MINUTES OF A REGULAR COUNCIL MEETING OF THE MAYOR AND COUNCIL OF

            THE TOWN OF CHAPEL HILL, NORTH CAROLINA

             WEDNESDAY, MARCH 13, 1996, 7:00 P.M.

 

Mayor Waldorf called the meeting to order.  Council Members in attendance were Julie Andresen, Joyce Brown, Joe Capowski, Mark Chilton, Pat Evans, Richard Franck, Lee Pavão and Barbara Powell. Also in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Finance Director James Baker, Planning Director Roger Waldon, Public Works Director Bruce Heflin and Town Attorney Ralph Karpinos.

 

There were no ceremonies.

 

            Item 2  Public Hearing on Bond Matters

 

Finance Director James Baker stated that a notice of the proposed bond sale had been published in The Chapel Hill News on March 4th.  He stated that the Town's bond counsel estimated that the savings from the proposed bond refinancing would total about $360,000.  Mr. Baker said that staff was also recommending the issuance of $7,180,000 public improvement bonds in early April.  Mr. Baker also said that staff recommended that a Council Member open the public hearing in order to receive citizen comments this evening.

 

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO OPEN THE PUBLIC HEARING.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Mayor Waldorf inquired whether any citizens wished to speak on the bond matter.  Hearing none, Mayor Waldorf asked whether there were any questions or comments by Council Members.  Council Member Andresen asked whether the projected savings were net of related costs.  Mr. Horton said that this was correct.

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO CLOSE THE PUBLIC HEARING.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO MOVE THAT THE TOWN COUNCIL OF THE TOWN OF CHAPEL HILL ADOPT, WITHOUT CHANGE OR AMENDMENT, AND DIRECT THE TOWN CLERK TO PUBLISH AS PRESCRIBED BY THE LOCAL GOVERNMENT BOND ACT, THE BOND ORDER ENTITLED 'BOND ORDER AUTHORIZING THE ISSUANCE OF $7,400,000 GENERAL OBLIGATION REFUNDING BONDS OF THE TOWN OF CHAPEL HILL' INTRODUCED AT THE MEETING OF THE TOWN COUNCIL ON FEBRUARY 26, 1996.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

                       Item 3  Petitions

 

Gail Grossman presented a petition on behalf of the Chapel Hill High School Orchestra, noting that members of the Orchestra had been invited to provide musical entertainment at Austria's 1000th birthday celebration later this year.  Ms. Grossman was accompanied by a string quartet during her remarks.  A copy of Ms. Grossman's petition is on file in the Town Clerk's Office.

 

Mayor Waldorf stated that persons wishing to do so could forward donations for the Orchestra's trip fund to Chapel Hill High School, in care of the Orchestra.

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO RECEIVE AND REFER THE PETITION.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Mayor Waldorf noted that staff would prepare a follow-up resolution on this matter, for future Council consideration.

 

Adele Neumann, a resident of the Culbreth Park subdivision, presented a petition concerning a proposal by Habitat for Humanity to construct two additional homes in Culbreth Park.  Ms.  Neumann stated that Culbreth Park residents would hold a follow-up meeting concerning Habitat's proposal prior to the Council's public forum on March 27th.

 

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

 

Referencing the matter of late night Council meetings, Council Member Andresen said it was important that the Council not sacrifice quality of review relative to the length of meetings.  She suggested that the Council might wish to consider the possibility of not taking up any new items after 11:00 p.m., a model followed by the Orange Water and Sewer Authority (OWASA) Board.  Council Member Andresen said if there was not general agreement on this matter, Mayor Waldorf might wish to appoint a committee to make recommendations on this matter.

 

Council Member Powell inquired what would happen to items not discussed by 11:00 p.m.  Council Member Andresen said such items would carry over to the next regular meeting.  Expressing concern for persons who had to wait for their items to come up for discussion, Council Member Evans noted that a Council committee on efficiency was visiting with other municipalities about their meeting procedures and would report back to the Council in April.  Council Member Andresen said she thought this committee was examining Council committee type matters.

 

Mayor Waldorf inquired whether there were any objections to receiving Council Member Andresen's petition concerning a review of ways to address the duration of Council meetings.  There were no objections.  Council Member Pavão said he thought that the Council had moved its meeting starting time from 7:30 p.m. to 7:00 p.m. with the objective of concluding meetings by no later than 10:30 p.m.  Mayor Waldorf suggested that the Council receive the petition for Council Member Andresen, herself and other Council Members to review ways to lessen the duration of Council meetings.

 

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO ACCEPT AND REFER THE PETITION TO MAYOR WALDORF.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER BROWN, FOR STAFF TO PREPARE A BRIEF REPORT ON THE POSSIBLE RESTRIPING OF BICYCLE LANES ON CAMERON AVENUE.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Council Member Capowski requested that staff prepare a report concerning on and off-street parking in the vicinity of the 411 West Franklin Street restaurant.  Council Member Andresen requested that the report include information about revenues lost if no tickets were issued in the area after 7:00 p.m.

 

                   Item 4.1  Consent Agenda

 

Council Member Capowski requested removal of item a for discussion.  Council Member Andresen requested removal of item b for discussion.

 

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

 

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS (96-3-13/R-1)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the following resolutions as submitted by the Town Manager in regard to the following:

 

     a.   Project Turnaround (R-2).

     b.   Proposed process for allocating hotel-motel tax funds (R-3).

     c.   Proposed 1996 legislative program (R-4).

 

This the 13th day of March, 1996.

 

 

A RESOLUTION ADOPTING THE CHAPEL HILL TOWN COUNCIL'S LEGISLATIVE PROGRAM FOR 1996 (96-3-13/R-4)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council requests that the legislative delegation consider the following requests for legislation and the following policy statements for 1996 and future years.

 

 

 

A.   Policy Statements

 

     1.   That State-wide funding for local fire protection services to State properties, including the Town's services to the University and UNC Hospitals, be maintained and if possible increased to cover a greater portion of these service costs; and that the Governor's recommended budget include increased State-wide funding for fire protection.

 

              Comments:  The Town now receives $296,000 annually from the State. About 30% of fire calls in recent years have been from the University and Hospitals.  The present $296,000 amount covers roughly one-third of the Town's annual operating, capital and overhead costs for fire protection service to the University and Hospitals.

 

     2.   That the General Assembly continue and if possible increase the State's annual grant funding to support public transit services; that local governments and regional transit authorities have access to new and expanded local option revenue sources as alternatives to the property tax; and that the Governor's recommended budget include increased State-wide funding for public transit.

 

              Comment:  The Council has in past years supported increased State transit funding.  The suggestion that new local option revenues be available is new.  A commission appointed by the Governor has begun work on future transportation needs.

 

     3.   That State funding for construction of public schools be increased; that county governments and Boards of Education have the flexibility to use new kinds of local option revenue sources, as alternatives to the property tax, for funding school construction; and that the General Assembly authorize a school construction bond referendum.

 

              Comment:  The need for adequate school facilities is a key issue in the community.  A legislative study commission will develop recommendations to the General Assembly later this year.

 

     4.   That the General Assembly continue to consider the need for greater home rule (greater flexibility for elected local governing boards to adopt new kinds of revenue sources, ordinances and other policies and services).

 

              Comment:  The Council has made this request in past years.

 

     5.   That the General Assembly revise the formula for allocating annual funds to regional, county and municipal libraries so that all of these funds are provided on the basis of an equal amount per person served by a Library; and that equity be achieved by increased funding for municipal libraries and without a reduction in present grants to county and regional libraries.

 

              Comment:  Present law allocates part of the annual State funding for public libraries on an equal per-person basis, but most of the State funds are allocated only to county and regional libraries.  The latter policy affects nine municipal libraries eligible for State funds.

