MINUTES OF A REGULAR MEETING OF THE CHAPEL HILL TOWN COUNCIL

MONDAY, JANUARY 23, 1995 AT 7:00 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, Town Attorney Ralph Karpinos, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Assistant to the Manager Greg Feller, Housing Director Tina Vaughn, Parks and Recreation Director Mike Loveman, Inspections Director John Davis, Personnel Director Pat Thomas, Public Works Director Bruce Heflin, and Planning Director Roger Waldon.

A previously scheduled presentation by the Pine Knolls Neighborhood Association was deferred to the February 13th Council meeting.

Item 2 Petitions

Robert Humphreys, representing the Chapel Hill-Carrboro Downtown Commission, briefly described the proposal for Arts Downtown 1995, the annual celebration of the arts held each spring. He stated that the first event of this series was scheduled for Saturday, April 8th. Mr. Humphreys said that local school students would be invited to display their art work and several schools would have booths set up in the parking deck plaza for hands-on activities. He said that if approved, the urban wall would be painted at this time. Mr. Humphreys also stated that the Downtown Commission proposed that Michael Brown, a local artist, and area students paint the light wells inside the parking deck with a scene covering all three levels.

Mr. Humphreys stated that his reason for petitioning the Council this evening was to ask permission to paint the mural on Town property. Mr. Humphreys said the project's estimated cost was $8,000. He stated that Glaxo had agreed to fund $3,000 of this cost. Mr. Humphreys requested that the Town fund the balance.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO REFER THE MATTER TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Scott Clement, Co-Director of the Kenan-Flager Charity Biathlon, petitioned the Council to approve the temporary closure of East Franklin Street and a portion of Columbia Street from 8:00 a.m. to 10:00 a.m. on Saturday, April 22nd for their annual charity biathlon. Mr. Clement stated that police officials had advised the event's organizers to close some streets for the safety of the event's participants.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO REFER THIS PETITION TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Council Member Pavão stated that he had received a letter from a Colony Woods resident noting that trash pick-up was delayed due to the recent holidays, which appeared to fall on Mondays with the greatest frequency. He requested that staff study this problem to see whether Monday refuse collection service could be rescheduled when interrupted by holidays.

Items 3.1 & 3.2 Consent Agenda and Information Reports

Council Member Protzman requested that item 3.1.d be removed for discussion later in the meeting.

COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT THE CONSENT AGENDA, EXCLUDING ITEM D. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES

(95-1-23/R-1)

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. Setting fair market value for two properties on Lincoln Lane to be purchased for the Knolls Homeownership Program (R-2).

b. Changing the starting time of the February 6th Town Council meeting from 7:00 p.m. to 6:30 p.m. (R-3). Mayor pro tem Brown and Council Members Pavão and Protzman.

c. Participation by the Town of Carrboro in the Town's discussions of sustainable growth (R-4). Mayor pro tem Brown and Council Members Pavão and Protzman.

d. Authorizing performance agreement with the Public Housing Residents Council (R-5).

e. Changes to the Town's Personnel Ordinance (O-1).

f. Scheduling a work session with the Chapel Hill-Carrboro Board of Education at 5:30 p.m. on February 15th regarding development and development review (R-6). Mayor Broun.

g. Budget amendment for purchase of Town flags, banners and coffee cups for sale to citizens and for presentation to Board and Commission members (O-2).

h. Construction change order for U.S. 15-501 south park and ride lot (R-6.1).

This the 23rd of January, 1995.

A RESOLUTION ESTABLISHING JUST COMPENSATION FOR ACQUISITION OF 103 AND 104 JOHNSON STREET (95-1-23/R-2)

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

Interest to Be Fair Market

Parcel Number Owner Acquired Value

7.91.I.9 Joseph Burchette House and Lot $25,000

7.91.A.34 William Smith House and Lot $28,000

BE IT FURTHER RESOLVED that the Council hereby certifies that to the best of its knowledge, the work of the appraiser, Mr. Sledd Thomas and Mr. Lee Butzin, and the review appraiser, Mr. Shannon Julian, has been performed in a competent manner in accord with the 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 Mr. Sledd Thomas and Mr. Lee Butzin.

This the 23rd day of January, 1995.

A RESOLUTION TO SCHEDULE THE START OF THE TOWN COUNCIL'S FEBRUARY 6, 1995, MEETING AT 6:30 PM (95-1-23/R-3)

BE IT RESOLVED by the Town Council of Chapel Hill that the Council will begin its meeting of February 6, 1995, at 6:30 pm to receive a presentation on a study of sustainable growth principles. The Council's public hearing on possible changes in floodplain regulations will begin at 7 pm as previously scheduled.

This the 23rd day of January, 1995.

A RESOLUTION INVITING THE TOWN OF CARRBORO BOARD OF ALDERMEN TO DESIGNATE A REPRESENTATIVE TO ATTEND THE TOWN OF CHAPEL HILL'S DISCUSSIONS OF SUSTAINABLE GROWTH (95-1-23/R-4)

BE IT RESOLVED by the Town Council of Chapel Hill that the Council hereby invites the Carrboro Board of Aldermen to designate a representative to attend discussions by the Town of Chapel Hill regarding sustainable growth, including specifically the meetings of the Council's committee on sustainability.

