MINUTES OF A REGULAR MEETING OF THE CHAPEL HILL TOWN COUNCIL

MONDAY, APRIL 10, 1995 AT 7:00 P.M.

The Mayor called the meeting to order at 7:00 p.m.

Council Members present were Joyce Brown, Joe Capowski, Mark Chilton, Pat Evans, Lee Pavão, Barbara Powell, Jim Protzman, and Rosemary Waldorf. Staff members present were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Town Attorney Ralph Karpinos, Development Coordinator J.B. Culpepper, Assistant to the Manager Greg Feller, Solid Waste Coordinator Gayle Wilson, and Long-Range Planner Lorie Tekiele.

Item #1 - "Unplugged Day"

Council Member Waldorf introduced Kathleen Clarke-Pearson, a pediatrician, who gave the presentation.

Dr. Clarke-Pearson gave a brief introductory statement explaining "Unplugged Day" which is to raise awareness of violence and violent acts on prime time television, also to inform people that statistics show a link between watching violent acts and carrying out those acts. She stated that "Unplugged Day" would be observed on May 1, and urged citizens to join the Chapel Hill-Carrboro City Schools' Health Committee by working together to stop the negative influence of violent television and video programming.

COUNCIL MEMBER WALDORF MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT RESOLUTION R-1. THE MOTION WAS ADOPTED UNANIMOUSLY.

A RESOLUTION BY THE TOWN COUNCIL OF CHAPEL HILL IN SUPPORT OF UNPLUGGED DAY ON MAY 1, 1995 (95-4-10/R-1)

WHEREAS, violent acts appear 8 to 12 times per hour on prime time television and about 20 times per hour on programs intended for children; many cartoons and video games depict both heroes and villains in settings where violence instantly and effectively solves problems with little or no emphasis on negotiation or compromise to resolve disputes; and

WHEREAS, American children watch about 25 hours of television per week and are thereby exposed to over 12,000 violent acts per year; and

WHEREAS, thirty years of research have shown that there is a link between viewing violence on television and the development of violent behavior; and

WHEREAS, by high school graduation, many teens will have spent more time watching television than in the classroom; and

WHEREAS, the community is saddened and troubled by the rise of violence, and by the senseless killings which have occurred in our community and nation involving guns and other weapons;

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

* expresses its support for Unplugged Day on May 1, 1995 to pull the plug on violence and to encourage families to work together to stop the negative influence of violent television and video programming, and

* encourages all citizens to consider the attached guidelines of the American Academy of Pediatrics regarding television and video games.

This the 10th day of April, 1995.

Item #2 - UNC-Chapel Hill Planning Panel

Council Member Waldorf, speaking as chair of the UNC-Chapel Hill Planning Panel presented to the Council and the public the first interim report of the UNC-Chapel Hill Planning Panel. She stressed this report is preliminary in form and content. Council Member Waldorf stated the committee has heard from a number of technical experts. She said the committee has organized the report into five subject areas: land use issues, neighborhood and Town character issues, transportation issues, environment and ecology issues, and fiscal and legal issues. Council Member Waldorf said the first meeting was November 3, 1994, and since then the Panel has met regularly to develop recommendations for the Council. She said on March 30 the Panel held a joint meeting with the Carrboro Community Advisory Committee and identified several areas of mutual interest, such as stormwater management, housing, the rail corridor and forest preservation. Council Member Waldorf turned the presentation over to other members of the Panel.

Alan Rimer spoke regarding land use issues. He presented a series of overhead transparencies which showed the Horace Williams and Mason Farm property.

Flicka Bateman discussed the neighborhood and Town character issues. She said any University development should have minimal impact on nearby neighborhoods. Ms. Bateman said the Panel recommends that natural buffers should separate UNC development and these buffers be dense enough to keep traffic and other noises out of the neighborhoods. She said cushioning the impact of traffic on nearby neighborhoods is also a major concern. Ms. Bateman said the Panel would like to see a very small amount of commercial activity at the Horace Williams Airport. She said this commercial development must be large enough to allow persons to shop or eat at Horace Williams, but not large enough to attract outsiders to the area.

Rachel Willis said the Panel felt the transportation issues should be evaluated comprehensively by evaluating the options and impacts of different land use possibilities. Ms. Willis used overhead transparencies to show the main destinations of most travel within this area. Ms. Willis said the Panel had tried to plan for growth of the University with the least amount of impact on nearby neighborhoods.

Jim Ward spoke on environment and ecology issues, saying the goal is to encourage development that protects the natural and built environment and provides for appropriate location of land uses. Mr. Ward said it was important to protect and preserve features of critical environmental concern, such as the exceptional plant communities and rare plant and animal species as assets and opportunities. He said they are also encouraging the University and Town to protect, preserve and enhance the land uses of surrounding areas by providing adequate forest, visual, noise and watershed buffers. Mr. Ward also said that about 40% the of Mason Farm site lies within the 100-year floodplain, which means that an even greater amount is included in the Resource Conservation District, thus restricting opportunities for development. He said there are also steep slopes which are home to the Catawba Rhododendron. Mr. Ward said in addition to the environmental gems on these properties, there are also some areas that have been used as dump sites and landfills as well as storage areas.

Alan Rimer indicated there was a fair amount of floodplain which constrains the Mason Farm site as to what may or may not be built upon it. He said as the Panel studied the potential for land use, it concluded there is very little land which can be developed unless the golf course is removed. Mr. Rimer said one critical point is that there should be no cross-commuting from the Bypass to Highway 54 or from the neighborhoods south of Morgan Creek. He said the Panel endorses the Council's current policy on the location of the Horace Williams Airport, that being favoring relocation. Mr. Rider said the Panel also concluded that buildings built on the Mason Farm property should be designed to be the same height, density and scale as the older portions of the current campus.

Council Member Waldorf stated that fiscal policy issues are a part of what the Council asked the Panel to do, and it is of critical concern if any development takes place on these tracts. She said the report prepared by the Panel presents to the Council some proposed principles for development policies and agreements. Council Member Waldorf said the Panel first focused on fundamental principles to guide the relationship between the two institutions; secondly, all UNC development at both tracts should have no fiscal impact on the Town; third, compensation to the Town for services should be as equitable as possible; fourth, any third-party development on UNC properties should have no fiscal impact on the Town; and fifth, endorse the OWASA policies that require UNC to pay water and sewer availability fees for all new development on these two tracts.

Council Member Waldorf stated that all UNC properties are exempted from ad valorem taxes. She said the panel believes third-party developers on State property should not necessarily benefit from this exemption. Council Member Waldorf said UNC could enter into an agreement with a third-party owner and require that owner to make payments-in-lieu of taxes to the County and the Town. She said the Panel believes the Town should encourage some third-party development as a means of pursuing fiscal equity.

