SUMMARY MINUTES OF A REGULAR BUSINESS MEETING
OF THE CHAPEL HILL TOWN COUNCIL
MONDAY, JANUARY 24, 2000 AT 7:00 P.M.
Mayor Rosemary Waldorf called the meeting to order at 7:00 p.m.
Council Members in attendance were Flicka Bateman, Joyce Brown, Pat Evans, Kevin Foy, Lee Pavăo, Bill Strom, Jim Ward and Edith Wiggins.
Staff members present were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Finance Director Jim Baker, Police Major Gregg Jarvies, Human Services Coordinator Karen Rose, Planning Director Roger Waldon, and Town Clerk Joyce Smith.
Mayor Waldorf reported that, due to the snow already falling and the possibility of dangerous driving conditions, the Council felt it prudent to adjourn early in the evening. She said the agenda items the Council would consider this evening would be petitions by citizens, the consent Agenda, and Items #10, 11, and 15. She asked if the Council wished to defer Item #7, Meadowmont Affordable Housing—Application for Special Use Permit, which would probably take a half-hour of discussion.
The Council voted not to defer Item #7 by a vote of 5-4, with Mayor Waldorf, and Council Members Brown, Pavăo, and Wiggins voting to defer, and Council Members Bateman, Evans, Foy, Strom, and Ward voting not to defer
Mayor Waldorf reiterated: those Items to be considered would be Citizen Petitions, the Consent Agenda, Item #7—Meadowmont, Item #10—Authorization for the Sale of $4,700,000 of General Obligation Bonds on February 8, 2000, Item # 11—Extending Services to Proposed Annexation Areas, and Item #15—Adoption of Order regarding Time-Warner Cable FCC filings.
Mayor Waldorf noted all other items would be deferred for consideration on January 25, 2000, following the conclusion of the Public Hearing on the 2000-20001 budget, and advised those who might want to speak on any of these items to call the Town Hall at 3:00 p.m. on Tuesday, to confirm that the meeting had not been cancelled due to weather conditions.
Council Member Wiggins asked for a periodic report on the condition of the roads, so that people in the audience could be cognizant of the road factors. Mr. Horton said reports of road conditions would be checked at the half-hour by a representative of the Police Department who was present.
WHEREAS as we begin our journey into the new millennium it is of the utmost importance that we take all steps necessary to eradicate practices of discrimination against individuals, which are detrimental to the peace, welfare and progress of our Country; and
WHEREAS the Human Relations Commission believes that in order to achieve justice and equal opportunity for all Orange County residents, we must all strive to create an atmosphere where people are valued and accepted rather than merely tolerated, and therefore have chosen to promote that idea through the theme: “Building Bridges: From Tolerance to Acceptance”; and
WHEREAS the Human Relations Commission honors youth leaders, individuals and businesses who exemplify the ideals of justice and equality in the tradition of Dr. Pauli Murray with an award; and
WHEREAS the Orange County Human Rights and Relations Commission and Department have diligently served the County of Orange since 1995 and are committed to promoting equal treatment, opportunity and understanding throughout the community; and
WHEREAS the County’s Civil Rights Ordinance specifically prohibits discrimination based on an individual’s race, color, creed, religion, national origin, sex, disability, age, veteran status and familial status; and
WHEREAS the County recognizes the dignity and worth of each individual and desires to promote and maintain a climate of good will among individuals, races, ethnic groups and persons of varying social, religious and economic status, ancestry, sexual orientation, marital status or status with regard to public assistance;
NOW, THEREFORE, I, Rosemary I. Waldorf, Mayor of the Town of Chapel Hill, do hereby proclaim February 2000, to be
in Chapel Hill and challenge our citizens to celebrate multicultural is in our county by encouraging citizens to embrace our diversity.
This the 24th day of January, 2000.
(1) Gary Dwyer
Mr. Dwyer said that, in order to provide baseline data, a petition was before the Council for traffic counts to be conducted for the northwest side of the Briarcliff/Ridgefield Park neighborhood before the Willow Drive bridge was reopened. He said the baseline date would be important to support the efforts of a Town-citizen coalition to understand and address the traffic concerns in this neighborhood, specifically the volume and nature of cut-through traffic, which had greatly diminished since the bridge was closed. Mr. Dwyer asked the Council to officially sanction the traffic-study group so that it would have an official nature.
Mr. Horton informed the Council that he had already ordered the Traffic Engineer to do this.
MAYOR PRO TEM PAVĂO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO RECEIVE AND REFER THE PETITION TO THE MANAGER, AND TO SANCTION THE NEIGHBORHOOD WORK GROUP. THE MOTION WAS ADOPTED UNANIMOUSLY. (9-0).
(2) Claudia Sheppard, Treasurer of the Northwood Homeowners’ Association
Ms. Sheppard submitted a petition from the Association for the continuation of a sidewalk alongside the west side of Airport Road extending from the Weaver Dairy Road intersection northward to the light at the entrance to the Chapel Hill North Shopping Center. She said the total length of the proposed sidewalk would be approximately 600 to 700 feet, adding there was no sidewalk on the west side of Airport Road, a 7-8 lane highway at that point, and there was no safe place to walk or bicycle from the Northwood subdivision to the shopping center. Ms. Sheppard said she had spoken with representatives of the North Carolina Department of Transportation (NCDOT) and was told that pedestrian crossings could be installed if there was a sidewalk.
COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER STROM, TO RECEIVE AND REFER THE PETITION TO THE MANAGER, AND TO CONFIRM THE COMMITMENTS FROM THE NCDOT. THE MOTION WAS ADOPTED UNANIMOUSLY. (9-0).
Council Member Bateman said that a large number of the residents of the Northwood neighborhood had planned to attend the Council meeting this evening to show their support of the petition, but that she had dissuaded them from attending, due to the storm and the safety factors of the roads.
Council Member Ward asked what constituted a sidewalk in terms of the NCDOT’s willingness to fund a crosswalk. Mr. Horton said the staff would inquire.
(3) Richard Goldberg, Vice-President of the Haw River Assembly
Mr. Goldberg presented a map to indicate the impaired streams in Chapel Hill, all flowing into Jordan Lake, which is used for drinking water as well as recreation. He said the State had recently declared the Haw River a Category One for restoration in 1999-2000 as part of the EPA’s Unified Watershed Assessment under the Clean Water Act. Mr. Goldberg noted that Jordan Lake was part of the Haw River watershed.
William Pollitzer, a resident of Morgan Creek Road, requested the Council to:
· Work with OWASA to improve the waste water treatment plant,
· Strictly enforce erosion control regulations for construction projects,
· Set up a clear chain of responsibility within the town government for handling sediment pollution incidents,
· Educate the public as to how they could report sightings of sediment or other pollution,
· Apply for grants from the state to fund long term restoration to stream water quality, and
· Utilize the expertise of the community, environmental organizations, and other local citizens to advise the Town on this issue as well as other environmental issues.
COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER FOY, TO RECEIVE AND REFER THE PETITION TO THE MANAGER. MR. STROM ALSO REQUESTED THAT THE MANAGER COME BACK TO THE COUNCIL WITH A DISCUSSION OF PHASE II WATER REGULATIONS FROM THE STATE UNDER SECTION 303D, AND HOW THE TOWN WOULD DEAL WITH TOTAL MAXIMUM DAILY LOADS AND STORMWATER.
Council Member Evans added that an Upper Cape Fear River Basin group had been formed and there was monitoring by Triangle J, and she wanted those efforts to be included in the report.
Council Member Ward asked if the Town could create stricter erosion control measures. Mr. Horton said he would provide reports of measures already taken before Council Member Ward became a member of the Council.
Council Member Bateman suggested asking OWASA for a report.
Council Member Strom said he would consider that a friendly amendment to his motion.
THE ADDITIONS TO THE MOTION WERE ADOPTED UNANIMOUSLY (9-0).
(4) Joe Capowski
Mr. Capowski said he was petitioning the Council on behalf of his neighbors with a request that the Town close the easternmost block of Coolidge Street, from Old Pittsboro Road to South Columbia Street, to automobile traffic, which would eliminate the intersection of Coolidge Street and South Columbia Street.