BE IT FURTHER RESOLVED that if desired by the Town of Carrboro, the Town of Chapel Hill materials to be prepared from time to time regarding sustainable growth will be shared with the Town of Carrboro.

This the 23rd day of January, 1995.

A RESOLUTION TO SCHEDULE A WORK SESSION WITH THE BOARD OF EDUCATION OF THE CHAPEL HILL-CARRBORO CITY SCHOOLS (95-1-23/R-6)

BE IT RESOLVED by the Town Council of Chapel Hill that the Council hereby concurs with the proposal to hold a joint work session with the Board of Education for the Chapel Hill-Carrboro City Schools at 5:30 pm on Wednesday, February 15, 1995, in the Lincoln Center on Merritt Mill Road.

This the 23rd day of January, 1995.

AN ORDINANCE TO AMEND "THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1994 (95-1-23/O-2)

BE IT ORDAINED by the Town 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

Budget Increase Decrease Budget

APPROPRIATIONS

GENERAL FUND

Non-Departmental

Contingency 47,500 (5,700) 41,840

Town Manager

Administration 532,663 5,700 538,363

This the 23rd day of January, 1995.

A RESOLUTION AUTHORIZING THE MANAGER TO EXECUTE A $49,977.90 CHANGE ORDER TO THE TEER COMPANY FOR THE NEW 15‑501 SOUTH PARK/RIDE LOT CONSTRUCTION PROJECT (95‑1‑23/R-6.1)

WHEREAS, a resolution adopted in November, 1992, authorizes the Manager to execute changes orders "which do not cumulatively exceed the bid originally approved by Council by more than 10% of the original contract amount or $50,000, whichever is less, provided that there is an appropriation sufficient for the contract amendment."; and

WHEREAS, the Council in June, 1994, authorized the execution of a $591,033 contract with The Teer Company for construction of the 15‑501 South Park/Ride Lot; and

WHEREAS, there is justification for the purchase of lighting as opposed to rental from Duke Power for the life of the park/ride facility; and

WHEREAS, the $49,977.90 needed is less than 10%, however, cumulatively, both change orders exceed that percentage, making Council approval necessary;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to execute an additional change order to The Teer Company in the amount of $49,977.90 for the purchase and installation of lighting at the 15‑501 South Park/Ride Lot.

This the 23rd day of January, 1995.

Council Member Capowski requested that item 3.2.b be removed from the Information Reports section for discussion later in the meeting.

Item 4 Proposed Bolin Creek Greenway and Bicycle Trail

Mr. Horton presented a brief overview of the proposed greenway and bicycle trail.

Planning Director Roger Waldon, speaking as the project's regulator, briefly summarized the project's regulatory history to date. He stated that staff continued to recommend approval of the Special Use Permit.

Assistant Town Manager Sonna Loewenthal, speaking as the applicant, stated that this item had been discussed at the Council's November 14th meeting. Ms. Loewenthal said staff believed that the project's cost estimates were as accurate as possible. She also said staff recommended the Town supplement a grant from the State with funds remaining from the 1989 open space bond sale.

Leslie Hill spoke on landscaping and fencing proposals. She stated that no amount of fencing or landscaping would replace natural areas lost from constructing the proposed trail. Ms. Hill requested that the Council be sensitive to homeowners' rights to privacy.

Mayor Brown said his understanding of Resolution A was that landscaping would be provided along the trail. He asked whether this was correct. Mr. Horton said this was correct.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER WALDORF, TO CLOSE THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER WALDORF, TO ADOPT RESOLUTION 7A. THE MOTION WAS ADOPTED UNANIMOUSLY

(9-0).

A RESOLUTION APPROVING A SPECIAL USE PERMIT FOR THE SECOND PHASE OF THE BOLIN CREEK GREENWAY (SUP 77..25) (95-1-23/R-7a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Bolin Creek Greenway Phase Two proposed by the Town of Chapel Hill on property located along Bolin Creek between the terminus of the first phase of the Bolin Creek Greenway and the Estes Drive Community Center, if developed according to the site plan dated April 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, and 14, 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.

These findings are conditioned on the following:

Stipulations Specific to the Development

1. A. That construction begin by January 23, 1997 (two years from the date of approval) and be completed by January 23, 1998 (three years from the date of approval).

B. That lights be installed under the Franklin Street bridge if the North Carolina Department of Transportation will grant approval for said lights.

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

A. That a staircase be provided in the vicinity of the Sunrise Biscuit property from the Franklin Street bridge level to the greenway trail level if possible. If the North Carolina Department of Transportation will grant approval for said staircase, the detailed plans for the staircase shall be submitted for review and approval by the Town Manager prior to issuance of a Zoning Compliance Permit.

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 and Buffer Plans: That the "Landscape Plan" dated January 5, 1995 for the Village Green condominiums property, containing two (2) sheets and an attached addendum revised January 13, 1995, be implemented as part of the project, except that item #11 of the attached addendum shall not be required.

The Town shall budget $2,000 for additional landscaping on the Village Green condominium property. Prior to acceptance of the project from the contractor, the Town Manager will consult with the Village Green Board of Directors and a landscape architect. The Town Manager will determine if additional plants are needed to adequately screen the Village Green residences and common areas from the trail. If additional plants are required, the Town Manager will consult with the Village Green Board of Directors and a landscape architect to determine the species and locations of additional plantings.

