MINUTES OF A REGULAR MEETING OF THE MAYOR AND
COUNCIL OF THE
TOWN OF CHAPEL HILL, MONDAY, NOVEMBER 13,
1989, 7:30 P.M.
Mayor Howes called
the meeting to order.
Council Members in
attendance were:
Julie Andresen Nancy Preston
David Godschalk James C. Wallace
Joe Herzenberg Arthur Werner
David Pasquini Roosevelt Wilkerson, Jr.
Also in attendance
were Council Member‑Elect Joyce Brown, Town Manager David Taylor,
Assistant Town Managers Sonna Loewenthal and Florentine Miller, Public Safety
Director Cal Horton, Planning Director Roger Waldon, Town Attorney Ralph
Karpinos, Assistant to the Mayor Beverly Kawalec, Assistant to the Attorney
Richard Sharpless, and Student Liaison to the Council Bill Hildebolt.
Mayor Howes noted
that this evening's meeting would be continued
to Tuesday, November
21st.
Ceremony
Mayor Howes requested
that Sarah Campbell, Mr. & Mrs. Bachman, Herschel Slater, Mike Loveman and
Council Member David Godschalk come to the speaker's podium for a presentation.
Mayor Howes said that due to the generosity of Ms. Campbell, Mr. and Mrs.
Bachman, and Mrs. Margaret Parker, who was unable to attend the ceremony, one
continuous piece of open space was made available on Franklin Street near
Stroud Hill. Mayor Howes noted Council Member Godschalk's leadership in
acquiring the land. Council Member Godschalk said that the ceremony was the
culmination of a land use conflict with a happy ending. Council Member
Godschalk noted that the Council acted in 1986 to form a committee to acquire
1,450 feet of greenway between Plant Road and Howell Lane. He stated that the
Bachman, Campbell and Parker donation was an important model for others wishing
to donate land to the Town in the future. Council Member Godschalk thanked the
donors for their generosity.
Ms. Campbell said she
was pleased to give something back to the Town. Ms. Campbell expressed pleasure
in helping to keep the Town attractive. Mr. Bachman added that he and his wife
were pleased to make the land donation.
Petitions
Estelle Mabry said
that the West End Street Fair on November 5th was a tremendous success for
Habitat for Humanity and all involved parties. Ms. Mabry gave gifts of T‑shirts
to the Mayor, Council and Town staff.
Mayor Howes said that
some members of the Council were initially skeptical about the Street Fair.
Mayor Howes stated that the event was a tribute to Ms. Mabry and her
associates' hard work. Mayor Howes noted that the success of the event had made
a good case for holding future Town festivals on West Franklin Street.
Student Liaison to
the Council Bill Hildebolt presented a petition signed by 1,000 Town residents
urging the Council to take no action on the proposed noise ordinance until the
Noise Committee could be reconstituted to make a recommendation on the
situation.
Mr. Coates requested
that his concerns about drainage at 304 West Franklin Street be handled on
November 3Oth, rather than November 21st, since he would be out of town on the
latter date.
Mayor Howes noted
that eight persons had requested to speak on the noise ordinance this evening.
He added that since a public hearing on the matter had been previously held on
this matter, it would be the decision of the Council whether additional
comments would be heard tonight.
Ms. Landsberger said
there is a need for a Senior Activity Center in the eastern portion of Chapel
Hill. Ms. Landsberger said that the Orange County Advisory Board on Aging had
asked her to make this request. Ms. Landsberger said that the center would
ideally begin operations in early 1990. Ms. Landsberger said that a similar
request would be made to the Orange County Commissioners.
COUNCIL MEMBER WERNER
MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO REFER TO THE TOWN MANAGER. THE
MOTION WAS ADOPTED UNANIMOUSLY (9‑0)‑
Council Member
Andresen noted that she and Council Member Godschalk would be meeting with the
Watershed Work Group on November 15th to discuss wastewater package treatment
plants and related water and sewer issues. Council Member Andresen invited
Council members to visit with Orange County Commissioners and Council Member
Godschalk and herself about these issues.
Council Member Werner
inquired what action would be taken by the group. Council Member Godschalk
noted that the group would make recommendations, followed by a public hearing.
Council Member Andresen said that Orange County Commissioners want to be good
stewards of the watershed.
Minutes of October
10, 17 and 23, 1989
COUNCIL MEMBER
HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER GODSCHALK, TO ADOPT THE MINUTES OF
OCTOBER 10TH. THE MOTION WAS ADOPTED UNANIMOUSLY (9‑0).
Council Member
Preston requested two modifications to the minutes of October 17, 1989.
COUNCIL MEMBER
GODSCHALK MOVED, SECONDED BY COUNCIL MEMBER PRESTON TO ADOPT THE MINUTES OF
OCTOBER 17TH AS AMENDED. THE MOTION WAS ADOPTED UNANIMOUSLY (9‑0).
Council Member
Preston requested two modifications to the minutes of October 23, 1989.
COUNCIL MEMBER WERNER
MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG TO ADOPT THE MINUTES OF OCTOBER
23RD AS AMENDED. THE MOTION WAS ADOPTED UNANIMOUSLY (9‑0).
Rezonings
Planning Director
Roger Waldon stated that the staff report before the Council provided a brief
recapitulation of the rezoning proposal and the staff response to various
issues. Mr. Waldon said that the concept of rezoning was initially discussed by
the Council in 1984. Mr. Waldon noted that the idea of small area planning for
undeveloped areas outside the Town limits and inside the planning jurisdiction.
Mr. Waldon said that many citizen comments concerning a rezoning proposal had
been heard by the Council at an October 17th public hearing.
Mr. Waldon reviewed
key issues including non‑conforming lots, the Eastowne master plan, a
small area plan schedule, future rezoning, and the status of public
facilities.
Mr. Waldon said that
a three‑step growth management approach was recommended to the Council by
the Town staff. Mr. Waldon said that the first step, small area plans, is
before the Council for consideration this evening. Mr. Waldon reviewed the
Ordinances and Resolutions before the Council, noting that Ordinance 1 would
rezone the areas under consideration. He added that adoption of Resolution 1
would deny the rezoning and Resolution 2 would direct the Town Manager to
return to the Council with a schedule for small area plans.
