MINUTES OF A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE

    TOWN OF CHAPEL HILL, MONDAY, JANUARY 8, 1990, 7:30 P.M.

 

Mayor Howes called the meeting to order.

 

Council Members in attendance were:

 

          Julie Andresen     Nancy Preston

          Joyce Brown        Alan Rimer

          Joe Herzenberg     Arthur Werner

 

Mayor Howes noted that Council Members Wilkerson and Wallace were absent excused, since Council Member Wilkerson was on military leave and Council Member Wallace was ill.

 

Also in attendance were: Assistant to the Mayor Lisa Price, Stu­dent Liaison to the Town Council Bill Hildebolt, Interim Town Manager Sonna Loewenthal, Assistant Town Manager Florentine Mill­er, Planning Director Roger Waldon and Town Attorney Ralph Karpinos.

 

Recognition of Retiring Town Employees

 

Mayor Howes called forward Arthur Summey and Everett Lloyd to be recognized by the Council. Retiring Town employee Earl Allison was unable to attend the ceremony.

 

Mayor Howes congratulated Mr. Summey for his thirty years of ser­vice with the Police Department. Mr. Summey accepted a recogni­tion plaque from Mayor Howes.

 

Mayor Howes noted that Chief Everett Lloyd had brought great dis­tinction to the Town during his service. Mayor Howes presented a recognition plaque to Chief Lloyd. Chief Lloyd thanked the cur­rent and past Mayors and Councils and the citizens of the Town for their support during his tenure.

 

Petitions

 

David Rooks stated that one of his clients had applied for a dem­olition permit in the proposed Cameron‑McCauley Historic Dis­trict. Mr. Rooks requested a clarification of the status of the proposed district. Council Member Preston stated that the Coun­cil was still considering the possibility of establishing a dis­trict. Mr. Rooks inquired whether the Council was still consid­ering its original proposal or other alternatives. Mayor Howes responded that at its January 6th retreat, the Council had decid­ed to direct the Historic District Commission to work with neigh­borhood residents to formulate an acceptable historic district proposal. Mr. Rooks encouraged the Council to move ahead as quickly as possible in this matter.

 

Mayor Howes proposed that the Council not act on the South Colum­bia Street alternatives item this evening. Mayor Howes suggested that the Council hold a public hearing on Tuesday, January 16th, with Council action scheduled to occur on Tuesday, January 23rd.

 

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO HOLD A PUBLIC HEARING ON TUESDAY, JANUARY 16 AND ANTICIPATED FINAL ACTION ON JANUARY 23, RELATIVE TO THE CONSIDERATION OF SOUTH COLUMBIA STREET ALTERNATIVES. THE MOTION WAS ADOPTED UNAN­IMOUSLY (7‑0).

 

Sarah Buckley and Bob Wells presented a petition signed by over one thousand persons, requesting that light rail systems be in­vestigated as an alternative to highways and transportation loops. Ms. Buckley said the petition was launched at the grass roots level, with Chapel Hill leading the way in the effort.

 

Council Member Werner inquired about the most appropriate body for referral of the petition. Mayor Howes stated that a regional transportation planning body such as the Triangle Transportation Authority would appear most appropriate.

 

Bill Bracey, Conservation Chair of the Research Triangle Sierra Club, urged the Council to indicate their support of non‑highway transportation bills to their local legislators.

 

Mayor Howes commended the efforts of all persons involved in gathering signatures supporting mass transit alternatives.

 

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO DIRECT MAYOR HOWES TO REQUEST THAT THE TRIANGLE REGIONAL TRAN­SIT AUTHORITY UNDERTAKE A STUDY OF LIGHT RAIL ALTERNATIVES. THE MOTION WAS ADOPTED UNANIMOUSLY (7‑0).

 

Greg Gangi, Regional Local Issues Chair of the Research Triangle sierra Club, reiterated the need for the studying public trans­portation alternatives.

 

Council Member Preston requested that agenda item #9 be removed from the Council's agenda this evening, in order that the Human Services Advisory Board and Parks and Recreation Commission could examine the proposed guidelines.

 

COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO DEFER COUNCIL CONSIDERATION OF PROCEDURES FOR THE ALLOCATION OF HUMAN SERVICES AND VISITOR INFORMATION/CULTURAL EVENTS FUNDING, PENDING COMMENTS FROM THE HUMAN SERVICES ADVISORY BOARD AND PARKS AND RECREATION COMMISSION. THE MOTION WAS ADOPT­ED UNANIMOUSLY (7‑0).

