MINUTES OF A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA,

MINUTES OF A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA,

MONDAY, APRIL 14, 1997 AT 7:00 P.M.

Mayor Waldorf called the meeting to order. Council Members in attendance were Joyce Brown, Joe Capowski, Mark Chilton, Pat Evans, Richard Franck, Lee Pavao, Edith Wiggins. Council Member Julie Andresen was absent excused. Also in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Planning Director Roger Waldon and Town Attorney Ralph Karpinos.

Mayor Waldorf presented a resolution of appreciation to the members of the Campus Y Service Organization on behalf of the Town Council. Mayor Waldorf stated that the students performed many services which were beneficial to the entire community. Council Member Wiggins, a past director of th Campus Y, was also recognized for her years of involvement with the organization during her service as a University administrator.

Mayor Waldorf read the following resolution:

A RESOLUTION HONORING THE CAMPUS Y FOR ITS SERVICE TO THE CHAPEL HILL COMMUNITY (97-4-14/R-0.1)

WHEREAS, the Campus Y has been the focal point of community activism for UNC students for 137 years, guided by its mission statement: “The pursuit of social justice through the cultivation of pluralism;” and

WHEREAS, the more than 800 members of the Campus Y, through participation in 19 committees serving the community through education, activism, and reflection, log over 10,000 hours of community service each year; and

WHEREAS, the Student Environmental Action Coalition and the Student Coalition for Action in Literacy Education began as Campus Y committees in 1988 and became national organizations;

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Chapel Hill that Monday, April 14, 1997 is hereby designated as

CAMPUS Y APPRECIATION DAY

in the Town of Chapel Hill.

This the 14^th day of April, 1997.

COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT THE RESOLUTION OF APPRECIATION. THE MOTION WAS PASSED UNANIMOUSLY (8-0).

Representatives of the Campus Y expressed appreciation to the Council for adoption of the resolution. Council Member Wiggins said she had thoroughly enjoyed all of her work for, and with, the Campus Y. She also noted that Council Member Chilton had had a fair degree of involvement with Campus Y activities while he was a student at the University.

Council Member Chilton noted that a number of community leaders, including Frank Porter Graham, had been members of the Campus Y organization.

There were no hearings.

ITEM #3: PETITIONS

Amy Subber and Gretchen Willard, co-chairs of the Carolina Recreation Society March for Parks said that the March for Parks event was planned for April 19^th. They noted that proceeds from this year’s event would be used to help purchase playground equipment at the Community Center Park on Estes Drive. Ms. Subber invited Council Members and all other interested persons to participate in the March for Parks.

Council Member Franck reminded Council Members and interested persons about the Triangle Rail Fest, sponsored by the Triangle Transit Authority, slated for April 15^th at Carr Mill Mall. Noting that public transportation, especially on a regional level, was becoming a topic of greater importance, Council Member Franck said he hoped that citizens would “jump on the train” in support of regional mass rail transit.

Stating that recent studies had found that the DARE program was ineffective, a waste of citizen’s money and student’s time, Steve Wallace said some communities such as the City of Los Angeles, had discontinued the program. Mr. Wallace requested that the Council discontinue the program and spend these funds on a more effective drug prevention and education program. Mayor Waldorf noted that staff was in the process of preparing a response to Mr. Wallace’s earlier petition regarding this same concern. Council Member Brown requested that staff prepare a follow-up report on alternatives to the DARE program.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO REFER THE MATTER TO STAFF AND INCLUDE A FOLLOW-UP IN THE COUNCIL’S BUDGET DISCUSSIONS. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Joe Carsanaro expressed his concern about speeding motorists along Pinehurst Drive. He said a recent study had found that the average speed along Pinehurst Drive was 42 MPH, even though the speed limit for this road was only 25 MPH. Mr. Carsanaro requested that the Council evaluate the effectiveness of traffic calming strategies, prior to possibly connecting Pinehurst Drive to any other roadways. He also said it was important that community residents be involved in the testing and design of traffic calming strategies. Mr. Carsanaro also expressed concern that his prior meetings with Town staff about traffic calming strategies had been ineffective. Mr. Horton said that the Town Engineer and other Town staff were in the process of developing traffic calming strategies which would ultimately need to be reviewed by the Council and Transportation Board.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER FRANCK, TO REFER THE PETITION TO STAFF.

Mayor Waldorf noted that if a citizen had a concern about speeding through their neighborhood, their first course of action would be to call the Town Manager’s Office or the Police Department to request heightened traffic patrol. Mr. Carsanaro said that despite greater police traffic patrol on Pinehurst Drive, speeding motorists were still a serious problem along this roadway.

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

Fred Brooks presented a petition, signed by about five hundred citizens, requesting that the present Orange County Landfill be closed and that another landfill not be opened in Orange County. He urged the Mayor and Town Council to investigate alternative ways to reduce the generation of trash.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO RECEIVE AND REFER MR. BROOKS’ PETITION TO STAFF. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Cal Horton requested that item 4.1c be removed from the consent agenda and moved to the end of the main agenda. He also noted that the correct date for the removal of storm debris, referenced in item 4.2c, was June 30^th.

