SUMMARY MINUTES OF A REGULAR BUSINESS MEETING

OF THE CHAPEL HILL TOWN COUNCIL

MONDAY, JUNE 12, 2000, AT 7:00 P.M.

Mayor pro tem Pavão called the meeting to order at 7 p.m.

Council members present were Flicka Bateman, Joyce Brown, Pat Evans, Kevin Foy, Jim Ward and Edith Wiggins.  Mayor Rosemary Waldorf and Council Member Bill Strom were absent, excused.

Staff members present were Town Manager Cal Horton, Assistant Town Manager Florentine Miller, Town Attorney Ralph Karpinos, Assistant to the Manager Bill Stockard, Planning Director Roger Waldon, Parks and Recreation Director Kathryn Spatz, Transportation Planner David Bonk, Public Works Director Bruce Heflin, and Town Clerk Joyce Smith.

Item 1 - Ceremonies (none) 

Item 2 - Public Hearings (none)

Item 3 - Petitions by Citizens and Announcements by Council Members

3a.  Petitions by citizens on items on the agenda (none).

3b.  Petitions by citizens on items not on the agenda.

3b.1.  Elizabeth Thompson regarding removal of stop sign at Kenmore Road, Saddle Ridge and Bridle Run.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER BATEMAN, TO RECEIVE AND REFER THE PETITION.  THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).  

3b.2.  Dawn Davis Heric on Fee Schedule for Providence Glen.

Ms. Heric requested a 30-day extension in which to submit final plans for Providence Glen Condominiums under the existing fee schedule.   She explained that delays were due to solving the affordable housing issue that had been raised during the approval process.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER FOY, TO RECEIVE AND REFER THE PETITION.  THE MOTION WAS ADOPTED UNANIMOUSLY (7-0). 

3c.  Announcements by Council Members.

Council Member Bateman said that she had received phone calls after the recent accident near the Horace Williams Airport.  She asked the Town Council to reiterate its position regarding the location of that airport and to have the Mayor forward a statement to UNC officials.

Mayor pro tem Pavão announced a Summer Concert Series to be held on Thursday evenings (June 15, July 13, August 10) outside Pearson Hall at 7 p.m.  He noted that the concert would be free and open to the public.

Mayor pro tem Pavão displayed a book, A Generation Speaks: Voices of the Great Depression, which had been published by the Chapel Hill Senior Center.

Item 4 - Consent Agenda

COUNCIL MEMBER WIGGINS MOVED THAT COUNCIL MEMBERS BROWN AND WIGGINGS BE APPOINTED AS COUNCIL REPRESENTATIVES TO THE RENTAL LICENCING TASK FORCE, AND THAT THEIR NAMES BE INCLUDED IN THE APPROPRIATE BLANKS IN RESOLUTION R-3.  COUNCIL MEMBER BROWN SECONDED THE MOTION.  THERE WAS NO OBJECTION FROM THE COUNCIL.

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT THE CONSENT AGENDA WITH R-3 AS AMENDED.  THE MOTION WAS ADOPTED UNANIMOUSLY (7-0). 

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES

(2000-06-12/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:

This the 12^th day of June, 2000.

A RESOLUTION NOMINATING APPLICANTS TO VARIOUS ADVISORY BOARDS AND COMMISSIONS (2000-06-12/R-2)

WHEREAS, the applications for service on an advisory board or commission or other committees listed below have been received; and

WHEREAS, the applicants have been determined by the Town Clerk to be eligible to serve;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the following names are placed in nomination to serve on an advisory board or commission:

Board of Adjustment

Tom Moore

Chapel Hill Public Arts Commission

Lucia Anderson

Human Services Advisory Board

Monica Arnold

William F. Powers

Personnel Appeals Committee

Helen R. Miller

This the 12^th day of June, 2000.

A RESOLUTION ESTABLISHING A CHARGE, TIMETABLE, AND COUNCIL REPRESENTATION FOR A RENTAL LICENSING WORK GROUP (2000-06-12/R-3)

WHEREAS, the Chapel Hill Town Council has expressed its intent to establish a Rental licensing Work Group;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the charge of the Work Group will be as follows:

The Rental Licensing Task Force is established to provide the Town Council with recommendations regarding whether or not to enact a system of licensing the rental of dwelling units in Chapel Hill and, if adopted, what form such a system should take.  The Task Force shall:

1. Consider the Rental Licensing proposals that have been brought to the Council;

2. Identify advantages, disadvantages, and implications associated with these proposals;

3. Consider additional alternative Rental Licensing models;  and

4. Prepare a recommendation for the Council’s consideration.  

In conducting its work, the Task Force shall:

1. Offer opportunities for public comments on this issue;  and

2. Consider the perspectives of multiple constituent groups:  homeowners, renters, rental property owners, and rental property managers.

BE IT FURTHER RESOLVED that the Task Force is expected to begin meeting in October, 2000, meet four times between October, 2000 and February, 2001, and report its findings and recommendations to the Town Council during March, 2001.

BE IT FURTHER RESOLVED that the Task Force shall have 12 appointees, plus two Council members.

BE IT FURTHER RESOLVED that the following Council members are appointed to the Task Force, and to act as convenors of the Task Force:

·        Council Member Joyce Brown; and

·        Council Member Edith Wiggins.

This the 12^th day of June, 2000.

A RESOLUTION AUTHORIZING AN INTERLOCAL AGREEMENT WITH THE TOWN OF CARRBORO AND BUDGET AMENDMENTS FOR SAFETY SERVICES (2000-06-12/R-4)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Town Manager to enter into an Interlocal Agreement with the Town of Carrboro to share equally in  the costs of a Safety Officer employee with the Town of Chapel Hill.

This the 12^th day of June, 2000.

A RESOLUTION SUPPORTING SALES TAXES ON REMOTE SALES AND OPPOSING UNITED STATES SENATE BILL 2255 (2000-06-12/R-5)

WHEREAS, out-of-state remote sellers who conduct sales via the Internet, mail order, and telephone are not required by law to collect existing sales and use taxes imposed by state and local governments; and

WHEREAS, state and local governments are working together to implement a streamlined sales tax system that would simplify definitions, tax rates, and tax bases and use 21^st Century technology in the collection process; and

WHEREAS, current laws create a competitive disadvantage and great inequities between merchants who sell from traditional “brick-and-mortar” establishments and those who sell from electronic stores; and

WHEREAS, increasing sales on the Internet and the resulting erosion of sales and use tax revenues will limit the ability of local governments to finance essential public services such as police, fire, emergency medical service, education, social service, infrastructure development, and healthcare; and

WHEREAS, a recent study estimates that state sales tax revenue losses in 2003 will exceed $10 billion; 

NOW, THEREFORE, BE IT RESOLVED that the Chapel Hill Town Council supports simplification of state and local sales taxes, and urges states to move expeditiously to develop and approve model simplification legislation.

BE IT FURTHER RESOLVED THAT the Council opposes efforts, as proposed in Senate Bill 2255, to extend or expand the current Internet tax moratorium beyond its expiration in October 2001.

BE IT FURTHER RESOLVED THAT if state and local governments choose to negotiate a brief extension of the existing moratorium as part of a broader bill, such an extension:

·        Should only be effective for a short period of time (no more than two years); and

·        Must be linked to states’ successfully implementing sales tax simplification, which would trigger Congressional authorization of expanded duty to collect use taxes on remote sales.

This the 12^th day of June, 2000.

