT RESOLUTION 1B, WITH THE ADDITION OF A STIPULATION THAT THE APPLICANT PROVIDE AN ASPHALT PATH FROM THE COUNTRYSIDE ACCESS ROAD TO THE CHESLEY SIDEWALK, THE COST OF WHICH WAS TO BE SHARED BY THE SCHOOL DISTRICT AND TOWN, AND REALIGN THE CEDAR FALLS PARK ENTRANCE TO ALIGN WITH THE MAIN SCHOOL ENTRANCE.

 

Council Member Waldorf asked whether Council Member Evans was proposing separate bus and automobile entrances which were separate but close.  Council Member Evans said she hoped that automobile traffic would be separate from bus traffic.  Council Member Brown asked where the bus entrance would be relative to the main entrance.  Mayor Broun asked whether the proposed alignment would be changed from the Manager's recommendation.  Council Member Evans said she did not anticipate that the alignment would change very

 

much.  Mr. Redfoot emphasized the importance of having a clear entrance and drop-off point for buses.

 

Council Member Brown asked whether the proposal was to move the main entrance to the west to an existing dirt road.  Mr. Redfoot said this was correct.  Council Member Capowski said he was not sure what would happen with the bus entrance if the main entrance were moved to align with a new entrance to Cedar Falls Park.

Mr. Redfoot briefly the two proposed entrances to the school site.

 

Mayor Broun asked whether the proposed sidewalk cost suggested by the applicant was realistic.  Mr. Horton said he was willing to trust the applicant's guesswork.  He added that the applicant had agreed to pay one-half the cost of the proposed sidewalk.  Council Member Capowski inquired about the limits of the proposed sidewalk.  Mr. Horton said it would extend from Countryside subdivision to the end of sidewalks at Chesley subdivision.  Mr. Redfoot said the applicant could study sidewalk connections and make appropriate follow-up reports to the staff.

 

Council Member Brown inquired about the possibility of adding conditions relative to parking and transportation matters.  Mr. Horton said although he recommended that School Board be given a strong admonition about what measures were desired, it was not appropriate to include this level of detail as a condition of approval.  Mr. Karpinos said the admonition could note the Council's desire that the School Board consider a closed campus and other possibilities to discourage the use of automobiles during the school day.  Council Member Chilton suggested the establishment of competitive parking fees at the proposed high school.

 

Council Member Protzman inquired about the possibility of the School District sharing the cost for relocating the entrance to Cedar Falls Park.  Mr. Touw said although this would be possible if the Council required the School District to do so, it was strongly preferable to use available funds for classroom and school technology items.

 

COUNCIL MEMBER PROTZMAN MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO AMEND THE ORIGINAL MOTION TO REQUIRE THAT THE SCHOOL DISTRICT SHARE THE COST FOR RELOCATING THE ENTRANCE TO CEDAR FALLS PARK.

 

Noting that the Town would incur a number of expenses relative to the proposed high school, Council Member Brown inquired about the possibility of requesting that Orange County assist with additional expenses to make project safety improvements.  Mr. Horton said although Town staff could make this request, he had no idea how well the request would be received by Orange County.

 

COUNCIL MEMBER CHILTON CALLED THE QUESTION ON THE PROPOSED AMENDMENT.  THE MOTION FAILED BY A VOTE OF 3-6, WITH COUNCIL MEMBERS CAPOWSKI, PAVÃO AND PROTZMAN VOTING AYE.

 

COUNCIL MEMBERS EVANS AND WALDORF AGREED TO TEMPORARILY WITHDRAW THE MAIN MOTION.

 

COUNCIL MEMBER WALDORF MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO ADOPT RESOLUTION 1A.

 

Council Member Brown requested staff comment on the request for abandonment of the Rocky Hill Master Land Use Plan.  Mr. Waldon stated that the request for abandonment was quite straightforward in that if a master plan were approved and no action to pursue it were taken, the property owners could request abandonment of the master plan.   Mr. Karpinos stated that the remaining portion of the Rocky Hill master plan not covered by the proposed high school special use permit would be subject to Council review for future development applications relative to Weaver Dairy Road improvements.  Mayor Broun said Mr. Radway was referencing improvements to Weaver Dairy Road not included in the high school proposal.  Mr. Karpinos said there was no legal basis to require the roadway improvements if the Rocky Hill Master Plan were abandoned.

 

RESOLUTION 1A WAS ADOPTED BY A VOTE OF 8-1, WITH COUNCIL MEMBER CHILTON VOTING NO.

 

A RESOLUTION ABANDONING THE ROCKY HILL MASTER LAND USE PLAN

(MLUP 25..13) (94-3-28/R-1a)

 

WHEREAS, on January 8, 1990, the Council approved the Master Land Use Plan for the Rocky Hill development containing 323 dwelling units and 30,000 square feet of commercial and office floor area on approximately 112 acres of gross land area at the intersection of Weaver Dairy Road and Sunrise Road; and

 

WHEREAS, on February 8, 1993, the Council approved a two-year extension of the Master Land Use Plan for the Rocky Hill development; and

 

WHEREAS, the Council has determined that no subsequent development approvals have been granted and no construction activity has taken place pursuant to the Rocky Hill Master Plan;

 

BE IT RESOLVED that the Council hereby approves the request for abandonment of the Rocky Hill Master Land Use Plan in accordance with the plans and conditions listed above.

 

This the 28th day of March, 1994.

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER WALDORF, TO ADOPT RESOLUTION 1B, AS AMENDED.

 

Mr. Horton said he interpreted the stipulation concerning the entrance relocation to mean that the Council would not wish the Manager to approve the plan unless it was reasonable to move the entranceway as far to the northwest as possible.

