MINUTES OF A MEETING OF THE MAYOR AND COUNCIL OF THE TOWN OF CHAPEL    HILL, NORTH CAROLINA, MONDAY, NOVEMBER 26, 1990 AT 7:30 P.M.

 

Mayor Howes called the meeting to order.

 

Council Members in attendance were Julie Andresen, Joyce Brown, Joe Herzenberg, Nancy Preston, Alan Rimer, James C. Wallace, Arthur Werner and Roosevelt Wilkerson, Jr.  Also in attendance were Student Liaison to the Council Win Burke, Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Housing and Community Development Director Tina Vaughn, Public Works Director Bruce Heflin, Planning Director Roger Waldon, Assistant to the Attorney Richard Sharpless and Town Attorney Ralph Karpinos.

 

There were no ceremonies or hearings.

 

                       Item 3  Petitions

 

Jeff Elder and Julie Pokela, co-chairpersons of the University of North Carolina Senior Class Philanthropy Committee requested that the Council consider approving a bed race to be held on Cameron Avenue during the spring.  Mr. Elder stressed the importance of holding the event on the same weekend as Apple Chill.  He also noted that special efforts were being made to make this a joint campus-Town event.  Mr. Elder stated that some of the proceeds from the activity would be donated to the Interfaith Council, in support of its programs.

 

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO REFER THE MATTER TO THE MANAGER.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Council Member Rimer requested the Council to authorize the Public Works Department to evaluate and revise as necessary, the Town's solid waste ordinance.  Council Member Rimer said he had recently been traveling in his automobile when he was confronted by a huge pile of brush on one half of the road and a child on a bicycle on the other.  He noted that the Town was currently unable to pick up brush due to a broken boom truck.  He expressed concern that he had almost lost control of his vehicle due to the inappropriate brush disposal by tree cutters.

 

Council Member Rimer stated that the existing ordinance warranted review and possible revisions.  Mayor Howes suggested that this review be pursued within the context of future budget discussions.  Council Member Rimer concurred with this suggestion.  Council Member Andresen requested further clarification of Council Member Rimer's concerns.  Council Member Rimer stated that the existing ordinance had been written a long time ago.  Consequently, some of the definitions were outdated and subject to interpretive abuses.

 


              Item 4  Minutes of October 29, 1990

 

Council Members Brown and Wilkerson requested revisions to the minutes of October 29, 1990.  Mayor Howes suggested that the revised minutes be presented to the Council at their December 11th meeting.

 

       Item 4.1  Commemorating Service of Shirl Marshall

 

Mayor Howes noted that Council Member Herzenberg and Rebecca Clark were in the room and had tickets available to Shirl Marshall's reception on November 29th.

 

COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 0.1.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Council Member Preston suggested that Mayor Howes read the following resolution of appreciation into the record.

 

A RESOLUTION COMMEMORATING THE SERVICE OF SHIRLEY E. MARSHALL

 

WHEREAS, Shirley E. Marshall has served the people of North Carolina since 1968 in numerous and varied community, County and State organizations; and

 

WHEREAS, locally she has served on the Chapel Hill Board of Aldermen and the boards of the Chapel Hill Historical Society, the Chapel Hill-Carrboro Chamber of Commerce, OWASA and the Chapel Hill Housing Authority, as well as on the Chapel Hill Appearance Commission; and

 

WHEREAS, she has also been Chairwoman of the Triangle J Council of Governments, an Orange County Commissioner for 9 years, and is a Trustee of the Triangle Transit Authority; and

 

WHEREAS, she has given generously and unselfishly of her time and energies to her Town, County and State.

 

NOW, THEREFORE, BE IT RESOLVED that the Council of the Town of Chapel Hill honors Shirley E. Marshall for her many years of dedicated commitment to all our citizens and hereby proclaims November 29th as

 


                    SHIRLEY E. MARSHALL DAY

 

in Chapel Hill and urges everyone to celebrate this occasion with Shirl and express their respect and admiration for all she has done.

