MINUTES OF A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA, MONDAY, OCTOBER 10, 1994, 7:

MINUTES OF A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA, MONDAY, OCTOBER 10, 1994, 7:30 PM

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 and Town Attorney Ralph Karpinos.

There were no ceremonies.

Item 2 Public Forum on Proposed Transit Priorities

Transportation Planner David Bonk provided an overview of the proposed projects and suggested changes in the priority list.

Council Member Powell asked about the nature of proposed transit improvements along Piney Mountain Road. Mr. Bonk stated that a bus shelter or bench was proposed to safely and conveniently accommodate area bus riders.

Council Member Brown inquired how the transportation project criteria had been prioritized. Mr. Bonk stated that all eight criteria used were evenly weighted.

Joan Bartel, a resident of South Columbia Street said she was very pleased with proposal in the plan for proposed improvements to South Columbia Street. Ms. Bartel stated that the extension of "D" bus route service to the area was a good idea.

Pat Carstensen, President of the Cross-County Neighborhood Association, said as more traffic chose to use alternate roadways to U.S. 15-501, it was very important for the Council to provide safe ways to reach community facilities.

Council Member Evans suggested that proposed sidewalks along both sides of NC 54 be extended to Burning Tree Drive to accommodate area pedestrian traffic. She also suggested the possibility of shifting pedestrian priorities twenty-five (Fordham Boulevard sidewalks) and twenty (Country Club Road sidewalk).

Council Member Capowski inquired about the possibility of sidewalks being installed along Willow Drive in the near future. Mr. Bonk said this was dependent upon funding availability. He stated that given the project's current priority, #19, funding was unlikely in the near future. Mr. Horton stated that if the Council wished, the project priority could be moved upward. Mayor Broun noted that the Town's proposed priorities would be reviewed by the Transportation Coordinating Committee and Transportation Advisory Committee, in coordination with priorities from other governmental units in the region. Council Member Brown noted that the priorities could also be changed by the Transportation Advisory Committee or North Carolina Department of Transportation.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO REFER COMMENTS TO STAFF FOR A FOLLOW-UP REPORT AT THE OCTOBER 24TH COUNCIL MEETING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 3 Petitions

Mayor Broun noted that the Council had received a letter from Jim Baker of Westchase Development concerning bus service to the Timberlyne area. Council Member Waldorf suggested referring the petition to the Transportation Board.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO REFER THE MATTER TO THE TRANSPORTATION BOARD AND TOWN STAFF. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Sandra Meyer said she and her neighbors were concerned about a vacant lot on Tinkerbell Road. Ms. Meyer said she hoped the Council could do something to assist neighborhood residents.

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

(9-0).

Don Griffin, a resident of Colony Woods East subdivision, said neighborhood residents were concerned about increased traffic on Ephesus Church and Pope Roads, which were being increasingly used as alternate routes to access to Interstate 40 and U.S. 15-501. Mr. Griffin requested that a traffic study be conducted to consider lowering area speed limits from 40 to 35 miles per hour.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO RECEIVE AND REFER MR. GRIFFIN'S PETITION.

Noting that she had been contacted by a number of constituents expressing concern about speeding, Council Member Waldorf suggested that Council Member Waldorf suggested that the Town could possibly apply for grants associated with speed enforcement programs.

THE MOTION TO REFER WAS ADOPTED UNANIMOUSLY (9-0).

Mayor Broun noted that the Council would hold a work session on October 11th at 5:30 p.m. at the library to discuss Town services.

Item 4 Nominations to UNC Land-Use Plan Advisory Committee

Mayor Broun noted that Council Members Evans, Pavão and Waldorf would serve as a screening committee to review applications for the proposed UNC Land Use Plan Advisory Committee. He added that the Town of Carrboro would also appoint its own committee on the matter.

Council Member Brown said she hoped it would be possible to make the committee as large as possible and to keep the application process open as long as possible. Mayor Broun said no one would be excluded from consideration by the screening committee. Council Member Protzman asked whether the screening committee would also be making recommendations about Council membership on the Committee. Mayor Broun said no, noting that all of the appointments would be made by the entire Council.

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

Item 5 Rezoning of Horace Williams Airport Property

Noting that the Town had recently received a letter from University Chancellor Hardin concerning a proposed timeframe for future development of the Horace Williams tract, Mr. Horton said staff recommended deferring rezoning of the property to a later time.

Mark Nicholas, a resident of Severin Road, stated that a recent public forum, most of the Council had agreed that existing zoning on the Horace Williams tract was not sufficiently restrictive.

Mr. Nicholas also said the University did not think the matter was important enough to file a formal protest petition. He urged the Council to protect the interests of citizens by enacting more restrictive zoning on the tract.

Bill Davis, representing the Alliance of Neighborhoods, urged the Council to adopt ordinance B, as the most prudent action the Council could take in the interest of the Town. Mr. Davis stated that although the University had the opportunity to build a few new office buildings, the University elected to buy two existing commercial buildings on Airport Road and removed these buildings from the Town's property tax rolls. He also said the University had broken its promise to cease all non-University air traffic at the Horace Williams Airport. Stating that the University would take actions in its own interest, Mr. Davis said the Town should do likewise.

Tom Gunn said he favored the Council downzoning the property to OI-2 this evening. Mr. Gunn also said he did not understand why two years, rather than twelve or eighteen months, were needed to master plan the Horace Williams tract. He suggested that the Council adopt a resolution affirming its right to use the power of zoning to maintain and promote public health and safety.