 

          An effect of the present formula is that the 1994-95 State funding for the Hyconeechee regional library in Hillsborough equalled about $2.45 per person ($275,440 for 112,010 people served) but the Chapel Hill allocation equalled $.58 per person ($24,512 for 41,918 people in the Town).

 

          Because changing the formula would involve revising State-wide law, the Council believes it is unlikely that the legislature would consider this proposal in the 1996 short session.  But the Council believes it is useful to raise this issue for consideration in future years.

 

     6.   That the General Assembly continue in 1996 and future years the $2 million increase adopted in 1995 for support of public libraries; and that the Governor's recommended budget include continuation of this funding.

 

              Comment:  We understand that continuation of the 1995-96 funding increase is not part of the presently adopted State budget for 1996-97.

 

B.   Requested Local Bills

 

     7.   That the Council have flexibility to designate certain misdemeanors as infractions.

 

              Comment:  This item came up initially last fall in the context of how to treat violations of the present Town ordinance on public possession and consumption of alcohol.  The Council believes that local governments should have the flexibility in general to designate ordinance violations as infractions, which do not create a criminal record.

 

     8.   That, subject to support of or no objection to this request by all localities in Orange County, water and sewer service area agreement(s) be binding upon the parties to such agreement(s), once approved by the participating local entities.

 

              Comment:  The OWASA Board has suggested requesting this legislation to make such agreements more permanent than they would be without State legislation to make an agreement binding.

 

BE IT FURTHER RESOLVED that the Council authorizes the Mayor to provide copies of this legislative program to the delegation, to the Governor and to the NC League of Municipalities.

 

BE IT FURTHER RESOLVED that the Council authorizes the Town Attorney to prepare for submittal by the Mayor a draft local bill regarding designation of Town ordinance violations as misdemeanors.

 

This the 13th day of March, 1996.

 

                 Item 4.2  Information Reports

 

Council Member Andresen requested that the Council discuss item d.

 

Ed Devaney, a member of the Human Services Advisory Board, said that Board Chair Donald Shaw and the Board members had worked hard to develop human services funding recommendations for the Council's consideration.  A copy of the Board's report is on file in the Town Clerk's Office.  There were no questions or comments by Council Members.  Mayor Waldorf expressed appreciation to the Board for their work on the human services funding recommendation report.

 

Council Member Powell inquired whether any citizens wished to speak on item d.  She suggested that the Council consider discussing the item at this time, rather than later in the meeting.  Council Member Andresen suggested that the Council take up discussion at this time.  Mayor Waldorf noted that there was no objection to such a discussion.

 

Noting that the Manager was recommending that an exception not be made to grant Mr. Webb a taxicab operator's permit, Council Member Andresen inquired about the possibility of looking into Mr. Webb's character to evaluate whether or not he deserved a second chance.  Mr. Horton said if Mr. Webb would agree and consent to such a background investigation, it would take ten to fifteen hours of a Police investigator's time to complete such a background check.

 

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ASK THE MANAGER TO PERFORM AN INVESTIGATION OF MR. WEBB'S CHARACTER (WITH HIS CONSENT) WITH RESPECT TO HIS APPLICATION FOR A TAXICAB OPERATOR'S PERMIT.

 

Council Member Powell inquired whether the motion would preclude the fact that the Council needed to deal with the Town Code on this matter.  Mr. Horton said there was no need to change the Code of Ordinances in order to conduct a background investigation on Mr. Webb.  He noted that Mr. Webb was nodding his consent for such a background check to occur.  Council Member Powell inquired why the Council should spend $200 to find out about Mr. Webb's character if the Council did not wish to make a change in the Town Code regarding regulations regarding the issuance of taxicab driver permits.

 

Council Member Chilton noted that the results of the background investigation would be reported to the Council.

 

THE MOTION WAS ADOPTED BY A VOTE OF 8-1, WITH COUNCIL MEMBER FRANCK VOTING NO.

 

                Item 5  Boards and Commissions

 

Council Member Powell noted that additional applications for vacancies on the Board of Adjustment were anticipated.  Council Member Evans suggested that appointments to the Board of Adjustment be deferred, pending receipt of additional applications.

 

Council Member Chilton noted that the Human Services Advisory Board recommended the appointment of Harriet Crisp and Michael Owen to the Board.

 

HARRIET CRISP AND MICHAEL OWEN WERE UNANIMOUSLY APPOINTED TO THE HUMAN SERVICES ADVISORY BOARD.  ORIGINAL BALLOTS ARE ON FILE IN THE TOWN CLERK'S OFFICE.

 

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO NOMINATE ALL EXISTING APPLICANTS FOR APPOINTMENT CONSIDERATION TO THE AFFORDABLE HOUSING COMMITTEE.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

                Item 6  Budget Related Matters

 

Mr. Horton presented an overview of the Town's budget situation, noting that federal funding of different Town operations was very uncertain.  Mr. Horton said although he had attempted to meet the Council's objective of a no tax increase budget, it would likely be necessary to increase the Transportation Fund tax rate by one-half cent, due to an anticipated major reduction in federal funding of Town transportation programs.  He noted that elimination of the Blue Line was recommended in the current budget proposal, since it was likely that this service would likely be offered as regional service by the Triangle Transit Authority in the future.

 

Mr. Horton said some subsidies from the General Fund, for groundskeeping and grounds maintenance activities, would be made to the Housing Fund.  He also noted that staff believed that the Town's Parking Fund would likely be slightly above the breakeven point for each of the next two fiscal years.

 

Mr. Horton also said a key point made to Town department heads was that there would be no increase in the number of Town employees in the proposed budget.  Mr. Horton stated that he had taken very seriously the Council's desire to give special consideration to lower income employees.  He also said an effort would be made to maintain competitive salaries for all employees, with an emphasis on the needs of lower income employees.  Mr. Horton said that staff would work hard to develop additional ideas for Council's consideration during the budget review process.

 

Mayor Waldorf invited questions and comments by Council Members.  Council Member Andresen inquired whether a tax increase would be needed if a slightly higher service level were requested in one area.  Mr. Horton said this was one possibility.  He added that the Council also had the options of increasing revenues or reduce other services.  He noted that staff was working on a report concerning what additional resources would be needed for the Town to have a regular brush collection schedule.

 

Council Member Andresen asked whether a Town classification study had been recently undertaken by an outside consultant.  Mr. Horton stated that each year an outside consultant studied classifications for between one-third and one-half of the Town employee group.  Council Member Andresen said that a good classification study involved interviewing employees in a non-threatening manner to find out what their positions involved.  Mr. Horton said this was approach currently used by the Town.

 

Council Member Andresen said it would be useful to know what funds were not expended in last year's budget.  Mr. Horton stated that key carryover sources each year were expenditure control measures such as funds accumulated from temporarily vacant positions.  Mayor Waldorf asked whether or not these figures be provided by department.  Council Member Andresen said yes.

 

Expressing appreciation for including proposed compensation adjustment plans targeted for lower-paid employees, Council Member Capowski inquired why the proposed fare increase would only increase projected revenues by an estimated $26,000.  Mr. Horton said that many riders used annual passes or other discounted fares such as twenty ride books.  He said that staff would be happy to break out ridership by category.  Council Member Capowski asked whether the $26,000 figure took into account possible additional revenues from the University.  Mr. Horton said that all revenues were tied to a cost allocation formula.

 

Council Member Capowski said he looked forward to reading the document which explained the cost allocation formula.  Council Member Capowski also said he thought it was a good idea to maintain as much as possible the current subsidy formula wherein riders paid about one-third of the ride cost, while taxpayers paid the remaining two-thirds of the ride cost.  Mr. Horton noted that the federal subsidy share had declined significantly in recent years.  Council Member Capowski asked whether staff thought that the $271,000 in ending fund balance was sufficient.