Council Member Waldorf stated the Panel had identified several potential areas of cooperation between UNC and the Town. She referred to the list on page 14 of the report, and emphasized that these proposed areas of cooperation were merely an idea list.

Dan Coleman stated he was impressed with the report and the amount of work which was put into it. He said he was puzzled by some of the specific recommendations of the Panel. Mr. Coleman said we should be careful how the University chooses to develop these properties, that we may wind up with parking decks. He said it would be in the Town's interest to meet with Chancellor Hardin before his term ends July 1 to get his thoughts and ideas. Mr. Coleman said in regard to the environmental section, there was less attention paid to the Horace Williams tract, and feels it would be beneficial to take a look at that tract and give it some special attention.

Council Member Capowski commented on the concept of the business incubator building and he was glad to see it included.

Council Member Brown thanked the committee for their hard work. She said she had a question of what the responsibility of this committee really was, and she had some concerns about some of the specifics of the report. Council Member Brown asked how the three words" objectives, goals and principles" were defined. She said she believed we should look at the values required, which would include energy systems. Council Member Brown said we should look carefully at the value system needed and what the true goals are.

Council Member Chilton stated that on page 6 of the memo, it states that campus edges should provide well-defined boundaries adjacent to residential neighborhoods, and asked for a more detailed explanation.

Josh Gurlitz explained that this sentence means that we want the edges to protect the residential communities, but we want the campus development to be natural looking from the street.

Council Member Chilton said that on page 4 of the memo it states that parking should be put near property boundaries to keep the campus as carless as possible. He said we could state as a goal that it not be necessary to drive to reach the Horace Williams property. Council Member Chilton said that regarding the Mason Farm property, he did not see the suggestion that one of our goals as a community be that the biological reserve and botanical garden remain forever as a botanical garden and biological reserve. Council Member Chilton said he hoped that one day we could have some State legislation that would protect these unique areas. He said it is important to note these areas are also geologically important.

Mayor Broun said he felt this interim report was very balanced and commended the Committee for their excellent work. He said specifically he would like to see that there be some way to get people either walking or bicycling to the campus. Mayor Broun said it is not possible now without using Highway 54. He stated he would like to see some kind of path built.

Rachel Willis stated one of their last principles was connecting roads and the Triangle Transit Authority corridor. She said the Panel had specifically suggested a path which would end behind the UNC law school.

Council Member Waldorf asked the Council if they were comfortable with the Committee taking this to Johnson, Johnson and Roy, the University's consultants, on Wednesday night for their scheduled meeting, if the suggestions and comments made tonight were included.

Council Member Brown stated she would very much like to have tonight's comments and suggestions included.

Mayor Broun said he believes the Council does want the Committee to move forward. He said it was an interim report and provided a good basis to continue.

Council Member Pavão said he was pleased that the Committee was able to come this far this quickly. He said there was still lots of work to do, but he believes the Panel did a good job.

Council Member Waldorf stated that when the committee met with Carrboro, housing and regional stormwater management were of concern, as well as light rail and future transportation corridors.

The Mayor closed the public forum.

Item 2e - Preliminary Discussions with UNC

Council Member Waldorf stated that as the fiscal issues subgroup worked on the report, it seemed to be appropriate to go ahead and discuss with the University now some of these principles of fiscal equity and try and find some mutual ground. She said the Committee felt it was appropriate to receive feedback from the Chancellor and to learn about the University's prospective and objectives related to fiscal impacts. Council Member Waldorf said the results of such preliminary discussions would be useful to the Planning Panel in refining the fiscal policy goals and objectives.

Council Member Capowski said the resolution does not state that the discussions would be about only the Mason Farm and Horace Williams tracts.

Mayor Brown stated that these were only preliminary discussions and does not believe we have to specify what would be discussed.

Council Member Capowski said he believes the Council should give direction to the Panel to include in their discussions with the Chancellor current development on campus.

Council Member Evans said she believes it is a good idea to begin these discussions with the Chancellor now.

Council Member Brown asked how the whole Council could be brought into these discussion, rather that just the Panel members. She felt it was a very important issue with many impacts which may not be included in the interim report.

Council Member Pavão stated that the Council had requested that the two Council Members on the Panel represent them, and no plans had been made for the entire Council to be brought into these preliminary discussions.

Council Member Waldorf said it may be time for some member of the Town staff to approach UNC to begin discussions.

Council Member Capowski said he agrees with Council Member Brown that the issues before the Panel are very important and the entire Council should become involved at some point.

Council Member Pavão said he believed the entire process will be difficult and long, and the Panel felt the need to move forward.

Council Member Capowski said he was concerned about the growth on the main campus and its effect on the Town.

Mayor Broun said he saw no reason why the resolution could not be adopted, since the language was very general and specifically mentioned the Horace Williams and Mason Farms tract.

Council Member Pavão agreed with Mayor Broun, saying he did not find the resolution to be confusing in any way.

COUNCIL MEMBER WALDORF MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO ADOPT RESOLUTION R-2. THE MOTION WAS ADOPTED UNANIMOUSLY.

A RESOLUTION AUTHORIZING PRELIMINARY DISCUSSIONS REGARDING FISCAL IMPACTS OF UNIVERSITY DEVELOPMENT ON THE TOWN OF CHAPEL HILL (95-4-10/R-2)

WHEREAS, the University of North Carolina and the Town of Chapel Hill have begun discussions regarding the future use and development of the Horace Williams and Mason Farm tracts; and

WHEREAS, Chancellor Paul Hardin has expressed willingness to discuss the fiscal impact of University development on the Town of Chapel Hill; and

WHEREAS, the Town Council commends Chancellor Hardin for his willingness to address this complex issue;

NOW THEREFORE BE IT RESOLVED that the Town Council authorizes the Mayor and the Chair of the UNC-Chapel Hill Planning Panel to enter into preliminary discussions with the Chancellor of the University of North Carolina at Chapel Hill; such discussions shall focus on mechanisms whereby the University can help to address and mitigate fiscal impacts on the Town, created by growth of the University. The Council proposes that the purpose of the preliminary discussions would be:

* To share information, views, objectives and concerns of the Town and the University.

* To help in refining the draft statement of fiscal policy goals and principles and in developing a report for consideration at a public hearing.

BE IT FURTHER RESOLVED that the attached proposed "Fiscal Policy Goals and Principles" should be used as the basis for these discussions.

BE IT FURTHER RESOLVED that the Council requests that the Mayor and Chair of the UNC-Chapel Hill Planning Panel make a report and such proposal as they deem appropriate to the Council and to the Planning Panel by July, 1995.

This the 10th day of April, 1995.