Fred Stange, a resident of Barclay Road, urged the Council to impose more restrictive zoning on the Horace Williams tract in order to protect adjoining residential properties. He stated that the University had done a good job to date of protecting the residents of Barclay Road, with the exception of the most recently developed building in the area. Mr. Stange urged the Council to make certain that sufficient buffering was provided between proposed buildings and area residences. He also expressed concern that existing drainage ditches along Barclay Road had a difficult time handling runoff from the University's buildings.

Bob Reda stated that OI-3 zoning did not provide an opportunity for public review while OI-2 did provide such an opportunity for public input. He urged the Council to support Ordinance C as a means of protecting residents of neighborhoods south of Estes Drive.

Stating that the University protected its own interests, Mr. Reda said the Council should do likewise in looking out for the interest of Town residents.

Diane Bloom said she believed the existing OI-3 zoning on the Horace Williams tract was a manifest error which merited prompt correction. She stated that almost all citizens at a recent public hearing had requested that the Council downzone the property as soon as possible. Ms. Bloom requested that the Council adopt Resolution C.

John Herrera expressed support for more restrictive zoning of the Horace Williams property. Mr. Herrera said residents relied upon the Council to protect the interests of citizens by properly zoning properties.

Council Member Brown inquired about the differences between Ordinance B and C. Mr. Waldon briefly reviewed the differences. Council Member Brown inquired about the legally binding extent of the University's pledge not to construct buildings on the Horace Williams tract for eighteen months. Mr. Karpinos stated that neither a public statement or written letter would preclude the University from changing its position at a later date. Council Member Brown said it was very important to provide as much protection as possible for residents relative to proposed development of the Horace Williams tract.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT ORDINANCE 1A.

Council Member Chilton said rezoning of the Horace Williams tract was not a matter of trust. Council Member Chilton also said he believed that the University would not build on the tract during the near term. He stated that the only uses not permitted in the OI-3 zone were landfills, mining operations and other highly-intensive land uses. Council Member Chilton noted that the development of buildings over 20,000 square feet in the OI-2 zone required special use permit review by the Town. He said that the Council's principal obligation in the matter was to protect the interest of its constituents, Town residents. Council Member Chilton urged the Council to do away with a longstanding error and outdated zoning.

Council Member Capowski showed a number of slides, including the Old Well on the University campus, area walking trails and the UNC Hospitals complex. He stated that there was no apparent coordination and a lack of vegetative buffering between buildings at the medical complex. Council Member Capowski said this type of development was completely undesirable for future development on the Horace Williams tract. Noting his desire to serve on the land-use plan advisory committee, Council Member Capowski said he hoped buildings on the tract would be of reasonable heights and density. Council Member Capowski stated that it was very important to maintain wooded buffers between the Horace Williams tract and adjoining neighborhoods. Council Member Capowski said he believed that the current OI-3 zoning south of Estes Drive should be downzoned to OI-2.

Council Member Pavão inquired how vulnerable the Council was to recourse in the event that the tract was rezoned. Mr. Karpinos said if the Council elected to defer rezoning and a development application were submitted by the University in the interim, the Council could possibly act on zoning matters at that point.

Council Member Waldorf inquired whether the University had any plans to extend Severin Street to Estes Drive. Mr. Waldon said he had not heard of plans to extend streets in the area of Estes Drive Extension. Council Member Waldorf asked whether Town consent was needed to extend the streets. Mr. Waldon said this was correct.

Council Member Waldorf inquired about proposed additions to existing buildings in the area. Mr. Waldon said a proposal to add 7,500 square feet to the existing Horney building would entail an administrative review process. He added that property owners within 500 feet would be notified of a Planning Board meeting concerning a proposed addition to a media and culture laboratory.

Council Member Waldorf inquired about buffering of the buildings. Mr. Waldon said a one hundred foot buffer was required between areas zoned OI-3 and abutting residential areas.

Mayor Broun said he did not think the primary issue was whether or not the Chancellor's letter was legally binding. He stated that since the University was a large bureaucracy, it took a long time for the institution to take any type of action. Mayor Broun suggested that the Town and University take the time needed to make sure that careful planning of the Horace Williams tract occurred.

Council Member Brown expressed concern that not moving forward with downzoning might weaken the Town's position in planning of the tract.

Noting that she had spoken in favor of cooperation with the University from the outset, Council Member Evans said no rezoning was needed prior to enactment of a master land use plan for the tract. She added that the Planning Board did not recommend rezoning of the tract. Council Member Evans stated that the University leased buildings and lands to the Town. She said it would be completely inappropriate to rezone the land at present.

Council Member Protzman thanked Mr. Gunn and other citizens for their comments. He stated that there was nothing to be gained from questioning the University's commitment not to develop the land in the near term. Council Member Protzman said downzoning the property would accomplish nothing. He suggested that the Council adopt Resolution A.

Council Member Powell said that a number of constituents had asked whether it really mattered that no development was proposed by the University on the tract for the next eighteen months.

Council Member Chilton stated that those favoring the rezoning also trusted University officials. He said OI-3 zoning was not appropriate for the site or any place in the Town, other than the existing developed central University campus.

