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

   TOWN OF CHAPEL HILL, MONDAY, FEBRUARY 26, 1990, 7:30 P.M.

 

Council Members in attendance were: Julie Andresen, Joyce Brown, Nancy Preston, Alan Rimer, James C. Wallace, Arthur Werner, and Roosevelt Wilkerson. Mayor Howes noted that Council Member Joe Herzenberg was visiting the Town's Sister City of San Jorge, Nicaragua, and was absent excused.

 

Also in attendance were Assistant to the Mayor, Lisa Price, 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.

 

Mayor Howes noted that the Council was holding the first of three meetings this week. He said that *he Council would be holding a work session on roadway improvements on Tuesday evening, and would be attending a joint planning public hearing on watershed issues on Wednesday evening. Council Member Wallace added that the Council Committee on Parking Lot Number One and Related Matters would be meeting on Thursday at noon.

 

Petitions

 

Debbie Dibbert, Executive Director of the Downtown Commission, noted that revenues from the downtown service district tax, coupled with labor donated by the Town's Public Works Department, would permit the construction of several capital improvement projects in the downtown area. Ms. Dibbert stated that seven improvement projects were recommended, having total material costs of $4,000. Ms. Dibbert noted that possible projects would include the installation of planters along West Franklin Street, improving landscaping at parking lot #2, and placing American Flags along Rosemary Street.

 

Ms. Dibbert stated that a downtown streetscape workshop would be held on Monday and Tuesday, March 5 and 6, between 9:00 a.m. and 6:00 p.m., at the former Benetton store on West Franklin Street. Ms. Dibbert encouraged all interested parties to attend the workshop. Council Member Andresen inquired whether the Downtown Commission was responsible for the flag display on Martin Luther King Day. Ms. Dibbert said no, noting that the Town had coor­dinated this effort.

 

Bill Hutchins, representing the Public Information Network Working Group (PINWoG), said his organization had been working with representatives of the Town of Carrboro, Orange County, the University and the Town, to establish a computerized public information network. Mr. Hutchins said that such a system would allow citizens to contact their Town government on an around the clock basis.

 

Mr. Hutchins stated that Cleveland, Ohio, and Santa Monica, California both have citizens computer bulletin boards. Mr. Hutchins noted that the systems of both cities are run on mainframe computers. Mr. Hutchins said that the systems provide an array of information concerning a variety of topics. Mr. Hutchins stated that the City of Santa Monica system received 35,000 inquiries in its first year of operation. Mr. Hutchins said that the level of computer interest in orange County is about the same as in Santa Monica. Mr. Hutchins concluded his remarks by stating that estimated capital equipment costs for the system, not including telephone lines, were $15,000.

 

Council Member Rimer said that as a computer user, he was intrigued by PINWOG's proposal to make local government information available in citizen's homes and at public access terminals. Council Member Rimer expressed his desire to have the proposal considered during budget deliberations. Council Member Brown inquired about the possibility of receiving equipment donations for the system. Mr. Hutchins said PINWoG wanted to receive expressions of interest in their conceptual proposal prior to investigating equipment donation possibilities. Council Member Wilkerson asked whether there were any systems currently in use similar to the one proposed. Mr. Hutchins noted that the cities of Santa Monica, California, and Cleveland, Ohio, have citizen computer bulletin board networks.

 

COUNCIL MEMBER WILKERSON MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO REFER THE PROPOSAL TO THE TOWN MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (8‑0).

 

Council Member Andresen inquired whether the Council would receive a follow‑up report prior to budget consideration. Mayor Howes said yes.

 

Council Member Andresen noted that a joint public hearing concern­ing watershed matters would be held on Wednesday evening, February 28th. Council Member Andresen noted that there would be a dialogue on proposed amendments to the joint plan, followed by comments on proposed changes in watershed regulations in Orange County. Council Member Andresen encouraged citizens and Council members to attend the hearing.

 

Council Member Rimer said he had spoken to Dan Okun earlier in the day. Council Member Rimer stated that Mr. Oaken, a strong advocate of conserving the watershed, preferred to keep the area as pristine as possible. Council Member Rimer, noting that the water supply could potentially be in jeopardy, encouraged all citizens to speak at the hearing. Council Member Wallace also urged concerned citizens to speak at the hearing.