Item 2f (added on the floor) - Consultant's Assistance

Council Member Brown said she and Council Member Waldorf had discussed the possibility of obtaining a consultant's assistance in the Town's planning for the Horace Williams and Mason Farm Tracts.

Council Member Evans asked how does this overlap with the charge given to the Planning Board?

Council Member Brown said the Planning Board would hold a public forum on June 12 along with the UNC-Chapel Hill Planning Panel for a report of work in progress. She said the consultant would conduct a workshop on zoning, probably in September.

Mayor Broun said he had questions about whether it was necessary at this point to hire a consultant. He said on the other hand the consultant's resume is impressive and he is well qualified.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER WALDORF, TO ADOPT RESOLUTION R-2F (AS NAMED ON THE FLOOR).

Council Member Capowski asked exactly what the resolution meant when it says "in consultation with the Council". Mr. Horton stated it meant that he would bring back further information, probably in the form of an information report, at a later date.

THE MOTION WAS ADOPTED UNANIMOUSLY.

A RESOLUTION AUTHORIZING HIRING OF A CONSULTANT TO ADVISE THE TOWN OF CHAPEL HILL REGARDING PLANS FOR FUTURE USE OF THE HORACE WILLIAMS AND MASON FARM TRACTS (95-4-10/R-2f)

BE IT RESOLVED that the Council receives and endorses the proposal from Mayor pro tem Brown and Council Member Waldorf on April 10, 1995, to hire a planning consultant to advise the Town regarding future plans for the Horace Williams and Mason Farm tracts.

BE IT FURTHER RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager, in consultation with the Council, to enter into an agreement with a planning consultant to advise the Town regarding future plans for the Horace Williams and Mason Farm tracts.

This the 10th day of April, 1995.

Item #3 - Petitions

Ms. Sandra Walker, a resident of 126 Graham Street, stated she is concerned about parking on Graham Street. She said parking is allowed on one side, and would like the street to be for resident parking only. Ms. Walker said many students park on the street.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO RECEIVE THE PETITION AND REFER IT TO STAFF. THE MOTION WAS ADOPTED UNANIMOUSLY.

Mr. Lewis Orde of 119 Cynthia Drive stated that several weeks ago residents of the North Forest Hills area has requested that the Town pave a portion of Collums Road near the new park because it constitutes a health and safety hazard. He said the new park will open soon, which will cause more foot and vehicle traffic on this 1100 foot stretch of unpaved road. Mr. Orde said the Town had responded that when the park is completed they will pave approximately 465 foot of this roadway, which will leave over 500 feet still unpaved. He said Town staff has said if the remainder of the roadway is paved, the property owners would have to pay 50% of the additional paving costs. Mr. Orde said according to his research of tax records, the Town owns the remainder of this stretch of roadway.

Mr. Orde said that dust and fumes are a year-round problem on this roadway. He said Town buses and school buses use the road daily. He asked that when the park is completed, the Town pave the entire 1100 foot stretch of unpaved roadway.

Council Member Chilton asked that agenda item #10 regarding the Landfill Reserve Fund for the purchase of the Neville tract be tabled until the Landfill Owners' Group has a final recommendation to present to the Council.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO TABLE THE DISCUSSION REGARDING THE PURCHASE OF THE NEVILLE TRACT. THE MOTION WAS ADOPTED UNANIMOUSLY.

Council Member Brown asked the Manager to report on the Shaping Orange County's Future progress. Mr. Horton said the Town has made a recommendation in the preliminary budget and is scheduled to report back to the Council.

Item 4.1 - Consent Agenda

Council Member Chilton pulled item c.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO ADOPTED RESOLUTION R-3. THE MOTION WAS ADOPTED UNANIMOUSLY.

A RESOLUTION ADOPTING MINUTES AND VARIOUS RESOLUTIONS AND ORDINANCES (95-4-10/R-3)

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

a. Minutes of March 15th.

b. Budget amendment for landfill crew building (O-1).

c. Grant application to Governor's Highway Safety Commission (R-4).

d. Old Chapel Hill Cemetery restoration grant (R-5).

e. First reading of WIC-Orange telephone franchise ordinance (O-2).

This the 10th day of April, 1995.

AN ORDINANCE TO AMEND "THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1994" (95-4-10/O-1)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled "An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 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

LANDFILL FUND 7,378,765 38,100 7,416,865

ARTICLE II

REVENUES

LANDFILL FUND

Fund Balance 917,815 38,100 955,915

This the 10th day of April, 1995.

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO SIGN A SUBGRANT AGREEMENT AND CERTIFICATE OF MATCHING SHARE FORM INDICATING ACCEPTANCE OF AND MATCHING MONEY FOR A GRANT TO RESTORE GRAVE MARKERS IN THE OLD CHAPEL HILL CEMETERY (95-4-10/R-5)

WHEREAS, The State Historic Preservation Office has selected Chapel Hill to receive a Certified Local Government Grant to restore grave markers in the Old Chapel Hill Cemetery; and

WHEREAS, the Town of Chapel Hill has had a longstanding commitment to the care and upkeep of the Old Chapel Hill Cemetery; and

WHEREAS, in 1994 Chapel Hill commissioned a study, "The Comprehensive Conditions Assessment of Selected markers," to give the Town guidance as to how to restore the grave markers, with the intent of restoring the markers;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Town Manager to sign the Subgrant Agreement and the Certification of Matching Share Form required by the State Historic Preservation Office which signifies that the Town accepts the grant and agrees to match the $5,000 allocated to Chapel Hill by the State.

BE IT FURTHER RESOLVED that the Council thanks the Chapel Hill Preservation Society for their generous assistance with this project.

This the 10th day of April, 1995.

AN ORDINANCE GRANTING A FRANCHISE TO WIC-ORANGE TO PROVIDE TELEPHONE SERVICES IN THE TOWN OF CHAPEL HILL (95-4-10/O-2)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Council hereby grants a franchise to WIC-Orange, Inc., owned by Eugene K. Wannenburg, to operate a telephone franchise in the Town subject to the following conditions:

Scope of Services

The company may provide local and long distance telephone services. This franchise does not authorize the company to provide cable television services, for which a separate franchise could be requested.

Approval of Locations; Compliance with Downtown Streetscape Plan

Present and future locations of additional equipment shall be subject to approval by the Town Manager as to conformity with the Streetscape Plan and other relevant policies and plans which have been or may be adopted by the Council, including the Town's obligation under State law to maintain safe access in sidewalk and street areas.

Relocation of Equipment

Because the Town is planning to undertake improvements in public sidewalk and street areas of the downtown, the present and future locations of the company's equipment shall be subject upon 60 days' written notice by the Town to removal or relocation at the company's sole expense to other place(s) satisfactory to the Town Manager.

