MINUTES OF A PUBLIC HEARING HELD BY THE MAYOR AND COUNCIL OF THE

TOWN OF CHAPEL HILL, NORTH CAROLINA, WEDNESDAY, OCTOBER 18, 1995

Mayor Broun called the proceedings to order, noting that there were a total of three hearings on this evening's agenda. Council Members in attendance were Joyce Brown, Mark Chilton, Pat Evans, Lee Pavao, Barbara Powell, Jim Protzman and Rosemary Waldorf. Council Member Joe Capowski was absent excused.

Item 1 Home Occupations Permit DOTA

Long-Range Planning Coordinator Jennie Bob Culpepper presented an overview of the possible text amendment concerning the use of residences for home occupations.

Planning Board Chairperson Mary Reeb stated that the Town had fairly liberal regulations permitting home occupation activities in private residences. Ms. Reeb said that the Planning Board concurred with Manager's recommendation.

Stating that many communities had stronger regulations than the Town concerning home occupations, Rhoda Wynn commended staff for their study of the matter. Ms. Wynn urged the Council to adopt a reasonable ordinance for the good of all citizens.

Bud Parsons, a Town resident of thirty-five years, said he had a number of concerns about home occupations contributing to the decline of quality of life in some neighborhoods. Mr. Parsons requested that the Council consider the advantages of providing advance notices to interested citizens regarding future home occupation permit applications.

Matthew Parker said he opposed the proposed text amendment regarding home occupations. Mr. Parker stated that his wife had recently moved her business out of her home and in to a commercial establishment. Mr. Parker also stated that he was seeking commercial space for a business, rather than opening his business in his family's residence. Expressing grave concern for the safety of children and pedestrians, Mr. Parker urged the Council not to adopt the proposed text amendment.

Bob Vaillancourt said he resided in a neighborhood which did not have any protective covenants regarding matters such as home occupations. Mr. Vaillancourt stated that his principal concern was about client-driven, heavy traffic producing businesses in residential areas. He suggested that the Council consider the possibility of categorizing neighborhoods by road types such as "thoroughfare, residential, cul de sac, etc." relative to home occupations. Mr. Vaillancourt distributed a handout to the Council expressing his concerns relative to the proposed text amendment.

Senna Degraffenreidt, owner of a home business on South Lakeshore Drive for over ten years, said she disagreed with the Planning Board's recommendation concerning advertising signs of three square feet or less. Ms. Degraffenreidt expressed concern that the signs might contribute to visual clutter. She urged the Council not to permit commercial establishments to destroy the character of the Town's residential neighborhoods.

Steve Manton said he opposed any changes in the Development Ordinance concerning home occupations. Noting that both he and his wife were self-employed, Mr. Manton urged the Council to maintain current regulations for home businesses. He suggested that the Council could perhaps enact revisions to limit home businesses to no more than one employee, as well as the types of businesses permissible in residential areas.

Eileen Bristol said that home businesses allowed people to be near their children, home and family. She also stated that there were many home businesses which require no or few clients to come to the businessperson's home. Stating that the existing ordinance was vague with respect to traffic, Ms. Bristol said that the ordinance should address the total impact of home businesses. She also stated that it was important to design an ordinance which would be enforceable. Ms. Bristol suggested that the possibility of mediation concerning home occupation matters be explored.

Mark Eisen said despite the continuous resonation of parking and traffic concerns, these were not issues relative to home occupations. He stated that several Board of Adjustment members had made numerous site visits to his office and had stated that parking and traffic were not excessive in the area. Dr. Eisen stated that the reasoning behind a proposed requirement for a maximum of two parking spaces was unclear. He suggested that a mediation team could possibly be formed to address home occupation matters.

Adrian Helpern, a local immigration attorney, said many of his clients were from countries where people typically worked out of their own homes. He stated that home offices were an increasingly prevalent trend, contributing to reduced traffic and pollution.

Mr. Helpern also stated that he had reviewed the Planning Board's recommendation and had found it to be reasonable. Saying that he would find it useful to have up to three people working in his home business, Mr. Helpern stated that the proposed two parking space limit was unreasonable.

Lisa Stuckey, a resident of Virginia Drive, said her husband ran a business out of their home. Ms. Stuckey also said that it was very important that home business owners not upset or annoy their neighbors with their business operations. Ms. Stuckey stated that home businesses offered the benefits of reducing rush hour traffic and letting parents stay at home with their children. She also stated that signs for small business operations in neighborhoods were inappropriate. Ms. Stuckey urged the Council to adopt ordinances helping neighborhoods and businesses.

Margaret Crandall, 1920 South Lakeshore Drive, a member of the Home Business and Professional Association, said she had not found any problems relative to Dr. Eisen's business on South Lakeshore Drive. Stating that unreasonable rules would be overlooked, Ms. Crandall suggested that mediation sessions were crucial to addressing the concerns of all parties relative to home occupation regulations.

