MINUTES OF A MEETING OF THE MAYOR AND COUNCIL OF THE

TOWN OF CHAPEL HILL, MONDAY, FEBRUARY 12, 1990, 7:30 P.M.

Mayor Howes called the meeting to order.

Council Members in attendance were: Julie Andresen, Joyce Brown, Joe Herzenberg, Nancy Preston, Alan Rimer and Roosevelt Wilkerson. Mayor Howes noted that Council Members Wallace and Werner were absent excused due to previous commitments.

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

There were no hearings or ceremonies.

Petitions

Mr. Lou Shook noted that current Town development regulations do not permit the rebuilding of homes in the Resource Conservation District, in the event that they are destroyed by fire or catastrophic events. Mr. Shook requested that the Town modify its regulations to address situations of this type. Mr. Shook noted that homes constructed prior to 1984 are not subject to rebuilding restriction.

Mr. Shook stated that he owns a house adjacent to Morgan Creek, outside the Resource Conservation District. Mr. Shook requested that the Town issue an estoppel letter to address a personal property situation. Mr. Shook also requested that the Development Ordinance be modified to permit reconstruction of destroyed homes to be rebuilt on existing foundations in the Resource Conservation District.

Mayor Howes inquired whether Mr. Karpinos had any suggestions on how to address Mr. Shook's concerns. Mr. Karpinos suggested that the Council refer the matter to the Town staff for a follow‑up recommendation. Mr. Karpinos said he had serious concerns about the propriety of issuing an estoppel letter as requested by Mr. Shook. Mayor Howes inquired whether this was the only possible remedy to address Mr. Shook's situation. Mr. Karpinos noted that if the home were located in the Resource Conservation District, Mr. Shook could request a variance from the Board of Adjustment.

Council Member Rimer, noting that his own home is located completely in the Resource Conservation District, noted the importance of Mr. Shook's concerns relative to home rebuilding in the district.

Mr. Shook inquired how long it would take to issue an estoppel letter, if the Town chose to pursue this course of action. Mr. Karpinos noted that such an action would require Council authorization. Mayor Howes, stressing the complexity of Mr. Shook's situation, noted that the next Council meeting would be held on February 26th. Mr. Karpinos reiterated his serious doubts about issuing an estoppel letter on the Town's behalf. Council Member Preston suggested that Mr. Shook seek a variance from the Board of Adjustment.

COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER WILKERSON, TO REFER THE MATTER TO THE STAFF. THE MOTION WAS ADOPTED UNANIMOUSLY (7‑0).

Dr. Ted Parrish, speaking on behalf of residents of Pine Knolls area, encouraged the Council to purchase two vacant lots on Johnson Street as the future site of a neighborhood park. Dr. Parrish stressed the important past role of the community center to residents of the neighborhood. Dr. Parrish indicated that two of the landowners were willing to sell their property. Dr. Parrish added that it was logical to purchase the land in order to enhance the recreational opportunities of Pine Knoll and Tandler neighborhood residents.

Council Member Andresen said that Dr. Parrish's proposal was an interesting one with considerable merit. Council Member Andresen inquired how the sites would be kept clear of debris. Dr. Parrish responded that neighborhood residents and the Town's Recreation Department both assisted in keeping the area clean.

Council Member Andresen said she liked the idea of acquiring additional in‑Town park space.

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO REFER THE MATTER TO THE TOWN STAFF FOR A RECOMMENDATION. COUNCIL MEMBER HERZENBERG REQUESTED THAT THE MATTER BE REFERRED TO THE TOWN STAFF AND THE PARKS AND RECREATION COMMISSION. COUNCIL MEMBERS ANDRESEN AND PRESTON CONCURRED.

Council Member Wilkerson, noting that Dr. Parrish's letter to the Council was dated January 15, 1990, inquired about the nature of the delay in transmittal. Dr. Parrish responded that it had taken several weeks to gather signatures supporting the land acquisition proposal, with this having been completed very recently.

Mayor Howes suggested that the parkland acquisition proposal be incorporated into the Capital Improvements Program process. Dr. Parrish inquired about the timeliness of the Capital Improvements Program process. Mayor Howes noted that some of the monies from the May, 1989 open space bond sale would be programmed into the Town's Capital Improvements Program.

THE MOTION TO REFER TO THE TOWN STAFF AND PARKS AND RECREATION COMMISSION WAS ADOPTED UNANIMOUSLY (7‑0).