Removal or relocation may also be required by the Town due to street or utility improvements in general, due to public health and safety problems upon a determination by the Town or for other just and reasonable cause as may be determined by the Town. Upon a determination of an emergency need to remove equipment, such removal shall occur within the time period determined reasonably necessary by the Town.

Outgoing Calls

The company may be required at the direction of the Town Manager to restrict telephone equipment to outgoing calls only or to terminate service at a given location(s) if the Manager determines that and notifies the company in writing that such a restriction or termination is necessary to protect the public health, safety and welfare.

Disturbance of Property Within a Right-of-Way; Inspections

Any disturbance of property within or affecting the public right-of-way, as may be necessary for the installation and/or connection of said phone services, must receive prior approval of the Town Manager or Manager's designee and shall be subject to inspection and approval by the Town.

Color and Appearance of Equipment

The color and other external appearance aspects of the company's equipment in public right of-way, including the present equipment, shall be subject to approval by the Appearance Commission or the Historic District Commission as appropriate.

Term of Franchise

The term of the franchise shall be five years from acceptance by the franchisee, with the possibility of renewal at the end of five years subject to filing of a renewal application at least six months before the franchise expiration.

Letter of Credit

The company shall maintain a letter of credit in the amount of $500 per telephone, with the required amount to be replenished as necessary to maintain the required balance at all times to ensure compliance with all applicable State or local laws, ordinances and regulations and directives of the Town, with terms of the franchise and to ensure payment of all applicable fees and taxes due to the Town.

Insurance and Indemnification of the Town

The company shall maintain general liability insurance naming the Town as an additional insured party and in a form satisfactory to the Manager. General liability coverage shall be in the amount of at least $500,000.

The company shall be required, by acceptance of the terms and conditions of this franchise, to indemnify the Town from all damages which may arise in connection with the company's actions and omissions and to defend the Town at the company's sole expense against any claims in connection with the company's actions and omissions.

Compliance With All Applicable Laws, Ordinances and Regulations

The company shall comply with Town ordinances, construction codes, other policies adopted by the Council, administrative regulations issued pursuant to Council action or policy, with directives of the Town which may be issued under the franchise ordinance terms or general law and with all applicable State and federal laws and regulations, including any requirement for State right-of-way encroachment agreements, etc. Failure to comply shall be grounds for revoking the franchise.

Acceptance of Franchise Terms

The company shall within 120 days of adoption of the franchise ordinance on second reading accept all terms and conditions of the franchise ordinance.

Revocation Procedure

If the franchise is revoked by the Council for failure to comply with any term or condition of this franchise, the company shall cease operations within 30 days of receiving notice of revocation and remove its equipment from public rights-of-way within 90 days. Upon the company's failure to do so, the Town shall have the right to remove the equipment and to draw funds from the letter of credit to cover such costs.

Before a decision to revoke the franchise, the Council shall adopt a resolution of intent to revoke the franchise with a statement of the reasons for revocation and shall cause a copy of the resolution to be delivered or mailed by first class mail to the company. The company shall have 30 days from receipt of the resolution to respond in writing to the Council's resolution of intent to revoke.

Transfer of Ownership

A change or changes in ownership of the WIC-Orange company cumulatively totalling a 10% or greater interest in the company shall be subject to approval by the Town Council within 120 days of receipt by the Town Manager of a request from the company for approval of such a change(s) in ownership.

This the 10th day of April, 1995. (First reading)

Item 4.2 - Information Reports

There was no discussion.

Item #5 - Special Use Permit Modification for

Southern Village Day Care Center

Development Coordinator J.B. Culpepper stated this proposal would allow a day care facility to locate on 1.25 acres of land. She stated one issue raised at the March 20 public hearing was the location of the parking lot. Ms. Culpepper said the proposed parking lot layout does meet current standards and the recommendation is to leave it on the side where it is proposed.

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

COUNCIL MEMBER PROTZMAN MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO ADOPT RESOLUTION R-7a. THE MOTION WAS ADOPTED UNANIMOUSLY.

A RESOLUTION APPROVING AN APPLICATION FOR SPECIAL USE PERMIT MODIFICATION FOR THE VILLAGE CORE STOREFRONT DISTRICT AND VILLAGE GREEN ENTRANCEWAY TRANSITION DISTRICT OF THE SOUTHERN VILLAGE FOR THE CHAPEL HILL DAY CARE CENTER FACILITY (95-4-10/R-7a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council finds that the Child Day Care Facility proposed by Bryan Properties, Inc. on property identified as Chapel Hill Township Map 126, Block A, Lot 4, if developed according to the site plan dated January 28, 1995 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; and

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

BE IT FURTHER RESOLVED that the Council hereby approves the application for Special Use Permit Modification for the Chapel Hill Day Care Center facility in accordance with the terms and conditions of the Special Use Permit approved on July 6, 1993 for the Southern Village - Southeast Tract - Village Core Storefront District and Entranceway Transition District - Mixed Use Planned Development and with the plan listed above and with conditions listed below:

Stipulations Specific to the Development

1. That construction begin by April 10, 1997 and be completed by April 10, 1998.

2. Required Improvements:

A. That Kildaire Road, Market Street and Main Street be completed according to Town specifications from the proposed day care center to the intersection of Highway 15-501 prior to issuance of a Certificate of Occupancy.

B. That the water connection from Carlton Drive be completed prior to issuance of a Certificate of Occupancy.

C. That the applicant provide one triple fire hydrant on the south side of Kildaire Drive at the entrance drive to the day care facility parking lot.

D. That the applicant provide a walkway connection between the day care facility and the Park/Ride Facility to be approved by the Town Manager.

Stipulations related to State and Federal Governmental 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.

Stipulations related to Landscape Plan Requirements

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

5. Landscape Plan: That a detailed landscape plan and landscape maintenance schedule be approved by the Appearance Commission and the Town Manager prior to the issuance of a Zoning Compliance Permit

Stipulations 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 by a registered professional engineer, showing that flows meet the minimum requirements of the Design Manual, be approved prior to issuance of a Zoning Compliance Permit.

8. Utility/Lighting Plan Approval: That the final utility/lighting plan be approved by Orange Water and Sewer Authority, Duke Power, Cablevision, Public Service Company, Southern Bell, and the Town Manager, before issuance of a Zoning Compliance Permit.

Miscellaneous Stipulations

9. Solid Waste Management Plan: That a detailed solid waste management plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

10. Detailed Plans: That final detailed site plans, grading plans, utility and lighting plans, stormwater management plans (with hydrologic calculations), and landscape plans and landscape maintenance plans be approved by the Town Manager before issuance of Zoning Compliance Permit or application for final plat approval, and that such plans conform to plans approved by this application and demonstrate compliance with all applicable conditions and the design standards of the Development Ordinance and the Design Manual.

