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HomeMy Public PortalAbout11-08-2004 Regular Session . . . d28 Minutes November 8. 2004 Regular Board Meeting Page 1 of 10 Minutes Approved: December 13. 2004 Town of Hill~ ~ gh MINUTES illLLSBOROUGH TOWN BOARD November 8, 2004 7:30 PM, Town Barn The Hillsborough Town Board held a :regular meeting on November 8, 2004 at 7:30 PM in the Hillsborough Town Barn. Present for the Board Meeting were Mayor Joe Phelps, and Commissioners Eric Hallman, Michael' Gering, Brian Lowen, Frances Dancy, and Evelyn Lloyd. Staff present were Town Manager Eric Peterson, Assistant Town Manager/Public Works Director Demetric Potts, Town Clerk Donna Armbrister, Planning Director Margaret Hauth, Finance Director Greg Siler, Town En&ineer Kenny Keel, and Town Attorney Bob Hornik. Mayor Joe Phelps called the meeting to order at approximately 7:30 PM. 1. PUBLIC CHARGE Mayor Phelps did not read the Public Charge, but indicated that it would be adhered to. 2. AUDIENCE COMMENTS REGARDING MATTERS NOT ON THE PRINTED AGENDA There were no audience comments. 3. AGENDA CHANGES & AGENDA APPROVAL Commissioner Hallman requested to add an Item regarding the Transportation Advisory Committee. Mayor Phelps added discussion regarding volunteer boards as Item Q. 4. APPOINTMENTS A. Consider re-appointment of Dani Black to serve a second 2-year Term on the tourism Board as a Restaurant Appointee with a term ending 11-2006 Commissioner Hallman requested attendance information. Upon a motion by Commissioner Gering, seconded by Commissioner Lloyd, the Board re- . . . .129 Minutes November 8. 2004 Regular Board Meeling Page 2 of 10 Minutes Approved: December 13. 2004 appointed Dani Black to serve a second 2-year Term on the tourism Board as a Restaurant Appointee with a term ending 11-2006 by a vote of 5-0. The motion was declared passed. B. Consider appointment of Town.Board Member to serve as Town Representative to the Chapel Hill/Orange County Visitors Bureau Board 7:35:43 PM Commissioner Dancy stated that she has been the Town's Representative and she is willing to continue to serve if the Board wishes. Upon a motion by Commissioner Hallman, seconded by Commissioner Lloyd, the Board moved to reappoint Commissioner Dancy to s~rve as Town Representative to the Chapel Hill/Orange County Visitors Bureau Board by a vote of 5-0. The motion was declared passed. 5. APPROVAL OF THE MINUTES OF THE OCTOBER 11, 2004 REGULAR BOARD MEETING AND THE OCTOBER 11,2004 CLOSED SESSION Upon a motion by Commissioner Dancy, seconded by Commissioner Lowen, the Board moved to approve the Minutes of the October 11, 2004 Regular Board Meeting and the October 11, 2004 Closed Session as presented by a vote of 5-0. The motion was declared passed. 6. REPORT FROM THE TOWN MANAGER 7:37:30 PM Town Manager Eric Peterson updated the Board on a drainage issue on Daphine Drive. 7. REPORT FROM THE TOWN ENGINEER Town Engineer Kenny Keel presented update on current water and sewer projects. 8. ITEMS FOR DECISION - REGULAR AGENDA A. Consideration of an Ordinance amending the Development Regulations to require a Special Use Permit for Cluster Subdivisions 7:46:00 PM Planning Director Margaret Hauth reminded them that the amendments were drafted at the Town Board's request to provide additional guidance and management of subdivisions applying under the cluster standards to help ensure the intent of the Ordinance is met. She stated that the Planning Board discussed this amendment at their November 15t meeting and unanimously recommended approval. Upon a motion by Commissioner Lowen, seconded by Commissioner Dancy, the Board moved to adopt the Ordinance amending the Development Regulations to require a Special Use Permit for Cluster Subdivisions as presented by a vote of 5-0. The motion was declared passed. A copy of the Ordinance Amendment is hert(by incorporated by reference and made a part of these 2 . . . 430 Minutes November 8, 2004 Regular Board Meeting Page 3 of 10 Minutes Approved: December 13,2004 official Minutes as an Attachment. B. Consideration of an Ordinance amending the Zoning Ordinance definition of a Restaurant "C" and allow such restaurants in the Neighborhood Business zone with a Special Use Permit 7:47:55 PM Planning Director Hauth presented the Ordinance Amendment for the Board's consideration. These Amendments allow small scale restaurants to open within the Neighborhood Business district after the issuance of a Special Use Permit. The request was initiated by Sinclair Station, but will apply to all properties zoned NB. Hauth reported that the planning Board discussed this Amendment at their November 1 st meeting and unanimously recommended approval. ' Upon a motion by Commissioner Gering, seconded by Commissioner Hallman, the Board moved to adopt the Ordinance amending the Zoning Ordinance definition of a Restaurant "C" and allow such restaurants in the Neighborhood Business zone with a Special Use Permit as presented by a vote of 5-0. The motion was declared passed. A copy of the Ordinance Amendment is hereby incorporated by. reference and made a part of these official Minutes as an Attachment. C. Consideration of an Ordinance amending the Zoning Ordinance to allow multi-family dwellings in the General Industrial district when the conversion will involve reuse of an historic industrial building with' a Special Use Permit 7:51 :28 PM Planning Director Hauth stated that this amendment will provide an avenue for an applicant wishing to renovate an historic industrial site to residential use. The amendments allow apartment, condominiums, or Itownhomes individually or in any combination. The applicant would have to