 

Council Member Werner noted that the Council had more moral suasion than a direct vote in watershed matters. Mayor Howes said that the Council had a partial vote in the matter. Mayor Howes added that the Orange County Commissioners had received a sig­nificant number of comments from their constituents. Mayor Howes noted that materials pertaining to the February 28th hearing were available for inspection in the Clerk's Office. Mayor Howes urged citizens to participate in the hearing. Council Member Wallace inquired whether any action was anticipated on Wednesday evening. Mayor Howes said no.

 

Open Space Payments‑in‑Lieu

 

Interim Town Manager Sonna Loewenthal noted that developers could elect to make payments in lieu of the dedication of open space. Ms. Loewenthal stated that approximately $300,000 of payments‑in-­lieu had been received to date from the Merritt Mill Road, Mills court, Oaks II and Old Bridge subdivisions. Ms. Loewenthal reviewed the proposed improvements which would be funded by payments‑in‑lieu.

 

Council Member Preston asked whether there were any rules about how long funds could be kept. Ms. Loewenthal said no. Council Member preston inquired why the funds were being spent at present. Ms. Loewenthal stated that progress was currently being made in the general master planning of neighborhood parks, triggering land acquisition and related improvements. Council Member Preston asked whether funds were used to enhance areas in the immediate vicinity of the appropriate subdivision. Ms. Loewenthal said yes, noting that residents would benefit from facilities in their own area. council Member Preston inquired about the upkeep of the areas. Ms. Loewenthal said that Parks and Recreation staff would maintain the areas.

 

Council Member Andresen inquired why interest accumulated to date would be used for contingencies. Ms. Loewenthal stated that only general plans had been made to date. Ms. Loewenthal said that contingency funds would possibly be needed to carry out final plans.

 

Council Member Brown inquired whether neighborhood residents had been approached about the Town's proposed open space plans. Ms. Loewenthal said this had not yet occurred, noting that the Parks and Recreation and Greenways Commissions had input in the decision­making process. Council Member Brown asked whether the process could be developed to include input of neighborhood residents. Ms. Loewenthal said yes. Council Member Werner said he supported the concept of payments‑in‑lieu for open space. Council Member Wilkerson invited council members to meet with residents of the Pine Knolls area on March 8th at 8:00 a.m. to explore open space in that area.

 

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO ADO?r RESOLUTION 1. THE MOTION WAS ADOPTED UNANIMOUSLY (8‑0).

 

A RESOLUTION APPROVING THE RECOMMENDED ALLOCATION OF FUNDS FROM PAYMENTS‑IN‑LIEU OF PROVIDING OR DEDICATING OPEN SPACE (90‑2‑26/R‑1)

 

WHEREAS, the Town of Chapel Hill is authorized by North Carolina General Statute 160A‑372 and its own Development Ordinance to receive payments‑in‑lieu of the provision or dedication of open space in subdivisions; and

 

WHEREAS, the Town has accumulated approximately $328,484 from payments‑in‑lieu of the provision or dedication of open space in subdivisions; and

 

WHEREAS, the Town staff has identified new and existing park sites where improvements and/or additions are needed, and where payment­in‑lieu of open space funds could be used to provide these improvements and/or additions; and

 

WHEREAS, the Parks and Recreation Commission and the Greenways Commission have consistently reviewed the Town's recreational open space and capital improvement needs, for both new and existing park sites and have approved of the staff recommendations for the allocation of payments‑in‑lieu of providing open space, as follows:

 

     Old Bridge Subdivision ($2,054.40)

     -    Development of the Town‑owned Merritt property along Morgan Creek, west of the intersection of U.S. 15‑501 South and N.C. 54 West, for Morgan Creek greenway and neighborhood park purposes.

 

     Oaks II ($199,080)

     -    Development of Little Creek Nature Park - $159,080

 

     ‑    Construction of a fitness/hiking trail at Ephesus Park - $20,000

 

     ‑    Reimbursement to the 1986 Bond Revenue Account for original acquisition of land for Little Creek Nature Park - $20,000

 

     Merritt Mill Road Duplexes ($7,000)

     -    Construction of playground facilities at the Pine Knolls Neighborhood Center - $7,000

 

     Lee Court ($73,988)

     -    Development of the North Forest Hills Neighborhood Park -$73,988

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the allocations of funds from payments‑in‑lieu of the provision or dedication of open space as noted above, be included in the 1990‑95 Capital Improvements Program.

 

This the 26th day of February, 1990.

 

Festifall Street Fair

 

Parks and Recreation Director Mike Loveman noted that the use of West Franklin Street had been proposed for alternating street fairs in the Town. Mr. Loveman said that the West Franklin Street location would offer the advantages of: greater diversity in scenery, more potential space, a tree‑shaded atmosphere, and several points of pedestrian access.