Mayor Howes proposed that the agenda item concerning the preliminary library/Pritchard Park site plan be moved up in the agenda from item seven to item five. There were no objections.

Council Member Preston noted that she had received a letter from Bill Little of Huggins Hardware concerning litter in the alleyway behind his business,

COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO REFER THE MATTER TO THE TOWN STAFF. THE MOTION WAS ADOPTED UNANIMOUSLY (7‑0).

Council Member Wilkerson inquired whether it would be possible to use downtown service district tax monies to address this situation.

Council Member Herzenberg inquired whether the Town was doing enough to reduce the use of guns. Council Member Herzenberg observed that there had been a handgun‑related death in Town in 1989, and that a similar incident had occurred this past weekend. council Member Herzenberg requested that the Town Attorney report to the Council on possible restricting actions concerning handguns.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO REFER THE MATTER TO THE TOWN ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (7‑0).

Minutes of January 16, 23 and 29, 1990

Council Member Preston requested a spelling correction in the minutes of January 16th.

COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER WILKERSON, TO ADOPT THE MINUTES OF JANUARY 16TH AS MODIFIED. THE MOTION WAS ADOPTED UNANIMOUSLY (7‑0).

Council Members Brown and Wilkerson requested language corrections in the minutes of January 23rd.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADOPT THE MINUTES OF JANUARY 23RD AS CORRECTED. THE MOTION WAS ADOPTED UNANIMOUSLY (7‑0).

Council Member Preston requested two corrections in the minutes of January 29th.

COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT THE MINUTES OF JANUARY 29TH AS CORRECTED. THE MOTION WAS ADOPTED UNANIMOUSLY (7‑0).

Proposed Library Site Master Plan

Mayor Howes noted that some of the members of the Library Committee were in attendance this evening.

Interim Town Manager Loewenthal noted that the Library Committee, Greenways Commission and other community groups had been involved in conceptualizing the proposed master plan. Ms. Loewenthal noted that this evening the Council was responding as owners of the site. She noted that the Council would be asked to respond as regulators at the time of special use permit submittals.

Mr. Josh Gurlitz, project architect, showed a preliminary site master plan. Mr. Gurlitz stated that master plan process involves several stages including the analysis of information, critiquing of proposed plans, and formulation of a final plan.

Charles Berger, Landscape Architect, said that the proposed Library/Pritchard Park site was a unique piece of land. Mr. Berger noted that efforts were being made to be sensitive to the characteristics of the site. Mr. Berger said that the upper portion of the site contained better characteristics for development. Mr. Berger also briefly reviewed drainage patterns on the site.

Mr. Berger also noted that careful consideration had been given to existing vegetation and trees on the site. Mr. Berger stated that care would be taken to re‑establish a mixed hardwood and pine forest on the site, following development. Mr. Berger said that some trees showed signs of distress, adding that younger trees might have a better survival rate than older, more vulnerable trees.

Mr. Gurlitz briefly reviewed proposed site uses, noting that emphasis would be placed on creating a passive park including an amphitheater and interpretive uses. Mr. Gurlitz added that the library building would take advantage of the natural setting for its views. Mr. Gurlitz noted that the master plan before the Council addressed park facilities, library facilities, circulation, and the park environment.

Mr. Gurlitz noted that the one main access point to the site would be along Estes Drive. Mr. Gurlitz said that the entrance could be a parkway, with plantings in the middle of the roadway. Mr. Gurlitz said that the parkway would slowly climb to the library site. Mr. Gurlitz added that parking would mainly be developed on a fill area, with little need for cutting. Mr. Gurlitz stated that the site would contain pedestrian linkages to Estes Drive and several other area streets, as well as possible access to Franklin Street, run by professional staff, to assist park users in maximizing their experiences. Mr. Gurlitz said the library would interpretive center and natural area. Ms. Loewenthal responded that funding for the interpretive center had not been identified to date.

Council Member Rimer inquired about left‑turning movements into the entrance from Estes Drive. Mr. Gurlitz responded that the entrance might be moved to allow for greater stacking of vehicles. Council Member Rimer inquired how bus passengers would traverse the hill from Estes Drive to the library. Mr. Gurlitz responded that buses would be permitted entry to the site, with roadways designed with proper radii for bus movements. Mr. Gurlitz added that bus parking on the site would also be considered. Interim Town Manager Loewenthal stated that the Town staff would further explore specific operation of buses on the site.