 

Minutes of November 30, December 4, 12 and 13, 1989

 

Council Member Andresen requested one modification to the minutes of November 30, 1989.

 

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADOPT THE MINUTES OF NOVEMBER 30TH AS AMENDED. THE MOTION WAS ADOPTED UNANIMOUSLY (7‑0).

 

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO Adopt THE MINUTES OF DECEMBER 4TH. THE MOTION WAS ADOPTED UNANIMOUSLY (7‑0).

 

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO ADOPT THE MINUTES OF DECEMBER 12TH AND 13TH. THE MOTION WAS ADOPTED UNANIMOUSLY (7‑0).

 

Rocky Hill Master Plan

 

Planning Director Roger Waldon stated that this evening's consid­eration of the Rocky Hill Master Plan was a continuation of the November 20th public hearing on the application. Mr. Waldon not­ed that the Council could receive further evidence and testimony, and take final action if desired.

 

Mr. Waldon stated that the proposed site consists of one hundred and twelve acres on the north side of Weaver Dairy Road and bounding Sunrise Road on the west. Mr. Waldon showed an area map and the proposed master site plan. Mr. Waldon said that the staff memorandum before the Council responded to the concerns of citizens and the Council which had arisen to date. Mr. Waldon observed that sight distances along Weaver Dairy Road, particu­larly at Cedar Falls Park, need to be improved. Mr. Waldon con­cluded his remarks by noting that the Planning Board, Transporta­tion Board and Interim Town Manager all recommended approval of the Rocky Hill Master Plan with conditions.

 

Council Member Andresen inquired about the proposed road connec­tions to Chandler's Green subdivision. Mr. Waldon clarified the proposed connections. Council Member Andresen asked whether it was possible to require developer contributions for roadway im­provements. Mr. Waldon noted that it was quite clear from recent litigation that the Town could not require the acquisition of adjoining (off‑site) property for roadway improvements. Mr. Waldon further noted that required improvements must be tied to anticipated impacts of the development.

 

Council Member Preston inquired when Chandler's Green subdivision was constructed and when the second phase of the project would be completed. Mr. Waldon responded that there were no constraints on when the second phase would be completed. Mr. Waldon added that most of the homes in Chandler's Green had been completed in the past one or two years.

 

Council Member Werner requested further clarification of the ju­risdiction of the proposed Rocky Hill development. Mr. Waldon stated that a portion of the tract is located in the Town's extraterritorial jurisdiction, with the balance located in the joint planning and transition area. Council Member Werner in­quired whether Orange County would comment on the portion of the tract located in the joint planning and transition areas.  Mr. Waldon said no.

 

Council Member Werner inquired when Rocky Hill would be annexed by the Town, if the master plan application were approved by the Council. Mr. Waldon stated that this would be contingent upon whether the annexation were initiated by the property owner or the Town.

 

Council Member Werner inquired how the sight distance problems on Weaver Dairy Road might be addressed. Mr. Waldon stated that the possibility of trimming trees in the Cedar Falls Park area of Weaver Dairy Road could be investigated.

 

Council Member Werner noted that Weaver Dairy Road improvements tied to the Chesley subdivision were essentially complete. Coun­cil Member Werner inquired about the anticipated roadway improve­ments on the north side of Weaver Dairy Road. Mr. Waldon noted that five lane sections, along with sidewalks, would be required along some portions of Weaver Dairy Road.

 

Council Member Brown inquired about the projected prices of hous­ing in the Rocky Hill development. Mr. Waldon said that the mat­ter of housing prices had not been dealt with in the staff's mem­orandum. He suggested that Mr. Hakan could better respond to this question.

 

Joe Hakan, the developer's representative, expressed concurrence with the Manager's recommendation and conditions of approval.

 

Mayor Howes noted that the Interim Town Manager recommended the adoption of Resolution A to the Council, approving the proposal with conditions.

 

Mayor Howes requested that persons who wished to testify and had not been previously sworn, come forward to be sworn by the Town Clerk.

 

James Gilliam expressed concern that Rocky Hill would be devel­oped at approximately 6.25 units per acre. Mr. Gilliam said he would like to see consistent development in his neighborhood. Mr. Gilliam stated his belief that the developers of Rocky Hill were trying to get every dollar out of their development at the expense of adjoining property owners.