Council Member
Andresen inquired whether small area plans would address water, sewer and
roadway needs. Mr. Waldon said yes. Council Member Andresen inquired why it
would take two and a half years to compose the small area plans. Mr. Waldon
said the determination whether or not adequate facilities are available could
be made quickly. Mr. Waldon stated that it would take time to tie
infrastructure needs to land uses. Mr. Waldon added that the process would be
very participatory, involving property owners and other Town residents.
Council Member
Andresen inquired which areas considered for rezoning currently had water and
sewer service. Mr. Waldon said that virtually the entire southern and
northwestern areas proposed for rezoning do not currently have water and sewer
service.
Council Member
Andresen asked when the areas would receive water and sewer service if they
were not rezoned. Mr. Waldon responded that if the areas were not rezoned, the
main mechanism for utility installation would be future development in the
area.
Mr. Waldon noted that
the Planning Board had concurred with the concept of small area plans, but did
not agree with the need for downzoning. Mayor Howes agreed with this
assessment.
Council Member
Godschalk inquired how staffing would be handled for small area plans. Mr.
Waldon responded that three planners in the Comprehensive Planning section
would be responsible for putting together the plans, working on two or three
plans concurrently.
Council Member Werner
said that small area plan development appeared to be a much less extensive
effort than the compilation of the Comprehensive Plan. Council Member
Werner noted that his major concerns were timing and open‑mindedness of
the processes. Mr. Waldon suggested that the small area plans should be done
several at a time, but he would recommend against doing all the plans at the
same time. Council Member Werner said he wanted to ensure property owners that
small area plans and rezonings will happen in a timely fashion. Mr. Waldon said
that the bulk of time in developing small area plans would be tied to property
owner and citizen participation.
Council Member
Pasquini said he liked the concept of small area plans. Council Member Pasquini
added that property owners have a vested right to develop their properties.
Council Member pasquini said that property owners should have collateral use of
their property to coincide with the development of small area plans. Council
Member Pasquini concluded his remarks by stating that if a property owner
wishes to develop their land, staff should outline what facilities are needed
prior to development.
Council Member
Preston said she would prefer a more positive approach to the situation at
hand. Council Member Preston expressed her liking for small area plans, adding
her discomfort with mass downzoning, since low density zoning already exists in
the areas. Council Member Preston inquired whether downzoning is essential to
the development of small area plans. Mr. Waldon said he expected that some of
the areas proposed for rezoning would ultimately carry higher densities than
those at present. Mr. Waldon stated that rezoning of property puts the
developer in the posture to question whether facilities are available. Mr.
waldon said that zoning is the Council's most effective tool in managing land
use.
Council Member
Preston noted that the Council had a history of not rezoning property. Council
Member Preston inquired why it was necessary to rezone properties to lower
densities. Town Attorney Karpinos noted that the courts were currently
considering whether water and sewer service can be required in a rural
transition zone.
Mayor Howes stated
that the program being discussed by the Council would serve as the cornerstone
of growth management for the Town. Mayor Howes said the proposed program rested
on the ability to do small area planning in a timely fashion. Mayor Howes
noted that he was personally impressed by the arguments of property owners at
the October 17th public hearing who said that rezoning was unnecessary. Mayor
Howes concluded his remarks by noting that the Planning Board had seen the
merits of small area plans.
Council Member
Andresen stated that there would be possible problems with timing of rezoning.
Council Member Andresen noted that the Town currently has limited commercial
and no industrially‑zoned areas. Mr. Waldon responded that most of the
areas proposed for rezoning are currently zoned R‑1 and R‑2.
Council Member Andresen inquired whether passage of Ordinance 1 was aimed at
reducing traffic congestion and other growth problems. Mr. Waldon said
implementation of the Manager's recommended program would grant staff
authority to monitor the adequacy of public facilities for individual
developments. Council Member Andresen said she would like to see additional
alternatives to address timing concerns. Council Member Wilkerson said he was
concerned about timing matters. Council Member Wilkerson stated that previous
councils have used rezoning as a last resort to control development.
Mayor Howes inquired
whether the staff had any additional ideas concerning timing, should the matter
be deferred. Town Manager Taylor said that no members of the Council appeared
to be comfortable with downzoning at this time. Town Manager Taylor said that
the staff could put together a proposed schedule, processes and proposed
staffing levels for the proposed growth management program.
Council Member
Preston inquired whether the item could be deferred until January. Town
Manager Taylor said this was not an unreasonable length of time to defer. Town
Attorney Karpinos said there were no statutory limits to prevent the deferral.
Council Member Werner
said that downzoning appeared to be the major issue capturing the Council's
attention this evening. Mayor Howes noted that action separate from downzoning
could be taken by the Council this evening. Council Member Andresen expressed
her preference for taking action on all items simultaneously.
Council Member
Pasquini stated that properties could be developed for their permitted uses,
regardless of small area plans. Council Member Pasquini said that downzoning
was the best growth management mechanism proposed by Town staff this evening.
Council Member
Preston suggested that small area plans could be developed incrementally
without the need for simultaneous rezoning. Council Member Preston inquired
whether downzoning would be in place for an indefinite time while rezoning
requests were approved. Mr. Waldon said no, noting that facility needs and appropriate
density patterns would be identified as a part of the small area plan and
rezoning processes.
Council Member
Preston inquired whether some parcels of land could remain zoned rural
transition for a long period of time. Mr. Waldon said this was possible.
Council Member
Godschalk said it was clear that the majority of the Council would not vote in
favor of the rezoning proposal. Council Member Godschalk stated that techniques
other than downzoning are needed as growth management mechanisms.
Mayor Howes said it
appeared that the Council was requesting that the Town Manager return at a
future date with new growth management mechanisms and a schedule for
implementation.
Council Member Werner
noted that a detailed schedule would not be necessary, adding that this matter
should not be left unresolved for a long time.
Town Manager Taylor
said he would strive to prepare a report for the December 12th Council meeting.