 

Mr. Horton said staff believed so.  Council Member Capowski asked whether staff was confident that the federal subsidy loss would be about $265,000.  Mr. Horton said the loss would be in the range of $250,000 to $300,000.

 

Council Member Brown said it would be interesting to know where the University put funds refunded from the federal government relative to transit subsidies.  Mr. Horton said staff could request the University to provide this information.  Council Member Brown also requested that staff find out the amount of funds the University's bus fares generated and what the University did with these funds.  Mr. Horton staff would attempt to get this information.

 

Council Member Brown inquired whether contract employees were included in the pledge not to increase the number of Town employees.  Mr. Horton said a lump sum of funds was set aside annually for contract employees.  He noted that no basic change in this line was proposed.  Council Member Brown asked whether he planned to fill vacant positions.  Mr. Horton said this was examined on an individual case basis.

 

Council Member Franck requested details on the formula for the Town's transit memorandum of understanding.  Mr. Horton presented an overview of the formula, noting that the formula was currently being reviewed by Town, Carrboro and University officials.  Stating that the information requested by Council Member Brown was public information, Council Member Franck said he hoped that it would not take too long to get this information.  Council Member Franck inquired about the possibility of the Town not eliminating the Saturday Blue Line service.  Mr. Horton said staff could provide information on this option.  Council Member Franck said he was pleased to see that the proposed salary plan concentrated on the lot of the lowest paid Town employees, including police officers, crisis counselors and others who made less than $30,000 per year.

 

Council Member Powell requested that staff prepare a report on how to make up the $10,000 subsidy for Blue Line service.  Noting that she was generally pleased with the proposed salary plan, Council Member Powell requested clarification regarding the Town's projected average salary increase of 3.75%, compared to 4% in the private sector.  Mr. Horton said that staff believed that the private market place average salary increase would be slightly higher than those proposed by the Town.

 

Council Member Brown noted that at the Council's planning session, she had requested information about small buses in Boulder, Colorado.  Mr. Horton said staff had not forgotten about this request.  Council Member Brown said it would be helpful to have information about these buses and related maintenance costs for the vehicles.  She also said it would be useful to review whether or not the Town was top heavy in terms of administrative and what might be done to rectify this situation.

 

Council Member Andresen inquired whether there was any interest in the Council going to the State legislature along with University officials to seek more subsidies for mass transit.  She also inquired about the possibility of the Council having a work session on the merit pay system.  Mayor Waldorf said she agreed about the need for a work session on the Town's merit pay system.  Mayor Waldorf also said that she would be willing to go to the State legislature relative to transit funding matters.  Council Member Chilton suggested that Mayor Waldorf and Chancellor Hooker could perhaps make communication with Governor Hunt regarding transit funding.

 

Council Member Brown inquired how the Town had received funds from the North Carolina Department of Transportation to offset losses in federal funds.  Mr. Horton said that State officials had agreed to allow the Town to trade capital dollars for operating dollars.  He stated that staff did not know what was going to happen with CMAQ funds at this point.

 

Council Member Andresen said she thought that a sufficiently impressive delegation of local officials might be able to get assistance from General Assembly members relative to transit funding matters.

 

Mayor Waldorf asked whether or not the general direction relative to salary adjustments outlined on page ten of the staffs' report were acceptable to the Council.  There was Council concurrence on this matter.  Mayor Waldorf said it was very important that the Town improve its computer system the right way.  Council Member Franck noted that a Council committee would be reporting back to the Council on this matter in the near future.

 

Council Member Franck asked whether the matter of a living wage ordinance would be considered in the budget process.  Mr. Horton said staff had not forgotten about this request and would follow up as soon as possible.  He noted that citizens were invited to comment on the preliminary budget at the Council's March 27th public forum.

 

Mr. Horton said the recommended funding level for the Capital Improvements Program would remain relatively unchanged from the current year.  He noted that it was not possible to provide much specificity about the community development program at this point.  Mayor Waldorf said the budget for the Hargraves Gymnasium capital project appeared to be very slim.  Council Member Evans requested additional information about the Dobbins/Erwin/Sage Road project.  Mr. Horton said this project involved a "jug handle" roadway project and would necessitate moving utilities in the area.

 

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 5.

 

Mayor Waldorf inquired when advisory boards and commissions would report back to the Council on the proposed capital program.  Mr. Horton said board and commission comments would be included in the Council's April 22nd agenda packet.

 

Council Member Brown said it would be  a good idea for the Citizen's Energy Task Force to be included in the boards and commissions reviewing the capital program.  This was accepted by the motioner and seconder as a friendly amendment.

 

RESOLUTION 5 WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION REFERRING THE PRELIMINARY REPORT ON THE 1996-2001 CAPITAL IMPROVEMENT PROGRAM TO TOWN ADVISORY BOARDS FOR REVIEW AND COMMENT (96-3-13/R-5)

 

WHEREAS, the Capital Improvements Program is developed annually to provide funding for capital and infrastructure projects for the Town; and

 

WHEREAS, this Preliminary Report is the initial stage in the process to develop a Capital Improvements Program for fiscal years 1996-2001; and

 

WHEREAS, the Council annually invites Town advisory boards to provide comments and recommendations on the Capital Improvements Program for the upcoming five-year program period;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council refers the Preliminary Report on the 1996-2001 Capital Improvements Program to the following Town advisory boards:  Planning Board, Transportation Board, Parks and Recreation Commission, Greenways Commission, Appearance Commission, and the Housing and Community Development Advisory Board.  Advisory board comments would be included in the April 22 memorandum to the Council on the Manager's Recommended 1996-2001 Capital Improvements Program.

 

This the 13th day of March, 1996.

 

There were no questions or comments regarding the proposed community development plan.

 

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO REFER THE COMMUNITY DEVELOPMENT PLAN TO STAFF AND THE HOUSING AND COMMUNITY DEVELOPMENT ADVISORY BOARD.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

There were no Council comments or questions regarding the HOME program.

 

Council Member Chilton asked whether or not it was correct that the Town had received $500,000 in funding for the HOME program this year.  Mr. Horton said the Town would receive $368,000 in federal funding and $132,000 in state funding during the current year.  Council Member Chilton asked whether it was correct that staff had no idea what funding levels would be for the next fiscal year.  Mr. Horton said that this was correct.

 

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO REFER THE MATTER TO STAFF AND THE HOME CONSORTIUM.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Mr. Horton said that the funding situation for housing renovation programs was also uncertain.  Council Member Andresen inquired what steps had been taken by the Town relative to lead paint concerns.  Mr. Horton said that children in apartments which had lead paint had received applicable testing.  Mayor Waldorf said she hoped that the Town would receive funding for improvements in the Craig-Gomains neighborhood.

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO REFER THE MATTER TO STAFF AND THE HOUSING AND COMMUNITY DEVELOPMENT ADVISORY BOARD.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

                Item 7  Public Housing Program

 

Housing Director Tina Vaughn presented an overview of the proposed housing budget, noting that the preliminary recommendation would result in an increase in fund balance of about $15,000.

 

Council Member Evans inquired about the possibility of contracting for the cleaning of dropcloths, rather than purchasing a washer/dryer unit.  She also inquired about the possibility of better scheduling of car use, rather than purchasing a new automobile.  Ms. Vaughn said that there was a lot of field work which necessitated numerous vehicle trips on a daily basis.  Noting that the Town's objective was for about one-fifth of the public housing units to be renovated each year, Mr. Horton said it was important to have a sufficient number of vehicles so that site inspectors and other housing department employees could handle their work as efficiently as possible.