Council Member Wilkerson noted that the Greenways Commission had expressed concern that wide‑tired mountain bikes might tear up trails in the area. Mr. Gurlitz provided assurances that steps would be taken to safeguard against problems of this type.

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

A RESOLUTION APPROVING THE PRELIMINARY MASTER PLAN FOR THE LIBRARY/PRITCHARD PARK SITE (90‑2‑12/R‑3)

WHEREAS, the Council of the Town of Chapel Hill has appointed a Library Committee to work with the architects during the design process and make recommendations; 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, a preliminary master plan for the library/Pritchard Park site has been developed by the architects and approved by the Library Committee, the Library Board, the Parks and Recreation Commission, the Greenways Commission, and the Friends of the Library; and

WHEREAS, the Council, in its role as owner, has reviewed the Preliminary Master Plan and will continue to review more detailed plans in its roles of both owner and regulator of the development;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the continuation of the design and permitting process pursuant to the preliminary master plan for the year 2010 as presented to the Council on February 12, 1990.

This the 12th day of February, 1990.

Lambda Chi Alpha SUP Modification

Planning Director Roger Waldon stated that on January 16th, the Council had held a public hearing on Lambda Chi Alpha's request for a special use permit modification at 229 East Franklin Street. Mr. waldon noted that a proposed requirement for installation of a brick sidewalk was the main issue at the earlier hearing.

Mr. Waldon observed that the Interim Town Manager's preliminary recommendation was that the property owner be required to install a brick sidewalk. The applicant argued that the intensity of the property would not be increased, therefore not triggering a sidewalk requirement.

Mr. Waldon added that the applicant was agreeable to the idea of repairing a stone wall on the site. Mr. Waldon said that the Interim Town Manager's recommendation had been modified to require stabilization of the stone wall rather than the installation of the brick sidewalk.

Council Member Herzenberg stated that the common sense meaning of stabilization would be to preserve the wall in its current state. Council Member Herzenberg observed that a portion of the wall is currently very unstable and some sections are missing. Council Member Herzenberg inquired about the intent of wall stabilization requirements. Mr. Waldon suggested that the applicant would best respond to the acceptance of conditions of approval.

Roman Kolodij, project architect, stated that there was no intention to leave the rock wall in its current state. Mr. Kolodij said it would be difficult for him to respond to the extent of proposed wall reconstruction. Mr. Kolodij noted that some of the rocks in the wall appeared to have sunk into the ground. Mr. Kolodij stated that Lambda Chi Alpha was very interested in preserving architectural character in the downtown area.

Council Member Herzenberg said he wanted to interpret stabilization to mean that the wall would be reconstructed to resemble that portion of the wall which is currently in good repair. Mr. Kolodij stated that he wanted to take care not to overcommit. Mr. Kolodij noted that forty to fifty feet of wall stabilization would be a good tradeoff for removal of the brick sidewalk requirement.

Council Member Herzenberg observed that the proposed building improvements on the site did not justify the construction of a sidewalk. Council Member Herzenberg said that stabilization of the wall was a nice trade‑off.

Lillyan Page, Chairperson of the Historic District Commission, stated that on January 11, 1990, the Commission recommended, by a vote of 8‑0 (James Webb abstaining), that curb and guttering be required along Pickard Lane and Rosemary Street. Ms. Page commended Lambda Chi Alpha, Mr. Workman, and Mr. Kolodij for their plans to preserve and improve the site. Ms. Page observed that the Historic District Commission hoped that the guest cottage would be purchased and moved to another site. Ms. Page said she hoped that the Town would continue to work with sororities and fraternities to maintain historic properties and restore homes in the area to their past glory.

Interim Town Manager Loewenthal noted that she recommended adoption of Resolution B to the Council, include a requirement for rock wall stabilization, in lieu of construction of brick sidewalks.

Mayor Pro Tem Preston inquired whether the applicant's representative, Mr. Kolodij, would accept the proposed conditions of approval. Mr. Kolodij indicated his concurrence with the conditions of approval in Resolution B.

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

COUNCIL MEMBER WILKERSON MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADOPT RESOLUTION 1b. THE MOTION WAS ADOPTED UNANIMOUSLY (7‑0).