Council Member Ward asked if left-hand turns out of Coolidge Street were prohibited would that be preferable to closing the street. Mr. Capowski answered that left-turn lanes were already prohibited there, adding that was the least of the unsafe alternatives.
COUNCIL MEMBER BROWN MOVED, SECONDED BY MAYOR PRO TEM PAVĂO, TO RECEIVE AND REFER THE PETITION TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
(5) Nancy Preston, Board of Trustees of the Chapel Hill Museum
Ms. Preston said the petition to the Council from the Museum Board contained two requests: (1) that the Town provide annual sustaining funds of $20,000 for operating support; and (2) that the Town provide upkeep of the physical plant through the provision of routine facility maintenance and a program of capital asset management. Ms. Preston said the Town supported other cultural organizations, specifically naming the ArtsCenter in Carrboro, and noted the Museum would be developing a significant outreach program for the community. She concluded by saying she felt the Town should provide similar funding and support.
Alan Rimer, Chapel Hill Museum Board of Trustees member, asked that the Town assist in the management and upkeep of the Museum, which is a major capital asset. He said this burden would be too much for the Museum to assume, and he believed that both of the requests were reasonable.
MAYOR PRO TEM PAVĂO MOVED, SECONDED BY COUNCIL MEMBER WARD, TO RECEIVE AND REFER THE PETITION TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
COUNCIL MEMBER BROWN MOVED, SECONDED BY MAYOR PRO TEM PAVĂO, TO INCLUDE THE MEMO SHE HAD DISTRIBUTED TO THE COUNCIL IN THE DISCUSSION OF ITEMS 12 AND 13. THE MOTION WAS ADOPTED UNANIMOUSLY. (9-0).
Council Member Brown requested a report from the staff on Item c—the Drug Elimination Grant Program, to include what progress had been made and an update on the effectiveness of any of the programs.
Mayor Waldorf suggested a report on Project Turnaround be included.
Council Member Strom asked if the funding for the law-enforcement section on page 4 of the memo would affect the budget requests from the Police Department. Mr. Horton said the funding for a drug elimination grant, as a matter of law, could not replace the existing funding. He said it would make possible the continuation of the work being done, and if the funding were not available, the staff would be recommending that the funds be made available from the General Fund.
COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 1. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES
(2000-01-24/R-1)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the following minutes, resolutions and ordinances as submitted by the Town Manager in regard to the following:
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a. |
Resolution authorizing municipal agreement for improvement to railroad warning devices and budget ordinance (R-2) (O-1). |
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b. |
Response to request for stop sign installations on Scarlette Drive at its intersection with Legion Road and restricting on-street parking on segments of Scarlette Drive and Legion Road (O-2). |
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c. |
Acceptance of HUD Drug Elimination Grant (R-3) (O-3). |
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d. |
Budget amendment regarding appraisal of Old Municipal Building and Police Building (O-4). |
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e. |
Request for expedited processing of Special Use Permit application for First Baptist and Manley Estates (R-4). |
This the 24th day of January, 2000.
A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE A MUNICIPAL AGREEMENT FOR RAILROAD WARNING DEVICE IMPROVEMENTS AT THE CAMERON AVENUE/SOUTHTERN PACIFIC RAILROAD CROSSING
2000-01-24/R-2)
WHEREAS, it has been determined that improvements are warranted in the railroad warning devices at the Cameron Avenue/Southern Pacific Railroad crossing; and
WHEREAS, the State has agreed to pay 90% of the construction costs and the annual maintenance costs of said warning devices, if the Town agrees to fund the remaining 10%; and
WHEREAS, the Town and State must enter into a municipal agreement to implement the improvements;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to execute a municipal agreement outlining the cost-sharing and responsibilities of the State and Town regarding construction and maintenance of the railroad crossing warning devices of the Cameron Avenue/Southern Pacific Railroad crossing.
This the 24th day of January, 2000.
AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1999 (2000-01-24/O-l)
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, 1999” as duly adopted on June 14, 1999 be and the same is hereby amended as follows:
ARTICLE I
Current Revised
APPROPRIATIONS Budget Increase Decrease Budget
GENERAL FUND
Non-Departmental
Transfer to Capital
Improvements Fund 300,000 9,000 309,000
CAPITAL
IMPROVEMENTS FUND 1,726,730 9,000 1,735,730
ARTICLE II
REVENUES Budget Increase Decrease Budget
GENERAL FUND
Fund Balance 1,611,630 9,000 1,620,630
CAPITAL
IMPROVEMENTS FUND 1,726,730 9,000 1,735,730
This the 24th of January, 2000.
AN ORDINANCE AMENDING CHAPTER 21-13 AND 21-27 OF THE CODE OF ORDINANCES REGARDING RIGHT-OF-WAY AND STOP REGULATIONS AND ON-STREET PARKING (2000-01-24/O-2)
BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
Section 1. Section 21-13(a) of the Town Code of Ordinances, “Right-of-way and stop regulations” is hereby amended by deleting the following:
“Through Streets Stop Streets
Scarlette Drive
Legion Road”
Section 2. Section 21-13(c) of the Town Code of Ordinances, “Right-of-way and stop regulations” is amended by inserting the following, in appropriate alphabetical order:
“Intersection(s)
Section 3. Section 21-27 of the Town Code of Ordinances, “No parking as to particular streets.” is hereby amended by inserting the following, in appropriate alphabetical order:
Scarlette Drive Both Old Durham-Chapel Road Legion Road
Scarlette Drive North Legion Road Garden Street
Legion Road Both Scarlette Drive Standish Drive”
Section 4. This ordinance shall become effective March 1, 2000.
This the 24th day of January, 2000.
A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A PUBLIC HOUSING DRUG ELIMINATION PROGRAM GRANT FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (2000-01-24/R-3)
WHEREAS, the U.S. Department of Housing and Urban Development (HUD) has made funds available to public housing agencies to assist in the elimination of drug-related crime from their communities; and
WHEREAS, it is in the interest of the Town of Chapel Hill to provide drug prevention, intervention and referral to treatment programs for its residents of public housing; and
WHEREAS, the Department of Housing and Community Development's Drug Elimination Plan was approved by HUD in the amount of $73,900;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Manager to accept the Drug Elimination Plan grant from the U.S. Department of Housing and Urban Development and to make all necessary assurances.
This the 24th day of January 2000.
AN ORDINANCE TO ESTABLISH A DRUG ELIMINATION GRANT PROJECT ORDINANCE (2000-01-24/O-3)
BE IT ORDAINED by the Council of the Town of Chapel Hill that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following project ordinance is hereby established.
The project authorized is the Drug Elimination Grant submitted to U.S. Department of Housing and Department of Housing and Urban Development June 1999; funds are as contained in the grant agreement between the Town and by the U.S. Department of Housing and Urban Development.
The Manager of the Town of Chapel Hill is hereby directed to proceed with the project within the terms of the agreement document(s), the rules and regulations of the U.S. Department of Housing and Urban Development (HUD), and the budget contained herein.
The following revenue is available to complete the project:
Drug Elimination Grant $73,900
Section IV
The following amounts are appropriated for the projects noted below:
Reimbursement of Law Enforcement 33,600
Drug Prevention Activities 38,820
Youth Activity 1,480
Total $ 73,900
The Finance Director is hereby directed to maintain within the Project fund sufficient specific detailed accounting records to provide the accounting to HUD as required by the agreement(s) and federal regulations.
Funds may be advanced from General funds for the purpose of making payments as due. Reimbursement requests should be made to HUD in an orderly and timely manner.
The Manager is directed to report annually on the financial status of each project in Section IV and on the total revenues received.
This the 24th day of January, 2000.
AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1999 (2000-01-24/0-4)
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, 1999” as duly adopted on June 14, 1999, be and the same is hereby amended as follows:
ARTICLE I
Current Revised
APPROPRIATIONS Budget Increase Decrease Budget
Non-Departmental
Contingency 20,367 5,500 14,867
Council 138,822 5,500 139,372
This the 24th day of January, 2000.