seek a Special Use Permit from the Planning Board and Town Board and provide documentation on how the project meets the approval findings of fact in addition to the standard criteria. Hauth stated that the Planning Board discussed this amendment at their November 1 st meeting and unanimously recommended approval. Upon a motion by Commissioner Lowen, seconded by Commissioner Lloyd, the Board moved to adopt the Ordinance amending the Zoning Ordinance to allow multi-family dwellings in the General Industrial district when the conversion will involve reuse of an historic industrial building with a Special Use Permit as presented by a vote of 5-0. The motion was declared passed. A copy of the Ordinance Amendment is hereby incorporated by reference and made a part of these official Minutes as an Attachment. D. Consideration of an Ordinance to amend the Hillsborough Zoning Map to rezone 9.896 acres with access to Rencher Street from Residential-40 to Residential-l 0 7:53:17 PM Planning Director Hauth reported that this request was heard at the October Public Hearing. Six neighbors in Cameron Estates and one on Rencher Street spoke against this 3 . . . 431 Minutes November 8, 2004 Regular Board Meeting Page 4 of 10 Minutes Approved: December 13, 2004 proposal. The submitted protest petition was not sufficient to trigger a super majority vote on this request. The Planning Board discussed this request at their November 1st meeting and unanimously recommended approval. Planning Director Hauth reported that as with all general purpose rezonings, a development plan cannot be bound to this request. Any future subdivision plan would be reviewed by both the Planning Board and Town Board with a required neighborhood meeting before the application is considered complete. The subdivisiqn regulations require buffers between developments of different zonings (Orange High School) and lot sizes (Cameron Estates). Hauth stated that this project was not .previously anticipated and was not included in the most recent water capacity analysis. Asswriing 40 single-family homes, the average daily use would be about 8,000 gpd before peaking and water loss. 7:58: 17 PM Applicant, Allen Knight fielded questions from the Board. Commissioner Lowen expressed his c(mcerns with the proposed access coming off of Rencher Street. I 8:03:03 PM Elaine Parker, local business owner, addressed the Board and stated that these homes are extremely close together. She expressed her concerns with the traffic that will be caused by using the proposed access. 8:07:20 PM Maxine Foster, local resident, reiterated Ms. Parker's comments. 8:09:25 PM Debbie Stuart, local resident, stated she would like to see the community stay the same. Commissioner Hallman asked Mr. Knight ifhe would be willing to consider a zoning ofR20. Mr. Knight stated that he did not know. Planning Director Hauth reminded the Board that mobile homes are permitted on any residential lot in town. 8:20:36 PM Commissioner Gering expressed his concerns with the traffic and buffers. He stated that he preferred the R20 zoning with proposed cluster development. 8:21:18 PM Town Attorney Bob Hornik stated that the Board could consider zoning the property to a less dense zoning district, but it is not clear cut how that would work in this instance. The zoning can be "played with" a little bit as long as it doesn't turn it into a new application that is so different than what was originally applied for. That significant of a change could necessitate having to go through the Public Hearing process again. He stated that he was reluctant to say that changing the zoning from RIO-R20 would be something the Board could 4 . . . /~ 3 2 Minutes November 8,2004 Regular Board Meeting Page 5 of 10 Minutes Approved: December 13, 2004 vote on tonight based on the Public Hearing which was held two weeks ago. That is a big enough difference to run a risk of being challenged on it. 8:22:44 PM Mayor Phelps agreed with the traffic and access concerns mentioned. 8:28:37 PM Mr. Knight requested the Board defer action on this request until a later time. 8:29:00 PM Upon a motion by Cominissioner Gering, seconded by Commissioner Lowen, the Board moved to defer decision of this Item indefinitely by a vote of 5-0. The motion was declared passed. E. Consider approval of a Water/Sewer Extension Contract for Willowbend Subdivision Project 8:29:36 PM Town Engineer Kenny Keel presented the Water/Sewer Extension Contract for the Board's consideration and stated that the contract is the Town's basic agreement with some project specific modifications. This project has been approved and needs to have an approved Water/Sewer Extension Contract for .further plan review and construction to proceed. The project is adjacent to existing Town ""ater and sewer, and the extension of lines to serve the -project is straightforward. The Town will incur some minor operation and maintenance costs upon placing these line extensions in ~ervice, however, the cost will be more than offset by the water and sewer billings to the new customers. 8:31:13 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Lloyd, the Board approved the Water/Sewer Extension Contract for Willowbend Subdivision Project as presented by a vote of 5-0. The motion was declared passed. A copy of the Water/Sewer Extension Agreement is hereby incorporated by reference and made a part of these official Minutes as an Attachment. F. Consideration of Change Order Request for Bridge No. 67241 On Exchange Club Park Lane 8:31 :33 PM Assistant Town Manager/Public Works Director Demetric Potts reported that Stone Restoration is requesting a Change Order for labor and materials and related cost to accomplish a full depth replacement of 300 square feet of sidewalk and spandrel support on the superstructure and a six day contract extension on time. Change Order No. 3 increased the Contract fee to $182,059.00 and Change Order No.4 is in the amount of $10,435.00. If approved, the Contract fee will amount to $192,494.00. 