COUNCIL MEMBER
GODSCHALK MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO REFER THE MATTER TO
STAFF, REQUESTING THAT THE TOWN MANAGER PREPARE A SCHEDULE FOR IMPLEMENTATION
AND ALTERNATIVE GROWTH MANAGEMENT MECHANISMS. THE MOTION WAS ADOPTED
UNANIMOUSLY (9‑0).
Mayor Howes said that
the Council and concerned property owners had held a searching discussion on
this matter this evening and in recent weeks. Mayor Howes thanked all parties
for their interest and said the participatory approach would serve the Council
well in the future.
Noise Ordinance
Mayor Howes noted
that eight persons had indicated a desire to speak on the proposed noise
ordinance.
Public Safety
Director Cal Horton noted that the Noise Ordinance had been most recently
amended in February, 1987 to permit a maximum of seventy‑five decibels
on Friday and Saturday evenings. Mr. Horton noted that the Council‑appointed
Noise Committee was composed of twenty‑nine members, from a cross‑section
of community groups. Mr. Horton stated that the revision subcommittee recommended
in November, 1987 that slightly higher noise levels be permitted in the campus
area. The subcommittee report also suggested that the Police Department have an
active role in enforcement. In February, 1988, the monitoring committee reported
that the ordinance seemed to be working well. Mr. Horton stated that following
the departure of Ron Secrist, work on the noise ordinance appeared to have been
suspended for approximately eight months. Mr. Horton stated that some of the
revisions made in 1987 appeared to have provided relief in most neighborhoods.
Mr. Horton stated
that a petition recently received from residents in the Short Street/Pritchard
Avenue neighborhood requested that outdoor sound amplification permits be
prohibited. Mr. Horton noted that if this were not feasible, the residents requested
that the maximum decibel level be reduced from seventy‑five to fifty.
Mr. Horton noted that this approach was not recommended by the Town staff. Mr.
Horton added that the petitioners had recommended a 9 p.m. ending time for
outdoor events.
Town Manager Taylor
stated that the Police department should develop new noise standards when
individual permits are requested. Mr. Taylor stated that all parties could work
with the Dispute Settlement Center to work toward a consensus solution. Mr. Taylor
said his recommendation was to maintain the seventy‑five decibel maximum
in the campus area.
Council Member
Godschalk inquired further about the standards to be implemented by the Police
department. Town Manager Taylor said that there is some existing criteria for
noise permits which could be further refined in the future. Town Manager Taylor
said he could not be more specific about Chief Gold's specific criteria at
this time. Council Member Godschalk inquired whether permits would be issued
if all criteria were met. Mr. Taylor said this was correct.
Council Member
Preston suggested that applicants for noise permits should tell neighbors when
parties will begin and end. Town Manager Taylor noted that the idea of a notice
had been discussed. He added that this element did not necessarily need to be
in the noise ordinance. Public Safety Director Cal Horton stated that records
of compliance would be maintained, whereby past violators would not be issued
new permits. Mr. Horton said that reasonable review procedures could be
established over time. Council Member Andresen noted that some citizens were
concerned about types of noise other than amplified music. Council Member
Andresen suggested that the noise committee be reconstituted, with all parties
being given the opportunity to further discuss the noise ordinance and related
issues. Mr. Horton noted that regulation of some types of noise (such as car‑door
slamming) proved extremely difficult.
Mayor Howes asked the
pleasure of the Council on the eight persons who had requested to speak on the
noise issue. The Council agreed that speakers should try to limit their remarks
to one minute.
Margaret Taylor,
President of the Alliance of Neighborhoods, said she supported the concerns of
neighborhoods relative to the noise ordinance. Ms. Taylor said noise problems
are an ongoing concern for long‑term Town residents. Ms. Taylor stated
that the noise issue bears on the livability of neighborhoods. Ms. Taylor urged
the Council to adopt a strong noise ordinance.
Philip Pavlik said he
would like to see the work of the Noise Committee completed. Mr. Pavlik
inquired why the proposed ordinance recommended a night‑time decibel
limit equivalent to the daytime limit for industrial zones. Mr. Pavlik said
that another University town, Ann Arbor, Michigan, the home of the University
of Michigan, has a maximum fifty‑five decibel level.
C. Tom Nuzum said
that the 1987 noise ordinance standards were an improvement from previous
ordinances. Mr. Nuzum said that the source of noise, depending on weather
conditions, is up to one‑half mile away. Mr. Nuzum urged the Council to
adopt a stronger noise ordinance. Mr. Nuzum said that the right to privacy
overrode other concerns.
Mike Troy, owner of
He's Not Here Bar, said his establishment had lived with the seventy‑five
decibel limit since 1985. Mr. Troy stated that the complaints from Short and
Pritchard Street residents did not stem from his place of business. Mr. Troy
urged the Council and the noise committee to study the idea of maintaining the
campus as a separate noise district. Mr. Troy said that He's Not Here had lived
with the current noise regulations and been a model citizen.
Mike Burnet, Manager
of He's Not Here, expressed his concurrence with Mr. Troy's remarks.
Council Member
Wilkerson said that he and his family had lived in a house near He's Not Here.
Council Member Wilkerson said he and his family moved because of noise problems
in the area.
Mark Smith, President
of Lambda Chi Alpha fraternity, said that the current noise ordinance had been
attained after a series of compromises on the part of many parties. Mr. Smith
requested that the Council continue promulgation of the current noise ordinance.
David Godschalk, a
resident of 209 Pritchard Avenue, said that the current problem stemmed from
newer residents being unaccustomed to dealing with students. Mr. Godschalk
said he was confident that a happy medium could be achieved by the parties
communicating with one another.
Neal McKnight noted
that a recent meeting to discuss the noise situation in the Short
Street/Pritchard Avenue area had been attended by twenty student residents and
one other neighborhood resident. Mr. McKnight said a lack of communication had
been common throughout the process. Mr. McKnight expressed his belief that
communication could be renewed by reconstituting the Noise Committee.
Mayor Howes noted
that several persons had referred to the Noise Committee. He added that it
would be necessary to reconstitute the Committee if this approach were taken.