 

Richard Cohan said he was not opposed to the Rocky Hill, but had ‑ some basic concerns about the application. Mr. Cohan expressed concern that the Town Manager's report did not provide adequate explanations for recommended courses of action. Mr. Cohan also expressed concern that area traffic surveys had been conducted during school holiday periods. Mr. Cohan stated that his princi­pal concern was that proposed developments fit in with the exist­ing neighborhood.

 

Bert O'Malley said he opposed the Rocky Hill development since too much power was being given to unknown future developers of the property. Mr. O'Malley also stated that the density of resi­dences was too great for buildable site acreage and area road­ways. Mr. O'Malley stated that the two proposed uncontrolled main exits would present traffic hazards to residents of the ar­ea. Mr. O'Malley noted that higher density in the area and addi­tional traffic on Weaver Dairy Road would slow the responsiveness of fire‑fighting equipment. Mr. O'Malley said he would not op­pose the Rocky Hill application if its density were reduced and the amount of commercial square footage were likewise decreased.

 

Nina Cohan, a resident of the Chandler's Green subdivision, stat­ed that she had several concerns about the proposed Rocky Hill development, including: buffers, adequate transition, traffic mitigation, drainage, fire protection responsiveness and school overcrowding. Ms. Cohan stated that opinions, rather than facts, were used in the Town Manager's report on the Rocky Hill applica­tion. Ms. Cohan inquired why it was not practicable to leave the resource conservation district in place. Ms. Cohan further asked why it was acceptable to deviate from the Town's Comprehensive Plan objectives. Ms. Cohan stated that she and her family had moved to Chapel Hill from New York to enjoy the area's quality of life. Ms. Cohan urged the Council not to require her children to cross busy roads in order to go to school.

 

Kathy Wharton said she was disconcerted by the situation concern­ing the Rocky Hill master plan. Ms. Wharton said that her major concern was maintaining the area's quality of life. Ms. Wharton requested clarification of the types of commercial buildings and homes proposed for construction in the Rocky Hill development. Ms. Wharton said her opposition to Rocky Hill was based on the lack of guarantees made to current residents of the area. Ms. Wharton concluded her remarks by saying that she opposed the un­certainty of the Rocky Hill development.

 

Richard Yost, a resident of Chandler's Green subdivision said he wanted to maintain a family‑oriented and safe community. Mr. Yost stated that if Rocky Hill were approved, traffic signals and improved sight distances would be needed along Weaver Dairy Road. Mr. Yost also expressed concern about the proposed density of approximately six units per acre. Mr. Yost stated that there did not appear to be a strong current market for development of this type. Mr. Yost thanked the Council for the opportunity to ad­dress them.

 

Gary Kibler said he had resided in San Francisco and Florida in the past. Mr. Kibler stated that roadway systems in these areas had been inadequate to handle rapid residential growth. Mr. Kibler suggested that roadway improvements be installed prior to the development of Rocky Hill.

 

Council Member Rimer, noting that there is not much natural vege­tation on the proposed Rocky Hill site, inquired whether alterna­tives to type D buffering such as berms would be possible. Mr. Waldon said yes. He noted that the master plan approval sets the framework for how the site will be developed. Mr. Waldon noted that buffering specifics could be addressed at the special use permit stage.

 

Council Member Rimer noted that the North Carolina Department of Transportation was responsible for determining

where traffic signals are installed. Council Member Rimer noted that traffic warrants are based on the number of traffic acci­dents in a specific area. Council Member Rimer requested that the staff incorporate a condition of approval to initiate a traf­fic warrant at Weaver Dairy and Sunrise Road. Mr. Waldon re­sponded affirmatively.

 

Noting that the proposed Rocky Hill development is quite dense, Council Member Andresen suggested that a buffer greater than thirty feet might be needed. Council Member Andresen also sug­gested that a pedestrian crossing light at Cedar Falls Park might be a good idea. Council Member Andresen inquired whether there were any sidewalks in the Chandler's Green subdivision. Mr. O'Malley stated that sidewalks are located on one side of some streets in the subdivision.

 

Council Member Andresen inquired when Rocky Hill might be an­nexed. Mr, Waldon responded that property owners are encouraged to petition for annexation as special use and subdivision appli­cations are submitted.

