MINUTES OF A MEETING OF THE MAYOR AND COUNCIL OF THE

    TOWN OF CHAPEL HILL, MONDAY, MARCH 26, 1990, 7:30 P.M.

 

Mayor Howes called the meeting to order.

 

Council Members in attendance were Julie Andresen, Joyce Brown, Joe Herzenberg, Nancy Preston, James C. Wallace, Arthur Werner and Roosevelt Wilkerson.  Council Member Alan Rimer was absent excused due to a professional commitment.

 

Ceremonies

 

Mayor Howes read a proclamation recognizing April as fair housing month.

 

Mayor Howes also presented a proclamation to Bruce Chappell, recognizing Civitan for its efforts in the community. Mr. Chappell noted that Civitan is involved in a variety of community projects including assistance to physically and mentally handicapped individuals, the rainbow soccer program, and the adopt‑a‑highway program for a portion of Airport Road. Mr. Chappell encouraged interested parties to become involved in Civitan activities.

 

Council Member Brown introduced Betty Maultsby, representing the Chapel Hill‑Carrboro Earth Day Committee. Ms. Maultsby requested that the Council adopt a resolution proclaiming April 22, 1990 as Earth Day and the week of April 15 through 22 as Earth Week. Ms. Maultsby read the following resolution into the record:

 

CHAPEL HILL‑CARRBORO EARTH DAY 1990 M SOLUTION (90‑3‑2?/R‑1)

 

WHEREAS, human activities are seriously compromising the earth's ability to sustain life as a result of environmental threats, such as global warming, ozone depletion, acid rain, increasing human and pet populations, declining soil fertility, extinction of species, air pollution, water pollution, and earth pollution; and

 

WHEREAS, citizens and community leaders are now recognizing environmental protection and resource conservation to be essential prerequisites to sustained prosperity and environmental well‑being for all living things; and

 

WHEREAS, cities and counties have many critical environmental responsibilities, including land use management, management of transportation systems, solid and liquid waste management, protection of water resources, and much more; and

 

WHEREAS, almost twenty years ago, millions of Americans joined together on Earth Day to express an unprecedented concern for the environment, and their collection action resulted in the passage of the first significant legislation to protect our air, our water and the lands around us; and

 

WHEREAS, citizens and their governments must strongly commit themselves to act to meet the global environmental challenges without delay, and stand together in cities, counties, towns, and villages around the world for a week of collective action to declare our shared resolve for the future;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council endorses April 22 as Earth Day 1990, and declares that April 15‑22, 1990 shall be designated and proclaimed as Earth Week, and that the week shall be set aside for public activities promoting preservation of the global environment.

 

This the 26th day of March, 1990.

 

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO Adopt RESOLUTION 1.

 

Council Member Herzenberg inquired how citizens could become involved with Earth Day and Earth Week. Ms. Maultsby noted that the committee met on Saturday mornings at 10 a.m. Council Member Werner inquired about specific Earth Week and Earth Day activities. Council Member Brown noted that a dance would be held on April 2Oth at 8:30 a.m.

 

Ms. Bloom petitioned the Council to obtain a copy of the Univer­sity's written status report on Horace Williams Airport. Council Member Werner indicated that the matter could be explored at the next meeting of the Coordination and Consultation Committee. Mayor Howes stated that the written status report was in process.

 

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG TO RECEIVE MS. BLOOM'S PETITION AND FORWARD IT TO THE COORDINATION AND CONSULTATION COMMITTEE. THE MOTION WAS ADOPTED UNANIMOUSLY (8‑0)‑

 

Council Member Preston noted that the Flag Committee had met twice to date. Council Member Preston commended the committee members for their rapid progress. Council Member Preston also encouraged the involvement of interested community residents.

 

Mayor Howes stated that Council Member Wallace would serve as Mayor Pro‑Tem designate for the Council's Public Forum on April 2nd. Mayor Howes indicated that he and Mayor Pro‑Tem Preston would be out of Town on April 2nd.

 

Minutes

 

COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER WILKERSON, TO ADOPT THE MINUTES OF FEBRUARY 19TH, AS PRESENTED.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER HERZEN­BERG, TO ADOPT THE MINUTES OF FEBRUARY 26TH, WITH ONE MODIFICATION.

 

THE MOTION WAS ADOPTED UNANIMOUSLY (8‑0).

 

COUNCIL MEMBER WALLACE MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO ADOPT THE MINUTES OF FEBRUARY 27TH, AS PRESENTED. THE MOTION WAS ADOPTED UNANIMOUSLY (8‑0).

 

1990‑91 Proposed Transportation Improvement Program

 

Planning Director Roger Waldon noted that the Town's transportation system is composed of roadways, bikeways, buses, traffic signals, sidewalks, parking, ride‑sharing and land‑use planning. Mr. Waldon stated that the program is comprised of two elements: transit, and highways and bikeways. Mr. Waldon also said that there were four State funding program categories: primary, secondary, urban and transit system management. Mr. Waldon reviewed the proposed project list, showing the locations of individual projects. Mr. Waldon noted that each of the projects had some basis in existing Town policy.

 

Council Member Werner inquired about the limits of the Booker Creek bikeway. Mr. Waldon showed the area on an exhibit map. Council Member Preston inquired about opportunities for community input on the proposed plan. Mr. Waldon indicated that these processes would be discussed within the context of the next agenda item.

 

Council Member Preston inquired how turn storage at Raleigh Road and Country Club Drive would be accommodated. Mr. Small said that removal of on‑street parking or traffic signals changes could be initiated. Council Member Preston asked about radius improvements at Franklin Street and Raleigh Road. Mr. Small stated that designs would prove challenging, given rock walls and related considera­tions. Mr. Small added that a detailed study of the intersection would be needed.

 

Council Member Andresen inquired whether funding for park and ride lots and the bus system had the same source. Mr. Godding stated that surpluses from the operating budget were used for local matches for capital projects.

 

Council Member Wallace cautioned that traffic volumes on Laurel Hill Parkway could perhaps be very heavy.

 

Council Member Werner stated that the proposal for installing many major roads in the southern portion of Town was analogous to installing water and sewer lines in the watershed.  Mayor Howes noted that roadway construction would occur incrementally rather than simultaneously.  Council Member Werner stated that the Council had little control over the timing of State roadway projects.  Council Member Werner stressed the need for a projection of long-term funding of roadway and mass transit projects at the local level, given the increased scarcity of federal funding. Council Member Werner inquired what level of commitment was sought for road design. Ms. Loewenthal stated that the Council was being asked to commit to conceptual design funding this evening.

 

Council Member Andresen said she believed that the widening of U.S. 15‑501 should not top the Council's priority list for roadways.

 

Council Member Wilkerson noted that revenues from bus fares and passes had decreased. Noting that the Town could assess a transit tax of up to ten cents, Council Member Wilkerson inquired whether it would be necessary to raise the tax from its current level of three cents. Ms. Loewenthal said it was very possible that a transportation tax increase would be necessary.

 

COUNCIL MEMBER WILKERSON MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 2, THE MOTION WAS ADOPTED UNANIMOUSLY (8‑0).

 

A RESOLUTION AUTHORIZING SUBMISSION OF THE TOWN OF CHAPEL HILL'S ANNUAL TRANSIT ELEMENT TO THE DURHAM‑CHAPEL HILL‑ CARRBORO TRANSPORTATION ADVISORY COMMITTEE FOR INCLUSION IN THE TRANSPORTATION IMPROVEMENT PROGRAM (90‑3‑26/R‑2)

 

WHEREAS, the Town of Chapel Hill is required to submit an annual transit element to the Durham‑Chapel Hill‑Carrboro Transportation Advisory Committee; and

 

WHEREAS, the Town of Chapel Hill's annual element will be included in the regional Transportation Improvement Program;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby requests that the Transportation Advisory Committee includes the attached Chapel Hill annual transit element to the Transportation Improvement Program for the Dur­ham‑Chapel Hill‑Carrboro Urban Area.

 

This the 26th day of March, 1990.

 

 

Mayor Howes suggested that U.S. 15‑501 be maintained on the priority list for leverage purposes. Council Member Wallace suggested that equal priority be given to a transverse road across northern Chatham County.  Mayor Howes said that Council Member Wallace's suggestion was well taken.

 

Council Member Werner inquired about proposed improvements along the U.S. 15-501 corridor.  Ms. Loewenthal stated that project specifics could be determined at the design phase.  Mayor Howes observed that the State Department of Transportation was attempting to shift U.S. 15-501 to a freeway.  Council Member Andresen suggested the widening of U.S. 15-501, be shifted from priority number one to priority four under the category of Federal Aid Primary Funding. Council Member Wallace noted that the absence of a roadway network in northern Chatham County was a long‑standing problem. Mayor Howes observed that many residents of northern chatham County require access to the Research Triangle Park.

 

COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER HERZENBER­G, TO ADOPT RESOLUTION 3. THE MOTION WAS ADOPTED BY A VOTE OF 6‑ 2, WITH COUNCIL MEMBERS WALLACE AND WERNER VOTING "NO".

 

A RESOLUTION AUTHORIZING SUBMISSION OF RECOMMENDATIONS FROM CHAPEL HILL TO THE NORTH CAROLINA BOARD OF TRANSPORTATION FOR THE NORTH CAROLINA TRANSPORTATION IMPROVEMENT PROGRAM (90‑3‑26/R‑3)

 

WHEREAS, it is the policy of the Town of Chapel Hill to develop a system of major thoroughfares which will provide access to and between major neighborhood centers and which will be integrated with inter‑city movements; and

 

WHEREAS, it is the policy of the Town of Chapel Hill to discourage through traffic on residential streets;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby requests the North Carolina Board of Transportation to include the following road improvements in the state's Transportation Program;

 

A. Federal‑Aid Primary Funding

 

     1.   Construct Park and Ride facility along U.S. 15‑501 at I‑40;

 

     2.   Widen and improve U.S. 15‑501 from Franklin Street to the I‑40 interchange;

 

     3.   Improve and extend frontage roads along U.S. 15‑501 from Franklin Street to the I‑40 interchange;

 

     4.   Widen and improve U.S. 15‑501 from the U.S. 15‑501 Bypass to the Chatham County line.

 

B. Federal‑Aid Secondary Funding

 

     1.   Construct Sage Road Extension from existing Weaver Dairy Road (S.R. 1733) to Erwin Road (S.R. 1734);

 

     2.   Build Laurel Hill Parkway from Smith Level Road to N.C. 54 along a new alignment;

 

     3.   Extend Weaver Dairy Road from Homestead Road to N.C. 86;

 

     4.   Widen and improve Mt. Carmel Church Road (S.R. 1008) from U.S. 15‑501 to the Chatham County line.

 

C.   Federal‑Aid Urban Funding

 

    1.    Widen and improve N.C. 86 from Homestead Road to the I‑40;

 

    2.    Widen existing Sage Road, 2‑lane segment north of U.S. 15‑501;

 

    3.    Widen and improve Weaver Dairy Road from Sage Road Extension to N.C. 86;

 

    4.    Widen and improve Old Durham‑Chapel Hill Road from U.S. 15‑501 to I‑40.

 

D.   Transportation System Management

 

     1.   Improve Franklin/Estes Intersection;

 

     2.   Improve left turn storage at Franklin/Boundary intersection and resignalize;

 

     3.   Improve left turn storage at Raleigh/Country Club intersection and complete radius improvement at Franklin/Raleigh;

 

     4.   Complete radius improvements at various intersec­tions including Franklin/Elliott, Estes/Curtis and Rosemary/Columbia.

 

E.   Bikeways

 

                       PRIMARY PROJECTS

 

     1.   Estes Drive: Widen shoulders from Airport Road to Caswell.

 

     2.   Franklin Street: Widen off‑road bikepath, Hillsbor­ough to Plant Road.

 

     3.   Complete the Bolin Creek Bikeway from Elizabeth Street to Franklin Street.

 

     4.   Old Durham Road: Widen shoulders from Scarlette Road to Pope Road.

 

     5.   Erwin Road: Widen shoulders from U.S. 15-501 to Weaver Dairy Road.

 

     6.   Culbreth Road: Widen shoulders from Smith Level Road to U.S. 15‑501 South.

 

     7.   Erwin Road: Widen shoulders from Weaver Dairy Road to County Line.

 

     8.   Booker Creek Bikeway.

 

     9.   Construct bicycle bridge over Morgan Creek, between Arboretum Drive and Ashe Place.

 

                      INCIDENTAL PROJECTS

 

     1.   South Columbia: Include bikeway in widening project, ByPass to Manning Drive.

 

     2.   Airport Road: Include bikeway in widening project, Homestead Road to I‑40.

 

     3.   u.s. 15‑501 South: Include bikeway in widening project, Morgan Creek to County Line.

 

BE IT FURTHER RESOLVED that the Council continues to endorse and support those projects currently programmed in the North Carolina Transportation Improvement Program, and asks that funding be accelerated. Those projects include:

 

1.   Widening the U.S. 15‑501/N.C. 54 Bypass;

 

2.   Widening S. Columbia Street from Mt. Carmel Church Road/Culbre­th Road to Manning Drive;

 

3.   Constructing bicycle improvements along Weaver Dairy Road between Airport Road (N.C. 86) and Erwin Road and along the Bolin Creek greenway;

 

4.   Purchase and installation of computerized signal system; and

 

5.   Installing train gates on Cameron Avenue.

 

This the 26th day of March, 1990.

 

 

Ms. Loewenthal stated that the adoption of Resolution 4 would authorized Town staff to proceed with projects as directed by the Council on February 27th.  Mr. Small briefly reviewed the three roadway projects discussed at that time.

 

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO ADOPT RESOLUTION 4.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

 

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO NEGOTIATE A DESIGN STUDY CONTRACT FOR IMPROVEMENTS ON SOUTH COLUMBIA STREET, AIRPORT ROAD, AND N.C. 86 (90‑3‑26/R‑4)

 

WHEREAS, the Council has determined that improvements are necessary and/or desired on portions of South Columbia Street, Airport Road, and N.C. 86; and

 

WHEREAS, the study limits and general scop? of services has been identified in a Project Development Summary present?d to the Council on March 26, 1990; and

 

WHEREAS, the findings of the design study will be presented to the Council when completed, for further consideration and action;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to negotiate a design study contract for improvements on portions of South Columbia Street, Airport Road, and N.C. 86 as outlined on the Project Development Summary presented to the Council on March 26, 1990, and to be funded by the proceeds of 1986 Transportation Improvement Bonds.

 

This the 26th day of March, 1990.

 

 

Council Member Andresen expressed concern about pedestrian traffic at Franklin Street and Estes Drive if additional turning lanes were constructed in the future. Council Member Andresen noted that trees are planted at or near intersections in Germany to achieve traffic calming by directing traffic into confined areas. Council Member Preston inquired how the Collier‑Cobb tract would be addressed at Franklin and Estes. Mr. Small indicated that the design consultant could explore various options for intersection improvements.

 

Council Member Werner stressed the need for adequate access to the new library from the intersection of Franklin Street and Estes Drive. Council Member Brown requested exploration of smaller‑scale intersection improvements. Mayor Howes express?d concern about proposed dual left‑turn lanes at Franklin Street and Estes Drive.

 

Council Member Wallace noted that the location of the Texaco station/convenience store complicated proposed intersection improvements.  Council Member Andresen inquired about the possibility of condemning land from the service station.  Ms. Loewenthal noted that the location of underground gasoline storage tanks would complicate this situation.  Council Member Wallace expressed his opposition to the proposed expansion of Estes Drive to four lanes.  Council Member Andresen expressed concern about the proposed endangerment of the Franklin Street/Estes Drive intersection.  Mr. Small said that intermediate options could also be explored.

 

Council Member Preston inquired whether the median at the library entrance on Estes Drive could be reduced. Mr. Small indicated that this was a viable option.

 

Mr. Small showed a vicinity map of the proposed Fordham Boulevard Project. Council Member Preston asked whether landscaping along Fordham Boulevard would be consistent. Mr. Small said yes.

 

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO ADOPT RESOLUTION 5 AS AMENDED. THE MOTION WAS ADOPTED UNANIMOUSLY (8‑0).

 

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO PROCEED WITH FINAL DESIGN OF INTERSECTION A?D ROADWAY IMPROVEMENTS AT ESTES DRIVE A?D FRANKLIN STREET AND ON ESTES DRIVE BETWEEN FRANKLIN STREET A?D BURLAGE CIRCLE (90‑3‑26/R‑5)

 

WHEREAS, the Council has determined that improvements are necessary and/or desired at the intersection of Estes Drive and Franklin Street; and

 

WHEREAS, development of the library/park site adjacent to Estes Drive west of Franklin Street will require roadway improvements on Estes Drive to accommodate increased traffic volumes and to provide ingress/egress for the library/park site; and

 

WHEREAS, the design of the proposed improvements is in progress and is outlined on the Project Development Summary presented to the Council on March 26, 1990; and

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to proceed with development of the final plans and with acquisition of right‑of-­way for improvements at the intersection of Estes Drive and Franklin Street and on Estes drive between Franklin Street and Burlage Circle, as outlined on the Project Development Summary presented to the Council on March 26, 1990, and to be funded by proceeds from the 1986 Transportation Improvement Bonds.

 

This the 26th day of March, 1990.

 

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

 

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO NEGOTIATE A DESIGN STUDY CONTRACT FOR IMPROVEMENTS ON FORDHAM BOULEVARD IN THE VICINITY OF THE EPHESUS ROAD INTERSECTION (90-3-26/R-6)

 

WHEREAS, the Council has determined that improvements are necessary and desired on Fordham Boulevard in the vicinity of the Ephesus Church Road intersection; and

 

WHEREAS, the study limits and general scop? of services has been identified in a Project Development summary presented to the Council on March 26, 1990; and

 

WHEREAS, the findings of the design study will be presented to the Council when completed, for further consideration and action;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to negotiate a design study contract for improvements on Fordham Boulevard in the vicinity of Ephesus Church Road intersection as outlined in the Project Development Summary presented to Council on March 26, 1990, and to be funded by proceeds of the 1986 Transportation Improvement Bonds.

 

This the 26th day of March, 1990.

 

Mr. Small noted that Section I of the Fordham Boulevard Project was four to four and one‑half miles in length. Mr. Small stated that fairly significant landscaping would be needed in the area, coupled with a sound wall bounding the botanical garden.

 

Mr. Richard Soloway, representing the King's Mill/Morgan Creek Homeowner's Association, thanked the Council for following up on the installation of supplementary landscaping on U.S. 15‑501.

 

Council Member Preston inquired about the construction of the sound wall along Fordham Boulevard. Mr. Small said the wall would be constructed of timber and have varying heights. Council Member wallace said the Council was obligated to provide satisfactory landscaping and sound wall boundaries in the area.

 

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO ADOPT RESOLUTION 7. THE MOTION WAS ADOPTED UNANIMOUSLY (7‑0).

 

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE AN ADDENDUM TO THE FORDHAM BOULEVARD MUNICIPAL AGREEMENT INVOLVING EXTRA COSTS TO THE TOWN FOR SUPPLEMENTAL LANDSCAPING ON SECTION I OF THE FORDHAM BOULEVARD IMPROVEMENT PROJECT (90‑3‑26/R‑7)

 

WHEREAS, the Town of Chapel Hill desires to enhance the landscaping in the medians, at the interchanges, and along the perimeter of the Fordham Boulevard Improvement Project now under construction in Chapel Hill; and

 

WHEREAS, the Town has developed supplemental landscaping plans to beautify the project and to provide buffers between the roadway and adjacent improvements; and

 

WHEREAS, the cost of the supplemental landscaping is in excess of the approved State contract for landscaping on this project; and

 

WHEREAS, it is understood that the installation of supplemental landscaping may require the Town to be responsible for landscape maintenance along the roadway, in the median, and at the inter­changes;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council herewith authorizes the Town Manager to execute an addendum to the Fordham Boulevard Municipal Agreement involving extra costs to the Town for supplemental landscaping on Section I of the Fordham Boulevard Improvement Project.

 

This the 26th day of March, 1990.

 

Ms. Loewenthal noted that Resolution 8 would move the site of the pilot entranceway project from the Eastgate area to the vicinity of Brendle's on U.S. 15‑501. Council member Preston inquired about the possibility‑of maintaining the Pilot Project in the Eastgate area. Ms. Loewenthal stated that the project would be planned so it would not be directly impacted by the widening of Fordham Boulevard.

 

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER WILKERSON, TO ADOPT RESOLUTION 8. THE MOTION WAS ADOPTED BY A VOTE OF 7‑1, WITH COUNCIL MEMBER PRESTON VOTING "N0".

 

A RESOLUTION AUTHORIZING A CHANGE IN LOCATION OF THE ENTRANCEWAY PILOT PROJECT (90‑3‑26/R‑8)

 

WHEREAS, on June 27, 1988 the Council authorized the Entranceway Pilot Project to be implemented on U.S. 15‑501 between Ephesus Church Road and Elliott Road; and

 

WHEREAS, there are presently problems associated with landscaping that site and an alternative site on Us. 15‑501 between Sage Road and Eastowne Drive could avoid these problems:

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Entranceway Pilot Project site be moved from Fordham Boulevard between Ephesus Church Road and Elliott Road to U.S. 15-501 between Sage Road and Eastowne Drive.

 

This the 26th day of March, 1990.

 

 

Parking Facility

 

Mr. Horton introduced Michael Hining, Project Architect. Mr. Horton noted that members of the public had commented on the project at various conceptual stages. Mr. Horton stated that Mr. Hining's role had been to interpret these comments and incorporate them into the project design.

 

Council Member Werner inquired about the effect of the Resolution before the Council. Mr. Horton reviewed the proposed project schedule, noting that extensive conceptual planning had preceded project design. Mr. Horton said that construction details would be considered in the future. Mr. Horton indicated that a preliminary traffic impact analysis for the project had recently been completed. Mr. Horton said it might be possible for the project contract award to occur in January, 1991, with project occupancy taking p?ace in January, 1992.

 

Mr. Hining said that the project was still in the schematic design stage, with design details to be explored in the next stage. Mr. Hining reviewed the schematic design and related site detail?.

 

Council Member Wallace said the Council Committee on Parking Lot Number One and Related Matters was pleased with progress on the project to date. Council Member Wallace commended those persons actively involved in the project design.

 

Council Member Brown requested a review of potential solar gains by site location. Mr. Hining reviewed sunlight patterns on the site relative to proposed building locations. Council Member Preston inquired whether the location of recycling ?ins had been discussed. Mr. Hining said yes. Council member Preston asked about the potential for noise problems on top of the parking deck. Mr. Hining stated that the potential for problems existed. Council Member Preston inquired whether trees in the area would serve as a noise buffer. Mr. Hining said the trees would mitigate some of the noise.

 

Council Member Wallace noted the preponderance of the parking deck would be located above ground, with light wells provided to make the deck more desirable. Council Member Preston inquired about signage for indicating parking availability. Mr. Hining said that patrons would be instructed about parking availability via a series of instructional and directional signs.

 

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

 

A RESOLUTION AUTHORIZING PREPARATION OF FINAL SCHEMATIC DESIGNS AND DESIGN DEVELOPMENT FOR A PARKING FACILITY AND PUBLIC PLAZA (90-3-26/R-9)

 

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

 

     (a)  Authorizes the project architect, Michael J. Hining, AIA, to prepare final schematic designs for a parking facility and public plaza, with provision for limited commercial develop­ment, at the site of Parking Lot Number One; and

 

     (b)  Authorizes the project architect to begin design development.

 

This the 26th day of March, 1990.

 

Council Member Herzenberg inquired about the proposed prohibition of left turns onto Rosemary Street. Transportation Planner David Bonk said that the level of service in the area would be improved by encouraging vehicles to turn right to the intersection of Henderson and Rosemary Streets. Council Member Preston inquired whether any parking would be removed from Henderson Street. Mr. Bonk said yes. Council Member Brown inquired about the source of area traffic counts. Mr. Bonk said the counts for existing traffic only were provided by the North Carolina Department of Transporta­tion within the past year.

 

Council Member Werner inquired about traffic impacts at Franklin and Henderson Streets. Mr. Bonk said the impact would be minimal.

council Member Wilkerson asked about possible impacts on North

Street. Mr. Bonk stated that vehicles would likely split usage of

Henderson

 

1990‑91 Housing Operating Budget

 

Housing and Community Development Director Tina Vaughn said that

no additional staff, basic operations and routine maintenance were proposed in the 1990‑91 Operating Budget. Ms. Vaughn noted that the proposed budget met U.S. Housing and Urban Development

guidelines. Council Member Preston inquired how monetary reserves

could be rebuilt. Ms. Vaughn stated that eligibility for tenants was re‑established every twelve months, with some rents being increased at that time.

 

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER WILKERSON, TO ADOPT RESOLUTION 10. THE MOTION WAS ADOPTED UNANIMOUSLY (8‑0).

 

 

A RESOLUTION APPROVING AN OPERATING BUDGET FOR THE LOW RENT CONVENTIONAL HOUSING PROGRAM FOR JULY 1, 1990 THROUGH JUNE 30, 1991 FOR PROJECT NO(S) 46-1, 2, 4, 5, 6, 7, 9 (90-3-26/R-10)

 

WHEREAS, the Manager has submitted a budget for fiscal year ending June 30, 1991; and

 

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

 

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

 

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

 

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

 

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

 

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

 

NOW, THERE?ORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the operating budget as submitted by the Town Manager on April 1, 1990 for the fiscal year ending June 30, 1991.

 

This the 26th day of March, 1990.

 

 

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER HERZEN­BERG TO ADOPT RESOLUTION 11. THE MOTION WAS ADOPTED UNANIMOUSLY (8‑0).

 

A RESOLUTION APPROVING AN OPERATING BUDGET FOR THE LOW RENT CONVENTIONAL HOUSING PROGRAM FOR JULY 1, 1989 THROUGH JUNE 30, 1991 FOR PROJECT NO(S) 46-3 (90‑3‑26/R‑11)

 

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

 

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

 

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

 

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

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approved the operating budget for the fiscal year ending June 30, 199?.

 

This the 26th of March, 1990.

 

 

COUNCIL MEMBER WILKERSON MOVED, SECONDED BY COUNCIL MEMBER WERNER TO ADOPT RESOLUTION 12.  THE MOTION WAS ADOPTED UNANIMOUSLY (8‑0).

 

A RESOLUTION CONFIRMING THAT THE PERSON RESPONSIBLE FOR HOUSING  MANAGEMENT DUTIES HAS BEEN CERTIFIED BY AN APPROVED CERTIFYING AGENCY (90‑3‑26/R‑12)

 

WHEREAS, Tina Vaughn, Director of the Department of Housing and Community Development, has been certified by the National Associa­tion of Housing and Redevelopment Officials as a Public Housing Manager; and

 

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

 

WHEREAS, this person performs housing management duties;

 

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

 

This the 26th day of March, 1990.

 

CIAP Application

 

Ms. Vaughn noted that the CIAP application was due on April 6th. She noted that the Town has received $221,000 of $600,000 requested in 1989‑90. Ms Vaughn noted that 1990‑91 request was in excess of $2 million.

 

COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER WILKERSON, TO ADOPT RESOLUTION 13. THE MOTION WAS ADOPTED UNANIMOUSLY (8‑0).

 

Copy of adopted PHA/IHA Board Resolution as prescribed by the United States Department of Housing and Urban Development is on file in the Town Clerk's Office.

 

Public Housing Occupancy Policy

 

Ms. Vaughn said the two proposed policy changes had been reviewed and approved by the Housing Advisory Board. Council Member Herzenberg inquired about the genesis of the revisions. Ms. Vaughn responded that the changes were initiated by a HUD occupancy review in August, 1989. Council Member Herzenberg asked how many families would be impacted. Ms. Vaughn said three or four. Noting that the program was federally funded, Mayor Howes said he did not like the proposed revision, but stressed the importance of assuring that program guidelines were not abused.

 

COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO ADOPT RESOLUTION 14. THE MOTION WAS ADOPTED UNANIMOUSLY (8‑0).

 

A RESOLUTION ADOPTING A REVISED ADMISSION AND CONTINUED OCCUPANCY POLICY FOR THE PUBLIC HOUSING PROGRAM (90‑3‑26/R‑14)

 

WHEREAS, the U.S. Department of Housing and Urban Development has recommended that the Town of Chapel Hill amend its Admission and Continued Occupancy Policy to reflect federal changes; and

 

WHEREAS, the Town desires to have an Admission and Continued Occupancy Policy that is in compliance with federal regulations;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council amends the Admission and Continued Occupancy Policy for the Public Housing Program in compliance with the U.S. Department of Housing and Urban Development revised rules as follows:

 

1.   Amend page 9 by deleting the following order of tenant selection:

 

     a.   Families who reside or who are employed in Orange County in the following order:

 

          i.   Families paying over 50% of income for shelter (verified)

          ii.  Displayed families as defined in Section I

          iii. Families living in substandard housing

          iv.  Elderly families and then elderly single persons

          v.   Handicapped families and then handicapped single persons

          vi.  Others

 

     b.   Families who reside outside Orange County in the same order as set forth in paragraph (a) above.

 

and substituting the following:

 

     a.   Families who reside or are employed in Orange County in the following order:

 

          i.   Families paying over 50% of income for shelter (veri­fied) in Section I

          ii.  Displaced families as defined

          iii. Families living in substandard housing

 

     b.   Families who reside outside Orange County, in the same order as set forth in paragraph (a) above.

 

     c.   Others who reside or are employed in Orange County in the following order:

 

          i.   Families

          ii.  Elderly families and then elderly single persons

          iii. Handicapped families and then handicapped single persons.

 

     d.   Others who reside outside Orange County in the same order as set forth in paragraph (c) above.

 

2.   Amend page 13 by deleting the following:

 

     If he rejects no more than three such offers, his application shall be moved to the bottom of the list.

 

and substituting the following:

 

     If he rejects two such offers, his application shall be moved to the bottom of the list.

 

This the 26th day of March, 1990.

 

 

Revisions to Public Housing Lease Policy

 

Ms. Vaughn stated that six revisions to the Town's leasing policy were proposed.  ms. Vaughn added that the Housing Advisory Board concurred with all the provisions, except that termination proceedings should be limited to one per year, rather than two.  Council Member Herzenberg asked how many families would be penalized following a two‑per‑year policy. Ms. Vaughn said about ten.

 

Council Member Brown requested that alternatives to pest control spraying be explored. Council Member Wilkerson noted that the staff was requesting administrative authority to enter resident's homes for purposes of pest control. Council Member Brown said she was concerned about specific pest control methods.

 

Ms. Vaughn said that the Town's Risk Manager and the Environmental Protection Agency could provide guidance on this policy. Council Member Werner noted that there were greater risks involved in permitting tenants, rather than a private contractor, to handle pest extermination. Council Member Werner requested that the staff perform a risk assessment relative to pest control in public housing. Council Member Brown said she would provide Ms. Loewenthal with a suggested list of resources for pest control.

 

COUNCIL MEMBER WILKERSON MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO ADOPT RESOLUTION 15. THE MOTION WAS ADOPTED UNANIMOUSLY (8‑0).

 

A RESOLUTION ADOPTING A REVISED LEASE AGREEMENT FOR THE PUBLIC HOUSING PROGRAM (90‑3‑26/R‑15)

 

WHEREAS, the U.S. Department of Housing and Urban Development encourages periodic revisions to public housing Lease Agreements; and

 

WHEREAS, revisions to the Lease Agreement of Chapel Hill's Public Housing Program are necessary;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council adopts a revised Lease Agreement for the Public Housing Program.

 

This the 26th day of March, 1990.

 

Council Member Preston inquired why some tenants chose to use space and kerosene heaters. Ms. Vaughn noted that some tenants pay for their own utilities, including heat. Ms. Vaughn added that thermostats in units for the elderly do not exceed ?4 degrees and do not exceed 72 degrees in other units. Council Member Wilkerson inquired whether it was correct the U.S. Department of Housing and Urban Development prohibited the use of kerosene.  Ms. Vaughn said this was correct.

 

 

University Lake Watershed

 

Council Member Andresen said the process for drafting the two resolutions before the Council began in the spring of last year.  Council Member Andresen stated that negotiations for density had begun with a five-acre minimum recommendation.  Council Member Andresen indicated that some members of the group desired greater density flexibility. Council Member Andresen noted that existing lots of record prior to October 2, 1989 would be grandfathered.

 

Council Member Preston inquired whether there had been any discussion of implementing a limit of 3.3 units per acre as a compromise. Assistant to the Town Manager Greg Feller said that the Camp‑Dresser‑McKee study recommended one‑half acre lots, He noted that a clustering concept had been explored. Council Member Preston inquired about the proposed percentage of impervious surface. Council Member Andresen stated that impervious coverage issues merited further discussion, adding that it might be difficult to accommodate all facilities on minimum lots of two acres or less. Council Member Andresen suggested that a sliding scale for minimum acreage would be a good compromise.

 

Council Member Werner inquired whether two-acre minimum lots could be developed under the terms of grandfathering. Council Member Andresen said yes. Council Member Werner said he thought that wastewater concerns had been addressed in the Camp‑Dresser‑McKee study. Council Member Andresen noted that some of the County commissioners had desired additional study of wastewater matters. Council Member Wilkerson requested clarification whether it was correct that sixty percent of property owners could not build on their lots under the proposed criteria.

 

Orange County Commissioned Don Wilhoit said that no alternative wastewater would be permit prior to the collection of one year's worth of study data. Commissioner Wilhoit suggested that a range of wastewater alternatives should be considered in developing standards for the watershed. Council Member Werner said he thought the committee had discussed alternative wastewater systems and had recommended against their usage. Council Member Andresen stated that this was the Town's position, but a group compromise had been reached to consider alternative systems in the future. Commis­sioner Wilhoit noted that Orange County Planning Director Marvin Collins had developed a model under which impervious coverage of four to six percent had been considered as maximum coverage. Council Member Andresen inquired whether these proposed standards would be applicable to new development. Commissioner Wilhoit responded that a six percent maximum was proposed for new develop­ment. Commissioner Wilhoit added that those unable to meet this standard could appeal to the Board of Adjustment, claiming hardship.

 

Council Member Andresen thanked Commissioner Wilhoit for sharing his views with the Council.  Council Member Andresen urged the Council to adopt Resolutions 17 and 18 so that she and Council Member Rimer could continue their work with the committee.

 

Council Member Werner requested clarification of the term "degradation" as applied in watershed standards.  Mr. Feller responded that the term applied to OWASA analysis of algae growth in reservoirs.

 

Council Member Wallace said that a great deal of work and good will had been put into composing the motions before the Council. Council Member Wallace noted that a variety of details had created a diversion from the key issue of preserving water quality. Council Member Wallace expressed concern that University Lake was vastly overworked. Council Member Wallace noted that copper sulfate is used as an algae growth deterrent at the lake. Council Member Wallace said that the lake could become hypereutrophic in the future if overuse continued. Council Member Wallace stressed that the lives of over fifty thousand persons were impacted by water supplied from University Lake. Council Member Wallace noted that protection of the lake, rather than monitoring of impacts was necessary.

 

COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO ADOPT RESOLUTION 17. THE MOTION WAS ADOPTED BY A VOTE OF 7‑1, WITH COUNCIL MEMBER WALLACE VOTING NO.

 

A RESOLUTION REGARDING AMENDMENT OF THE JOINT PLANNING AGREEMENT AMONG ORANGE COUNTY AND THE TOWNS OF CHAPEL HILL AND CARRBORO (University Lake watershed District) (90‑3‑26/R‑17)

 

WHEREAS, representatives of local governments have discussed since the spring of 1989 how to implement recommendations of Camp Dresser and McKee for protecting the watershed and thereby the water quality of University Lake; and

 

WHEREAS, on October 13, 1989, representatives of governing boards of Orange County and the Towns of Carrboro and Chapel Hill proposed a 13‑point agreement regarding University Lake watershed; and

 

WHEREAS, the proposed 13‑point agreement included provisions for a primary strategy of requiring 5 acres per dwelling unit, but with allowance for a limited number of 2‑acre lots and for development of lots recorded as of October 2, 1989; and

 

WHEREAS, the proposed 13‑point agreement includes a request that OWASA develop a watershed protection fund for purposes such as acquiring rights in particularly sensitive land;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves amendment of the Joint Planning Agreement among Orange County and the Towns of Chapel Hill and Carrboro as follows:

 

Amend the definition of "Rural Buffer" in Section 1.2 Definitions by revising the definition of "Rural Buffer" be deleting the reference to "overlay district designated University Lake Watershed Area" and to define the University Lake Watershed Area as including:

 

* requirement for a minimum of 5 acres per dwelling unit, with up to 5 2‑acre lots (or equivalent overall density) allowed in parcels which were recorded as of October 2, 1989, and allowing development of lots less than 5 acres which were recorded as of October 2, 1989.

 

* impervious surface limits of 4% for 5‑acre lots and cluster developments, and 6? for 2‑acre lots, and

 

* prohibitions on extension of public water and sewer service and on new community alternative wastewater systems; studies are to be completed by April, 1991 on whether to allow community alternative systems outside the most critical area of the watershed,

 

BE IT FURTHER RESOLVED that the Council hereby authorizes the Mayor to execute an amendment to the Joint Planning Agreement on behalf of the Town of Chapel Hill to incorporate the provisions described above,

 

This the 26th day of March, 1990.

 

COUNCIL Member ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER HERZEN­BERG, TO ADOPT RESOLUTION 18. THE MOTION WAS ADOPTED BY A VOTE OF 7‑1, WITH COUNCIL MEMBER WALLACE VOTING NO.

 

A RESOLUTION REGARDING AMENDMENTS TO THE JOINT PLANNING AREA LAND USE PLAN AND MAP (UNIVERSITY LAKE WATERSHED) (90‑3‑26/R‑18)

 

WHEREAS, the Joint Planning Area includes the portion of University Lake watershed which is within Orange County's planning and zoning jurisdiction; and

 

WHEREAS, the Land Use Plan and Map for the Joint Planning Area set forth bases for development regulations; and

 

WHEREAS, the parties to the Joint Planning Agreement have discussed how to implement recommendations of a study of the University Lake watershed by the firm of Camp Dresser and McKee; and held a public hearing on February 28, 1990 on these matters;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel that the Council hereby approves amendments to the Joint Planning Area Land Use Plan and Map as follows:

 

A.   Amend Section II, Natural Environment, by rewriting Subsection B, Water Resources, as described in (A) in portions of the attached pages numbered 14 and 15 from the February 28, 1990 public hearing agenda materials.

 

B.   Amend Section V Joint Planning Operating Principles as described in (B) on the attached page 15 from the February 28, 1990 public hearing materials.

 

C.   Amend Section V Joint Planning Operating Principles as described in (C) on the attached pages 15 and 16 in the February 28, 1990 public hearing materials.

 

D.   Amend Section V Joint Planning Operating Principles by:

 

     rewriting the last sentence of the subsection "Rural Buffer and Conservation" as described in (D) in the attached page 16 of the February 28, 1990 public hearing materials; and deleting the subsection Water Quality Critical Area and substituting a new subsection as follows:

 

The University Lake Watershed Area includes all lands which drain into the University Lake reservoir. Based on a preferred watershed protection strategy of land use controls as recommended by Camp Dresser and McKee in the University Lake Watershed Study, only low density residential uses are permitted at densities not to exceed one unit per five acres of land, with a limited number of 2‑acre lots, and with impervious surface limits including 4% for 5‑acre lots and 6? for 2‑acre lots.

 

E.   Amend Section VI Future Land Use ‑ Joint Planning Area by rewriting the first paragraph of the subsection "The Rural Buffer Area" to read as described in (E) on the attached page 16 of the February 28, 1990 public hearing materials, and replacing the subsection "Water Quality Critical Area" with the following new subsection:

 

 

University Lake Watershed Area

 

The University Lake Watershed Area includes all lands which drain into University Lake reservoir. Based on a preferred watershed protection strategy of land use controls as recommend by Camp Dresser and McKee in the University Lake Watershed Study, only low density residential uses are permitted at densities not to exceed one dwelling unit per five acres of land, with a limited number of 2‑acre lots and with impervious surface limits including 4% for 5‑acre lots and 6% for 2‑acre lots.

 

Rewrite the third paragraph of the subsection "Rural Residential" to read as follows:

 

To the west of Carrboro, Rural Residential development is also expected in University Lake Watershed.  However, only low density residential uses developed at densities of one dwelling unit per five or more acres of land (with a limited number of 2-acre lots) are anticipated.  For this reason, residential development will continue to rely on wells and septic tanks for water supply and sewage disposal. OWASA will be requested to conduct a study of the advisability of making public water services available within the watershed, and will be asked to report to the joint planning jurisdictions by April 30, 1991 on its findings and recommenda­tions. Public sewer will not be extended into the University Lake watershed except to address a public health hazard or upon agreement by all joint planning jurisdictions.

 

F.   Amend Section VII, Overview of Implementation Strategies, by rewriting the last paragraph of the subsection "Sewer and Water Extension Policy" to read as follows:

 

The Orange Water and Sewer Authority (OWASA) is the provider of water and sewer in the Joint Planning Area. OWASA policy is to be guided by the land management plans approved by the governmental units in the area the Authority serves. Public sewer services will not be extended into University Lake watershed, except to address a public health hazard or upon agreement by all j?int planning jurisdictions. OWASA is requested to conduct a study of the advisability of making public water services available within the University Lake watershed, and is asked to report to the joint planning jurisdictions by April 30, 1991 on its findings and recommendations.

 

BE IT FURTHER RESOLVED that the Council hereby authorizes the Mayor to execute amendments to the Joint Planning Agreement on behalf of the Town of Chapel Hill to incorporate the provisions described above.

 

This the 26th day of March, 1990.

 

 

Landfill Search Committee

 

Council Member Preston noted that many of the applicants were very well‑qualified to serve on the committee. Council Member Werner noted that he and Council Member Rimer had recruited Richard Rehm to serve on the committee. Council Member Preston stated that Richard Pratt and Dan VanderMeer were also very well‑qualified.

 

ALL APPLICANTS WERE NOMINATED FOR APPOINTMENT CONSIDERATION ON APRIL 10TH.

 

 

Firearm Regulations

 

Town Attorney Karpinos briefly reviewed his legal opinion to the Council concerning the ownership and sale of firearms within Town limits.  Mr. Karpinos stated that the Town could not prohibit the possession of guns except during a state of emergency.  Mr. Karpinos briefly reviewed existing State and local firearm regulations.  Mr. Karpinos noted that Article 7, Section 1 of State Statutes and the second amendment to the United States Constitution did not permit the prohibition of firearm ownership.  Mr. Karpinos added that the North Carolina Constitution guarantees citizen's rights to bear arms. Mr. Karpinos added that the North Carolina Constitution guarantees broader rights to keep and bear arms than the United States Constitution. Mr. Karpinos concluded his remarks by noting that the North Carolina Constitution prohibits local regulation of firearm sales.

 

Council Member Herzenberg expressed gratitude to Mr. Karpinos for his report. Council Member Herzenberg added that the report was impressive in its scope. Council Member Herzenberg stated that he had received a large number of letters and telephone calls concerning possible local firearm regulations. Council Member Herzenberg noted that he had received a great deal of negative feedback from persons living outside the Town. Council Member Herzenberg noted that in 1968, the Board of Aldermen requested that Town residents turn their firearms in at the Police station.

 

Mayor Howes thanked Mr. Karpinos for his report. Mayor Howes added that additional information might be requested in the future concerning local regulation of firearms.

 

 

Citizen's Computer Bulletin Board

 

Ms. Loewenthal briefly reviewed a proposal by the Public Informa­tion Network Working Group (PINWoG) to implement a citizen's computer bulletin board.  Ms. Loewenthal noted that Resolution 19 would authorize further discussions concerning the proposal.

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 19. THE MOTION WAS ADOPTED UNANIMOUSLY (8‑ 0).

 

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO PROCEED WITH DISCUS­SIONS CONCERNING A CITIZEN'S COMPUTER BULLETIN BOARD SYSTEM (90‑ 3‑26/R‑19)

 

WHEREAS, the Public Information Network Working Group has proposed the establishment of a citizen's computer bulletin board system in the community; and

 

WHEREAS, the Town staff has investigated PINWoG's proposal and found it to be a concept meriting further exploration;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Town Manager to initiate discussions among representatives of the Public Information Network Working Group, Town of Carrboro, Orange County, University of North Carolina, Orange Water and Sewer Authority, Chapel Hill-Carrboro Schools and Town of Hillsborough, to discuss operational and funding alternatives for establishment of a citizen's computer bulletin board.  The Town Manager will furnish a status report on the viability and desirability of the system during the fall of 1990.

 

This the 26th day of March, 1990.

 

 

Downtown Service District

 

Mr. Feller stated that a downtown service district plan had been adopted last year. Mr. Feller noted that seven categories of service were provided in the plan and that no new service categor­ies were proposed. Mr. Feller added that if any new categories were added, it would be necessary to hold a public hearing.

 

Council Member Andresen inquired about the total amount of the downtown service district budget. Ms. Loewenthal responded that the budget would total approximately $40,000.

 

Consent Agenda

 

Council Member Preston requested that item b be removed from the consent agenda, Council Member Herzenberg requested that item f be removed from the consent agenda.

 

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO APPROVE THE CONSENT AGENDA, WITH THE EXCEPTION OF ITEMS B AND F. THE MOTION WAS ADOPTED UNANIMOUSLY (8‑0).

 

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES (90‑3‑ 26/R‑20)

 

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

 

     a.   Renewal of Teen Center lease agreement (R‑21).

 

     b.   Calling a public hearing on unnamed right‑of-­way (R‑22).

 

     c.   Temporary street closing for bicycle race. (R‑23, 0‑1).

 

     d.   Closing of Cameron Avenue for University Commencement (May 13, 1990) (R‑24).

 

     e.   Publication of advertisement regarding delinquent street and sewer assessments (R-25).

 

     f.   Revision to cemetery ordinance (0-2).

 

     g.   Tandler homeownership status report.

 

This the 26th day of March, 1990.

 

 

A RESOLUTION RENEWING A LEASE FOR A PORTION OF THE POST OFFICE/COURT BUILDING FOR USE AS A TEEN CENTER (90‑3‑26/R‑21)

 

WHEREAS, the Council of the Town of Chapel Hill, on February 13, 1989 pursuant to G.S. 160A‑272, authorized the Manager to enter into a lease for a portion of the Post Office/Court Building for a Teen Center; and

 

WHEREAS, the term of said lease was for one year, beginning on April 16, 1989 and ending on April 16, 1990; and

 

WHEREAS, Franklin Street Teen Center, Inc. entered into a lease with the Town for approximately 2400 sq. ft. of space in the basement of the Post Office/Court Building on April 16, 198$ and has requested that the lease be renewed;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves of, and authorizes the Town Manager to enter into, on behalf of the Town, a renewal agreement for the lease to the Franklin Street Teen Center, Inc. of approximately 2400 sq. ft. in the basement of the Post Office/Court Building, at 179 E. Franklin Street, for the operation of a Teen Center, for a term of one year commencing on April 16, 1990, said agreement to contain language substantially the same as contained in the attached lease agreement.

 

This the 26th day of March, 1990.

 

 

A RESOLUTION CLOSING PORTIONS OF EAST FRANKLIN STREET, RALEIGH STREET, CAMERON AVENUE, HENDERSON STREET, AND PICKARD LANE (THE CHAPEL HILL CRITERIUM) (90‑3/26/R‑23)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the closing of:

 

     East Franklin Street between South Columbia Street and Raleigh Street,

 

     Raleigh Street between East Franklin Street and Cameron Avenue,

 

     Cameron Avenue between Raleigh Street and South Columbia Street,d

 

     Henderson Street between East Franklin Street and East Rosemary Street, and

 

     Pickard Lane between East Franklin Street and the driveway to the Lutheran Church;

 

on Saturday, May 5, 1990 from 8:00 a.m. until 7:00 p.m. to allow the holding of the Chapel Hill Criterium and clean-up of the streets following the event.

 

This the 26th day of March, 1990.

 

 

AN ORDINANCE TEMPORARILY REMOVING PARKING FROM PORTIONS OF EAST FRANKLIN STREET AND HENDERSON STREET (THE CHAPEL HILL CRITERIUM) (90‑3‑26/0‑1)

 

BE IT ORDAINED by the Council of the Town of Chapel Hill:

 

That on the 5th day of May, 1990 between the hours of 8:00 a.m and 7:00 p.m. there shall be no parking on:

 

     either side of East Franklin Street between South Columbia Street and Raleigh Street, and

 

     either side of Henderson Street between East Franklin Street and East Rosemary Street.

 

The Police Department of the Town of Chapel Hill is hereby authorized to cover the parking meters on said streets during such hours on said date. The Police Department is further authorized to remove, tow and impound automobiles and vehicles of any kind which are parked on said streets during such hours in contravention of the Ordinance. In light of bicycle racers to be held, the large number of spectators expected, and the need for a public safety staging area, the Council hereby determines that vehicles in the restricted area would constitute a special hazard requiring prompt removal. The owner shall be responsible for and pay storage and moving costs for any vehicle removed pursuant to the provisions of the Ordinance, and the Police Department shall use reasonable diligence to notify the owner of the removal and storage of such vehicle.

 

This the 26th day of March, 1990.

 

 

A RESOLUTION CLOSING PORTIONS OF CAMERON AVENUE (90‑3‑26/R‑24)

 

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

Council hereby authorizes the closing of Cameron Avenue between

Raleigh Street and South Columbia Street on Sunday, May 13, 1990   ‑

from 10:00 B.m. until 5:30 p.m. in order to facilitate traffic and parking operations on the day of the University of North Carolina commencement Ceremony.

 

This the 26th day of March, 1990.

 

 

A RESOLUTION SELECTING THE DATE FOR THE ADVERTISEMENT OF DELINQUENT ASSESSMENT LIENS (90-3-26/R-25)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council directs the Manager to advertise the Town of Chapel Hill delinquent assessment liens in the month of May, 1990 in accord with G.S. 105-369.

 

This the 26th day of March, 1990.

 

 

Council Member Herzenberg suggested that burial‑fees for non­residents of the Town should be increased. Council Member Herzenberg added that he would vote against the ordinance on the basis of cost.

 

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER WILKERSON, TO ADOPT ORDINANCE 2 (CONSENT AGENDA ITEM F). THE MOTION WAS ADOPTED BY A VOTE OF 6‑2, WITH COUNCIL MEMBERS HERZENBERG AND BROWN VOTING N0.

 

 

AN ORDINANCE AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES (90‑3‑ 26/0‑2)

 

BE IT ORDAINED by the Council of the Town of Chapel Hill:

 

                           SECTION I

 

That Section 6‑2 of the Town Code of Ordinances "Required depth of graves; opening and closing graves" is amended by creating a new Subsection 6.2(a) "Grave liners and Vaults" and inserting the following therein in appropriate order:

 

Grave liners or vaults shall be required for all burials, except for cremations, in the Town cemeteries. When personal and/or religious reasons would preclude the use of grave liners or vaults, an interment fee shall be paid to the Town.

 

Grave liners or vaults shall be constructed of concrete or a material of equivalent strength and durability approved by the Town."

 

                          SECTION II

 

That Section 6‑23 of the Town Code of Ordinances "Cost of Grave Space" is retitled "Fees" and is amended by inserting the following:

 

     Fees shall be charged for the purchase of grave and cremation spaces in Town cemeteries. The fees shall be based on the type of space purchased and whether or not the purchaser resides or owns property within the corporate limits of the Town. The fee for cemetery space shall be determined as of the time of purchase; and subsequent extension of the corporate limits or subsequent change in the residence or property ownership status of a purchaser shall not cause an increase or decrease in the fee paid for cemetery space.  The fee for each cemetery space shall be charged for interments which do not include use of a grave liner or burial vault approved by the Town.  The fees hereinabove set forth do not include the costs of opening and closing the spaces.  The cemetery fees shall be according to the current fee schedule resolution adopted by the Town Council.

 

                          SECTION III

 

This ordinance shall be effective on Monday, July 2, 1990.

 

                          SECTION IV

 

All ordinances or portions of ordinances in conflict are hereby repealed.

 

This the 26th day of March, 1990.

 

 

Council Member Preston inquired whether it was premature to close the right‑of‑way, since the property was no longer under contract. Mr. Small said he had spoken to the applicant's representative, Mr. John McCormick. Mr. Small stated that there was not legal reason not to close the right‑of‑way, Council Member Preston said she was bothered by possible future needs for the right‑of‑way. Council Member Preston inquired how property owners would access their property if the closing were to occur. Mr. Small said it would be necessary to subdivide in order to get access.

 

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 22 (CONSENT AGENDA ITEM B). THE MOTION WAS ADOPTED UNANIMOUSLY (8‑0).

 

 

A RESOLUTION CALLING A PUBLIC HEARING ON THE PROPOSED CLOSURE OF A PORTION OF AN UNNAMED RIGHT‑OF‑WAY NORTH OF STEPHENS STREET AND WEST OF AIRPORT ROAD (90‑3‑26/R‑22)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby declares its intent to consider closing a portion of an unnamed, unimproved right‑of‑way adjacent to Lots 12 and 20, Block F, as shown on Orange County Tax Map ?83, which said right-­of‑way is approximately 16 feet wide and 90 feet long, and calls a public hearing at 7:30 p.m. Monday, April 16, 1990 in the Meeting Room of the Town Hall, 306 N. Columbia Street, Chapel Hill, on the proposed closing of said right‑of‑way.

 

BE IT FURTHER RESOLVED that the Interim Town Manager is hereby authorized to arrange publication, posting, and mailing of notices of the hearing as required by law.

 

This the 26th day of March 1990.

 

 

Mayor Howes noted that no report would follow the Executive Session.

 

 

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADJOURN THE COUNCIL MEETING AND MOVE INTO EXECUTIVE SESSION.

 

THE MOTION WAS ADOPTED UNANIMOUSLY (8‑0).

 

The Council concluded its regular meeting and moved into Executive session at 11:45 p.m.