Council Member Preston said it was unfortunate that the final report of the Committee
was not available, since the Committee had represented a good cross‑section
of the community in troubleshooting the situation. Council Member Preston
suggested that the Noise Committee be reconstituted and come back to the
Council with a final recommendation on the noise ordinance. Council Member
Herzenberg concurred, requesting that a final report be furnished early in the
new year.
Council Member
Andresen suggested that the Council consider the resolution presented this
evening, particularly the noise standards. Council Member Preston suggested
that the Noise Committee could further investigate this matter.
Mayor Howes stated
that Public Safety Director Cal Horton had continued the work of Mr. Secrist
with the noise issue.
Council Member
Andresen said she was prepared to vote on the ordinance before the Council
this evening.
Council Member
Godschalk said that Council Member Preston's idea was a good one, which should
be followed. Council Member Preston added that she would like to see criteria
and standards specified.
Council Member
Wallace said nothing would be lost by reconstituting the Noise Committee.
Council Member Wallace suggested that all interested parties should be
represented on the committee.
COUNCIL MEMBER
PRESTON MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO RECONSTITUTE THE NOISE
COMMITTEE. THE MOTION FURTHER SPECIFIED THAT THE COMMITTEE WOULD RETURN TO THE
COUNCIL WITH ITS RECOMMENDATIONS PRIOR TO FINAL COUNCIL ACTION. THE MOTION WAS
ADOPTED UNANIMOUSLY (9‑0).
Open Space
Assistant Town
Manager Sonna Loewenthal stated that the resolution before the Council would
adopt guidelines for the use of $5 million of voter‑approved open space
bonds. Ms. Loewenthal said that on September 11th, the Council requested that
the Community Appearance, Greenways, and Parks and Recreation Commissions
establish a mutually agreeable series of guidelines for expenditure of the bond
monies. Ms. Loewenthal outlined the seven general priority categories and four
selection criteria for land acquisition. Ms. Loewenthal noted that all three
advisory , bodies recommended adoption of the guidelines.
Council Member
Godschalk inquired why entranceways had fallen to second priority on the
general priority category list. Ms. Loewenthal said the shift was made due to
concern with the availability of land. Ms. Loewenthal stated that entranceway
parcels can be preserved in ways that community parks can not. Ms. Loewenthal
also noted that community park parcels are also more difficult to acquire.
COUNCIL MEMBER
HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER GODSCHALK, TO ADOPT RESOLUTION 4.
THE MOTION WAS ADOPTED UNANIMOUSLY (9‑0).
A RESOLUTION ADOPTING
GENERAL PRIORITY CATEGORIES AND GENERAL CRITERIA TO BE USED AS GUIDELINES FOR
EVALUATING POTENTIAL LAND FOR PARKS, ENTRANCEWAYS, GREENWAYS, NATURAL AREAS,
AND SCENIC VISTAS, AND FOR FUTURE ACQUISITION OF THESE LANDS (89‑11‑13/R‑4)
WHEREAS, the Council
of the Town of Chapel Hill appointed the Appearance Commission, the Greenways
Commission, and the Parks and Recreation Commission to advise the Council on
matters related to parks and facilities, entranceways, greenways, natural areas,
and scenic vistas; and
WHEREAS, the 1989
Parks and Open Space Bond monies are designated to be used to acquire land for
these purposes; and
WHEREAS, the
Appearance Commission, the Greenways Commission, and the Parks and Recreation
Commission have reviewed Town staff and citizen studies and reports regarding
the various needs for open space in Chapel Hill;
NOW, THEREFORE, BE IT
RESOLVED by the Council of the Town of Chapel Hill that the Council commends
the Appearance Commission, the Greenways Commission, and the Parks and
Recreation Commission for their efforts in recommending general priority
categories and general criteria for considering potential open space land; and
BE IT FURTHER
RESOLVED that the following general priority categories and general criteria
be used as guidelines by the Council in the formal evaluations of potential
land for parks, entranceways, greenways, natural areas, and scenic vistas, and
for the future acquisition of these lands:
General Priority
1. A community park site (20‑100 acres) on
the eastern side of Town.
2. Key entranceway parcels along N.C. 54 East,
N.C. 86 North, U.S.15‑501 South, N.C. 54 Bypass West, U.S. 15‑501
North, and Laurel Hill Parkway.
3. Key greenway parcels to complete major
segments in the master plan for greenways, generally following priorities of
Booker Creek, Bolin Creek, and Battle Branch.
4. Neighborhood parks in the two neighborhood
planning districts where available sites are most limited.
5. Natural areas which have been identified as
being the most vulnerable to development.
6. Neighborhood parks in the three remaining
neighborhood planning districts which were identified in the 1989 Community
Facilities Report.
7. Key entranceway parcels that are not
obtainable through the development review process or through provisions in the
buffer requirements in the Development Ordinance, generally following the
priorities found in #2 above.
General Criteria
1. Preference should be given to parcels that
meet more than one program objective (e.g. a park site that includes greenways
and/or entranceways).
2. Acquisition by donation, partial gift,
dedication of easement, or acquisition of development rights, as well as by fee
simple, should be considered.
3. Any acquisition should meet clearly
identified objectives of a Town‑approved program.
4. The Council should ultimately determine the
most favorable market opportunities as they occur, and will therefore
determine the actual sequence of these purchases. The specific types of land
purchased, as well as the sequence by which they are purchased, may differ from
the suggested priority category list.
This the 13th day of
November, 1989.
Library Committee
Mayor Howes presented
a report on behalf of the Library Committee. Mayor Howes noted that Council
Members Herzenberg and Pasquini also serve on the committee. Mayor Howes
acknowledged the attendance of Library Board members Zora Rashkis, Everett
Emerson and Lisa Price, and Library Director Kathleen Thompson.
Mayor Howes stated
that a future library site had been acquired at the corner of Estes Drive and
Franklin Street. Mayor Howes noted that
a need for a forty thousand square foot facility had been identified by the project
architect Josh Gurlitz. Mayor Howes
said that errors had been made in estimates during 1986, when the building cost
had been estimated to be approximately $3 million. Mayor Howes said there had
been a considerable mismatch between money available and that actually needed.