A RESOLUTION DIRECTING EXPEDITED PROCESSING IN THE REVIEW OF THE SPECIAL USE PERMIT APPLICATION FOR THE First Baptist and Manley Estates, Inc. HUD 202 Apartments PROJECT (2000-01-24/R-4)
WHEREAS, the Town Council has received a petition from Mr. Arthur R. Cogswell for expedited processing of a Special Use Permit application for the First Baptist and Manley Estates, Inc. HUD 202 Apartments, proposed to be located on the east side of Merritt Mill Road near Park Road; and
WHEREAS, the proposal is to provide housing for elderly residents of Chapel Hill with the aid of a HUD grant; and
WHEREAS, the project would serve a need in Chapel Hill for reasonably-priced housing;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is directed to expedite processing of the Special Use Permit application for First Baptist and Manley Estates, Inc. HUD 202 Apartments, in a manner that will speed review without sacrificing breadth or depth of analysis.
BE IT FURTHER RESOLVED that a Public Hearing has been called for Monday, May 15, 2000, to consider the application.
This the 24th day of January, 2000.
Item 10 – Authorization for the Sale of $4,700,000 of General Obligation
Bonds on February 8, 2000
Finance Director James Baker said the resolution had been prepared by the Town’s bond counsel, Womble Carlyle Sandridge & Rice, to authorize the second phase sale of $4,700,000 in General Obligation bonds to continue implementation of bond projects approved by referendum in 1996. He said the resolution authorized the Mayor, the Manager, the Finance Director, the Town Attorney, and the Town Clerk to take the necessary actions to complete the sale. Mr. Baker said the resolution also set forth the terms and conditions of the bonds, and authorized the use of an official statement to be used in connection with the sale. He said the statement was prepared by the Town, the bond counsel, and the Local Government Commission staff, adding that the Town would request ratings from Moody’s Investor Service and Standard and Poor’s, and expected no change from the current ratings of Aaa and AA+.
Council Member Foy asked what the annual payments would be over a 20-year period. Mr. Baker said they would begin at about $450,000 and decline slightly each year by about $15-20,000 over the term of the bonds.
MAYOR PRO TEM PAVĂO MOVED, SECONDED BY COUNCIL MEMBER FOY, TO ADOPT RESOLUTION 8. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION PROVIDING FOR THE ISSUANCE OF $4,700,000 IN GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS, SERIES 2000 OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA (2000-01-24/R-8)
WHEREAS, each of the Bond Orders described in Section 1 below has taken effect; and
WHEREAS, on March 24, 1998, the Town of Chapel Hill, North Carolina (the “Town”) pursuant to the authority of such Bond Orders issued $4,550,000 in aggregate principal amount of its General Obligation Public Improvement Bonds, Series 1998 (the “Series 1998 Bonds”); and
WHEREAS, the Town Council of the Town of Chapel Hill, North Carolina (the “Town Council”) has determined pursuant to a resolution adopted by the Town Council on January 10, 2000 (the “Initial Resolution”) that it is in the best interests of the Town to issue an additional $4,700,000 in aggregate principal amount of the Bonds authorized by said Bond Orders;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill (the “Town”), as follows:
Section 1. Bond Orders. The Town shall issue its General Obligation Public Improvement Bonds, Series 2000 in the aggregate principal amount of $4,700,000 (collectively the “Bonds”) pursuant to and in accordance with the Bond Orders described below, each of which was adopted by the Town Council on September 23, 1996 and approved by a majority of the qualified voters of the Town who voted thereon at a referendum duly called and held on November 5, 1996:
“BOND ORDER AUTHORIZING THE ISSUANCE OF $5,000,000 RECREATION FACILITIES BONDS OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA”;
“BOND ORDER AUTHORIZING THE ISSUANCE OF $3,000,000 OPEN SPACES AND AREAS BONDS OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA”;
“BOND ORDER AUTHORIZING THE ISSUANCE OF $2,000,000 PUBLIC SAFETY BONDS OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA”;
“BOND ORDER AUTHORIZING THE ISSUANCE OF $3,000,000 STREET AND SIDEWALK BONDS OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA”; and
“BOND ORDER AUTHORIZING THE ISSUANCE OF $500,000 PUBLIC BUILDING BONDS OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA”.
The Bond Orders described above are hereinafter collectively referred to as the “Bond Orders”.
Section 2. Designation; Period of Usefulness; Maturity. The Bonds to be issued pursuant to the Bond Orders shall be designated “General Obligation Public Improvement Bonds, Series 2000. The Town Council of the Town has ascertained and hereby determines that the average period of usefulness of the capital projects described in the Initial Resolution and to be financed by the issuance of the Bonds is not less than twenty (20) years computed from the date of the initial issuance of the Bonds. Subject to the right of the Town to prior redemption of the Bonds as described below, the Bonds shall be stated to mature annually, on March 1 of each of the years 2001 to 2019, inclusive, as follows:
Year of Principal Year of Principal
Maturity Amount Maturity Amount
2001 $175,000 2011 $300,000
2002 200,000 2012 300,000
2003 250,000 2013 300,000
2004 200,000 2014 300,000
2005 200,000 2015 300,000
2006 75,000 2016 300,000
2007 200,000 2017 300,000
2008 200,000 2018 300,000
2009 200,000 2019 300,000
2010 300,000
Section 3. Date of Bonds; Interest Payment Dates. The Bonds shall be dated March 1, 2000 and shall bear interest from their date at a rate or rates which shall be hereafter determined upon the public sale thereof. Interest on the Bonds shall be payable semiannually on each March 1 and September 1, beginning September 1, 2000.
Section 4. Registered Bonds; Execution. The Bonds shall be registered as to principal and interest and shall bear the original or facsimile signatures of the Mayor or Town Manager and the Clerk of the Town. An original or facsimile of the corporate seal of the Town shall be imprinted upon each of the Bonds.
Section 5. Book-Entry System. The Bonds will be issued in fully registered form by means of a book-entry system with no physical distribution of bond certificates made to the public. One fully-registered bond certificate for each stated maturity of the Bonds will be issued to The Depository Trust Company, New York, New York (“DTC”), and immobilized in its custody. A book-entry system will be employed, evidencing ownership of the Bonds in principal amounts of $5,000 or any multiple thereof, with transfers of ownership effected on the records of DTC and its participants pursuant to rules and procedures established by DTC and its participants. Interest on the Bonds will be payable in clearinghouse funds to DTC or its nominee or any other person appearing as registered owner of the Bonds. The principal of and interest on the Bonds will be payable to owners of Bonds shown on the records of DTC at the close of business on the day preceding an interest payment date or a bond payment date. The Town will not be responsible or liable for such transfers of payments or for maintaining, supervising or reviewing the records maintained by DTC, its participants or persons acting through such participants.
In the event that (a) DTC determines not to continue to act as securities depository for the Bonds or (b) the Town determines that the continuation of the book-entry system of evidence and transfer of ownership of the Bonds would adversely affect the interests of the beneficial owners of the Bonds, the Town will discontinue the book-entry system with DTC. If the Town fails to identify another qualified securities depository to replace DTC, the Town will deliver replacement bonds in the form of fully registered certificates.
Section 6. Redemption. The Bonds maturing prior to March 1, 2011, will not be subject to redemption prior to maturity. The Bonds maturing on March 1, 2011 and thereafter will be subject to redemption prior to maturity, at the option of the Town, from any moneys that may be made available for such purpose, either in whole on any date not earlier than March 1, 2010 or in part on any interest payment date not earlier than March 1, 2010, at the principal amount of the Bonds to be redeemed, together with interest accrued thereon to the date fixed for redemption plus a redemption premium of one-half of one percent (˝ of 1%) of the principal amount of the Bonds to be redeemed for each twelve month period or part thereof between the redemption date and the maturity date of each Bond to be redeemed, such premium not to exceed two percent (2%) of such principal amount. If less than all of the Bonds of any one maturity shall be called for redemption, the particular Bonds or portions of the Bonds to be redeemed shall be selected by lot in such manner as the Town may determine; provided, however, that the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some multiple thereof and that, in selecting Bonds for redemption, each Bond shall be considered as representing that number of Bonds which is obtained by dividing the principal amount thereof by $5,000. So long as a book-entry system with DTC is used for determining beneficial ownership of Bonds, if less than all of the Bonds within a maturity are to be redeemed, DTC and its participants shall determine which of the Bonds within a maturity are to be redeemed. If less than all of the Bonds stated to mature on different dates shall be called for redemption, the particular Bonds or portions thereof to be redeemed shall be called in the inverse order of their maturities. Whenever the Town shall elect to redeem Bonds, notice of such redemption of Bonds, stating the redemption date, redemption price and identifying the Bonds or portions thereof to be redeemed by reference to their numbers and further stating that on such redemption date there shall become due and payable upon each Bond or portions thereof so to be redeemed, the principal thereof, redemption premium and interest accrued to the redemption date and that from and after such date interest thereon shall cease to accrue, shall be given by not less than 30 days nor more than 60 days prior to the redemption date in writing to DTC or its nominee as the registered owner of the Bonds, by prepaid first class mail, at the address provided to the Town by DTC, but any failure or defect in respect of such mailing will not affect the validity of the redemption. The Town is not responsible for mailing notices for redemption to anyone other than DTC or its nominee unless no qualified securities depository is the registered owner of the Bonds.