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR LAMBDA CHI ALPHA FRATERNITY (90‑2‑12/R‑lb)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Lambda Chi Alpha Fraternity additions, proposed by Gamma Nu Foundation, Inc., on property identified as Chapel Hill Township Tax Map 80, Block E, Lot 8, if developed according to the Site Plan dated November 20, 1988 (revised July 21, 1989), and the conditions listed below, would:

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

2. Comply with all required regulations and standards of the Development Ordinance, including all applicable provision of Article 12, 13 and 14, and the applicable specific standards contained in Section 18.7, and with all other applicable regulations;

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

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

BE IT FURTHER RESOLVED by the Council that it finds in this particular case that public purposes are satisfied to an equivalent or greater degree, and approves the following modifications:

1. Modification of Subsection 14.6.7 of the Development Ordinance for this development to permit 19 parking spaces to serve 30 residents of the Fraternity.

2. Modification of Subsection 13.11.2 of the Development Ordinance for this development to permit 7,718 square feet of floor area and 2,415 square feet of livability space on this property in the Residential‑6 zoning district;

3. Modification of Subsection 13.11.2 of the Development Ordinance for this development to permit a 3 foot, 6 inch setback for the western property line;

4. Modification of Subsection 13.11.2 of the Development Ordinance for this development to permit the continuation of the 8‑foot setback from Pickard Lane for the existing porches on the main house.

These findings are conditioned on the following:

1. That construction begin by February 12, 1991 (one year from the date of the Council approval) and be completed by February 12, 1992 (two years from the date of the Council approval).

2. That the Fraternity facility shall be limited to a maximum of 30 residents.

3. That the East Franklin Street yard area shall not be used for construction activities or materials storage/staging during construction.

4. That final plans include the provision of curb and gutter along the Pickard Lane frontage to Town standard and the stabilization of deteriorated sections of the rock wall along Franklin Street.

5. That detailed building elevations, lighting plan, landscaping plan, and landscape maintenance plan be approved by the Historic District Commission prior to issuance of a Zoning Compliance Permit. This landscape plan shall provide alternative "B" type buffers along the interior property lines and Pickard Lane and a "D" type buffer along East Franklin Street.

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

7. That final street plans, detailed site plans, grading plans, utility plans, stormwater management plans (with hydrologic calculations), and buffer planting and maintenance plans be approved by the Town Manager before issuance of a Zoning Compliance Permit, and that such plans conform to the plans approved by this application and demonstrate compliance with the applicable conditions and the design standards of the Development Ordinance and the Design Manual.

8. That a fire flow report prepared by a registered professional engineer, showing that flows meet the minimum requirements of the Design Manual, be approved prior to issuance of a Zoning Compliance Permit.

9. That sight triangle easements be provided on the final plat and recorded prior to issuance of a Zoning Compliance Permit.

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

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

12. That tree protection fences be installed to protect significant existing trees and their root systems and at the limits of clearing, before issuance of a Zoning Compliance Permit.

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

14. 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 Lambda Chi Alpha Fraternity Special Use Permit Modification in accordance with the plans and conditions listed above.

This the 12th day of February, 1990.

Glenwood Exxon SUP Modification

Planning Director Roger Waldon noted that the applicant was requesting a one‑year extension to their starting time limit. Mr. Waldon added that no changes had been made to the development plan.

Interim Town Manager Loewenthal said she recommended that the Council adopt Resolution 2a, granting the applicant's request for a time extension.

Mr. Schroeder, the applicant's representative, expressed his concurrence with the conditions of approval.

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

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

A RESOLUTION APPROVING MODIFICATION OF THE GLENWOOD EXXON SPECIAL USE PERMIT (90‑2‑12/R‑2a)

WHEREAS, the Council approved a Special Use Permit for Glenwood Exxon Service Station on February 13, 1989; and

WHEREAS, the property owner, Kenan Oil Company, has requested that condition #1 of the Special Use Permit be changed to extend the required starting time limit one year; and

WHEREAS, the Council finds that the applicant has proceeded with due diligence and good faith to implement the Special Use Permit, and that conditions have not changed substantially in the area of the service station;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves a modification of the February 13, 1989 Special Use Permit as follows:

Change Condition #1 from:

"That construction begin by February 13, 1990 and be completed by February 13, 1991."

to:

"That construction begin by February 13, 1991 and be completed by February 13, 1992."

This the 12th day of February, 1990.

Land‑Use Procedural Modifications

Mayor Pro Tem Preston noted that this item was before the Council this evening due to the Town's recent success in the Batch case. Town Attorney Karpinos noted that Resolution 4 would modify the Town Council Procedures Manual concerning subdivision hearings under oath on public hearing nights. Mr. Karpinos noted that the recent practice has been to recess, not adjourn, such hearings. Mr. Karpinos added that such hearings have been reconvened, with no limitation on the type of evidence which could be submitted.