11. 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.

12. Erosion Control: That a soil erosion and sedimentation control plan be approved by the Orange County Erosion Control Officer before 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 Special Use Permit Modification for the Chapel Hill Day Care Center facility in accordance with the plans and conditions listed above.

This the 10th day of April, 1995.

Item #6 - Erwin Ridge Subdivision

J.B. Culpepper said this subdivision application involves 44 acres of land off Erwin Road north of the Sage Road intersection. She said the two key issues were timing and responsibility for a portion of the Erwin Road improvements, and ownership of the required landscape buffers. Ms. Culpepper stated staff recommends that the developer be required to construct the improvements listed in Resolution A along all of the Erwin Road frontage. She said staff also recommends the developer be responsible for obtaining the necessary permits for construction of the Erwin Road improvements.

Mark Daley, the applicant, stated this is a good project and they would be happy with either resolution. He said they would like to see the landscape buffers stay within the individual lots, saying to do it otherwise is almost equivalent to a policy change for the Town. Mr. Daley said in regard to the other improvements to Erwin Road, they have offered to do the design work as well as the improvements to the 200-foot section of Erwin Road. He said as a practical matter, the concern about the potential delay has been addressed. Mr. Daley said this area is in the Resource Conservation District, is very steep and short, and to improve it would be awkward visually. He said if someone parks in this area, the site distance is inadequate for safety.

Council Member Capowski asked what type of housing would be built on this site. Mr. Daley said single-family residences.

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

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER WALDORF, TO ADOPT RESOLUTION R-8a. THE MOTION WAS ADOPTED UNANIMOUSLY.

A RESOLUTION APPROVING A PRELIMINARY PLAT APPLICATION FOR ERWIN RIDGE SUBDIVISION (SD 26-35) (95-4-10/R-8a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Erwin Ridge Subdivision, proposed by Civil Consultants for Mark Daley Investments, on property identified as Chapel Hill Township Tax Map 26, Lot 35, if developed according to the preliminary site plan dated September 30, 1994 (revised December 19, 1994), and the conditions listed below, would comply with the provisions of the Development Ordinance. These findings are based on the following:

Stipulations Specific to the Development

1. Required Improvements:

A. That Erwin Road be improved to one-half of a 51-foot cross-section with curb and gutter, bikelane, and sidewalk along the entire length of this property's frontage on Erwin Road. Phasing of the construction and surety bonding of Erwin Road improvements shall be allowed such that:

- the southern portion of the Erwin Road frontage shall be improved prior to issuance of the second Certificate of Occupancy;

- the northern portion of the Erwin Road improvements shall be constructed by the developer within three years of the issuance of the Zoning Compliance Permit for the subdivision development.

B. That a turn lane be provided in Erwin Road at the subdivision entrance.

C. That one-half of a 90-foot right-of-way be dedicated along the property frontage on Erwin Road, with 10' x 70' sight triangles at the subdivision entrance.

D. That a bus pad and bench be provided in the Erwin Road right-of-way north of the project entrance.

E. That Streets "A", "B", "C", and "D" be constructed to public street standards, with a 27-foot cross-section, with curb and gutter. Sidewalk shall be constructed along one side of all internal streets except Street "B". A 50-foot right-of-way shall be dedicated along all internal streets.

F. That the paved sidewalk for Street "D" be located on the east side of the street.

G. That, if the median in Street "A" is permitted by NCDOT, it shall be widened to support the growth of small trees and include provisions for subsurface drainage. The median shall be maintained by a Homeowners' Association.

H. That the streets be maintained by the Homeowners' Association until such time as the property is annexed into the Town.

I. That the public pedestrian and non-motorized vehicle easements in the greenway and the vicinity of Lot 22 be dedicated to the Town with the recordation of the final plat.

J. That direct auto access be prohibited from Erwin Road for those lots abutting the Erwin Road right-of-way, and that an access prohibition easement be included on the final plat.

K. That a 50-foot wide right-of-way be dedicated from the end of Street "D" to the southern property line so that a roadway connection to the adjacent property to the south could occur in the future. This dedication should be included on the final plat for the subdivision. At the end of Street "D", a sign shall be installed by the developer to indicate the street is subject to future extension.

2. Steep Slopes: That a detailed Steep Slopes plan be submitted, showing the potential buildable areas on the house lots, and committing to certain types of building foundations and construction techniques for those lots and house sites with slopes of 15% and greater. These restrictions shall be referenced in the Homeowners' Association documents.

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 with the Resource Conservation District be obtained before application for final plat or final plan approval.

5. Setbacks: That any restrictive covenant applicable to lots adjacent to the Resource Conservation District not require greater setbacks than those required by the Development Ordinance.

6. Buildable Lots: That no lot be created that would require a Resource Conservation District variance in order to be built upon.

7. Buildable Area: That the final plat indicate the buildable area on all lots which contain a portion of the Resource Conservation District. Buildable area shall include the portion of the lot outside the Resource Conservation District, floodplain, steep slopes, and building setbacks.

Stipulations Related to Recreation Area

8. Dedication of Recreation Area: That the final plat dedicate and deed the Recreation Area to the Town of Chapel Hill for Parks and Recreation purposes only. The developer or Homeowners' Association remains responsible for the recreation area until the Town accepts the property.

Stipulations Related to State and Federal Government Approvals

9. State or Federal Approvals: 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.

In the case of the Erwin Road improvements north of the Powell property, the Federal approvals may be submitted after the issuance of a Zoning Compliance Permit for the general site development, such that awaiting Federal permits for encroachment into the floodplain for road improvements and associated development would not delay the general development of the subdivision.

10. 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

11. Landscape Plan Approval: That a detailed landscape plan (including the buffer plantings) and landscape maintenance plan be approved by the Appearance Commission prior to the issuance of a Zoning Compliance Permit. The Landscape Plan shall include:

* a Type D buffer (minimum width 30 feet) along the Erwin Road frontage; and

* a Type B buffer (minimum width 10 feet) along the property line abutting land in the Residential-5 zoning district.

Existing vegetation may be used, partially or wholly, to fulfill the buffer planting requirements, where deemed sufficient by the Town Manager.

If the buffer areas on Lots 1-4, 40, and 41, are cleared and graded, they must be replanted to fulfill the Town's landscape buffer requirements prior to issuance of a Certificate of Occupancy for any of the affected lots. The replanting plan shall be subject to review and approval by the Town Manager.

12. Ownership of Landscaped Buffers: That the landscape buffers not be part of individual lots but be part of land owned and controlled by the Homeowners' Association.