Lewis Miles, 412 Sharon Road, stated that some types of home occupations could be disruptive in single-family neighborhoods. He stated that three home businesses in his neighborhood, a dog kennel, a day care center and a software business, had all been disruptive to neighborhood residents at different times. Mr. Miles expressed concern about the potential for some abuses relative to home occupations.

Doris Wilson, a resident of Church Street, said she had operated a day care center out of her home for three years. Ms. Wilson noted that she had recently received national accreditation to operate this business. Ms. Wilson also said she believed that some businesses could be operated out of homes while maintaining the privacy of area residents. She requested that the Council support the recommendation of the Chapel Hill Professional and Business Association.

Hope Sachs, a member of the Orange County Family Child Care Association, said the community had a strong need for day care services for very young children. Ms. Sachs said she had spoken to a number of other local child care providers who believed that the proposed ordinance was a good one. Ms. Sachs requested that the proposed ordinance be amended to allow the employment of a second, non-residential employee on an occasional basis.

Doug Gould said he had operated several home businesses in other states and in other parts of North Carolina. Mr. Gould also said he found the proposed restriction of one employee per business to be too difficult. Regarding the proposed ban of deliveries to home business residences, Mr. Gould stated that it would be impossible to differentiate between different types of deliveries to private residences. Mr. Gould said he favored the initiation of a mediation process to make matters more viable for all parties.

Planning Board Member Scott Radway said he did not support the proposal for off-street parking to the detriment of lawns and yards. He suggested that any home businesses requiring more than two off-street parking spaces could request variances from the Board of Adjustment. While holding a three-square foot sign as a visual aid, Mr. Radway said he believed that it was reasonable to permit such signage for home businesses.

Danny Wallace stated that he and his wife had operated a business out of their home for several years without receiving any complaints about the operation. Mr. Wallace stated that if any complaints were received, he and his wife would attempt to resolve the concern by talking with their neighbors. Mr. Wallace said he believed it was very likely that his two teenage daughters generated more traffic on their neighborhood's streets than did the Wallace's home business.

Mary Ann Cook, 1917 South Lakeshore Drive, said she operated a business from her home via computer links. Ms. Cook noted that she was very fond of the Town and liked its progressive nature. Stating that neighborhood residents deserved protections, Ms. Cook suggested that businesses with three employees generating twelve or more cars per day should be located in commercial areas. Ms. Cook also urged the Council to consider a better permit application process to avoid future confrontations.

David Freeman, a local psychiatrist, said that he and his wife, a clinical social worker, had both worked out of their home for about twenty-five years. Dr. Freeman said he had only received two complaints during this period, one concerning a patient who was driving too fast and the other related to lack of signage of the Freeman's residence/business. Dr. Freeman stated that the proposal concerning signage was a good one. He also said it would be a good idea to provide flexibility regarding the provision of off-street parking for home businesses.

Stating that home business operations provided opportunities to many people, Harvey Reid said he strongly supported the idea of mediation to resolve any areas of discord. Mr. Reid said it was critically important to strike a balance between helping home businesses survive and protecting individual neighborhoods. Mr. Reid stated that signs could be beautiful if their preparation were handled professionally.

Council Member Protzman requested that the staff's follow-up report contain information about whether or not day care facilities were considered similar to other types of home businesses. Council Member Protzman said he was personally willing not to have a "one size fits all" solution if family day care homes would not be workable in this context.

Council Member Powell asked whether there was any deadline for a decision on this matter. Mr. Horton said there was no deadline. Council Member Powell suggested the possibility of establishing a mediated citizen's group which could make recommendations to the Council about home occupations.

Council Member Chilton said he thought this was a good suggestion since this evening's hearing format was not conducive to probing the subtleties of the variety of types of home businesses.

Stating that it appeared that there were a lot of people who were not very far apart on home occupation matters, Mayor Broun said he agreed with the sentiment of Council Member Powell's suggestion.

Council Member Powell said it was very important that the Town have strong ordinances to deal with the possible new wave of home business enterprises. She urged the Council to take its time to address the matter properly.

Noting that most of these evening's speakers agreed about the need to protect neighborhoods and home businesses, Council Member Brown inquired about the process for getting interested persons together and for selecting a mediator. Mr. Horton stated that the Noise Ordinance Review Committee could possibly serve as a model for this matter. He noted that this process had involved engaging a process facilitator for a short period of time. Mr. Horton stated that the facilitator had worked with a group of citizens to develop specific recommendations to the Council regarding noise ordinance measures.

Council Member Chilton said that a mediation process involving interested citizens could potentially save staff time, rather than requiring more.