A RESOLUTION SUPPORTING FAIR TREATMENT OF LOCAL RETAILERS AND LOCAL AND STATE GOVERNMENTS IN THE REGULATION OF ELECTRONIC COMMERCE (99-4-12/R-11)

WHEREAS, the National League of Cities (NLC) has listed Electronic Commerce as its top federal priority for 1999 and seeks federal action to establish fair treatment for local retailers and cities on electronic commerce; and,

WHEREAS, the National Association of Counties (NACO), and U.S. Conference of Mayors have filed a federal lawsuit to block the Advisory Commission on Electronic Commerce from meeting, arguing that it does not comply with the representation requirements of the 1998 Federal Internet Tax Freedom Act, its enabling legislation, because it does not include sufficient state and local government representation; and, 

WHEREAS, the Town of Chapel Hill finds that these efforts by national organizations are being taken in the best interests of local governments and local businesses; and

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby indicates its support for the policies of the NLC, NACO, and U.S. Conference of Mayors on the subject of electronic commerce and urges its representatives in Congress to support balanced representation on the Internet tax commission and federal legislation that will establish fair treatment for local governments and local businesses on electronic commerce.

BE IT FURTHER RESOLVED that the Mayor is requested to write to the Town’s representatives in the United States Senate and House of Representatives conveying the Town’s position on this issue.

This the 12^th day of April, 1999.

A RESOLUTION OPPOSING UNITED STATES SENATE BILL 1028 (2000-06-12/R-6)

WHEREAS, U.S. Senate Bill 1028 would allow land-use cases to go to federal court before a local authority has made a final ruling; and

WHEREAS, U.S. Senate Bill 1028 gives control of zoning decisions to the federal court and takes the decisions out of the hands of local government; and

WHEREAS, U.S. Senate Bill 1028 would create more frequent and more expensive litigation against local governments because land-use disputes would appear in court at an earlier point in the process; and

WHEREAS, zoning and land-use decisions are best handled by local officials;

NOW, THEREFORE, BE IT RESOLVED that the Chapel Hill Town Council opposes U.S. Senate Bill 1028.

This the 12^th day of June, 2000.

A RESOLUTION APPROVING A CHANGE TO THE APPROVED COLOR SCHEME FOR THE HILLTOP ELEVATED WATER TANK (2000-06-12/R-7a)

WHEREAS, the Council of the Town of Chapel Hill approved a Special Use Permit authorizing construction of an Orange Water and Sewer Authority Water Storage Tank and Tower on January 22, 1996; and

WHEREAS, the Council included a condition of approval that requires that the tank color(s) be approved by the Town Council; and

WHEREAS, the Orange Water and Sewer Authority has requested a change to the color scheme authorized by the Town Council on October 28,1996 to allow the tank column to not be painted and instead remain as unpainted concrete;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves the request of the Orange Water and Sewer Authority for the following change:

            COLOR:         Concrete base, then gray on top.

This the 12^th day of June, 2000.

A RESOLUTION APPROVING A REQUEST FOR AN EXTENSION OF THE COMPLETION DATE FOR NOTTING HILL APARTMENTS (2000-06-12/R-8a)

WHEREAS, Wood Partners has requested an extension of the completion time limit for Notting Hill Apartments (aka Sterling Ridge); and

WHEREAS, Article 18.6.3 of the Chapel Hill Development Ordinance requires Council to make the determination that a) the permit holder submits the request within 60 days of the completion time limit; b) the permit holder has proceeded with due diligence and good faith; and c) conditions have not changed so substantially as to warrant Council reconsideration of the approved development; and

WHEREAS, a) the permit holder submitted the request within 60 days of the completion date; b) the permit holder has proceeded with due diligence and good faith; and c) conditions have not changed so substantially as to warrant Council reconsideration of the approved development.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves the request of Wood Partners for the extension of the completion date of the Notting Hill Apartment (aka Sterling Ridge) to July 1, 2001.

This the 12^th day of June, 2000.

A RESOLUTION APPROVING A TEMPORARY STREET CLOSING ON AUGUST 20, 2000, AS REQUESTED BY THE UNIVERSITY OF NORTH CAROLINA (FALL FEST) AND GIVING THE MANAGER ADMINISTRATIVE AUTHORITY TO APPROVE FUTURE REQUESTS FOR TEMPORARY STREET CLOSING RELATING TO FALL FEST (2000-06-12/R-10)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the University’s request to close the part of South Road from Stadium Drive to Raleigh Road from 6:00 p.m. on August 20, 2000, to 5:00 a.m. on August 21, 2000, subject to conditions to be set forth by the Town Manager or Manager’s designee, which may include the following:

1.   The Fall Fest activities for students shall end by 1:30 a.m., and the street may be closed until 5:00 a.m. for the purpose of clean-up and removal of materials.

2.   The University shall receive approval of all permits and plans required by Town ordinances and other laws and regulations, such as a traffic control and safety plan for temporary activities in the street.

3.   No alcohol shall be possessed or consumed in the street right-of-way.  Personnel shall be on duty at the ends of the closed street areas to ensure access for Town, University and other emergency vehicles into and through the closed area if needed.

4.   The University shall designate a contact for coordination and communication with the Town regarding the street closing.

5.   University personnel in charge of the activities in the closed street area shall comply with directives of the Police and Fire Chiefs or other designee(s) of the Town Manager.

BE IT FURTHER RESOLVED that the Council authorizes the Manager to approve minor adjustments in the time and location of the requested street closing.

BE IT FURTHER RESOLVED that the Manager is given administrative authority to approve future street closures for future Fall Fests which are not substantially different in length, location and format from the plans of Fall Fest 2000.

This the 12^th day of June, 2000.

A RESOLUTION DIRECTING THAT TOWN BEGIN THE PROCESS TO EVALUATE POSSIBLE SIDEWALK AND BICYCLE PROJECTS  (2000-06-12/R-11)

WHEREAS, the Council created the Bicycle and Pedestrian Advisory Board in order to provide focus on bicycle and pedestrian issues; and

WHEREAS, the Council recently adopted a revised Comprehensive Plan which suggests new measures for pedestrian and bicycle levels of service; and

WHEREAS, the Council would like input into the process to prioritize and choose sidewalk and bicycle projects.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Bicycle and Pedestrian Advisory Board:

1. Review the existing sidewalk priority system and suggest revisions, if necessary;
2. Create a priority system for bicycle facilities planning;
3. Create a list of needed sidewalk and bicycle facilities; and
4. Make recommendations to the Council for spending available funds.

BE IT FURTHER RESOLVED by the Council that the Bicycle and Pedestrian Advisory Board is directed to report back to the Council by August 28, 2000, and that a Public Forum is to be scheduled in September 2000, to receive public input on their recommendations. 

This the 12^th day of June, 2000.

A RESOLUTION REFERRING THE BOARD OF ORANGE COUNTY COMMISSIONERS’ PROPOSAL TO THE MANAGER AND THE PARKS AND RECREATION COMMMISSION FOR COMMENT BY AUGUST 28, 2000  (2000-06-12/R-12)

WHEREAS, the Mayor received a May 19, 2000 correspondence from the Chair of the Orange County Board of Commissioners requesting that the Council adopt a resolution establishing an Intergovernmental Parks Work Group; and

WHEREAS, the Board of Commissioners also requested that the Council appoint Chapel Hill representatives for an initial meeting in September; and

WHEREAS, the Board of Commissioners also requested that the Council authorize the Town Manager to meet with his counterparts in the County and other municipalities, for the purpose of developing a report for the October 30 Assembly of Governments meeting  on ways that the County and municipalities might coordinate and synchronize capital funding for future parks; and

WHEREAS, these requests emanated from the Joint Master Recreation and Parks Work Group report which was reviewed by the Manager and the Parks and Recreation Commission;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council refers the Board of Commissioners’ requests to the Manager and the Parks and Recreation Commission for comment in reports to the Council no later than August 28, 2000.

 This the 12^th day of June, 2000.

Item 5 - Information Items

Agenda item #5c was renumbered to become agenda item #6.