That a detailed landscape plan for all portions of the project, except the Village Green condominiums property, and signage plan be approved by the Appearance Commission prior to the issuance of a Zoning Compliance Permit. The landscape plan shall meet the requirements of Section 14.6. of the Development Ordinance regarding shading of paved areas by vegetation and screening of parking areas from streets and adjacent residential areas.

Stipulations related to Water, Sewer and other Utilities

9. Utility/Lighting Plan Approval: That the final utility/lighting plan be approved by the Orange Water and Sewer Authority, Duke Power, and the Town Manager prior to issuance of a Zoning Compliance Permit. The property owner shall be responsible for assuring these utilities are extended to serve the development.

Miscellaneous Stipulations

10. Solid Waste Management Plan: That a detailed solid waste management plan, including a recycling plan and plan for management of construction and demolition debris, be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

11. Detailed Plans: That final detailed site plans, grading plans, utility/lighting plans, stormwater management plans (with hydrologic calculations), and landscape and landscape maintenance plans be approved by the Town Manager before issuance of Zoning Compliance Permit, 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.

12. 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.

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

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

15. 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 Bolin Creek Greenway Phase Two Special Use Permit in accordance with the plans and conditions listed above.

This the 23rd day of January, 1995.

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

A RESOLUTION AUTHORIZING THE MANAGER TO PROCEED WITH THE DEVELOPMENT OF CONSTRUCTION DOCUMENTS AND A BIDDING PROCESS FOR PHASE II OF THE BOLIN CREEK GREENWAY TRAIL (95-1-23/R-8)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it authorizes the Manager to proceed with development of construction documents, to apply for all needed permits, and to seek bids for construction of Phase II of the Bolin Creek Greenway Trail.

This the 23rd day of January, 1995.

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

AN ORDINANCE TO AMEND THE CAPITAL PROJECT ORDINANCE FOR PARKS AND RECREATION FACILITIES (95-1-23/O-3)

BE IT ORDAINED by the Council of the Town of Chapel Hill that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, that the capital project ordinance established for Parks and Recreation Facilities in 1986 and amended in 1989 is hereby amended as follows:

SECTION I

The capital project, as authorized by bond referenda approved in November 1986 and November 1989, includes the capital costs of providing parks and recreation facilities within and without the corporate limits of the Town, including the acquisition and development of land for community and neighborhood parks, entranceways, greenways, and open spaces.

SECTION II

The Manager of the Town of Chapel Hill is hereby directed to proceed with the implementation of the project within the terms of the bond authorization, and within the funds appropriated herein.

SECTION III

Revenues anticipated to be available to the Town to complete the project are amended as follows:

Current Budget Revised Budget

Bond Proceeds $7,500,000 $7,500,000

State Grant 0 240,000

Total $7,500,000 $7,740,000

SECTION IV

Total amounts appropriated for the project are amended as follows:

Current Budget Revised Budget

Parks and Recreational $7,500,000 $7,740,000

Facilities (including

open space)

SECTION V

The Manager is directed to report annually on the financial status of the project in an informational section to be included in the Annual Budget. He shall also keep the Council informed of any unusual occurrences.

SECTION VI

Copies of this project ordinance shall be entered into the Minutes of the Council and copies shall be filed within 5 days of adoption with the Manager, Finance Director and Clerk.

This the 23rd day of January, 1995.

Mr. Horton stated that easements were required involving small amounts of property in five different locations throughout the construction area, except in Village Green. He stated that attempts to obtain the needed easement had been unsuccessful, and suggested the Council may want to use legal means of obtaining the easement through a condemnation process.

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

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO PURCHASE PERMANENT GREENWAY EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FOR PHASE II OF THE BOLIN CREEK GREENWAY TRAIL (95-1-23/R-9)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it authorizes the Town staff to purchase the following easements for the Bolin Creek Greenway Trail.

Owner Easement Price

Paul & Gillian .15 acres temporary $ 252

Debreczeny

Hidden Hills Homeowners .58 acres permanent $1,596

Association .92 acres temporary

James Vine .23 acres permanent $ 118

Louis Vine .37 acres permanent $ 555

Total $2,521

This the 23rd day of January, 1995.

Item 5 Process for Notifying Citizens of Town Meetings

Mr. Horton stated staff had reviewed the processes for notifying citizens regarding Town meetings.

Lightning Brown suggested that the Town moved toward participation in the Internet. He said the Town and University were full of Internet and E-Mail users, and felt that it would make the Town and the Council more accessible, as well as documents such as Council agendas. Mr. Brown also stated that this type of notification technology was worth the additional costs.

Bob Reda said that during a recent review of the design review process, a number of people had stated that not enough information was placed on the yellow notice signs at proposed development sites. He requested that the information placed on these signs be more descriptive.

Dan Coleman suggested that the Town make use of the many organizations committed to serving the community, such as church and civic groups, in notifying people about forthcoming Town meetings. He also suggested that mailings should be sent to all such groups to identify contact persons and levels of interest in different subject areas. Mr. Coleman stated that the Council's meeting agenda should include a summary of items and should be mailed earlier in the week. He also said the agenda might possibly include the tentative agenda for near-term Council meetings. Mr. Coleman suggested that Mr. Horton meet with local media representatives about how the media might better serve the Town's information needs.