 

 

 

                _______________________________

                   Jonathan B. Howes, Mayor

 

 

___________________________________   ____________________________________

Nancy S. Preston, Mayor Pro Tempore   Julie Andresen, Council Member

 

 

___________________________________   ____________________________________

Joyce Brown, Council Member           Joseph A. Herzenberg, Council Member

 

 

___________________________________   ____________________________________

Alan Rimer, Council Member            James C. Wallace, Council Member

 

 

___________________________________   ____________________________________

Arthur Werner, Council Member              Roosevelt Wilkerson, Jr.,

                                           Council Member

 

 

 

          Item 5  Curbside Rollout Refuse Collection

 

Public Works Director Bruce Heflin presented a brief overview of four refuse collection options, once and twice per week rear yard or curbside pick-up.  Mr. Heflin said that the staff, by way of a pilot project, was hoping to determine the level of citizen satisfaction with a curbside rollout program.  He noted that such a program could possibly be implemented in September, 1991, contingent upon approval by the Council.  Mr. Heflin stated that the program would also permit the staff to evaluate the number of exemptions, level of recycling participation and other variables.

Mr. Heflin stated that the staff was requesting Council approval of the pilot curbside roll cart program this evening.  Town Manager Horton said the major objective of curbside pickup was cost reduction.  He noted that a pilot program was being recommended to quantify possible savings.

 

Council Member Andresen suggested that the staff report back to the Council concerning the impact of curbside pickup on levels of recycling program participation.  She noted that Town residents did not appear to presently favor a curbside roll cart program.  Mr. Heflin noted that the concept of integrating recycling and curbside collection evolved later in the study process.

 

Council Member Rimer said he favored the pilot study.  He added that his own family was skeptical that any savings realized would otherwise benefit Town residents.  He suggested that written requests for exemptions be replaced by requests by telephone, followed up by a letter of confirmation.  Council Member Rimer also suggested that the staff consider measuring the effectiveness of having Town refuse collection personnel rolling carts off the street and back onto the homeowner's property.

 

Council Member Wallace said he favored continuation of rear yard refuse collection.  Council Member Wallace said he recalled approximately ten to fifteen previous Council discussions focusing on a change from rear yard to curbside refuse collection.  He stated that refuse collection is the single most tangible service received by tax payers.  Council Member Wallace said it was not necessary to link refuse pick-up with recycling.  Council Member Wallace said that Council approval of the program design would inevitably lead to implementation of the pilot program.

 

Council Member Werner said he was not convinced that there was a linkage between the type of refuse pick-up and the level of recycling participation.  Council Member Werner said that the pilot program offered an opportunity for the staff to gather comparative base line data.  Council Member Werner said he favored the pilot program.  He inquired about the estimated cost of the program design.  Town Manager Horton noted that there would be no additional costs, since the program would be designed by the Town staff.

 

Council Member Preston suggested that once per week rear yard collection was a preferable cost saving method to curbside collection.  Council Member Preston stated that once per week rear yard collection would maintain a high level of service, while achieving cost savings.  Mr. Heflin said that once per week rear yard collection would yield estimated savings of $150,000 compared to twice per week rear yard collection.  He noted that the disadvantages of once per week rear yard collection included a reduction in level of service, the need for additional storage, and heavier trash receptacles.  Mr. Heflin said he thought that the disadvantages of once per week rear yard collection outweighed advantages.  Council Member Preston inquired whether greater levels of recycling would offset the amount of refuse put out for collection.  Mr. Heflin said there was no evidence that this would occur, since we already have a very high rate of residential recycling.

 

Town Manager Horton noted that he had worked in a community which had shifted from twice to once per week rear yard refuse collection.  He noted that many residents were dissatisfied with the reduced level of service and the amount of cost savings realized was relatively small.

 

Council Member Preston inquired about the possibility of conducting a pilot program for once per week rear yard refuse collection.  She noted that most Town residents did not want to change the current rear yard collection system.

 

Council Member Herzenberg noted that there were some passionate supporters of the current system and of curbside collection.  He added that the majority of Town residents were in the middle of this continuum.