Mr. Karpinos noted that the applicant is also asked to make a statement regarding the acceptance of conditions of approval.

Mr. Karpinos said he was asking the Council to consider amendments to its procedures concerning public hearings for subdivision applications.

Mr. Karpinos stated that subdivision hearings are held on public hearing nights to ensure a formal record for review and to comply with the Council's stated interest that these matters be considered on public hearing nights.

Mr. Karpinos noted that in the past, the Council has discouraged public hearings on the night of anticipated final Council action. Mr. Karpinos said he recommended that the Council continue to ask that the applicant state their acceptance of conditions of approval.

Council Member Rimer inquired whether the Council had discouraged citizens from speaking at petition time, when action on an item was anticipated that evening. Council Member Andresen said she had no problem with the policy as stated. She noted that the Council will listen to persons when new information is being provided, not previously covered in other public hearings. Council Member Herzenberg noted that some persons choose to make the same statement again and again at different public hearings.

Council Member Andresen stressed the need to continue debate if it is needed for better problem‑solving. Council Member Andresen said compromises could be worked out in some situations. Mayor Pro Tem Preston stressed the importance of not having debate go on and on without problem resolution. Mayor PrO Tem Preston said that efforts would continue to receive all information at the initial public hearing, with substantial new evidence being received at other times, as necessary.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADOPT RESOLUTION 4. THE MOTION WAS ADOPTED UNANIMOUSLY (7‑0).

A RESOLUTION AMENDING THE COUNCIL PROCEDURES MANUAL REGARDING THE PROCEDURES FOR THE CONDUCT OF PUBLIC HEARINGS (90‑2‑12/R‑4)

WHEREAS, the Council finds that reasonable modifications to the Council's Procedures Manual are appropriate in response to recent litigation involving the Town;

NOW, THEREFORE, BE IT RESOLVED that the Council of the Town of Chapel Hill hereby amends its Council's Procedures Manual as follows:

1. Insert in Section I. Meetings, Subsection F. Public Hearings, a new Number 5 to read as follows:

"5. Recess of Public Hearings. Hearings on Master Plans, Special Use Permits and Subdivisions shall be recessed to allow the Manager's follow‑up report to be submitted under oath and subject to cross examination prior to adjournment of the hearing and consideration by Council. Unless otherwise reopened by action of Council, public hearings shall in all other respects conclude at the end of the initial regularly advertised and conducted public hearing."

2. Renumber Section I. Meetings, Subsection F. Public Hearings, paragraphs 5 and 6 as paragraphs 6 and 7.

3. Insert in Section I. Meetings, Subsection F. Public Hearings, a new Number 8 to read as follows:

"8. Subdivision Hearings. Subdivision hearings shall be conducted in the manner of special use hearings, with testimony presented under oath and a reasonable opportunity made available for examination and cross‑examination of witnesses. The Council may consider, in making its final decision, only evidence submitted to it under oath at the public hearing, which has been subject to the appropriate rules of procedure.

This the 12th day of February, 1990.

Human Needs Report

Dr. Vincent Kopp, Chairperson of the Human Services Advisory Board, reviewed an executive summary of the Human Needs Report. Dr. Kopp thanked the Council for their collaborative effort in past years to address human services needs. Dr. Kopp urged the Council to involve the Human Services Advisory Board in the review of allocations, when requested. The Human Services Advisory Board also suggested review of the Town's statutory basis for providing human services relative to the County's obligations in the area of human services. In addition, the Board recommended the definition of a Chapel Hill Human Services District and the need for the availability of funds to help agencies meet emergencies and offcycle requests for financial assistance.

Council Member Andresen said she appreciated Dr. Kopp's and the Board's thoughtful report. Council Member Andresen said she did not agree with all of the items in the report, adding that she was not adverse to Town policy and procedure modifications about the issues raised. Council Member Andresen, stressing the importance of Orange County's role in human services provision, said the role of the County was not fully addressed in the Board's report. Council Member Andresen concluded her remarks by noting that the County is statutorily obligated to provide human services such as shelter for the homeless.

Council Member Herzenberg thanked Dr. Kopp, the Human Services Advisory Board and the staff for an excellent report.