Council Member Brown thanked those who had spoken for their ideas. She asked that these suggestions be included in the staff's follow-up report, along with staff recommendations.

Mayor Brown agreed, saying the ideas expressed this evening were good ones.

Council Member Protzman stated that in his business he had to frequently communicate with Town residents. He said the Town already made far-reaching efforts to contact as many interested citizens as possible concerning upcoming Town events. Council Member Protzman said he did not favor spending additional time on this matter because staff was already doing a very good job. He also noted that although there might be some instances where citizens did not know what to anticipate, these occurrences were infrequent.

Council Member Capowski said his one concern was when there was something in the Council's packet that the citizens did not receive until as late as the Saturday before Monday evening Council meetings. He said this circumstance gave citizens only one business day to prepare or to gather additional information. Council Member Capowski asked whether the agenda preparation process could be modified to facilitate earlier mailing of materials to citizens. Mr. Horton said he did not believe this was possible because the copying and mailing processes were quite involved and voluminous.

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

Item 6 Board and Commission Appointments

Appearance Commission

Council Member Pat Evans spoke in support of Chip Wood. She

stated that Mr. Wood was a life-long Town resident and wished to heighten his community involvement.

MR. WOOD (8 VOTES) WAS APPOINTED TO THE APPEARANCE COMMISSION. WILLIAM BEHRMAN RECEIVED ONE VOTE (COUNCIL MEMBER BROWN). ORIGINAL VOTING BALLOTS ARE ON FILE IN THE TOWN CLERK'S OFFICE.

Greenways Commission

Mayor Broun noted that the Greenways Commission recommended the appointment of Carol Pekar to the Commission.

CAROL PEKAR WAS UNANIMOUSLY APPOINTED TO THE GREENWAYS COMMISSION.

ORIGINAL VOTING BALLOTS ARE ON FILE IN THE TOWN CLERK'S OFFICE.

Museum Study Committee

Council Member Pavão commented that the Museum Study Committee had concurred that Todd Goodson would be a good Committee representative.

MR. GOODSON WAS APPOINTED TO THE MUSEUM STUDY COMMITTEE BY COUNCIL ACCLAMATION.

Item 7 Proposed Northwest Small Area Plan

Mary Reeb, representing Wayne Hadler, Chair of the Northwest Small Area Planning Work Group, stated that the Group had held a number of public meetings with neighborhood and other interested area residents. Ms. Reeb said that protection of existing neighborhoods, providing public housing and open space, attractive greenways, and the transportation corridor were the main matters discussed at the meetings. She emphasized that these were very important elements of the proposed area plan. Ms. Reeb also said it was important that the community understand that although some areas might be recommended for higher zoning densities, a large community park was also proposed for the area. She stated that the area previously earmarked as part of a landfill was being proposed for use as an affordable housing site, connected by a greenway system throughout the area.

Mayor Broun stated that the report prepared by the Work Group was especially good. He commended the work group for their fine efforts.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO ADOPT RESOLUTION 10. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION EXPRESSING APPRECIATION TO THE NORTHWEST SMALL AREA PLAN WORK GROUP AND RECEIVING THEIR RECOMMENDED SMALL AREA PLAN FOR THE NORTHWEST AREA, AND CALLING A PUBLIC HEARING ON THE RECOMMENDED PLAN FOR MARCH 1, 1995 AND REFERRING THE RECOMMENDED PLAN TO VARIOUS ADVISORY BOARDS (95-1-23/R-10)

WHEREAS, the Town Council formed and established a charge for the Northwest Small Area Plan Work Group in January of 1993; and

WHEREAS, the Northwest Small Area Plan Work Group began meeting in May of 1993, and has worked diligently to produce the Recommended Small Area Plan for the Northwest Area; and

WHEREAS, the Northwest Small Area Plan Work Group has spent many hours listening to interested citizens and discussing with each other many diverse ideas in order to develop a long range vision for the Northwest Area; and

WHEREAS, the Northwest Small Area Plan Work Group has produced a Recommended Plan for the Council's consideration; and

WHEREAS, the Town Council wants to hear the views of all interested citizens and advisory board members on the Plan;

NOW, THEREFORE, BE IT RESOLVED that the Council receives the Recommended Plan for further consideration.

BE IT FURTHER RESOLVED that the Council calls a public hearing on the Recommended Plan for the Northwest Area on Wednesday, March 1, 1995, at 7:00 p.m., in the Town Council Chambers, 306 N. Columbia Street, Chapel Hill, NC 27516.

BE IT FURTHER RESOLVED that the Council refers the Recommended Plan to the Transportation Board, the Parks and Recreation Commission, the Greenways Commission, the Housing and Community Development Board, and the Human Services Advisory Commission for their recommendations.

This is the 23rd day of January, 1995.

Item 8 Cedar Falls Park Entrance Options

Mr. Horton presented a brief overview of the matter, stating that efforts had been made to work with the Chapel Hill-Carrboro school system to move the proposed high school's main entrance as far to the northwest as possible. He noted that School District staff had worked hard to do this, but could only move it approximately fifty feet.