Council Member Waldorf stated that OI-2 zoning was not the best choice either for rezoning. She suggested that the Council begin development of a new zoning category and how it would function in future years. Council Member Waldorf suggested that the Town not wait until the end of the process to act and consequently be accused of being uncooperative.

ORDINANCE 1A FAILED BY A VOTE OF 4-5, WITH COUNCIL MEMBERS BROWN, CHILTON, POWELL AND WALDORF VOTING AFFIRMATIVELY.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO REZONE A PORTION OF THE TRACT FROM OI-3 TO OI-2.

Council Member Protzman asked whether facilities on the tract would become non-conforming uses if the rezoning were adopted. Mr. Waldon said non-conformity would occur regarding setbacks and buffers.

Council Member Capowski asked whether staff could prepare appropriate rezoning ordinances for the next regular meeting. Mr. Horton said this could be done if the Council wished. Council Member Capowski withdrew his motion and suggested that the matter be carried over to the next meeting. Council Member Chilton concurred. Mayor Broun said the sense of the Council was to carry the matter over to the next meeting.

Council Member Brown said she hoped the Council could go forward in the matter in good faith. Emphasizing the importance of good information to make good decisions, Council Member Brown said she had prepared a proposed rezoning resolution with no specific timeframe.

Council Member Waldorf suggested making the second to last paragraph of the proposed resolution more specific.

Mayor Broun inquired about new motions relative to the previous motion to defer the matter to a later meeting. Mr. Karpinos said the Council could entertain a motion to defer or act on the matter. Mayor Broun stated that Council Member Brown had made a motion to defer to facilitate drafting of a new resolution.

Council Member Chilton said he did not feel prepared to make a decision on zoning procedures this evening. Mayor Broun inquired whether there were any adverse consequences in deferring the matter to October 24th. Mr. Horton said he was not aware of any such consequences.

Mayor Broun suggested that staff could possibly incorporate language from Chancellor Hardin's letter into a proposed resolution concerning deferral of the matter.

A MOTION TO DEFER THE MATTER TO THE COUNCIL'S OCTOBER 24TH MEETING WAS ADOPTED BY A VOTE OF 8-1, WITH COUNCIL MEMBER PROTZMAN VOTING NO.

Item 6 Advent Lutheran Church SUP

Mr. Waldon briefly reviewed the proposed resolution and related conditions of approval. He noted that staff continued to recommend adoption of Resolution A and construction of a bicycle lane by the applicant.

Dan Jewell, the applicant's representative, said his client accepted all of the conditions in Resolution B and C and all conditions in Resolution A, excepting the provision of a bicycle lane. He stated that a future widening of Sage Road would necessitate the removal of curb and gutter along the roadway, at an estimated cost of $80,000 to $100,000.

Mr. Karpinos inquired whether it was correct that the applicant did not accept the condition concerning provision of a bicycle lane.

Mr. Jewel said if the options were to deny or table the project, the applicant would accept the proposed condition concerning provision of a bicycle lane. Mr. Karpinos inquired whether the Council wished additional justification of the staff's recommendation for a bicycle lane.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER WALDORF, TO ADJOURN THE PUBLIC HEARING.

Council Member Brown requested a response to the dollar figures cited by Mr. Jewell. Mr. Horton said he did not disagree with the figures. He added that staff was attempting to extend bicycle lanes as much as possible in accordance with prior direction by the Council.

THE MOTION TO ADJOURN THE HEARING WAS ADOPTED UNANIMOUSLY (9-0).

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 2A.

Noting that the Planning and Transportation Boards did not recommend that the applicant provide a bicycle lane, Council Member Protzman said he thought that the applicant's comments made a lot of sense. Council Member Protzman said he preferred that the Council adopt Resolution B or C.

Council Member Brown said there appeared to be cross-purposes in the matter, involving tremendous future expenses. Mr. Horton noted that the Town would not incur any expense in the matter, with bicycle lane changes occurring as properties were developed or redeveloped.

Council Member Chilton noted that Erwin Road was not a very hospitable place for bicycle riders. He inquired whether the Planning Board had discussed the provision of bicycle lanes by the applicant. Mr. Horton said yes.

Council Member Capowski said he agreed with Council Member Chilton that the applicant should provide a bicycle lane.

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

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR ADVENT LUTHERAN CHURCH (SUP 26..19) (94-10-10/R-2a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Place of Worship proposed by Advent Lutheran Church, on property identified as Chapel Hill Township Tax Map 26, Lot 19, if developed according to the Preliminary Site Plan dated March 13, 1994 (revised April 28, 1994), and the conditions listed below:

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, 14, and 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, or be 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.

BE IT FURTHER RESOLVED that the Council hereby approves the application for Special Use Permit Advent Lutheran Church in accordance with the plans listed above and with conditions listed below:

Stipulations Specific to the Development

1. A. That construction begin by October 10, 1996 and be completed by October 10, 1999.

B. That half of a 90-foot right-of-way be dedicated along the Erwin Road frontage prior to issuance of a Zoning Compliance Permit.

C. That a concrete sidewalk from the Phase 1 parking lot to Coleridge Drive be built to Town standards with the first phase of development.

D. That the parking lots, drive aisles, and driveways be built to Town standards.

E. That the internal walkway system be built to Town standards.

F. That the location and height of the spire proposed for the Phase 2 building be in compliance with Subsection 13.9.12 exception a) of the Development Ordinance which states that "the structure must not exceed in height the horizontal distance therefrom to the nearest lot line...".