Council Member Wilkerson said he thought the report was excellent. Council Member Wilkerson stated his hope that local newspapers would choose to highlight different points of the report in their upcoming editions. Mayor Pro Tem Preston stated that she had enjoyed reading the report, noting that it was very well‑written. Mayor Pro Tem Preston said the Council would be well‑served by turning agency funding appeals back to the Human Services Advisory Board for final recommendations. Dr. Kopp noted that this year's Human Services Need Report had taken a longer view than past reports. Mayor Pro Tem Preston stressed the importance of interagency communication in achieving the objectives of the Human Services Advisory Board. Dr. Kopp noted that a number of agency representatives in the community work tirelessly for their organizations and causes. Dr. Kopp thanked the Council for their consideration of Human Service needs.

Request for Emergency Day Care Funding

Interim Town Manager Loewenthal noted that this request was being made to make up for a drop in funding for day care scholarships. Ms. Loewenthal noted that $5,000 was requested to reinstate the day care scholarships, which had been cut off in January, due to the unavailability of funding. Ms. Loewenthal stated that the funding could be made available from contingency funds. Ms. Loewenthal recommended that the Council leave some funds unallocated in future Human Services budgets.

COUNCIL MEMBER WILKERSON MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT ORDINANCE 1. THE MOTION WAS ADOPTED UNANIMOUSLY (7‑0).

AN ORDINANCE TO AMEND "THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1989" (90‑2‑12/0‑1)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled "An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 1989" as duly adopted on May 22, 1989, be and the same is hereby amended as follows:

ARTICLE I

Current Revised

APPROPRIATIONS Budget Increase Decrease Budget

GENERAL FUND

Housing and Community

Development 106,276 10,000 116,276

Non‑Departmental

(Contingency) 80,164 10,000 70,164

This the 12th day of February, 1990.

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 5. THE MOTION WAS ADOPTED UNANIMOUSLY (7‑0).

A RESOLUTION ALLOCATING FUNDING FOR A PERFORMANCE AGREEMENT WITH DAY CARE SERVICES ASSOCIATION AS RECOMMENDED BY THE HUMAN SERVICES ADVISORY BOARD (90‑2‑12/R‑5)

BE IT RESOLVED by the Council of the Town Chapel Hill that the Council hereby approves the allocation of $5,000 to Day Care Services Association to address a priority human services need as recommended by the Human Services Advisory Board.

BE IT FURTHER RESOLVED that the Council strongly encourages the Day Care Services Association to request additional funding from the Town of Carrboro and from Orange County.

BE IT FURTHER RESOLVED that the Council hereby approves and authorizes the Manager to execute, on behalf of the Town, a Performance Agreement with Day Care Services Association for child care subsidy as described in the Human Services Advisory Board's report to the Council dated January 7, 1990.

This the 12th day of February, 1990.

Community Development Program Amendment

Housing and Community Development Director Tina Vaughn noted that a public hearing had been held on January 29th to receive comments from citizens concerning the proposed program amendment. Ms. Vaughn noted that no comments had been received at that time. Ms. Vaughn stated that the resolution before the Council would give the Interim Town Manager the authority to amend the statement, using $106,000 for public housing initiatives and to change the word "homeownership program" to "housing program".

COUNCIL MEMBER WILKERSON MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG TO ADOPT RESOLUTION 6. THE MOTION WAS ADOPTED UNANIMOUSLY (7‑0).

A RESOLUTION AUTHORIZING THE SUBMISSION OF AN AMENDMENT TO THE FINAL STATEMENT FOR THE 1989 COMMUNITY DEVELOPMENT ENTITLEMENT GRANT AND USE OF APPROPRIATED GENERAL FUNDS AND COMMUNITY DEVELOPMENT FUND FOR PUBLIC HOUSING CONSTRUCTION (90‑2‑12/R‑6)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to submit an amendment to the Final Statement for the Community Development Program, as described in the Manager's memorandum to the Council dated February 12, 1990 " to the U.S. Department of Housing and Urban Development, including all documents required therein, for a housing program of $106,000 in community Development Program Entitlement Funds.

BE IT RESOLVED that the Council authorizes the use of the $130,000 appropriated in the 1989‑90 operating budget for very low income housing initiatives to assist with the construction of the 24 new public housing units.

BE IT FURTHER RESOLVED that the Manager is hereby designated as the representative of the Town authorized to act in connection with submission of an amendment to the Final Statement and to provide such additional information as may be required.

This the 12th day of February, 1990.