Section 7. Form of Bonds. The Bonds and the provisions for the registration of Bonds and for the approval of the Bonds by the Secretary of the Local Government Commission shall be in substantially the following form:
(Form of Bond)
UNITED STATES OF AMERICA
STATE OF NORTH CAROLINA
TOWN OF CHAPEL HILL, NORTH CAROLINA
GENERAL OBLIGATION PUBLIC IMPROVEMENT
BOND, SERIES 2000
ORIGINAL
INTEREST RATE MATURITY DATE ISSUE DATE CUSIP
_______________ March 1, ____ March 1, 2000 ____________
REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT: Dollars
The Town of Chapel Hill, North Carolina (hereinafter referred to as the “Town”), a municipal corporation of the State of North Carolina, is justly indebted and for value received hereby promises to pay in the manner hereinafter provided, to the registered owner named above or registered assigns or legal representative on the Maturity Date specified above, the principal amount shown above and to pay to the registered owner hereof interest thereon from the date of this Bond until this Bond is paid in full at the interest rate per annum specified above, payable on September 1, 2000 and semi-annually thereafter on March 1 and September 1 of each year. Principal of and interest on this Bond are payable in clearinghouse funds to The Depository Trust Company (“DTC”) or its nominee as registered owner of the Bonds and are payable to the owner of the Bonds shown on the records of DTC at the close of business on the day preceding an interest payment date or a principal payment date. The Town is not responsible or liable for maintaining, supervising or reviewing the records maintained by DTC, its participants or persons acting through such participants.
This Bond is issued in accordance with the Registered Public Obligations Act, Chapter 159E of the North Carolina General Statutes, as amended, and pursuant to The Local Government Finance Act, the bond orders adopted by the Town Council of the Town on September 23, 1996 and approved by a majority of the qualified voters of the Town who voted thereon at a referendum duly called and held on November 6, 1996 and a bond resolution adopted by the Town Council on January 24, 2000. This Bond is one of a series of Bonds designated as “Town of Chapel Hill, North Carolina General Obligation Public Improvement Bonds, Series 2000" initially issued in the aggregate principal amount of $4,700,000 (the “Bonds”). The Bonds are being issued primarily for the construction of improvements for public works, improvements for fire and law enforcement, the purchase of open space and greenways, and the construction of sidewalks and bridges and for street improvements.
The Bonds maturing prior to March 1, 2011 will not be subject to redemption prior to maturity. The Bonds maturing on March 1, 2011 and thereafter will be subject to redemption prior to maturity, at the option of the Town, from any moneys that may be made available for such purpose, either in whole on any date not earlier than March 1, 2010 or in part on any interest payment date not earlier than March 1, 2010, at the principal amount of the Bonds to be redeemed, together with interest accrued thereon to the date fixed for redemption, plus a premium of one-half of one percent (˝ of 1%) of the principal amount of each Bond to be redeemed for each twelve month period or part thereof between the redemption date and the maturity date of each Bond to be redeemed, such premium not to exceed two percent (2%) of such principal amount.
If less than all of the Bonds of any one maturity shall be called for redemption, the particular Bonds or portions of Bonds of such maturity to be redeemed shall be selected in such manner as the Town in its discretion may determine; provided, however, that the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some multiple thereof and that, in selecting Bonds for redemption, each Bond shall be considered as representing that number of Bonds which is obtained by dividing the principal amount thereof by $5,000. So long as a book-entry system with DTC is used for determining beneficial ownership of Bonds, if less than all of the Bonds within a maturity are to be redeemed, DTC and its participants shall determine which of the Bonds within a maturity are to be redeemed. If less than all of the Bonds stated to mature on different dates shall be called for redemption, the particular Bonds or portions thereof to be redeemed shall be called in the inverse order of their maturities.
Whenever the Town shall elect to redeem Bonds, written notice of the redemption of such Bonds, stating the redemption date, redemption price and identifying the Bonds or portions thereof to be redeemed by reference to their numbers and further stating that on such redemption date there shall become due and payable upon such Bond or portions thereof so to be redeemed, the principal thereof, redemption premium and interest accrued to the redemption date and that from and after such date interest thereon shall cease to accrue. Such notice of redemption shall be given by certified or registered mail to DTC or its nominee as the registered owner of the Bond not more than 45 days nor less than 30 days prior to the redemption date at the address provided to the Town by DTC, but any failure or defect in respect of such mailing will not affect the validity of the redemption. The Town is not responsible for mailing notices of redemption to anyone other than DTC or its nominee unless no qualified securities depository is the registered owner of the Bonds.
It is hereby certified and recited that all conditions, acts and things required by the Constitution or laws of the State of North Carolina to exist, be performed or happen precedent to and in the issuance of this Bond, exist, have been performed and have happened, and that the amount of this Bond, together with all other indebtedness of the Town, is within every debt and other limit prescribed by said Constitution or statutes. The faith and credit of the Town are hereby pledged to the punctual payment of the principal of and interest on this Bond in accordance with its terms.
This Bond shall not be valid or become obligatory for any purpose until this Bond has been authenticated by the Director of Finance of the Town and the certifications hereon shall have been signed by authorized representatives of the Local Government Commission of North Carolina.
IN WITNESS WHEREOF, the Town of Chapel Hill, North Carolina has caused this Bond to be manually signed by its Mayor and its Clerk and its official seal to be imprinted hereon, all as of the 1st day of March 2000.
(SEAL)
_______________________________ ________________________________
Town Clerk Mayor
Town of Chapel Hill, North Carolina Town of Chapel Hill, North Carolina
CERTIFICATE OF LOCAL GOVERNMENT COMMISSION
The issuance of the within Bond has been approved under the provisions of The Local Government Bond Act, of North Carolina as amended.
( signature )
ROBERT M. HIGH
Secretary of the Local Government Commission
CERTIFICATE OF AUTHENTICATION
This Bond is one of the Series of Bonds designated herein and issued under the provisions of the Bond Resolution referenced herein.
By:______________________________________
James M. Baker
Director of Finance
Town of Chapel Hill, North Carolina
ASSIGNMENT
FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto __________________________, the within Bond and irrevocably appoints _______________________________, attorney-in-fact, to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises.
Dated:________________________ ______________________________
NOTICE: The signature to this
assignment must correspond with
the name as it appears upon the
face of the within Bond in
every particular, without any
alteration whatsoever.