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

Stipulations Related to Water, Sewer and Other Utilities

14. Stormwater Management Plan: That a stormwater management plan, based on the Town's Hydros computer model, be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

15. Fire Flow: That a detailed fire flow report be prepared by a registered professional engineer, showing that flows meet the minimum requirements of the Design Manual, to be approved prior to issuance of a Zoning Compliance Permit.

16. OWASA Easements: That easement documents as required by OWASA and the Town Manager be recorded concurrently with the final plat.

17. Utility Service Laterals: That prior to paving streets, utility service laterals (including cable and telephone) shall be stubbed out to the front property lines of each lot. Sanitary sewer laterals shall be capped off above ground.

18. Utility/Lighting Plan Approval: That a water and sewer extension plan be submitted for approval by OWASA and the Town Manager prior to issuance of a Zoning Compliance Permit.

That the final detailed utility/lighting plan be approved by Orange Water and Sewer Authority, Duke Power, Southern Bell or GTE, Public Service Company, Cablevision, and the Town Manager, before issuance of Zoning Compliance Permit. The property owner shall be responsible for assuring these utilities, including cable television, are extended to serve the development.

Miscellaneous Stipulations

19. Solid Waste Management:

A. That Town refuse collection service shall not be provided until annexation of the subject site into the Town limits. A note to this effect shall be provided on the final plat.

B. 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 the issuance of a Zoning Compliance Permit.

C. Curbside collection may be required for steeper lots, and a note to this effect shall be placed on the final plat.

20. Detailed Plans: That final detailed site plan, grading plan, utility/lighting plans, stormwater management plan (with hydrologic calculations), landscape plan and landscape maintenance plan be approved by the Town Manager before issuance of a Zoning Compliance Permit, and that such plans conform to the plans approved by this application and demonstrate compliance all applicable conditions and the design standards of the Development Ordinance and the Design Manual.

21. Homeowners' Association: That a Homeowners' Association be created that has the capacity to place a lien on the property of a member who does not pay the annual charges for maintenance of common areas, however designated. The Homeowners' Association documents shall be approved by the Town Manager, recorded at the Orange County Register of Deeds Office and cross referenced on the final plat.

22. Certificates of Occupancy: After the Town Manager approves a phasing plan for preliminary phases, no more than one Certificate 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 for the last phase, no Building Permits shall be issued for the last phase of development until the Erwin Road improvements north of the Powell property have been completed; and that a note to this effect shall be placed on the final plat.

The phasing plan shall indicate that the last phase shall consist of a certain number of lots, the combined assessed value of which equals the estimated cost of road improvements. The estimates for the road improvement cost and for the value of the lost shall be submitted to the Town Manager for review and approval.

23. Sight Triangle Easements: That sight triangle easements be provided on the final plat.

24. Traffic Signs: That the property owners shall be responsible for placement and maintenance of temporary regulatory traffic signs including street name signs before issuance of any Certificate of Occupancy until such time that the street system is accepted for maintenance by the Town.

25. Street Names and Addresses: That the name of the development and its streets and house numbers be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

26. Erosion Control: That a detailed soil erosion and sedimentation control plan be approved by the Orange County Erosion Control Officer and the Town Manager before issuance of a Zoning Compliance Permit.

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

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

29. Non-severability: If any of the above conditions is held to be invalid, approval in its entirety shall be void.

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for Preliminary Plat for Erwin Ridge Subdivision in accordance with the plans and conditions listed above.

This the 10th day of April, 1995.

Item #7 - UNC Boiler Plant

Town Manager Horton stated he believed the Council was aware of the University's efforts regarding handling of ash. Mr. Horton also said neighbors of the property as well as the University are still concerned about the noise level. He said in a recent tour of the facility, it was demonstrated that many of these noise problems have been dealt with, although some still exist. Mr. Horton said the second concern was the handling of ash and the reduction of emissions from this facility. He said the University has determined that it would be possible to completely enclose this facility simply by closing the doors, but it would produce intolerable conditions for employees working within this space. Mr. Horton said installing a ventilation system would improve the conditions within the work space, but a ventilation system would simply divert the particulates out the top rather than out the doors. He said emissions are far below the level permitted by the EPA, and believes the University has shown good faith in their efforts.

Mr. Bruce Runberg, speaking as the University's representative, stated that as a result of neighbors' complaints, noise reduction efforts were undertaken as well as reduction of ash. He said the air in and around the plant now meets or is well below allowable EPA levels. Mr. Runberg said he does not believe the University should have to spend $150,000 to $200,000 to install a ventilation system when simply leaving the doors open would accomplish the same thing. He said there is no regulation that would require the University to place a scrubber (air washer) on the ventilation system to remove particulates from the air.

Council Member Evans asked Mr. Runberg asked if the building were vented with a fan, would you then have to buffer the noise from the fan? Mr. Runberg stated yes, a fan would have to be installed to remove the steam, and it would create additional noise.

Wes Lawton stated he had reviewed the various reports that had been submitted and was gratified and encouraged to see the level of compliance that had been indicated by the University. He said he saw no need to install a filtering or ventilation system. Mr. Lawton said he knew that the North Carolina Division of Environmental Management had reviewed the testing system. He said their standard is the release of 50 pounds per hour into the atmosphere. Although the plant may release much less than that now, the amount could increase in the future to an unacceptable level.

Lightning Brown stated he represents Ms. Farrington of 611 Merritt Mill Road. He said neighbors had received compensation for damage to their property, but she was in the hospital during that time and is concerned that her home is still covered on the back side with black particulates. Mr. Brown said the University had not been cooperative when asked to at least help her clean her home. He said he wanted the Council to be aware that they are the protector of people like Ms. Farrington, and asked the Council to watch over carefully the environmental impacts of this facility and others like it.

Pierre Morell stated that in general there are not many complaints of ash emission being a problem. He said he and many of his neighbors accept the University's efforts and would like the focus to be on noise levels, which at this point seem to be lower than those coming from UNC Hospitals.

Council Member Capowski commented to Lightning Brown that he had toured the Boiler Plant and did not feel it was necessary to require the University install the a ventilation system.

COUNCIL MEMBER CAPOWSKI MOVED ADOPTION OF RESOLUTION R-9a, SECONDED BY COUNCIL MEMBER WALDORF.

Council Member Brown said she did not share that confidence and questioned the error rate by the EPA. She said she had distributed to the Council several articles which stated statistics showed

that even when EPA standards are complied with, deaths are still caused by pollutants in the air. Council Member Brown said she needed more assurance before she could approve this resolution. She said testing is for fine particles rather than the larger particles.

Mayor Broun stated that under the current Special Use Permit, the only thing the Council could require would be for UNC to close the doors of the ash loading facility, which means it would vent up instead of out. Town Manager Horton stated this was correct and said the Town Attorney had developed some language to include in the resolution.