Planning Board Appointment

Council Member Rimer noted that Pat Evans would bring vital planning experience to the Planning Board. Mayor Pro Tem Preston stressed the importance of encouraging citizen involvement in Town government. Council Member Rimer stated the importance of listening to advisory board recommendations concerning appointments. Council Member Rimer noted that advisory boards and commissions are interested in being responsive to the Council. Council Member Rimer suggested that the Council should be similarly responsive to the advisory boards and commissions.

No appointment was made. The matter was carried over to the Council's February 26th meeting.

Consent Agenda

Council Member Wilkerson stressed the importance of providing full information to minority‑owned businesses concerning the contract and bidding processes.

Mayor Pro Tem Preston requested that items a & b be removed from the consent agenda for further discussion.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADO?r THE BALANCE OF THE CONSENT AGENDA (ITEMS C‑H). THE MOTION WAS ADOPTED UNANIMOUSLY (7‑0).

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES (90‑2‑12/‑

R‑7)

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

a. Setting a hearing date for discussion of University Lake watershed protection (R‑8).

b. Setting Council work sessions on February 27, May 10 and May 15, 1990 (R‑9).

c. Cedar Falls Park Entrance Sight Distance Report.

d. Video equipment bids (R‑10).

e. Furniture bids (R‑11).

f. Calling a hearing for Markham Drive mat and seal (R‑12).

g. Monthly Tandler Homeownership Report.

h. Status of Town Hall Expansion Project/Budget Amendment (0‑2 & 3).

This the 12th day of February, 1990.

A RESOLUTION ACCEPTING A BID AND AWARDING A CONTRACT FOR AUDIO/VIDEO EQUIPMENT FOR TOWN HALL EXPANSION PROJECT (90‑2‑12/R‑10)

WHEREAS, the Town of Chapel Hill has solicited formal bids by legal notice in The Chapel Hill Newspaper on December 31, 1989, in accordance with G.S. 143‑129 for audio/video equipment for the Town Hall Expansion Project; and

WHEREAS, the following bids were received and opened on January 15, 1990:

Vendor Base Bid Price

Midwest Communications Corp. $ 102,013.00

Long Communications Group 115,446.00

NOW, THEREFORE, BE IT RESOLVED by the Town of Chapel Hill that the Town accepts the bid of Midwest Communications Corporation in the amount of $102,013 minus line item deducts and Alternates #2 and #3 for the grand total of $89,106.00 for audio/video equipment for the Town Hall Expansion Project.

This the 12th day of February, 1990.

A RESOLUTION ACCEPTING A BID AND AWARDING A CONTRACT FOR FURNITURE FOR TOWN HALL EXPANSION PROJECT (90‑2‑12/R‑11)

WHEREAS, the Town of Chapel Hill has solicited formal bids by legal notice in The Chapel Hill Newspaper on December 24, 1989 in accordance with G.S. 143‑129 for the furniture for the Town Hall Expansion Project; and

WHEREAS, the following bids were received and opened on January 18, 1990:

Vendor Total Bid

1. Raleigh Office Supply $36,594.00

2. Elliott Office Equipment 61,158.43

3. Business systems G Interiors 61,254.51

4. Taff Office Equipment 65,423.40

5. Storr Office Environment 68,718.24

6. MacThrift Office Furniture (Disqualified. Failed to include the required bid bond.)

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town accepts the bid of Elliott Office Equipment in the amount of $61,158.43 for furniture for the Town Hall project.

This the 12th day of February, 1990.

A RESOLUTION OF INTENT TO CONSIDER UNDERTAKING MAT AND SEAL STREET IMPROVEMENTS ON A PORTION OF MARKHAM DRIVE (90‑2‑12/R‑12)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council accepts a petition and intends to consider undertaking a project for mat and seal street improvements on a portion of Markham Drive.

1. The Town has received a petition requesting mat and seal improvements on a portion of Markham Drive and the petition has been determined to be valid under G.S. 160‑217(a).

2. Markham Drive includes a portion of gravel roadway presently maintained by the Town.

3. The Town would install mat and seal street improvements on Markham Drive and assess owners of property abutting the improved sections of Markham Drive on an equal share per lot basis.

4. The assessment amount will be 100% of the actual, total project cost upon completion (not including the cost of improvements made at street intersections), which cost shall include construction, legal services, any interest charges, in right‑of‑way acquisition, and publication expenses.