Signature Guaranteed:
______________________________
(Bank, Trust Company or Firm)
______________________________
(Authorized Officer)
Section 8. Covenants. The Town covenants to comply with the provisions of the Internal Revenue Code of 1986, as amended (the “Code”) to the extent required to preserve the exclusion from gross income of interest on the Bonds for federal income tax purposes. The Town also covenants to take such action as may be required in the opinion of nationally recognized bond counsel to cause the Bonds and all actions of the Town with respect to the proceeds thereof to comply with the Code. In particular, the Town covenants as follows:
(a) At least one of the following two conditions will be satisfied: (i) less than 10% of the proceeds of the Bonds reduced by costs of issuance will be used directly or indirectly in the business of a person other than a state or local governmental unit or (ii) less than 10% of the principal or interest on the Bonds is (under the terms of such issue or any underlying arrangement) directly or indirectly (A) secured by an interest in property used or to be used in a private business or any interest in payments made with respect to such property or (B) to be derived from payments made with respect to property, or borrowed money, used or to be used in a private business;
(b) Less than 5% of the proceeds of the Bonds reduced by costs of issuance will be used by nongovernmental persons for a use unrelated to the purposes for which the Bonds are issued;
(c) It will not loan directly or indirectly more than 5% or $5 million (whichever is less) of the Bond proceeds to nongovernmental persons;
(d) It will not enter into any management contract with respect to the project financed with the proceeds of the Bonds unless it obtains an opinion of nationally recognized bond counsel that such management contract will not impair the exclusion from a recipient’s gross income for federal income tax purposes of the interest on the Bonds;
(e) The Town acknowledges that the continued exclusion of interest on the Bonds from a recipient’s gross income for federal income tax purposes depends, in part, upon compliance with the arbitrage limitations imposed by Section 148 of the Code. The Town covenants to comply with all the requirements of Section 148 of the Code, including the rebate requirements, and it shall not permit at any time any of the proceeds of the Bonds or other funds of the Town to be used, directly or indirectly, to acquire any asset or obligation, the acquisition of which would cause the Bonds to be “arbitrage bonds” for purposes of Section 148 of the Code;
(f) The Bonds are not and shall not be “federally guaranteed” as defined in Section 149(b) of the Code; and
(g) The Town covenants to file or cause to be filed Form 8038G in accordance with Section 149(e) of the Code.
Section 9. Continuing Disclosure Requirement. The Town hereby undertakes, for the benefit of the beneficial owners of the Bonds, to provide:
(a) by not later than seven months from the end of each fiscal year of the Town, to each nationally recognized municipal securities information repository (“NRMSIR”) and to the state information depository for the State of North Carolina (“SID”), if any, audited financial statements of the Town for such fiscal year, if available, prepared in accordance with Section 159-34 of the General Statutes of North Carolina, as it may be amended from time to time, or any successor statute, or, if such audited financial statements of the Town are not available by seven months from the end of such fiscal year, unaudited financial statements of the Town for such fiscal year to be replaced subsequently by audited financial statements of the Town to be delivered within 15 days after such audited financial statements become available for distribution;
(b) by not later than seven months from the end of each fiscal year of the Town, to each NRMSIR, and to the SID, if any, (i) the financial and statistical data as of a date not earlier than the end of the preceding fiscal year for the type of information included under heading “The Town - Debt Information and - Tax Information” in the Official Statement relating to the Bonds and (ii) the combined budget of the Town for the current fiscal year, to the extent such items are not included in the audited financial statements referred to in (a) above;
(c) in a timely manner, to each NRMSIR or to the Municipal Securities Rulemaking Board (“MSRB”), and to the SID, if any, notice of any of the following events with respect to the Bonds, if material:
(1) principal and interest payment delinquencies;
(2) non-payment related defaults;
(3) unscheduled draws on debt service reserves reflecting financial difficulties;
(4) unscheduled draws on any credit enhancements reflecting financial difficulties;
(5) substitution of credit or liquidity providers, or their failure to perform;
(6) adverse tax opinions or events affecting the tax-exempt status of the Bonds;
(7) modification to the rights of the beneficial owners of the Bonds;
(8) bond calls;
(9) defeasances;
(10) release, substitution or sale of any property securing repayment of the Bonds;
(11) rating changes; and
(d) in a timely manner, to each NRMSIR or to the MSRB, and to the SID, if any, notice of a failure of the Town to provide required annual financial information described in (a) or (b) above on or before the date specified.
If the Town fails to comply with the undertaking described above, any beneficial owner of the Bonds may take action to protect and enforce the rights of all beneficial owners with respect to such undertaking, including an action for specific performance; provided, however, that failure to comply with such undertaking shall not be an event of default under the Bonds and shall not result in any acceleration of payment of the Bonds. All actions shall be instituted, had and maintained in the manner provided in this paragraph for the benefit of all beneficial owners of the Bonds.
The Town reserves the right to modify from time to time the information to be provided to the extent necessary or appropriate in the judgment of the Town, provided that any such modification will be done in a manner consistent with Rule 15c2-12 issued under the Securities Exchange Act of 1934, as it may be amended from time to time (“Rule 15c2-12), and provided further that:
(a) any such modification may only be made in connection with a change in circumstances that arises from a change in legal requirements, change in law, or change in the identity, nature or status of the Town;
(b) the information to be provided, as modified, would have complied with the requirements of Rule 15c2-12 as of the date of the Official Statement relating to the Bonds, after taking into account any amendments or interpretations of Rule 15c2-12, as well as any changes in circumstances; and
(c) any such modification does not materially impair the interests of the beneficial owners, as determined either by parties unaffiliated with the Town (such as bond counsel), or by the approving vote of the registered owners of a majority in principal amount of the Bonds pursuant to the terms of this bond resolution, as it may be amended from time to time, at the time of the amendment.
Any annual financial information containing modified operating data or financial information shall explain, in narrative form, the reasons for the modification and the impact of the change in the type of operating data or financial information being provided.
The provisions of this Section shall terminate upon payment, or provision having been made for payment in a manner consistent with Rule 15c2-12, in full of the principal of and interest on all of the Bonds.
Section 10. Construction Fund. The Director of Finance is hereby directed to create and establish a special fund to be designated “Town of Chapel Hill, North Carolina General Obligation Public Improvement Bonds, Series 2000 Construction Fund” (the “Construction Fund”). The proceeds from the sale of the Bonds shall be deposited in the Construction Fund. Any moneys held in the Construction Fund shall be invested and reinvested by the Director of Finance as permitted by the law of the State of North Carolina, and the income therefrom to the extent permitted by the Code shall be retained in the Construction Fund and used to pay the Cost of Construction, as directed by the Director of Finance. The Director of Finance shall keep and maintain adequate records pertaining to the Construction Fund and all disbursements therefrom. “Cost of Construction” shall include payment of or reimbursement for the following items:
(a) obligations incurred or assumed for the Project in connection with the construction, acquisition, installation and equipping thereof;
(b) the cost of construction, acquisition, installation and equipping of the Project; including, without limitation, legal fees and expenses, inspection costs, permit fees, filing and recording costs and advertising expenses in connection with the acquisition of the Project;
(c) the costs incurred in connection with the Bonds, the initial compensation expenses of the Registrar and Paying Agent, legal fees and expenses, costs of publication, printing and engraving, and compensation to any financial consultant;
(d) all other costs which are considered to be a part of the costs of the construction, acquisition, installation and equipping of the Project in accordance with generally accepted accounting principles and which will not affect the exclusion from gross income of the recipient thereof for federal income tax purposes of the interest on the Bonds, including sums required to reimburse the Town for advances made by the Town that are properly chargeable to the construction, acquisition, installation and equipping of the Project and interest on the Bonds prior to the date the Project is completed (the “Completion Date”).
Section 11. Rebate Fund. The Director of Finance is hereby directed to create and establish a special fund to be designated “Town of Chapel Hill, North Carolina General Obligation Public Improvements Bonds, Series 2000 Rebate Fund” to which deposits shall be made as provided hereafter if moneys remain in the Construction Fund on a date six (6) months from the date of issuance of the Bonds. Within said Rebate Fund there is hereby created two accounts (i) the Rebate Principal Account and (ii) the Rebate Income Account. The Director of Finance shall make the calculation(s) required by the Investment Instructions provided by bond counsel (the “Investment Instructions”) and shall make deposits and disbursements from the Rebate Fund in accordance with the Investment Instructions. The Director of Finance shall invest the Rebate Fund pursuant to said Investment Instructions and shall deposit income from such investments immediately upon receipt thereof in the Rebate Income Account. The Investment Instructions may be superseded or amended by new Investment Instructions delivered to the Town and accompanied by an opinion of nationally recognized bond counsel addressed to the Town to the effect that the use of said new Investment Instructions will not cause the interest on the Bonds to become taxable to the recipient thereof.