 

Ms. Vaughn said although it might be more cost efficient to contract for dropcloth cleaning, it was very important that the cloths be available on a daily basis to cover furniture in units under renovation.  Mr. Horton said that staff could examine this matter further and report back to the Council.

 

Council Member Capowski said he had never seen such a level of uncertainty relative to funding and revenues from other governments.  Mr. Horton said staff wished it were possible to do a better job of prognostication in this matter.

 

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 6.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION APPROVING AN OPERATING BUDGET FOR THE LOW RENT CONVENTIONAL HOUSING PROGRAM FOR JULY 1, 1996 THROUGH JUNE 30, 1997 FOR PROJECT NO (S) 46-1, 2, 3, 4, 5, 6, 7, 9, 10 (96-3-13/R-6)

 

WHEREAS, the Town Manager has submitted a public housing budget for fiscal year ending June 30, 1997; and

 

WHEREAS, the Council has determined that the proposed expenditures are necessary in the efficient and economical operations of the Housing Authority for the purpose of serving low-income families; and

 

WHEREAS, the budget indicates a source of funding adequate of cover all proposed expenditures; and

 

WHEREAS, all proposed rental charges and expenditures will be consistent with provisions of law and the Annual Contributions Contract; and

 

WHEREAS, the Council hereby certifies that the Town's Authority is in compliance with the provisions of Section 207 (a) of the Authority shall at least once a year re-examine the income of families living in the Project (a); and

 

WHEREAS, all persons responsible for 75 or more units of public housing are hereby certified by an approved certifying organization's; and

 

WHEREAS, pursuant to Section 307, Part II of the Consolidated Annual Contributions Contracts, the Town's Authority hereby certifies that all administrative salaries are comparable to local practice, based on a comparability study date of January 1989 which is on file for HUD review;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the operating budget as submitted by the Town Manager on March 13, 1996 for the fiscal year ending June 30, 1997.

 

This the 13th day of March, 1996.

 

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER FRANCK, TO ADOPT RESOLUTION 7.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

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

 

A RESOLUTION CONFIRMING THAT THE PERSONS RESPONSIBLE FOR HOUSING MANAGEMENT DUTIES HAS BEEN CERTIFIED BY AN APPROVED CERTIFYING AGENCY (96-3-13/R-8)

 

WHEREAS, Tina Vaughn, Director of the Department of Housing, and Harold Wolfe, Housing Officer, have been certified by the National Association of Housing and Redevelopment Officials as a Public Housing Manager; and

 

WHEREAS, the National Association of Housing and Redevelopment Officials is an approved Certifying Agency; and

 

WHEREAS, this person performs housing management duties;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the person involved in the performance of housing management duties meets certification requirements as set forth in Federal Register Volume 41, Number 190, Wednesday, September 29, 1976; pp. 43088-43092, and the salary of such person is an eligible operating expenditure.

 

This the 13th day of March, 1996.

 

             Item 8  Parkside Cluster Subdivision

 

Planning Director Roger Waldon stated that a total of one hundred and forty-two units were proposed on 63.7 acres of land.  Mr. Waldon presented an overview of the applicant's request.  He noted that staff recommended Council adoption of Resolution A.

 

Stating that NC 86 was not a safe roadway, Flicka Bateman requested that the Council not approve the proposed subdivision until necessary safety improvements were made to this road.  She also said it was important for the Town to work with the State Department of Transportation to install a traffic signal at NC 86 and Stateside Drive.  Ms. Bateman also expressed concern about the current and proposed service levels of Windsor Drive.

 

Jack Smyre, representing the applicant, the John R. McAdams Company, presented an overview of the proposed internal subdivision roadway system.  He added that stormwater management modelling done utilizing the Town's Hydros model indicated that increased drainage flows would be manageable.  Mr. Smyre stated that thirteen acres of proposed open space would help to mitigate possible drainage related impacts.  He also said that standard stream protection methods would be followed by the applicant in designing the proposed subdivision.

 

Stating that the NC 86 roadway construction project involved two phases, with the first being the section between Weaver Dairy Road and I-40, Mr. Smyre said that no residents would occupy homes in the proposed Parkside subdivision until well into 1997.  Mr. Smyre said he did not believe there was any evidence of safety issues relative to NC 86.  He also stated that the proposed Northern Community Park would likely be about one year ahead of this project.  Mr. Smyre also stated that about two-thirds of traffic on NC 86 between Homestead Road and Weaver Dairy Road was moving northward.

 

Council Member Andresen asked whether Mr. Smyre could provide assurances that no stormwater would be retained on site.  Mr. Smyre stated that stormwater would flow offsite, employing a small, dry retention pond.  He noted that the differential in flows would be an estimated nine percent differential.  Council Member Andresen said the proposed development would have a tremendous effect on the existing stream.  Mr. Smyre said he disagreed.  Council Member Andresen inquired when the first home in the subdivision would be completed and what the anticipated status of the NC 86 roadway improvement project would be at this point.  Mr. Smyre said that construction of no more than twenty-six lots was proposed during the first year, with a roadway connection proposed from Lonebrook Drive to Weaver Dairy Road Extension to NC 86.  Council Member Andresen asked whether or not there would be sheet flow drainage on the site.  Mr. Smyre said it was projected that the rate of increase in cubic feet per second flow rate to the stream would increase by about nine percent.

 

Council Member Capowski asked whether a connection to Bright Sun Place was proposed by the applicant.  Mr. Smyre said that such a roadway connection was proposed.  He noted that a total of three roadway connections to NC 86 were ultimately planned, with a fourth access to NC 86 planned in the distant future.  Council Member Capowski asked, with the exception of access from Weaver Dairy Road, which accesses would be limited to left turns only.  Mayor Waldorf asked whether a median break on NC 86 at Stateside Drive was proposed.  Mr. Horton said that this was correct.   Council Member Capowski inquired about the proposed timetable for improvements to NC 86.  Mr. Smyre said it was his understanding that NCDOT officials estimated that the project would be completed by the end of 1998 or early 1999.

 

Council Member Brown inquired about the proposed roadway between Stateside Drive and Weaver Dairy Road through an existing trailer park.  Mr. Smyre said that the applicant had requested two cross accesses during the review process.  He added that access to NC 86 would be limited to right in and right out only.

 

Council Member Evans asked whether or not the project had been reviewed by the Design Review Board.  Mr. Smyre said the Board had not reviewed the proposed subdivision.  Council Member Evans said although she believed that the proposed project would be a great one, she was nonetheless concerned about the access of the community, including neighborhood residents', to the park. She stated that all residents wishing to access the Community Center would need to go out on to NC 86 and Homestead Road to access these facilities.  Council Member Evans inquired about the possibility of having a stubout to adjacent land from the proposed lot number 115.

 

Mayor Waldorf asked whether or not it was appropriate to take suggestions from Council Members at this time.  Mr. Karpinos said it was the time to do so if the Council wanted the applicant's position regarding specific suggestions.  Mr. Smyre stated that although the applicant was willing to provide a pedestrian/vehicle access along this corridor, the matter of providing a roadway way another matter.  Mayor Waldorf asked whether or not staff objected to a roadway connection between the Northern Community Park and Parkside subdivision.  Mr. Horton said that staff had concerns about drivers using the parking lot as a cut through to Homestead Road.

 

Mayor Waldorf inquired whether the applicant found the proposed condition of approval acceptable.  Noting that the stubout might never be connected, Council Member Evans said this was a logical place to build denser housing.  Council Member Capowski asked whether Council Member Evans was suggesting a stubout on the west side of the creek.  Council Member Evans said that this was correct.  Mr. Smyre said that the applicant responded with a respectful no to the proposed condition of approval.