 

Council Member Wilkerson said the majority of citizens opposed changing the Town's current refuse collection methodology.  Council Member Wilkerson said he favored incorporating the recycling program into the Town's operations, instead of using contractors.

 

Council Member Brown stated that waste reduction should be an objective of the Town.  Council Member Brown suggested incorporating a variety of changes in refuse disposal habits.  She also noted that some members of the community were interested in examining a user fee system for refuse collection.  Council Member Brown said it was possible for all residents to use less water and electricity and to produce less refuse.  Council Member Brown stressed the need to provide incentives for producing lower volumes of trash.

 

Council Member Andresen inquired about the Council's objectives concerning refuse collection.  She noted that Town residents expect a certain level of service.  Council Member Andresen noted that the cities of High Point, Raleigh and Garner had conducted pilot refuse collection studies.  Council Member Andresen stated that the City of Greensboro had attempted to implement a fully automated curbside collection system.  She noted that this system was impractical in the University of North Carolina-Greensboro area, due to the transient nature of the area's population.  Council Member Andresen said she did not favor the pilot program.

 

Council Member Werner noted that the Town's current recycling programs cost approximately $400,000 per year to operate.  He noted that given these costs, it was important to examine possible alternatives for reducing the cost of conventional refuse collection.

 

Barbara Stark stated that elderly residents of the Town preferred continuation of rear yard refuse collection.  Ms. Stark said that she was accustomed to, and actively participated in, recycling programs.  Ms. Stark expressed concern that introducing user fees for refuse collection would set precedents for other types of services.  Ms. Stark requested that the Council strongly consider the needs of the elderly in its deliberations concerning refuse collection methods.

 

Council Member Wilkerson said he did not favor user fees associated with solid waste collection.  Council Member Wilkerson stressed the importance of examining the feasibility of Town staff managing the Town's recycling programs.  He said that this would be a more efficient use of Town personnel.  Council Member Wilkerson said he very much opposed placing additional burdens on elderly residents. 

Mayor Howes noted that refuse collection is one of the more expensive Town services.  He noted that aesthetic and exemption objections to curbside collection could be easily handled.  Mayor Howes said the most difficult hurdle was the Town's terrain.  Mayor Howes stated that he was reluctant to move ahead with the pilot program proposal.  He said that greater attention should be given to volume reduction techniques.

 

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT RESOLUTION 1.

 

Council Member Brown inquired about the possibility of providing variously sized refuse containers in the curbside pilot program.  Town Manager Horton said it would be best to limit the number of variables in a pilot program.

 

Council Member Wallace said this evening's discussion was a prelude to Council discussions of the 1991-92 Public Works budget.  Council Member Wallace said the community was not well served by trying to save money in the area of refuse collection.

 

Council Member Rimer said that the proposed study design would accommodate a number of issues which would permit the Council to make a rational decision in the future.

 

Council Member Andresen inquired about the possibility of leasing refuse cans and carts for the pilot program.  Mr. Heflin said there were a number of options available, with a nine month maximum on the lease of roll carts.  Mr. Heflin said that there some cost advantages associated with the leasing of equipment.

 

Council Member Preston requested that the staff further examine the viability of once per week rear yard collection.  Mayor Howes asked whether Council Member Preston wished to offer a friendly amendment to Resolution 1.  Council Member Preston said yes.  Council Member Andresen seconded Council Member Preston's proposed amendment.  Council Member Wallace said this amendment did not ameliorate anything.

 

Mayor Howes inquired whether the pilot program would have any significant budgetary impacts.  Mr. Horton said there were none, other than the shifting of staff focus to the program.

 

Council Member Preston inquired whether the Council was only voting on going ahead with the program design.  Mr. Horton said that his budget recommendations would be based on this evening's Council discussion and action.

 

COUNCIL MEMBER PRESTON'S AMENDMENT WAS PLACED ON THE FLOOR FOR A VOTE.  THE AMENDMENT WAS DEFEATED, 4-5, WITH COUNCIL MEMBERS ANDRESEN, PRESTON AND WILKERSON, AND MAYOR HOWES SUPPORTING THE AMENDMENT.