ITEM #4.1: CONSENT AGENDA

Items c, f, k, o and r were removed from the consent agenda, for discussion at the end of the regular agenda.

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT THE CONSENT AGENDA, EXCEPTING ITEMS C, F, K, O AND R. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES

(97-4-14/R-1)

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

a. Minutes of the January 27; February 10; March 3, 4, 13, 14, and 17 Council meetings.

b. Concurring with proposed joint hearing date of May 22 on integrated solid waste management plan (R-2). Council Member Franck.

c. Rescheduling budget work session of May 21 to a date to be determined by the Council (R-3).

d. Landfill Owner’s Group’s resolution regarding preparation of a solid waste management plan to meet requirement in State law (R-4). Council Member Franck.

e. Scheduling follow-up meeting on May 6 with the Chatham County Commissioners (R-5).

f. Authorizing transmittal to the Chatham County Commissioners of a report on potential public transportation services to Chatham County (R-6).

g. Resolution of appreciation for participants in the charette on the future of Town Parking Lot #5 (R-7). Mayor Waldorf.

h. Revision to the guidelines of the Housing Loan Trust Fund (R-8).

i. Deleted.

j. Authorization to publish notice of proposed McDade House lease (R-10).

k. NC 86 municipal agreement (R-11).

l. Deleted.

m. Rejecting bids for playground equipment (R-13).

n. Opposing a State bill to reduce local flexibility regarding lease- purchase agreements (R-14).

o. Intent to consider private proposals regarding future use of part of the Pritchard Park site after completion of a conceptual plan for the park (response to petition from the Chair of the Parks and Recreation Commission ) (R-15).

p. Deferring consideration of the proposed Standish Corner subdivision (R-16).

q. Budget changes:

(1) Charette regarding future use of Parking Lot #5 (O-1).

(2) Carrboro Small Area Plan facilitated meetings (O-2).

(3) Lakeshore Drive traffic calming (O-3).

(4) Historic Preservation Grant (O-4).

(5) Community Development grant project ordinance (O-5).

r. A resolution affirming the policy regarding use of civil leave by Town employees (R- 16.2). (Alternate ordinance O-5.1 would allow use of civil leave for service as an election officer.)

This the 14th day of April, 1997.

A RESOLUTION ESTABLISHING A JOINT PUBLIC HEARING OF THE GOVERNING BOARDS OF CARRBORO, CHAPEL HILL, HILLSBOROUGH AND ORANGE COUNTY ON INTEGRATED SOLID WASTE PLANNING (97-4-14/R-2)

WHEREAS, the Landfill Owners Group has adopted a schedule for development of the integrated solid waste plan that includes a public hearing on the plan, and

WHEREAS, the State of North Carolina General Statute GS130A-309.09A(b) requires that each local government hold an advertised public meeting as a minimum requirement for public participation in development of the required solid waste plan, and

WHEREAS, the Landfill Owners Group believes that a single public hearing at which all elected members of all governments of the owners group are present could be more effective in communicating citizens’ requests than a series of separate meetings by each government, and

WHEREAS, the members of the local governments have not yet given full consideration to the elements of the integrated solid waste plan

NOW THEREFORE BE IT RESOLVED by the Chapel Hill Town Council that they will host a public hearing, along with other local governments that adopt similar resolutions, on the integrated solid waste management at 7:00 p.m. on May 22, 1997, at Stanback Middle School.

This the14th day of April, 1997.

A RESOLUTION ACCEPTING THE DESIGNATION OF LEAD AGENCY FOR PREPARATION OF THE STATE PLAN FOR ORANGE COUNTY, CARRBORO, CHAPEL HILL AND HILLSBOROUGH (97-4-14/R-4)

WHEREAS The State of North Carolina requires that local governments submit a solid waste management plan by July 1, 1997; and

WHEREAS The State of North Carolina encourages submission of regional plans by cooperating jurisdictions; and

WHEREAS The Orange Regional Landfill Owners Group has already engaged in a joint planning process for integrated solid waste management that involves all four governments within the County; and

WHEREAS the Town of Chapel Hill Solid Waste Department of the Town of Chapel Hill has already acted as staff for that study and gathered much of the information that would be required in the State Plan; and

WHEREAS the Town of Chapel Hill Solid Waste Department has acted as lead staff for most solid waste planning efforts in Orange County;

NOW, THEREFORE BE IT RESOLVED by the Council of the Town of Chapel Hill that they will accept the designation of lead agency in Orange County for development and submittal of the State Solid Waste Plan.

This the 14th day of April, 1997.

A RESOLUTION SCHEDULING A JOINT MEETING WITH THE CHATHAM COUNTY BOARD OF COMMISSIONERS ON MAY 6, 1997 (97-4-14/R-5)

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

1. Formally concurs with the previously planned meeting time and date of 6 pm on Tuesday, May 6, 1997, for a joint meeting with the Chatham County Board of Commissioners at a location in Siler City to be determined by the Chatham County Board of Commissioners.

2. Invites the Carrboro Board of Aldermen and Orange County Board of Commissioners each to designate two representatives to attend the joint meeting on May 6^th.