 

Council Member Rimer inquired‑about the possibility of including a condition of approval that one‑half of residential development would occur prior to the construction of the development's com­mercial node. Mr. Waldon, noting that master plans are intended to respond to market conditions, said such a stipulation would be possible. Mr. Hakan said his clients would be happy to accommo­date this stipulation of approval.

 

Council Member Andresen said she felt uneasy about the proposed density of Rocky Hill relative to traffic impacts.

 

Council Member Herzenberg said his main reservation concerned the proposed location of the commercial node. Mr. Hakan responded that the Design Review Committee could assure cohesiveness of design in this regard. Mr. Hakan said that the property owners chose to locate the commercial uses to encourage pedestrian and internal journeys to the center. Mr. Hakan said the Town staff and his clients felt that this approach would some relief to weaver Dairy Road.

 

Council Member Werner inquired about the proposed distance be­tween Rocky Hill and homes in the Chandler's Green subdivision. Mr. Waldon estimated approximately one hundred and fifty feet. Council Member Werner stated that major traffic problems would be most likely to occur in vicinity of the Cedar Falls Park exit onto Weaver Dairy Road. Council Member Werner stressed the im­portance of improving sight distance in this corridor. Mr. Waldon stated that staff was examining the possibility of clear­ing trees in the area in order to improve sight distance.

 

Council Member Preston inquired about the proposed buildout time­table for Rocky Hill. Mr. Hakan suggested that Mr. Bland could best respond to this inquiry. Mr. Hakan stated that buildout would be contingent upon market absorption. He noted that the development was proposed for construction in nine phases. Coun­cil Member Preston noted that since two years are permitted for construction start‑up, it was conceivable that nothing would be on the ground until the beginning of 1992. Mr. Bland said his client's approach was to establish the master plan prior to a marketing plan.

 

Council Member Preston inquired whether Rocky Hill could be   made

less dense than the proposed six units per acre. Mr. Hakan    responded that a buffer of seventy‑five feet was proposed in some portions of the site. He added that resource conservation     district regulations preclude construction within seventy‑five feet of the centerline of the district. Mr. Hakan said he was unable to give further density specifics at present. Council Member Preston, noting that the proposed Rocky Hill development was an exciting project, said she would like to see Council Member Andresen's modifications included in the conditions of approval.

 

Council Member Brown inquired about the price range of houses in Rocky Hill. Mr. Hakan said that the homes would be in the range of $175,000 to $200,000. Council Member Brown said that the pro­posed commercial uses did not appear to be in a very competitive setting. Council Member Brown expressed further concern about traffic problems relating to proposed commercial and office uses.

 

Mr. Waldon noted that there was no certainty about the specific commercial and office uses. Mr. Waldon noted that commercial development could commence once one‑half of residential construc­tion was completed.

 

Council Member Rimer proposed amending Resolution A to include traffic warrants for weaver Dairy and Sunrise Roads; the instal­lation of a pedestrian crossing and signal at Cedar Falls Park; a minimum type D buffer and berms where appropriate. Council Mem­ber Andresen suggested that condition 18 be tied to building per­mits rather than certificates of occupancy.

 

Mr. Hakan expressed concurrence with all of the modifications in the conditions of approval. Mr. Hakan said would comply with Resolution A as amended.

 

Mike Horn, Rocky Hill's traffic engineering consultant, noted that the intersection of Weaver Dairy and Sunrise Road is cur­rently operating at level of service B. Mr. Horn said that this intersection would be likely to remain at this level following the buildout of the Chesley and Rocky Hill developments. Mr. Horn said that even if the warrant study were performed, the ul­timate decision would be made by the North Carolina Department of Transportation.

 

Council Member Werner said he preferred that the proposed connec­tion of Amesbury Drive between Chandler's Green and Rocky Hill be left in the conditions of approval, in order to lessen traffic on Weaver Dairy Road.

 

Council Member Andresen inquired whether conditions of approval could be changed in the future. Town Attorney Karpinos stated that changes in conditions of approval would require modification of the master plan. He added that if there were evidence that conditions had not be met, the master plan could be denied or modified. Town Attorney Karpinos recommended renumbering condi­tions twenty‑one through twenty‑four for clarification purposes.

 

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO ADJOURN THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUS­LY (7‑0).