Parks and Recreation Director Mike Loveman stated that the information received by the Council outlined four separate options. He said these involved relocating the existing entrance and accommodating bus traffic with a turnaround or an additional entrance. Mr. Loveman said although there were advantages to moving the park entrance to create an intersection with the new high school driveway, such as improving sight distance, such a move would not necessarily convince the State Department of Transportation to approve a traffic signal there. Mr. Loveman said staff felt that costs for this option were too high. He noted that staff recommended adoption of Resolution 11a, approving option 2, including improvements to the non-motorized vehicle pathway between the Cedar Falls Park parking lot and Weaver Dairy Road.

Bob Reda stated that if option 2 were approved, then consideration should be given to why this option was proposed. He said safety was the primary consideration for the Council to keep in mind.

Mr. Reda also said he felt that a traffic light would still be needed at this intersection due to the estimated number of pedestrians and bicyclists in the area.

Bruce Sampsell, Vice President of the Chesley Homeowners Association, said he did not believe that moving the entrance fifty feet would improve the safety of the proposed entrance. He stated that it was still too close to the blind curve on Weaver Dairy Road and the steep grade would encourage drivers to speed up. Mr. Sampsell stated that the morning and afternoon sun might also tend to blind drivers. He said that the Chesley homeowners reluctantly supported option 2, because the other options were less desirable.

Jane Williams expressed her concern for safety at the main entrance of proposed high school. She inquired how students and pedestrians would be able to safely cross Weaver Dairy Road. Ms. Williams said Weaver Dairy Road was inherently dangerous because of the blind curve and steep grade and would be even more so with the school's entrance on one side of street and the park's entrance on the other. Ms. Williams said the road at this point would be seventy feet or 5 lanes wide. She asked how crossing this width could be accommodated. Ms. Williams said a traffic light or some other mechanism to provide safety for pedestrians was a necessity.

Council Member Capowski asked whether students would be allowed to use the Cedar Falls Park parking lot to park their vehicles while attending school. Mr. Horton stated that although staff expected this to happen, steps would be taken to ensure that parking spaces at the park were not all used by students. Council Member Capowski asked whether the school planned to use the Town's playing fields at Cedar Falls Park. Mr. Loveman responded that some discussion had taken place, so some pedestrian traffic would be expected to cross from the school to the park. Council Member Capowski asked whether staff could predict with some accuracy when the State Department of Transportation might install a traffic signal based on traffic volumes. Mr. Horton said it was not the Department of Transportation's practice to agree to installation of traffic signals prior to actual development. Mayor Broun said he would do everything possible to have the signal installed by the time the new school was opened.

Council Member Capowski inquired what staff would recommend in order to maximize the safety of children crossing Weaver Dairy Road. Mr. Horton said he would recommend a traffic signal with a crossing guard, in concert with option two.

Council Member Pavão expressed his belief that moving the entrance to align with the park was based on safety, not recreational use of the park. He questioned why the school system was being inflexible on this issue and asked the Manager whether everything had been done to change the school district's mind. Mr. Horton stated that the best job possible had been done to place the entrance in the most feasible location. Council Member Pavão stated that he believed a traffic light should be installed, crossing guards used and other steps taken to make the proposed entrance as safe as possible.

Council Member Brown asked whether the zoning permit for the proposed school had been issued. Mr. Horton said yes. Council Member Brown said her memory was that students would not be allowed to park at Cedar Falls Park during school hours. Mr. Horton said although there would likely be student parking at the park, measures would be taken to ensure that student parking did not disrupt park activities. Council Member Brown asked whether any such plan was in place. Mr. Horton stated that no plan was presently in place, although one would be drafted in the future.

Council Member Powell expressed her hope that the Council would do everything possible to ensure that the traffic signal would be in place when the school opened. Council Member Powell said she believed that the provision of a crossing guard would be insufficient.

Council Member Protzman concurred with Council Member Powell. Council Member Protzman suggested adoption of Resolution 11a, including the following amended language: "NOW, THEREFORE, BE IT RESOLVED that the Council strongly encourages the North Carolina Department of Transportation to work towards installing a traffic light at the school crossing by the time the school is in use."

Council Member Waldorf asked whether parks and recreation funds would be used to implement option two. Mr. Horton stated that if the Council approved, other funding options could be explored. Council Member Waldorf stated it was her memory was that parks and recreation bond funds would be used. Mr. Horton said there were other possibilities available.

Council Member Chilton stated that since the funds were scheduled to be identified in the 1995-96 budget, this matter could be resolved at another time.

Council Member Capowski proposed that the Council add the following language to Resolution 11a: "Whereas, the Council agrees that the highest priority is the safety of the students who must cross Weaver Dairy Road."

Council Member Waldorf said the matter of whether or not the school could use the Town's ball fields or tennis courts at Cedar Falls Park was a policy question which might need to be examined in the future. She said the Council should not make assumptions that the high school would automatically use the Cedar Falls Park fields.

Council Member Evans said she felt the Council's displeasure should be expressed to the school system regarding their refusal to move the school entrance, since safety of the students was the first priority.

Council Member Powell asked which matters would need to be discussed further if the Council approved option two. Mayor Broun said a motion would only approve option two, with the Manager looking for a source of funding and with the added clause regarding safety and the need for a traffic signal. Mayor Broun said this resolution did not address the location of the proposed school entrance.