3. Directs the Manager to give formal notice of the joint meeting to news media and interested citizens in accord with Town policy when the location of the joint meeting is determined.

4. Authorizes the Mayor to prepare the agenda for the joint meeting in consultation with Chatham County representatives and in consultation with Council Members.

This the 14^th day of April, 1997

A RESOLUTION EXPRESSING APPRECIATION FOR THE PARTICIPANTS OF THE PARKING LOT NUMBER 5 WORKSHOP (97-4-14/R-7)

WHEREAS, the citizens of Chapel Hill have expressed interest in the re-location of the Hudson-McDade house and future development of Parking Lot Number 5; and

WHEREAS, the participation of our citizens in matters affecting the use and appearance of property in Chapel Hill is of primary importance to the Council; and

WHEREAS, the expertise of the design community in Chapel Hill has proved invaluable to this Council in helping address the many issues raised regarding possible future development of Parking Lot Number 5.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Chapel Hill Town Council express sincere appreciation to all the designers who volunteered their time and talents on Saturday, March 15, 1997 in the drafting of design concepts related to the use of Parking Lot Number 5. The participating designers were Dianne Bachman, Bruce Ballentine, Teresa Crossland, Dale Dixon, Terry Eason, Gary Giles, Josh Gurlitz, John Hawkins, Michael Hining, David Swanson and Phil Szostak.

BE IT FURTHER RESOLVED that the Mayor and Town Council thank the many citizens who participated with ideas and suggestions in the workshop and express appreciation to Peter Batchelor for his leadership in organizing and conducting the workshop.

This the 14th day of April, 1997.

A RESOLUTION AMENDING THE REGULATIONS OF THE HOUSING LOAN TRUST FUND (97-4-14/R-8)

WHEREAS, the revised regulations of the Housing Loan Trust Fund adopted by the Council on October 10, 1994 (94-10-10/R-8) allow a maximum of $30,000 for a second mortgage;

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

The maximum deferred payment loan to supplement a first mortgage loan at the time of initial purchase shall not exceed $30,000; provided, however, that in the case of resale of a home with an existing outstanding Town deferred payment loan under this program, the deferred payment loan may be reissued to a new buyer and the maximum loan shall not exceed the total amount of the Town’s principal and equity share or interest due at time of resale

This the 14^th day of April, 1997.

A RESOLUTION AUTHORIZING THE MANAGER TO PUBLISH A NOTICE OF INTENT TO CONSIDER A LEASE OF LAND TO MR. THOMAS HEFFNER FOR THE PURPOSE OF ENABLING THE RELOCATION OF THE HUDSON-MCDADE HOUSE TO THE TOWN’S PARKING LOT NO. 5 (97-4-14/R-10)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to publish a notice of the Council’s intent to enter into a lease agreement with Mr. Thomas Heffner as generally described in the Manager’s report to the Council on this matter on April 14, 1997, a copy of which shall be retained with the records of this meeting.

This the 14^th day of April, 1997.

A RESOLUTION REJECTING ALL BIDS FOR THE COMMUNITY CENTER PLAYGROUND AND AUTHORIZING THE OPENING OF NEW BIDS ON APRIL 16, 1997 (97-4-14/R-13)

WHEREAS, the Town of Chapel Hill has solicited formal bids by legal notice in The Chapel Hill News on February 9, 1997 in accordance with General Statute 143-128 for construction of the Community Center Playground; and

WHEREAS, four bids were received and opened on March 4, 1997, and

WHEREAS, the Town received only one valid bid;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town rejects all bids for the construction of the Community Center Playground project and authorizes the Manager to open new bids on April 16, 1997.

This the 14th day of April, 1997.

A RESOLUTION OPPOSING SENATE BILL 317 (97-4-14/R- 14)

BE IT RESOLVED by the Chapel Hill Town Council that the Council opposes Senate Bill 317, which would unnecessarily limit local governments’ flexibility to enter into lease-purchase financing agreements.

This the 14^th day of April, 1997.

A RESOLUTION TO CONTINUE THE STANDISH CORNER CLUSTER SUBDIVISION PUBLIC HEARING (97-4-14/R-16)

WHEREAS, the Council has considered a request from the Standish Corner Cluster Subdivision developer requesting a continuation of the subdivision’s Public Hearing;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby continues the Public Hearing for the Standish Corner Cluster Subdivision from April 14, 1997 to September 15, 1997.

This the 14^th day of April, 1997.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1996” (97-4-14/O-1)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled “An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 1996” as duly adopted on June 10, 1996 be and the same is hereby amended as follows:

Current Revised

APPROPRIATIONS Budget Increase Decrease Budget

GENERAL FUND

Non-Departmental 28,466 3,000 25,466

Contingency

Planning 751,728 3,000 754,728

This the 14^th day of April, 1997.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNINGG JULY 1, 1996 (97-4-14/O-2)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled “An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 1996 as duly adopted on June 10, 1996 be and the same is hereby amended as follows:

ARTICLE I

Current Revised

APPROPRIATIONS Budget Increase Decrease Budget

Non-Departmental $19,466 $ 1,800 $17,666

Contingency

Mayor/Council 163,897 1,800 $165,697

This the 14^th day of April, 1997.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1996” (97-4-14/O-3)