Mayor Howes said it would be unfair to the community to build a facility
smaller than what was actually needed. To this end, Mayor Howes said a private
consultant was commissioned to evaluate the potential for private fund‑raising.
Mayor Howes concluded
his remarks by noting that the Library Committee recommends proceeding with
planning for a larger library facility. Mayor Howes added that the need for a
future bond issue is anticipated. Mayor Howes said the timing of a bond issue
remained a subject for discussion, noting that the Library Committee had
passed a resolution recommending that the library bond referendum be held in
May, 1990.
Ms. Loewenthal noted
that the library building consultant, HBW, concluded that a library building of
sixty thousand square feet would ultimately be needed by 2010. Ms. Loewenthal
stated that American Library Association guidelines suggest that the Town
currently needs twenty‑four thousand square feet of library building
space. Ms. Loewenthal added that if current furniture and equipment is moved to
the new facility, it would be possible to construct a twenty‑eight
thousand square foot facility.
Ms. Loewenthal noted
that partial work on design development had been completed. Ms. Loewenthal
added that the special use permit for the site could be submitted by the end of
April, 1990, if necessary. Ms. Loewenthal said that the need for redesign and review
time could be minimized, with bids let in April, 1991 and occupancy possibly
occurring as soon as mid‑1993. Ms. Loewenthal stressed the importance of
allowing community input into the design of the facility.
Council Member
Preston inquired whether a forty‑seven thousand square foot building
would be adequate for the Town's need in the year 2000. Ms. Loewenthal said
yes, if projections were correct. Council Member Preston inquired what
activities would occur between 2000 and 2010. Ms. Loewenthal stated that
financing and building would take place in this time period. Council Member
Preston inquired whether costs could be trimmed by eliminating schematics.
Council Member Preston also pondered about the final conceptual phase of the
project. Mayor Howes said that no final decisions had been made about the final
phase of the project. Ms. Loewenthal noted that the building program was
flexible, allowing for future building expansions. Ms. Loewenthal noted that
eliminating schematics would not result in cost savings.
Ms. Loewenthal stated
that the Town has high per capita usage of the library facility, adding that it
is not practical not to build enough space. Ms. Loewenthal advised that it was
best to hold bond referendums on more than one item at a time, in order to
comprehensively assess all community needs at one time. Ms. Loewenthal noted
that the staff recommends a November bond referendum, since this would permit
overall Town capital planning. Ms. Loewenthal said that the recognition of the
library as a well‑known, important landmark in the Town, coupled with
difficulty of converting the building to a residential use, would make resale
of the building both difficult and undesirable. Ms. Loewenthal stated that the
long‑term desirable use for the current library would be for Town‑related
business.
Council Member Werner
inquired about the appraisal value of the library building. Ms. Loewenthal said
this was difficult to pinpoint. Council Member Preston noted that smaller
homes in the area sell for approximately $400,000.
Council Member
Godschalk inquired about the composition of membership of the American Library
Association. Ms. Loewenthal said that the group is composed primarily of
librarians.
Council Member
Godschalk inquired what building standards are based upon. Ms. Thompson said
population is the principal determinant. Mayor Howes noted that the Library
Committee had used more than American Library Association standards in reaching
its recommendations. Mayor Howes noted that the Library Committee envisions the
library facility as an information center for the community.
Council Member
Godschalk stated that the American Library Association is an interest group
with vested interests. Council Member Godschalk said the proposed ultimate size
of ?he facility appeared to be staggeringly large. Council Member Andresen inquired
whether the City and County of Durham met American Library Association
standards. Council Member Andresen further inquired whether the Town was going
beyond what other communities do in terms of building a library facility. Ms.
Thompson responded that other academic communities had been examined and found
to have similar facilities to those proposed by the Town. Council Member
Andresen inquired whether any analysis of future additional operating costs
had been performed. Ms. Thompson responded that additional annual operating
costs of $200,000 to $400,000 were anticipated in the new facility. Council
Member Andresen inquired whether there had been any discussion of Orange County
and other jurisdictions assisting with library costs. Mayor Howes said yes.
Council Member
Wallace noted that a November bond referendum would be approximately one year
away. Council Member Wallace said he had heard considerable criticism about the
time that has already lapsed on this process. Council Member Wallace stated
that the sooner a public hearing is held on the library facility, the better
off all parties will be.
Council Member
Godschalk said that the capital planning process is at issue. Council Member
Godschalk stated that boards and commissions advocate their own interests, with
the Council balancing board and commission bond referendum
recommendations. Council Member
Godschalk said that the library bond referendum should be considered in
November, when other issues are considered.
Council Member
Herzenberg noted that the new library building had been requested in 1980‑81,
with $4 million of bonds being approved in 1986. Council Member Herzenberg
said he concurred with Council Member Wallace's suggestion that the bond
referendum be held in the spring of 1990.
Council Member Werner
said Council Members Herzenberg and Wallace had made good arguments, but
November appeared to be a better alternative. Council Member Werner noted that
the size of the required library facility had been misjudged at the first bond
referendum. Council Member Werner said the six months between May and November
would give everyone a better sense of costs and needs. Council Member Werner
also suggested that the Council ought to take advantage of having the library
on a bond referendum ballot.
Council Member
Preston said she believed that a bond referendum vote on the library would be
jeopardized if it were held any later than May, 1990. Council Member Preston
expressed concern about the current economic climate, adding that the library
project needed to be initiated as soon as possible.
Council Member
Pasquini said the project consultant had been asked to design a state‑of‑the‑art
library during the building program process. Council Member Pasquini said it
was distressful to think that the bond referendum had been passed but that the
library would not be built within seven years time. Council Member Pasquini
said the facility should begin as soon as possible, with the bond referendum to
occur in November, 1990 or later.
Council Member
Andresen said she did not favor May bond referendums, since they do not
reflect the community sentiment. Council Member Andresen added that capital
needs other than the library are currently under consideration. Council Member
Andresen suggested that a Citizen Task Force could be established, as in the
past, to assist with bond referendum passage.
Council Member
Preston inquired why a $3 million bond referendum was being proposed when only
$2.71 million was needed for the project. Town Manager Taylor stated that costs
are bound to increase in the future, necessitating contingencies.