 

Council Member Brown inquired about the Transportation Board and staff recommendations on roadway alignments relative to creek crossings.  Mr. Waldon said that the applicant's engineer and Town staff had explored possibilities to creek crossings.  He noted that efforts were being made to minimize the number of such crossings needed.  Council Member Brown asked whether or not the Council had more leeway with special use permit applications than with subdivision applications.  Mr. Horton said that this was correct.  Mr. Karpinos noted that the matter before the Council involved a subdivision application, rather than a special use permit.

 

Council Member Andresen asked how potential stormwater management problems could be addressed.  Mr. Horton said he was confident that the proposal met applicable Town requirements regarding stormwater.  Mr. Waldon said staff believed that the amount of additional stormwater runoff from the proposed development would be modest.  Mr. Horton said that staff would be pleased to bring the Council a preliminary report on possibly strengthening requirements for drainage in subdivisions.

 

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER FRANCK, TO CLOSE THE HEARING.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Council Member Capowski said he was concerned about traffic related impacts of this and other proposed development projects along NC 86.  He inquired whether or not traffic from the proposed Estates and Windsor Park projects was proposed to directly access NC 86.  Mr. Waldon stated that the proposed Windsor Park project would have several stubouts and connections to NC 86.

 

Council Member Capowski inquired about the possibility of the Town not granting occupancy permits until the completion of roadway improvements to NC 86.  Noting that the request was for a subdivision, rather than a special use permit, Mr. Karpinos said that the Council could possibly add language relative to anticipated buildout of the subdivision.  He also stated that it was very important that the proposed condition not be analogous to a temporary development moratorium.  Mr. Karpinos added that it was very important that there be a consistent understanding regarding NCDOT's proposed timetable for completion of NC 86 roadway improvements.

 

Council Member Franck suggested adding the following stipulation concerning project phasing in the proposed resolution:  "The Town Manager shall not approve a phasing plan for this preliminary plat if the first phase of that phasing plan includes the connection of Road "A" to NC 86.

 

Council Member Brown inquired about the general process for a temporary moratorium.  Mr. Karpinos said the courts had ruled that temporary moratoriums had to follow the same process as a community's zoning ordinance.  He stated that a proposal to defer action on a subdivision such as the one before the Council would in effect be a moratorium.  Noting that the substantive test for moratoriums was the lack of public facilities and a way to cure these problems,  Mr. Karpinos said that there was no legal justification for placing such a moratorium on this proposed subdivision.

 

Council Member Chilton asked whether the applicant's plan was to construct the eastern portion of the site first.  Mr. Smyre said the first phase of the project would involve construction in the northern portion of the east part of the site.  Council Member Chilton asked whether it would be possible to build this part of the site without the need for roadway connections to NC 86 until planned roadway improvements were completed.  Mr. Smyre said the applicant had an economic incentive not to complete the second phase of the project until the planned NC 86 roadway improvements were completed.

 

Council Member Chilton said it appeared that the applicant could complete all the building it wanted if there were an agreement not to have direct access to NC 86 until the roadway improvements were completed.  Mr. Smyre said this situation would become more onerous if the Department of Transportation's improvements to NC 86 were delayed.  Council Member Chilton suggested the possibility of linking the subdivision project phasing plan to NCDOT's projected timetable for NC 86 improvements.  Expressing the need for a "market presence" along NC 86, Mr. Smyre said he would be hesitant to accept such a condition of approval.  Mayor Waldorf asked whether the applicant would accept the wording suggested by Council Member Franck.  Mr. Smyre said this language would be acceptable for the first phase of the project.

 

Council Member Evans inquired why staff had not requested adjacent property connections to the south and east.  Mr. Waldon said that the staff's recommendation was guided in part by the recommendations of advisory boards relative to development patterns in the area.  He noted that staff and boards hoped that residents of the Parkside subdivision would walk or bike to park facilities, including the proposed community center.  Council Member Evans said it was very important that the Community Park site be as accessible as possible.  Stating this portion of NC 86 was a dangerous section of roadway, Council Member Andresen suggested that it was very important for the Council to address these matters in concert with development proposals in the area.

 

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

 

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADD THE FOLLOWING CONDITION OF APPROVAL RELATIVE TO PHASING:  "THE TOWN MANAGER SHALL NOT APPROVE A PHASING PLAN FOR THIS PRELIMINARY PLAT IF THE FIRST PHASE OF THAT PHASING PLAN INCLUDES THE CONNECTION OF ROAD "A" TO NC 86.

 

Council Member Capowski inquired what would happen if the NCDOT improvements for this portion of roadway were delayed, to perhaps the year 2002.  Council Member Franck said he believed that although the proposed language was not iron clad, he believed it was sufficient to cover such an eventuality.

 

Mr. Smyre said he did not think it was proper for the Council to deal with market conditions in its proposed development-related resolutions.  Mr. Smyre also said he would not be able to agree to such an arrangement.   Mr. Karpinos inquired whether or not the applicant was amenable to agreeing to a stipulation stating that phase two occupancy permits would not be approved until road improvements were put in place by the North Carolina Department of Transportation or the applicant.  Stating that the applicant could not make roadway improvements without right-of-way encroachment agreements from NCDOT, Mr. Smyre said he would agree to this condition if it could be handled with financial surety.  He also expressed hope that the Northern Community Park project would stay on schedule.

 

Stating that she felt uncomfortable about negotiating between the applicant, attorney and Council at this evening's meeting, Council Member Andresen suggested the possibility of referring the matter back to staff to develop applicable wording.

 

Mr. Karpinos said that the Council could consider adding a provision to the language on the bottom of page twelve, relative to phase two construction of the NC 86 roadway improvement project.  He noted that the provision could stipulate that the developer be required to post a bond for improvements to NC 86 and that no roadway connections to NC 86 would be permitted until such improvements were satisfactorily completed.  Council Member Franck suggested that the provision could require the completion of one-half of the proposed roadway, including the median.  Mr. Horton said this could potentially result in hazardous conditions.  Mr. Smyre said although Council Member Franck's original proposal was acceptable, the most recent proposal was not acceptable to the applicant.

 

Mr. Horton inquired whether it was the intent of the proposed amendment to ensure that roadway improvements would have to be completed by the applicant or the North Carolina Department of Transportation prior to occupancy.  Council Member Franck asked whether or not the developer would have to post surety such as a bond.  Mr. Horton said this was correct.

 

Council Member Andresen inquired about the estimated value of the proposed roadway improvements.  Mr. Horton said that the applicant might best be able to answer this question.  Mr. Smyre said although he hesitated to make specific estimates, the range of costs for roadway, curb and guttering, sidewalks, shoulder grading and utility extension would be about $70 to $90 per foot, excluding utility relocation costs.

 

THE AMENDMENT SUGGESTED BY COUNCIL MEMBER FRANCK WAS PLACED ON THE FLOOR AND ADOPTED UNANIMOUSLY (9-0).

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO INCLUDE AN AMENDMENT TO REQUIRE A STUBOUT INTO THE NORTHERN COMMUNITY PARK.

 

Council Member Brown asked whether a roadway directly into the park was being proposed.  Council Member Chilton said this option was left open, rather than compelling a connection to the park.

Council Member Capowski asked why a stubout was being proposed when the Town might never use the stubout from the proposed community center. Council Member Franck said people could possibly access the facility from Weaver Dairy Road Extension in the future.

 

THE PROPOSED AMENDMENT FAILED BY A VOTE OF 2-7, WITH COUNCIL MEMBERS CHILTON AND EVANS SUPPORTING THE MOTION.

 

Stating that she did not feel good about the proposed subdivision, Council Member Andresen said she would not support the main motion.

 

RESOLUTION 9A WAS ADOPTED BY A VOTE OF 8-1, WITH COUNCIL MEMBER ANDRESEN VOTING NO.