Council Member Chilton commented on the letter from the EPA which states that the estimate of error in the mass emission rate figure is as much as a factor of 5, and suggests that the error may be higher than that, perhaps on an order of magnitude of two, which computes to 10 or 100 times. Council Member Chilton said if we added the language "not to exceed current levels", how do we know what the current level really is? He questioned what that language would really mean.

Mr. Runberg stated that when the consultant was originally brought in to evaluate the system, it was troublesome for them to estimate the amount of particulates. He said they then asked the environmental scientists on campus for help, and they found that the only way to more accurately measure the level of particulates was to install a ventilation system. Mr. Runberg said the comments from the EPA place the Boiler Plant well within the acceptable range, and commented that the letter quoted from by Council Member Chilton was rambling and nonspecific. He said that if the levels were as high was some think, it would be showing up in the air around the plant.

Council Member Chilton asked how could they be sure that they were within the levels proposed by EPA. Mr. Runberg stated that if the Council feels more testing is required, they would consider it.

Mayor Broun asked that if higher levels of particulates were found, how would they change the issue before the Council tonight, since we are only considering whether the doors remain open or are closed for upward venting.

Council Member Waldorf said she believes they are back to where the started, and remarked maybe the Council should work on the amended wording.

Mr. Karpinos stated the last "Whereas" paragraph could be modified to say, "Whereas, the reported estimated particulate emissions from the ash handling facility of .0162 pounds per hour are well below the permitted limits;"; and the final paragraph in the resolution could be modified to include, after the word University on the second line, to say "in its present operation of the Power Plant," and at the end of the sentence change the period to a comma and add ", provided that the University continues to operate the Power Plant with emissions not unreasonably exceeding the reported estimated present levels,".

Council Member Brown said when this item was brought before the Council in 1986 or 1987, the Council realized the main problem would be emissions. She said the Special Use Permits state ash handling would be done within an enclosed structure, and we should be concerned about this and would not want to go forward without more assurances.

Council Member Chilton asked the Attorney to read the amendment again. Mr. Karpinos complied.

THE MOTION WAS ADOPTED, AS AMENDED, WITH A 6-3 VOTE, WITH COUNCIL MEMBERS BROWN, CHILTON, AND POWELL VOTING NAY.

A RESOLUTION MAKING A DETERMINATION THAT THE PRESENT OPERATION OF THE ASH HANDLING FACILITY AT THE UNIVERSITY POWER PLANT MEETS THE REQUIREMENTS OF CONDITION #8 OF THE SPECIAL USE PERMIT (95-4-10/R-9a)

WHEREAS, The Associate Vice Chancellor for Facilities Management has requested that the Town Council rule that the present operation of the ash handling facility meets the requirements of Condition #8 of the Special Use Permit for the University Power Plant; and

WHEREAS, the intent of Condition #8, requiring all ash handling to be in an enclosed structure, was to reduce emissions; and

WHEREAS, a redesign of the ash handling structure that would allow the doors to be closed when the ash is being loaded into trucks would not reduce emissions; and

WHEREAS, the reported estimated particulate emissions from the ash handling facility of .0162 pounds per hour are well below the permitted limits.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council finds that the University in its present operation of the Power Plan, has fulfilled the requirement of Condition #8 of the Special Use Permit: "That structures on the site be designed such that all handling of coal, limestone and ash is done within enclosed structures, provided that the University continues to operate the Power Plant with emissions not unreasonably exceeding the reported estimated present levels."

This the 10th day of April, 1995.

Item #8 - Bids for Comprehensive Rehabilitation Work

at South Estes Drive

Town Manager Horton gave a brief overview of the item before the Council. He asked Housing Director Tina Vaughn to report.

Ms. Vaughn said the Council had before them tonight a resolution which would approve the bid from Resolute Building Company for rehabilitation work in the amount of $2,783,360, which is about $1,000,000 more than available funds. She said negotiations had taken place with Resolute to delete unnecessary items and to identify other areas that could be amended. Mr. Vaughn said after this work was completed, the final bid was brought down to $1,661,360.

Council Member Capowski said this brings the cost per unit to $40,000, and asked if we would have to do this again. Ms. Vaughn said it is hard to predict. Mr. Horton added that not all units are as old as these or as in poor condition. Council Member Capowski asked if we know whether we are getting a good price. Mr. Horton said we are not getting a good price, but we are getting the market price.

COUNCIL MEMBER WALDORF MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT RESOLUTION R-10.

Council Member Chilton stated he would vote against this resolution because he is opposed cutting out the sprinkler system and believes we should rebid the project.

THE MOTION WAS PASSED BY A VOTE OF 8-1, WITH COUNCIL MEMBER CHILTON VOTING NAY.

A RESOLUTION ACCEPTING A BID AND AWARDING A CONTRACT FOR THE REHABILITATION WORK AT SOUTH ESTES DRIVE PUBLIC HOUSING NEIGHBORHOOD (95-4-10/R-10)

WHEREAS, the Town of Chapel Hill has solicited formal bids by advertisement in The Chapel Hill News on January 29, 2995, and March 3, 1995, and the Challenger Newspaper on February 2, 1995, and in accordance with General States 143-128 for rehabilitation work; and

WHEREAS, the following bids were received and opened on March 10, 1995:

Single prime contract for entire project:

Contractor Bid Amount

The Resolute Building Company 2,783,360

Multiple prime contract to include renovations and site improvements:

General Contractor

The Resolute Building Company 2,233,000

Plumbing

Brown Brother Plumbing Company 152,320

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town accepts the negotiated bid and awards a contract to The Resolute Building Company in the amount of $1,661,360 for rehabilitation work at the South Estes Drive public housing neighborhood.

This the 10th day of April, 1995.

Item #9 - Assembly of Governments Meeting

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER WALDORF, TO ADOPT RESOLUTION R-11. THE MOTION WAS ADOPTED UNANIMOUSLY.

A RESOLUTION REGARDING AN ASSEMBLY OF GOVERNMENTS MEETING ON SOLID WASTE MATTERS (95-4-10/R-11)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council concurs with the proposal to hold an Assembly of Governments meeting on June 28 or 29 to discuss solid waste matters as proposed in a letter dated March 28, 1995, from the Chair of the Orange County Board of Commissioners.

BE IT FURTHER RESOLVED that the agenda, location, meeting date and time shall be determined by the chairs of the governing boards.

This the 10th day of April, 1995.

Item #10 - Tabled

Item #11 - Changes in Duplex Regulations

Mr. Horton gave a brief overview of the item. He stated that the Council had asked staff to report on concerns related by citizens regarding duplexes. Mr. Horton said recommended tonight is a resolution that would call a public hearing on June 19 on a proposal to adjust the definition of duplex dwelling units, a resolution that would include discussion of flag lots in the June 19 public hearing, and a resolution that would clarify the Council's intent regarding notification and information about subdivision applications. Mr. Horton said a key issue would be regarding rooming houses, for which a site plan review would be required. He said a duplex would be considered a rooming house if more than 3 unrelated individuals per side resided there.

Council Member Brown asked if we were talking about only existing structures, not structures proposed to be developed or under development at this time. Town Attorney Karpinos stated that the issue is when the Council acts to change the ordinance, there are some statutes and ordinances which give some persons vested rights to comply with current standards, not proposed standards. Mr. Karpinos said he could not be more specific unless we look at a particular development to see where in the development process it was, such as in the site plan review or some other stage. He said another matter is that we may be creating nonconformities if the ordinance is changed. Mr. Karpinos said this came up about three years ago when the definition of duplexes was changed.

Mr. Karpinos suggested amended language to be added to Resolution R-13a. He said under the "AMEND" section, the language could be changed to read "AMEND the definition of Duplex Dwelling Unit such that a duplex structure would be considered a rooming house if it contains:".

Scott Covens, the developer of a subdivision meant for duplexes, stated he had water and sewer already in the ground and some people were already living in the houses he was building. He said now he has a dilemma because the rules seem to be changing. Mr. Covens said he believes they are vested, because a good many of the homes in his development are sold and he should not be subjected to any change in duplex regulations at this late date.

Eric Chupp said they have two developments under construction at this time. He said they had received final plat approval under the assumption that they would be able to subdivide, but they were recently told that the regulations for minor subdivisions may change. Mr. Chupp said therefore they are very concerned about this proposed change in regulations. He said they would not have gone into these two projects they are in now if they had not been given zoning compliance permits and given the go-ahead by Town staff. Mr. Chupp said he feels these two developments may be jeopardized by any change in the regulations at this time, unless the projects under development now are vested.

Jim Tate, attorney for Columbia Place and Erwin Village, said Columbia Place consists of 62 units being constructed on 30 lots. He said these lots were designed to comply with duplex regulations, and the plan is to take each structure and conform it to townhouse regulations and redivide them into townhouse lots. Mr. Tate said Erwin Village is 32 units on 16 lots. He said he was confused as to what the actual definition of a rooming house might be, and suggested some clarifying language be added.

Attorney Grainger Barrett stated he had some clients who were affected by these proposed changes. He stated his concern that duplex zones may inadvertently be created by these changes. Mr. Barrett asked that the Council favorably consider Resolution A, as they avoid the concerns of his clients.

Henry Whitfield stated he subdivided his property years ago, and his lots were now flag lots. He said he had no intention at that time of creating duplexes, but his concern now is that he had made a commitment to move to a retirement community and needed cash for that move and was therefore selling his lots. Mr. Whitfield said the proposed changes may cost him a great deal of money, and asked that his lots be exempted from these proposed changes. He suggested the Council move more slowly regarding these changes.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER WALDORF, TO ADOPT RESOLUTION R-13a, AS AMENDED.

Council Member Powell asked how this resolution was affect Mr. Whitfield's lots. Mr. Horton commented that his lots already exist and they would not be affected.

Council Member Capowski stated he believes the main issue is not necessarily the number of people living in a dwelling, but the number of cars parked.

Mayor Broun commented that these issues would be addressed during the June 19 public hearing.

THE MOTION WAS ADOPTED UNANIMOUSLY.

A RESOLUTION CALLING A PUBLIC HEARING TO CONSIDER CHANGES TO THE DEFINITION OF DUPLEX DWELLING UNIT (95-4-10/R-13a)

WHEREAS, the Town Council adopted a Resolution on March 27, 1995, calling a Public Hearing and directing the Manager to provide information regarding subdivision activity; and

WHEREAS, it has come to light that the form of the resolution adopted on March 27 creates difficulties not intended by the Council;

NOW, THEREFORE, BE IT RESOLVED that the Council hereby revises the March 27 Resolution such that a Public Hearing is called for June 19, 1995, at 7:00 p.m., in the Chapel Hill Town Hall, to consider amending the Chapel Hill Development Ordinance in the following manner:

AMEND the definition of Duplex Dwelling Unit such that, a duplex structure would be considered a rooming house if it contains:

- more than 3 bedrooms per side;

- more than 2,500 square feet of floor area per side;

- more than 3 bathrooms per side; or

- provisions for more than two off-street parking spaces per side;

And that a duplex structure intended for occupancy by more than three people per side not related by blood, adoption, or marriage shall be considered a rooming house;

And that a duplex that is occupied by more than three persons per side not related by blood, adoption, or marriage shall be considered to be a rooming house.

This the 10th day of April, 1995.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER WALDORF, TO ADOPT RESOLUTION R-13b. THE MOTION WAS ADOPTED UNANIMOUSLY.

A RESOLUTION CALLING A PUBLIC HEARING TO CONSIDER CHANGES TO FLAG LOT REGULATIONS (95-4-10/R-13b)

WHEREAS, the Chapel Hill Development Ordinance contains language that permits flag lots to be created as a component of minor subdivision applications; and

WHEREAS, it has been suggested to the Council that allowing flag lots in minor subdivisions can create negative impacts on a neighborhood in which such subdivision activity might take place;

NOW, THEREFORE, BE IT RESOLVED that the Council calls a Public Hearing for June 19, 1995 at 7:00 p.m. in the Chapel Hill Town Hall. The purpose of this hearing shall be to consider amending Section 17.7.6 of the Development Ordinance to place restrictions on the creation of flag lots in minor subdivisions, such restrictions being the same or substantially similar to those which apply to major subdivisions.

This the 10th day of April, 1995.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER WALDORF, TO ADOPT RESOLUTION R-13c. THE MOTION WAS ADOPTED UNANIMOUSLY.

A RESOLUTION DIRECTING THE TOWN MANAGER TO MAKE INFORMATION AVAILABLE REGARDING SUBDIVISION ACTIVITY (95-4-10/R-13c)

WHEREAS, the Chapel Hill Town Council has received a report describing concerns about current development regulations and processes;

NOW, THEREFORE, BE IT RESOLVED that the Town Council directs the Town Manager to require notification of property owners within 500 feet of a proposed minor subdivision.

BE IT FURTHER RESOLVED that the Council directs the Manager to implement the following procedure:

When an application for minor subdivision is submitted and accepted for land within any of Chapel Hill's Historic Districts, the Town Manager shall, within two working days of acceptance of the application, mail notification of the application to members of the Chapel Hill Historic District Commission.

When information about exempt subdivision activity becomes known to the Town Manager, notification of such activity shall be sent to members of the Historic District Commission within two working days of the receipt of such information.