Item 6 - Response to Margaret Cheek Petition Regarding

The Pines Community Center

Assistant Town Manager Flo Miller explained that Ms. Margaret Cheek had petitioned the Council in March regarding the Community Center.  At that time, Ms. Miller said,  Ms. Cheek had expressed concerns about ground maintenance, disputes between the Center and its neighbors, and the status of Center repairs.  Ms. Miller stated that the Town had agreed in 1990 to assist in providing maintenance services to the outside area because the Town believed that the facility was open to those living in the surrounding area.

Ms. Miller said that the Town does not have a role in settling disputes between the Center and its neighbors because the Center is a private, non-profit organization.  She reminded Council members that the Center had been declared in default on rehabilitation loans from the Town, but pointed out that that issue had been resolved and the Center had repaid the Town in full.  Ms. Miller added that the Inspection Department had looked at the facility in 1999 and that the Center had passed a final inspection.

Ms. Cheek stated that she had not received a statement from the Inspections Department saying that repairs had been done.  She asked why the Pines Community Center was asking for a grant of $17,000 to do repairs if the repairs had already been done.  Ms. Cheek pointed out that a health issue was causing the dispute between the neighbors and the Center, and added that the neighbors had not received a report stating that any of the health issues had been taken care of.  Ms. Cheek sited the mold problem that causes a bad odor as an example.

Ms. Miller replied that the problems described in Town Housing Inspector Bobby Pettiford’s letter had been taken care of within recent weeks.  She was unable to answer regarding the Health Department’s issues.  Mr. Horton agreed to inquire about this to the Orange County Health Department.   

Council Member Bateman commented that if the bad odor still existed then there still is a problem.  She said that the Town and the County Health Department had an obligation to make sure the Center is safe.  Council Member Bateman agreed with Ms. Cheek’s insistence that reports be submitted in writing.  Council Member Jim Ward requested an update on this issue at the next meeting, and Mr. Horton agreed.

Item 7 - Special Use Permit Application for First Baptist/Manley Estates

Town Planning Director Roger Waldon noted that the staff had recommended approval of Resolution A at the May 15^th public hearing.  He said that the staff again recommended adopting Resolution A, with the stipulation that the Town not require any specific improvements to Trimble Road but leave it as an informal path. 

Council Member Brown asked Mr. Waldon to respond to a letter from Ms. Eva Metzger.  Mr. Waldon pointed out that the staff’s comments regarding that begin on page nine of the memorandum.

Attorney John Stewart stated that there was a plat recorded in 1924 which showed Trimble Road going through the property.  He cited a 1967 case (State Highway Commission vs. Thornton) saying “the fact that an owner records a map showing a street or a road across on his land does not alone constitute an offer of dedication to the public, but it is required further that the owner sell a lot with reference to such map, and even then the offer of dedication must be accepted by the public.” 

Mr. Stewart noted that no lots had been sold from that land.  He added that there was no indication that this land had been dedicated or that the Town had accepted this road as a public right-of-way.  Mr. Stewart urged the Town Council to adopt Resolution A without any additional language.  He noted a map on page 51 of the packet, which showed that Park Road could connect to a bicycle path to Merritt Mill Road.

Reverend J. R. Manley thanked the Council and staff for supporting the project and urged the Town Council to adopt Resolution A.  He said there had been a tremendous amount of interest and support for this project and described it as a timely opportunity that should not be missed.

Arthur Cogswell echoed Rev. Manley’s thanks and expressed gratitude for the dispatch with which the Town staff had processed the project.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER FOY, TO ADJOURN THE PUBLIC HEARING.  THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT R-13A.

Council Member Evans offered a friendly amendment to #5 of R-13a, saying:  “garden plots shall be identified on the plan, with some accessible for wheelchair-bound people and some built with raised beds, and have a nearby source of water and a convenient tool storage area.”  She also suggested adding: “if it becomes necessary that the garden plots be fenced in, that fencing will be added later.”  Council Members Wiggins accepted the amendment.

Council Member Ward requested clarification of the Park Road access issue.  Mr. Waldon explained that Park Road had been partially completed as a Town-owned public street and that it would be possible for the Laurel Ridge Apartments to bring a path to the Park Road right-of-way.

Mr. Cogswell noted the rough terrain along Trimble Road and said that Park Road would be much more favorable for a bicycle path.  He added that HUD probably would not permit the applicant to use grant funds off site, but noted that the amount of money needed for this access would not be large.

Council Member Kevin Foy pointed out that the Bicycle and Pedestrian Advisory Board had recommended dedicating an easement on the eastern property line as a public greenway to connect with Park Road.  He asked if the applicant would object to such an easement.  Mr. Cogswell replied that they would not object, but noted that Laurel Ridge already has access to Park Road.

L. Lane Sarver pointed out that sewer easements and greenways are compatible in many instances and that it would be a simple matter of going on top of the current OWASA easement. 

Town Attorney Ralph Karpinos commented that the part of the easement that is within the Park Road right-of-way could be used.  He added, though, that the Town would not have the right to use that OWASA easement at any point where the easement is outside of the right-of-way, but would have to acquire its own right-of-way or have it dedicated.

Mr. Stewart noted the map on page 59 showing that the land was not conducive to a road because of a 20-foot drop.

Council Member Evans remarked that there had been no paths created on the land so the demand for one probably was not great.

Council Member Ward noted that a number of boards had urged finding an easement to link Park Road to the population to the south. 

Council Member Wiggins pointed out that the owners of Laurel Ridge Apartments could have access to Park Road for their residents from the back of their property.  She advised against overburdening the Manley Estates project.

Mr. Stewart said that the applicant was agreeable to talking with OWASA about access but that that would be OWASA’s decision.  Council Member Ward suggested finding out what OWASA could do regarding that access.  He asked if the project owner would be amenable to providing an easement on Park Road to the end of the property.  Mr. Steward indicated that they would be. 

Council Member Evans noted that the Park Road right-of-way abutted the Laurel Ridge Apartments and that Laurel Ridge residents could gain access from the end of their parking lot onto Park Road.  She advised the applicant not to agree to an easement when there is no need for one.   Council Member Evans pointed out that Laurel Ridge Apartment dwellers could petition the Council to connect their land to the dedicated road right-of-way.

Mr. Karpinos noted that the Park Road right-of-way appeared to come off Merritt Mill Road and to connect all the way down to the Laurel Ridge Apartments.  He said that this would be available to the Town for a greenway, or a street, or both.  Council Member Ward replied that it was not necessary then for the Manley Estates do any more.

COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT R-13A AS AMENDED.  THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

A RESOLUTION APPROVING A SPECIAL USE PERMIT APPLICATION FOR THE FIRST BAPTIST AND MANLEY ESTATES APARTMENTS FOR THE ELDERLY (SUP 90.A.6) (2000-06-12/R-13a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by the Rev. John R. Manley, on property identified as Chapel Hill Township Tax Map 90, Block A, Lot 6, if developed according to the plans dated February 3, 2000 (revised April 5, 2000) and the conditions listed below, would:

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

2.         Comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Articles 12, 13, and 14, and with all other applicable regulations, with the modifications listed below;

3.         Be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; 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 Town Council finds that:

1.         Reasonable assurances exist that the dwelling units served by the parking spaces will be maintained for occupancy by the elderly or handicapped; and/or

2.         That sufficient livability space exists on the property to ensure that, should the units be converted to another form of occupancy or use, sufficient parking can be provided on the site to satisfy the parking requirements of the new use without violating the land use intensities of Section 13.11.

BE IT FURTHER RESOLVED that these findings are conditioned on the following:

       Stipulations Specific to the Development

1.                  That construction begin by June 12, 2002 and be completed by June 12, 2003.

2.                  Land Use Intensity:  This Special Use Permit authorizes the following:

·        One building, with a maximum of 36,995 square feet of floor area, and 41 residential dwelling units;

·        A minimum of 8,810 square feet of recreation space; and

·        A minimum of 20 parking spaces (in accordance with Section 14.6.7 of the Development Ordinance and the finding(s) made by the Town Council).