 

A RESOLUTION APPROVING AN APPLICATION FOR A PRELIMINARY PLAT FOR PARKSIDE CLUSTER SUBDIVISION (SD 24..22) (96-3-13/R-9a)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Parkside Cluster Subdivision proposed by  M/I Homes, on property identified as Chapel Hill Township Tax Map 24, Lot 22 and part of Lot 23, if developed according to the Preliminary Site Subdivision Plan dated May 30, 1995 (revised December 4, 1995), and the conditions listed below would comply with the provisions of the Development Ordinance and specifically with the following cluster development requirements from  Subsection 17.8.2 of the Development Ordinance:

 

1.   The tract proposed for cluster development is at least two (2) acres in size;

 

2.   Public, separate water supply and sewerage connections are available for every subdivided lot;

 

3.   The total number of lots proposed for the tract, excluding parcels of reserved recreation area, is not greater than the number determined by dividing the total gross land area by the minimum gross land area established in Section 13.11 for that zoning district;

 

4.   The recreation area within the tract shall conform to the recreation area standards of Subsection 17.9 of this article; and

 

5.   The minimum amount of land reserved as recreation area shall be the sum of all reductions in minimum gross land area as a result of the cluster form of development, or the minimum recreation area reservation required in Subsection 17.9.2, whichever is greater.

 

These findings are conditioned on the following:

 

           Stipulations Specific to the Development

 

1.   A.   That Road "I" be removed from the plans and Road "A" extended across Booker Creek to connect to Road "H".

 

     B.   That the right-of-way for Road "F" and the right-of-way for the connecting street in Northwood V be aligned to match at the property line.

  

     C.   That a 60-foot right-of-way be dedicated along the proposed Lonebrook Drive.

 

     D.   That a 50-foot right-of-way be dedicated along all other internal streets.

 

     E.   That the internal streets be designed and constructed to Town standards, and inspected by the Town during construction.

    

     F.   That the internal streets be maintained by the applicant or homeowners' association until the Town accepts responsibility for their maintenance.

 

     G.   That the applicant submit documentation demonstrating compliance with the steep slopes ordinance, and demonstrating that there is sufficient buildable area (outside the building setbacks, outside the Resource Conservation District, and excluding slopes of over 25%) for each proposed lot prior to issuance of a Zoning Compliance Permit.

 

          Further, the Steep Slopes Plan must show how the developer will employ special design and construction techniques to develop the roads and lots on steep slopes.  The construction plans must demonstrate that roads and lots developed on slopes over 15% will be designed and constructed in accordance with the Town's steep slopes ordinance. 

 

     H.   That the final plat shall include a note indicating that public park facilities (including lighted playing fields, tennis courts, a skateboard course, and a community center) are planned near the southern boundary of the Parkside Subdivision.

 

     I.   That the developer shall post signs at each street stubout indicating that the road is subject to future extension.

 

2.   Required Improvements:

 

     A.   NC Highway 86: 

 

          1)   That the developer dedicate right-of-way on NC Highway 86 to accommodate the roadway improvements developed by the North Carolina Department of Transportation.

 

          2)   That one-half of the North Carolina Department of Transportation improvements planned for NC Highway 86 along this property frontage be completed by the developer unless they are completed by the North Carolina Department of Transportation first.

 

     B.   Internal Streets:

 

          1)   That Lonebrook Drive be constructed with a 33-foot cross-section , with curb and gutter, and sidewalk on one side, all within a 60-foot right-of-way.

 

          2)   That all other internal streets be constructed to a 27-foot cross-section, with curb and gutter within a 50-foot right-of-way. 

 

          3)   For the street stubout proposed from Road "A" to the southern property line, location shall be in the general location proposed, but the approval of the Parkside Cluster Subdivision Preliminary Plat shall allow for minor adjustment for the location of this stubout so that it can be coordinated with the Northern Community Park plans and with the third property owner involved.

 

              Sidewalk shall be constructed on at least one side of the stubout to link up with sidewalk proposed along the future extension of this street to the south. 

 

          4)   That sidewalk be provided on at least one side of all the internal streets.

 

          5)   That pedestrian access shall be provided at the southwest corner of the site behind Lots 116-120 to be deeded and dedicated to the Homeowners' Association.

 

          6)   The developer shall deed to the Town the open space shown as a 50-foot strip of land south of Road "A", adjacent to the southern property line.

 

          7)   That construction of the two stream crossings (Roads "H" and "A") shall be accomplished in a manner which would allow pedestrians, bicyclists, and maintenance vehicles to either pass under road surface, or cross the road surface at grade.  The design of the road structures shall allow a trail to be built that would adhere to both AASHTO and NCDOT standards for off-road bicycle trails.

 

           Stipulations Related to Recreation Space

 

3.   Greenway:  That the proposed recreation area (greenway) be deeded to the Town of Chapel Hill for parks and recreation purposes.  The developer shall remain responsible for the recreation area until the Town accepts the property.

 

4.   Deed Restrictions:  That any deed restrictions placed on any recreation area to be dedicated to the Town shall not interfere with the ability of the Town to construct trails, provide public pedestrian/non-motorized vehicle/motorized wheelchair access, or  provide maintenance services.

 

5.   Phasing:  That dedication of the various recreation areas to the Town shall be accomplished in two phases.  The first phase shall be tied to the beginning of construction east of the OWASA sewer easement bisecting the site, and shall include all designated recreation areas east of the western edge of the OWASA sewer easement.  The second phase shall be tied to the beginning of construction within the area west of the OWASA sewer easement, and shall include all designated recreation areas west of the western edge of the OWASA sewer easement.

 

6.   Pedestrian Access Corridor: That in addition to the access  corridor proposed between Lots 19 and 20, a 20-foot wide access corridor shall be provided from the area at the end of cul-de-sac "H" to either the Town park property, or to the triangular shaped parcel labelled as "open space" in the southwest corner of the site.  The access corridors shall be deeded to a Homeowners' Association and labelled on all plans, plats, and deeds with wording to the effect that the corridors are for public pedestrian, non-motorized vehicle, and motorized wheelchair access.

 

     A.   That the 20-foot wide access corridor indicated between Lots 19 and 20 shall be deeded and dedicated to the Homeowners' Association, and shall be labelled on all plans, plats, and deeds with wording to the effect that the corridor is a public pedestrian, non-motorized vehicle, and motorized wheelchair easement.

 

     B.   That a 20-foot wide access corridor shall be provided from the end of cul-de-sac "H" to either the Town park property, or to the triangular shaped parcel labelled as "open space" in the southwest corner of the site.  The access corridor shall be deeded and dedicated to the Homeowners' Association and labelled on all plans, plats, and deeds with wording to the effect that the corridor is a public pedestrian, non-motorized vehicle, and motorized wheelchair easement.

 

7.  Other Open Space: That the 0.3 acre parcel of open space proposed in the north central portion of the property shall be deeded and dedicated to the Homeowners' Association.

    

 

  Stipulations Related to the Resource Conservation District

 

 8.  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."

 

 9. Variances:  That all variances necessary for development within the Resource Conservation District be obtained before application for final plat or final plan approval.

 

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

 

11.  Buildable Lots for Preliminary Plat Applications:  That no lots be created that would require a Resource Conservation District Variance in order to be built upon.

 

12.  Road Crossings of the Resource Conservation District:  That the applicant's final plans for Lonebrook Drive and Roads "H" and "A" shall demonstrate compliance with design and construction standards found in Article 5 of the Development Ordinance.

 

Stipulations Related to State and Federal Government Approvals

 

13.  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.