G. That if the site can be sewered via Walden at Greenfields Apartments, and if the applicant chooses this route, then the sewer line be relocated under the parking lot; and that an off-site sewer easement be obtained from the adjacent property owner prior to issuance of a Zoning Compliance Permit.

H. That a Child Day Care Center be a permitted use within this development.

I. That a three-party encroachment agreement between the property owner, OWASA, and NCDOT be obtained for work within the right-of-way prior to issuance of a Zoning Compliance Permit.

2. Required Improvements:

A. That Erwin Road be improved to half of a 51-foot cross-section including bike lane, curb and gutter, and sidewalk.

B. That bike rack(s) be provided near the entrance(s) of the buildings.

C. That a triple hydrant be provided near the driveway entrance at Erwin Road, the location of which shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

Stipulations Related to State and Federal Government Approvals

3. 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.

4. 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

5. Landscape Plan Approval for Special Use Permit Applications: That a detailed landscape plan and landscape maintenance schedule be approved by the Appearance Commission and by the Town Manager prior to the issuance of a Zoning Compliance Permit. The landscape plan shall meet or exceed the following minimum landscape buffer requirements:

- Erwin Road frontage: Type D buffer (minimum 30 feet wide);

- Northeast, south, and southwest property lines: Type C buffer (minimum 20 feet wide).

If the applicant proposes alternate buffers along any portion of the above property lines, then the applicant shall submit the alternate buffer plans to the Appearance Commission for review and approval prior to issuance of a Zoning Compliance Permit.

Stipulation Related to Building Elevations

6. Building Elevation Approval for Special Use Permit Applications: That detailed building elevations be approved by the Appearance Commission prior to issuance of the Zoning Compliance Permit.

Stipulations Related to Water, Sewer and Other Utilities

7. Fire Flow: That a fire flow report prepared and sealed by a registered professional engineer, showing that flows meet the minimum requirements of the Design Manual, be submitted to the Town Manager for review and approval prior to issuance of a Zoning Compliance Permit.

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

Miscellaneous Stipulations

9. Refuse Collection: That the owner/occupant of the building shall open the dumpster gates on collection days and that retaining latches will be installed to maintain the gates in the open position during servicing.

10. 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.

11. Stormwater Management Plan: That a stormwater management plan using the Town's Hydros model be submitted to the Town Manager for review and approval prior to issuance of a Zoning Compliance Permit.

12. Detailed Plans: That final detailed site plans, grading plans, utility/lighting plans, stormwater management plans (with hydrologic calculations), and landscape plans and landscape maintenance plans be approved by the Town Manager prior to issuance of a 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.

13. Certificates of Occupancy: That no Certificates of Occupancy be issued until all required public improvements are completed; and that a note to this effect shall be placed on the final plat.

If the Town Manager approves a phasing plan, no Certificates of Occupancy shall be issued for a phase until all required public improvements for that phase are complete; no Building Permits for any phase shall be issued until all public improvements required in previous phases are completed to a point adjacent to the new phase; and that a note to this effect shall be placed on the final plat.

14. Sight Triangle Easements: That sight triangle easements be provided on the final plat for the driveway entrance at Erwin Road.

15. Erosion Control: That a detailed soil erosion and sedimentation control plan shall be reviewed for approval by the Orange County Erosion Control Officer prior to issuance of a Zoning Compliance Permit

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

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

18. 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 a Special Use Permit for Advent Lutheran Church in accordance with the plans and conditions listed above.

This the 10th day of October, 1994.

Item 7a Chapel Hill Day Care Request for Expedited Review

Mr. Waldon presented an overview of the proposal stating that the objective of helping the organization to construct a day care facility was a good idea for the community. He said staff recommended adoption of Resolution A.

Marsha Lawrence, Chairman of the Board of the Chapel Hill Day Care Center, said the Center was thrilled to use the library building on a temporary basis. She stated that the Day Care Center was requesting expedited review due to financial and operating considerations.

COUNCIL MEMBER POWELL MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 3A.

Council Member Protzman said although he was a strong advocate of this request, he suggested that the Council have a general discussion in the future about requests for expedited development review.

RESOLUTION 3A WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION DIRECTING EXPEDITED PROCESSING IN THE REVIEW OF THE APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR THE PROPOSED CHAPEL HILL DAY CARE CENTER AT THE SOUTHERN VILLAGE SITE (94-10-10/R-3a)

WHEREAS, the Town of Chapel Hill has received a request for expedited review of the application for a Special Use Permit Modification for the proposed Chapel Hill Day Care Center at the Southern Village Site; and

WHEREAS, the Chapel Hill Day Care Center would like to be able to use their proposed new building by September, 1995, in order to be in space that is designed for day care and to accommodate more children;

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 modification application of the Chapel Hill Day Care Center for the proposed new Center at the Southern Village Site in a manner that will speed review without sacrificing breadth or depth of analysis.

This the 10th day of October, 1994.

Item 7b Orange County Mental Health Association Expedited Review

Noting that the applicant had made three requests, Mr. Waldon said staff suggested that the applicant be more specific about the need for financial assistance. He also noted that the applicant had submitted requests concerning parking provisions for elderly and handicapped persons and a request for expedited processing. Mr. Waldon said staff recommended granting the applicant's request for expedited review.