 

Council Member Capowski said he had counted 140 improperly parked cars at Chapel Hill High School on a recent school day.  He noted that although pedestrian and bicycle facilities needed to be provided, the high school administration was responsible for accommodating the automobiles it attracted.  Noting the importance of automobiles to teenagers, Council Member Capowski said he found it difficult to believe that a transportation management plan including only 300 parking spaces for students would work.

 

COUNCIL MEMBER CAPOWSKI SUGGESTED AMENDING RESOLUTION B TO REQUIRE THE ANCILLARY PARKING (120 SPACES) BE CONSTRUCTED IN PHASE ONE, RATHER THAN PHASE TWO OF THE PROJECT, INCLUDING CONSTRUCTION OF AN ALTERNATE ENTRANCE OFF SUNRISE DRIVE.  THE MOTION DIED FOR LACK OF A SECOND.

 

Council Member Brown asked whether the proposed location to Cedar Falls Park was in a speculative rather than an absolute stage. Mr. Horton said the only way to be certain in this matter would be for the Council to adopt a project budget for an engineering study.

 

Council Member Chilton said the school system and staff needed to work on the proposed transportation management plan.  He expressed concern that local property tax monies might be used to subsidize parking spaces for high school students.  Council Member Chilton said this was not an appropriate use of Town funds.

 

RESOLUTION 1B, AS AMENDED, WAS ADOPTED BY A VOTE OF 7-2, WITH COUNCIL MEMBERS PAVÃO AND PROTZMAN VOTING NO.

 

A RESOLUTION APPROVING A SPECIAL USE PERMIT APPLICATION FOR A NEW HIGH SCHOOL (SUP 25..13A) (94-3-28/R-1b)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the new high school, proposed by the Chapel Hill-Carrboro School System, on approximately 74 acres of gross land area identified as Chapel Hill Township Tax Map 25, Lot 13A, if developed according to the site plan dated December 22, 1993 (revised January 3 1994):

 

1.   Would be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;

 

2.   Would 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;

 

 

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

 

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

 

These findings are conditioned on the following:

 

 

 

 

 

           Stipulations Specific to the Development

 

1.   A.   That construction begin by March 28, 1996 (two years from the date of approval) and be completed by March 28, 2004 (ten years from the date of approval).

 

     B.   That half of a 100 foot right-of-way be dedicated along the subject property's Weaver Dairy Road frontage.

 

     C.   That half of a 70 foot right-of-way be dedicated along the subject property's Sunrise Road frontage.

 

     D.   That in those areas with auxiliary lanes, enough right-of-way be dedicated so that all public street improvements are contained within the public right-of-way.

 

     E.   That, if Cedar Falls Park's parking spaces are to be formally used as part of the high school's student parking, an agreement with the Town of Chapel Hill be approved by the Town Manager regarding use, management, and monitoring of no more than 60 parking spaces in the Town's Cedar Falls Park parking lot for student parking.

 

     F.   That a Transportation Management Plan which includes trip-reduction measures for faculty, staff, and students, and which encourages a reduction in the amount of vehicular traffic associated with parents' dropping-off/picking-up of students, be reviewed and approved by the Town Manager prior to issuance of a Certificate of Occupancy.  The Transportation Management Plan shall include:

 

          a.   Provision for designation of a Transportation Coordinator;

 

          b.   Provisions for an annual Transportation Survey and Annual Report to the Town Manager (the Council urges the applicant to consider a closed campus and other possibilities, including competitive parking rates, to discourage use of automobiles);

 

          c.   Quantifiable traffic reduction goals and objectives;

 

          d.   Ridesharing incentives;

 

          e.   Public Transit incentives;

 

          f.   Consideration of bicycle racks and storage lockers;

     G.   That the softball, baseball, and athletic practice fields in the northwestern half of the site not be lighted.

 

     H.   That if pedestrian/bicycle access is ever impeded or denied through the Chandlers Green recreation area, the applicant provide a pedestrian/bicycle path from the Amesbury Drive stub-out to the school building within 90 days of notice from the Town Manager that an Amesbury Drive pedestrian/bicycle connection is needed.

 

     I.   That, prior to issuance of a Zoning Compliance Permit, the applicant shall provide documentation showing that at least thirty-five percent (35%) of the parking area surface of parking lots and driveways will be shaded by vegetation when the vegetation matures, in accordance with Section 14.6.6 of the Development Ordinance.

 

     J.   That the applicant contribute 1/2 cost of providing an asphalt pedestrian pathway from countryside to connect with the existing sidewalks at the end of the Chesley development.

 

     K.   That the final location of the main entrance be reconsidered prior to approval of final building plans, for possible relocation to the west in conjunction with a relocated Cedar Falls park entrance if such park entrance relocation is considered by the Town.

 

2.   Required Improvements (specific to the proposed development):

 

     A.   That a traffic signal or substantially equivalent traffic control measures be provided at the school's main driveway entrance prior to issuance of a Certificate of

          Occupancy. 

 

     B.   That, in areas where there are currently no improvements on the south side of Weaver Dairy Road, Weaver Dairy Road be improved along the subject property's frontage to half of a 70 foot cross-section with a 5 foot striped bike lane, curb and gutter, and sidewalk.

 

     C.   That, for that part of the subject property's Weaver Dairy Road frontage opposite the Chesley Subdivision where curb, gutter, and sidewalk are already in place, Weaver Dairy Road be improved so that a full 70 foot cross-section is built to include 5 foot striped bike lanes, curb and gutter, and sidewalks.

 

     D.   That a left-turn lane, right-turn deceleration lane, and an acceleration lane be provided both at the school's main driveway entrance and at the bus entrance.