 

14.  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

 

15.  Required Landscape Buffers: 

 

     A.   General:

 

          1)   That a detailed landscape plan and landscape maintenance schedule be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. The landscape plan shall meet or exceed the following minimum landscape buffer requirements:

 

              Ø a Type D buffer (minimum width 30 feet) along the NC Highway 86 frontage; and

 

              Ø a Type C  buffer (minimum width 20 feet) along the southern property line.

 

          2)   The required buffers shall be located on land deeded to a homeowners' association rather than on individual single-family lots.

 

     B.   Buffer along the Southern Property Line Abutting Town-owned Land:  That the naturally vegetated buffer within the 50-foot wide strip of open space between Road "A" and the southern property line, on land to be deeded to the Town is intended to serve as the landscape buffer between these two properties.  However, if the 50 foot buffer is degraded by the Parkside developer's construction activities such that it does not fulfill the buffer requirements, the developer shall be required to install new plantings as needed.

 

     C.   Remainder of the Southern Buffer:  That the developer shall provide a Type C landscape buffer between Lots 5-14 and the Freedom House site, adjacent to the south.

 

16.  Tree Preservation: 

 

     A.   Street Alignment:  That the developer eliminate Road "I" to allow for preservation of the large hardwoods near the northern property line and identified on the plans.

 

     B.   Landscape Protection Plan:  That a Landscape Protection Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.  The Landscape Protection Plan shall include fencing for existing vegetation in the following locations:

 

          Ø in the required landscape buffers;

 

          Ø the land designated to be open space and  recreation/greenway areas; and

 

          Ø areas adjacent to utility construction, stormwater/erosion control related grading and devices, and roadway construction.

 

          The plan shall also locate and identify all trees over 36" in diameter anywhere on the site.

 

 

 

 

   Stipulations related to Water, Sewer and other Utilities

 

17.  Fire Flow: 

 

     A.   That fire hydrants shall be installed within the site, including a triple hydrant in front of Lot 105.  The hydrants located at Lots 11, 18, and 139 shall be directly connected to water lines at least 8 inches in diameter.

 

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

 

18.  Utility Service Laterals for Preliminary Plat applications:  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.

 

19.  OWASA Easements for Preliminary Plat applications:  That additional easements required by OWASA will be dedicated; and that easement documents as required by OWASA and the Town Manager be recorded before final plat approval.

 

20.  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 prior to issuance of a Zoning Compliance Permit.  The property owner shall be responsible for assuring these utilities, including cable television, are extended to serve the development.

 

                  Miscellaneous Stipulations

 

21.  Refuse Collection:  That a note be included on the final plans and final plat indicating that rear-yard refuse collection service may not be available to lots with steep slopes or to the Parisher property, as determined by the Town Manager.

 

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

 

23.  Stormwater Management Plan: 

 

     A.   That all stormwater management improvements, including those with the Resource Conservation District, shall be located within dedicated maintenance easements.

 

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

 

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

 

25.  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.

 

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

 

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

 

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

 

28.  For Developments with New Streets-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.

 

29.  For Developments with New Streets-Names, Numbers:  That name of the development and its streets and house/building numbers, be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

 

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

 

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

 

32.  Phasing:  The Town Manager shall not approve a phasing plan for this preliminary plat if the first phase of the phasing plan includes the connection of road "A" to NC 86.

 

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

 

34.  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 Preliminary Plat for the PARKSIDE CLUSTER SUBDIVISION in accordance with the plans and conditions listed above.

 

This the 13th day of March, 1996.

 

Council Member Brown noted that there would be an opportunity for the Council to discuss growth management related concerns later in this evening's agenda.

 

                Item 8  Northern Community Park

 

Mr. Waldon said that several issues had been raised at last month's public hearing, including soccer field and wetlands- related items and the width of the main entrance to the park on Homestead Road.  He noted that the weight of arguments regarding the matter of wetlands versus soccer fields appeared to fall on the side of having a second soccer field.  Mr. Waldon also said that staff recommended adoption of Resolution A.  Mr. Horton noted that the Town acting in the capacity of owner accepted the proposed conditions of approval.

 

Parks and Recreation Chairman Gary Barnes said there were three options for how to get a second soccer field:  (1) giving up a part of the central core of the park, resulting in a loss of balance and beauty, (2) replacing one of the baseball diamonds with a soccer field or (3) accepting the staff's recommendation to locate a soccer field in a wetlands area, using mitigation techniques related to wetlands.  Mr. Barnes urged the Council to adopt the staff's recommendation on this matter.

 

Noting that young Town residents travelled all over the region and State to play soccer, Gerry O'Donnell encouraged the Council to accept the proposal for two soccer fields.  He also stated that existing soccer fields at area schools were overutilized.  Mr. O'Donnell said although two soccer fields were proposed, the need was much greater, potentially requiring ten to twenty fields.  He encouraged the Council to support the resolution calling for two soccer fields.  Mr. O'Donnell also encouraged the Council to fund additional Town soccer fields.

 

Martin Feinstein said he encouraged the Council to build the two proposed soccer fields plus others in the future to meet the current and future demands.  Mr. Feinstein urged the Council to adopt the staff's recommendation for Northern Community Park.

 

Parks and Recreation Commission Member Dianne Lemasters urged the Council to approve the Northern Community Park project with two soccer fields.  Ms. Lemasters stated that many children had to make a ninety minute roundtrip two to four times per week for soccer practices.  She stated that given demand for the sport, the Town sorely needed more soccer playing fields.  Ms. Lemasters presented the Council with a petition with one hundred and thirteen signatures supporting the two soccer fields at Northern Community Park.

 

Joseph Polcaro said he had played soccer for fifty-five years.  Stating that the Town needed to have additional soccer fields as long as ten years ago, Mr. Polcaro urged the Council to approve the two proposed soccer fields at Northern Community Park.

 

Barry Lentz said he had served as President of the Chapel Hill-Carrboro Adult Soccer Association for the past seven years.  He stated that soccer fields at area schools were stressed due to overuse.  Mr. Lentz urged the Council to approve the construction of the two soccer fields.

 

Ed Harrison said the site in question was a wetlands area of about 0.24 acres.  Mr. Harrison stated that wetlands played a very important environmental role because wetlands catch pollutants before they move into area streams.  He also said if tree cover were maximized near the stream, downstream water quality could be protected and flooding minimized.  Mr. Harrison suggested that the Town follow the recommendations from the State Division of Environmental Management relative to the wetlands area.  Mr. Harrison also said he strongly recommended that the Town conduct a Townwide inventory of wetlands and environmentally sensitive areas.

 

Grainger Barrett said he enthusiastically supported the development of soccer fields by the Town.  Noting that all four of his children played soccer, Mr. Barrett urged the Council to meet the community's demand for soccer fields.

 

John Kent said although he was not against soccer, he was concerned about putting any facilities in the Resource Conservation District.  He also said if the Council chose to approve the soccer fields in the wetlands area, the Council should make follow-up observations about this area.  Mr. Kent urged the Council to save trees on the site.

 

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER FRANCK, TO CLOSE THE HEARING.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

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

 

Council Member Brown said the Council needed to be very careful about how it proceeded in this matter.  She inquired how many trees would be saved if the soccer fields were constructed.

 

Mr. Loveman said there would be a twenty foot buffer between the soccer fields and the stream, with some trees being removed in concert with grading of the site.

 

Mark Robinson, the project manager, said a twenty foot buffer would be nominal and very few trees would be saved on the property.  He stated that there was no desire to grade the site any further than necessary.

 

Council Member Capowski inquired how overflow parking for the soccer fields would be handled.  Mr. Loveman said signs would be placed along Stateside Drive and Bright Sun Place relative to parking.  He noted that a drop-off loop would be provided along Stateside Drive.  Mr. Loveman added that Parks and Recreation staff would work with the Police and Housing Departments to make sure that applicable parking regulations were followed.