 

Mr. Loveman said that the West End Street Fair, held in November, 1989, had been successful due to the good planning and cooperation for this event. Mr. Loveman noted that the fair had about one hundred booths and over five thousand participants. Mr. Loveman said that the Town's Festifall street fair typically has about one hundred and sixty booths, entertainment, a chili cookoff, and about eighteen to twenty thousand participants. Mr. Loveman said the West Franklin Street site would allow more space between booths. Mr. Loveman said the type of entertainment could possibly be changed, facilitating a quieter environment.

 

Mr. Loveman cited a number of operational concerns relating to holding fairs on West Franklin Street, including the existence of eight side streets, which would require barricading and staffing. Mr. Loveman indicated that the bus station had agreed to make alternate arrangements for handling bus routing on the day of the festival. Mr. Loveman said that an informal survey of area merchants had found a great deal of support for the event. Mr. Loveman said that the Town staff would contact churches in the area to receive their input about operational matters. Mr. Loveman said that the First Baptist Church may not support the fair on West Franklin Street due to possible impacts on its services. Mr. Loveman said that otherwise, the site appeared to be very suitable for a fair. Mr. Loveman said he and the Town staff would work with the Downtown Commission, merchants, churches and area residents to organize the Festifall event on West Franklin Street in 1990.

 

Betty Maultsby, citing a passage from the Council minutes of March, 1972, noting that the Town's fairs were not designed to make people aware of businesses in the area, requested that the Council not adopt a resolution to move future fairs to West Franklin Street. Ms. Maultsby said that Apple Chill and Festifall are the only two days on which artisans and craftspersons are permitted to sell their products in the downtown area. Ms. Maultsby suggested that the fair be expanded on East Franklin Street, rather than moving it to West Franklin Street. Ms. Maultsby expressed concern about the lack of availability of parking on West Franklin Street, noting the need for participants to have close access and the ability to unload items near their booths. Ms. Maultsby suggested that the Town arrange to hold smaller arts and crafts fairs downtown on Saturdays.

 

Council Member Preston inquired about the size of the current East Franklin Street and proposed West Franklin Street sites. Mr. Loveman said the East Franklin Street site is approximately fifteen hundred feet long, while West Franklin Street between Church Street and Merritt Mill Road is about one and a half times this length.

 

Council Member Preston inquired about arrangements for alternate routing from the bus station. Mr. Loveman said this did not pose any operational problems, since alternate arrangements had previously been made for the Christmas parade and other similar events. Council Member Preston said she supported the concept of alternating street fairs, but expressed concern about diluting the festive atmosphere across a larger area. Mr. Loveman said this factor was offset somewhat by concerns about the limited number of booth spaces on East Franklin Street. Mr. Loveman added that alternating street fair locations would permit the staff to program events a little bit differently than in the p?st.

 

Council Member Preston asked whether area businesses had been open on past festival days. Mr. Loveman said that many of the busi­nesses were not open, although some establishments such as restaurants were open. Council Member Brown inquired whether there was any reason that Festifall could not be extended beyond the Morehead Planetarium on East Franklin Street. Council Member Brown also inquired about the possibility of receiving input about the festival site from past participants. Mr. Loveman indicated that the Town had previously agreed to continuously maintain at least one access point to the planetarium on festival days. Mr. Loveman noted that a non‑scientific survey had been performed at Apple Chill. He noted that participants in this survey did not favor alternating fairs between East and West Franklin Streets. Mr. Loveman expressed the need for conducting a survey of participants at Festifall. Mayor Howes noted that the resolution before the Council only addressed Festifall's location in 1990. Mayor Howes noted the importance of properly evaluating the experience. Mayor Howes noted that Council Member Herzenberg vigorously supported the concept of alternating street festivals on East and West Franklin street.

 

COUNCIL MEMBER WILKERSON MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADOPT RESOLUTION 1.1.  THE MOTION WAS ADOPTED BY A VOTE OF 7‑1, WITH COUNCIL MEMBER BROWN VOTING NO.

 

A RESOLUTION AUTHORIZING THE USE OF WEST FRANKLIN STREET FOR THE 1990 FESTIFALL STREET FAIR LOCATION (90‑2‑26/R‑1.1)

 

WHEREAS, the Chapel Hill Parks and Recreation Department will use the same authorized criteria for the selection of vendors and community groups for booth spaces; and

 

WHEREAS, affected businesses, churches, and residents will be notified about the street fair; and

 

WHEREAS, access to the area for public safety and emergency vehicles will be maintained by public safety officers stationed at all barricades;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the use of West Franklin Street for the location of the 1990 Festifall Street Fair.