ARTICLE I

Current Revised

Budget Increase Decrease Budget

APPROPRIATIONS

GENERAL FUND

Non-departmental

Contingency 23,666 7,247 16,419

Transfer to Capital

Improvements Fund 170,000 7,247 177,247

CAPITAL IMPROVEMENTS

FUND 1,843,838 7,247 1,851,085

ARTICLE II

Current Revised

Budget Increase Decrease Budget

REVENUES

CAPITAL IMPROVEMENTS

FUND

Transfer from General Fund 170,000 7,247 177,247

This the 14th day of April, 1997.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1996 (97-4-14/O-4)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget ordinance entitled “An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 1996” as duly adopted on June 9, 1996 be and the same is hereby amended as follows:

ARTICLE I

Current Revised

Budget Increase Decrease Budget

APPROPRIATIONS

GENERAL FUND

Non-Departmental

Contingency 16,419 3,500 12,919

Planning 754,728 7,500 762,228

ARTICLE II

Current Revised

Budget Increase Decrease Budget

REVENUES

Grants 1,606,219 4,000 1,610,219

This the 14^th day of April, 1997.

AN ORDINANCE TO AMEND THE COMMUNITY DEVELOPMENT ENTITLEMENT GRANT PROJECT ORDINANCE (97-4-14/O-5)

BE IT ORDAINED by the Council of the Town of Chapel Hill that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following grant project ordinance is hereby amended to read as follows:

SECTION I

The projects authorized are the Community Development projects as approved by the Council on May 29, 1996, October 16, 1996 and March 24, 1997: funds are as contained in the Funding Approval and Grant Agreement between the Town and the U.S. Department of Housing and Urban Development (HUD). The projects are known more familiarly as the 1996 Entitlement Community Development Block Grant. The grant activities include neighborhood revitalization, rehabilitation of public housing, and support of organizations that provide community services to low-income residents.

SECTION II

The Manager of the Town of Chapel Hill is hereby directed to proceed with the grant project within the terms of the grant document (s), the rules and regulations of the U.S. Department of Housing and Urban Development, and the budget contained herein.

SECTION III

The following revenues are anticipated to be available to complete this project:

Current Budget Revised Budget

Community Development Grant 459,000 459,000

Program Income 108,770 76,050

TOTAL 567,770 535,050

SECTION IV

Appropriations for the project are amended to include the following for the 1996 - 97 grant year:

Current Budget Revised Budget

Rehabilitation of Public Housing 341,000 341,000

Property Acquisition (EmPOWERment) 70,000 0

Neighborhood Revitalization 45,000 82,280

Site Improvements (OCHC) 23,770 23,770

Community Services (IFC, YMCA, 30,000 30,000

Community School for People Under 6)

Capital Improvements (Parking Lot) 5,000 5,000

Administration 53,000 53,000

TOTAL 567,770 535,770

SECTION V

The Finance Director is hereby directed to maintain within the Grant Project Fund sufficient specific detailed accounting records to provide the accounting to HUD as required by the grant agreement (s) and Federal and State regulations.

This the 14^th day of April, 1997.

ITEM #4.2: INFORMATION REPORTS

Council Member Evans requested the removal of item b for discussion. There was Council concurrence to receive citizen comments at the present time, rather than later in the meeting.

George Wretch-Bogart requested the Council’s assistance to find locations for skateboarding facilities

Brian Oglivie said that a number of young people were interested in building small ramps for skateboarding practice at the park and ride lot on Eubanks Road. Mr. Oglivie stated that the skateboarding enthusiasts were in the process of raising funds to build the ramps.

Mayor Waldorf stated that the Council was ready and willing, but not able at the moment, to take any kind of action on this matter. Mayor Waldorf said that she supported the effort to try to find a place for skateboarding prior to the opening of an official skateboarding facility at the Northern Community Park.

Stating that liability matters were an important consideration, Mr. Horton said that skateboarding could possibly take place on an informal basis at some Town facilities (other than on downtown sidewalks). He noted that the Town was not presently able to provide a supervised, controlled skateboarding facility at present.

Stating that the City of Fayetteville had a very good skateboarding facility, Council Member Capowski asked whether the Town could be sued if someone broke an ankle while participating in a Town-sanctioned softball game. Mr. Horton said if someone chose to sue in this instance, the Town could be covered in terms of liability. He noted that the Town had not been able to find insurance coverage for a skateboarding facility.

Council Member Chilton inquired about circumstances in which some smaller municipalities dropped all insurance and were therefore immune from these types of lawsuits. Mr. Karpinos said the situation was somewhat more complex than suggested by this hypothetical scenario.

Expressing frustration that the Town had not been able to come up with a plan for a skateboarding facility over the past 3 ½ years, Council Member Evans encouraged skateboarders to find a facility which met the parameters outlined by the Manager. She also said that the Council would continue to attempt to meet the needs of skateboarders.

Council Member Pavao asked whether the proposed Northern Community Park skateboarding facility would be insured. Mr. Horton said this was correct, since the proposed facility would be supervised and controlled by the Town.