 

COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO ADOPT RESOLUTION A, AS AMENDED, APPROVING THE ROCKY HILL MAS­TER PLAN. THE MOTION WAS ADOPTED BY A VOTE OF 6‑1, WITH COUNCIL MEMBER BROWN OPPOSED.

 

A RESOLUTION APPROVING AN APPLICATION FOR A MASTER L$ND USE P??N FOR ROCKY HILL (MP‑25‑13) (90‑1‑8/R‑la)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Master Land Use Plan proposed by Hakan/Corley As­sociates representing NCNB National Bank, Trustee, on property identified as Chapel Hill Township Tax Map ?5, Lot 13, if devel­oped according to the Master Land Use Plan ‑ Conceptual Master Plan dated September 19, 1989 and the conditions listed below would:

 

1.   Maintain the public health, safety and general welfare;

 

2.   Maintain or enhance the value of contiguous property, or be a public necessity; and

 

3.   Conform to the Comprehensive Plan.

 

These findings are conditioned on the following:

 

1.   That an application for development of at least one phase be accepted by the Town Manager by January 8, 1992 ?two years from the date of approval) or the above Master Land Use Plan shall automatically expire.

 

2.   That a copy of the Master Land Use Plan approval shall be provided to the applicant by the Town Manager and recorded at the orange County Register of Deeds office. A copy of the recorded document shall be provided to the Town Manager with the first Special Use Permit application.

 

3.   That Special Use Permit applications submitted pursuant to this Master Land Use Plan approval demonstrate compliance with all applicable regulations of the Development Ordinance including the Land Use Intensity (LUI) Ratios.

 

4.   That utility extension plans be approved by OWASA, Duke Pow­er Company, Southern Bell, Public Service Company, Carolina Cable, and the Town Manager as part of the application for a Special Use Permit for the first phase. The developer shall be responsible for assuring these utilities, including cable television are extended to serve the entire development. Detailed plans shall be approved by the utilities as part of each Special Use Permit application.

 

5.   That adequate transit stops, with shelters and/or benches, be provided as appropriate.

 

6.   That the applicant provide at least a type "D" buffer along Weaver Dairy Road, a type "C" buffer along Sunrise Road, and type "B" buffers adjacent to any internal collector roads. Compliance with this requirement shall be approved by the Town Manager and the Appearance Commission for each phase of development. All buffers shall be located outside of utility easements and sight distance easements. Buffers between Chandler's Green and Rocky Hill shall be designed to conform to at least a type "D" buffer, and employ berms where appropriate.

 

7.   That any required State or federal permits be approved and copies of the approved permits be submitted to the Town of Chapel Hill prior to the issuance of a Zoning Compliance Permit for each phase of development, if applicable.

 

8.   That all internal streets shall be public and the streets and the parking area of the commercial/office center shall be built to Town standards.

 

9.   That a signal warrant study be conducted by this developer to determine if a signal is necessary at the intersection of Weaver Dairy Road and Erwin Road and at the intersection of Weaver Dairy Road and Sunrise Road. The study shall be pro­vided with or prior to the application for development of the first phase of development and, if the Town determines that a signal is warranted, the signal shall be in place prior to the issuance of a Certificate of Occupancy. That a study of the need for a pedestrian crosswalk and signal at the intersection of the Cedar Falls Park entrance/exit and Weaver Dairy Road be conducted by this developer and submit­ted to the Town staff.

 

10.  That the following roadway improvements be made, or that a payment‑in‑lieu be provided equivalent to the improvements, and that these improvements be in place when appropriate (to be determined by the Council on issuance of the first Spe­cial Use Permit):

 

     A) Weaver Dairy Road:

 

          1)   Dedication of one‑half of a 90 foot right‑of‑way;

 

          2)   Improvement of roadway to one‑half of a 65‑foot cross‑section, with curb and gutter, with an addi­tional 4 feet of pavement to be used as a bike lane; and

 

          3)   Provision of a sidewalk along the property's frontage.

 

     B)   Sunrise Road:

 

          1)   Dedication of one‑half of a 70 foot right‑of‑way;

 

          2)   Improvement of roadway to one‑half of a 41‑foot cross‑section, with curb and gutter and with an additional 4 feet of pavement to be used as a bike lane;

 

          3)   Provision of a sidewalk along the property's frontage.