 

This the 26th day of February, 1990.

 

 

Resource Conservation District Regulations

 

Town Attorney Karpinos said he was responding to a petition from Mr. Louis Shook concerning the location of homes relative to the Resource Conservation District. Mr. Karpinos stated that Mr. Shook had requested an estoppel letter and an amendment to the Town's development ordinance. Mr. Karpinos said he believed that the issuance of an estoppel letter would not be authorized under State law. Mr. Karpinos said that the Interim Town Manager and himself had provided a resolution for the Council to initiate the amendment process, but adoption of the resolution was not recommended.

 

Mr. Shook stated that the Council, not himself, should initiate a request for a change in regulations, since situations similar to his own would arise in the future. Mr. Shook said he would request a variance from the Board of Adjustment to address his individual situation.

 

Council Member Rimer asked Mr. Karpinos whether he believed that situations of this type should be handled on a case‑by‑case basis. Mr. Karpinos said yes, noting that the staff did not have a position on whether a development ordinance amendment should be enacted. Mr. Karpinos said that the Town Manager and he felt that Mr. Shook would be the most appropriate party to request an amendment.

 

Council Member Rimer observed that the course of streams change over time. Council Member Rimer said that the Council appeared to be in a better position to call a hearing. Council Member Rimer noted that he had been unable to speak to Town Engineer George Small about this matter. Mr. Karpinos noted that regardless of whether the amendment request were initiated by the Council or an individual, it would be referred to the Town staff and the Federal Emergency Management Agency (FEMA) for a detailed review. Mr. Karpinos said Mr. Shook's argument that the situation was broader than his own situation was a fair one.

 

Council Member Preston inquired about the process which would surround a public hearing. Mr. Karpinos said the staff would develop a proposed ordinance based on Planning Board and Council public hearings, and comments from FEMA. Council Member Preston asked whether a date was being set for the hearing. Mr. Karpinos said no, since the length of involvement by the Planning Board and FEMA was uncertain.

 

Mayor Howes inquired how many lots would be potentially impacted. Mr. Karpinos said he was uncertain. He added that lots should be designed so that variances are not needed initially. Ms. Loewenthal said she did not have specific numbers.

 

Council Member Rimer noted that the concern triggering the proposed amendment was the financing of homes alongside streams and creeks. Ms. Loewenthal stated that such financing could pose problems with out‑of‑town lenders. Council Member Wilkerson expressing concurrence with‑Council Member Rimer's remarks, said he had personally experienced financing problems with his own home due to its proximity to waterways.

 

Council Member Werner stated that Resource Conservation District regulations had been adopted approximately five years ago. Council Member Werner inquired whether there were any plans to review the entire ordinance in the near term. Ms. Loewenthal responded that there were not any plans to review the ordinance in the next twelve to eighteen months.

 

Council Member Rimer inquired what would occur if Mr. Shook requested an ordinance amendment. Mr. Karpinos responded that the application would be reviewed by the Town staff, Federal Emergency Management Agency, Planning Board and the Council. Council Member Rimer said it appeared that the Council ought to initiate the amendment process.

 

Council Member Preston asked how much staff review time would be required for a thorough review. Mr. Karpinos said this was difficult to determine. Council Member Andresen inquired how long it would take to receive a response from the Federal Emergency Management Agency. Ms. Loewenthal said approximately six months, based on past experience. Mr. Waldon stated that the drafting of amendment language would not take very long, but a considerable amount of staff time would be needed for composing memorandums to boards and commissions.

 

Mayor Howes inquired whether Mr. Shook would file his application if the Council followed the staff recommendation. Mr. Shook said yes, adding that he did not feel it was his responsibility to resolve the overall problems posed by existing resource conserva­tion district regulations. Council Member Werner said he saw little difference between whether Mr. Shook or the Council initiated the proposed amendment. Ms. Loewenthal said this was correct. Mr. Shook said he was requesting the Council's interven­tion as a matter of principle, since he would have to outlay personal time and effort if he were to initiate the amendment process.

 

Council Member Preston inquired whether the staff was drafting a possible text amendment and investigating the problem in a larger context. Ms. Loewenthal said this was correct.