Council Member Brown said she believed the school's entrance had been decided and was not open for discussion at this point. Mr. Horton said the school system had an entitlement to move ahead with its approved plan.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT RESOLUTION R-11a. THE MOTION WAS ADOPTED BY A 7-2 VOTE, WITH COUNCIL MEMBERS PAVAO AND POWELL VOTING NAY.

A RESOLUTION APPROVING OPTION II FOR ENTRANCEWAY CHANGES AT CEDAR FALLS PARK (95-1-23/R-11a)

WHEREAS, the Town Council has approved a Special Use Permit for the new Chapel Hill High School; and

WHEREAS, a conceptual plan for entranceway changes to Cedar Falls Park has been developed which includes improvements to the existing pedestrian\non-motorized vehicle path from the existing parking lot to Weaver Dairy Road across from the main entrance to the high school; and

WHEREAS, the high school is proposed to be completed by the Fall, 1996 and the changes at Cedar Falls Park would not need to be completed until that time;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves OPTION II for changes to Cedar Falls Park. This plan includes widening and paving the existing pedestrian\non-motorized vehicle path from the parking lot to Weaver Dairy Road.

BE IT FURTHER RESOLVED that funds to complete this project be identified by the Town Manager as part of the budget process for FY 1995-96.

This the 23rd Day of January, 1995.

Item 9 Reports on Requests by Colony Lake Homeowners

Mr. Horton stated that a special use permit modification would be needed in order to change the types of services provided to the Colony Lake neighborhood. Mr. Horton also said there were a number of practical concerns regarding rear-yard refuse collection as opposed to the refuse collection currently being provided using bulk containers.

Public Works Director Bruce Heflin presented a brief overview of the two requests made by the Colony Lake homeowners. He stated that in the past when the Town had accepted private streets for maintenance, they were required to meet certain standards. Mr. Heflin said he did not presently have an estimate concerning the cost of bringing these streets up to Town standards. Mr. Heflin also noted that the Town Code required dumpster-style collection for this area, although there were some exceptions to the Code. Mr. Heflin said there were one hundred and twenty eight homes which would potentially be switched over and some rerouting would have to take place in order to serve this area. He said that due to the annexation scheduled to take place this June, an additional sanitation collector would need to be added. Mr. Heflin said the total cost of an additional crew to serve this area as well as the new annexation area would be approximately $160,000 per year.

Dr. Jim Jacobs, a Colony Lake resident, said he believed that getting 100% approval from the residents would be next to impossible and requested that the Town accept the 75% requirement the Homeowners Association used for its own standard. Dr. Jacobs also asked that some flexibility be used when billing the residents for maintenance of the streets. Stating that area residents had borne responsibility for street maintenance costs to date, Dr. Jacobs requested that the Town not require Colony Lake residents to pay for all street-related upgrade costs. He also asked that no modification be required in the Special Use Permit since other changes had been made in the past without the need for such a modification.

Hans Weber said he lacked a good understanding of the Town's special use permit modification process. He said that as a first-time homeowner and Town taxpayer, he expected to receive Town services. Mr. Weber said he would like his neighborhood to blend into the Town without the need for unsightly dumpsters.

Mayor Broun inquired whether it was correct that there had been considerable discussion about street maintenance and dumpster collection when the special use permit was granted. Mr. Waldon said yes, adding that discussions similar to this evening's had taken place in 1984. He noted that the project's developer had elected to build private streets which did not meet Town street standards.

Mayor Broun said a letter had been received from Rita Berman and Kenneth Hough requesting that action not been taken on this matter this evening.

Council Member Capowski requested further elucidation on the 1984 discussions concerning Colony Lake's special use permit. Mr. Waldon stated that the project's developer was told that the project was approved as a multi-family development, not a single-family development. Mr. Waldon also said the developer chose to build the units detached from each other and to sell the land underneath the units. Mr. Waldon stated that this gave the development the feel of a single-family development, although it was truly a multi-unit development.

Council Member Capowski inquired the what would be necessary to take over maintenance of the streets. Mr. Karpinos said the primary consideration was the condition of the streets when they were accepted for maintenance. He noted that the dedication of streets to the Town must be handled by the parties who owned the streets, all of Colony Lake's homeowners in this instance. Mr. Karpinos also stated that State law required that assessments for street improvements could take place if a petition was signed by fifty percent or more of property owners. He said that fifty percent of the cost of street improvements would be assessed by the Town unless the Council directed otherwise.

Mayor Broun asked whether it was Mr. Karpinos' opinion that the Council could not take possession of the streets without a change in the Special Use Permit and that refuse collection could not be changed. Mr. Karpinos said this was correct. Mayor Broun stated that the Homeowners Association would need to work with staff to see whether the existing special use permit could be modified.

Dr. Jacobs inquired why previous changes had been made without the need for a special use permit. Mayor Broun said staff could provide follow-up information on this query.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO REFER THE MATTER TO TOWN STAFF SO THAT THEY WOULD RESPOND TO THE QUESTIONS RAISED BY THE HOMEOWNERS WITH REGARD TO POSSIBLE MODIFICATION OF THE SPECIAL USE PERMIT. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 10 ArtsCenter Request for Annual Funding Allocations

Mr. Horton stated that the ArtsCenter had approached the Town with a request to have the Council adopt a non-binding intent to commit annual allocations of $20,000 per year for the next ten years for the ArtsCenter capital program.

COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL MEMBER WALDORF, TO ADOPT RESOLUTION R-12. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION EXPRESSING A NON-BINDING INTENT TO ALLOCATE $20,000 ANNUALLY TO THE ARTSCENTER FOR TEN YEARS TO HELP ENABLE THE PENDING ACQUISITION OF THE ARTSCENTER'S FACILITY AT 300-G EAST MAIN STREET, CARRBORO (95-1-23/R-12)

BE IT RESOLVED by the Town Council of Chapel Hill:

Section 1. That the Council hereby expresses its intent that the Council will allocate to The ArtsCenter $20,000 annually through 2003-2004 in return for service to be rendered.

Section 2. That this resolution expresses the good faith present intent of the current Town Council. This resolution is not intended to be and does not constitute a legally binding commitment by the Town Council of Chapel Hill to allocate funds to The ArtsCenter.

This the 23rd day of January, 1995.

Item 11 Report of Task Force on Water & Sewer Service Boundaries

Council Member Protzman stated that the matter before the Council this evening was the result of many very productive meetings regarding water and sewer service boundaries. He said Resolution 13 direct that recommendations be referred to the Orange Water and Sewer Authority Board of Directors for their comments and recommendations.

Council Member Capowski said that there were many failing septic systems in the County. He added that if the Orange Water and Sewer Authority took responsibility for an area, it should also be responsible for addressing failing systems as well.

COUNCIL MEMBER PROTZMAN MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO ADOPT RESOLUTION R-13.

Council Member Brown asked when the Council would have a discussion concerning the issues raised in the report. She also requested that a more detailed map of the proposed service areas be provided to the Council. Council Member Protzman stated that the resolution asked for Orange Water and Sewer Authority's comments by June 1st, with the Council's discussion scheduled for June 26th.

Council Member Waldorf asked whether it was assumed in the resolution that OWASA would make recommendations to the Council regarding cost allocations. Council Member Protzman said this could be discussed as well as what it would mean to have responsibility for areas outside of Orange Water and Sewer Authority's normal service boundaries.

THE MOTION TO ADOPT RESOLUTION 13 WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION REFERRING TO THE OWASA BOARD OF DIRECTORS AND TO THE TOWN MANAGER A REPORT FROM THE TASK FORCE ON PUBLIC WATER AND SEWER SERVICE AREA BOUNDARIES IN ORANGE COUNTY (95-1-23/R-13)

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

1. Respectfully requests that the Board of Directors of the Orange Water and Sewer Authority forward to the Council by June 1, 1995 the Authority's comments on the December 14, 1994, report of the Public Water and Sewer Service Area Boundary Task Force so that the Council will have the benefit of the OWASA Board's comments and recommendations before the Council takes action on the report.

2. Directs the Manager to make a report to the Council by June 26, 1995, taking into account the Task Force's report and comments by the OWASA Board of Directors.

This the 23rd day of January, 1995.

Item 12 Proposed Staffing Changes

Mr. Horton noted that although staffing changes would not normally be suggested at this time of year, significant workload increases had convinced him that some position changes were necessary.

Mr. Horton said the proposed change would increase one Building Inspector position from half-time to full-time due to increased workload, and would transfer a Transportation Planner position to long-range planning duties, due to changes in work programs. Mr. Horton said additional costs would be covered by increased development review fee revenue.

Transportation Board Chairperson Richard Franck questioned whether work could be scaled back regarding transportation planning. Mr. Franck said based on the current level of development activity, he did not believe this proposal was feasible. Mr. Franck also said he felt that many development-related items before the Council and other boards were transportation-related. He suggested a compromise approach by keeping the Transportation Planner in the current position and have this position lend expertise only to long-range planning issues. He encouraged the Council to deny the request to move the Transportation Planner to long-range planning duties.

Council Member Brown said she thought that the Council should not pull back on transportation planning, but instead move forward. She said that since the Council had requested a lot of work from the transportation planners, the Council should not move this position at the present time. Council Member Brown also said she had real concerns with asking project consultants and developers to answer Council's questions rather than Town transportation planning staff. She requested that the Council deny the request to move the transportation planner to long-range planning duties.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO DENY THE REQUEST.

Council Member Evans said the additional person in inspections was definitely needed. She also said that delays in long-term planning might take place if the staffing request were not approved. Council Member Evans noted that there would still be two transportation planners available if the third one was shifted to long-range planning. Council Member Evans said she believed that two transportation planners could satisfactorily handle the existing workload. Stating that the Planning Department had been asked to move ahead on long-range issues, Council Member Evans said the Council should provide the staff needed to do so.

Council Member Chilton said it was his recollection that the Design Review Board had recommended that more positions were needed in the Planning Department. He said if more long-range planners were needed, the Council should consider hiring another planner, rather than reassigning a transportation planner to long-range matters. Council Member Chilton said he felt this proposal might create an unnecessary burden on the two remaining Transportation Planners. He also stated the Town needed more and better transportation planning, not less, and this was no time to step backwards in this regard.