 

RESOLUTION 1 WAS PLACED ON THE FLOOR AND ADOPTED BY A VOTE OF 5-4, WITH COUNCIL MEMBERS ANDRESEN, PRESTON, WALLACE, AND MAYOR HOWES VOTING NO.

 

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO DESIGN A ONCE/WEEKLY CURBSIDE ROLL CART PILOT PROGRAM  (90-11-26/R-1)

 

WHEREAS, the Council is evaluating alternative refuse collection methods;

 

WHEREAS, additional information is desired concerning the best option to pursue Town-wide; and

 

WHEREAS, a pilot curbside residential collection program will provide such information;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager will design a pilot program of once-per-week curbside roll cart residential refuse collection for selected areas of Chapel Hill which could be implemented after July 1, 1991 and present it as part of the Manager's Recommended Budget for Fiscal Year 1991-92.

 

This the 26th day of November, 1990.

 

 

         Item 6  Coventry Townhomes Refuse Collection

 

Town Manager Horton said he favored continuation of the Town's present refuse collection policies for townhome developments.  He noted that if an exception were made for Coventry homeowners, six other townhome projects with approximately seven hundred units might seek similar exemptions.  Mr. Horton said Resolution 2a provided for Town pick up of refuse containers rather than roll carts.

 

Council Member Andresen inquired whether backyard refuse collection was provided at Carolina Meadows retirement community.  Mr. Horton said this was correct, adding that this exception was granted six or seven years ago.  Mr. Heflin added that The Meadows had separate zoning lots, and so was not considered a "multi-family development" like Coventry.

 

Council Member Brown noted that Resolution 2b could be modified to once per week pick-up.  Council Member Rimer noted that the cost differential for once versus twice per week pick-up at Coventry would be relatively insignificant.

 

Mr. Heflin stated that roll-out cart service was three times more costly than dumpster service.  He added that rear-yard collection cost twice as much as roll cart collection.

 

Council Member Rimer suggested that Council adopt Resolution 2b, with pick-up frequency modified to once per week pick-up.  Mr. Horton suggested that this program could be further examined and possibly implemented after budget deliberations in the spring.  Council Member Werner said it was unclear what type of data would be collected in a pilot program of this type.  He expressed concern that this type of program could cost a lot in the future.

 

Art Dodd said Coventry residents were in a unique situation since no dumpsters were included in the nine phases of the development.  Council Member Wallace asked Mr. Dodd how he wished the Council to proceed in this matter.  Mr. Dodd responded that Coventry residents wanted to purchase roll carts which would be dumped once per week.

 

Mayor Howes noted that Mr. Dodd had stated that Coventry's refuse collection was a unique situation.  Mr. Horton expressed concern that other townhome developments would claim unique circumstances.  Council Member Preston said that dumpster placement would make a very attractive development far less attractive.

 

COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO AMEND RESOLUTION 2B, TO PROVIDE ONCE WEEKLY ROLL CART PICK-UP.

 

Mayor Howes suggested that it might be better to leave Resolution 2b in its current form.  Council Member Preston said it was better to make an exception.  Town Manager Horton said it was the Council's prerogative to suggest once per week pick-up.  Council Member Wallace inquired whether once per week was an adequate service level.  Mr. Dodd said yes.

 

THE MOTION FOR INCLUSION OF THE AMENDMENT WAS PLACED ON THE FLOOR.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

THE MAIN MOTION, RESOLUTION 2B, AS REVISED, WAS PLACED ON THE FLOOR.  THE RESOLUTION WAS ADOPTED, 7-2, WITH COUNCIL MEMBERS HERZENBERG AND WERNER VOTING NO.