ITEM #5: REPORT ON ORANGE COUNTY EROSION AND SEDIMENTATION CONTROL ORDINANCE

Orange County Erosion Control Officer Warren Faircloth presented a brief overview of erosion and sedimentation controls, noting that greater emphases was being placed on keeping area streams and bodies of water cleaner.

Council Member Evans inquired whether or not Mr. Faircloth’s jurisdiction included construction projects on the University campus. Mr. Faircloth said that the University was not included in his jurisdiction. He noted that the University system had three inspectors to handle a fifteen to seventeen county area.

Council Member Capowski inquired whether or not there was sufficient staff to respond to individual complaints about erosion and sedimentation control concerns. Mr. Faircloth said although it might be desirable to have additional personnel at some times, there was not always a sufficient amount of development activity to hire additional staff.

Council Member Franck asked how often new “skimmer” techniques were used. Mr. Faircloth replied that many developers, including Southern Village, when contacted, were being convinced to use these new measures. Mayor Waldorf inquired whether or not fines were sometimes imposed. Mr. Faircloth stated that fines of $500 per day were only imposed after stop work orders were issued or grading permits were revoked. Council Member Brown inquired about the extent of Mr. Faircloth’s overview of development plans in the Chapel Hill area. Mr. Faircloth stated that since 1986, Orange County had enforced provisions of the erosion and sedimentation control ordinance within the Town’s limits.

ITEM # 6: RECOMMENDATIONS BY THE HUMAN SERVICES ADVISORY BOARD REGARDING HUMAN SERVICES PERFORMANCE AGREEMENTS

Ed Devaney, Chair of the Human Services Advisory Board, noted that although the total allocation for human service performance agreements was only $130,000, funding requests totalling $242,537 had been received from thirty-one local non-profit agencies. He said that the Board was requesting that the Council allocate the overall funding allocation by $10,000 to $140,000.

Council Member Chilton, Council liaison to the Human Services Board, suggested that funding of the Middle Schools After School Program be reviewed by the Human Services Board.

ITEM #7: PUBLIC HEARING ON REQUESTED CHANGE OF CONDITIONS OF APPROVAL FOR THE PARKSIDE SPECIAL USE PERMIT

Planning Director Roger Waldon noted that one of the conditions of approval for the Parkside development was that there would be no connection to NC 86 during construction. He stated that given problems with construction traffic using Longbrook Drive, staff was proposing that existing wording be modified to permit construction access from NC 86 to the proposed Parkside development.

Don Fraley, President of M/I Homes, the developer of Parkside, said he supported the proposed change.

Carol Ortiz, a resident of the Northwood V development, said she also supported the proposed resolution. She also requested that signs be posted to prohibit construction traffic along Longbrook Drive. Mr. Horton said if the developer were willing to post such a sign, the Town would concur with this suggestion. Mr. Fraley concurred with the proposal, adding that there might be times in the future when the proposed access from NC 86 would not be usable, therefore necessitating the use of Longbrook Drive. He added that this was a slight possibility and might not happen at all.

COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO CLOSE THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 17. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION APPROVING A MODIFICATION OF PRELIMINARY PLAT APPROVAL FOR PARKSIDE CLUSTER SUBDIVISION (97-4-14/R-17)

WHEREAS, the Council of the Town of Chapel Hill approved a Preliminary Plat for Parkside Cluster Subdivision on March 13, 1996; and

WHEREAS, conditions of the approval referenced NC Highway 86 access and road improvements; and

WHEREAS, the Town Council received a petition on March 24, 1997 from neighbors in the Northwood V Subdivision which requested interpretation of the March 13, 1996 stipulations regarding construction access to NC Highway 86; and

WHEREAS, the Town Council called a Public Hearing to consider adjustments to the Preliminary Plat Approval;

NOW, THEREFORE, BE IT RESOLVED that the Council of the Town of Chapel Hill hereby modifies the conditions of the March 13, 1996 Preliminary Plat Approval for Parkside Cluster Subdivision to allow the replacement of stipulation #32 with the following language:

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 Highway 86 other than a construction access.

This the 14th day of April, 1997.

ITEM #8 PRESQUE ISLE REZONING AND SPECIAL USE PERMIT REQUESTS

Planning Director Roger Waldon noted that the location of the proposed Presque Isle was near the intersection of Sage and Erwin Roads. Stating that rezoning of the subject property would not be consistent with the Town’s Comprehensive Plan, Mr. Waldon said that staff was recommending denial of the applicant’s rezoning and special use permit requests. He stated that if the Council chose to approve the requests, staff recommended that the Council require the applicant to provide improvements to Erwin Road which were

consistent with existing conditions and improvements.

Jack Smyre, the applicant’s representative, said his main point to the Council was that the current zoning was not the right one for his client’s property. He added that all of the Town’s development-related advisory boards had reviewed the proposal and recommended its approval to the Council.

Council Member Evans asked whether Mr. Smyre was saying that zoning for adjoining projects was less dense than zoning proposed for Presque Isle. Mr. Smyre said that the proposed Presque Isle development would be less dense than many other projects in the area. Responding to a question from Council Member Andresen regarding on-site stormwater, Mr. Smyre said that the applicant was proposing the use of a retention pond, supplemented by a fountain for visual appeal.