Mayor Broun said although he believed strongly in transportation planning, what had happened was that a great deal of work had been assigned to the staff including long-range planning projects and transportation planning. He said that the staff's professional analysis was that the maximum productivity level could be attained with more long-range planners and fewer transportation planners. Mayor Broun said this did not mean any less emphasis was being placed on one and more on another matter.

Council Member Capowski expressed concern that the Council was attempting to micromanage the staff's decision-making processes.

Council Member Brown said she did not see how transportation planning could be separated from long-range planning, since they were so closely related. She said it was the Council's duty to question these changes, rather than micromanagement.

Council Member Pavão said he agreed that it was the Council's responsibility to make this decision and to ask the Manager to come back with additional information, if necessary.

Council Member Chilton expressed his belief that it was the staff's responsibility to bring the Council their professional opinions, in this case that transportation planner be moved to long-range planning. He also said it was part of the Council's function to review these recommendations and make decisions.

Mayor Broun asked whether it were not true that some long-range planning would necessarily included some transportation issues.

Council Member Brown said this would suggest that the transportation planner not be assigned to other duties.

Council Member Chilton stated this was a policy matter, rather than a budget matter. Council Member Chilton said he believed that these changes had budgetary impacts and that the Council could not know what these future impacts might be.

Council Member Brown said that the Council had requested a lot of work from the transportation planners and would continue to do so. She stated that it would be a shame to move backward in terms of transportation planning.

Council Member Protzman stated there were several large planning projects in process such as the Meadowmont development and the Horace Williams and Mason Farm tracts, which were very important and felt that some quality had already been lost due to the increased work load.

Council Member Brown stated that if the Town's transportation planning expertise were reduced, it would not be to the Town's benefit.

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

AN ORDINANCE AMENDING THE POSITION CLASSIFICATION AND PAY PLAN

(95-1-23/O-4)

BE IT ORDAINED by the Town Council of the Town of Chapel Hill that the Council hereby amends the "Ordinance Establishing a Position Classification and Pay Plan and Longevity Plan for Employees of the Town of Chapel Hill and Bonds of Officials, beginning September 1, 1994 (94-6-6/O-3)" as follows:

In Section IV, part C, in the Inspections Department DELETE the line

Full-time Part-time Grade

# hours # hours

Inspector (Levels I - III) 4 37.5 1 20 21-23

and ADD the line

Full-time Part-time Grade

# hours # hours

Inspector (Levels I - III) 5 37.5 - - 21-23

This the 23rd day of January, 1995.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO ADOPTED ORDINANCE O-5. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

AN ORDINANCE TO AMEND "THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1994" (95-1-23/O-5)

BE IT ORDAINED by the Town 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

GENERAL FUND

Inspections 339,011 7,525 347,511

ARTICLE II

REVENUES

GENERAL FUND

Licenses/Permits/

Fines 686,300 7,525 694,800

This the 23rd day of January, 1995.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO DENY ORDINANCE O-6 REQUESTING A TRANSPORTATION PLANNER BE MOVED TO LONG-RANGE PLANNING DUTIES. THE MOTION FAILED BY A VOTE OF 3-6, WITH COUNCIL MEMBERS POWELL, BROWN, AND CHILTON VOTING AYE.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO ADOPT ORDINANCE 0-6. THE MOTION WAS ADOPTED BY A VOTE OF 6-3, WITH COUNCIL MEMBERS POWELL, BROWN, AND CHILTON VOTING NAY.

AN ORDINANCE TO AMEND "THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1994 (95-1-23/O-6)

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

Budget Increase Decrease Budget

APPROPRIATIONS

GENERAL FUND

Planning 644,180 10,000 654,180

ARTICLE II

REVENUES

GENERAL FUND

Service Charges 618,565 10,000 628,565

This the 23rd day of January, 1995.

Item 13 Discussion of Consent Agenda and Information Report Items

Council Member Protzman inquired about the program's funding source and personnel structure. He also inquired whether program funding was available on a continuous basis. Mr. Horton said the funding source was the federal government's Comprehensive Grant program. He added that these funds might not be available in future years. Mr. Horton also noted that the Public Housing Residents Council would hire and supervise employees.

Joann Shirer, representing the Residents Council, stated that representatives would hire and supervise the three proposed positions. Council Member Protzman inquired whether the Residents Council would choose to expend funds on this program if the $42,000 of funds were last ones available from the Comprehensive Grant program. Ms. Shirer said yes, noting that there was a strong need for public housing residents to be organized and receive training.

COUNCIL MEMBER PROTZMAN MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 5. THE MOTION WAS ADOPTED UNANIMOUSLY

(9-0).

A RESOLUTION AUTHORIZING THE MANAGER TO EXECUTE A PERFORMANCE AGREEMENT WITH THE TOWN AND THE CHAPEL HILL-CARRBORO RESIDENT COUNCIL (95-1-23/R-5)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to execute a Performance Agreement with the Chapel Hill-Carrboro resident council in the amount of $42,321.

This the 23rd day of January, 1995.

Information Reports

Chapel Hill-Carrboro Fire Departments Cooperation

Council Member Capowski stated that the Town's Fire Department had done a superb job of protecting the house, furniture and pet of a friend and constituent who experienced a house fire on Christmas Eve. He commended the Fire Department for a job well-done.

There was no need for a closed session. The meeting stood adjourned at 9:40 p.m.