 

A RESOLUTION AUTHORIZING COLLECTION OF REFUSE FROM CURBSIDE ROLL CARTS IN LIEU OF BULK CONTAINERS AT COVENTRY TOWN HOMES (90-11-26/R-2b)

 

WHEREAS, the Coventry Homeowners Association has requested an exemption from the Town requirement of bulk containers; and

 

WHEREAS, the Coventry Homeowners Association has requested Town refuse collection from roll carts placed at sidewalk or designated parking areas, and

 

WHEREAS, the Town Code provides that the Council may approve exemptions to the normal requirement of bulk containers for Town refuse collection services at townhouse, condominium and apartment developments with 6 or more residences; and

 

WHEREAS, the Council has received a report from the Town Manager and correspondence from Coventry Homeowners regarding this matter, a copy of which materials shall be retained with the records of this meeting;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby exempts Coventry Town Homes from the Town's normal requirement of bulk containers for Town refuse collection, and authorizes Town refuse collection twice per week at Coventry from wheeled "roll-out" containers at sidewalk and designated parking lot locations (visitor parking spaces along Essex Drive).

 

This the 26th day of November, 1990.

 

        Item 7  Arts Center Business Plan Presentation

 

Town Manager Horton introduced Eileen Helton, the newly appointed General Manager of the ArtsCenter.  Ms. Helton said she was focusing her energies on finding a method for charging overhead, establishing central control over contract programs, and developing a plan to address debt service.  Council Member Andresen inquired how outstanding debt would be handled.  Ms. Helton said that efforts were being made to obtain debt forgiveness from major creditors.  She added that payment plans were being outlined, as were consolidation loan and foundation grant applications.

 

Council Member Brown asked whether it was correct that the ArtsCenter building was not for sale.  Ms. Helton said she had no knowledge on this point, since had assumed her responsibilities only three weeks ago.  Council Member Preston stated that the ArtsCenter business plan proposal was a refreshing and realistic approach.  She expressed hope that it would be successful.  Council Member Werner inquired how much Town funding was available for ArtsCenter rent.  Mr. Horton said $8,751 was available.

 

Council Member Wilkerson inquired about the impact on the ArtsCenter, if the funds were not released.  Ms. Helton said the impact would be devastating, with the ArtsCenter being unable to make its rent payments.  Council Member Preston asked when the item would return to the Council.  Mr. Horton said December 11th.

Council Member Andresen inquired whether any funds were being released this evening.  Mr. Horton said no. 

 

COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO REFER THE MATTER TO THE TOWN MANAGER.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

           Item 8  NC 86/Airport Road Public Housing

 

Planning Director Roger Waldon presented an overview of the project's review to date and remaining key issues.  He showed a site plan of the area, noting that approximately six acres of the property would be set aside for public housing. 

 

Diane Peerman-Pledger, Chairperson of the Housing Advisory Board,

strongly encouraged the Council to adopt Resolution A.  She noted that affordable housing opportunities were essential to community's continued vitality. 

 

Gordon Mitchell, an adjacent property owner, said he did not oppose was public housing.  Mr. Mitchell expressed concern that six Town advisory boards had considered this matter before he had been notified of the proposal.  He requested that the Council consider directing the staff to realign the access roadway to align with Dixie Drive. 

 

Mr. Mitchell added that he had concerns about buffering of the property.  He noted that one hundred and seventy foot of buffering and an earthen berm would separate the park and ride lot from the public housing units, while no buffering was proposed adjacent to his property.  Mr. Mitchell requested that a minimum of a twenty foot buffer be provided.  He added that the draft resolution also contained an implied agreement affecting the location of his septic tank fields.  He noted that the estimated cost of connecting his property to the Orange Water and Sewer Authority sewage system was $24,000.  Mr. Mitchell noted that this was a comparatively high cost, since his apartment units leased for $280 to $315 per month.  Mr. Mitchell requested that the orientation of the proposed plan be reversed.  As an alternative, he requested that a minimum of twenty feet of buffering be provided. 

 

Carolyn Rashti, President of the Lake Ellen Homeowners Association, expressed concern about drainage runoff and related damage to area watercourses and lakes.  She expressed concern that there was almost no control along Booker Creek in the Lake Ellen area.  Ms. Rashti said she had been monitoring the clarity of Lake Ellen and had noted that the level of the clarity had been diminishing.  She requested that the Council provide adequate erosion control protection along the lake and area creeks. 