 

Noting that the Town's population was composed of nine percent foreign born persons and this percentage was growing with many interested in soccer, Council Member Capowski said new soccer facilities were sorely needed.

 

Noting that he favored the two proposed soccer fields, Council Member Pavão thanked Ed Harrison for walking the proposed site on a recent rainy day and pointing out elements of wetland areas.

 

Council Member Andresen inquired about the location of the proposed soccer fields proximate to Booker Creek.  Mr. Robinson said that the closest point between the creek and soccer fields would be between forty and one hundred feet.  Council Member Andresen asked how it would be possible to keep vegetation from interfering with the soccer fields.  Mr. Robinson suggested the possibility of a fence around the field.  Mr. Horton said he did not believe that vegetation would encroach on to the soccer fields.  Amy McIntosh, the project's engineer, said that the soccer field would be graded.  Council Member Andresen inquired about detention ponding arrangements.  Ms. McIntosh presented an overview of these plans.

 

Council Member Andresen inquired about the anticipated condition of Booker Creek below the soccer fields.  Ms. McIntosh said there would be no major effect on the creek if erosion control were done properly.  She added that half of the soccer fields would drain towards Rainbow Heights.  Council Member Andresen said the Council might be deluding themselves if they thought it was possible to have a soccer field while preserving the wetlands area.  She also inquired about the possibility of creating a creek channel to protect other land.  Ms. McIntosh stated that it would not be possible to dam up the creek without flooding the sewer line in the area.

 

Stating that the proposed park should provide a careful balance between passive and active recreation uses, Council Member Andresen said she would like to have seen the park developed with the more sensitive areas left for more passive uses.  Council Member Andresen also said although the soccer fields were needed, the proposed site was a very poor one.  She stated that the Town needed to be a responsible developer by saving as many significant trees as possible on the site and taking aggressive steps to protect environmentally sensitive portions of the site.

 

Council Member Brown said she hoped that the Council could begin to address some of these concerns later in the agenda this evening, with the item concerning growth management initiatives.  She suggested that the Town could consider undertaking an inventory of natural areas and wetlands within the Town limits.

 

Council Member Brown also said that the Town had some unique opportunities to do some creative things relative to energy conservation, including the use of photovaltaics.  In this vein, she suggested that the Citizen's Energy Task Force, in consultation with the Appearance Commission, review the proposed lighting plan for the Northern Community Park.  This proposed friendly amendment was agreed to by the motioner and seconder.

 

She also suggested that the Citizen's Energy Task Force, in consultation with the Appearance Commission, be involved in the approval of building elevations, referenced in stipulation number eleven of the proposed conditions of approval.  The motioner and seconder also concurred with this friendly amendment.

 

Stating that parking from the proposed community center was more than the equivalent of the length of three football fields away, Council Member Evans expressed concern about the overall accessibility of this facility.  She also noted that the number of proposed pedestrian crossings of the creek were limited.  Council Member Evans asked whether it was correct that a variance was not needed to build the second soccer field.  Mr. Horton said this was correct, stating that soccer fields were a permitted use in a Resource Conservation District.

 

Council Member Pavão called the question.

 

RESOLUTION A, AS AMENDED, WAS ADOPTED BY A VOTE OF 8-1, WITH COUNCIL MEMBER ANDRESEN VOTING NO.

 

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT  FOR  THE NORTHERN COMMUNITY PARK (File Number 24..19) (96-3-13/R-10a)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application, proposed by the Town of Chapel Hill on property identified as Chapel Hill Township Tax Map 24, Lot 19, if developed according to the site plan dated August 15, 1995 and revised November 17, 1995, and the conditions listed below, would:

 

1.   Be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;

 

2.   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.   Be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property, and is a public necessity; and

 

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

 

BE IT FURTHER RESOLVED that the Council of the Town of Chapel Hill hereby approves the application for the Special Use Permit for the Northern Community Park in accordance with the terms of the Special Use Permit, the plans listed above and with conditions listed below:

 

           Stipulations Specific to the Development

 

1.   That construction begin by March 13, 1998  (two years from the date of Council approval) and be completed by March 13, 2011 (fifteen years from the date of Council approval).

 

2.   Modification Required for Community Center Building:  That the applicant obtain Council approval of a Special Use Permit Modification for construction of the Community Center building.

 

3.   Soccer Fields:  This approval authorizes two soccer fields and requires that the loss of the wetlands area be mitigated on the park site.

 

                     Required Improvements

 

4.   Off-site Street Improvements:  a)  That all off-site street improvements noted on the plans be built as a part of this Phase I project.  The northern road providing access from NC Highway 86 shall be constructed with a 33 foot wide cross section, back of curb to back of curb, plus a five foot sidewalk.  Construction of this street will include the realignment of Bright Sun Place to provide a "T" intersection with the new road.

 

     b)   That the entrance road from Homestead Road be constructed with a 33 foot wide cross section, with rolled curb added to the two 10 foot wide travel lanes and two striped 4 foot bikelanes, plus a five foot sidewalk.

 

     c)   That one half of the North Carolina Department of Transportation improvements planned for NC Highway 86 be completed by the Town unless they are completed by the North Carolina Department of Transportation first.

 

5.   Pedestrian Paths:  That when the property to the west is subdivided or developed, a pedestrian path be extended to that property.

 

6.   Gravel Parking Lot:  That the applicant provide a gravel parking lot except for the handicapped spaces which will be paved with concrete or asphalt.   Subsequent paving of gravel surfaces is permitted.

 

Stipulations Related to the Resource Conservation District and Wetlands

 

7.   Variances:  That all variances necessary for development within the Resource Conservation District be obtained before application for final plat or final plan approval.

 

Stipulations Related to State and Federal Government Approvals

 

8.   Approval of Encroachment Agreements:  That any required State and 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 Elements

 

9.   Landscape Plan Approval:  That a detailed landscape plan, landscape maintenance plan, and lighting plan be approved by the Appearance Commission prior to issuance of a Zoning Compliance Permit.  The Landscape Plan should pay special attention to the buffer needs between the proposed ball fields and adjacent residentially zoned property.

 

10.  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 Building Elevations

 

11.  Building Elevation Approval:  That detailed building elevations be approved by the Appearance Commission in consultation with the Citizen's Energy Task Force, prior to issuance of a Zoning Compliance Permit.

 

12.  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 by the Town Manager prior to issuance of a Zoning Compliance Permit.

 

13.  Utility/Lighting Plan Approval:  That the final utility and lighting plan be approved by Orange Water and Sewer Authority, Duke Power, Public Service Company, Southern Bell, the Appearance Commission, Citizen's Energy Task Force, and the Town Manager before issuance of a Zoning Compliance Permit.

 

                  Miscellaneous Stipulations

 

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

 

15.  Detailed Plans:  That final detailed site plan, grading plan, utility/lighting plans, stormwater management plan (with hydraulic calculations), and a landscape plan and landscape management 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 with all applicable conditions and the design standards of the Development Ordinance and the Design Manual.

 

16.  Erosion Control:  That a 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.

 

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

 

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

 

19.  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 Council of the Town of Chapel Hill hereby approves the application for a Special Use Permit for the Northern Community Park in accordance with the plans and conditions listed above.

 

This the 13th day of  March, 1996.

 

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADJOURN THE MEETING.

 

Council Member Brown, citing the fact that some citizens had been waiting in the audience since the beginning of this evening's meeting, expressed her opposition to such a motion.  Mayor Waldorf said the motion was non-debatable.

 

THE MOTION TO ADJOURN PASSED BY A VOTE OF 8-1, WITH COUNCIL MEMBER BROWN VOTING NO.

 

THE MEETING STOOD ADJOURNED AT 11:38 P.M.