Tim Williams emphasized the need for affordable housing in the community for mental health clients. He requested that the Council take the necessary steps to expedite the agency's development review request.

Estelle Mabry, representing the Northside neighborhood, expressed concern that although the Orange-Person-Chatham Mental Health Center had known of the need for the current development application for about eighteen months, this had not been communicated to residents of the Northside neighborhood. Ms. Mabry said Northside and OPC representatives had met on October 9th to discuss the proposed project. She inquired why OPC had not contacted her neighborhood association earlier in the review process. She stated that if the proposed housing were specifically for mentally ill persons, the neighborhood requested that the apartments be supervised around the clock.

Cliff Sanford, President of the Board of the Orange County Mental Health Association, said his organization had worked closely with the Mental Health Association of North Carolina to put to rest concerns about expediting the matter. He also said the Planning Board and staff had been helpful in proceeding with the request for expedited review of the application.

Lightning Brown, 749 Clark Road, said he supported the proposed project and believed it was within guidelines for expedited processing. He stated that neighborhood residents had met with Mr. Sanford yesterday and were disappointed by the lack of details concerning the proposed project. Noting the proposed mental health and Columbia Place projects on Clark Road, he also urged the Council to dedicate funds for the construction of sidewalks along Clark Road.

Council Member Brown inquired whether it was possible to modify the proposed resolution to request that the applicant work with neighborhood residents. Mr. Horton said this could certainly be added to the resolution or the Council could express its wishes for this to occur.

Council Member Chilton stated that as a member of the Northside Neighborhood Association, he felt it would have been preferable for the applicant to have met with neighborhood residents earlier in the review process. Council Member Chilton also said he believed that no other neighborhood in the Town would have responded to the Mental Health Association's request with the same level of maturity and compassion.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT RESOLUTION 4 AND TO ENCOURAGE OPC, THE ORANGE COUNTY MENTAL HEALTH ASSOCIATION AND THE NORTHSIDE NEIGHBORHOOD ASSOCIATION TO WORK TOGETHER.

Council Member Capowski asked whether one parking space per two units was realistic or whether this would encourage off-site parking. Mr. Waldon said this matter would be examined during staff review of the proposal.

THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION REGARDING THE COMMUNITY APARTMENTS CORPORATION OF ORANGE COUNTY PROPOSAL TO DEVELOP PROPERTY LOCATED ON CLARK ROAD (94-10-10/R-4)

WHEREAS, the Town of Chapel Hill has received a request from the Mental Health Association in North Carolina and the Community Apartments Corporation of Orange County for:

1. Expedited processing of applications for development on Clark Road of 14 apartments for persons disabled by mental illness;

2. Designation of handicapped status, in accordance with Development Ordinance provisions for parking; and

3. Consideration of available financial resources, through Community Development Block Grant, HOME or other resources, to assist with the development, and

WHEREAS, it is necessary to expedite review in order for the proposed development to proceed in a manner that will retain the HUD Section 811 Fund Reservation; and

WHEREAS, the Council has considered the request for Handicapped Status in accordance with Section 14.6.7 of the Chapel Hill Development Ordinance;

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 development applications for the low-income apartments for persons disabled by mental illness proposed on Clark Road in a manner that will speed review without sacrificing breadth or depth of analysis.

BE IT RESOLVED that the Council of the Town of Chapel Hill finds that reasonable assurances exist that the proposed dwelling units will be maintained for occupancy by the elderly or handicapped and therefore the minimum number of parking spaces required may be reduced to one per two dwelling units subject to inclusion by the Chapel Hill Planning Board of the following condition, upon approval of the applications:

That sufficient parking be provided on the site, should the units be converted to another form of occupancy other than elderly or handicapped persons, in a manner that does not violate the land use intensity requirements of Article 13 of the Chapel Hill Development Ordinance.

BE IT FURTHER RESOLVED by the Council of the Town of Chapel Hill that the Council requests Community Apartments Corporation of Orange County to submit a more specific budget request and upon submission, requests the Manager to prepare a report on funding options for the Council's consideration by December 5, 1994.

This the 10th day of October, 1994.

Council Member Chilton requested additional information concerning the proposal to increase the number of lots in the Columbia Place subdivision. Mr. Horton said there had been no change in the number of lots approved by the Council. He stated that the applicant was proposing duplex lots rather than single lots as originally proposed. Mr. Waldon said staff could provide additional information to the Council. Mr. Horton noted that if the Council wished, the staff could prepare an ordinance not allowing this type of change in the future. Council Member Chilton said he was very surprised that a major change of this type could occur administratively. Council Member Chilton requested a follow-up staff report on proposed changes in the nature and type of sidewalk and the eventual alignment of North Columbia Street and Clark Road to the proposed Columbia Place subdivision. Mr. Horton said staff would present a full report to the Council.

Council Member Powell said she was very disappointed that the applicant had found it necessary to request an expedited review when the grant had been available for about two years.

Item 8 Items by Council Members

Council Member Waldorf reported on the status of the OWASA Cane Creek Watershed Committee. She noted that the OWASA Board would take up the matter at its October 13th meeting. She inquired whether any Council Members had objections to the proposed objectives. Mayor Broun asked Council Member Waldorf whether she was satisfied with the proposed scope of work. Council Member Waldorf said yes. Council Member Protzman inquired about the extent to which the study was tied to the American Stone Quarry proposal. Council Member Waldorf noted that the quarry was located in the University Lake watershed.