3.         Land Use:  That the use of this development be restricted to housing for low-income elderly residents.

4.              Compliance with Federal Requirements:  That the development remain in compliance with the Federal Department of Housing and Urban Development requirements and the Americans with Disabilities Act requirements.

5.            Recreation Space:  That the proposed indoor and outdoor recreation areas meet the Town’s standards for planned development-housing recreation space, and that the details be reviewed for approval by the Town Manager prior to issuance of a Zoning Compliance Permit.  The following features shall be included in the recreation area plan:

·        The paths around the building and to the gazebo shall be paved or concrete to allow wheelchair use;

·        The garden plots shall be identified on the plans, with some accessible for wheelchair-bound people, and some built with raised beds, and have a nearby source of water, and have a convenient tool storage area;

·        If it becomes necessary that the garden plots be fenced in, that fencing be added later;

·        The portion of the path system required to access the building shall not be counted as recreation area; and

·        That active outdoor space shall be provided, such as for bocce ball or croquet.

The recreation area details shall be reviewed for approval by the Town Manager prior to issuance of a Zoning Compliance Permit

6.                  Pedestrian and Bicycle Related Improvements: 

A.  That the applicant shall provide pedestrian walks in the following locations:

• New sidewalk connecting to existing sidewalk such that there is continuous sidewalk along the Merritt Mill Road frontage;

• Sidewalk along one side of the entrance drive;
• Sidewalk from the loop drive to the building;
• Sidewalk on all sides of the building; and
• Sidewalk from the building to the proposed gazebo.

B.  That crosswalks be added in the following locations:

·        Across the entry drive, using contrasting pavement or paint; and

·        Across Merritt Mill Road, in a location to be approved by NCDOT or the Town Manager.

C.  That a secure, covered, and illuminated space, with Wave-type bicycle rack be provided for at least 2 bicycles.

7.            Pavement Design and Construction:  That the streets, the drive aisles, and parking lots be designed and constructed to Town standards.

8.         Heavy Duty Pavement:  That along the refuse/recycling service vehicle routes, heavy duty pavement, with a 8” base course, be installed.

9.         Parking Prohibition on Circular Drive:  That the circular drive aisle shall be striped and signed for “no parking”.

10.            Parking:

A.           That at least 20 parking spaces be provided with initial development.

B.           That up to 20 parking spaces may be added with Town Manager approval.

C.           That the parking lot layouts for 20 parking spaces and 40 parking spaces be submitted for approval by the Town Manager prior to issuance of the first Zoning Compliance Permit associated with building construction.   

D.   Heavy Duty Pavement:  That heavy duty pavement be installed under the refuse service vehicle access route and under the dumpster pads and compactor area, with pavement specifications, the location, and configuration to be approved by the Town Manager.

E.   Parking Area Screening:  That all parking areas be screened from public road view, and that screening plans shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

F.   Parking Lot Design and Construction:  That the parking lot shall be designed and constructed to meet Town standards unless an alternate design is approved by the Town Manager.

11.            Recordation of a Subdivision Plat:  That a minor subdivision plat be reviewed for approval by the Town Manager and recorded in Orange County prior to issuance of a Zoning Compliance Permit.

12.            Dedication of Sight Triangle Easements:  That sight triangle easements, if required by NCDOT or the Town, be dedicated prior to the issuance of a Zoning Compliance Permit.

Stipulations Related to Landscape Elements

13.            Landscape Protection Plan:  That a Landscape Protection Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.  This plan shall include areas of vegetation to be preserved; the anticipated clearing limit lines; proposed grading; proposed utility lines a detail of protective fencing; and construction parking and materials storage/staging 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.

14.            Landscape Plan: 

A.     That a detailed landscape plan and landscape maintenance plan be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

B.     Detailed final plans shall include demonstration that parking lot shading and screening requirements will be met.

C. That if the applicant proposes clearing of vegetation beyond what is currently shown on the plans, the applicant shall develop and submit a selective clearing plan to the Town Manager for approval prior to initiation of any vegetation clearing.

15.            Landscape Buffers:  That the following landscape buffers be provided:

·        Type “C” buffer, 20 feet wide, along the Merritt Mill Road frontage;

·        Type “D” buffer, 30 feet wide, along the NC 54 frontage; and

·        Type “B” buffer, 10 feet wide, along the remaining property lines.

Existing vegetation shall be supplemented with evergreen shrubs and trees as necessary to fulfill landscape buffer planting requirements.  The landscape buffer plan shall be reviewed for approval by the Town Manager prior to issuance of a Zoning Compliance Permit.

For the Type “B” buffer proposed along the northern property line, a permanent landscape easement on the adjacent property shall be recorded prior to issuance of a Zoning Compliance Permit.

Stipulations Related to Building Elevations

16.      Building Elevations/Site Lighting:  That the detailed building elevations and lighting plan be approved by the Community Design Commission prior to issuance of the Zoning Compliance Permit.

Stipulations Related to Water, Sewer, and Other Utilities

17.            Utility/Lighting Plan Approval: That the final utility/lighting plan be approved by Duke Power Company, Orange Water and Sewer Authority, BellSouth, Public Service Company, Time Warner Cable, and the Town Manager prior to issuance of a Zoning Compliance Permit.

18.            Placement of Utility Lines Underground:  That the final plans indicate that all utility lines shall be placed underground.

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

20.       Fire Sprinkler:  That a fire suppression sprinkler system shall be provided for the building.

21.       Fire Connection Locations:  That the fire connections be installed on the street side of buildings in easily visible and accessible locations to be approved by the Town Manager.

Miscellaneous Stipulations

22.            Stormwater Management Plan: 

A.  That a Stormwater Management Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.  Based on a 25-year storm, the post-development stormwater run-off rate should not exceed the pre-development rate.  The plan must show how stormwater detention for this site will be achieved.

B.   Design and construction of any stormwater management facility shall be approved by the Town Manager.  All plans and final plats shall include dedication of permanent easements and construction of a paved or gravel drive for ingress/egress as necessary for construction, maintenance operations and equipment.  The drive shall be in a location to be approved by the Town Manager.

C.    If bioretention methods are incorporated, the bioretention facilities shall be maintained by the property owner.

23.       Solid Waste Management Plan:  That a Solid Waste Management Plan, including a recycling plan and a plan for managing and minimizing construction debris, shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.             

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

25.       Plant Rescue:  That the developer consider conducting plant rescue activities on the site prior to initiation of development activity.

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

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

27.       Erosion Control: 

A.  That a detailed soil erosion and sedimentation control plan, including provision for maintenance of facilities and modifications of the plan if necessary, be approved by the Orange County Erosion Control Officer and the Town Manager prior to issuance of a Zoning Compliance Permit.

B.  That a performance guarantee be provided in accordance with Section 5-97.1 Bonds of the Town Code of Ordinances prior to issuance of any permit to begin land-disturbing activity.

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

29.            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 phone number; and a telephone number for regulatory information at the time of issuance of a Zoning Compliance Permit.

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

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

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the Special Use Permit application for the First Baptist and Manley Estates Apartments for the Elderly.

This the 12th day of June, 2000.

Item 8 - Special Use Permit for Tau Epsilon Phi Fraternity House

Mr. Waldon recommended approval of R-14a.

Council Member Evans suggested connecting the brick sidewalk in front of the house to the adjoining sidewalks.  Mr. Waldon recommended making that a condition of approval.

Gary Giles, with GGA Architects, stated that the sidewalk would be extended about 20 feet to the property line of a sorority house to the east that had no sidewalk in front of it. He said he believed it already was connected to the west, but, if not, the applicant would connect it. 

Mr. Giles noted that the applicant had made most of the changes suggested by the Design Commission, but argued against the stipulation to eliminate one of the parking spaces.  He pointed out that they had reduced the number of parking spaces by 25%, down to 13, and explained that one space is being used as backup slip so that cars can pull out frontward onto Rosemary Street.