 

     C)   N.C. Hwy. 86:

 

          1)   Improvement of roadway at the Weaver Dairy Road intersection to provide a north bound right turn lane.

 

11.  That all road improvements to N.C. Hwy. 86, Weaver Dairy Road and/or Sunrise Road deemed necessary to mitigate traf­fic impacts on these roads connected with each phase be in place and accepted for maintenance prior to any Certificates of Occupancy being issued.for that specific phase.

 

12.  That architectural design guideline be prepared for both the residential and non‑residential components of this site, assuring compatibility of design across the development, to be submitted with the first Special Use application. That the applicant's plans for the Special Use Permit incorporate the following into the physical design of the commercial and/or office area:

 

          architectural design of the commercial/office area to be as pedestrian‑oriented as possible, including main entry courts, pedestrian amenities and appropriate landscaping.

 

13.  That the Hunter Loop be constructed to collector road stan­dards with curb and gutter and sidewalk. The southern in­tersection of Hunter Loop with Weaver Dairy Road shall be aligned with Chesley Drive.

 

14.  That Witchazel Drive and Amesbury Drive be constructed to Local Class B standards with curb and gutter and sidewalk.

 

15.  That Witchazel Drive be relocated to the south to a more environmentally suitable area in order to provide a future road connection to the undeveloped property to the east.

 

16.  That the remaining residential streets be constructed to Class B and Class C standards to be determined by the Town Council with each Special Use Permit application for devel­opment.

 

17.  That the developer shall establish the boundary of the Re­source Conservation District as defined in the Development Ordinance and subsequent development applications shall dem­onstrate compliance with all requirements of the Resource Conservation District.

 

18.  That a plan for the enhancement and permanent maintenance and security of the existing ponds be approved by the Town Manager prior to issuance of a Building Permit.

 

19.  That the developer shall provide with the first application for Special Use Permit, verification from the State regard­ing the classification of each dam and frequency of inspec­tion.

 

20.  That subsequent applications for Special Use Permit provide pedestrian access between all proposed "clusters" of devel­opment. These pedestrian connections shall be signed, the pathway established by the developer, and the pathway main­tained and owned by a homeowners association.

 

21.  That the commercial phase not be constructed until one‑half of the residential areas are completed.

 

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

 

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

 

BE IT FURTHER RESOLVED that the Council hereby approves the ap­plication for the Rocky Hill Master Land Use Plan in accordance with plans and conditions listed above.

 

This the 8th day of January, 1990.

 

South Columbia Street Alternatives

 

Mayor Howes noted that the Council would hold a formal hearing on this matter at its Tuesday, January 16th public hearings session.

 

Listing of Old Police Building in Historic Register

 

Interim Town Manager Loewenthal stated that the listing of the Old Police Building on the Register of Historic Places would re­quire review by State and Federal officials. Interim Town Manag­er Loewenthal noted that there would be no restrictions on the use of the building, nor would the current renovations to the building be relevant to the historic status of the building. Interim Town Manager Loewenthal stated that approval by the State Historic Preservation Officer would be the next step in the ap­proval process. Interim TOW? Manager Loewenthal stated that the Council had an opportunity to comment on the nomination this eve­ning.

 

Council Member Preston thanked Jim Webb and Mary Reeb for their work on including the Old Police Building in the Historic Dis­trict Register. Mr. Webb provided a brief oral history of the building to the Council.

 

Council Member Herzenberg expressed his gratitude to Mr. Webb and said he had been personally inspired by Ms. Reeb's report.

 

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO ADOPT RESOLUTION 2A. THE MOTION WAS ADOPTED UNANI­MOUSLY (7‑0).

 

A RESOLUTION CONCURRING WITH THE LISTING OF THE FORMER TOWN HALL IN THE NATIONAL REGISTER OF HISTORIC PLACES (90‑1‑8/R‑2a)

 

WHEREAS, the former Town Hall has been nominated to be listed on the National Register of Historic Places; and

 

WHEREAS, the former Town hall is an historic building worthy of this recognition and honor;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council concurs with listing the former Town Hall on the National Register of Historic Places.

 

This the 8th day of January 8, 1990.