Council Member Evans asked Shelly Green to make comments on the downtown trolley marketing plan. She stated that a survey of forty-four cities with trolleys had found that typical riders were tourists seeking basic transportation. Ms. Green said efforts would be focused upon encouraging a greater number of riders per hour, with possible elimination of midday service during winter months. She also noted that the plan recommended the elimination of non-productive routes.

Mayor Broun asked whether any formal action by the Council was needed this evening. Council Member Evans said no. Council Member Capowski inquired about the true cost per trolley ride. Mr. Godding said this figure would likely be similar to the true bus cost ride of $1.49 per rider. Council Member Capowski inquired about the amount of revenue generated from trolley rentals. Mr. Godding said revenues from trolley rentals help to offset operating costs.

Council Member Protzman urged the Council to take care in shortening service hours in order to reduce costs. He noted that most marketing plans contained projected budgets. Ms. Green said this was being developed, with most funds coming from the Downtown Commission.

Mr. Horton said the marketing plan was far better than anything the Town could have generated with its limited marketing resources. He also said staff would appreciate the opportunity to follow up with a resolution concerning the plan at the October 24th Council meeting.

Council Member Waldorf asked whether conclusive results concerning trolley ridership would be available by late spring to assist with the budget decision-making process. Ms. Green said it was unlikely that results would be available before April 1st. Mayor Broun suggested the possibility of providing a trolley route along Franklin Street during evening hours.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO REFER THE MATTER TO STAFF AND BRING IT BACK AT THE OCTOBER 24TH MEETING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 9 Consent Agenda

Mayor Broun requested removal of item j. Council Member Protzman requested removal of items c and f.

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO ADOPT THE CONSENT AGENDA, EXCEPTING ITEMS C, F AND J. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES (94-10-10/R-6)

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 September 12.

b. Comments on Draft public input/review policy and process for regional transportation planning (R-7).

c. Adjustments to Housing Loan Trust Fund and funding request by Orange County Habitat for Humanity (R-8 & 9, O-1.1).

d. Authorizing notice of proposed lease of old library building to the Chapel Hill Day Care Center (R-10).

e. Establishing (market value) just compensation for acquisition of houses at 108 and 110 Johnson Street (R-11).

f. Parking restrictions on Banks and Westminster Drives (O-2).

g. Assessment resolution for paving Ward Street

(R-12).

h. Assessment resolution for storm drainage improvements at Burning Tree Drive near NC 54

(R-13).

i. Extending period for Manager's report on development review (to November 28) (R-14).

j. Public housing management assessment (with follow-up to citizen's concerns) (R-15).

A RESOLUTION RECOMMENDING THAT THE DURHAM-CHAPEL HILL-CARRBORO URBAN AREA TRANSPORTATION ADVISORY COMMITTEE ADOPT THE PROPOSED REGIONAL TRANSPORTATION PLAN: PUBLIC INPUT/REVIEW POLICY AND PROCESS WITH CHANGES (94-10-10/R-7)

WHEREAS, the Durham-Chapel Hill-Carrboro Urban Area has begun work on a Regional Transportation Plan; and

WHEREAS, public participation in the development of this Plan is a critical consideration; and

WHEREAS, the Urban Area has developed a proposed Public Review/Input Process and requested comment from local governments within the Urban Area; and

WHEREAS, the Council has reviewed the proposed Public Review/Input Process;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Durham-Chapel Hill-Carrboro Transportation Advisory Committee should adopt the proposed Public Review/Input Process with the following changes to the Public Review/Input Policy section:

* That the policy outlining the process for notifying the public at various stages of the workplan include a provision that Cablevision broadcast the Public Service Announcements to Chapel Hill subscribers and that the Chapel Hill Newspaper be included in the list of newspapers intended to be used to provide notification to the public.

* That the proposed period for public review be extended to allow a 60 day comment period.

* That public meetings designed to solicit public comment be held at various locations around the Urban Area to encourage the greatest possible participation.

This the 10th day of October, 1994.

A RESOLUTION AUTHORIZING THE MANAGER TO EXECUTE A LEASE WITH THE CHAPEL HILL CAY CARE CENTER FOR USE OF THE MAIN FLOOR OF THE OLD LIBRARY BUILDING (94-10-10/R-10)

WHEREAS, the Chapel Hill Library has vacated the Town-owned building at 159 East Franklin Street; and

WHEREAS, the Council has advertised for proposals of ways to reuse the building; and

WHEREAS, the Council has decided that the temporary use by the Chapel Hill Day Care Center until the Center's new building is completed is appropriate,

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Manager is authorized to advertise the Town's intent to consider executing a lease with the Chapel Hill Day Care Center for use of the main floor of the old library building, such lease to be substantially the same as that presented at the October 10 Council meeting.

This the 10th day of October, 1994.

A RESOLUTION ESTABLISHING JUST COMPENSATION FOR ACQUISITION OF 108 AND 110 JOHNSON STREET (94-10-10/R-11)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it has been determined on the basis of an appraisal by Ms. Pam Davis, Appraiser and a review appraisal by Mr. Lee Butzin, Appraiser, that the just compensation of the property to be acquired for Community Development program purposes is as follows.