Council Member Foy asked Mr. Waldon why the staff had recommended deleting the 13^th parking space.  Mr. Waldon replied that it is a difficult space that does not work well on the plan.  Mr. Horton added that eliminating the space would enable the plan to meet the normal requirement to have a five-foot planning strip between parking lots and buildings, rather than the proposed eighteen-inch strip.

Council Member Evans asked how many people would be served meals at the house.  Aaron Nelson, speaking for the applicant, replied that it would be approximately 20 for lunch and dinner.  He noted that people walk to lunch and can park their cars at neighboring lots during dinnertime.  He said that the problem was having only 13 parking spaces for a 20-bedroom house.

Mr. Giles added that the applicant would also like to be released from the stipulation by the Bicycle and Pedestrian Advisory Board to cover the bike rack.  He said that the applicant did not see that as a good use of the tight budget they were on.  Mr. Giles noted that the area would be lighted and that individual riders would secure their bikes.

Council Member Ward explained that the point was to keep bike seats dry to encourage that mode of transportation.

Aaron Nelson reported that the 400 living alumni were supporting the project.  He asked the Council to adopt R-14b with removal of the covered and illuminated bike racks stipulation and approval of the 13^th parking space.  Mr. Nelson noted that the Planning Board and the Transportation Board had both recommended leaving the 13^th space.  He explained that most people would walk and that those who do use bicycles tend to cover their seats in the rain with plastic bags.

Council Member Bateman spoke in favor of covered bike racks, explaining that the goal was to make bike riding as inviting as possible.

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO CLOSE THE PUBLIC HEARING.  THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT R-14A.

Council Member Evans asked to include extending the sidewalk as a friendly amendment.  Council Member Foy agreed.  Council Member Evans asked to include leaving 13 parking spaces, but Council Member Foy did not accept that as a friendly amendment.

THE MOTION, AS AMENDED, WAS ADOPTED UNANIMOUSLY (7-0).

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE TAU EPSILON PHI (TEP) FRATERNITY HOUSE (2000-06-12/R-14a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by GGA Architects on property identified as Chapel Hill Township Tax Map 80, Block E, Lot 6, and PIN # 9788-48-6120, if developed according to the site plan dated April 3, 2000, and conditions listed below, would:

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

2.         Comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Articles 12, 13, and 14, and with all other applicable regulations;

3.         Be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and

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 by the Town Council of Chapel Hill that it finds, in this particular case, that the following modifications satisfy public purposes to an equivalent or greater degree:

1.      Modification of Subsection 13.1.11 Use Group B, of the Development Ordinance to allow a total of 8,971 square feet of floor area on the site (a Floor Area Ratio of .576).

2.      Modification of Subsection 13.1.11 Use Group B, of the Development Ordinance to allow a total of 10,962 square feet of outdoor space on the site (an Outdoor Space Ratio of .70).

3.      Modification of Subsection 13.1.11 Use Group B, of the Development Ordinance to allow a Front Street Setback of 14 feet.

4.      Modification of Subsection 13.1.11 Use Group B, of the Development Ordinance to allow a Western Interior Setback of 2 feet.

5.      Modification of Subsection 14.12 to allow the existing alternative buffers on all four edges of the site, in lieu of the required landscape bufferyards. 

6.      Modification of Subsection 14.6.6 (a) to allow the existing parking facilities to be adjacent to the exterior wall of the house (rather than providing a five-foot landscaped strip).

7.      Modification of Subsection 14.6.6 (d) to allow 1,448 (34.2%) of the parking areas on the site to be shaded with vegetation.

8.      Modification of Subsection 14.6.7 to allow a total of 12 parking spaces on the site.

9.      Modification of Subsection 14.10 to allow an existing overhead utility line on the site to remain aboveground.

Said public purposes being the (1) provision of a renovated development that complies with the Town’s fire safety codes (including the addition of a sprinkler system, improvements to exterior fire stairwells, and better internal circulation and access to 2^nd and 3^rd floor exterior stairwells), (2) the provision of safer ingress and egress to the site, (3) the improvement to an aging structure that provides needed student housing close to campus, and (4) the provision of an architecturally integrated structure that better reflects the character of the Franklin/Rosemary Historic District as a whole.

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit for the Tau Epsilon Phi (TEP) Fraternity House in accordance with the plans listed above and with the conditions listed below:

       Stipulations Specific to the Development

3.                  That construction begin by 6-12-2000 (two years from the date of Council approval) and be completed by 6-12-03 (three years from the date of Council approval).

4.                  Land Use Intensity:  This Special Use Permit authorizes a 989 square foot addition to the existing Tau Epsilon Phi (TEP) Fraternity House, including interior and exterior renovations; a maximum of 20 on-site residents; the reduction from 16 to 12 parking spaces; and the installation of a back-in bay that will provide the opportunity for vehicles to drive forward when exiting the site. 

5.                  Parking:  That only 12 parking spaces shall be permitted on this site.  Parking space C13 as denoted on the plans dated April 3, 2000, shall be removed and replaced with appropriate landscaping.

6.                  Bicycle Racks:  That the bicycle parking for 6 bicycles be secure, covered and illuminated.

7.                  Sidewalk:  That brick sidewalk be extended to connect with adjoining sidewalk to the east and west in front of the property.

Stipulations Related to Landscape Elements

8.                  Landscape Plan Approval:  That a detailed Landscape Plan and Landscape Maintenance Plan shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

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

Stipulations Related to Utilities

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

Stipulations Related to Fire Protection/Fire Safety

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

12.              Sprinkler System:  That the building shall have a sprinkler system in accordance with Town Code, which shall be approved by the Town Manager.

13.              Sprinkler System Connections:  That a Fire Department sprinkler system connection shall be provided on the East Rosemary Street side of the building, and approved by the Town Manager, prior to the issuance of a Building Permit.

Stipulations Related to Refuse and Recycling Collection

14.              Solid Waste Management Plan:  That a Solid Waste Management Plan, including provisions for recycling and for the management and minimizing of construction debris, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

15.              Approval of Shared-Container and Joint Access Agreements:  That a shared-container and joint access agreement be provided between this site and the adjacent Kappa Delta Sorority site, and shall be approved by the Town 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. 

16.              Heavy-Duty Paving:  That the recycling collection vehicle access routes shall be paved with all-weather, heavy-duty pavement; or alternatively, that a Waiver of Liability be provided as part of the Shared-Container and Joint Access Agreement, stating that the County shall not have responsibility or liability for any damages to the existing pavement as a result of servicing recycling facilities on the site.

Miscellaneous Stipulations

17.              Historic District Commission Approval:  That the Historic District Commission shall approve the building elevations and the lighting plan for the site, prior to the issuance of a Zoning Compliance Permit.

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

19.              Detailed Plans:  That the final detailed site plan, grading plan, utility/lighting plans, and landscape plans shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit, and that such plans shall conform to the plans approved by this application and demonstrate compliance with all applicable conditions and design standards of the Development Ordinance and Design Manual.

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

21.              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.  The construction sign may have a maximum of 16 square feet of display area and may not exceed 6 feet in height.  The sign shall be non-illuminated, and shall consist of light letters on a dark background.

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

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

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the application for a Special Use Permit for the Tau Epsilon Phi Fraternity House. 

This the 12^th day of  June, 2000.

Item 9 - Consideration of Options Regarding Booker Creek Greenway

Mr. Horton stated that the Town had received funding for this project from multiple sources and that R & G Construction Company had submitted the lowest bid. 

Parks and Recreation Department Director Kathryn Spatz explained that the preliminary cost estimates had been higher than the bids.  She showed on a map where the trail would follow if built in its entirety from Booker Creek Road to East Franklin Street and Tadley Drive.  Ms. Spatz listed four alternatives for the trail that would not be required by the NCDOT:

·        Alternative 1 -- New trail from Booker Creek Road to Daley Road.