 

Mayor Howes inquired whether the Orange Water and Sewer Authority was subject to Town erosion control standards.  Town Attorney Karpinos stated that OWASA was subject to erosion control standards established and administered by Orange County.  Council Member Andresen suggested that the Council send a letter to OWASA, requesting their compliance with erosion control standards.  Mayor Howes said that the Town staff could report back to the Council on this matter in the future.

 

Adele Thomas, Housing Advisory Board Member, urged the Council to move ahead quickly in approving the public housing units.  She noted that the United States Department of Housing and Urban Development had authorized the grant in September, 1988. Ms. Thomas noted that it was necessary to initiate the project in early 1991, in order not to jeopardize its federal funding. 

 

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER WALLACE, TO ADJOURN THE HEARING.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Council Member Andresen said she appreciated the need to meet HUD and other application deadlines, but noted that she had several concerns about the proposed site plan.  Ms. Vaughn noted that the Town staff and project architect were working on the design and elevation of the proposed homes.  She noted that each of the duplex units would have three bedrooms, a kitchen, bathroom, and porch, and would be very attractive. 

 

Mayor Howes inquired whether it was necessary to reopen the hearing in order to hear the architect's presentation.  Town Attorney Karpinos said this was advisable.  Council Members Herzenberg and Wallace concurred.  The Council unanimously agreed to reopen the hearing.

 

Dan Williams, the project architect, said the site was well buffered, and oriented to the north for solar energy purposes.  Mr. Williams added that parking would be convenient to each unit.  He also said that the project would be non-traditional, since porches would break up the roof lines of the units. 

 

Council Member Andresen said the revised site plan was a tremendous improvement from the original submittal.  She requested that the staff work with Mr. Williams to reduce the number of proposed driveway cuts.  Council Member Andresen cited Glen Lenno as an example of an attractive project which did not have many driveway cuts.  Mr. Williams said that twelve driveway cuts had been  proposed instead of twenty-four.

 

Town Manager Horton said that the staff would evaluate the viability of acquiring an easement on Mr. Mitchell's property to construct a deceleration lane and to make a connection to the Orange Water and Sewer Authority sewer system.  Town Attorney noted that additional title work would need to be completed concerning possible acquisition of this easement.  Mr. Horton said that acquiring the easement for access purposes would leave open the several options. 

 

Mayor Howes inquired whether the Town staff had spoken to Duke Power officials concerning easements on the property.  Mr. Waldon said he had not personally had any discussions with Duke Power officials.  He added that the proposed location for public housing was the most preferred one on the site.  Council Member Brown inquired why it was not possible to realign the proposed roadway to line up with Dixie Drive.  Mr. Waldon said that the Resource Conservation District would need to be addressed in any site redesign.  He added that it would be necessary to resubmit the site plan to the United States Department of Housing and Urban Development.  Council Member Andresen inquired how much of a delay would occur if the plan were resubmitted to HUD.  Mr. Horton estimated that a delay of six to twelve months might occur.

 

Council Member Rimer expressed concern that the site plan did not depict the impact of the project on adjoining property owners.  He said that the treatment of the park and ride lot and Mr. Mitchell's property were unfair and inconsistent.  He suggested that there were some mechanisms for expediting amendments to the land plan.  Council Member Rimer said that the staff needed to work with Mr. Mitchell to mitigate his concerns.  Mr. Mitchell stated that the slope on the lower portion of the site was just as good as that on the northern part. 

 

Mayor Howes suggested that the public hearing be closed.  The Council concurred.

 

Council Member Wallace expressed hope that Ms. Rashti's concerns about site erosion could be adequately addressed by the staff.  He also expressed concern that Mr. Mitchell had not been included until very late in the project review process.