Interest to Be Fair Market

Parcel No Owner Be Acquired Value

7.91.A.36 Emerson Atwater House and Lot $48,000

7.91.A.37 Emerson Atwater House and Lot $48,000

BE IT FURTHER RESOLVED that the Council hereby certifies that to the best of its knowledge, the work of the appraiser, Ms. Pam Davis, and the review appraiser, Mr. Lee Butzin, has been performed in a competent manner in accord with applicable State and federal law and the policies and requirements of the U.S. Department of Housing and Urban Development; and authorizes the Manager to acquire the property for an amount not to exceed the fair market value as determined by the appraisal of Ms. Pam Davis.

This the 10th day of October, 1994.

A RESOLUTION ADOPTING AN ASSESSMENT RESOLUTION FOR PAVING OF WARD STREET (94-10-10/R-12)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby directs the Town Manager to undertake the paving of Ward Street with related improvements as described in the preliminary resolution adopted by the Council on August 22, 1994.

BE IT FURTHER RESOLVED by the Council that pursuant to Article 10 of Chapter 160A of the North Carolina General Statutes:

1. Special assessments shall be levied, after completion and determination of actual final costs of the improvements, on the basis of frontage abutting the project, at an equal rate per foot of frontage.

2. Fifty percent of actual final costs of the of the project, including those of construction (excluding intersections), legal services, interest charges, right-of-way acquisition, and publication expenses, shall be assessed to the owners of property abutting the project.

3. An owner of property abutting the project may pay an assessment (a) in one cash payment for the entire amount of the assessment, without interest, within 30 days after publication of a notice of confirmation of the assessment roll, or (b) in not more than 10 annual installments, with interest at an annual rate of 6%, the first of which shall be due and payable concurrently with property taxes, and subsequent annual installments shall be due and payable on the same date in each successive year until the assessment is paid in full.

This the 10th day of October, 1994.

A RESOLUTION ADOPTING AN ASSESSMENT RESOLUTION FOR STORMDRAINAGE IMPROVEMENTS AT BURNING TREE DRIVE NEAR N.C. 54 (94-10-10/R-13)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby directs the Town Manager to undertake stormdrainage improvements at Burning Tree Drive near N.C. 54 with associated improvements as described in the preliminary resolution adopted by the Council on August 22, 1994.

BE IT FURTHER RESOLVED by the Council that pursuant to Article 10 of Chapter 160A of the North Carolina General Statutes:

1. Special assessments shall be levied, after completion and determination of actual final costs of the improvements, on the owners of units in the Oaks Condominiums on a pro-rata condominium unit basis.

2. One hundred percent of actual final costs of the project, including design, construction, legal services, interest charges, right-of-way acquisition, and publication expenses, shall be assessed to owners in the Oaks Condominiums.

3. Owners of the Oaks Condominium units may pay an assessment (a) in one cash payment for the entire amount of the assessment, without interest, within 30 days after publication of a notice of confirmation of the assessment roll, or (b) in not more than 10 annual installments, with interest at an annual rate of 6%, the first of which shall be due and payable concurrently with property taxes, and subsequent annual installments shall be due and payable on the same date in each successive year until the assessment is paid in full.

This the 10th day of October, 1994.

A RESOLUTION REGARDING CONSIDERATION OF DEVELOPMENT REVIEW PROCEDURES (94-10-10/R-14)

WHEREAS, the Council of the Town of Chapel Hill held a Community Meeting on September 21, 1994 to encourage further discussion of proposed changes to the Chapel Hill development review process; and

WHEREAS, the Council was advised by the Town Manager that a report would be presented to the Council on October 24, 1994 which summarized the ideas from the Community Meeting and offered suggestions for next steps in the process; and

WHEREAS, the Town Manager has requested that additional time is needed to provide opportunity for further discussion;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is directed to prepare a report for November 28, 1994 which summarizes the ideas presented at the Community Meeting and offers staff comments and procedural recommendations.

This the 10th day of October, 1994.

Council Member Protzman said it felt like the program was shifting from loans to grants. Mr. Horton said this was correct. He also said it would be necessary to seek other sources of funds if this item were not approved.

COUNCIL MEMBER PROTZMAN MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT RESOLUTION 8. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION AMENDING THE REGULATIONS OF THE HOUSING LOAN TRUST FUND AND INCREASING THE AMOUNT OF A HOUSING LOAN TRUST FUND SECOND MORTGAGE (94-10-10/R-8)

WHEREAS, the current regulations of the Housing Loan Trust Fund adopted by the Council on June 23, 1986 (R-86-6-23/R-2b) do not allow a construction grant; and

WHEREAS, the current Housing Loan Trust Fund regulations allow a maximum of $20,000 for a second mortgage; and

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council amends Section 4.d. of the Housing Loan Trust Fund regulations to read as follows:

For the payment of all expenses including labor, materials, licenses, permits, etc. during the construction process of residences being constructed for sale to qualified households, provided, however, that all such funds so advanced shall be repaid in full upon the transfer of title to qualified individual or individuals, and the closing of the permanent financing loan on said property. However, the Town Council may elect to allow some or all of such construction loans related to site improvements to be a grant to the project only where necessary for project feasibility, if it makes the following findings: 1) that the project serves low-income households making less than 60% of the area median income; 2) the grant funds would serve to reduce the housing costs of the beneficiaries; and 3) difficult topography or other environmental site conditions exist which raise the cost of development and which would reduce the affordability of the project for low-income households.