Mayor Howes noted
that the building program would drive the process. Mayor Howes added that the
Library Committee had decided it wanted to stick by the building program.
Council Member
Wallace stated that some of the arguments being used by other Council members
are reversible. Council Member Wallace noted that some Council members had
suggested not holding an open space bond referendum at all in 1989. Council
Member Wallace said it was critical to understand the feelings of citizens
concerning the library facility as soon as possible.
Council Member
Wallace said holding the referendum in May would be safer than waiting until
November.
COUNCIL MEMBER WERNER
MOVED, SECONDED BY COUNCIL MEMBER WILKERSON, TO ADOPT RESOLUTION 5D, DIRECTING
THE TOWN MANAGER TO PL?N A BOND REFERENDUM FOR NOVEMBER, 1990. THE MOTION WAS
ADOPTED BY A VOTE OF 6‑3, WITH COUNCIL MEMBERS PRESTON, HERZENBERG AND
WALLACE VOTING NO.
A RESOLUTION
DIRECTING THE MANAGER TO PREPARE PRELIMINARY DESIGN WORK AND AN APPLICATION FOR
A SPECIAL USE PERMIT AND TO INCLUDE A NOVEMBER 1990 LIBRARY BOND REFERENDUM IN
1990‑95 CIP (89‑11‑13/R‑5d)
WHEREAS, the
residents of the Town of Chapel Hill use their Public Library more than the
residents of any other town in North Carolina; and
WHEREAS, the present
library building of 12,800 square feet is too small for the present operations;
and
WHEREAS, American
Library Association minimum standards recommend a 24,000 square foot library to
adequately accommodate our present population, and an expansion to 47,000
square feet would be needed to accommodate our projected 2000 population; and
WHEREAS, American
Library Association minimum standards further recommend that a library of
64,000 square feet will be needed by this community by about 2010; and
WHEREAS, careful
research and study by the Library Committee and staff produced a library
building program recommending construction of 47,000 square feet in Phase I to
accommodate both expanded existing services and the addition of services not
currently provided; and
WHEREAS, our
architect estimates that the cost of a 47,000‑square‑foot building,
if built now, would cost approximately $7.95 million; and
WHEREAS, the present
resources available for the project total $5.23 million; and
WHEREAS, the voters
of Chapel Hill in 1986 approved a bond referendum to issue $4.0 million of
General Obligation bonds to build a library; and
WHEREAS, a 1989
Fundraising Feasibility Study noted that 94? of those surveyed think the
library is "very important" to the community and that 90% think the
library is "important to the Town's future;" and
WHEREAS, the use of
bond financing makes capital available and allows the cost of major facilities
to be shared by future users; and
WHEREAS, the Town's
annual update of its 5‑year Capital Improvements Program includes
consideration of all major capital needs and resources with which to fund them;
and
WHEREAS, the 1989‑94
Capital Improvements Program includes discussion of November 1990 referenda
for street improvements bonds ($8 million), parks and open space bonds ($4
million) and housing bonds ($2 million); and
WHEREAS, the Council
and the community should be able to consider any major capital need in the
context of all other identified capital needs;
NOW, THEREFORE, BE IT
RESOLVED by the Council of the Town of Chapel Hill that it is appropriate for
the voters of Chapel Hill to express themselves on the question of the Town's
issuing supplemental bonds for the construction of the first phase of the new
library.
BE IT FURTHER
RESOLVED that the 1990‑95 Capital Improvements Program process should
include public discussion of a supplemental library bond issue along with
discussion of the Town's other capital needs.
BE IT FURTHER
RESOLVED that the Manager is authorized to include a November 1990 referendum
for $3 million of library bonds in the Preliminary 1990‑95 Capital
Improvements Program.
BE IT FURTHER
RESOLVED that the Manager is authorized to direct the architects to prepare
conceptual plans and an application for a Special Use Permit for a library of
approximately 64,000 square feet, with the size of each phase being flexible
until after November 6, 1990.
This the 13th day of
November, 1989.
COUNCIL MEMBER
HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADOPT RESOLUTION 6.
THE MOTION WAS ADOPTED UNANIMOUSLY (9‑0).
A RESOLUTION
ESTABLISHING A DESIGN PROCESS AND SCHEDULE FOR THE NEW LIBRARY (89‑11‑13/R‑6)
WHEREAS, the Council
of the Town of Chapel Hill wishes to provide opportunity for citizens and advisory
groups to be involved in the design process for the new library and Pritchard
Park; and
WHEREAS, the Council
has appointed a Library Committee to work with the architects during the design
process; and
WHEREAS, the Council
has appointed the Library Board of Trustees, the Parks and Recreation
Commission, and the Greenways Commission to provide advice; and
WHEREAS, plans for
the library and park must receive a Special Use Permit from the Council; and
WHEREAS, the Council
will review plans for the library and park both in its capacity as owner and in
its capacity as regulator;
NOW, THEREFORE, BE IT
RESOLVED by the Council of the Town of Chapel Hill that the Council hereby
adopts the following process and approximate schedule for the design of the new
library and park:
DESIGN PROCESS AND SCHEDULE
Stage Weeks Start
Program Analysis:
Architects, Library
Committee, Staff 4 11/1/89
Schematic Design
Production for site and
building: Architects 8 11/29/89
Review of Schematic
Design: Library Committee,
Council,
Advisory Boards, Public, Staff 6 1/24/90
Partial
Design Development: Architects 6 3/14/90
Special
Use Permit Application Process 32 4/25/90
Partial
Design Development: Architects 6 12/5/90
Review of Design
Drawings: Library Committee,
HBW, Advisory Boards, Staff 5 1/16/91
Contract
Documents Production: Architects 16 5/8/91
Review
of Contract Documents: Staff 2 5/22/91
Bid and Negotiation
Process: Architects,
Staff 8 5/22/91
Bid Award: Council 7/8
or 8/19/91
This is the 13th day
of November, 1989.
Council Member
Godschalk said he did not like the vagueness of the resolution before the
Council concerning future Town usage of the library facility. Council Member
Godschalk said he would like to see the facility used as a senior activity
center or similar use. Mayor Howes said the resolution before the Council was
not confining, since no final decision was currently being made. Council Member
Werner said he was unclear why the resolution was being offered at this time.