 

COUNCIL MEMBER WILKERSON MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT RESOLUTION 2. THE VOTE WAS TIED 4‑4, WITH COUNCIL MEMBERS BROWN, RIMER, WALLACE AND WILKERSON VOTING YES, AND COUNCIL MEMBERS ANDRESEN, PRESTON, WERNER AND MAYOR HOWES VOTING NO. THE ITEM WAS CARRIED OVER FOR CONSIDERATION AT THE MARCH 6TH COUNCIL MEETING.

 

Hotel/Motel Tax Allocations

 

Ms. Loewenthal said she was recommending that the Parks and Recreation staff make recommendations to the Council concerning funding allocations for visitor or cultural activities. Ms. Loewenthal noted that this process had been initiated and that staff would make recommendations prior to the Council's considera­tion of the budget. Ms. Loewenthal stated that recommendations could alternatively be made to a committee of the Council.

 

Council Member Preston suggested modifying language in Resolution 3 to read "...the Council be able to review applications.." Council Member Werner said this would largely change the process. Council Member Preston said she would like to have the opportunity to read individual applications. Council Member Wilkerson suggested that individual Council members could review applications if they chose. Ms. Loewenthal noted that proposals would be brought before the Council on April 23rd as a part of the Manager's recommended budget.

 

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER

ANDRESEN, TO ADOPT RESOLUTION 3a. THE MOTION WAS ADOPTED UNANIMOUSLY.

 

A RESOLUTION ESTABLISHING A PROCESS FOR REVIEWING PROJECT PROPOSALS FOR USE OF HOTEL/MOTEL TAX REVENUES (90‑2‑26/R‑3a)

 

WHEREAS, the Council adopted criteria for considering project proposals for use of hotel/motel tax revenues; and

 

WHEREAS, the project application process, for the current fiscal year, has already begun; and

 

WHEREAS, the Parks and Recreation Commission has requested that it no longer be a part of the project proposal review process; and

 

WHEREAS, Town staff will evaluate project proposals and make recommendations to the Council on April 23, 1990;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorize this process and schedule for the review and allocation of funds from the hotel/mot­el tax revenues.

 

This the 26th day of February, 1990.

 

Tandler Homeownership Evaluation Report

 

Ms. Loewenthal introduced Dr. Michael Stegman and Dr. Michael Luger to make their report concerning the Tandler Homeownership program.

 

Dr. Stegman noted that the report had not been given to the staff until Friday evening. Mayor Howes noted that many members of the Council had not had the opportunity to read the report. Mayor Howes requested that Dr. Stegman present a summary of key recommenda­tions.

 

Dr. Stegman stated that the report addressed several key questions including: did the program serve the needs of the target popula­tion?, how well did the public/private partnership work?, and what could be done better in the future? Dr. Stegman said the report also examined marketing issues and financing techniques.

 

Dr. Stegman said that financing for Tandler was a complicated program. He noted that an analysis of the program concluded that those individuals desiring to buy and sell in the short‑term would not fare very well financially.

 

Dr. Stegman said that twenty‑eight of the thirty‑five homes in the Tandler subdivision had been built, sold and occupied, five were under construction and the two remaining homes were in the final closing process.

 

Dr. Stegman noted that the average income for a Tandler home buyer was $20,770 or 63% of the median income per household. Dr. Stegman said that the window of opportunity for homeownership was quite small, as was the size of the average household (2.5 residents per home). Dr. Stegman noted that income limits for smaller households were less than those for larger households.

 

Dr. Stegman said that the Housing and Community Development staff had learned a great deal from administering the Tandler program. Dr. Stegman noted that the Town's mission was complicated by the fact that it did not have a professional marketing staff. Dr. Stegman suggested that professional marketing staff be used for any programs of this type in the future. Dr. Stegman also indicated that there was almost universal unhappiness about the Town sharing appreciation in the homes. Dr. Stegman said he recommended the simplification of the financial program.

 

Dr. Stegman said that the Town had not compiled a program manual for Tandler, outlining administrative guidelines and related documents. Dr. Stegman also said that clarification was needed concerning the handling of owner‑financed

improvements.

 

Council Member Andresen said she hoped that the staff could be urged to put together specific program recommendations. Council Member Andresen expressed concern that owners of Tandler homes would be unlikely to move into unsubsidized housing due to economic constraints. Council Member Andresen noted that in its early discussions concerning Tandler, the future of original buyers was not explored. Council Member Andresen noted that although the desired population of owners had been successfully targeted, it was unlikely that incomes would increase faster than the rate of inflation. Council Member Andresen suggested that the sharing of appreciation should not necessarily apply at very low levels.