BE IT FURTHER RESOLVED by the Council of the Town of Chapel Hill that the Council amends Section 5.c. of the Housing Loan Trust Fund to read as follows:

The maximum deferred payment loan to supplement a first mortgage loan shall not exceed $30,000.

This the 10th day of October, 1994.

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

A RESOLUTION COMMITTING FUNDS TO HABITAT FOR HUMANITY FOR THE CULBRETH PARK HOUSING PROGRAM (94-10-10/R-9)

WHEREAS, the Town Council has made commitments to the promotion of low- and moderate-income housing opportunities, in the form of statements in its Comprehensive Plan, and its allocation of General Funds revenues to low-income housing initiatives; and

WHEREAS, the Town has received a request from Habitat for Humanity, Orange County requesting funding support to enable Habitat to develop two homes for low-income homeownership;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council commits $22,000 of the Housing Loan Trust Fund to be used for second mortgages ($10,000) and site improvements ($12,000) in the Culbreth Park Subdivision, to be used and administered according to terms to be set out in a contract between the Town of Chapel Hill and Habitat for Humanity.

BE IT FURTHER RESOLVED by the Council of the Town of Chapel Hill that the Council makes a construction grant to Habitat for Humanity for the $12,000 in site improvements, based on the following findings:

1) the project serves low-income households making less than 60% of the area median income;

2) the grant funds would serve the reduce the housing costs of the beneficiaries; and

3) difficult topography raises the cost of development and reduces the affordability of the project for low-income households.

BE IT FURTHER RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to execute an amended contract between the Town of Chapel Hill and Habitat for Humanity to incorporate this allocation of funds.

This the 10th day of October, 1994.

COUNCIL MEMBER PROTZMAN MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT ORDINANCE 1.1. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

AN ORDINANCE TO AMEND "THE ORDINANCE CONCERNING APPROPRIATIONS AN THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1994" (94-10-10/O-1.1)

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, 1994" as duly adopted on June 6, 1994 be and the same is hereby amended as follows:

ARTICLE I

Current Revised

APPROPRIATIONS Budget Increase Decrease Budget

Housing Loan Trust Fund $122,500 $22,000 $144,500

ARTICLE II

REVENUES

Housing Loan Trust Fund

Fund Balance $ 66,500 $22,000 $ 88,500

This the 10th day of October, 1994.

Council Member Capowski inquired how the parking problems at the Movies at Timberlyne area had evolved. Mr. Horton noted that the Council had some preliminary discussions about the potential for parking problems during consideration of the special use permit for the project. Mayor Broun noted that the Council had received a letter from Jim Baker of Westchase Development expressing concern about the proposed parking restrictions. Mr. Small said there was plenty of room in the Timberlyne Shopping Center for movie patrons, rather than parking on Westminster or Banks Drives. Council Member Protzman said he thought the staff's recommendation was a good one.

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

AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES

(94-10-10/O-2)

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

SECTION I

That section 21-27 "No Parking as to particular streets" is amended by inserting the following therein, in appropriate alphabetical order.

STREET SIDE FROM TO

Banks Drive Both Westminster Drive Weaver Dairy Road

Westminster Drive North Banks Drive Airport Road

Westminster Drive North The center of A point 90 feet

Banks Drive east of the

center of

Banks Drive

Westminster Drive South The center of A point 90 feet

Banks Drive west of the

center of

Banks Drive

Westminster Drive South The center of A point 310 feet

Banks Drive east of the

center of

Banks Drive

Westminster Drive South The center of A point 150 feet

Airport Road east of the

center of

Airport Road

SECTION II

This ordinance shall become effective on November 1, 1994.

SECTION III

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

This the 10th day of October, 1994.

Mr. Horton said staff had attempted to address all of the concerns raised by several public housing residents about certification of the Town's housing program. Maxecine Mitchell said she was not satisfied with some of the answers offered by Town staff in response to earlier concerns. Ms. Mitchell stated that residents had requested information concerning staffing of the department. Ms. Mitchell also said some residents felt that decent and safe conditions were not being offered in some public housing residences. She requested that the Council carefully reexamine the concerns of public housing residents. Mayor Broun said he thought a meeting had been held and that matters were resolved. Mr. Horton said staff would be happy to examine and respond to the concerns raised this evening.

Ms. Mitchell said residents wanted to receive information from staff members, rather than reading about it in newsletters or on bulletin boards. Mayor Broun assured Ms. Mitchell that the Council was very concerned about the quality of the Town's public housing, the concerns of public housing residents and the filing of reports. He noted that there appeared to have been some breakdown in communication. Mr. Horton said staff would return with a report to the Council when the concerns of residents had been addressed.

Council Member Chilton suggested that the Housing and Community Development Board examine the concerns. Ms. Mitchell suggested that staff set certain standards for improving conditions in public housing.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER WALDORF, TO REFER THE MATTER TO THE MANAGER AND HOUSING AND COMMUNITY DEVELOPMENT ADVISORY BOARD. THE MOTION WAS ADOPTED UNANIMOUSLY

(9-0).

Item 9 Information Reports

Council Member Chilton inquired about the number of members currently on the Bicycle Advisory Committee. Mr. Horton said staff could report back on this item.

Town Attorney Karpinos noted that as of October 1st, a new State-mandated procedure was in place for calling Closed Sessions. He stated that no such session was necessary this evening.

The meeting concluded at 11:04 p.m.