 

     E.   That the applicant provide a bus stop with pad, bench, and shelter on the north side of Weaver Dairy Road near the main driveway entrance, the bus stop to be located along the acceleration lane.

 

     F.   That a left-turn lane on Weaver Dairy Road at Sunrise Road be provided.

 

     G.   That a right-turn deceleration lane on the west side of Sunrise Road at the Sunrise Road/Weaver Dairy Road intersection be provided.

 

     H.   That Sunrise Road be improved along the subject property's frontage to half of a 41 foot cross-section with curb and gutter and sidewalk.

 

     I.   That a right-turn deceleration lane on the east side of Sunrise Road at the entrance to the 120-space parking lot be provided.

 

     J.   That the applicant provide a pedestrian/bicycle path, built to Town standards, which connects the walkway along the Sunrise Road entrance drive to the Sunrise Road/Weaver Dairy Road intersection.

 

     K.   That safety improvements be made to the existing dams as called for in the attached engineering report:  tree removal, adjustments to downstream slopes, reseeding downstream slopes, backfilling the animal burrow on the upper dam, clearing the upper pond's standpipe, adding trash racks to standpipe spillways, providing or restoring drain valves at the standpipes, and providing additional spillway capacity or storage capacity.

 

     L.   That all parking lots and driveways be built to Town standards.

 

     M.   That all drive areas for handling bus traffic have enhanced load-bearing capability.

 

 

     N.   That the applicant provide a fire hydrant within 500 feet of the proposed media box and concession stand, the location of the fire hydrant to be reviewed and approved by the Town Manager.

 

     O.   That motorcycle parking be identified by signage within the student parking lot.

 

     P.   That the portion of the existing gravel path on the high school property that is to remain be graded, compacted, and re-graveled to its connection with the Chandlers Green recreation area, and that a gate across the gravel path at that connection remain.

 

     Q.   That the area around the gate at the connection with the Chandlers Green recreation area be improved to allow pedestrian and bicycle traffic access to the high school property.

 

  Stipulations Related to the Resource Conservation District

 

3.   Boundaries:  That the boundaries of the Resource Conservation District be shown on the final plat and final plans with a note indicating that "Development shall be restricted within the Resource Conservation District in accordance with the Development Ordinance."

 

4.   Variances:  That all variances necessary for development within the Resource Conservation District be obtained before application for final plat or final plan approval.

 

Stipulations Related to State and Federal Government Approvals

 

5.   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.

 

6.   NCDOT Approval:  That plans for improvements to state-maintained roads be approved by NCDOT prior to issuance of a Zoning Compliance Permit.

 

          Stipulations Related to Landscape Elements

 

7.   Landscape Protection Plan:  That a Landscape Protection Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

 

8.   Landscaping, Lighting, and Buffer Plans:  That a detailed landscape plan, landscape maintenance schedule, and site lighting plan be reviewed and approved by the Appearance Commission and the Town Manager prior to the issuance of a Zoning Compliance Permit.  Recommendations from the Police Department regarding security aspects of the site lighting shall be included in the Town Manager's consideration of the detailed site lighting plan.

 

     The detailed landscape plan shall include the following minimum buffers:

 

     -    Type D buffer (minimum 50 feet wide) along the Weaver Dairy Road frontage;

 

     -    Type A buffer (minimum 30 feet wide) along the Sunrise Road frontage; and

 

     -    Type C buffers (minimum 50 feet wide) along all other property lines.

 

     If the applicant proposes alternate buffers for any portion of the property's perimeter, the Appearance Commission must review and approve the alternate buffer plans prior to issuance of a Zoning Compliance Permit.

 

          Stipulation Related to Building Elevations

 

9.   Building Elevation Approval for Special Use Permit applications:  That detailed building elevations be reviewed and approved by the Appearance Commission prior to issuance of a Zoning Compliance Permit.

 

   Stipulations Related to Water, Sewer and other Utilities

 

10.  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.

 

11.  Utility/Lighting Plan Approval:  That the final utility/lighting plan be approved by the Orange Water and Sewer Authority, Duke Power, Public Service Company, Southern Bell, the local cable television company, and the Town Manager, prior to issuance of a Zoning Compliance Permit.

 

                  Miscellaneous Stipulations

 

12.  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.

 

13.  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 or application for final plat approval, 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.

 

14.  Erosion Control:  That a soil erosion and sedimentation control plan be approved by the appropriate State of North Carolina authorities and by the Town Manager prior to 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 Council hereby approves the application for the New High School Special Use Permit in accordance with the plans and conditions listed above.

 

This the 28th day of March, 1994.

 

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT RESOLUTION E.

 

Council Member Brown inquired about costs of the proposal.  Mr. Horton said staff did not know the exact costs.  Council Member Capowski said Resolution E was a superb one which was badly needed.

 

RESOLUTION 1E WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION DIRECTING THE MANAGER TO MONITOR THE HIGH SCHOOL DEVELOPMENT AND ITS IMPACT ON ADJACENT NEIGHBORHOODS (94-3-28/R-1e)

 

WHEREAS the Council of the Town of Chapel Hill has approved a Special Use Permit for a new high school to be located on Weaver Dairy Road at Sunrise Road;

 

WHEREAS the Council recognizes the concerns of the surrounding neighborhoods about the impact of the new high school;

 

WHEREAS the Council wants to help ensure that the high school impact is minimized;

 

NOW, THEREFORE, BE IT RESOLVED that the Council of the Town of Chapel Hill directs the Town Manager to monitor the high school development and its impact on nearby neighbors especially in the following areas:

 

  -  Adequacy of on-site parking

 

  -  Adequacy of special events parking

 

  -  Impact of special events on surrounding neighborhoods

 

  -  Sweeten Creek Road use as a student drop-off area

 

  -  Use of the Chandlers Green Homeowners Association property on Sweeten Creek Road by students

 

BE IT FURTHER RESOLVED that the Council directs the Manager to work with the Chapel Hill Carrboro City Schools and the neighbors to address specific impacts which may occur once the school is open.

 

BE IT FURTHER RESOLVED that the Council directs the Manager to report to the Council problems or negative impacts that are discovered by this monitoring.

 

This the 28th day of March, 1994.

 

                 Item 6  Public Housing Budget

 

Mr. Horton briefly reviewed the proposed resolutions.  Mayor Broun noted that there were no citizens wishing to speak on the matters.

 

COUNCIL MEMBER WALDORF MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO ADOPT RESOLUTION 2.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION REQUESTING ASSISTANCE FROM THE US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT TO ADDRESS MAINTENANCE AND REPAIR NEEDS FOR PUBLIC HOUSING RESIDENCES IN CHAPEL HILL AND CARRBORO (94-3-28/R-2)

 

WHEREAS, the Town of Chapel Hill desires to improve the quality of public housing neighborhoods; and

 

WHEREAS, the Town recognizes that federal funds for operating and maintenance costs of public housing are allocated in accord with federal legislation and regulations; and

 

WHEREAS, the Town believes that additional resources are needed to provide maintenance and repair services in public housing residences, for which there is and has been a backlog of needed repair work in more than 40 of the Town's 336 public housing residences; and

 

WHEREAS, the Town is taking steps to make more effective use of the resources available under current federal funding levels for public housing maintenance and repairs; and

 

WHEREAS, the Town will continue to aggressively seek federal grants for major renovation work in public housing neighborhoods;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby requests the U.S. Department of Housing and Urban Development to support the public housing residents in Chapel Hill and Carrboro, and the Town as the local owner of public housing assets, by providing additional funds for maintenance and repair costs in light of current needs.

 

BE IT FURTHER RESOLVED that the Council requests that the U.S. Department of Housing and Urban Development allow $200,000 previously planned for use to build a housing maintenance facility to be reprogrammed for renovation or refurbishment of public housing.

 

BE IT FURTHER RESOLVED that the Council authorizes the Mayor and Town Manager to transmit this request to the U.S. Department of Housing and Urban Development and to confer with HUD representatives on how to address maintenance funding needs.

 

This the 28th day of March, 1994.

 

COUNCIL MEMBER PROTZMAN MOVED, SECONDED BY COUNCIL MEMBER WALDORF, TO ADOPT RESOLUTION 3.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION APPROVING AN OPERATING BUDGET FOR THE LOW RENT CONVENTIONAL HOUSING PROGRAM FOR JULY 1, 1994 THROUGH JUNE 30, 1995 FOR PROJECT NO (S) 46-1, 2, 3, 4, 5, 6, 7, 9 (94-3-28/R-3)

 

WHEREAS, the Town Manager has submitted a public housing budget for fiscal year ending June 30, 1995; and

 

WHEREAS, the Council has determined that the proposed expenditures are necessary in the efficient and economical operations of the Housing Authority for the purpose of serving low-income families; and

 

WHEREAS, the budget indicates a source of funding adequate of cover all proposed expenditures; and

 

WHEREAS, all proposed rental charges and expenditures will be consistent with provisions of law and the Annual Contributions Contract; and

 

WHEREAS, the Council hereby certifies that the Town's Authority is in compliance with the provisions of Section 207 (a) of the

 

Authority shall at least once a year re-examine the income of families living in the Projects (a); and

 

WHEREAS, all persons responsible for 75 or more units of public housing are hereby certified by an approved certifying organization; and

 

WHEREAS, pursuant to Section 307, Part II of the Consolidated Annual Contributions Contracts, the Town's Authority hereby certifies that all administrative salaries are comparable to local practice, based on a comparability study date of January 1989 which is on file for HUD review;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the operating budget for the fiscal year ending June 30, 1995.

 

This the 28th day of March, 1994.

 

COUNCIL MEMBER PROTZMAN MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 4.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION CONFIRMING THAT THE PERSONS RESPONSIBLE FOR HOUSING MANAGEMENT DUTIES HAS BEEN CERTIFIED BY AN APPROVED CERTIFYING AGENCY (94-3-28/R-4)

 

WHEREAS, Tina Vaughn, Director of the Department of Housing,  Harold Wolfe, Housing Officer, have been certified by the National Association of Housing and Redevelopment Officials as a Public Housing Manager; and

 

WHEREAS, the National Association of Housing and Redevelopment Officials is an approved Certifying Agency; and

 

WHEREAS, these persons perform housing management duties;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the persons involved in the performance of housing management duties meets certification requirements as set forth in Federal Register Volume 41, Number 190, Wednesday, September 29, 1976; pp. 43088-43092, and the salary of such person is an eligible operating expenditure.

 

This the 28th day of March, 1994.

 

     Item 7  Stormwater Management Committee Status Report

 

Stormwater Management Committee representative and former Mayor pro tem Art Werner said the Committee had been created by the Council in 1991 in response to flooding concerns.  He noted that the Committee hoped to make its final recommendations to the Council by the end of the summer, with Committee dissolution occurring shortly thereafter.  Mr. Werner presented an overview of the Committee's recent activities, noting that 60-70% of the Town-wide inventory of stormwater drainage structures had been completed.

 

He added that the main stormwater drainage pipes in the Town had been constructed in an ad hoc fashion.  Mr. Werner said the Committee was also examining how the Council might wish to modify the Development Ordinance relative to stormwater management matters, including strategies to decrease impervious surface areas and methods for financing of stormwater management infrastructure.

 

Mr. Werner said Town staff was attempting to map all area streams as a means of monitoring water quality concerns.  He added that sampling at eight area streams had found that the water quality in the streams was fair.  On behalf of the Committee, Mr. Werner thanked Town staff, especially Mike Neal, for their capable assistance to the Committee.

 

Council Member Capowski asked whether the Committee would make recommendations to the Council on types of construction and possibilities for flooding.  Mr. Werner said the Committee was

examining drainage mapping as a means of identifying sensitive drainage areas in the Town.  He noted that the Committee would likely recommend that the Council require developers of projects beyond a certain size to run hydro models to determine drainage impacts within basins and on neighboring properties.

 

Council Member Brown inquired about water quality in the Cape Fear Basin as related to the study and referenced in the text.  Mr. Werner said chemical monitoring of this area indicated that the level of biological health was excellent.

 

Council Member Evans inquired about the Committee's recommendations concerning sunset provisions.  Mr. Werner said the Committee had been meeting over a longer time period than originally anticipated.  He noted that most of the Committee's programs could be continued by Town staff, possibly with the addition of a part-time person to assist with these duties.  Mr. Werner said the Town of Carrboro was interested in participating in a joint water quality monitoring program.

 

Council Member Brown asked whether any water quality monitoring was occurring at the University's cogeneration facility.  Mr. Werner said such monitoring was required by the State of North Carolina.  He noted that OWASA shared its monitoring data with the Stormwater Management Committee.

 

        Item 8  Landfill Owners Group Budget Proposals

 

Council Member Chilton said he was seeking the Council's guidance as the Council's representative on the Landfill Owner's Group (LOG).  He briefly reviewed possible new programs for inclusion in the LOG's budget including the establishment of a permanent household hazardous waste program, a reserve fund for a future landfill, expansion of rural curbside recycling and increasing amounts available for waste reduction grants.  Council Member Chilton said he believed that the Landfill Owners Group should have steady increases in the landfill tipping fee, rather than large staggered increases.  He also emphasized the importance of building up adequate capital to handle new landfill costs.

 

Mayor Broun inquired when the LOG would make a decision on its final recommended budget.  Council Member Chilton said the LOG would likely recommend a $2 per ton increase for mixed solid waste and clean wood waste and a $1 per ton increase for ash.  Council Member Waldorf noted that the tipping fee for ash disposal was always a careful negotiation with the University.  Council Member Chilton noted that the proposed fee increases would impact both the Town and University.

 

Council Member Evans asked whether proposed recycling bins in the downtown area would be handled in conformance with the Town's proposed Streetscape Plan.  Council Member Chilton said this was correct.  Ms. Loewenthal said the proposal was currently being examined by the Appearance Commission.  Council Member Evans inquired whether the proposed salvage sheds might be in opposition to fundraising efforts by area schools.  Council Member Chilton asked whether Town staff had talked to the PTA about this possibility.  Public Works Director Bruce Heflin said there had been some preliminary discussions with area schools about this matter.

 

Council Member Evans noted the possible impact of increased tipping fees on small business persons and on the possibility for more roadside dumping.  Council Member Capowski asked whether the landfill budget had the same investment restrictions as other Town funds.  Ms. Loewenthal said this was correct.  Noting that saver's interest rates were at very low rates, Council Member Capowski said it was a good time to concentrate on debt repayment.

 

Council Member Brown expressed concern that there was a lack of program evaluation information about programs added over the last few years.  She said the Landfill Owners Group proposed budget appeared to be more of a public relations, rather than a waste reduction, budget.  Noting that the Council would have the ultimate decision-making authority on the proposed LOG budget, Council Member Chilton said additional detailed information would be provided to the Council in the future.  He also noted that rural recycling programs were not that much more expensive than urban programs in terms of costs per ton.

 

Noting the importance of receiving good program evaluations, Council Member Brown said she believed it was important to invest in waste reduction type programs.  Council Member Chilton noted that there was really no objective way to determine whether or not individual programs were worthwhile since the elected boards would ultimately make these determinations.

 

Mayor Broun said he had real concerns about the proposed increase in landfill tipping fees.  He suggested that the Landfill Owners Group needed the types of evaluations suggested by Council Member Brown for existing programs.  Mayor Broun also emphasized the need for an evaluation of whether saving of funds or reduction of debt was a better use of landfill budget funds.

 

Council Member Protzman said although some of the proposed programs made a lot of sense, he shared some of the same concerns as Council Member Brown about the need to divert funds to address the most important current landfill priorities.  Council Member Chilton said the Landfill Owners Group could identify areas for possible reductions.  Council Member Brown said increases in tipping fees could possibly be offset by reductions in the amount of waste sent to the landfill.

 

              Item 9  Proposed Sewer Loan Program

 

Planning Coordinator Chris Berndt provided an overview of key issues concerning the proposed program.  She said staff recommended that the Council consider ten year deferred loans at zero percent interest, serving households having less than 80% of the area's median income.  Ms. Berndt stated that Resolution A would establish a program using Community Development and half-cent sales tax funds.

 

Flicka Bateman asked why loans instead of grants, were being proposed.  She inquired how the Town would keep track of the loan repayments to the Housing Loan Trust Fund.  Ms. Bateman also asked why the loans would be a flat amount rather than a percentage.  She stated that a flat rate program would be easier to administer.

 

Henry Lister said the proposed program involved a number of complex questions.  He stated that a loan program with payments being made to a low-income housing fund appeared to be punitive in nature.  Noting the difficult financial circumstances of the program's applicants, Mr. Lister said a grant process was preferable to a loan process.  He said the Council's original intent appeared to be to have a grant program to cover a significant portion of sewer assessment costs.

 

Mr. Horton said the staff would be glad to respond to the citizen's concerns.  He said a follow-up report could be made at the April 11th meeting.

 

Council Member Capowski requested that the staff's follow-up report contain information on how much staff time would be needed to administer the loan program, what would limit the pot of available funds, whether funds repaid to the Housing Loan Trust Fund would need to be used for sewer purposes and whether listed recipients and related financial statements would be considered public documents.   Council Member Capowski also said he thought it would be a bad idea to provide subsidies to persons such as medical residents, solely in Town for education purposes.

 

Mr. Lister said he supported the Housing and Community Development Board's recommendation of providing subsidies to individuals and families earning less than 60% of the area's median income.

 

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER POWELL TO REFER THE MATTER TO STAFF.  THE MOTION WAS ADOPTED UNANIMOUSLY

(9-0).

 

  Item 10  Calling Hearing on Use of Horace Williams Property

 

Mr. Horton said the Town had received a letter from Chancellor Hardin requesting that the Council conduct a forum on a possible cooperative master development plan for the Horace Williams Property, rather than a hearing on rezoning of the property.

 

Council Member Protzman said although he liked the idea of a public forum on the proposal, he was also concerned with the proposed delay of the public hearing until January 16, 1995.  He suggested that the Council consider amending the proposed resolution to hold a hearing within 90-120 days of the forum rather than holding the hearing on January 16, 1995.  Mayor Broun inquired about the possibility of scheduling the hearing at the April 18th forum.  Council Member Protzman said he favored holding a hearing within ninety days of the forum.

 

Former Council Member Julie Andresen, representing Citizens for Airport Planning, noting that the site plan review process was slow said it was prudent to proceed with rezoning of the Horace Williams property as soon as possible.  She also emphasized the importance of receiving timely feedback from citizens on the University's plans for the Horace Williams tract.  Noting the difficulty of grasping abstract ideas, Ms. Andresen said it was important for citizens to be able to comment on specific development proposals.

 

Diane Bloom, representing Citizens for Airport Planning, urged the Council to go ahead with a public forum and zoning hearing on the Horace Williams property as soon as possible.  She added that putting stronger zoning into place would protect the property's neighbors from negative development impacts.

 

Council Member Chilton said although he appreciated the points made by members of the public, he did not believe that development of the property would take place in the near future.  He suggested that the Council not rush into rezoning of the Horace Williams property.

 

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 6, AS PROPOSED.

 

Council Member Chilton said he did not believe that holding the hearing on January 16, 1995 would cause an undue delay.

 

COUNCIL MEMBER PROTZMAN MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO AMEND RESOLUTION TO HOLD A PUBLIC HEARING WITHIN 120 DAYS OF THE APRIL 18TH PUBLIC FORUM ON THE HORACE WILLIAMS PROPERTY.

 

Council Member Brown asked how long it took to rezone for large lots.  Mr. Waldon said the rezoning of an existing property could be accomplished quite quickly following a public hearing on the rezoning proposal.  He added that creation of a new zoning district would take somewhat longer to review and put in place.

 

Council Member Capowski suggested the possibility of tabling the matter to a later date.  Mayor Broun said that Chancellor Hardin was requesting that the process for consideration of rezoning of the Horace Williams property be slowed down.  Noting that the Council was a very public body, Council Member Capowski said the forum was a tremendous opportunity for the University to receive input on its proposals.

 

Council Member Protzman said he thought the Chancellor's request was a good one.  Council Member Protzman stated that his goal in suggesting a nearer term public hearing was to provide the University with an opportunity to hear public comment in a timely fashion.  He called the question on the proposed amendment to the main motion.

 

Expressing her appreciation for the Chancellor's suggestion, Council Member Brown emphasized the importance of the Council reviewing the principles relative to the University's proposal.

Mayor Broun said the main motion was to call a public forum on April 18th for a planning process for the Horace Williams property.  Council Member Chilton said the main motion was an intelligent one which proceeded cautiously.

 

THE SUBSTITUTE MOTION, TO HOLD A PUBLIC HEARING WITHIN 120 DAYS OF THE APRIL 18TH FORUM WAS ADOPTED BY A VOTE OF 5-4, WITH COUNCIL MEMBERS BROWN, CAPOWSKI, PAVÃO, PROTZMAN AND WALDORF VOTING AYE.

 

THE MAIN MOTION, RESOLUTION 6 AS AMENDED, WAS ADOPTED BY A VOTE OF 8-1, WITH COUNCIL MEMBER CHILTON VOTING NO.

 

A RESOLUTION CHANGING A PUBLIC HEARING ON APRIL 18, 1994 TO A PUBLIC FORUM (94-3-28/R-6)

 

WHEREAS, the Council has called a Public Hearing for April 18, 1994, to consider the following:

 

     -    Amendments to the Chapel Hill Development Ordinance, to create a new zoning district with characteristics appropriate to the Horace Williams property;

 

     -    Rezoning some or all of the Horace Williams property to this new district, or some combination of new and existing zoning districts; and

 

WHEREAS, University of North Carolina officials have requested delay of the zoning proposals, to be replaced by discussion of process for planning for development of the Horace Williams property;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Public Hearing for the two above-mentioned zoning proposals be postponed for a period not to exceed 120 days.

 

BE IT FURTHER RESOLVED that a Public Forum be scheduled for April 18, 1994, to discuss a process for planning for development of the Horace Williams property.

 

This the 28th day of March, 1994.

 

Council Member Waldorf asked whether the University would make the main presentation with an opportunity for citizen and Council comment.  Mr. Horton said this was correct.

 

Noting the lateness of the hour, Council Member Chilton suggested tabling discussion of item 11, a process for allocating hotel and motel taxes.  There were no objections to the suggestion.

 

                    Item 12  Consent Agenda

 

Council Member Evans suggested that staff draft an administrative policy on addressing removal of parking from area streets.

 

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO ADOPT RESOLUTION 8, THE CONSENT AGENDA, AS PRESENTED.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES

(94-3-28/R-8)

 

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

 

          a.   Minutes of February 14, 22, 23, 28 and March 2.

          b.   Setting budget work session with Greenways and Parks and Recreation Commissions (R-9).

          c.   Reappropriation of encumbrances (O-1).

 

          d.   Bolin Creek, Phase 2 expedited review request

              (R-10).

          e.   Change order for Rainbow Heights construction project (R-11).

          f.   Removal of deed restriction for Ruth Faison Shaw House (R-12).

          g.   West Franklin Street crosswalk (R-13).

          h.   Chandler's Green parking restrictions (O-2).

          i.   Curtis/Elliott stop signs (O-3).

          j.   Request by Chapel Hill-Carrboro Schools to use Council Chambers.

          k.   Rejection of bus washer bid awards (R-15).

 

This the 28th day of March, 1994.

 

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO SCHEDULE A JOINT WORK SESSION WITH THE PARKS AND RECREATION COMMISSION AND THE GREENWAYS COMMISSION (94-3-28/R-9)

 

WHEREAS, the Parks and Recreation Commission and the Greenways Commission have been appointed to advise the Council on various issues; and,

 

WHEREAS, each of the Commissions has requested a joint budget work session to discuss the Town's operating budget and the capital improvement program.

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Town Manager to schedule joint work sessions with the Parks and Recreation Commission and the Greenways Commission for May 2, 1994.

 

This the 28th Day of March, 1994.

 

AN ORDINANCE TO AMEND "THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1993

(94-3-28/O-1)

 

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled "An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 1993" as duly adopted on June 28, 1993 be and the same is hereby amended as follows:

 

                           ARTICLE I

 

                   Current                                  Revised

                   Budget        Increase      Decrease     Budget

 

APPROPRIATIONS


 

GENERAL FUND

 

  Public Works

     Streets       2,305,461       8,700                  2,314,161

     Traffic         457,779       3,975                    461,754

 

LANDFILL FUND      3,699,560     146,148                  3,845,708

 

 

REVENUES

 

GENERAL FUND

 

  Fund Balance     1,176,601     12,675                  1,189,276

 

LANDFILL FUND        352,927     146,148                    499,075

 

 

This the 28th day of March, 1994.

 

 

A RESOLUTION DIRECTING EXPEDITED PROCESSING IN THE REVIEW OF THE APPLICATION FOR A SPECIAL USE PERMIT FOR PHASE II OF THE BOLIN CREEK GREENWAY TRAIL (94-3-28/R-10)

 

WHEREAS, the Town of Chapel Hill will submit an application for a Special Use Permit for Phase II of the Bolin Creek Trail; and

 

WHEREAS, the proposed trail would be a public facility which would serve the interests of the community at large; and

 

WHEREAS, the Bolin Creek Greenways Advisory Committee, the Greenways Commission, and the Parks & Recreation Commission have all advised that the public interest would be best served by a timely completion of the Phase II project;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is directed to expedite processing of the Special Use Permit application of the Town of Chapel Hill for the proposed Phase II of the Bolin Creek Greenway Trail in a manner that will speed review without sacrificing breadth and depth of analysis.

 

This the 28th day of March, 1994.

 

A RESOLUTION AUTHORIZING THE MANAGER TO EXECUTE CHANGE ORDERS IN THE AMOUNT OF $3,022 TO DTH CONSTRUCTION COMPANY, INC. FOR THE  PUBLIC

 

HOUSING UNITS IN THE NEW RAINBOW HEIGHTS NEIGHBORHOOD

(94-3-28/R-11)

 

WHEREAS, the original contract amount was $1,274,850 and the Town has approved change orders in the amount of $346,707,

 

WHEREAS, the Council has established a policy for approving change orders for construction contracts which exceed the limit of $50,000,


 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manger to execute change orders with DTH Construction Company, Incorporated in the amount of $3,022 for the new public housing construction, as listed below and discussed in the Town Manager's report of March 28, 1994.

 

     54.  Additional drain lines and crawl space $ 3,022.00

          door wells.

 

     55.  Change grading and relocate plumbing  No Charge

          fixtures.

 

     56.  Change plantings in accordance with    No Charge

          revised landscaping plan    

 

This the 28th day of March, 1994.

 

A RESOLUTION RELEASING THE DEED RESTRICTIONS ON THE RUTH FAISON SHAW HOUSE ON THE CONDITION THAT THE RESIDUAL VALUE OF THE BUILDING BE RETURNED TO THE TOWN (93-3-28/R-12)

 

WHEREAS, the Council of the Town of Chapel Hill conveyed the former home of Ruth Faison Shaw, previously located at 112 Estes Drive, to the Ruth Faison Shaw Memorial Committee, and

 

WHEREAS, the gift of the house was conditioned on it being used as a museum and cultural center for the people of Chapel Hill whose primary goal would be the preservation of the works and memory of Ruth Faison Shaw

 

WHEREAS, the Committee has petitioned the Town Council requesting that the Council waive the restraints on structure and preservation of the above-named property,

 

WHEREAS the Council finds that the Ruth Faison Shaw Memorial Committee has made good faith efforts to implement a museum, but has not been able to find the resources to do so

 

WHEREAS, the Council wishes to ensure that the residual value of the house conveyed for public purpose is used for that public purpose or for other purposes as determined by its Council.