Council Member Wiggins requested additional information regarding the wall being proposed by the applicant. Mr. Smyre said that the wall would be articulated with bricks with a wrought iron gate, forty feet long, four and half feet high and setback about twenty-five feet from the sidewalk.

Council Member Franck expressed concern about the inaccuracy of a diagram showing the current condition of the intersection of Erwin and Sage Roads. He expressed frustration that the roadway was not striped for bicyclists, although adequate pavement exists for it to be striped. Mr. Smyre stated that the roadway had been widened to forty feet plus in this area by two recent site developments. Mr. Smyre said that his client was planning to rebuild and widen an existing five foot sidewalk to eight feet.

Mayor Waldorf noted that she had recently received a call from Linda Convissor, a member of the U.S. 15-501 Major Investment Study Group. Mayor Waldorf said that Ms. Convissor had expressed her support for the proposed development, noting that it was a good place for a multi-family project.

COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADJOURN THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT RESOLUTION A, DENYING THE REQUEST FOR REZONING.

Stating that this had been a difficult conclusion to reach, Council Member Brown noted that although traffic was increasing in this area, there were no plans to widen Erwin Road or to provide additional mass transit service.

Noting that the planned development might be a beneficial one, Council Member Chilton said that the Council had to deny the rezoning because it was not consistent with the Town’s Comprehensive Plan.

Expressing concurrence with Council Member Chilton’s observation that the proposed project was not consistent with the Town’s Comprehensive Plan, Council Member Franck said he could support a project having medium density of four to eight units per acre.

Noting that new development, including the new East Chapel Hill High School, were proposed for the area, Council Member Evans said roadway and transit improvements would ultimately be needed in this area. Stating that the subject property was a good place for multi-family development, Council Member Evans expressed her support for the proposed project.

Noting that she placed a great deal of weight on the staff’s recommendations to the Council, Council Member Wiggins asked how this project differed from others which had been recommended for rezoning. Mr. Horton said although it was a close call, the proposed project did not pass the basic test based on the Council’s land use plan, policies and existing ordinances.

Council Member Pavao said he concurred with Council Member’s Evans thoughts on the matter. Noting that all of the advisory board’s had favored the proposed project, Council Member Pavao said he would not support the resolution of denial.

Mayor Waldorf said the proposed project was a good one in a good location and she would therefore not be voting for the resolution of denial.

THE RESOLUTION OF DENIAL PASSED BY A VOTE OF 5-3, WITH MAYOR WALDORF AND COUNCIL MEMBERS EVANS AND PAVAO VOTING NO.

A RESOLUTION DENYING AN APPLICATION FOR A SPECIAL USE PERMIT FOR PRESQUE ISLE (File Number 26..42) (97-4-14/R-19a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by Joseph C. Ghidorzi, on property identified as Chapel Hill Township Tax Map 26, Lot 42, if developed according to the site plan dated June 11, 1996 and revised January 13, 1997 and the conditions listed below, would not:

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, or be a use or development that 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 finds:

1. The development as proposed does not meet the requirements of a Residential-2 zoning district.

BE IT FURTHER RESOLVED that the Council hereby denies the application for a Special Use Permit for Presque Isle.

This the 14th day of April, 1997.

COUNCIL MEMBER CHILTON MOVED TO REFER THE SPECIAL USE PERMIT REQUEST BACK TO THE MANAGER, STAFF AND APPLICANT.

Council Member Chilton explained that there was a chance that the applicant could revise plans and request a different zoning without having to go through the whole process from the beginning Mr. Horton said if the Council chose to deny the rezoning and special use permit application this evening, then any development plans would have to be completely reworked and resubmitted by the applicant. He added that if Council Member Chilton’s suggestion were accepted by the Council, then the applicant could revise and possibly come back with a plan having a lower density in line with the Town’s Comprehensive Plan. Council Member Capowski said he wished to clarify that the Council was not inviting another rezoning.

COUNCIL MEMBER’S CHILTON’S MOTION WAS SECONDED BY COUNCIL MEMBER FRANCK. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

ITEM #9: RESOLUTION REGARDING TRANSPORTATION IMPROVEMENT PROGRAM

Transportation Planner David Bonk said that the Transportation Advisory Committee was scheduled to take final action in early May regarding a transportation improvement program, at which point negotiations would begin with the State Department of Transportation. He stated that the Manager’s recommendation was to endorse the plan as presented.

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 20. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION ENDORSING THE DRAFT DURHAM-CHAPEL HILL-CARRBORO URBAN AREA 1998-2004 METROPOLITAN TRANSPORTATION IMPROVEMENT PROGRAM AND RECOMMENDING APPROVAL BY THE TRANSPORTATION ADVISORY COMMITTEE (97-4-14/R-20)

WHEREAS, it is the policy of the Town of Chapel Hill to develop a balanced transportation system for the citizens of Chapel Hill, to include roadways, public transit services, bicycle and pedestrian facilities; and

WHEREAS, the Town of Chapel Hill has considered its transportation needs and identified projects that would meet the Town’s transportation goals; and

WHEREAS, the Durham-Chapel Hill-Carrboro Transportation Advisory Committee has prepared a draft Metropolitan Transportation Improvement Program; and

WHEREAS, the Council has reviewed the draft 1998-2004 Metropolitan Transportation Improvement Program;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council recommends to the Transportation Advisory Committee that the draft 1998-2004 Metropolitan Transportation Improvement Program be approved.