 

Mayor Howes inquired about the location of Mr. Mitchell's apartment buildings.  Mr. Waldon responded that the buildings were located approximately fifty feet north of the northern property line.  Council Member Preston inquired whether it was correct that no buffering was required along a public roadway.  Town Attorney Karpinos said that buffering was not required between a new roadway and existing development.  Mayor Howes inquired about the possibility of adding language to Resolution A to address Mr. Mitchell's buffering concerns.  Town Attorney Karpinos presented possible language. 

 

Council Member Andresen inquired why a left-turn was necessary.  Mr. Waldon responded that left-turn movements out of the site would be relatively difficult.  Council Member Werner noted that only twenty-four units were planned for the site.  He inquired whether other projects were planned for the site.  Mr. Waldon stated that no uses other than the housing units and park and ride lot were proposed for the site.  He noted that an additional margin of safety could be achieved from a right-turn lane. 

 

Council Member Preston inquired about the status of Mr. Mitchell's septic field.  Mr. Horton responded that the location of the field was undetermined.  He noted that the value of the right-turn easement might offset the cost of hook-up to OWASA's sewer system. 

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION B, AS REVISED.

 

Council Member Rimer inquired whether Federal project funding would be lost if the motion on the floor were defeated.  Mr. Horton responded that this was not the categorical outcome, since HUD had a vital interest in seeing that the units were constructed. 

 

Council Member Wilkerson noted that there was a fifty-fifty chance that HUD would continue to hold funds for this project, given the Town's regulatory environment.  Council Member Wilkerson said he would vote in favor of moving ahead with the project.  He also expressed concern about Mr. Mitchell's septic field concerns. 

 

Council Member Brown inquired about the possibility of modifying the special use permit in the future.  Mayor Howes said this was possible.

 

Council Member Rimer inquired about the possible reorientation of the site to align with Dixie Drive.  Mr. Horton said that the staff would evaluate this possibility.

 

Council Member Rimer suggested that the Council defer action on this item until December 11th.  Town Manager Horton said this would not be detrimental.

 

Town Attorney Karpinos suggested that the Council reopen and recess the public hearing until December 11th.

 

COUNCIL MEMBER WALLACE MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO RECESS THE HEARING UNTIL DECEMBER 11TH.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

              Item 9  Transportation Improvements

 

Council Member Werner suggested that due to the lateness of the hour, this item should be deferred to a later Council meeting.  Mayor Howes noted that this appeared to be the pleasure of the balance of the Council.

 

              Item 10 was deleted from the agenda

 

           Item 11  Bolin Creek Trail Status Report

 

Glenn Mitchell, representing the Greenways Commission, presented slides depicting the proposed Bolin Creek Trail.  Mr. Mitchell also showed slides of trails in Boulder, Colorado.  He noted that a final information meeting concerning the Bolin Creek Trail would be held at 7:00 p.m. on Thursday, November 29th, in the Council Chamber.  Noting that he had received a notice of the meeting at his home, Mayor Howes said the meeting had been well-publicized.

 

           Item 12  Confirmation of Council Retreat

 

COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 6.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION REGARDING THE COUNCIL'S RETREAT MEETING ON SATURDAY, JANUARY 12, 1991 (90-11-26/R-6)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council's retreat meeting on January 12, 1991 shall be at the Council's new conference room at the Town Hall beginning at 8:30 a.m.

 

This the 26th day of November, 1990.

 

 

             Item 13  Nominations and Appointments

 

All applicants to the Solid Waste Reduction Task Force were nominated.

 

No appointment was made to the Community Appearance Commission or the Housing Advisory Board, since no applicant received a majority of five votes.  The appointments will be carried over to the Council's December 11th meeting.  Original voting ballots are available for inspection in the Town Clerk's Office.

 

                    Item 14  Consent Agenda

 

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADOPT THE CONSENT AGENDA, AS PRESENTED.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND AN ORDINANCE

                                          (90-11-26/R-7)

 

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

 

          a.   Dixie Drive paving bid (R-8).

          b.   IFC lease agreement (R-9).

          c.   Refuse packer bid (R-10).

          d.   Pay and classification plan amendment.

                                  Mayor Howes. (O-5).