8:40:22 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Lloyd, the Board moved to approve Change Order Request for Bridge No. 67241 as presented by a vote of 5-0. The motion was declared passed. A copy of the Change Order Request is hereby incorporated by reference and made a part of these official Minutes as an Attachment. 5 . . . /(33 Minutes November 8. 2004 Regular Board Meeting Page 6 of 10 Minutes Approved: December 13, 2004 , G. Consideration of a Proposal for Professional Services GIS-Link Pavement Condition Survey 8:40:41 PM Assistant Town Manager/Public Works Director Demetric Potts reported that in April of 2004 the Public Works Bepartment staff met with a representative from US Infrastructure of Carolina (USI) to diScuss a proposal for engineering work associated with a pavement condition survey. USI had previously prepared a survey for the Town with the [mal document/report delivered in April 1993. In the Spring/Summer of 2000, interns from the UNC Masters of Public Administration Program performed an assessment of the Town streets and from the data collected, developed a 1 0 Year re-Paving Plan which has been used for direction in street re-surfacing with minor modifications through November 2004. Assistant Town Manager Potts stated that the Public Works staff feels that there needs to be a more comprehensive survey/assessment of the Town streets that will provide additional information to help staff make more informed decisions related to street maintenance. USI has proposed to provide a pavement condition survey which will be linked to the Town's GIS centerline database of all street segments within the Town of Hillsborough owned or maintained by the Town once the GIS database is developed. Deliverables from USI includes an Executive Summary and report that will identify system pavement condition by major distress and street classification (high or low volume). The report will provide Summary Tables contaimng recommended maintenance activities and estimated costs by activity based on unit mainte~ance costs that will be supplied by the Town. USI will provide two copies of a report listing street segments sorted by Pavement Condition Rating priority in addition to an alphabetical street listing of segments. USI will also provide a Microsoft Access query program (USI-TPA) which will allow the Town to sort the master database by PCR, high or low volume, street name, and to generate an estimate of maintenance costs for specific streets, distress types or recommended maintenance. USI will also provide the Town with a digital copy of the final shape file containing completed condition inventory data, PCR, recommended maintenance activities and cost information for our records, along with an electronic copy of the written report. 8:52:39 PM By consensus, the Board authorized staff to proceed with obtaining a new proposal for this work and bring back to them for consideration. H. Receive Update on Transportation Enhancement Program and Consider authorizing Transportation Enhancement Grant Submittal Assistant Town Manager Potts reminded the Board that in April of 2004 the Board of Commissioners authorized staff to submit application for a Transportation Enhancement Grant for the construction of a sidewalk along Nash Street (SR 1156). Total cost for the project was $350,000 of which the Town was required to provide a 20% match ($70,000). 6 . . . /'-34 Minutes November 8. 2004 Regular Board Meeting Page 7 of 10 Minutes Approved: December 13, 2004 He reported that the Town received ;notification on October 8, 2004 that its application for Transportation Enhancement Program - 2004 Call for Projects (Nash Street [SR 1136] Pedestrian pathway/Town of Hillsborough Sidewalk Master Plan) was not selected for funding during the 2004 Call for Projects. Potts requested guidance and direction from the Board on how to handle the 20% match ($70,000) for'the project that had been budgeted. , Commissioner Lowen suggested the fuhding be returned to the General Fund. Commissioner Hallman suggested the money be set aside for a sidewalk plan. Commissioner Gering stated he is anXious to see the sidewalk plan put into action. Gering requested staff bring back a proposal for a sidewalk plan to be implemented within the next 12 months using this $70,000 for the Board to consider. I. Consider setting a schedule for the destruction of old Board Meeting audio recordings 9:00:05 PM Town Clerk Donna Armbrister reported that the Clerk's Office has audio tapes of Town Board meetings going back to 1995 and there is beginning to create a storage space issue. She explained that there is no legal requirement to record the meetings at all, so there is no records and retention to follow for disposal. Armbrister requested guidance from the Board regarding how long the Board would like to see the audio recordings kept. 9:01 :24 PM Town Attorney Bob' Hornik confirmed Armbrister's report of no legal requirement for recording. 