The Director of Finance shall annually make the computation of the Rebate Deposit described in Section 4 of the Investment Instructions. If a deposit to the Rebate Principal Account is required as a result of such computation, the Director of Finance shall, not later than each March 1, deposit an amount sufficient to make such payment. If a withdrawal from the Rebate Principal Account is permitted as a result of such computation, the amount withdrawn shall be applied to the next payment of interest on the Bonds. Records of the determinations required by this Section and Section 4 of the Investment Instructions must be retained by the Director of Finance until six (6) years after the final retirement of the Bonds.
Not later than thirty (30) days after the end of the fifth Bond Year (thirty (30) days after March 1, 2005) and every five (5) years thereafter, the Director of Finance shall pay to the United States ninety percent (90%) of the amount required to be on deposit in the Rebate Principal Account as of such payment date and one hundred percent (100%) of the amount on deposit in the Rebate Income Account as of such payment date. Not later than sixty (60) days after the final retirement of the Bonds, the Director of Finance shall pay to the United States one hundred percent (100%) of the balance remaining in the Rebate Principal Account and the Rebate Income Account. Each payment required to be paid to the United States pursuant to this Section shall be filed with the Internal Revenue Service Center, Philadelphia, Pennsylvania 19255. Each payment shall be accompanied by a statement summarizing the determination of the amount to be paid to the United States.
Section 12. Other Agents. Actions taken by officials of the Town to select paying and transfer agents, and a bond registrar, or alternate or successor agents and registrars pursuant to Section 159E-8 of the Registered Public Obligations Act, Chapter 159E of the General Statutes of North Carolina, are hereby authorized and approved.
Section 13. Purchase of Bonds. The Local Government Commission of North Carolina is hereby requested to (1) sell said Bonds, and (2) state in the Notice of Sale of said Bonds that bidders may name one rate of interest for part of said Bonds and another rate or rates for the balance of said Bonds. Subject to the ensuing sentences in this paragraph, said Bonds shall bear interest at such rates as may be named in the proposals to purchase said Bonds which shall be accepted by said Local Government Commission.
Section 14. Qualified Tax-Exempt Obligation. The Town hereby represents that it reasonably expects that the Town, together with all subordinate entities thereof and any other entities which issue obligations on behalf of the Town, will not issue more than $10,000,000 of tax-exempt obligations (other than private activity bonds, except for qualified 501(c)(3) bonds) during calendar year 2000. The Town hereby designates the Bonds as “qualified tax-exempt obligations” with the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. The Town further represents that it will take no action which will directly or indirectly adversely affect the tax-exempt character of the Bonds, including, but not limited to, the issuance of more than $10 million of tax-exempt obligations during calendar year 2000.
Section 15. Execution and Delivery of Bonds. The Mayor, the Town Manager, the Director of Finance and the Clerk of the Town are hereby authorized and directed to cause said Bonds to be prepared and, when they shall have been duly sold by said Local Government Commission, to execute said Bonds and to turn said Bonds over to the registrar and transfer agent of the Town for delivery to the purchaser or purchasers to whom they may be sold by said Local Government Commission.
Section 16. Actions Ratified; Official Statement Approved. The actions of the Mayor, the Town Manager and the Director of Finance of the Town in applying to the Local Government Commission (the “Commission”) to advertise and sell the Bonds and the action of the Commission in asking for sealed bids for such Bonds by publishing notices and printing and distributing an Official Statement and a Supplement to such Official Statement relating to the sale of such Bonds are hereby ratified and approved. Such Official Statement, to be dated January 28, 2000 and substantially in the form presented at this meeting, is hereby approved, and the Mayor, the Town Manager, and the Director of Finance of the Town are each hereby authorized to approve changes in such Official Statement, to approve such Supplement thereto, and to execute such Official Statement and such Supplement for and on behalf of the Town.
Section 17. Letter of Representations. The Letter of Representations, as requested by DTC in connection with the issuance of the Bonds and in substantially the form presented at this meeting, is hereby approved, and the Mayor, the Town Manager and the Director of Finance of the Town are each hereby authorized to complete and execute such Letter of Representations and to deliver the same to DTC for and on behalf of the Town.
Section 18. Other Actions Authorized. The Mayor, the Town Manager, the Director of Finance, the Town Clerk and the Town Attorney of the Town and such other officers or employees of the Town as are designed by any of them are hereby authorized to do all acts and things required of them by or in connection with this Resolution and all other agreements or documents entered into or executed by the Town in connection with the issuance of the Bonds for the full, punctual and complete performance of all of the terms, covenants and agreements contained in the Bonds and the documents.
Section 19. Amendments and Supplements. This Resolution may be amended or supplemented, from time to time, if in the opinion of nationally recognized bond counsel, such amendment or supplement would not adversely affect the interests of the Bondholders or would not cause the interest on the Bonds to be included in the gross income of a recipient thereof for federal tax purposes.
Section 20. Governing Law. This Resolution shall be construed and governed in accordance with the laws of the State. Jurisdiction for the resolution of any conflict arising from this Resolution shall lie with the General Court of Justice of the State of North Carolina with venue in Orange County, North Carolina.
Section 21. Severability of Invalid Provisions. In case any one or more of the provisions contained in this Resolution or in the Bonds shall be held to be invalid, illegal or unenforceable in any respect and for any reason, then such invalidity, illegality or unenforceability shall not effect any other provision of this Resolution, and this Resolution shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein.
Section 22. Resolution Effective Immediately. This Resolution shall take effect immediately upon its passage.
This the 24th day of January, 2000.
Item 7 – Meadowmont Affordable Housing—Application for Special Use Permit
Planning Director Roger Waldon said there was a typographical error in page 1 of Resolution A—Livability Space should read “ 82,007 square feet” instead of “32,007 square feet,” and that would follow through in all of the Resolutions. He said there were six approval resolutions to choose from, and the staff’s recommendation was for Resolution A. Referring to the site plan, Mr. Waldon He said that one of the issues was the proximity to the transit corridor, and that the applicant had made revisions to the plan, one of which shifted the buildings to the west and away from the transit corridor, so that the closest building would be 18 feet away from the edge of the transit corridor. Mr. Waldon pointed out a letter on page 72 of the packet from Triangle Transit Authority, which clarified the decision to require that everything be moved back 40 feet from the edge of the transit corridor, in case noise barriers and/or vibration mitigation barriers needed to be installed at the time of construction of a fixed guideway. Mr. Waldon said these changes were acceptable to the staff and whoever purchased the house would be notified of the proximity of a transit corridor. He said the other issue was the access into the site, and that the staff felt it was the best access to the site from Meadowmont. He said the developer had agreed to the location of the dumpster, which the staff approved.
Council Member Brown, referring to the chart on page 7, asked if the first two issues were related in some way. Mr. Waldon said part of the revision did involve removing one unit away from the buildings near the transit corridor and shifting it to the western part of the site, resulting in a gain to 18 feet instead of 10 feet.
Council Member Brown asked if the Design Commission recommendation would result in further distancing of the building from the transit corridor. Mr. Waldon said the Planning Board did not specify a certain number of feet, but recommended a shift of the building to the east, so the resulting plan did not match either the Planning Board’s or the Design Commission’s recommendation.
Council Member Bateman asked if the building had been shifted to the east because of the island in the road. Mr. Waldon said that was partly the reason, and partly to increase the spacing between the backs of the buildings and the side.
Council Member Strom said he had two questions regarding stormwater and impervious surface. He said that in the packet given to the Council on November 15, 1999, on page 17, the impervious surface expected was 35 percent, and on the information page, the project was expected to have an impervious surface of 46 percent. He asked why there was a difference. Mr. Waldon said he did not know, but would get that information.
Council Member Strom said, on page 16 of the November 15th packet, the watershed protection district controlling the stormwater runoff was from the first inch of rainfall, and on page 25 of the new packet, the stormwater management plan was based on a 25-year storm. He asked how a 25-year storm could be compared with a one-inch rainfall event. Mr. Waldon responded that there were different objectives, noting that the 25-year storm was a water quantity objective, where the rate of run-off could not exceed the rate it left the site prior to development. He said the first inch of run-off dealt with water quality in designing the permanent water retention ponds.
Council Member Foy said the staff was recommending 58 parking spaces, and the Transportation Board was recommending 48 parking spaces. He asked why the staff was recommending 10 more spaces than the Transportation Board was recommending. Mr. Waldon said it was what the applicant was proposing and it was less than two parking spaces per unit, and allowed enough parking spaces on the site and for visitors, adding this was reasonable to the staff.