·        Alternative 2 -- Landscaping and screening of Tadley Drive/Daley Road area.

·        Alternative 3 -- Concrete replacing asphalt throughout the project.

·        Alternative 4 -- Additional pedestrian activated traffic signal at Eastgate Shopping Center.

Mark Broadwell, Chair of the Greenways Commission, said that the Commission had strongly endorsed the project including all four alternatives.  He commented that the trail was a vital link connecting neighborhoods to a very important commercial area.  Mr. Broadwell noted that bids had been reasonable and urged the Town to complete the entire project.

Council Member Evans asked if the $50,000 in open space bond money that the Council had authorized had been used to purchase the necessary link.  Mr. Horton replied that they had used about $12,000 and the rest remained in the open space account.

Council Member Foy clarified that the accepted bid from R & G Construction Company would be $373,422.65, rather than $242,277.35, because the four alternatives had been added.   

Council Member Ward asked what the landscaping alternative would do for the project.  Rob Emerson, a landscape architect with Lapis and Habner, explained that the existing portion of the greenway had been built in tandem with the OWASA sewer project and that landscaping had been required to buffer the adjacent houses.   He said that the landscaping for that portion had been held out and combined with this project.

Mr. Horton asked Mr. Emerson to estimate the amount of funding that would be committed to trailheads rather than buffers.  Mr. Emerson declined to guess but stated that the bulk of the $10,000 would be for trailheads rather than buffer plantings.

Council Member Ward suggested doing only the landscaping required by the Zoning Compliance Permit.  Mr. Horton suggested proceeding with that understanding and separating those costs out in a follow-up report.    

Council Member Ward expressed concerns about maintaining the trailheads.  Mr. Emerson replied that plants would be selected that would thrive in this environment and would not have to be maintained.

Council Member Evans clarified that the pedestrian-activated crossing light, referred to on page seven of the report, would be the second such light.  Mr. Emerson replied that the light already paid for by the Franklin Grove project is the one crossing Franklin Street and the one that was bid on as an alternate would be for crossing the drive entrance into Eastgate.  He added that this had been recommended by the NCDOT, but was not required.

Council Member Bateman said that if Council Member Ward, who is a botanist, thought there was no need for more landscaping and more plants then she would agree.  She remarked that the money could be better spent elsewhere. 

Mr. Horton suggested that the Council consider approving the budget as presented, with the understanding that the staff would come back no later than June 26th with a breakout so they could amend the budget at that time.    

Council Member Bateman asked Mr. Broadwell for his opinion about the landscaping along the trailhead.  Mr. Broadwell replied that he could not vouch for the absolute necessity of it, adding that sometimes landscaping is put in to help correct damage done by construction.  He suggested that the Council put into the resolution that the Town would do sufficient landscaping to correct erosion problems but not merely for pure beautification purposes.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT R-15.  THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

A RESOLUTION AWARDING A CONTRACT FOR LOWER BOOKER CREEK GREENWAY, PHASE II (2000-06-12/R-15)

WHEREAS, the Town of Chapel Hill has solicited formal bids by legal notice in The Chapel Hill News and the News and Observer on May 5, 2000, and the Challenger Newspaper on May 4, 2000, in accordance with G. S. 143-128 for the construction of Lower Booker Creek Greenway, Phase II; and

WHEREAS, the following bids were received, opened and publicly read on May 31, 2000:

            VENDOR                                                                               BID TOTAL

CSSI

Raleigh, N. C.                                                                                      $514,423.99

R & G Construction Company

Charlotte, N. C.                                                                                $242,277.35

Tri State Consultants

Greensboro, N. C.                                                                                $269,811.50

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill accepts the bid of R & G Construction Company in the amount of $373,422.65 for the Lower Booker Creek Greenway, Phase II construction and all alternatives.

BE IT FURTHER RESOLVED by the Council that the Manager is authorized to increase the existing project budget in the amount of $183,000 by using: Remaining FY 1999-00 Greenways CIP ($65,000), FY 2000-01 Greenways CIP ($90,000), Franklin Grove Payment for Pedestrian Signal ($5,000), and Proposed MPO Direct Allocation Funds ($23,000).

BE IT FURTHER RESOLVED by the Council that it is the Council’s intent to allocate $90,000 in the FY 2000-01 Greenways Capital Improvement annual fund to be used for this project.

BE IT FURTHER RESOLVED by the Council that, if the Durham-Chapel Hill MPO fails to provide $23,000 in requested funds, the Manager may eliminate the landscaping/screening around Tadley Drive and Daley Road ($10,018) and the additional pedestrian activated crossing light across the Eastgate Shopping Center entrance drive ($4,250) from the scope of the project. In this event, the remaining $8,732 shall be taken from the contingency fund.

BE IT FURTHER RESOLVED by the Council that the Manager is authorized to process up to $56,000 in change orders (15% of project cost) without additional Council action.

This the 12^th day of June, 2000.

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT O-2.  THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1999 (2000-06-12/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, 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

CAPITAL

IMPROVEMENTS FUND

            Greenways            1,785,730         65,000            1,720.730

            Transfer to Multi-

                Year Capital Fund            148,749          65,000             213,749

This the 12^th day of June, 2000.

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT O-3.  THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

AN ORDINANCE TO AMEND THE CAPITAL PROJECTS ORDINANCE FOR VARIOUS CAPITAL PROJECTS (2000-06-12/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, that the capital projects ordinance for various capital projects funded from a variety of sources is hereby amended as follows:

SECTION I

The capital projects as authorized by the Town Council includes various capital projects funded from grants, the Capital Improvements Program funds, and other miscellaneous sources of revenue for a variety of projects extending beyond one fiscal year.

SECTION II

The Manager of the Town of Chapel Hill is hereby directed to proceed with implementation of these projects within terms of funds appropriated here.

SECTION III

Revenues anticipated to be available to the Town to complete the project are as follows:

                                                                        Current Budget Revised Budget

         Adopt-A-Trail Grant         35,000         35,000

         Clean Water Management Grant 200,000         200,000

         Metropolitan Planning Grant 56,000         79.000

         State Bicycle/Pedestrian Grant         300,000         300,000

         Pritchard Park Gift         100,193         100,193

         Pritchard Park Interest & Rental Income         63,807         63,807

         Donations        2,000         2,000

         Orange County Bond Funds  105,000         105,000

         Transfer from CIP Fund         191,549         346,549

         Transfer from General Fund 25,000         25,000

         Interest Earnings 88,156         88,156

         N.C. Transportation Grant 212,865         212,865

         OWASA Reimbursement         42,931         42,931

         Pedestrian Signal Reimbursement          5,000

         Total         1,422,501         1,605,501

SECTION IV

                                                                        Current Budget Revised Budget

         Booker Creek Linear Park  20,000         20,000

         Dry Creek Trail         270,800         270,800

         Lower Booker Creek Trail  468,749         651,749

         Pritchard Park  164,000         164,000

         Southern Community Park  105,000         105,000

         Willow Drive Bridge         343,952         343,952

         Hargraves        50,000         50,000

         Total         1,422,501         1,605,501

SECTION V

The Manager is directed to report annually on the financial status of the project in an informational section to be included in the Annual Budget, and shall keep the Council informed of any unusual occurrences.

      SECTION VI

Copies of this projects ordinance shall be entered into the Minutes of the Council and copies shall be filed within 5 days of adoption with the Manager, Finance Director and Clerk.

This the 12^th day of June, 2000.