This the 14th day of April, 1997.

ITEM #11 PETITION TO RECONSIDER COUNCIL’S VOTE ON DISCUSSION OF COMPREHENSIVE PLAN

COUNCIL MEMBER WIGGINS MOVED TO RECONSIDER COUNCIL’S VOTE OF OCTOBER 28, 1996 TABLING DISCUSSION OF THE REWRITING OF THE COMPREHENSIVE PLAN. COUNCIL MEMBER EVANS SECONDED THE MOTION.

Noting that the Council was in the process of discussing budget matters, Council Member Brown said that the rewriting of the Plan would cost an estimated $50,000, excluding contracting out of some of the work. She added that the Comprehensive Plan was slated to be reworked as part of the Shaping Orange County’s Future plan. Council Member Brown said she thought that $50,000 was too much to expend for the sake of gaining a few months.

Council Member Wiggins said that there was no specific date included in her proposed resolution. Council Member Wiggins added that she was only requesting a Council discussion of the matter, rather than voting on whether or not to initiate work on the Town’s Comprehensive Plan.

Council Member Capowski asked whether a date could be added to the resolution to make it clearer.

Mayor Waldorf reminded the Council that if the resolution passed, there should be close attention paid to scheduling and costs.

Council Member Capowski asked Town staff to report back to the Council with the cost of how much it would cost if the Comprehensive Plan were to be incorporated in conjunction with Shaping Orange County’s Future efforts, and how much it would cost if the Town staff independently revised the Comprehensive Plan.

Noting that the proposed Presque Isle was a good example of how the Comprehensive Plan was out of date in some respects, Ruby Sinreich said she supported the proposed resolution. She also noted the importance of integrating topic areas such as transit overlay zones into the Town’s Comprehensive Plan.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO SUBSTITUTE A MOTION TO MAKE REWORKING OF THE COMPREHENSIVE PLAN A PART OF THE EFFORT OF THE SHAPING ORANGE COUNTY’S FUTURE TASK FORCE. THE SUBSTITUTE MOTION FAILED BY A VOTE OF 3-5, WITH COUNCIL MEMBERS BROWN, CHILTON AND FRANCK VOTING IN FAVOR OF THE MOTION.

Council Member Capowski made a friendly amendment which would schedule the discussion on May 12^th. The friendly amendment was accepted by the mover and seconder.

THE MAIN MOTION, AS AMENDED, WAS ADOPTED BY A VOTE OF 5-3, WITH COUNCIL MEMBERS BROWN, CHILTON AND FRANK VOTING NO.

MOTION MADE BY COUNCIL MEMBER WIGGINS TO RECONSIDER ACTION TAKEN BY COUNCIL ON OCTOBER 28^TH . MOTION PASSED 5 TO 3 WITH BROWN, CHILTON AND FRANCK VOTING NO.

Mayor Waldorf suggested that the Council clarify any additional information needs relative to the Comprehensive Plan. She also said that cost and scheduling were clearly the key issues at stake. Council Member Wiggins stated that there was also a cost of not having a Comprehensive Plan which gave clear direction.

Council Member Chilton requested that the Council address item #14 at the next meeting,

since he had not been able to meet with Mr. R.D. Smith on this matter.

ITEM #15: 1997-98 OUTSIDE AGENCY FUNDING

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT RESOLUTION 23, INCLUDING AN AMENDMENT THAT THE HUMAN SERVICES BOARD, RATHER THAN THE COUNCIL, WOULD REVIEW THE FUNDING REQUEST OF THE MIDDLE SCHOOLS AFTER SCHOOL PROGRAM.

Council Member Franck said although he favored having the Human Services Board review funding of the After Schools program, he would vote against the resolution because it had the effect of putting a cap on human services spending.

Council Member Chilton replied that these figures were there to help the Human Services Board anticipate what was available so as to be able to dole out the money accordingly.

Council Member Capowski inquired whether this resolution was in addition to Resolution 23. Mr. Horton said this was correct.

THE MOTION WAS ADOPTED BY A VOTE OF 7-1, WITH COUNCIL MEMBER FRANCK VOTING NO.

A RESOLUTION REGARDING THE OVERALL LEVEL OF TOWN CONTRIBUTIONS TO OUTSIDE AGENCIES IN 1997-98 (97-4-14/R-23)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby expresses intent not to increase the overall level of contributions to outside agencies in the 1997-98 service year.

BE IT FURTHER RESOLVED that the After Schools Middle School Program shall submit its funding requests to the Human Services Advisory Board and that total available human service funding for FY 1997-98 shall be $167,000.

This the 14^th day of April, 1997.

ITEM #15: RESOLUTION OF BUDGET WORK SESSION

Mr. Horton said that the Council could possibly hold a budget work session on May 29^th.