Council Member Waldorf said she liked the idea of having a facilitator attempt to strike a balance in a mediation process.

She inquired how the mediation group could be put together. Mr. Horton said the staff's follow-up report could outline options for putting together a mediation group.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO REFER THE MATTER TO STAFF FOR OPTIONS AND SUGGESTIONS.

Council Member Evans noted that a large number of Town residents had home occupations. Mayor Broun suggested that the Council could advertise for committee membership in the future.

THE MOTION TO REFER WAS ADOPTED UNANIMOUSLY (8-0).

Item 2 1997-2003 Transportation Improvements Program

Senior Transportation Planner David Bonk stated that there was full or partial funding for the top six projects in the proposed Transportation Improvements Program (TIP). He also stated that up to $100,000 of Section 3 and Section 9 funding was available for public transportation capital projects. Mr. Bonk noted that there was also funding for four bicycle or pedestrian projects.

Planning Board Chairperson Mary Reeb presented an overview of the Board's recommendations, including bicycle lanes on Smith Level Road between Culbreth Road and the Chatham County line.

Transportation Board Chairperson Richard Franck said the Board strongly recommended that the Transportation Advisory Committee continue negotiations for local decisionmaking authority relative to TIP projects with State Department of Transportation officials. Mr. Franck noted that the Town's Transportation Planning staff had done a very good job of taking into account the Transportation Board's wishes in developing the proposed TIP.

He also stated that the Board felt that proposed widening of Interstate 40 was not needed since the potential for ridership of the Triangle Transit Authority (TTA) was not being maximized.

Mr. Franck also said it was important that the Town work with employers to encourage greater use of alternate transportation modes.

Ed Harrison, a Board Member of the Cross-Community Association,

stated that the proposed Pope Road/Ephesus Church Road bicycle lane project essentially involved one thoroughfare. Noting that many people used this roadway corridor for recreation purposes, Mr. Harrison also stated that traffic counts for the roadway were more or less doubling annually.

Joan Bartel, a resident of South Columbia Street, said she felt a sense of frustration that bicycle and pedestrian projects for South Columbia Street were not moving ahead more quickly and were not listed as higher priorities in the proposed TIP. She requested the Council's support in securing bicycle lanes and sidewalks linking the Southern Village area to the South Columbia Street corridor. Ms. Bartel also inquired why the estimated cost estimate for the project was $2.7 million, including $1 million for right-of-way acquisition. Mayor Broun requested a staff response concerning the status of the South Columbia Street project. Mr. Bonk stated that Town Engineering staff had been unable to determine how the State Department of Transportation had determined cost estimates for the proposed improvements. He also said that although the South Columbia Street project was eligible for direct allocation funds, the Transportation Advisory Committee had tended to fund smaller projects with these funds.

Council Member Evans inquired about direct allocation funds for the reconstruction of sidewalks in the 100 block of Franklin Street. Mr. Horton said it was difficult to have funds allocated for reconstruction, especially sidewalks, since these were considered to be maintenance items.

Council Member Brown inquired about the status of pedestrian and bicycle access from the Southern Village site to South Columbia Street. Mr. Bonk said the developer was in process of revising plans for these connections. Council Member Brown asked whether these plans would be completed early next year. Mr. Bonk said he believed this would be the case. Mr. Horton added that the developer was meeting with State Department of Transportation officials to determine the safest routes.

Council Member Brown inquired whether four-foot bicycle lanes were proposed along Estes Drive. Mr. Horton said this was correct.

Mayor Broun noted that the State was not providing matching funds with federally-funded transportation projects. He also said that design and administration costs for roadway projects were being passed along to local governments. Mayor Broun said the Transportation Advisory Committee needed to continue to be vigilance about State matching funds for these projects.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO REFER THE MATTER TO STAFF. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Item 3 Project Home Start SUP Modification

Parties wishing to testify in the matter were sworn by the Town Clerk. Mr. Horton noted that many local groups, including Orange County, were involved with the proposed project.

Development Coordinator Jennie Bob Culpepper said that Orange County had received rezoning approval for the subject property about one year ago. She stated that Orange County was proposing to construct three buildings on the site with one point of access. Ms. Culpepper noted that staff recommended approval of the applicant's request. She also stated that if the units were occupied prior to the completion of improvements to Homestead Road, staff recommended that sidewalks be constructed in concert with the proposed Project Home Start project.

Peggy Pollitzer, President of the Interfaith Council (IFC) Board of Directors, stated that the proposed Project Homestart project would provide shelter and food for homeless families, especially women and children in a residential type setting. Ms. Pollitzer said that dormitory settings were especially undesirable for children. She stated that the three proposed buildings were designed to accommodate twenty persons each. Ms. Pollitzer noted that the IFC's co-partner in the project was the Orange-Durham Battered Women's Coalition.