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT R-16.  THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

A RESOLUTION REQUESTING THAT THE DURHAM-CHAPEL HILL-CARRBORO TRANSPORTATION ADVISORY COMMITTEE REALLOCATE SURFACE TRANSPORTATION PROGRAM DIRECT ALLOCATION FUNDS TO THE BOOKER CREEK GREENWAY (2000-06-12/R-16)

WHEREAS, the Durham-Chapel Hill-Carrboro Transportation Advisory Committee has allocated $288,000 in Surface Transportation Program Direct Allocation funds towards the construction of sidewalks along Cameron Avenue and Raleigh Road; and

WHEREAS, the cost of constructing the Cameron Avenue and Raleigh Road sidewalks will only require the use of  $191,867 of Direct Allocation Funds, leaving $96,133 for reallocation; and

WHEREAS, the Town has determined that the construction of the Booker Creek Greenway will require additional funding;

NOW, THEREFORE, BE IT RESOLVED that the Council of the Town of Chapel Hill  requests the Transportation Advisory Committee to reallocate $23,000 in Direct Allocation funds to the Booker Creek Greenway project.

BE IT FURTHER RESOLVED that the Council directs the Manager to prepare recommendations for reallocating the remaining $73,133 to other transportation projects in Chapel Hill at the Council’s July 5, 2000 meeting.

This the 12^th day of June, 2000.

Item 10 - Options for Simplifying Review of Fraternity/Sorority Application

for Minor Modifications of Special Use Permits

Mr. Horton explained that the staff had been unable to come up with any “magic bullets.” He said that they thought there was something of promise, though, in their proposed options.

Mr. Waldon pointed out that the Town Council had asked not to have to see every fraternity/sorority application that comes in.  He noted that the large number of applications were the result of the Sprinkler Ordinance, explaining that many houses had decided to make other repairs while having sprinkler system installed.  Mr. Waldon explained at many of those minor modifications come before the Council because these old houses do not have Special Use Permits. 

Mr. Waldon outlined three possible options:

·        Change the designation of fraternities and sororities from “Special Use” to “Permitted Use” in the Residential-5 and Residential-6 zoning restrictions.

·        Change the thresholds describing what constitutes a major “modification” of an existing Special Use Permit--an adjustment that could not be limited to fraternities and sororities.

·        Change the provisions of the Development Ordinance to allow the Town Manager to approve minor modifications to existing Special Use Permits and also approve modifications top the Development Ordinance regulations for safety improvements.

Mr. Waldon noted that nothing could be done to speed up the process without amending the Development Ordinance, which would require calling a public hearing on the options in the fall.

Council Member Evans commented that the Town had required improvements to be made by a certain date and suggested helping to make that possible with the help of the Historic District Commission since most fraternities and sororities were located in the historic district.  Mr. Horton agreed, explaining that utilizing the Historic District Commission had been part of discussions regarding the third option.  He noted that having applicants go to the Historic District Commission would give some assurance that changes made in façades would be compatible with the historic district.  Mr. Horton said that this would also provide an opportunity for someone other than the Manager to take a look at the request.

Council Member Foy commented that the Town had been accommodating fraternities and sororities, not hampering them.  He said that the suggested process seemed cumbersome to him and would be extra work for not much gain.

Mr. Nelson outlined how long it can take for a fraternity to get all the permits it needs to be finished with construction by the time students move in.  He said that he thought Mayor Waldorf was interested in the idea because of the 13 houses that were not scheduled to finish by the deadline.  Mr. Nelson pointed out that the Manager will evict those houses on September 12, 2001 for not having a sprinkler system and suggested finding a way for those houses that are doing minor, internal renovations to be completed as quickly as possible.  Mr. Horton explained that this could not be accomplished unless the Council changes the ordinance.

Council Member Bateman asked if it would help some houses if the changes could be passed and in place in October.  Mr. Horton replied that it would help some, perhaps half, who have Special Use Permits.  He noted, though, that there were many unknowns regarding this.

Council Member Bateman asked if the houses could be surveyed over the summer to determine how many needed permits.  Mr. Horton replied that they could.  Council Member Bateman suggested doing that and then not proceeding if doing so did not make sense.

Council Member Wiggins noted that the houses had been on notice for three and a half years and that the Council had made provisions for expedited review.  She advised making sure that the fraternities and sororities understood how important this ordinance is to the Town Council and that eviction would be the consequence of noncompliance.  Council Member Wiggins noted that the Council had a responsibility to be firm with this population because doing so would be better for the Town in the long run.

THE COUNCIL TOOK NO ACTION.

Item 11 - Response to Group Opposing World Trade Organization

Practices  (Council Member Brown)

Council Member Brown introduced the coalition opposing the World Trade Organization (WTO) to present their resolution.

Kristine Soriano, a coalition member, said that the WTO had proven to be an undemocratic institution that usurps sovereign power on a local, national, and international level.  For example, she said, the GATT treaty was undemocratically ratified by the United States and did not receive the two-thirds Senate vote that is needed.  She stated that the WTO’s Dispute Resolution Panel consists of three unknown individuals whose resolution processes are conducted in secret.  Ms. Soriano added that the WTO’s United States trade representative had not been democratically selected.

Seth Landau, coalition leader, argued that the undemocratic structure of the WTO had lead to harmful rulings, such as the Dispute Panel’s decision which had lead to a change in the 1997 Clean Air Act, thus allowing dirtier fuel to enter the United States.  Mr. Landau said that there had been numerous cases of WTO decisions going against health protections and democratically ratified laws.

Dennis Markatos, a coalition member, listed some of the coalition’s organizations: Students United for a Responsible Global Environment, Students for Economic Justice, Student Environmental Action Coalition, the International Socialist Organization, STARK, Student Alliance to Reform Corporations, United Students Against Sweatshops, AFL/CIO, Witness for Peace, Movement for Democracy, and the Sierra Club, to name a few.  He urged Council members to pass the resolution, which he said would be an important step and model for cities around the country.

Edgardo Valeriono, a Honduran-born member of the coalition who has been living in Chapel Hill for seven years, pointed out that Honduran coffee and banana plantations must trade through large corporations because of the WTO.  He asked the Council to adopt the resolution, which takes a stand against allowing anti-democratic governments to exploit citizens.

Jonathan Wexler noted that Chapel Hill had been one of the first cities in the country to adopt a resolution against the death penalty.  He encouraged the Town Council to also take the lead on this issue.  Mr. Wexler argued that the WTO was undemocratic, unaccountable to the people, detrimental to the environment, health and safety, and is opposed by students and community groups across the world.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER FOY, TO ADOPT R-17

Council Member Brown stated that the group had made a good case and that adopting the resolution was important.

Council Member Wiggins asked Mr. Markatos what religious groups were among the coalition.  He replied that Witness for Peace, an interfaith organization, was one its leaders, and that Sojourners, an interfaith-based magazine, lists many of the coalition’s religious groups.  Mr. Landau offered to provide a list of organizations to the Council.

Council Member Evans referred to an article in Governing, which she said discussed the Massachusetts vs. National Foreign Trade Council case that will be decided by the Supreme Court at the end of June.  She argued that it would be premature to support the resolution before that decision was made.  Council Member Evans added that she personally could not support R-17 without first obtaining more balance information.

Council Member Brown urged Council members to adopt the resolution and to take a stand on this issue just as they have on others, such as the death penalty.

Council Member Wiggins asked to add a phrase: “that lead to further oppressions of peoples around the world” to the end of  “Now, therefore, be it resolved…”   Coalition members, Council Member Brown, and Council Member Foy accepted that as an amendment, 

THE MOTION, AS AMENDED, WAS ADOPTED (6-1) WITH COUNCIL MEMBER EVANS VOTING NAY.