9:03:31 PM After a brief discussion~ and upon a motion by Commissioner Dancy, seconded by Commissioner Lowen, the Board moved to direct the Town Clerk to keep audio recordings back to January 1,2001 and to establish disposition schedule of3 years. J. Consider adopting a Memorandum of Agreement with Orange County regarding Planning for the Fairview Park Project and Master Planning for the entire site to Include Locating Public Works Facilities for the Town and County 9:05:28 PM Town Manager Eric Peterson presented the Memorandum of Agreement for the Board's consideration. He stated that approval of a Memorandum of Agreement between the Town and County is necessary to start the Master Planning Process for the site of the Fairview Park, County Parks Operations Base, and the Town and County Public Works Facilities by establishing a Master Plan Committee. Once the planning process is completed, the Memorandum of Agreement then includes the proposed "land swap" between the Town and County to take place to allow for the construction of the new Motor Pool and Public Works Facility. The Memorandum of Agreement has been reviewed by the Town Attorney and Town Manager multiple times in coordination with the County Attorney and the county staff. 9:06:05 PM Town Attorney Bob Hornik stated that there are 3 changes in the Agreement that 7 . . . ,fi. 3 5 Minutes November 8. 2004 Regular Board Meeting Page 8 of 10 Minutes Approved: December 13. 2004 the County adopted last night from what appeared in the Board's agenda packet. He reviewed these changes for the Board. . 9:13:20 PM Upon a motion by Commissioner Dancy, seconded by Commissioner Lowen, The Board moved to approve the Memorandum of Agreement as approved by Orange County and appointed Commissioner Lowen and Mayor Phelps to serve on the Master Plan Committee with Commissioner Lloyd serving as an alternate by a vote of 5-0. The motion was declared passed. K. Receive Information and Update on Police Chief Selection Process Necessitated by Chief Eubanks Retirement in April 2p05 9: 13:55 PM Town Manager Eric Peterson informed the Board that Police Chief Eubanks will be retiring at the end of April 2005 and in order to have a new chief hired and on the job by early June, the process needs to be well under way by December. He stated that he has already been working on various components of the selection process. , Mayor Phelps stated that he would like to see the amount of time that the Town would have an "acting Chief' be as short as possible. . L. Discuss Preparations and Date for FY2006-08 Budgetary Planning Retreat 9:20:30 PM Manager Peterson suggested holding the FY2006-08 Budgetary Planning Retreat on Saturday, February 5th. Mayor Phelps stated that he would check on the availability of the Piedmont Electric Membership Corporation's Conference Room. After a brief discussion and by consensus the Board approved the February 5th date and scheduled the Retreat from 9:00 AM to 2:00 PM, and agreed to have multiple breaks and one facilitator. M. Provide Direction to Staff Regarding Recognition for the Town's Volunteer Board Members 9:24:33 PM Town Manager Peterson announced that our bank can offer us American Express Gift Certificates. The denominations begin at $25 and then go to $50. There is a per certificate charge of $2.50 each and they need to be ordered in advance. The order will take 2-3 weeks to process. Commissioner Dancy recommended using the $25 amount. By consensus, the Board authorized staff to obtain the American Express Gift Certificates in the amount of $25 and prepare a letter for all Town Volunteer Board Members. 8 If 3 ""I ('.' 0 Minutes November 8. 2004 Regular Board Meeting Page 9 of 10 Minutes Approved: December 13. 2004 . 9:27:07 PM ADDED ITEM: Transportation Advisory Committee Commissioner Hallman informed the Board that the Transportation Advisory Committee has grant money available for mitigation areas. Grant requests must be submitted to the TAC by Noon on December 1st. Funding is for issues related to air quality. Commissioner Hallman suggested requesting funding to work with OPT to run a trolley from the Community College through Town and back every 15 minutes throughout the day. By consensus, the Board agreed. 9:31 :54 PM ADDED ITEM: Carillon Retirement Facility Planning Director Margaret Hauth reported that Carillon has received the sign off from the state on the foundation and footings. She believes outstanding issues have been resolved and that the project will move forward. Upon a motion by Commissioner Gering, seconded by Commissioner Lowen, the Board authorized staff to prepare a letter to go to the County outlining what the hardships were if necessary by a vote of 5-0. The motion was declared passed. . 9:37:48 PM ADDED ITEM: Appointment process Mayor Phelps led a discussion regarding volunteer board meeting attendance. N. Discuss Possible "HOT TOPICS" for the November Workshop By consensus, the Board agreed that the "Hot Topics" for the November Workshop would be: -volunteer board appointment process and attendance policy -Oakdale Village project -Former Hines Liner property development proposal -annexation snapshot 9. CLOSED SESSION A. Closed Session as authorized by North Carolina General Statute Section 143- 318.11.(a)(6) to Conduct the Town Manager's Annual Performance Evaluation Upon a motion by Commissioner Lowen, seconded by Commissioner Lloyd, the Board moved to go into Closed Session to Conduct the Town Manager's Annual Performance Evaluation by a vote of 5-0. The motion was declared passed. . Upon returning to Open Session, and upon a motion by Commissioner Lowen, seconded by Commissioner Lloyd, the Board moved to award the Town Manager 3.5% salary increase 9 . . . '137 Minutes November 8. 2004 Regular Board Meeting Page 10 of 10 Minutes Approved: December 13. 