Mayor Howes said some
members of the Library Board of Trustees had suggested selling the library
building once the new facility is opened for use. Mayor Howes stated it was
unlikely that the building could be sold for a high enough price to close the
current funding gap. Mayor Howes said the resolution, if adopted, would be
viewed as a statement of broad Council policy.
Town Manager Taylor
said the intent of the resolution is to maintain the library building in the
Town's inventory of buildings. He noted that the facility could possibly be
used as a Parks and Recreation headquarters building, with the entrance portion
of the building continuing to serve as a reading room. Town Manager Taylor
added that space in the building could be used for meeting rooms for community
organizations, historical exhibits and other miscellaneous activities.
Council Member
Pasquini said passage of the resolution appeared to be very premature.
Council Member
Herzenberg said the resolution was on the agenda to overcome perceptions that
the library building will be sold or continue to be used as a library facility.
Mayor Howes added that the Town owns the building and will determine its future
use.
Council Member Werner
said that since a future Council will determine the use of the building,
passage of the resolution seemed useless.
Council Member
Godschalk said there is great concern in the community about the future of the
library building. Council Member Godschalk said that the building will be
symbolically preserved in the future.
COUNCIL MEMBER
PRESTON MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION
7. THE MOTION WAS ADOPTED BY A VOTE OF
6‑3, WITH COUNCIL MEMBERS PASQUINI, WALLACE AND WERNER VOTING NO.
A RESOLUTION TO REUSE THE PRESENT LIBRARY BUILDING FOR TOWN PURPOSES (89‑11‑13/R‑7)
WHEREAS, the present Library building is a Town landmark which has come to be appreciated by many Chapel Hill residents for its architecture, grounds and ambience; and
WHEREAS, the library building is located in the Historic District; and
WHEREAS, the library building is located in the R‑2 zoning district, a district which allows primarily single and two‑unit residential and related uses, churches, public cultural facilities (such as libraries and museums), public use facilities (such as Town offices and fire stations), schools and accessory uses; and
WHEREAS, future rezoning of this property is unlikely, given the nature of the surrounding neighborhoods; and
WHEREAS, the resale value of the building would be severely restricted by the R‑2 and Historic District regulations; and
WHEREAS, many Town functions are currently crowded into space inadequate to serve the public;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the present library building be retained by the Town and used for Town purposes.
This is the 13th day of November, 1989.
Rescheduling
of December 11, 1989 Council Meeting
COUNCIL MEMBER WALLACE MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO ADOPT ORDINANCE 3. THE MOTION WAS ADOPTED UNANIMOUSLY (9‑0).
AN ORDINANCE AMENDING SECTION 2‑3 (REGULAR MEETINGS OF THE COUNCIL) OF THE TOWN CODE (89‑11‑13/0‑3)
BE IT ORDAINED by the Council of the Town of Chapel Hill that the calendar of regular meetings in 1989 is temporarily amended as follows:
The December 11 meeting is rescheduled to December 12.
This the 13th day of November, 1989.
Nominations
for Parks and Recreation Commission
Council Member Preston proposed that all names before the Council be placed into nomination for consideration at the Council's November 3Oth meeting. Council Member Werner noted that he had recruited Tony Hatcher to serve on the Parks and Recreation Commission. Council Member Werner stated that Mr. Hatcher has three children and would be a good candidate to fill the vacancy.
Property
and Business Interest Disclosure Ordinance
Town Attorney Karpinos briefly reviewed the effect of the ordinance requiring disclosure of property interests by the Council.
Council Member Preston said she felt sad about having to place this item on the Council's agenda. Council Member Preston noted that it was sad to have to legislate ethical behavior. Council Member Preston stated that she had nothing to hide and would vote in favor of the ordinance. Council Member Preston concluded her remarks by saying she hoped that the requirement for business and property disclosure would not prevent qualified candidates from running for Council in the future. Council Member Godschalk observed that there were a number of other constraints which prevent some persons from running for Council.
COUNCIL MEMBER PASQUINI MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT ORDINANCE 4. THE MOTION WAS ADOPTED UNANIMOUSLY (9‑0).
AN ORDINANCE REQUIRING DISCLOSURE OF REAL PROPERTY AND BUSINESS INTERESTS BY THE MAYOR AND MEMBERS OF THE COUNCIL OF THE TOWN OF CHAPEL HILL (89‑11‑13/0‑4)
BE IT ORDAINED by the Council of the Town of Chapel Hill that a new Article III, Chapter 2 of the Town Code is hereby added as follows:
ARTICLE III. DISCLOSURE OF PROPERTY AND BUSINESS INTERESTS
Section 2‑49. Property disclosure.
The Mayor and every member of the Town Council of the Town of Chapel Hill shall disclose any legal, equitable, beneficial or contractual interest he/she or his/her spouse may have in any real property within the Chapel Hill corporate limits, the Town's extraterritorial planning jurisdiction and the Town of Chapel Hill transition area, as established by the Orange County/Carrboro/Chapel Hill Joint Planning Agreement adopted pursuant to Chapter 233, 1987 Session Laws. The real property which must be disclosed includes all real property which the Mayor or any member or his/her spouse holds title to, individually or jointly, any real property held in trust as well as any pecuniary interest he/she may have in any business, firm, or corporation of whatever nature, which holds title to or has any ownership interest in any real property within the Chapel Hill corporate limits, the Town's extraterritorial planning jurisdiction and the Town of Chapel Hill Transition Area, as established by the Orange County/Carrboro/Chapel Hill Joint Planning Agreement adopted pursuant to Chapter 233, 1987 Session Laws. Such disclosure shall contain the general location of the real property, but need not include its value.
Section 2‑50. Disclosure of business interests.
The Mayor and every member of the Town Council of the Town of Chapel Hill shall disclose any legal, equitable, beneficial or contractual interest he/she may have in or with any business, firm, or corporation, of whatever nature, which is doing business with the Town of Chapel Hill pursuant to contracts which have been awarded by the Town of Chapel Hill.