 

Sign Regulation DOTA

 

Appearance Commission Chairperson Roy Lindahl stated that over the last eighteen months, the Appearance Commission had been re­viewing the sign ordinance for content. Mr. Lindahl said the commission proposes that a Council public hearing be called on March 19, 1990,

 

Council Member Rimer inquired about the viability of revising the entire ordinance. Mr. Lindahl stated that several matters merit­ed prompt attention, but the possibility of restructuring the ordinance could be explored in the future.

 

Council Member Preston requested a clarification of what consti­tuted a Williamsburg type sign. Mr. Lindahl provided an explana­tion of Williamsburg type and related cantilevered signs.

 

COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 3. THE MOTION WAS ADOPTED UNANI­MOUSLY (7‑0).

 

A RESOLUTION CALLING A PUBLIC HEARING TO CONSIDER A DEVELOPMENT ORDINANCE TEXT AMENDMENT (90‑1‑8/R‑3)

 

WHEREAS, the Chapel Hill Appearance Commission has been studying Chapel Hill's sign regulations and has suggested that changes be considered; and

 

WHEREAS, the Appearance Commission has asked the Town Council to call a Public Hearing to consider changes as indicated on the attached pages;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council calls a Public Hearing to consider changes to Sections 2 and 14 of the Development Ordinance, to amend sign regulations.

 

BE IT FURTHER RESOLVED that the proposed changes to the sign reg­ulations be referred to the Town Manager, the Planning Board and the Historic District Commission for comments and recommenda­tions.

 

BE IT FURTHER RESOLVED that such hearing be scheduled for March 19, 1990 at 7:30 p.m. in the Chapel Hill Municipal Building Meet­ing Room.

 

This the 8th day of January, 1990.

 

Report of Allocations Committee

 

Mayor Howes noted that by an earlier motion of the Council, this matter had been referred to the Human Services Advisory Board and Parks and Recreation Commission.

 

Appointments to Noise Ordinance Committee

 

Mayor Howes noted that one more member of the business community and two representatives of the University administration were needed to complete formation of the committee. Mayor Howes briefly reviewed the affiliations of each of the nominees.

 

Council Member Preston nominated Council Member Herzenberg and neighborhood representative Robert Joesting to serve on the com­mittee. The Council appointed the seventeen nominees on the floor by acclamation. The other persons nominated and their af­filiations were as follows:

 

Name Affiliation

 

Mayor Howes noted that nominations would remain open, with the remaining appointments scheduled to occur at the Council's Janu­ary 23rd meeting.

 

Nominations to Ad Hoc Tree Committee

 

Council Member Herzenberg, noting that Mr. Touchstone's applica­tion was in transit, nominated Larry Touchstone to serve on the committee. Mayor Howes noted that the Tree Protection Ordinance was the product of more than one year's work. He urged Council Members to recruit citizens to serve on the committee.

 

Consent Agenda

 

Council Member Herzenberg requested the removal of item A. Coun­cil Member Werner requested the removal of item D.

 

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO ADOPT CONSENT AGENDA ITEMS B AND C. THE MOTION WAS ADOPTED UNANIMOUSLY (7‑0).

 

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND AN ORDINANCE (90‑1‑8/R‑5)

 

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

 

     a.   A resolution establishing a lease agreement with Holmes Day Care Center, Inc. (R‑6).

 

     b.   Bids for Public Housing Improvement project (R‑7).

 

     c.   North Columbia Street parking restrictions (0‑1).

 

     d.   Rescheduling of March 12th meeting (R‑8).

 

This the 8th day of January, 1990.

 

A RESOLUTION ACCEPTING A BID AND AWARDING A CONTRACT FOR THE PUB­LIC HOUSING IMPROVEMENTS PROJECT (90‑1‑8/R‑7)

 

WHEREAS, the Town of Chapel Hill has solicited formal bids by advertisement in The Chapel Hill Newspaper on November 22, 1989 in accordance with G.S. 143‑129 for the Public Housing Improve­ments Project; and

 

WHEREAS, the following bids were received and opened on December 4, 1989:

 

     Contractors                           Bid Amount

 

     Darious Construction Company          $29,550.00

     Morrow Construction Company           $44,900.00

     Skylight Exchange, Inc.               $69,985.00

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town: rejects the bid of Darious Construc­tion Company because the company did not meet the 5% bid bond required by General Statute 143‑129; and accepts the bid and awards the contract to Morrow Construction Company in the amount of $44,900 for the Public Housing Improvements Project at the Airport Road and Pritchard Park Neighborhoods.

 

This the 8th day of January, 1990.

 

AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES (90‑1‑8/0‑1)

 

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

 

                            SECTION    I

 

That Section 21‑27 of the Town Code of Ordinances, "No Parking as to particular streets" is amended by deleting the following:

 

Street             Side      From          To

 

N. Columbia St.    Either    Airport Road  Longview Street

 

                            SECTION    II

 

That Section 21‑27 of the Town Code of Ordinances "No Parking as

to particular streets" is amended by inserting the following in appropriate alphabetical order:

 

Street             Side      From          To

 

N. Columbia St.    West      Airport Road  Longview Street

 

N. Columbia St.    East      Airport Road  A point 50 foot

                                           north of the

                                           center of Noble St.

 

N. Columbia St.    East      A point 125   A point 210

                             ft north of   ft north of the

                             the center    center of Noble

                             of Noble St.  St.

 

N. Columbia St.    East      A point 250   Longview St.

                             ft north of

                             the center

                             of Noble St.

 

                          SECTION III

 

That Section 21‑27.1 "No parking during certain hours", paragraph (c) "9:00 a.m. to 4:00 p.m., Monday through Friday," is amended by inserting the following in appropriate alphabetical order:

 

Street             Side          From      To

 

N. Columbia St.    East      A point 50 ft A point 125 ft

                             north of the  north of the

                             center of     center of Noble

                             Noble St.     Street.

 

N. Columbia St.    East      A point 210 ft A point 250 ft

                             north of the  north of the

                             center of     center of Noble St.                             Noble Street

 

                          SECTION IV

 

These ordinances shall be effective on Monday, February 12, 1990.

 

                           SECTION V

 

All ordinances and portions of ordinances in conflict herewith are hereby repealed.

 

This the 8th day of January, 1990.

 

Council Member Herzenberg noted that the Holmes Day Care Center was named for Mr. & Mrs. Harold Holmes, who were both instrumen­tal in early day care centers in Chapel Hill. Council Member Herzenberg added that Mr. Holmes was principal of the Orange County Training School, while Mrs. Holmes served as a Home Eco­nomics teacher at the school.

 

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO ADOPT CONSENT AGENDA ITEM A. THE MOTION WAS ADOPTED UNANIMOUSLY (7‑0).

 

A RESOLUTION AUTHORIZING EXECUTION OF A LEASE FOR A PORTION OF THE HARGRAVES RECREATION CENTER FOR A DAY CARE CENTER (90‑1‑8/R‑6)

 

WHEREAS, the current five‑year lease agreement with the Holmes Day Care Center, Inc. expired on December 31, 1989; and

 

WHEREAS, the Town wishes to continue to offer space for the operation of a day care center in the basement of the Hargraves Recreation Center Building for use without regard to sex, race, color, creed, or national origin; and

 

WHEREAS, the Town has published, for ten days, a public notice of the Council's intent to enter into a lease agreement with the Holmes Day Care Center, Inc., as prescribed by the North Carolina General Statute 160A‑272;

 

WHEREAS, no other party has requested to lease said premises;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to exe­cute a lease agreement with the Holmes Day Car? Center, Inc. for approximately 3850 square feet in the basement of the Hargraves Recreation Center on N. Roberson Street for the operation of a day care center, said lease being substantially in the form presented by the Town Manager with his report on this matter on De­cember 12, 1989, a copy of which shall be kept with the records of this meeting.

 

This the 8th day of January, 1990.

 

Council Member Werner requested that efforts be made to keep Council meetings on Monday evenings.

 

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT CONSENT AGENDA ITEM D. THE MOTION WAS ADOPTED UNANIMOUSLY (7‑0).

 

A RESOLUTION TO RESCHEDULE THE TOWN COUNCIL'S MARCH 12 REGULAR MEETING (90‑1‑8/R‑8)

 

BE IT RESOLVED that the regular meeting originally scheduled for March 12, 1990 is rescheduled to 7:30 p.m., Tuesday, March 6, 1990.

 

This the 8th day of January, 1990.

 

Executive Session

 

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO ADJOURN THE REGULAR COUNCIL MEETING INTO EXECUTIVE SESSION, THE MOTION WAS ADOPTED UNANIMOUSLY (7‑0).

 

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

 

The Council meeting stood adjourned at 10:18 p.m.