Council Member Foy said he thought it was more parking than was needed, and the Town should be encouraging more pedestrian activity and more use of public transportation. Mr. Horton said, as the Council gave the staff more direction through the revision of the Development Ordinance, it would help the staff understand the focus the Council wanted to take.
Council Member Evans said originally the plan had included on-street parking, but that had been eliminated in order to put in a median.
Council Member Brown asked for a larger map to show the retail/commercial area, the site location, and roads into the site. Mr. Waldon displayed two maps, pointing out the access roads to the Village Center.
Council Member Ward asked what formula was being used to determine parking spaces, adding he wondered if the number could be changed in order to discourage single-occupancy cars. Mr. Horton answered it could be changed by changing the Development Ordinance. Mr. Waldon said that for dwelling units that were efficiencies, the requirement was one parking space per dwelling unit, for one- and two-bedroom units, the minimum parking space was one and one-half spaces per dwelling unit, and for multi-family dwellings, which had three or more bedrooms per unit, two spaces per unit.
Robert Dowling, the applicant, said he would make a quick presentation, or answer any questions.
Council Member Bateman asked Mr. Dowling to speak about initiating a process for putting the project into the Land Trust. She asked how attractive the project would be for the Land Trust. Mr. Dowling said it was a perfect project for the Land Trust as it was an attractive place to live, affordable housing in an atypical situation, and very desirable.
Council Member Ward said he could not support the project as long as the eastern-most unit was as close to the mass transit corridor as was shown. He said he would rather see it located on the other side of the greenway.
Council Member Wiggins said these units were much closer to the transit lines than the units at Village West, which are also close to the transit lines.
Council Member Foy said he was willing to support the project because, with a 50-foot transit corridor, it would not be likely that, whatever form the mass transit took, it would take up all of the corridor, and would leave some extra feet for a buffer. He said he was also uncomfortable with the closeness of the unit, but had reconciled to that fact.
COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO CLOSE THE PUBLIC HEARING.
Council Member Bateman asked if the road proposed was mainly to serve the Village Center, and asked, if so, would the Village Center pay for the road. Mr. Dowling said the Orange Community Housing Corporation (OCHC) was in negotiations with the developer on that question. He said they were very helpful so far, with the location of the dumpster and the buffer landscaping.
Council Member Bateman asked Mr. Horton how the Council could encourage the developer to pay for the road. Mr. Horton said the Mayor could write a letter to encourage this, and to go on record as having requested that the developer consider paying for the road.
Council Member Strom asked if there was a sidewalk for walking inside the project. Mr. Dowling said one of the advisory boards had requested a sidewalk, but the OCHC resisted that in order to save some green space. He said there was a stipulation for a sidewalk, and OCHC would comply with that stipulation.
Council Member Strom asked if there were stipulations within the Meadowmont regulations that were design guidelines to which OCHC had to adhere, thereby making the units more expensive to build, and if the Council could do anything to make the units more cost-efficient for OCHC. Mr. Dowling said there were design guidelines from Meadowmont, but there had been no problems on the Special Use Permit process, but he said there would be issues, such as the use of vinyl siding, which will not be permitted at Meadowmont. He said he knew that the developers would like the houses to be brick, and it had been suggested that the developer might contribute the brick for them.
Council Member Brown said she was concerned that the road leading into the Village Center would have a lot of traffic on it. Mr. Dowling said that was why the median had been put into the road, and it was hoped that trucks would not be allowed to pass through the site.
THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
MAYOR PRO TEM PAVĂO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 6A AS AMENDED TO CORRECT THE AMOUNT OF LIVABILITY SPACE.
Council Member Brown said the project was not a perfect design but, hopefully, the Council could all live with it.
Council Member Ward said that the plants planned for the site were invasive, and he would recommend not using them or any other invasive plants in this project or any other public project. He said he would be happy to help the staff develop a list of invasive exotic plants not to be used in the future. Mr. Dowling said these were plants suggested by the landscape developer, and he had no problem with changing them.
THE MOTION WAS ADOPTED UNANIMOUSLY. (9-0).
A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE MEADOWMONT AFFORDABLE TOWNHOMES (File: 52..6)
(2000-01-24/R-6a)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit proposed by Orange Community Housing Corporation on property identified as Orange County, Chapel Hill Township Tax Map 52, part of Lot 6; if developed according to the Site Plan, dated July 2, 1999 and revised on October 29, 1999, and January 17, 2000, and the conditions listed below:
1. Would be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;
2. Would comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Article 12, 13, 14, and 18, and with all other applicable regulations;
3. Would be located, designed, and operated so as to maintain or enhance the value of contiguous property; and
4. Would conform with the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.
BE IT FURTHER RESOLVED that the Town Council hereby approves the application for the Special Use Permit for the Meadowmont Affordable Townhomes in accordance with the plans listed above and the conditions listed below:
Stipulations Specific to the Development
1. Construction Deadline: That construction begin by January 24, 2005, and be completed by January 24, 2010.
2. Land Use Intensity: This Special Use Permit approves:
· Gross Land Area: 120,440 square feet
· Number of Dwelling Units: 32
· Floor Area: 36,493 square feet
· Outdoor Space: 106,312 square feet
· Livability Space: 82,007 square feet
· Number of Buildings: 5
· Number of Parking Spaces: 58
3. Approval of Cross-Access Agreements: That a shared, vehicular and pedestrian ingress, egress and regress agreement which permits vehicular travel over all relevant driveways and drive aisles between this site and the Village Center, shall be approved by the Town Manager and recorded at the Orange County Register of Deeds Office; and that copies of these agreements be submitted to the Town of Chapel Hill prior to the issuance of a Zoning Compliance Permit.
5. Transportation Related Improvements:
A. That Meadowmont Lane be constructed from Highway 54 to the intersection of Residential Collector Road prior to the issuance of a Certificate of Occupancy for the Meadowmont Affordable Townhomes.
B. That the portion of Residential Collector Road from Meadowmont Lane to the entrance to the Meadowmont Affordable Townhomes be constructed prior to the issuance of a Certificate of Occupancy for the Meadowmont Affordable Townhomes.
C. That the applicant provide a street sign, on-street parking, and pavement marking plan for approval by the Town Manager prior to the issuance of a Zoning Compliance Permit and that the signs and pavement markings be installed by the applicant prior to issuance of a Certificate of Occupancy.
D. That all parking lots be designed to meet Town standards for pavement design and dimensions unless an alternate design is approved by the Town Manager.
E. That special pavement treatment be utilized at the two entrances to this site, to assist with traffic-calming.
6. Sidewalk Related Improvements:
A. That sidewalks be provided along the southern edge of the two buildings (Buildings # 2 and # 3) that face the entrance road.
B. That a sidewalk be provided to the dumpster pad.
7. Bicycle Racks: That wave-style bicycle racks that accommodate a total of eight (8) visitor bicycles be provided, with a rack for five (5) bicycles to be located on the western portion of the site (tot-lot area) and a rack for three (3) bicycles to be located on the eastern portion of the site.
Stipulations Related to State and Federal Government Approvals
8. State or Federal Approvals: That any required State or federal permits or encroachment agreements (including, but not limited to those needed for improvements to Meadowmont Lane, Highway 54, for pond and dam construction, for stormwater management and erosion control, for crossings over/under Highway 54, for disturbance related to the listed archaeological site, for water and sewer extension, and for development in the wetlands and Watershed Protection District) be approved by the appropriate agencies and copies of the approved permits and agreements be submitted to the Town Manager prior to the issuance of a Zoning Compliance Permit for the subject phase of development.
9. NCDOT Approvals: That plans for improvements to State-maintained roads, including landscaping and utility plans, be approved by NCDOT prior to issuance of a Zoning Compliance Permit for the subject phase of development.