 

Council Member Andresen asked whether the Tandler model should be repeated for future Town housing programs. Dr. Stegman said the situation was a complicated one, in which experiences could not be easily translated to programs such as Culbreth Park. Dr. Stegman suggested that future homeownership programs could be targeted at long‑term owners.

 

Council Member Werner said it was interesting to hear that owners had incomes averaging 63% of the median. Council Member Werner stated that the program appeared to have been remarkably success­ful in reaching the program's target population. Dr. Stegman noted that there were approximate?y one hundred and forty applicants for the program, one‑half of whom withdrew or did not qualify. Dr. stegman noted that many of the persons who met income qualifica­tions did not meet credit guidelines.

 

Council Member Wallace inquired whether the project was a desirable one in the sense of social significance. Dr. Stegman said yes. Council Member Wallace asked whether it was possible to develop future programs of this type which would be more advantageous to buyers and the Town. Dr. Stegman stressed the importance of a preliminary examination of private components in future public­private homeownership programs. Dr. Stegman said that Tandler and other programs of this type had proven that there is a private market for affordable housing programs.

 

Council Member Wilkerson inquired whether it had been possible to determine target price ranges for homes without the benefit of private cost information. Dr. Luger stated that the actual target range for the program, $50,000 to $70,000 had been attained, but the unavailability of detailed cost information had caused some problems.

 

Mayor Howes suggested that the Housing Advisory Board also review the Tandler evaluation report, followed by additional Council discussion in the future. Council Member Wilkerson stressed the need to follow through on many of the recommendations outlined by Dr. Stegman.

 

Mayor Howes proposed that the matter be referred to the Housing Advisory Board and staff.

 

Council Member Wallace said that the implementation of guidelines was needed as soon as possible. Council Member Andresen con­curred. Ms. Loewenthal said she was pleased that the guidelines could be completed with guidance from Dr. Luger's and Dr. Stegman's report.

 

COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER WILKERSON, TO REFER THE MATTER TO THE HOUSING ADVISORY BOARD AND TOWN STAFF. THE MOTION WAS ADOPTED UNANIMOUSLY (8‑0).

 

Ms. Loewenthal noted that the staff was in the process of reviewing Tandler program administration and guidelines based on Dr. Stegman's and Dr. Luger's report.

 

Response to Tandler Homeowner Concerns

 

Housing and Community Development Director Tina Vaughn said she was providing a follow‑up report to concerns expressed by Ms. Detwiler at the November 21st Council meeting. Ms. Detwiler had expressed concern that she received no information about shared appreciation at the time of her house closing. Ms. Vaughn said that the attorney for Tandler had discussed deeds of trust and second mortgages with prospective Tandler homeowners at the time of closing. Ms. Vaughn also noted that the staff was in the process of preparing guidelines for future Tandler home buyers.

 

Ms. Vaughn added that the staff was constructing several scenarios to walk through with future owners.

 

Council Member Wallace inquired whether the private sector's failure to share information about costs had served as a program impediment. Ms. Vaughn noted that the private partners involved with Tandler had not disclosed how much profit was made on the Tandler program. Council Member Wallace inquired whether this made it impossible to discuss shared appreciation. Ms. Vaughn said that this area could be explored to a limited extent.

 

Ms. Detwiler said she did not know about shared appreciation until two weeks after the purchase of her Tandler home. Ms. Detwiler said that four other Tandler homeowners did not know about shared appreciation clauses until very recently. Ms. Detwiler said she was very concerned that this aspect of the program was not disclosed to buyers.

 

Frank Camp, a Tandler homeowner, said his original purchase agreement contained no mention of shared appreciation. Mr. Camp said that when he installed a front porch on his home, Capricorn­Isler wanted the money up‑front for this improvement. Mr. Camp expressed concern that he would lose 25% of his personal investment on this improvement.

 

Dr. Luger indicated that Tandler owners were currently receiving a favorable rate of return on their investment. Dr. Luger noted that the Tandler evaluation report contained some recommendations concerning privately‑financed homeownership options.

 

Council Member Wallace said that full disclosure was needed in future programs of this type. Council‑Member Wallace said he was distressed that many parties had said that they were never told or did not understand certain homeownership provisions.

 

Ms. Detwiler said she and her husband would not have bought her Tandler home had she known of the shared appreciation aspect of the closing agreement.

 

Council Member Wilkerson assured Ms. Detwiler and other concerned parties that the Town would do all in its power to correct past mistakes. Ms. