MINUTES OF A MEETING OF THE MAYOR AND COUNCIL OF THE TOWN OF CHAPEL

  HILL, NORTH CAROLINA, MONDAY, AUGUST 27, 1990 AT 7:30 P.M.

 

Mayor Howes called the meeting to order.

 

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

 

Also in attendance were:  Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Planning Director Roger Waldon, Finance Director James Baker and Town Attorney Ralph Karpinos.

 

Ceremonies

 

Joe Hakan, President of the Chapel Hill-Carrboro Downtown Commission, introduced Ed Holsten, the new Executive Director of the Commission.

 

Mayor Howes introduced Richard Williams, the new Chapel Hill General Manager for Duke Power Company.  Mayor Howes said that the Council was looking forward to working with Mr. Holsten and Mr. Williams.

 

Petitions

 

Estelle Mabry thanked the Mayor and Council for addressing the needs of Northside neighborhood residents.

 

R.D. Smith expressed concern that he had difficulty in hearing the cablecast of Council meetings.  Mayor Howes said that he and the Council appreciated Mr. Smith's comment, noting that the Town staff was continuing to address audio and acoustic problems in the Council Chamber and during cablecasting of meetings. 

 

Edwin Caldwell, representing Lincoln Alumni Association, introduced Esther McCauley, President of the Association.  Mr. Caldwell noted that the Lincoln Alumni Association had utilized hotel-motel grant funds received in 1989 to capture a sense of the community's history.  Mr. Caldwell stressed the importance of passing history along to future generations.  He presented three historical photographs and a recognition plaque to Mayor Howes, on behalf of the Lincoln Alumni Association.  Mr. Caldwell thanked the Town for making the grant money available to the association.  Ms. McCauley thanked the Lincoln Alumni Association for their efforts and the Council for the hotel-motel fund grant.  Mr. Smith noted that he began his teaching career at Orange County Training School in 1942.

 

Martha Whittinghill, Chairperson of the Ruth Faison Shaw Memorial Committee, noted that the committee was formed in 1970 adding that the committee periodically sponsored exhibits of Ms. Shaw's paintings at the Morehead Gallery on the University of North Carolina campus.  Ms. Whittinghill stated that eminent domain proceedings for Ms. Shaw's house were begun in April, 1989, and the committee had initiated steps in April, 1990 to acquire the house.  Ms. Whittinghill read the following petition, dated August 6, 1990, into the record of the hearing:

 

     "The Ruth Faison Shaw Memorial Committee requests that it be given Miss Shaw's former home at 112 Estes Drive together with sufficient time to locate land upon which to move the house.  We also request that we be given time to comply with such governmental ordinances as may apply to the establishment of a museum or gallery to honor Miss Shaw."

 

Ms. Whittinghill said that the committee had received a number of offers of assistance to date.  She requested that the Council provide assistance in the Committee's acquiring the Ruth Faison Shaw house.

 

Council Member Preston thanked Ms. Whittinghill for bringing this matter to the Council's attention.  Council Member Preston requested that the Town Manager explore the possibility of maintaining the house on the park and library site.  Ms. Whittinghill noted that the estimated cost to move the house was approximately $50,000.  Council Member Rimer noted that his wife had made an unsuccessful offer in 1970 to purchase the Ruth Faison Shaw House.   

 

COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO REFER ACCEPT MS. WHITTINGHILL'S PETITION AND REFER IT TO THE TOWN MANAGER.  THE MOTION WAS ACCEPTED UNANIMOUSLY (8-0).

 

Ms. Ginger Norfleet, President of the Chapel Hill Rose Society, noted that Mr. F.E. (Gene) Strowd is a nationally-recognized rose expert.  She noted that the over five hundred rose bushes in the Community Center garden were an asset to the Town.  Ms. Norfleet requested that the Council name the garden in Mr. Strowd's honor. 

Council Member Wallace noted that Mr. Strowd was a long-time partner in the Johnson-Strowd-Ward Furniture business.  Council Member Wallace said he strongly endorsed the resolution to name the garden in Mr. Strowd's honor.  Council Member Preston noted that Mr. Strowd had served on the Town's Board of Aldermen between 1955 and 1966.

 

COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER WALLACE TO ADOPT RESOLUTION 0.1.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

A RESOLUTION NAMING THE ROSE GARDEN AT THE CHAPEL HILL COMMUNITY CENTER PARK IN HONOR OF MR. F. E. STROWD (90-8-27/R-0.1)

 

WHEREAS, Mr. F. E. Strowd has faithfully served the Chapel Hill community as a member of civic organizations and administrative boards, through his career as a merchant, and as an exceptionally talented gardener nationally recognized as an authority on roses; and

 

WHEREAS, Gene Strowd established and cared for rose gardens at the Chapel Hill Newspaper, the North Carolina Pharmacy Institute and at a local nursing home in addition to his own garden; and

 

WHEREAS, Gene Strowd organized the Chapel Hill Rose Show and the rose competition at the North Carolina State Fair, and has received the American Rose Society's highest and most prestigious award, the Silver Honor Medal;

 

WHEREAS, Gene Strowd's special love and expertise with roses has at one time or another touched every person in Chapel Hill; and

 

WHEREAS, the Chapel Hill Rose Society has proposed that the Town of Chapel Hill name the Rose Garden at the Community Center in honor of Mr. Fletcher Eugene Strowd;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby names the Community Rose Garden at the Chapel Hill Community Center Park in honor of Mr. F. E. (Gene) Strowd.

 

BE IT FURTHER RESOLVED that the Council authorizes the Manager to have an appropriately styled marker placed at the Rose Garden to designate its naming as The F. E. Strowd Community Rose Garden.

 

This the 27th day of August, 1990.

 

 

Parking Facility and Public Plaza

 

Town Manager Cal Horton noted that the Town staff had worked with Wilbur Smith and Associates to consider a range of financial alternatives for the proposed parking facility on lot #1.  Mr. Horton said that the utilization of $600,000 in accumulated parking reserves was recommended for upfront funding of a portion of the facility's cost.  Mr. Horton added that Professor Michael Miles had provided assistance in the area of potential business development for the public plaza.  He noted that project architect Michael Hining would be providing a refined estimate of project costs this evening.

 

Hollis Loveday of Wilbur Smith and Associates said his firm had completed a feasibility study concerning the need for a parking facility in downtown Chapel Hill.  Mr. Loveday said his study concluded that such a project was feasible based on current and projected future parking needs.  He also briefly reviewed the proposed parking rate schedule and said the facility could be self-supporting within one to two years.  Mr. Loveday concluded by noting that construction of the facility was justified on the basis of downtown parking needs. 

 

Council Member Brown inquired whether anticipated self-sufficiency of the facility took into account operation and maintenance costs.  Mr. Loveday said this was correct.   Council Member Brown inquired how other parking lots in the downtown area would be impacted by the new facility.  Mr. Loveday said that his firm had taken a conservative approach in judging that most persons using the lots would not choose to walk further than one or two blocks.  Council Member Brown requested a clarification of financial projections for the parking facility.  Mr. Loveday said that break even was anticipated after less than two years of operation.

 

Professor Michael Miles said he had evaluated whether the proposed project would work logistically.  Mr. Miles said it was important to examine a number of key objectives including the need for a vibrant downtown, the quality of the fit into the downtown area and adjoining businesses, and potential self-sufficiency of the project.  Mr. Miles said a number of possible uses for the plaza had been suggested including:  movie theaters, restaurants, office buildings, high-end or discount retail shops or miniature golf.  Mr. Miles said that none of these alternatives were obvious choices. 

 

Mr. Miles noted that the concept of developing a center for artists had been discussed extensively.  Mr. Miles said it was important that such a center draw people downtown, be consistent with the Town's image, have synergy with the University of North Carolina, and not subsidize existing competition.  Mr. Miles noted that such an effort would be difficult to coordinate, would not be likely to be financially self-supporting, and would require extensive support by the community in order to prosper.  Council Member Werner noted that Mr. Miles had volunteered his time to work on this project.

 

Michael Hining, project architect, briefly reviewed cost estimates for the project, noting a net increase of about $8,000 to $4,054,929, since the last estimate on June 6, 1990.  Mr. Hining noted that additional costs (approximately $100,000) were attributable to the cost of rock excavation on the site, and added that the estimated cost of site work had decreased by approximately $143,000 since the last estimate to the Council.  Mr. Hining said that fees for the project had increased by $40,000 and costs for lighting of the public plaza had increased by $30,000.  Council Member Preston inquired whether the cost of a model of the project were included in the total project cost.  Mr. Hining said no, adding that such a model would cost approximately $9,000. 

 

Mr. Horton said that parking facility and public plaza was financially feasible to construct, based on conservative assumptions of revenue receipts.  Mr. Horton added that if the Council approved funding for the project this evening, they could also act on the project's special use permit and construction drawing approval. 

 

Council Member Werner inquired whether it was correct that bonds would not be used to pay for costs of the public plaza.  Mr. Horton said this was correct, adding that funds for the plaza would be used to purchase amenities such as furniture, trees and paving materials.  Council Member Werner asked whether it was possible to postpone funding of the public plaza.  Mr. Horton noted that the top of the parking facility could be built without any amenities.  Council Member Werner expressed his preference for voting on the parking facility and public plaza separately.  Council Member Werner added that time was of the essence in considering this matter.

 

Council Member Brown inquired about operating costs for the plaza and asked how they would be funded.  Mr. Horton said that there was no estimate of these costs available, since the character of the plaza was undetermined.  Mr. Horton stated that excess parking revenues would be used for operating costs.  Council Member Brown noted that the cost of the original facility were in the range of $2.5 to $2.8 million.  Mr. Horton stated that these cost estimates did not include a public plaza or other amenities.  Council Member Brown inquired how cost overruns would be addressed.  Mr. Horton said that the Town staff was responsible for maintaining project costs within initial spending limits. 

 

Council Member Preston inquired about the level of bond issuance expenses.  Finance Director James Baker stated that debt service cost in the first year of operation would be approximately $400,000.  Council Member Preston inquired about the difference between debt service costs and capitalized interest costs.  Mr. Baker stated that interest costs that accumulated between the time of bond issuance to the time of project completion would be capitalized.  Mr. Baker noted that debt service and capitalized interest costs were included in the total project cost of $4.4 million.

 

Mayor Howes noted that Council Member Werner had earlier suggested separating the parking facility and public plaza for individual votes.  Council Member Wallace said the effect of this was to facilitate voting for the parking deck and against the public plaza.  Council Member Wallace said he felt this was unnecessary.  Council Member Brown said she objected to construction of the facility, noting the Town's commitment to reducing the use of single-occupant vehicles, reducing pollution problems, and using transit funding for mass transportation and bicycle lanes.  Council Member Brown said construction of the facility was a narrow, short-range transportation policy and that a broader long-range policy was needed.  Council Member Herzenberg said the greatest need was to reduce commuter traffic, and that he found it hard to imagine that people would use park and ride lots to go downtown to see movies and shop.  Council Member Brown suggested that the Town offer incentives and disincentives to encourage greater usage of park and ride lots.

 

Council Member Werner asked what decisions were being made concerning the public plaza by allocating a fixed amount of funding.  Mr. Horton said that a tentative budget for amenities would be provided, setting an upper financial limitation.  Council Member Werner inquired whether the Council was committing to any specific option.  Mr. Horton said no.  Council Member Werner inquired what the $500,000 in funding would be used for.  Mr. Horton responded that the funds would be used to complete the public plaza amenities.  Mr. Hining added that commercial facilities could be accommodated at a later date on the plaza, if the Council desired.  Council Member Werner inquired whether any options would be precluded.  Mr. Hining said no.  Council Member Wallace said that the addition of a public plaza would be a qualitative addition to the parking facility.  Council Member Wallace said the plaza would make the project more meaningful.  Council Member Wallace expressed his strong support for the transfer of funds to move ahead with completion of the plaza. 

 

COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT ORDINANCE 1.1, AS AMENDED.  THE ORDINANCE WAS ADOPTED BY A VOTE OF 7-1, WITH COUNCIL MEMBER BROWN VOTING NO.     

AN ORDINANCE TO AMEND "THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1990 (90-8-27/O-1.1)

 

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled "An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 1990", as adopted on June 11, 1990, being the same is hereby amended as follows:

 

                           ARTICLE I

 

                      Current                          Revised

APPROPRIATIONS        Budget   Increase    Decrease    Budget

 

Parking Facilities

Bond Fund

  Transfer to Parking

  Project Ordinance

  Fund                  0          0                      0

 


Church Street Parking

Facilities Fund

  Transfer to Parking

  Project Ordinance

  Fund                  0      100,000                 100,000

 

                          ARTICLE II

 

                      Current                          Revised

REVENUES              Budget   Increase    Decrease    Budget

 

Parking Facilities

Bond Fund

  Fund Balance          0          0                      0

 

Church Street Parking

Facilities Bond Fund

  Fund Balance          0      100,000                 100,000

 

This the 27th day of August, 1990.

 

 

COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT ORDINANCE 1.2, AMENDED.  THE ORDINANCE WAS ADOPTED BY A VOTE OF 7-1, WITH COUNCIL MEMBER BROWN VOTING NO.

 

AN ORDINANCE TO AMEND THE PROJECT ORDINANCE FOR A PARKING FACILITY (90-8-27/O-1.2)

 

BE IT ORDAINED by the Council of the Town of Chapel Hill that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, that the capital project ordinance for the Parking Facility and Public Plaza is amended as follows:

 

                           SECTION I

 

The project authorized is the construction of 315 parking spaces and a public plaza on Town-owned land known as Parking Lot Number One and the adjacent parking area and lawn at the rear of the Old Post Office, in the one hundred block of East Rosemary Street.

 

                          SECTION II

 

The Manager of the Town of Chapel Hill is hereby directed to proceed with the project within the terms of Resolutions 89-7-10/R-7 and Resolution 89-11-30/R-5, authorizing the Manager to take various actions in connection with the project, and consistent with the budget contained herein.

 


                          SECTION III

 

Revenue anticipated to be available to complete the project are amended as follows:

 

                      Current                          Amended

                      Budget    Increase   Decrease    Budget

 

Bond Proceeds        3,500,000  960,000              4,460,000

 

Transfer from Parking

Facilities Funds        0       100,000                 100,000

 

Interest Earnings       0       195,000                 195,000

 

          Total       3,500,000                       4,755,000

 

                          SECTION IV

 

Amounts appropriated for the project are amended as follows:

 

                      Current                          Amended

                      Budget     Increase  Decrease    Budget

 

Architect/Engineer

  Fees             $  235,000      40,000              275,000

Surveys and Techni-

  cal Services          65,000                           65,000

Construction         2,700,000   100,000           2,800,000

Sitework                0        356,000              356,000

Bond Issuance

  Expenses             500,000   104,000              604,000

Capitalized Interest    0        535,000              535,000

Rock Removal            0        100,000              100,000

Miscellaneous           0         20,000              20,000

 

          Total     $3,500,000                       4,755,000

 

 

                           SECTION V

 

Copies of the amended project ordinance shall be entered into the minutes of the Council and filed with the Manager, Finance Director, and Clerk.

 

This the 27th day of August, 1990.

 

 

COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT ORDINANCE 1.3.  THE ORDINANCE WAS ADOPTED 7-1, WITH COUNCIL MEMBER BROWN VOTING NO.

 

AN ORDINANCE TO AMEND "THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1990 (90-8-27/O-1.3)

 

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled "An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 1990", as adopted on June 11, 1990, being the same is hereby amended as follows:

 

                           ARTICLE I

 

                      Current                          Revised

APPROPRIATIONS        Budget   Increase    Decrease    Budget

 

Parking Facilities

Bond Fund

  Transfer to Parking

  Project Ordinance

  Fund                  0      175,000                 175,000

 

Church Street Parking

Facilities Fund

  Transfer to Parking

  Project Ordinance

  Fund                100,000  320,000                 420,000

 

                          ARTICLE II

 

                      Current                          Revised

REVENUES              Budget   Increase    Decrease    Budget

 

Parking Facilities

Bond Fund

  Fund Balance          0      175,000                 175,000

 

Church Street Parking

Facilities Bond Fund

  Fund Balance         100,000 320,000                 420,000

 

This the 27th day of August, 1990.

 

 

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER WILKERSON, TO ADOPT ORDINANCE 1.4.  THE ORDINANCE WAS ADOPTED 7-1, WITH COUNCIL MEMBER BROWN VOTING NO.

 

AN ORDINANCE TO AMEND THE PROJECT ORDINANCE FOR A PUBLIC PLAZA (90-8-27/O-1.4)

 

BE IT ORDAINED by the Council of the Town of Chapel Hill that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, that the capital project ordinance for the Parking Facility and Public Plaza is amended as follows:

 

                           SECTION I

 

The project authorized is the construction of 315 parking spaces and a public plaza on Town-owned land known as Parking Lot Number One and the adjacent parking area and lawn at the rear of the Old Post Office, in the one hundred block of East Rosemary Street.

 

                          SECTION II

 

The Manager of the Town of Chapel Hill is hereby directed to proceed with the project within the terms of Resolutions 89-7-10/R-7 and Resolution 89-11-30/R-5, authorizing the Manager to take various actions in connection with the project, and consistent with the budget contained herein.

 

                          SECTION III

 

Revenue anticipated to be available to complete the project are amended as follows:

 

                      Current                          Amended

                      Budget    Increase   Decrease    Budget

 

Transfer from Parking

Facilities Funds      100,000   495,000                595,000

 

 

Town Manager Horton requested that agenda item number 5b be incorporated into the record of the hearing.

 

Planning Director Roger Waldon said that the proposed parking facility and public plaza addressed many of the goals in the Town's Comprehensive Plan.  Mr. Waldon stated that approval of the special use permit was recommended.

 

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

 

Council Member Herzenberg noted that he had initially voted for a parking facility in the area in 1979 adding that his neighborhood continued its strong support of the project. 

 

COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO APPROVE RESOLUTION 1A.  THE MOTION WAS ADOPTED BY A VOTE OF 7-1, WITH COUNCIL MEMBER BROWN VOTING NO.

 

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE ROSEMARY STREET PARKING FACILITY AND PUBLIC PLAZA (SUP-80A-10) (90-8-27/R-1a)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the development proposed by Michael J. Hining, repre­senting the Town of Chapel Hill, on property identified as Chapel Hill Township Tax Map 80A, Lots 10 and 12, if developed according to the Site Plan dated April 23, 1990 and the conditions listed below would:

 

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

 

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

 

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

 

4.   Conform with the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.

 

These findings are conditioned on the following:

 

1.   That construction begin by August 27, 1991 (one year from the date of the Council approval) and be completed by August 27,  1992 (two years from the date of the Council approval).

    

2.   That a study of existing storm drainage facilities be undertaken and findings presented before a final stormwater management plan is submitted to the Town Manager for approval.

 

3.   That the final utility plans be approved by OWASA, Duke Power, Carolina Cable, Public Service Gas, and Southern Bell, and the Town Manager before issuance of a Zoning Compliance Permit.

    

4.   That a detailed landscape plan, landscape maintenance plan, and lighting plan be approved by the Appearance Commission, Historic District Commission, and Town Manager prior to issuance of a Zoning Compliance Permit.

    

5.   That a Landscape Protection Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

 

6.   That a soil erosion and sedimentation control plan be approved by the Orange County Erosion Control Officer before issuance of a Zoning Compliance Permit.

 

7.   That final plans to be approved by the Town Manager before issuance of a Zoning Compliance Permit (detailed site plan, utility plan, work zone traffic control plan, solid waste management plan, lighting plan, grading and stormwater management plan with hydrologic calculations, fire flow report, and traffic control plan) conform to the approved preliminary plans and demonstrate compliance with the above conditions and the design standards of the Development Ordinance and the Design Manual.

 

8.   That the applicant take appropriate measures to prevent the deposit of wet or dry silt on adjacent paved roadways.

 

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

 

10.  If any of the above conditions is held invalid, this approval shall be void.

    

BE IT FURTHER RESOLVED that the Council hereby approves the application for the Rosemary Parking Facility Special Use Permit in accordance with plans and conditions listed above.

 

This the 27th day of August, 1990.

 

Town Manager Horton said the Council's concurrence in approving construction drawings for the project was being requested.

 

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER WALLACE, TO  APPROVE RESOLUTION 1.1.  THE RESOLUTION WAS ADOPTED BY A VOTE OF 7-1, WITH COUNCIL MEMBER BROWN VOTING NO.

 

A RESOLUTION AUTHORIZING PREPARATION OF CONSTRUCTION DRAWINGS FOR A PARKING FACILITY AND PUBLIC PLAZA (90-8-27/R-1.1)

 

BE IT RESOLVED that the Council of the Town of Chapel Hill authorizes preparation of construction drawings for a parking facility and public plaza at the side of Parking Lot Number One; the construction drawings shall conform with conditions of the special use permit as approved by the Council.

 

This the 27th day of August, 1990.

 

Proposed Development Ordinance Text Amendments

 

Planning Director Roger Waldon stated that a number of revisions to the Development Ordinance were being suggested to the Council.  Mr. Waldon added that each of the items was time-sensitive and an extra hearing on October 1st was being requested.  Mr. Waldon said that Resolution 2A concerned the designation of a new low-density zoning district, Resolution 2B concerned a text amendment for duplexes, and Resolution 2C concerned a historic district statute reference.  Council Member Herzenberg requested that Resolution 2B be amended to include single-family residences with many bedrooms.  Mr. Waldon said that Resolution 2D concerned the potential alteration of plat language concerning bonding of facilities.  Council Member Preston requested that Resolution 2A be amended to allow for discussion of zoning of a parcel on NC 54 currently zoned for neighborhood commercial uses.  Town Attorney Karpinos said this action could be accomplished by approval of a separate motion.

 

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO ADOPT RESOLUTION 2A.  THE RESOLUTION WAS ADOPTED UNANIMOUSLY (8-0).

 

A RESOLUTION TO CHANGE THE DATE OF PUBLIC HEARINGS ON AMENDING THE DEVELOPMENT ORDINANCE REGARDING CREATION OF A NEW LOW DENSITY ZONING DISTRICT AND ON A ZONING ATLAS AMENDMENT (90-8-27/R-2a)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby changes the date of Public Hearings that it called to consider amending the Development Ordinance to create a new, low density residential zoning district which would include a minimum lot size between what is currently established with the Residen­tial-1 and Residential-2 zoning districts and to consider a Zoning Atlas amendment for The Oaks Villas, located in the Durham County portion of the Town's limits, to this new zoning designation.  On July 9, 1990 the Council called the Public Hearings for October 15, 1990. 

 

BE IT FURTHER RESOLVED that the date of these Public Hearings is changed to 7:30 p.m., Monday, October 1, 1990 in the Council Chamber at Town Hall, 306 North Columbia Street, Chapel Hill.

 

BE IT FURTHER RESOLVED that the Council hereby refers this matter to the Planning Board for recommendations to be presented at the October 1, 1990 Public Hearing.

 

This the 27th day of August, 1990.

 

COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 2A.1.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

A RESOLUTION CALLING A PUBLIC HEARING CONCERNING THE ZONING OF A PARCEL OF LAND ADJACENT TO THE STANCIL PROPERTY (80-8-27/R-2a.1)

 

BE IT RESOLVED BY the Council of the Town of Chapel Hill that the Council hereby calls a Public Hearing for 7:30 p.m., Monday, October 1, 1990 in the Council Chamber at Town Hall, 306 North Columbia Street, Chapel Hill, to discuss the zoning of this.

 

This the 27th day of August, 1990.

 

 

COUNCIL MEMBER WILKERSON MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO ADOPT RESOLUTION 2B, AS AMENDED.  THE RESOLUTION WAS ADOPTED UNANIMOUSLY (8-0).

 

A RESOLUTION CALLING A PUBLIC HEARING ON AMENDING THE DEVELOPMENT ORDINANCE REGARDING REGULATIONS FOR TWO-FAMILY STRUCTURES (90-8-27/R-2b)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby calls a Public Hearing for 7:30 p.m., Monday, October 1, 1990 in the Council Chamber at Town Hall, 306 North Columbia Street, Chapel Hill, on amending the Development Ordinance to change the regulations for  one and two-family structures.

 

BE IT FURTHER RESOLVED that the Council hereby refers this matter to the Planning Board for recommendations to be presented at the October 1, 1990 Public Hearing.

 

This the 27th day of August, 1990.

 

 

COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 2C.  THE RESOLUTION WAS ADOPTED UNANIMOUSLY (8-0).

 

A RESOLUTION CALLING A PUBLIC HEARING ON AMENDING THE DEVELOPMENT ORDINANCE REGARDING HISTORIC DISTRICT STATUTORY REFERENCE (90-8-27/R-2c)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby calls a Public Hearing for 7:30 p.m., Monday, October 1, 1990 in the Council Chamber at Town Hall, 306 North Columbia Street, Chapel Hill, on amending the Development Ordinance to change the Historic District statutory reference.

 

BE IT FURTHER RESOLVED that the Council hereby refers this matter to the Planning Board for recommendations to be presented at the October 1, 1990 Public Hearing.

 

This the 27th day of August, 1990.

 

 

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO ADOPT RESOLUTION 2D.  THE RESOLUTION WAS ADOPTED UNANIMOUSLY

(8-0).

 

A RESOLUTION CALLING A PUBLIC HEARING ON AMENDING THE DEVELOPMENT ORDINANCE REGARDING CERTIFICATES OF IMPROVEMENTS FOR SUBDIVISION PLATS (90-8-27/R-2d)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby calls a Public Hearing for 7:30 p.m., Monday, October 1, 1990 in the Council Chamber at Town Hall, 306 North Columbia Street, Chapel Hill, on amending the Development Ordinance to change the Certificate of Improvement on subdivision plats being prepared for recordation at the Register of Deeds Office.

 

BE IT FURTHER RESOLVED that the Council hereby refers this matter to the Planning Board for recommendations to be presented at the October 1, 1990 Public Hearing.

 

This the 27th day of August, 1990.

 

 

Solid Waste Collection Alternatives

 

Town Manager Horton said that a staff report on service options for solid waste collection would be presented to the Council on September 24th, with a public forum tentatively scheduled to occur on October 16th.  Council Member Rimer stressed the need for adequate time to put together a measured response to concerns of the public.  Council Member Rimer suggested that a longer time frame be employed for consideration of solid waste collection alternatives.  Council Member Brown stated that citizens should be actively involved in efforts to reduce waste and she suggested that the public forum be broadened to include a discussion of waste volume reduction.  Council Members Werner and Rimer concurred that additional time was needed for the consideration of solid waste matters. 

 

Mayor Howes expressed concern about the narrow focus of the proposed October 16th public forum.  Mayor Howes said Council Member Brown's point was well-taken, since larger issues would also require exploration.  Council Member Preston inquired whether three weeks was a long enough period for good dialogues to occur prior to the public forum.  Council Member Rimer responded that the Town would be well-served by drafting a small scale comprehensive plan for solid waste.  Council Member Rimer said that the public needed to have a forum on broader solid waste issues and perspectives.  Mayor Howes noted that Council Members Brown and Rimer would continue solid waste planning discussions with the Town staff.

 

Council Meeting Schedule

 

Mr. Horton noted two corrections to proposed meeting dates:  February 11th instead of February 12th and June 24th instead of June 25th.  Mr. Horton also said that Council retreats were proposed to occur on October 13, 1990 and January 12, 1991.  Mayor Howes said that the additional retreat would provide the Council with an opportunity to provide their perspectives to Mr. Horton, the Town's new manager.  Council Member Wallace said he concurred with this observation, but regretted that he would be unable to attend the October 13th retreat due to a previous commitment.  Council Member Rimer requested that the staff provide both a listing and calendar of future meetings.  Mr. Horton said this would be provided to the Council.

 

COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT RESOLUTION 4.  THE RESOLUTION WAS ADOPTED UNANIMOUSLY

(8-0).

 

A RESOLUTION SCHEDULING RETREAT MEETINGS, ADOPTING A CALENDAR FOR

DEVELOPING THE 1991 BUDGET AND 1991‑1996 CAPITAL IMPROVEMENT PROGRAM, AND DESIGNATING CERTAIN DATES IN 1991 FOR MEETINGS OF THE COUNCIL IN ADDITION TO REGULAR BUSINESS AND ZONING/DEVELOPMENT PUBLIC HEARING MEETINGS (90‑8‑27/R‑4)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby schedules Council Retreat meetings for Saturday, October 13, 1990 and Saturday, January 12, 1991.

 

BE IT FURTHER RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the following timetable for developing the 1991‑92 budget, 1991‑96 capital improvements program and 1991 Community Development grant application:

 

                                                COMMUNITY DEVEL-                           CAPITAL IMPROVE-    OPMENT GRANT

DATE        OPERATING BUDGET  MENTS PROGRAM      APPLICATION

 

February 4  Public Forum for Public Forum for  Public Hearing

            citizens' comments citizens' comments on Community

            on preparing the on preparing the  Development (CD)

            1991-92 Budget   Capital Improve-  needs and ob-

                              ments Plan for    jectives.

                              1991-96.

 

            Work Session on  Work Session on

            goals and ob-    goals and ob-

            jectives for     jectives for

            1991-92 Budget   1991-96 Capital

                              Improvements Plan.

February 11 Human Services

            Advisory Board

            presents report

            on Human Services

            Needs to the

            Council.

 

March 4     Manager's Interim Preliminary Capital

            Report on 1991-92 Improvements Program

            Budget submitted presented to the

            to the Council.  Council, referred to

                              advisory boards.

 

                                                COMMUNITY DEVEL-                           CAPITAL IMPROVE-    OPMENT GRANT

DATE        OPERATING BUDGET  MENTS PROGRAM      APPLICATION

 

March 19    Public Forum for Public Forum for  Public Hearing

(Tuesday)   comments on In-  citizens' comments on Manager's Re-  terim Report on and Advisory      commended Com-  1991-92 Budget.   Boards' recommen-  munity Devel-

                              dations on Pre-   ment grant ap-                        liminary Capital  plication.

                              Improvements

                              Program.

 

April 22    Manager's Recom- Manager's Recom-  Council considers

            mended 1991-92   mended CIP sub-   CD application

            Budget submitted mitted to the

            to the Council.  Council.

 

May 6       Public Hearing on

            Recommended 1991-

            92 Budget; Trans-

            portation ser-

            vices and pass/

            fare prices. Human

            Services Advisory

            Board makes recom-

            mendations on con-

            tracting for ser-

            vices.

 

            Work Session on

            1991-92 Budget.

 

(To be de-  Additional Work

termined)   Session on budget

            as needed.

 

May 28      Consideration of Adoption of CIP   Approval of Com-(Tuesday)   1991-92 Budget.  and Project Ordi- munity Develop-                             nances            ment grant ap-                                           plication.

 

June 24    Copies of Adopted Copies of Adopted

            Budget distribu- CIP document dis-

            ted to the       tributed to the

            Council.         Council.

 

 

 

 

 

BE IT FURTHER RESOLVED by the Council of the Town of Chapel Hill that the Council hereby designates the following dates in 1991 for additional meetings as needed for public forums, hearings, work sessions, etc.:

 

April 1 and 29

June 3

September 30

October 7

 

Except as otherwise noted above or hereafter otherwise specified by the Council, meetings held pursuant to this resolution shall begin at 7:30 pm.

 

This the 27th day of August, 1990.

 

 

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT ORDINANCE 2.  THE ORDINANCE WAS ADOPTED UNANIMOUSLY

(8-0).

 

AN ORDINANCE  RESCHEDULING CERTAIN MEETINGS OF THE COUNCIL IN 1990 AND 1991 (90‑8‑27/O‑2)

 

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Council hereby amends the 1991 schedule of regular meetings under Section 2‑3 of the Town Code as follows:

 

1990

 

RESCHEDULE December 10 meeting to December 11.

 

1991

 

RESCHEDULE February 18 meeting to February 19.

 

RESCHEDULE March 11 meeting to March 4.

 

RESCHEDULE September 9 meeting to September 10.

 

RESCHEDULE November 11 meeting to November 13.

 

RESCHEDULE December 9 meeting to December 2.

 

This the 27th day of August, 1990.

 

Calling Northside Neighborhood Land Use Amendment Hearing

 

Planning Director Roger Waldon noted that the Town staff was requesting that the Council call a public hearing on October 1, 1990 to discuss possible conservation measures for the Northside community.  Council Member Herzenberg requested that the staff bring back substantive recommendations for the Council's consideration.

 

COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO ADOPT RESOLUTION 5.  THE RESOLUTION WAS ADOPTED UNANIMOUSLY

(8-0).

 

A RESOLUTION CALLING A PUBLIC HEARING TO CONSIDER AMENDING CHAPEL HILL'S 1986 LAND USE PLAN TO DESIGNATE NORTHSIDE A NEIGHBORHOOD CONSERVATION AREA (90-8-27/R-5)

 

WHEREAS, the Northside neighborhood is an older, established neighborhood adjoining the Town Center that is experiencing development pressures; and

 

WHEREAS, the Northside neighborhood has a single-family residential environment that is worthy of protection and conservation;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council calls a public hearing for October 1, 1990 at 7:30 p.m. in the Council Chamber, 306 N. Columbia Street, to consider an amendment to the Chapel Hill 1986 Land Use Plan to designate the Northside neighborhood as a neighborhood conservation area as shown on the attached map.

 

BE IT FURTHER RESOLVED that the Council hereby refers this matter to the Planning Board for recommendations to be presented at the October 1, 1990 public hearing.

 

This the 27th day of August, 1990.

 

 

Introduction of Bond Orders

 

Town Manager Horton noted that the Council was being asked to consider whether to introduce bond orders for library, open space and transportation improvements.  Mayor Howes said he felt it was appropriate to proceed in this manner.  Mayor Howes requested that the Manager provide the Council with an assessment of the latest financial situation.

 

Council Member Brown inquired about the proposed scope of the hearing.  Mayor Howes said the hearing was an opportunity for citizens to comment on whether the Town should issue bonds for the proposed projects.

 

COUNCIL MEMBER PRESTON MOVED TO INTRODUCE THE PROPOSED BOND ORDER.  HER MOTION WAS SECONDED BY COUNCIL MEMBER HERZENBERG.  RESOLUTION 6 WAS ADOPTED UNANIMOUSLY (8-0).

 

A RESOLUTION CALLING PUBLIC HEARING ON BOND ORDERS, DIRECTING PUBLICATION OF NOTICE OF PUBLIC HEARING AND FILING OF DEBT STATEMENT (90-9-27/R-6)

 

WHEREAS, the bond orders entitled BOND ORDER AUTHORIZING THE ISSUANCE OF $3,000,000 OF GENERAL OBLIGATION BONDS OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA TO PAY THE CAPITAL COSTS OF CERTAIN LIBRARY FACILITIES; BOND ORDER AUTHORIZING THE ISSUANCE OF $2,400,000 GENERAL OBLIGATION BONDS OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA TO PAY THE CAPITAL COSTS OF PROVIDING PARKS AND RECREATIONAL FACILITIES; and BOND ORDER AUTHORIZING THE ISSUANCE OF $3,600,000 GENERAL OBLIGATION BONDS OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA, TO PAY THE COSTS OF PROVIDING STREET, SIDEWALK, BRIDGE REPLACEMENT, BIKEWAY, PAVING AND RELATED IMPROVEMENTS (collectively, the "Bond Orders") have been introduced at the meeting of the Council of the Town of Chapel Hill, North Carolina held on August 27, 1990 and the Council of the Town of Chapel Hill desires to provide for the holding of a public hearing on the Bond Orders and the submission of a statement of debt in connection therewith as required by The Local Government Bond Act;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill, North Carolina as follows:

 

     Section 1.  The public hearing with respect to the Bond Orders shall be held on the 10th day of September, 1990, at 7:30 o'clock p.m., in the Council meeting room in the Town Hall in Chapel Hill, North Carolina.

 

     Section 2.  The Town Manager is hereby directed to cause copies of the Bond Orders to be published with a notice of such public hearing in the form prescribed by law in a qualified newspaper no fewer than six (6) days prior to such public hearing.

 

     Section 3.  The Town Manager is hereby directed to file with the Town Clerk of the Town of Chapel Hill prior to publication of the Bond Orders with the notice of said public hearing, a statement setting forth the debt incurred, the appraised value of property subject to taxation by the Town of Chapel Hill, North Carolina and a net debt of the Town of Chapel Hill, North Carolina.

 

This the 27th day of August, 1990.

 

 

Regional Sports Authority

 

Town Manager Horton said that the City of Raleigh was evaluating the feasibility of baseball and football franchises.  Mr. Horton said that the resolution before the Council this evening only called for further discussion of the concept on a regional basis.  Mayor Howes noted that due to her absence, Council Member Andresen had given the Mayor a note saying she was not in favor of providing any financial support for such a project.  Council Member Wallace noted that he would vote to discuss the concept of a regional authority despite it being rampant gargantuanism.

 

COUNCIL MEMBER WALLACE MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 7.  THE RESOLUTION WAS ADOPTED UNANIMOUSLY (8-0).

 

A RESOLUTION REGARDING DISCUSSION OF FORMING A REGIONAL SPORTS AUTHORITY (90-8-27/R-7)

 

WHEREAS, the Town Council of Chapel Hill recognizes that our community is part of a region commonly identified as "the Triangle"; and

 

WHEREAS, local governments in the Triangle area have long recognized the value of a regional approach to issues which transcend their own jurisdictions; and

 

WHEREAS, the North Carolina General Assembly has enacted enabling legislation which provides for the creation of regional sports authorities; and

 

WHEREAS, a regional sports authority is the logical vehicle to promote the Triangle area as a site for national and international sporting events; and

 

WHEREAS, the Triangle area is a potential location for some of the 1994 World Cup soccer matches; and

 

WHEREAS, interest has been expressed in the Triangle area as a potential location for a National Football League franchise; and

 

WHEREAS, it is in the best interests of the region that the various local governments join together in promoting the region as a location for various sporting activities; and

 

NOW, THEREFORE, BE IT RESOLVED by the Town Council of Chapel Hill that the Council hereby expresses its support for discussion of forming a regional sports authority, and encourages the Regional Sports Task Force to continue with its study of issues involved.

 

This the 27th day of August, 1990.

 

 

Amendment to Council Procedures Manual

 

Council Member Preston said it was logical to include the Mayor in a quorum of the Council.

 

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

 

A RESOLUTION AMENDING THE TOWN COUNCIL'S PROCEDURE'S MANUAL TO PROVIDE THAT THE MAYOR SHALL COUNT IN DETERMINING THE PRESENCE OF A QUORUM AT COUNCIL MEETINGS (90-8-27/R-8)

 

BE IT RESOLVED by the Council of the Town of Chapel hill that Section I Meetings, Paragraph C Meeting Procedures, subparagraph 2. Quorum is hereby rewritten to provide as follows:

 

     "2.Quorum.  Five members of the Council are necessary for a quorum.  The Mayor is counted in determining whether a quorum is present.  Each Council Member is asked to notify the Mayor if he or she will be absent."

 

This the 27th day of August, 1990.

 

Request for Temporary Noise Ordinance Amendment

 

Mr. Horton noted that any events with decibel levels exceeding sixty decibels required a modification of existing noise ordinance provisions.  Mr. Horton said he recommended denial of this request, since the site of the event was near a residential area and Sunday afternoons have traditionally been a time of expected quiet in residential neighborhoods.

 

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER WILKERSON, TO ADOPT ORDINANCE 3, GRANTING THE REQUEST FOR A NOISE EXEMPTION. 

 

Council Member Preston inquired whether it was necessary for music to be played constantly between 2:00 and 6:00 p.m.  Joel Bulkley, the applicant for the exemption, said this could be modified to

2-5  or 3-6 p.m.  Council Member Rimer noted that noise levels at Apple Chill and Festifall regularly reached seventy-five and eighty decibels, yet these events were approved without delay. 

 

Council Member Brown said there was a need to discuss the modification request further, since noise pollution could cause problems for neighbors of the event.  Mayor Howes inquired how decibel levels for Town-sponsored events were handled.  Mr. Horton noted that Town events were exempted from standard noise provisions.  Council Member Wallace inquired about the maximum limit for noise in the Town.  Mayor Howes said the upper limit was seventy-five decibels.  Council Member Herzenberg said Council Member Brown's observation about the concerns of "He's Not Here" neighbors was well taken.  Council Member Brown inquired how much time was needed for the event.  Mr. Bulkley said a total of three hours was needed.

 

ORDINANCE 3 WAS ON THE FLOOR FOR A VOTE.  THE ORDINANCE FAILED ON FIRST READING, BY A VOTE OF 5-3, WITH COUNCIL MEMBERS BROWN AND PRESTON AND MAYOR HOWES VOTING NO.

 

Council Member Preston placed a substitute motion on the floor, amending the event time frame, to have bands playing between 2:15 to 3:15 p.m. and 3:45 to 4:45 p.m.

 

COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT ORDINANCE 3, AS AMENDED.  THE ORDINANCE WAS ADOPTED UNANIMOUSLY (8-0). 

 

AN ORDINANCE AMENDING CHAPTER 11 OF THE TOWN CODE OF ORDINANCES REGARDING NOISE CONTROL FOR AN EVENT TO BE HELD ON SUNDAY, SEPTEMBER 9, 1990 BETWEEN 2:00 AND 5:00 P.M. (90-8-27/O-3)

 

WHEREAS, the sponsor of the event, Joel Bulkley, is proposing to hold an event at He's Not Here on Sunday, September 9, 1990  to raise funds for a political candidate; and

 

WHEREAS, a change in Chapter 11 of the Town Code of Ordinances regarding the time during which a permit to use sound amplifying equipment outdoors and to exceed the normal sound levels, would be required to approve this request; and

 

WHEREAS, the sponsor has proposed the event at a time and date in order to minimize the impact on the Town;

 

NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill that Chapter 11 of the Town Code of Ordinances is hereby amended as follows:

 

                           SECTION I

 

AMEND Section 11-39 (d) (3) as follows:

 

(3) Daytime/Evening sound levels in excess of sixty (60) dB(A) will be permitted upon the issuance of a permit and allow sound levels exceeding those set above as follows:

 

Sunday                              75 dB(A)

(2:15 pm- 3:15 pm and 3:45- 4:45 pm)

 

                          SECTION II

 

Section I of this Ordinance shall be effective only on September 9, 1990 between 2:00 p.m. and 5:00 p.m., after which, times in the previously adopted Ordinance shall again become effective.

 

This the 27th day of August, 1990.

 

 

 

 

 

 

Nominations

 

All applicants to the Orange County Economic Development Commission, Historic District Commission and Noise Committee were nominated for appointment consideration at the Council's September 10, 1990 meeting.

 

Annual Reports

 

Mr. Horton said he would be happy to review any items in the report at any time desirable to Council Members.  Mayor Howes noted that the report provided data for the entire fiscal year.  Mr. Horton said that citizens could obtain copies of the Annual Report at the Town Hall or Library.  Council Member Herzenberg noted that ridership on Town buses was up 18% in comparison to last year.

 

Consent Agenda

 

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO ADOPT RESOLUTION 10, APPROVING THE CONSENT AGENDA AS PRESENTED.  THE RESOLUTION WAS ADOPTED UNANIMOUSLY (8-0).

 

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES 

(90‑8-27/R‑10)

 

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.Technical clarification of annexation zoning designation (O-4).

 

     b.Festifall arrangements (R-11, O-5).

 

     c.Cab and chassis bid (R-12).

 

     d.   Landfill compactor bid (R-13).

 

     e.Backhoe loader bid (R-14).

 

     f.   Botanical Garden street closing (R-15).

 

     g.Calling mat and seal hearings (R-16, 17, 18, 19, 20, and 21).

 

     h.Bond Counsel (R-22).

 

This the 27th day of August, 1990.

 

 

 

 

 

AN ORDINANCE ZONING NEWLY ANNEXED LAND - AREA 1 (90-8-27/O-4)

 

WHEREAS, the Council of the Town of Chapel Hill has adopted an ordinance to annex property described as Annexation Area 1 identified on the attached map; and

 

WHEREAS, the Council has considered appropriate zoning designations for this property in the context of surrounding land uses and zoning, and in the context of Chapel Hill's Comprehensive Plan;

 

NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill that zoning be assigned to the above-mentioned property as designated on the attached corrected map.

 

This the 27th day of August, 1990.

 

 

A RESOLUTION TEMPORARILY CLOSING PORTIONS OF WEST FRANKLIN STREET BETWEEN MALLETTE STREET AND GRAHAM STREET, AND ROBERSON STREET BETWEEN FRANKLIN STREET AND ROSEMARY STREET (FESTIFALL '90) (90-8-27/R-11)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby directs the closing of West Franklin Street between Mallette Street and Graham Street, and Roberson Street between Franklin Street and Rosemary Street, on Sunday, October 7, 1990 or October 14, 1990, from 10:30 a.m. to 8:00 p.m., effectively blocking Kenan Street and Roberson Street, as they intersect with Franklin Street, to allow the holding of the Festifall Fair and cleanup of the street following the Fair.

 

This the 27th day of August, 1990.

 

 

THE ORDINANCE TEMPORARILY REMOVING PARKING FROM PORTIONS OF WEST FRANKLIN STREET BETWEEN MALLETTE STREET AND GRAHAM STREET, AND ROBERSON STREET BETWEEN FRANKLIN STREET AND ROSEMARY STREET (FESTIFALL '90) (90-8-27/O-5)

 

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

 

That on the 7th or 14th day of October, 1990, between the hours of 12:30 p.m. and 8:00 p.m., there shall be no parking on either side of West Franklin Street between Mallette Street and Graham Street, nor on either side of Roberson Street between Franklin Street and 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 this Ordinance.  In light of the large number of pedestrians expected in the Street Fair 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 of 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 27th day of August, 1990.

 

 

A RESOLUTION AWARDING A BID FOR THE PURCHASE OF A CAB AND CHASSIS EQUIPPED WITH A REAR-LOADING PACKER BODY (90-8-27/R-12)

 

WHEREAS, the Town of Chapel Hill solicited formal bids by legal notice in The Chapel Hill Newspaper on July 15, 1990, in accordance with G.S. 143-129 for a Cab and Chassis equipped with a rear-loading packer body, and

 

WHEREAS, the following bids were received and opened on July 31, 1990:

 

                             Cab &      Rear-Load       Total       Vendor                       Chassis    Packer Body       Bid

 

Quality Equip. Supply Co         No Bid     $ 19,500            $ 19,500

 

Sanco/Heil                  No Bid       19,655          19,655

 

Simpson Equipment Co.       No Bid       19,999         19,999

 

Cavalier Equipment Co.      No Bid       21,225          21,225

 

North State Ford             $ 35,615  No Bid         35,615

 

Cardinal Int'l. Trucks        36,396     No Bid          36,396

 

Central White GMC            37,610     No Bid         37,610

 

 

 

 

Complete Units:

 

Quality Equip.    (Alt. #1)    35,452    19,500        54,952

  Supply Co.      (Alt. #2)    37,471      19,500         56,971

 

NOW, THEREFORE, BE IT RESOLVED  by the Council of the Town of Chapel Hill that the Town accepts the bids of North State Ford for a cab and chassis in the amount of $35,615 and Simpson Equipment Company for a rear-loading packer body in the amount of $19,999 for a total unit cost of $55,614.

 

This the 27th day of August, 1990.


 

 

A RESOLUTION AWARDING A BID FOR THE PURCHASE OF ONE (1) LANDFILL COMPACTOR (90-8-27/R-13)

 

WHEREAS, the Town of Chapel Hill solicited formal bids by legal notice in The Chapel Hill Newspaper on July 15, 1990, in accordance with G.S. 143-129 for a Landfill Compactor, and

 

WHEREAS, the following bids were received and opened on July 31, 1990:

 

Vendor                        Unit Price     Trade-In     Net Cost

 

E.F. Craven Company, Inc.    $ 208,420      $ 40,000    $ 168,420

 

Gregory Poole Equip. Co.            229,534        20,000      209,534

 

Vendor                        Unit Price     Trade-In     Net Cost

 

A.E. Finley & Assoc.           252,882        22,000       230,882

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town accepts the bid of E. F. Craven Company, Inc. in the amount of $168,420 for a Landfill Compactor in accordance with G.S. 143-129.

 

This the 27th day of August, 1990.

 

 

A RESOLUTION AWARDING A BID FOR THE PURCHASE OF ONE (1) BACKHOE LOADER (90-8-27/R-14)

 

WHEREAS, the Town of Chapel Hill solicited formal bids by legal notice in The Chapel Hill Newspaper on July 15, 1990 in accordance with G.S. 143-129 for a Backhoe Loader, and

 

WHEREAS, the following bids were received and opened on July 31, 1990:

 

Vendor                        Unit Price     Trade-In     Net Cost

 

Case Power & Equipment       $ 35,929       $ 4,500      $ 31,379

 

N.C. Equipment Co.              36,914        3,500        33,414

 

R.W. Moore Equipment Co.             37,103        3,500        33,603

 

 

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town accepts the bid of Case Power & Equipment Company in the amount of $31,379 for a Backhoe Loader in accordance with G.S. 143-129.

 

This the 27th day of August, 1990.

 

 


A RESOLUTION TEMPORARILY CLOSING PORTIONS OF LAUREL HILL ROAD (LABOR DAY OPEN HOUSE AT THE NORTH CAROLINA BOTANICAL GARDEN) (90-8-27/R-15)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the closing of Laurel Hill Road between Fordham Boulevard and Coker Drive on Monday, September 3, 1990, from 7:00 a.m. till 5:00 p.m., to allow safer pedestrian movement for visitors to the North Carolina Botanical Garden's Labor Day Open House, and clean-up following the event.

 

This the 27th day of August, 1990.

 

 

A RESOLUTION CALLING A PUBLIC HEARING ON THE PRELIMINARY ASSESSMENT ROLL FOR MAT AND SEAL IMPROVEMENTS ON COKER LANE (90-8-27/R-16)

 

WHEREAS, total project costs have been compiled for improvements on Coker Lane; and

 

WHEREAS, a preliminary assessment roll has been established for this project and is on file with the Town Clerk;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council herewith calls a public hearing at 7:30 p.m. on October 15, 1990 in the Town Hall, 306 N. Columbia Street, to hear comments on the preliminary assessment roll for improvements on Coker Lane.

 

This the 27th day of August, 1990.

 

 

A RESOLUTION CALLING A PUBLIC HEARING ON THE PRELIMINARY ASSESSMENT ROLL FOR MAT AND SEAL IMPROVEMENTS ON EVERGREEN LANE (90-8-27/R-17)

 

WHEREAS, total project costs have been compiled for improvements on Evergreen Lane; and

 

WHEREAS, a preliminary assessment roll has been established for this project and is on file with the Town Clerk;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council herewith calls a public hearing at 7:30 p.m. on October 15, 1990 in the Town Hall, 306 N. Columbia Street, to hear comments on the preliminary assessment roll for improvements on Evergreen Lane.

 

This the 27th day of August, 1990.

 

 

A RESOLUTION CALLING A PUBLIC HEARING ON THE PRELIMINARY ASSESSMENT ROLL FOR MAT AND SEAL IMPROVEMENTS ON GLANDON DRIVE (90-8-27/R-18)

 

WHEREAS, total project costs have been compiled for improvements on Glandon Drive; and

 

WHEREAS, a preliminary assessment roll has been established for this project and is on file with the Town Clerk;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council herewith calls a public hearing at 7:30 p.m. on October 15, 1990 in the Town Hall, 306 N. Columbia Street, to hear comments on the preliminary assessment roll for improvements on Glandon Drive.

 

This the 27th day of August, 1990.

 

 

A RESOLUTION CALLING A PUBLIC HEARING ON THE PRELIMINARY ASSESSMENT ROLL FOR MAT AND SEAL IMPROVEMENTS ON MASON FARM PLACE (90-8-27/R-19)

 

WHEREAS, total project costs have been compiled for improvements on Mason Farm Place; and

 

WHEREAS, a preliminary assessment roll has been established for this project and is on file with the Town Clerk;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council herewith calls a public hearing at 7:30 p.m. on October 15, 1990 in the Town Hall, 306 N. Columbia Street, to hear comments on the preliminary assessment roll for improvements on Mason Farm Place.

 

This the 27th day of August, 1990.

 

 

A RESOLUTION CALLING A PUBLIC HEARING ON THE PRELIMINARY ASSESSMENT ROLL FOR MAT AND SEAL IMPROVEMENTS ON HILLCREST CIRCLE (90-8-27/R-20)

 

WHEREAS, total project costs have been compiled for improvements on Hillcrest Circle; and

 

WHEREAS, a preliminary assessment roll has been established for this project and is on file with the Town Clerk;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council herewith calls a public hearing at 7:30 p.m. on October 15, 1990 in the Town Hall, 306 N. Columbia Street, to hear comments on the preliminary assessment roll for improvements on Hillcrest Circle.

 

This the 27th day of August, 1990.

 

 

A RESOLUTION CALLING A PUBLIC HEARING ON THE PRELIMINARY ASSESSMENT ROLL FOR MAT AND SEAL IMPROVEMENTS ON MARKHAM DRIVE (90-8-27/R-21)

 

WHEREAS, total project costs have been compiled for improvements on Markham Drive; and

 

WHEREAS, a preliminary assessment roll has been established for this project and is on file with the Town Clerk;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council herewith calls a public hearing at 7:30 p.m. on October 15, 1990 in the Town Hall, 306 N. Columbia Street, to hear comments on the preliminary assessment roll for improvements on Markham Drive.

 

This the 27th day of August, 1990.

 

 

A RESOLUTION APPOINTING BOND COUNSEL FOR THE PROPOSED 1990 $9,000,000 GENERAL OBLIGATION BOND ISSUE (90-8-27/R-22)

 

BE IT RESOLVED that the Council of the Town of Chapel Hill hereby approves and ratifies the selection of the law firm of Womble Carlyle Sandridge & Rice as bond counsel for the Town on the proposed 1990 $9,000,000 General Obligation Bond issue.

 

This the 27th day of August, 1990.

 

 

There was no need for an Executive Session.

 

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

 

The meeting adjourned at 10:12 p.m.