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.