5. Owners of assessed property shall have the option of paying the assessment in one cash payment within 30 days after publication of confirmation of the final assessment roll, or in not more than 3 annual installments with interest at an annual rate of 8%, the first of which will be due and payable concurrently with property taxes.

6. The Town herewith calls a public hearing at 7:30 p.m. on Monday, March 19, 1990 to consider adoption of a resolution to undertake the above‑described project.

This the 12th day of February, 1990.

AN ORDINANCE TO AMEND "THE ORDINANCE CONCERNING APPROPRIATIONS AND

THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1989" (90‑2‑12/0‑2)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled "An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 1989", as duly adopted on May 22, 1989, be and the same is hereby amended as follows:

ARTICLE I

Current Revised

Budget Increase Decrease Budget

APPROPRIATIONS

CAPITAL RESERVE FUND

Reserve for Future

Capital Improvements 400,000 375,000 25,000

Transfer to Capital

Improvements Fund 420,000 375,000 795,000

CAPITAL IMPROVEMENTS

FUND

Transfer to Capital

Projects Ordinance 0 500,000 500,000

REVENUES

CAPITAL IMPROVEMENTS

FUND

From Capital Reserve

Fund 420,000 375,000 795,000

Fund Balance 1,004,504 125,000 1,129,504

This the 12th day of February, 1990.

AN ORDINANCE TO AMEND CAPITAL PROJECTS ORDINANCE FOR PUBLIC BUILDINGS AND PUBLIC MEETING ROOMS (90‑2‑12/0‑3)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance 86‑12‑8/0‑5 entitled "A Capital Projects Ordinance for Public Buildings and Public Meeting Rooms" is hereby amended as follows:

Section III ‑ Revenues anticipated to be available for the project are amended as follows:

Current Revised

Budget Increase Decrease Budget

Sales Tax Refund 0 40,000 40,000

Interest Earnings 175,000 78,000 253,000

From Capital Improve-

ments Fund 0 500,000 500,000

Section IV ‑ appropriations for the Town Hall Expansion Project are amended as follows:

Current Revised

Budget Increase Decrease Budget

Construction 2,075,000 618,000 2,993,000

This the 12th day of February, 1990.

Mayor Pro Tem Preston, noting the difficulty of moving the joint planning hearing on February 28th, proposed the possibility of rescheduling the work session scheduled for February 27th. Council Member Andresen indicated that she would favor moving the work session. Interim Town Manager Loewenthal noted her desire to schedule the work session as soon as possible, due to the nearterm possibility of letting a contract for design work on NC 86. Mayor Pro Tem Preston inquired about the possibility of holding a work session on February 27th earlier in the day. Council Member Andresen, citing previous daytime commitments, suggested holding the work session on Thursday, March 1st. Council Member Herzenberg noted that he would be leaving Town on March 1st to attend the National League of Cities meeting. Mayor Pro Tem Preston suggested that the meeting schedule remain as currently proposed for February 26, 27 and 28.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER WILKERSON, TO ADOPT CONSENT AGENDA ITEMS A&B AS PRESENTED. THE MOTION WAS ADOPTED UNANIMOUSLY (7‑0).

A RESOLUTION REGARDING A JOINT PUBLIC HEARING ON AMENDING THE JOINT PLANNING AGREEMENT AND JOINT PLANNING LAND USE PLAN WITH RESPECT

TO UNIVERSITY LAKE WATERSHED (90‑2‑12/R‑8)

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

Council concurs with holding a joint public hearing with the Orange County Board of Commissioners and Carrboro Board of Aldermen at 7:30 p.m. on February 28, 1990 at Carrboro Elementary School to receive citizens' comments on amending the Joint Planning Agreement and Joint Planning Area Land Use Plan and Text with respect to the University.

This the 12th day of February, 1990.

A RESOLUTION SCHEDULING WORK SESSIONS (90‑2‑12/R‑9)

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

Council hereby schedules the following work sessions at 7:30 p.m. on the following:

Tuesday, February 27, 1990 (discussion of transportation improvements)

Thursday, May 10 and

Tuesday, May 15, 1990: (budget work sessions)

This the 12th day of February, 1990.

Mayor Pro Tem Preston noted that no report would follow this evening's Executive Session.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN,

TO ADJOURN THE REGULAR MEETING INTO EXECUTIVE SESSION. THE MOTION WAS ADOPTED UNANIMOUSLY (8‑0).

The regular meeting concluded at 9:46 p.m.