Stipulations Related to Landscape Elements
10. Additional Landscaping Adjacent to Mass Transit Easement: That dense evergreen landscaping shall be provided between the dwelling unit and the parking lot located at the eastern edge of the site, and the 50-foot mass transit easement. This additional landscaping shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
11. Landscape Plan Approval: That a detailed Landscape Plan and Landscape Maintenance Plan shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
12. Landscape Protection Plan: That a Landscape Protection Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit and that the Plan. This plan shall include areas of vegetation to be preserved; critical root zones of the significant trees on the site; the anticipated clearing limit lines; proposed grading; proposed utility lines; a detail of protective fencing; and construction parking and materials staging/storage areas. The plan shall show the use of tree protection fencing, unless alternate protection measures are approved by the Town Manager, between construction and existing vegetation that is to be preserved.
Stipulations Related to Building Elevations
13. Building Elevation Approval: That detailed building elevations and a site lighting plan be approved by the Community Design Commission prior to the issuance of a Zoning Compliance Permit.
Stipulations Related to Recreation Space
14. Tot Lot Recreation Space: That a minimum of a 750 square foot tot lot recreation space be provided on the western portion of the site. Improvements shall include play equipment and benches that shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
15. Landscaping/Shubbery: That dense landscaping/shubbery shall be provided along the entire northern edge of the parking lot (9 spaces) in the vicinity of the tot lot recreation area.
Stipulations Related to Water, Sewer, and Other Utilities
16. Utility/Lighting Plan Approval: That the final utility/lighting plan be approved by Orange Water and Sewer Authority, Duke Power Company, TimeWarner Cable, Public Service Company, BellSouth or GTE, and the Town Manager before issuance of a Zoning Compliance Permit. The property owner shall be responsible for assuring that these utilities, including cable television, are extended to serve the development.
Stipulations Related to Watershed Protection and Stormwater Management
17. Permanent Retention Basin Installation:
A. Compliance with the Town Watershed Protection District regulations shall be demonstrated with the provision of multiple permanent ponds. For those portions of the development complying with the Low Density Option identified in the Chapel Hill Development Ordinance, permanent stormwater retention shall not be required. For those portions of the development complying with the High Density Option identified in the Development Ordinance, permanent stormwater retention shall be required in accordance with the requirements of the Development Ordinance.
B. The size, accessibility, location and design of each pond shall be approved by the Town Manager.
C. These wet retention ponds shall meet or exceed the North Carolina Division of Environmental Management requirements and shall be designed so as to be approved by the Division of Environmental Management, the North Carolina Division of Water Quality, the Army Corps of Engineers, and the Town Manager.
D. The property owner shall post a performance bond or other surety instrument satisfactory to the Town, in an amount approved by the Town Manager, to assure maintenance, repair, or reconstruction necessary for adequate performance of the engineered stormwater controls.
E. The owners' or homeowners' association shall be responsible for arranging for annual inspections of all ponds by an appropriately certified engineer, to determine whether the ponds and associated structures are operating acceptably according to design requirements, and to report findings of said inspections to the Town Manager, with such recommendations for maintenance repair as may be warranted. Any needed repairs shall be completed within 120 days unless otherwise approved by the Town Manager. Restrictive covenants shall be recorded which shall identify these responsibilities of the owners' or homeowners' association, including pond maintenance.
F. Maintenance of the ponds shall be the responsibility of the applicant or a property/homeowners' association. A maintenance plan shall be provided for each of the retention ponds, to be approved by the Town Manager. The plans shall address inspection, maintenance intervals, type of equipment required, access to each pond, and related matters.
G. As part of the application for Final Plan Approval, the applicant shall provide an up-to-date cumulative total of impervious surfaces within the sub-basin.
H. The minimum permanent pool depth shall be at least three (3) feet in addition to enough volume to store the accumulated sediment between clean out periods.
I. All sediment deposited in the ponds during construction activity on contributing sites must be removed before "normal" pond operation begins.
J. Emergency drains shall be installed in all ponds to allow access for repairs and sediment removal as necessary.
K. Anti-seepage collars shall be used on any structures penetrating dams or water retaining embankments.
L. That no ponds be created within the perimeter landscape buffer required for the Meadowmont Development.
M. That the ponds be located and designed such that damage to existing large trees can be minimized.
18. Watershed Protection District: That the applicant provide a method and format approved by the Town Manager for a continual tally of the impervious surface on the site to ensure that the project is always in compliance with the Watershed Protection District requirements, prior to the issuance of a Zoning Compliance Permit for the Meadowmont Affordable Townhomes development,
19. Stormwater Management Plan: A stormwater management plan, based on a 25-year storm, shall be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The post-development stormwater run-off rate shall not exceed the pre-development rate for all non-residential use. Stormwater calculations should be determined using methods acceptable to the Town Manager.
Miscellaneous Stipulations
20. Fireflow: That a detailed hydrant plan and fire flow report, certified by an engineer registered in North Carolina, shall be required prior to the issuance of a Zoning Compliance Permit.
21. Ownership and Responsibilities of Buildings, Parking Lots and Common Areas:
A. That an owners’ association be created for the maintenance and regulation of the buildings and common areas, including the parking lot and drive aisles. All property owners owning dwelling units within the Townhomes development shall be represented in the owners’ association. This owners’ association shall have maintenance responsibilities for the dwelling units and common areas
B. The documents creating this owners’ association entity shall be reviewed for approval by the Town Manager, and shall be recorded in the Orange County Register of Deeds Office prior to the issuance of a Zoning Compliance Permit.
22. Solid Waste Management Plan: That a detailed Solid Waste Management Plan, including a recycling plan and a plan for managing and minimizing construction debris, be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
23. Detailed Plans: That final detailed site plans, grading plans, utility/lighting plans, stormwater management plans (with hydrologic calculations), landscape plans, and landscape maintenance plans be approved by the Town Manager before issuance of a Zoning Compliance Permit, and that such plans conform to plans approved by this application and demonstrate compliance with all applicable regulations and the design standards of the Development Ordinance and the Design Manual.
24. Certificates of Occupancy: That no Certificates of Occupancy be issued until all required public improvements are complete; 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; and no Building Permits will be issued for any phase until all public improvements required in previous phases are completed to a point adjacent to the new phase. A note to this effect shall be placed on the final plat.
25. Sight Triangle Easements: That sight triangle easements be provided on the final plat.
26. New Streets - Traffic Signs: That the property owners shall be responsible for placement and maintenance of temporary regulatory signs, including street name signs, before issuance of any Certificates of Occupancy until such time that the street system is accepted for maintenance by the Town.
27. New Street Names and Numbers: That the 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.
28. Erosion Control: That a detailed soil erosion and sedimentation control plan, including provisions for maintenance of facilities and modifications of the plans if necessary be reviewed and approved by the Orange County Erosion Control officer prior to issuance of a Zoning Compliance Permit.
29. Silt Control: That the applicant take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.
30. Construction Sign Required: That the applicant post a construction sign that lists the property owner’s representative, with a telephone number; the contractor’s representative, with a telephone number; and a telephone number for regulatory information at the time of issuance of a Zoning Compliance Permit.
31. Mass Transit Sign Required: That the applicant post an information sign (not to exceed 4 square feet of display area) at the eastern end of the eastern parking lot, explaining that a 50-foot easement is reserved for a future mass transit corridor on the land located between the edge of the parking lot and Meadowmont Lane.
32. Identification of Mass Transit Easement: That a note shall be placed on the final plat, identifying the location of the 50-foot wide mass transit easement, and indicating the proximity of the easternmost dwelling unit to the western edge of the easement.
33. Energy Management: That an energy management program generally consistent with guidelines submitted by the applicant, designed to minimize energy consumption, be prepared and submitted to the Town Manager as part of final plans, prior to issuance of a Zoning Compliance Permit.
34. Open Burning: That the open burning of trees, limbs, stumps and construction debris associated with this development is prohibited.
35. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
36. 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 Special Use Permit for the Meadowmont Affordable Townhomes development.
This the 24th day of January, 2000.
COUNCIL MEMBER BATEMAN MOVED, SECONDED BY MAYOR PRO TEM PAVĂO, TO INSTRUCT THE MAYOR TO SEND A LETTER TO THE MEADOWMONT DEVELOPERS TO REQUEST THEY ASSIST OCHC WITH THE COST OF THE ROAD. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
COUNCIL MEMBER PAVĂO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO RECESS THE COUNCIL MEETING TO JANUARY 25, 2000 AT 7 P.M. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
The meeting recessed at 8:08 p.m.