The Mayor and every member of the Town Council of the Town of Chapel Hill shall disclose any legal, equitable, beneficial or contractual interest he/she may have in any business, firm, or corporation, of whatever nature, which is attempting to secure the award of a bid from the Town of Chapel Hill or the approval of any board or agency of the Town of Chapel Hill.
An interest of less than ten percent of the stock of a corporation or less than ten percent ownership in any other business entity shall not constitute an interest requiring disclosure.
Section 2‑51. Reporting required.
The disclosures required by this Article shall be in writing and filed with the Chapel Hill Town Clerk.
The written disclosures required by this Article shall be made within the following time periods which are applicable:
(1) the later of 30 days after the effective date of this title or 30 days after the elected official has assumed office;
(2) the earlier of 30 days of the acquisition of any legal, equitable, beneficial 'or contractual interest in the property or business, firm, or corporation required to be disclosed in Sections 2‑49 and 2‑50 or prior to the award by the Town of a contract with or a permit or other approval to a business, firm, or corporation required to be disclosed in Section 2‑50.
Section 2‑52. Disqualification from voting.
Subject to the limitations contained in this section, if the Mayor or any Council Member has an interest required to be disclosed by this title he/she shall disqualify himself/herself from voting on any matter involving any such interest which comes for official action before the Town Council of the Town of Chapel Hill. The following interests do not require disqualification:
(1) interest in real property which must be disclosed in Section 2‑49 provided the issue before the Town Council is one of policy that affects the real property disclosed no differently than all other property similarly situated.
(2) an interest in business, firm, or corporation which is negligible from the point of view of the operation of the business, firm, or corporation.
This the 13th day of November, 1989.
Consent
Agenda
COUNCIL MEMBER PASQUINI MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT THE CONSENT AGENDA AS PRESENTED. THE MOTION WAS ADOPTED UNANIMOUSLY (9‑0).
A RESOLUTION ADOPTING VARIOUS RESOLUTIONS (89‑11‑13/R‑8)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the resolutions as submitted by the Manager in regard to the following:
a. Approving interest rate for sale of general obligation bonds (R‑9).
b. Bids for telephone equipment (R‑10).
c. Release of N.C. Economic Development funds to the Triangle J Council of Governments (R‑11).
This the 13th day of November, 1989.
A RESOLUTION APPROVING THE INTEREST RATE ON $5,000,000 IN GENERAL OBLIGATION BONDS SOLD ON OCTOBER 31 (89‑11‑13/R‑9)
WHEREAS, the Local Government Commission of North Carolina has informed the Council of the Town of Chapel Hill that it has sold "Bonds"), and that the contract of sale contemplates that the Bonds shall bear interest as hereinafter provided;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill, as follows:
1. The Bonds shall bear interest as follows:
bonds payable in each of the years 1991 and 1992, 6.20% per annum;
bonds payable in the year 1993, 6.40% per annum;
bonds payable in each of the years 1994 to 2006, inclusive, 6.50% per annum; and
bonds payable in the year 2007, 6.60% per annum.
2. This resolution shall become effective upon its adoption.
This the 13th day of November, 1989.
A RESOLUTION ACCEPTING A BID AND AWARDING A CONTRACT FOR THE PURCHASE OF AN ELECTRONIC KEY TELEPHONE SYSTEM FOR THE POLICE DEPARTMENT (89‑11‑13/R‑10)
WHEREAS, The Town of Chapel Hill has solicited formal bids by legal notice in The Chapel Hill Newspaper on September 17, 1989 in accordance with G.S. 143‑129 for the purchase of an electronic key telephone system; and
WHEREAS, the following bids have been received and opened on October 4, 1989 as follows:
Vendor Total Price
Atcom, Inc. $15,930.00
Business Communications, Inc. $19,395.00
AIM Telephones, Inc. $21,733.50
GTE South, Inc. $23,193.37
Executone Information Systems, Inc. $23,571.00
Syscom, Inc. $24,840.00
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town rejects the low bid of Atcom, Inc., in the amount of $15,930.00 as nonresponsive and accepts the bid of Business Communications, Inc., in the amount of $19,395.00 as the lowest responsive bidder.
This the 13th day of November, 1989.
A RESOLUTION AUTHORIZING RELEASE OF ECONOMIC DEVELOPMENT FUNDS (89‑11‑13/R‑11)
WHEREAS, in North Carolina the Lead Regional Organizations, as voluntary organizations serving municipal and county governments, have established productive working relationships with the cities and counties across the State; and
WHEREAS, many counties and cities continue to need assistance in pursuing economic and community development opportunities, but federal assistance in the form of intergovernmental revenues has been severely curtailed in recent years; and
WHEREAS, the 1989 General Assembly has again recognized this need through the appropriation of $990,000 each year of this biennium to help the Lead Regional Organizations assist local governments with grant applications, economic development, community development, support of local industrial development and other activities as deemed appropriate by their local governments; and
WHEREAS, these funds are not intended to be used for payment of members' dues or assessments to a Lead Regional Organization or to supplant funds appropriated by the member governments; and
WHEREAS, in the event that a request is not made by a unit of government for release of these funds to our Regional Council, the available funds will revert to the State's General Funds; and
WHEREAS, in Region J funds in the amount of $55,000 will be used to carry out the economic development plan approved by the COG Board of Delegates and especially to improve the economy of the counties and towns of the Region by strengthening ties to and consequently benefits of the Research Triangle Park;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town of Chapel Hill requests the release of its $3,393.00 share of these funds to the Triangle J Council of Governments at the earliest possible time in accordance with the provisions of Chapter 500 of the 1989 Session Laws (SB 43).
This the 13th day of November, 1989.
Recess
of Meeting to November 21, 1989
COUNCIL MEMBER PASQUINI MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO ADOPT RESOLUTION 12, RECESSING THE COUNCIL MEETING UNTIL NOVEMBER 21, 1989, SUBJECT TO AN EXECUTIVE SESSION FOLLOWING THE MEETING. THE MOTION WAS ADOPTED UNANIMOUSLY (9‑0).
The meeting stood adjourned at 10:58 p.m.