 

WHEREAS, the Council believes that the remaining value of the structure which was moved, not considering the foundation improvements made, is $1,000, due to no longer being movable at reasonable expense,

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council:

 

     1.   authorizes the sale of the Ruth Faison Shaw House, and

     2.   authorizes the Town Manager to execute release documents relieving the deed restrictions

 

BE IT FURTHER RESOLVED that the above authorization is conditioned upon the Ruth Faison Shaw Memorial Committee remitting to the Town of Chapel Hill, upon closing the sale of this structure, the sum of $1,000.

 

This the 28th day of March, 1994.

 

 

A RESOLUTION REQUESTING THAT THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION INSTALL A SIGNALIZED AND STRIPED MID-BLOCK PEDESTRIAN CROSSWALK ON WEST FRANKLIN STREET IN THE VICINITY OF TOWN PARKING LOT #3 (94-3-28-R-13)

 

WHEREAS, the Town of Chapel Hill desires to create and preserve a pedestrian friendly atmosphere in the downtown area; and

 

WHEREAS, the Town has undertaken initiatives to improve pedestrian services and safety including upgraded lighting, increased police presence, and streetscape/sidewalk improvements; and

 

WHEREAS, the Town Council recognizes the importance of creating a safe and convenient linkage between the north and south sides of West Franklin Street;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council requests the North Carolina Department of Transportation to install a signalized and striped mid-block pedestrian crosswalk on West Franklin Street in the vicinity of Town Parking Lot #3 and as shown on the attached sketch.

 

This the 28th day of March, 1994.

 

 

AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES

(94-3-28/O-2)

 

BE IT ORDAINED by the Council of the town of Chapel Hill:

 

 

 

 

 

 

                             SECTION I

 

That Section 21-27.1(c), "No parking during certain hours (9:00 a.m. to 4:00 p.m. Monday - Friday)", is amended by inserting the following therein, in appropriate alphabetical order.

 

        STREET

    SIDE

        FROM TO       

 

 

 

Sweeten Creek Road

Either

Full Length

Justin Place

Either

Full Length

Amesbury Drive

Either

Full Length

Yukon Lane

Either

Full Length

Toynbee Place

Either

Full Length

Landing Drive

Either

Full Length

 

                          SECTION II

 

This ordinance shall become effective on May 2, 1994.

 

                          SECTION III

 

All ordinances and portions of ordinances in conflict herein are hereby repealed.

 

This the 28th day of March, 1994.

 

 

AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES

(94-3-28/O-3)

 

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

 

                           SECTION I

 

That Section 21-13(c) of the Town Code of Ordinances, Right-of-Way and Stop Regulations, is amended by inserting the following in appropriate order:

 

                         Intersections

 

                   Curtis Road/Elliott Road

                   Clayton Road/Curtis Road

 

                          SECTION II

 

This ordinance shall be effective beginning on Monday, May 9, 1994.

 

                          SECTION III

 

All ordinances and portions of ordinances in conflict herewith are hereby repealed.

 

This the 28th day of March, 1994.

 

 

A RESOLUTION RESERVING THE COUNCIL CHAMBER FOR MEETINGS OF THE BOARD OF EDUCATION OF THE CHAPEL HILL-CARRBORO CITY SCHOOL DISTRICT (94-3-28/R-14)

 

WHEREAS, the Council of the Town of Chapel Hill has from time to time reserved the use of City Schools facilities for public meetings with no facility rental charges to the Town under current policies; and

 

WHEREAS, the Board of Education for the Chapel Hill - Carrboro City Schools desires to meet in the Council Chamber and to cablecast

 

these meetings with the Town's video and audio production equipment; and

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby cordially invites the Board of Education to meet in the Council Chamber at the Chapel Hill Town Hall, and authorizes the Manager to formally reserve the Chamber for such meetings on a firm, non-cancelable basis on the first Thursdays of the month beginning in July, 1994, and extending through June, 1997, with the potential for further extensions of the non-cancelable reservation by future action of the Council at the request of the Board of Education.

 

BE IT FURTHER RESOLVED that the Council authorizes the use of the Town's audio and video equipment for such meetings with no rental fees for facility or equipment use provided that the Chapel Hill-Carrboro City Schools shall cover at its expense the cost of hiring the Town's designated video production contractor with the cost per meeting to be agreed upon by the City Schools and the designated contractor and paid directly to the contractor.

 

This the 28th day of March, 1994.

 

 

A RESOLUTION REJECTING BIDS FOR A FOUR BRUSH BUS WASHER WITH WATER RECLAMATION SYSTEM (94‑3‑28/R-15)

 

WHEREAS, the Town of Chapel Hill solicited formal bids by legal notice in The Chapel Hill News on January 26, 1994 and in Passenger Transport on January 31, 1994, in accordance with General Statute 143‑129, and

 

WHEREAS, the following bids were received and opened on March 16, 1994:

 

         Vendor                                Cost

 

   Erisa, Inc.                                $88,735

   Brownsville, Texas

 

   Ross & White Company                       $98,250

   Wheeling, Illinois

 

   N/S Corporation                           $101,730

   Inglewood, California

 

   SSI Corporation                           $119,880

   Tonawanda, New York

 

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council rejects the bids of March 16, 1994 submitted by Erisa, Inc., Ross & White Company, N/S Corporation, and SSI Corporation in order to re‑bid and readvertise for the Transportation Department Four Brush Bus Washer and Water Reclamation System in a manner that would enhance the competitive pricing and bidding process.

 

This the 28th day of March, 1994.

 

The meeting concluded at 11:47 p.m.  During the Executive Session, the Council authorized the Manager and Attorney to release information pertaining to a current personnel matter. 

 

The Executive Session concluded at 12:22 a.m.