After discussion, the Council decided to leave the budget work session on May 21^st, as originally scheduled.

ITEM #4f: PROVISION OF BUS SERVICE TO CHATHAM COUNTY

Council Member Capowski said although staff had drafted an excellent report, it was ultimately up to Chatham County residents to determine when and where buses might run in Chatham County. Council Member Franck said that this was implicit in the staff’s report. He inquired about anticipated usage figures for buses in Chatham County. Mr. Horton said at this point there was no way to determine the possible service demand.

COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER FRANCK, TO ADOPT RESOLUTION 6. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION AUTHORIZING THE MANAGER TO SEND A REPORT ON THE FEASIBILITY OF TRANSIT SERVICE FOR NORTHERN CHATHAM COUNTY TO THE CHATHAM COUNTY COMMISSIONERS (97-4-14/R-6)

BE IT RESOLVED by the Chapel Hill Town Council that the Council authorizes the Manager to send a report on the feasibility of transit service in northern Chatham County to the Chatham County Commissioners.

BE IT FURTHER RESOLVED that this report on transit service in Chatham County, will be included on the agenda for discussion between the Council and the Chatham County Commissioners at as meeting scheduled for May 6, 1997.

This the 14th day of April, 1997.

ITEM # 4k: NC 86 MUNICIPAL AGREEMENT

Council Member Capowski expressed his displeasure that the Town was going to have to pay twenty percent of the cost of widening Airport Road. Council Member Capowski said it was his understanding that the North Carolina Department of Transportation would be paying all of these costs.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 11. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A MUNICIPAL AGREEMENT WITH THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION REGARDING THE N.C.86 IMPROVEMENT PROJECT BETWEEN HOMESTEAD ROAD AND WHITFIELD ROAD (97-4-14/R-11)

WHEREAS, the Town of Chapel Hill and the North Carolina Department of Transportation have agreed upon and funded a roadway improvement project for Route N.C.86 between Homestead Road and Whitfield Road; and

WHEREAS, the Town has requested that the project include a center median, sidewalks, and bike lanes; and

WHEREAS, the Town has agreed to share in the cost of the requested median, sidewalks, and bikelanes; and

WHEREAS, a municipal agreement has been prepared which outlines the project elements, cost sharing arrangements, and responsibilities of the Town and State regarding this project.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council herewith authorizes the Mayor to execute the municipal agreement (copy attached) between the Town and the North Carolina Department of Transportation regarding the N.C.86 Improvement Project between Homestead Road and Whitfield Road.

This is the 14^th day of April, 1997.

#4.1o: FUTURE USE OF PRITCHARD PARK

Mr. Horton introduced the matter by noting that the Town was ready to consider any reasonable private offer to jointly develop Pritchard Park. He added that the Town staff had not yet authorized the architects to start work on a conceptual plan for Pritchard Park.

Richard Gurlitz expressed a desire to be involved in the plans for Pritchard Park, including the possibility of a public/private venture to develop the portion of the park immediately behind the Hotel Siena.

Council Member Capowski inquired about the long-range master plan for the development of Town parks. Parks and Recreation Director Mike Loveman said that these plans were outlined in the Community Facilities Plan. Council Member Capowski said he wanted to make sure that going ahead with the Hotel Siena proposal would not result in any sacrifices in the Northern Community Park or other project currently underway. Stating that there was no connection between Northern Community Park and Pritchard Park, Mr. Horton said that funding of $100,000 for this project was coming from the Pritchard family and could only be spent for this site.

Council Member Brown suggested changing wording in the proposed resolution so it was clear that there was an emphasis to proceed with site analysis and a conceptual plan.

Council Member Pavao, Council liaison to the Parks and Recreation Commission, said that the Commission was ready, willing and eager to move ahead with this process.

Council Member Franck wanted Council Member Brown to see that the wording of this resolution, as is, states exactly what it is she was concerned about.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO ADOPT RESOLUTION 15.

Mayor Waldorf suggested adding a friendly amendment to address Council Member Brown’s concerns.

Council Member Pavao inquired whether or not citizens, including the owners of the Hotel Siena would be allowed to participate in the conceptual plan process. Mr. Horton said that any citizen wishing to do so would have the opportunity to participate in the conceptual plan process.

RESOLUTION 15, AS AMENDED, WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION OF INTENT TO CONSIDER PRIVATE PROPOSALS REGARDING FUTURE USE OF PRITCHARD PARK AFTER PREPARATION OF A SITE ANALYSIS AND CONCEPTUAL PLAN FOR THE PARK (97-4-14/R-15)

BE IT RESOLVED by the Council of the Town of Chapel Hill that a site analysis and conceptual plan for Pritchard Park be developed. This plan should contain various options for the use of the site with pros and cons. The Council will consider private proposals, if any are made, for possible public-private development of part of the park.

This the 14^th day of April, 1997.

ITEM #4r: CIVIL LEAVE FOR TOWN EMPLOYEES

Council Member Chilton asked that the item be put on the next meeting as he knew of a citizen who wanted to speak but was not able to make it to this evening’s meeting.

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

The meeting concluded at 9:37 p.m.