A RESOLUTION BY THE CHAPEL HILL TOWN COUNCIL REQUESTING THAT THE UNITED STATES FEDERAL GOVERNMENT REFUSE TO PARTICIPATE IN ANY WORLD TRADE ORGANIZATION  (WTO) NEGOTIATIONS THAT INCLUDE PUBLIC HEALTH CARE, EDUCATION, SOCIAL SERVICES, GOVERNMENT PROCUREMENT, AND ENVIRONMENTAL REGULATIONS (2000-06-12/R-17)

WHEREAS, health care, education, social services, and government procurement are to be included as items of the negotiations at future WTO meetings; and

WHEREAS, the intent of the negotiations is ultimately to restrict the ability of all levels of government to use government procurement to further economic development of our communities; and

WHEREAS, this will multiply the profits of multi-national corporations while drastically reducing the quality and accessibility of health, education, and social services to all Americans; and

WHEREAS, states and municipalities would be bound by the terms of any new WTO agreement covering services and government procurement, while they are not a part of the negotiations; and

WHEREAS, threat of WTO action has already compromised the sovereignty of the State of Massachusetts in not allowing the state to stop purchasing from companies supporting the oppression of the country formerly known as Burma; and

WHEREAS, the United States became a member of the WTO with the adoption of the General Agreement on Tariffs and Trade (GATT) without a full public debate and two-thirds majority in the Senate as required by the Constitution; and

WHEREAS, the WTO is undemocratic, non-transparent, unaccountable, and operates to entrench the rights of corporations while restricting the rights of governments and their citizens without any realistic possibility of appeal;

NOW, THEREFORE, BE IT RESOLVED that the Chapel Hill Town Council immediately requests that the Federal Government refuse to participate in any WTO negotiations that include public health, education, social services, government procurement, and environmental regulations that lead to further oppression of peoples around the world.

BE IT FURTHER RESOLVED that the Council forward a copy of this resolution to its Legislative Delegation to the N.C. General Assembly, the Orange County Commissioners, the Carrboro Board of Aldermen, and the Hillsborough Board of Commissioners and requests that these governments, in turn, forward their concerns to the United States Congress through the Fourth District Congressional Representative and the two North Carolina Senators.

This the 12^th day of June, 2000.

Item 12 - Proposed Process for Acquisition of Open Space

Mr. Horton proposed that the staff prepare a map showing opportunities for purchase of land for the Council’s consideration using the guidelines that the Council had given the staff and the Geographic Information System (GIS).  He suggested presenting this map at the end of the summer and soliciting advice from the Council on what its priority targets would be.  Mr. Horton said that the staff would pursue the possibility of engaging Orange County’s new acquisition specialist to assist with the Council’s priority targets.  If that specialist is not available to help, he said, the Town might engage one or more real estate agents so that the issue would get more regular and professional attention.  Mr. Horton pointed out that this would speed up the process, make better use of open space funds, and enable the Council to give better advice to the staff.

Council Member Bateman asked if having such a process would have made a difference in relation to the property that the Town had been looking at between Homestead Road and the Green Tract.  Mr. Horton replied that if the staff had understood the Council’s priorities sooner and had had someone they could have assigned to that issue, then there would have been a difference.

COUNCIL MEMBER BATEMAN MOVED, SECONDED BY COUNCIL MEMBER FOY, TO ADOPT R-18.  THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

A RESOLUTION AUTHORIZING THE MANAGER TO PREPARE AN ANALYSIS OF UNDEVELOPED LAND IN THE PLANNING JURISDICTION AND A PROPOSAL FOR ACQUIRING LAND IN THE AREAS OF HIGHEST PRIORITY (2000-06-12/R-18)

WHEREAS, the Town Council adopted a set of guidelines in June 1999 as a basis for investigating and recommended land and easement purchases; and

WHEREAS, this set of guidelines targeted community connectivity as the primary goal for acquisition of land with 1996 Open Space Bonds; and

WHEREAS, the Council also noted its desire to preserve entranceway corridors, scenic vistas, environmentally sensitive areas, Resource Conservation District land, community open space and neighborhood open space;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is authorized to prepare an analysis of undeveloped land in terms of its suitability for promoting non-automobile community connectivity and/or preserving, entranceway corridors, scenic vistas, environmentally sensitive areas, Resource Conservation District land, community open space and neighborhood open space.

BE IT FUTHER RESOLVED that the Manager is authorized to prepare a proposal to acquire land, using the services of the County’s land acquisition specialist or those of a real estate professional.

This is the 12^th day of June, 2000.

Item 13 - Follow-up Report on Refuse Truck Replacement

Mr. Horton said that the staff continued to strongly recommend the purchase of a front-end loading vehicle.

Public Works Director Bruce Heflin provided information about the effects of deferring the purchase for one year or longer.  He addressed issues associated with buying a used vehicle, and advised purchasing a new one because it is not wise to operate an industrial fleet without backup.  Putting the old vehicle back into use raises the risk and cost of repairs, Mr. Heflin said, and purchasing a used vehicle would be a gamble.

Council Member Brown asked what would happen to the vehicle if the Town decided not to collect commercial waste.  Mr. Heflin replied that there would be several options: to structure an agreement with a vendor to purchase the equipment; to attempt to sell it on the open market; or, to have a directed purchase arrangement with sealed bids. He expressed confidence that the Town would be able to sell the equipment.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, TO ADOPT R-19.  THE MOTION WAS ADOPTED UNANIMOUSLY (7-0). 

A RESOLUTION ACCEPTING THE BID FOR THE PURCHASE OF A FRONT- LOADING REFUSE TRUCK (2000-06-12/R-19)

WHEREAS, the Town of Chapel Hill has advertised notice of wavier of the formal bid process by legal notice in The Chapel Hill Herald on May 10, 2000, in accordance with G. S. 143-129-G for the purchase of a front-loading refuse truck loader; and

WHEREAS, the following formal bids were received by the City of Greenville, N.C. on February 28, 2000 in accordance with G. S. 143-129: 

Tom Bailey Motors             $132,783.41

Cavalier Equipment                    $136,543.95

Carolina Environmental            $139,840.00

Charlotte Volvo/GMC            $136,622.00

Amick Equipment Co.            $143,643.00

Nu-Life Environmental            $139,167.00

and;

WHEREAS, the bid from Tom Bailey Motors was found to be the lowest bid responsive to the specifications; and

WHEREAS, the Town Council has determined that doing this procurement under G.S. 143-129(g) is in the best interests of the Town;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town implements the wavier of formal bid process in accordance with G. S. 143-129(g) and accepts the offer to sell of Tom Bailey Motors in the amount of $132,783.41

This the 12th day of June 2000.

Item  14 - Appointments to Various Boards

The following appointments were made:

Bicycle and Pedestrian Advisory Board:  Eva Cook Metzger; Dorothy Verkerk.

Board of Adjustment:  Thomas H. Moore.

Chapel Hill Pubic Arts Commission: Lucia Anderson; Lee Butler Bidgood; Raleigh Mann; Herbert Slapo.

Community Design Commission: Terry Byrd Eason; Alice Ingram; Charlotte Newby; Martin Rody.

Parks and Recreation Commission:  Pamela Hemminger.

Planning Board:  Jeanette Gay Eddy.

Transportation Board:  Eleanor Howe; Amy Sayle; Edward Seibert.

Mayor pro tem Pavão explained that only a portion of the possible number of people had been appointed to some of these boards.  He explained that the Council could roll it over to the next meeting or vote again tonight.  Council Member Wiggins suggested rolling it over because there would be more people voting at the next meeting.  Council members agreed to vote for additional members at the next meeting.

Item 15 - Petitions

15a.  By the Mayor and Council members. 

COUNCIL MEMBER BATEMAN MOVED, SECONDED BY COUNCIL MEMBER FOY, TO ASK MAYOR WALDORF TO WRITE A LETTER TO THE UNIVERSITY REITERATING THE TOWN COUNCIL’S POSITION ON THE LOCATION OF THE HORACE WILLIAMS AIRPORT.  THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

The meeting was adjourned at 9:30 p.m.

The minutes from this meeting were adopted on August 28, 2000.

____________________________________

                                                                                    Joyce A. Smith, CMC

                                                                                    Town Clerk