 

This the 26th day of November, 1990.

 

 

A RESOLUTION AWARDING A CONTRACT AND ACCEPTING BID FOR DIXIE DRIVE IMPROVEMENTS (90-11-26/R-8)

 

WHEREAS, the Town of Chapel Hill has solicited formal bids by advertisement in The Chapel Hill Newspaper on October 24, 1990, in accordance with G. S. 143-129 for Dixie Drive Improvements; and

 

WHEREAS, the following bids were received and opened on November 6, 1990:

 

Bidder                            Amount

 

Blythe Paving Company             $28,196.10

     Mebane, NC

 

Lee Paving Company                33,927.20

     Sanford, NC

 

B & B Paving Company              36,959.04

     Morrisville, NC

 

Carolina Grading & Excav.         42,037.52

     Chapel Hill, NC

 

Rea Construction Company              42,989.88

     Charlotte, NC

 

Mellott Trucking Company              46,152.80

     Carrboro, NC

 

C.C. Mangum, Inc.                 80,250.00

     Raleigh, NC

 

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town accepts the low bid of Blythe Paving Company in the amount of $28,196.10 and awards the contract for the Dixie Drive Improvement Project.

 

This the 26th day of November, 1990.

 

 

A RESOLUTION RENEWING A LEASE FOR OLD POLICE BUILDING FOR USE AS A SHELTER FOR THE HOMELESS (90-11-26/R-9)

 

WHEREAS, the Council of the Town of Chapel Hill, on November 23, 1987, authorized the Town Manager to enter into a lease for the Old Police Building for use as a shelter for the homeless;

 

WHEREAS, the term of said lease was for three years, beginning on December 1, 1987, and ending on November 30, 1990; and

 

WHEREAS, Inter-Faith Council for Social Service, Inc., entered into a lease with the Town for the Old Police Building on December 1, 1987, 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 authorizes the Town Manager to publish a notice announcing the Council's intent to enter into a renewal agreement for the lease to the Inter-Faith Council for Social Service, Inc., for the Old Police Building at 100 West Rosemary Street, for use as a shelter for the homeless and community kitchen, for a term of two years with provision for an additional two-year term, said agreement to contain language substantially the same as contained in the lease agreement prevented to the Council.

 

This the 26th day of November, 1990.

 

 

A RESOLUTION ACCEPTING THE BID FOR THE PURCHASE OF ONE INTEGRATED FRONT LOADER (90-11-26/R-10)

 

WHEREAS, the Town of Chapel Hill has solicited formal bids by legal notice in The Chapel Hill Newspaper on October 10, 1990, in accordance with G.S. 143-129 for the purchase of one Integrated Front Loader; and

 

WHEREAS, the following bids have been received and opened on November 13, 1989:

 

     Vendor                                Total Cost

 

Cavalier Equipment Company                 $112,677.03

     Roanoke, VA

 

Simpson Equipment Company                  112,100.00

     Wilson, NC             (alternate)      118,708.00

 

Stockton Motor Company                     122,380.00

     Charlotte, NC

 

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town accepts the lowest responsive bid of Stockton Motor Company in the amount $122,380.00 for one Integrated Front Loader.

 

This the 26th day of November, 1990.

 

 

AN ORDINANCE AMENDING THE CLASSIFICATION AND PAY PLAN (90-11-26/O-5)

 

BE IT ORDAINED BY THE TOWN COUNCIL OF CHAPEL HILL that the Council hereby amends the "Ordinance establishing a position and classification plan for employees of the Town...beginning October 1, 1990" as follows:

 

In Section IV, Part B,

 

DELETE the line

 

     Town Attorney      1         $63,600

 

and ADD the line

 

     Town Attorney      1         $70,000

 

with the new salary to be effective October 1, 990.

 

This the 26th day of November, 1990.

 

 

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO ADJOURN TO EXECUTIVE SESSION.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

The meeting stood adjourned at 11:10 p.m.

 

                  Item 15  Executive Session

 

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO ADJOURN THE EXECUTIVE SESSION.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).