Betty Wolfe, President of the Orange-Durham Battered Women's Coalition Board, thanked the Council for its past support of her agency. Ms. Wolfe stated that the Coalition was very excited to work with the IFC in education and prevention programs about domestic violence. She also stated that the Coalition was very committed to establishing a presence in Orange County to assist victims of domestic violence.

Gary Giles, the project architect, said the three-acre site for the proposed facility was being leased to the Interfaith Council and the Orange-Durham Battered Women's Coalition by Orange County. Mr. Giles stated that the applicants were seeking the modification of an existing special use permit for a thirty-five acre tract bounded by the Horace Williams tract and Homestead Road. He noted that the proposed three buildings would be consistent with the contour of surrounding lands. Mr. Giles stated that although water and gas services were available to the site, it would be necessary to install a lift pump station to access sewer service. Mr. Giles stated that the Coalition would occupy the westernmost building on the site, while the IFC residential facilities would be housed in the other two buildings. He also presented an overview of floor plans for the buildings and a general site plan orientation. Mr. Giles also noted that a single access point to the site was proposed as a means of providing greater security.

Planning Board Member Mary Reeb said that the Board believed that the proposed project was a very meritorious one and recommended its approval. She added that the Planning Board, Design Review Board and Appearance Commission had all recommended the possibility of developing a master land-use plan for the entire thirty-five acre tract.

Reverend Robert Seymour stated that the Project Home Start proposal was another illustration of the IFC's effort to take the initiative in addressing difficult community issues. He stated that proposed national welfare reforms would make it quite likely that the number of homeless persons would increase in coming years. Reverend Seymour said the proposed project would be located next to the proposed Southern Orange County Government Center. He also stated that there was an urgent need for a Battered Women's Shelter in Orange County. Noting that grants provided two-thirds of the project's capital costs, Reverend Seymour stated that the IFC was in the process of raising $400,000 in the private sector to cover the balance of the project's estimated costs. He urged the Council to approve the proposed project.

Orange County Commission for Women Director Lucy Lewis stated that Project Home Start had brought together a number of community agencies for a collaborative effort, including the United Way, Town of Carrboro, Town of Chapel Hill, Orange County, Orange Congregations in Mission, Interfaith Council and the Orange-Durham Coalition for Battered Women. Ms. Lewis stated that Project Home Start would provide a comprehensive self-sufficiency plan for its clients. She also said that Project Home Start would be a good neighbor to the proposed Orange County Government Center on Homestead Road and would fit in well with the surrounding neighborhood.

Kimberly Brewer requested that a proposed interior pedestrianway connection between the Government Center and the Project Homestart facility be eliminated as a means of enhancing client security and confidentiality. Mayor Broun inquired whether Ms. Brewer was requesting deletion of item 3 from the proposed conditions of approval. Ms. Brewer said this was correct.

Bessie Elmore stated that community shelters were a very important resource for women who were victims of domestic violence and abuse. Ms. Elmore said that such a shelter had been instrumental in saving and changing her life positively. She also said that shelters offered a safe place for domestic violence victims to gather themselves and their thoughts, restoring self-esteem, and receiving counseling and information about job opportunities. Ms. Elmore requested the Council's support of the Project Home Start project.

Mayor Broun requested that the staff's follow-up report respond to Ms. Brewer's concerns about the proposed internal pedestrian connection between the Government Center and the Project Home Start facilities.

Referencing the proposed conditions of approval, Mr. Giles said the IFC and Orange-Durham Coalition requested that proposed stipulation number 2 be amended so that sidewalk construction occur simultaneously with construction of the Southern Orange County Government Center. Mr. Giles said there would not be a strong need for a sidewalk along Homestead Road until the facility was opened for operations. Mayor Broun requested that staff follow up on this matter.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO REFER THE MATTER TO STAFF, FOR PREPARATION OF A FOLLOW-UP REPORT AT THE COUNCIL'S NOVEMBER 13TH MEETING. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER WALDORF, TO CONCLUDE THE REGULAR MEETING AND MOVE INTO CLOSED SESSION TO DISCUSS LITIGATION MATTERS. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Mayor Broun said no public report would follow the session.

The meeting concluded at 9:18 p.m.

Minutes of closed session of Town Council

The Council met in closed session to discuss with the Town Attorney the pending Equal Employment Opportunity Commission charge filed against the Town by Town employees who are members of the Black Public Works Association (BPWA) and a questionnaire had been distributed by the BPWA to candidates for Town office. The Attorney noted that some parts of the questionnaire related to matters that were the subject of the pending federal EEOC investigation. The Attorney further noted that the EEOC proceeding is a preliminary step to a possible lawsuit. The Attorney asked Council members who had received the questionnaire to be mindful of these concerns in preparing any responses to the questions submitted.