2004 retroactive to Sept. I, 2004 by a vote of 5-0. The motion was declared passed. Town Attorney Bob Hornik updated Board on the Robins asphalt lawsuit. He stated that by Thanksgiving, the Town should know whether or not Mr. Robins will appeal the court's decision. Attorney Hornik reported that an appellate brief will be filed this week on the Corbinton Commons lawsuit. Hornik stated that Mediation is scheduled for December 14th for the Colonial Inn lawsuit. 10. ADJOURN Upon a motion by Commissioner Lowen, seconded by Commissioner Dancy, the Board moved to adjourn at 10:33 PM by a vote of 5-0. The motion was declared passed. Respectfully submitted, Donna F. Annbrister, CMC Town Clerk 10 /t38 . AN ORDINANCE AMENDING THE ZONING ORDINANCE AND SUBDIVISION ORDINANCE OF THE TOWN OF HILLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Section 1. Section 3.5 of the Hillsborough Zoning Ordinance is amended by adding the following language: The dimensional requirements established by Section 3.5 of the Zoning Ordinance may be modified with the approval by the Board of Commissioners of a special use permit for a "cluster subdivision" in accordance with Section 4.9 of the Town of Hillsborough Subdivision Ordinance. Applications for special use permits for a "cluster subdivision" shall be subject to the standards and procedures established for special use permits in the Zoning Ordinance, in addition to the standards established for cluster subdivisions in the Subdivision Ordinance. In the event of a conflict between the standards, the more restrictive standard shall apply. Section 2. Section 4.9 ofthe Town of Hills borough Subdivision Ordinance is hereby amended to add the following language to Section 4.9: Notwithstanding any language in the Subdivision Ordinance to the contrary, cluster subdivisions may be permitted by the Board of Commissioners, but only upon the issuance of a special use permit for a cluster subdivision in accordance with Section 3.5 of the Zoning Ordinance. . Section 3. Section 4.9.1 of the Town of Hillsborough Subdivision Ordinance is deleted in its entirety, and the following is substituted in its place: 4.9.1 Intent. Cluster developments are intended to allow flexibility and originality in subdivision design; facilitate the reasonable use and development of land having difficult physical conditions or characteristics or topography, the presence of flood plains, or other unique natural features; to respect the physical qualities of the land; to reduce the overall costs to the public of the development; to preserve open space; and to serve recreational, scenic and other public service purposes. It is the intent of these regulations to permit, as more particularly set forth in the se regulations, variations of the lot and yard dimensional requirements without increasing the density of development of the land provided that the area not included in the proposed lot becomes recreational space or common open space preserved for the benefit of the residents of the subdivision and/or dedicated for public use. Applicants for cluster developments shall submit, together with their preliminary plat application, an application for a special use permit in accordance with Zoning Ordinance Section 3.5 and Zoning Ordinance Sections 4.38 through 4.47. Applications for cluster subdivisions must satisfy all applicable standards of both the Subdivision Ordinance and the Zoning Ordinance before a special use permit for the cluster subdivision may be granted. . Section 4. Section 4.9.5 of the Town of Hillsborough Subdivision Ordinance is deleted in its entirety, and the following is substituted in its place: 4.9.5 Approval of Preliminary Plan for Cluster Subdivision. 439 . An applicant seeking preliminary plat approval for a cluster subdivision must demonstrate that the cluster subdivision meets the following criteria, in addition to the standards established in the Zoning Ordinance for a special use permit: (a) The preliminary plan must clearly identify in narrative form and on the preliminary plan the nature and location of the difficult physical conditions on the property that make the property suitable for cluster treatment. The applicant shall also demonstrate that the property includes "irreplaceable natural features" such as, but not limited to, streams, significant stands of trees, individual trees of significant size and/or species, uncommon plant communities, wildlife habitats and rock outcroppings which will be preserved if the cluster subdivision is approved; (b) Individual lots, buildings, and streets must be designed and situated so as to preserve the "irreplaceable natural features" identified by the applicant and to accommodate, address avoid, or lessen the impacts of the "difficult physical conditions" on the property; (c) Cluster recreation space shall be easily accessible to pedestrians, including the handicapped; (d) If cluster open space is intended to be preserved for scenic value, then the applicant shall demonstrate how the cluster open space advances this intent; (e) The applicant shall demonstrate, how the configuration of the lots on the preliminary plan advance the goal of preserving irreplaceable natural features better than a conventional lot layout would; . (f) Up to one-fourth (1/4) of the land with slopes greater than 15% may be removed or altered only when the removal or alteration of such contours will not adversely affect the design of the subdivision. Section 5. All provisions of any town ordinance in conflict with this ordinance are repealed. Section 6. This ordinance shall become effective upon adoption. The foregoing ord!~ce having been submitted to a vote, received the following vote and was duly adopted this 2iJJ. day of ~ ' 2004. Ayes: 6' Noes: .p- Absent or Excused: ..(;- ~~ Donna F. Armbrister, Town Clerk . 2 . . . .140 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE TOWN OF HILLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Section 1. Section 2. Section 3. Section 4. Section 5. Section 25 of the Hillsborough Zoning Ordinance is hereby amended by deleting the last sentence in the definition of the term "restaurant" and adding the following: Class C restaurants offer seating capacity for 20 persons or less and may offer carry out and/or delivery of food and beverages. Amend Section 304.1, Permitted Use Table, to indicate that "restaurant, C" is a Special Use within the Neighborhood Business district. Add the following as subsection 1 0 in Section 4A8A.f, Specific standards by use, Restaurant: Restaurants proposed in the NB zone shall provide information about their seating capacity, hours of operation, provision of drive-up or delivery service, on-site food preparation, special events offered, and service of alcoholic beverages so the use's compliance with the intent of the Neighborhood Business district. All provisions of any town ordinance in conflict with this ordinance are repealed. This ordinance shall become effective upon adoption. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this 8th day of November, 2004. Ayes: 6' Noes: ~ Absent or Excused: I:J ~~~~L Do a F. Armbrister, Town Clerk . . . /~ 4 .1 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE TOWN OF HILLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Section 1. 0) Section 2. Section 3. Section 4. Section 4.48.4 of the Hillsborough Zoning Ordinance is hereby amended to add the following language in a new subsection "0": Multi-family Residential (in the GI district) a. An applicant may seek approval to convert an existing or former industrial building to multi-family housing if the building fayade will retain sufficient detailing and characteristics as to retain its industrial character. In addition to all other required submittals for special use permits set forth in Section 4.48 of the Zoning Ordinance, applicants seeking a special use permit under this subparagraph must include with their application elevations showing the existing building facade and the proposed building fayade. b. Proposed multi-family dwellings may be any combination of apartment, townhomes, and/or condominiums approved by the Board of Commissioners. c. Application materials shall indicate compliance with the relevant requirements for apartment, townhome, and/or condominium developments as required by this ordinance. d. An applicant may include retail, service, and/or office uses in the permit request which encompass up to 30% of the floor area of the project. e. The Board of Commissioners shall carefully consider the potential impacts on proposed residences of any existing industrial uses in the immediate vicinity and may deny an SUP for multi-family uses if they deem the development incompatible with the existing industrial use. In addition, the Board of Commissioners must consider the potential impact of any other use permitted as of right in the district on the proposed residential use before it may find the proposed use to be compatible with the district. The Board of Commissioners may deny the SUP for multi-family residential use if the Board determines that such use, at the proposed location, would not be compatible with any other use(s) permitted in the district. Section 3.4.1, Permitted Use Table is amended to indicate "dwelling, multi- family," as a special use within the General Industrial district. All provisions of any town ordinance in conflict with this ordinance are repealed. This ordinance shall become effective upon adoption. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this 8th day of November, 2004. Ayes: 6" Noes: ~ Absent or Excused: -I}- ~t1~~ onna F. Armbrister, Town Clerk '~42 . NORTH CAROLINA ORANGE COUNTY TOWN OF HILLSBOROUGH WATER/SEWER EXTENSION CONTRACT THIS CONTRACT is entered into this _ day of , 2004, by and between Hopper Construction (hereinafter the "Developer") and the Town of Hillsborough, a North Carolina municipal corporation (hereinafter the "Town"): WHEREAS, the Developer proposes to extend the Town water and sewer system to serve Willowbend Subdivision (hereinafter the "Project''); and WHEREAS, the Developer has agreed to pay certain costs associated with the proposed extension; and WHEREAS, at its meeting held , 2004, the Hillsborough Town Council authorized the proposed extension subject to execution of this agreement and compliance with its terms; NOW, THEREFORE, the Developer and the Town, and the heirs, successors, and assigns of each of them agree: . (1) Subject to Developer's compliance with the terms and conditions set forth herein, and subject to Developer obtaining any necessary approval from the State of North Carolina or any other agency or authority, the Town will permit the connection of improvements constructed for the above-referenced project to the Town water and sewer systems. a) The Town reserves the right to refuse to allow connection to or use of the Town water and/or sewer system (i) when such connection would cause the Town's system or the operation thereof to be in violation of any applicable state or federal requirement; or (ii) for reasons not known or foreseen by the Town at the time this contract was executed that would create a clear and present danger to the public health or safety. Reasons for refusal to allow connection shall include, but not be limited to, lack of water supply or lack of capacity of one or more components of the water or sewer system. b) The Town's authorization to connect to the Town's water and sewer system under this agreement shall expire if (i) substantial (i.e. more than token) construction of the project has not begun within two years from the date upon which this contract was executed; (ii) after construction begins, construction ceases for a continuous period of at least one year (unless a result of an action by the Town); or (iii) the extension to be constructed pursuant to this contract has not been connected to the Town's system in accordance with the requirements set forth herein within three (3) years from the date upon which this contract was executed. . (2) Nothing in this contract shall be construed as constituting express or implied approval ofthe Project by the Town under any applicable Town zoning, subdivision, or other land use ordinance. . . . /~43 (3) The Developer agrees to comply with or satisfy the following terms and conditions as well as those set forth in Appendix A and acknowledges that the Town's authorization to connect the proposed extension to the Town's system is specifically contingent upon compliance with or satisfaction of the same. If these conditions are not met, the extension agreement will be rendered null and void and the Developer will need to re-negotiate a new contract for extension of service from the Town. A. General Conditions: I. Unless otherwise explicitly and specifically stated, Developer shall bear the costs and expenses of all of the obligations and duties created by this contract, including without limitation, engineering and legal fees incurred by the Town in connection with the proposed extension. 2. The Town will permit the physical connection of the extension to the Town's water or sewer system only after all of the conditions set forth in Sections B and C and any additional conditions appended hereto have been satisfied. 3. The Town shall own and maintain the improvements constructed under this contract after they are dedicated and accepted. However, if within one year of the date that the offer of dedication of the extension constructed pursuant to this contract is accepted, or within one year of the date of completion of all construction for each phase, whichever occurs later, defects in workmanship or materials are discovered in work done pursuant to this contract by or for the Developer, the Developer shall see that such defects are promptly corrected at the Developer's expense. Construction and warranty bonding shall be as required by current Town policies. 4. The Town may make or authorize extensions or connections to or from any of the improvements constructed pursuant to this contract without permission of the Developer. 5. Developer's construction of improvements pursuant to this contract shall not relieve Developer ofthe obligation to pay applicable fees under the Town's water and sewer policies, except as amended by Appendix A. 6. Developer's construction of improvements pursuant to this contract does not affect the Town's policy with respect to the fees to be paid to the Town by property owners other than Developer for connection to the improvements constructed by Developer pursuant to this contract. Nor shall Developer have any right to collect fees from persons connecting onto or extending the improvements constructed under this contract. 7. Water and sewer service which meet minimum State standards will be provided to this development. The Town makes no other warranty as to any particular water quality, quantity or pressure to be provided. 2 . . . 444 8. All fees and charges to be paid pursuant to this contract shall be calculated in accordance with the fee schedule in effect when the fees and charges are paid. 9. This contract may be assigned by the Developer, but such successor or assignee shall obtain no rights hereunder until after it has provided the Town with a written acknowledgment of its obligations and responsibilities under this agreement. However, this contract is specific to the Project described above and any change or alteration in the approved intended use, i.e. residential and commercial development, of such project shall, absent the written consent of the Town, void this contract. 10. The words "line" or "lines" shall include "main or "mains" unless the contract otherwise requires. "Sewer" means "sanitary sewer." 11. This contract shall be deemed made in and shall be construed in accordance with the law of North Carolina. Any dispute between the parties of this agreement may be referred, at the request of the Town, for binding arbitration through the private Adjudication Center at Duke University. B. Pre-Construction Conditions 1. The Developer shall engage a licensed Professional Engineer to prepare plans and specifications for the construction of water improvements and/or sanitary sewer improvements to serve the Project. 2. The Developer shall secure approval of the construction plans by the following agencies or authorities, to the extent applicable: Town Engineer/Utilities Director North Carolina Department of Environment and Natural Resources North Carolina Department of Transportation 3. The Developer shall obtain any necessary encroachment agreements or easements for use of property not owned by the undersigned Developer or project owner. C. Construction Conditions: 1. Unless otherwise provided in this contract, all construction shall be in accordance with Town policy, standards and specifications. a) The Town shall designate the size and type of material for all water and sewer lines. b) All work shall be subject to inspection by the Town. No line may be covered up until such inspection has taken place and if any line or facility is covered up prior to inspection, the Town may require such line or facility to be uncovered or exposed to view at the Developer's expense to facilitate such inspection. 3 . . . 445 c) The Town will require any testing to determine that the work complies with Town standards and specifications. All such testing shall be at the Developer's expense. d) The Developer's Engineer shall provide construction observation. e) An Engineer's representative shall be onsite each day that meaningful work is performed and shall prepare daily logs to be submitted weekly to the Town Engineer. f) All construction shall be performed by a contractor licensed to perform this type of work in North Carolina. g) The Contractor shall have a field superintendent onsite at all times during construction. 2. The Developer shall bear the total cost of all water and/or sewer construction within the Project and the total cost of all water and/or sewer construction required to extend service to the project. D. Post-Construction Conditions: Before the Town will allow water to flow to the project or permit use of the Town sewer system to serve the project, Developer shall: 1. Furnish the Town three printed copies and one electronic copy of the record drawings, together with: a) the contractor's affidavit that the drawings accurately represent the as-built improvements, and b) a certificate of compliance executed by the Professional Engineer of record indicating that work has been performed in substantial compliance with the approved plans and specifications. c) a Contractor's Affidavit and Release of Liens from all subcontractors and materialmen. d) a Warranty from a viable Surety in the name of the Town of Hillsborough for a period of 1 year from the date of completion of all construction for the project. 2. Convey to the Town and record or cause to have recorded in the Orange County Registry all deeds of easement and plats showing all water and/or sewer easements required to serve the project. 4 . . . Lt46 3. Formally dedicate to the Town all physical improvements constructed to serve the project that is the subject of this contract, which improvements shall become part of the Town water and sewer system and will thereafter be owned and maintained by the Town. IN TESTIMONY WHEREOF, the parties hereto have executed this Contract in duplicate originals, as of the day and year first above written. HOPPER CONSTRUCTION TOWN OF HILLSBOROUGH By: Jim Hopper President By: Eric J. Peterson Town Manager ATTEST: ATTEST: Town Clerk Donna F. Armbrister This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. Greg Siler, Finance Director List of Appendices: Appendix A (p. 6 of contract) 5 . . . /1,47 Project: WILLOWBEND SUBDIVISION TOWN OF HILLSBOROUGH WATER/SEWER EXTENSION CONTRACT APPENDIX A Developer agrees to satisfy the following conditions in addition to those set forth in the WATER/SEWER EXTENSION CONTRACT before the Town will permit the connection of improvements constructed for the above referenced project to the Town water and sewer system: 1) The Project shall consist of 1 Phase having 16 new single family residential lots. All capital facilities fees shall be paid prior to construction of the water and sewer utilities. Capital facilities fees shall be charged at the prevailing rate at the time fees are paid. 2) Public water and sanitary sewer facilities for the project may include, but not be limited to, approximately 1,100 LF of 8-inch water main, and approximately 1,500 LF of 8-inch gravity sewer. Minimum 8-inch diameter tie-ins shall be made to the Town's water system at NC Highway 57 and at NC Highway 86. Minimum 8-inch diameter tie-in shall be made to the Town's sewer system at Rencher Street Pump Station. 3) All utilities shall be installed per Town Specifications & Details after the plans are approved by the Town Engineer and applicable State agencies. 6 ..148 . STONE RESTORATION OF AMERICA CHANGE ORDER REQUEST To: David B. Hoff, PE TranSystems Corporation 75 Beattie Place, Suite 400 Greenville, South Carolina 29601 Town of HiIlsborough P.O. Box 429 HiUsborough, NC 27278 Bridge No. 67241 Exchange Park Lane Contract Date: June 14, 2004 . Change: Labor and materials and related cost to accomplish the following 1. Full depth replacement of 300 square feet of side walk and spandrel support on superstructure 2. Six days contract extension time from October 29,2004 Cost: Ten Thousamlfour hundred thirtyfive dollars and 00/100 Prepared by: Stanley Trulove Date: Thursday, October 21,2004 $10,435.00 Accepted by: (signature) (pri",> JDt ?htlf5> Date: 1116 t{)t{ . 2601 WILKINSON BLVD. CHARLOTIE, NC 28208 * 704-697-9909 * fax: 704-697-0996 . . . CHANGE ORDER 449 Order No. 004 Date: October 2l, 2004 Agreement Date: June 14, 2004 Name of Project: Bridge No. 67241 On Exchange Club Park Lane Owner: Town of Hillsborough Contractor: Lambert Holding DBA Stone Restoration of America The following changes and additions are hereby made to the Contract Documents. Add the work as outlined on Attachment No. A for Change Order No. 004. Justification: The extensive sidewalks and superstructure replacements that have occurred. While pictorial documentation was very extensive it was difficult to capture all the areas needing repairs. During the demolition the sidewalk damage continued to the superstructure below and required complete removal. Change to Contract Price: Original Contract Price Contract Price per Change order 003 The Contract Price due this Change Will be Increased by The New Contract Price including this Change Order will be Change to Contract Time: Six (6) Calendar Days New Contract Completion Date: October 28, 2004 Accepted By: Town of Hillsborough Accepted By: Stone Restoration of America John J. Lambert Sf., President Change Order No. 004 $176,759.00 $182,059.00 $ 10,435.00 $192,494.00 Date: Date-LI !0/D~_ Date: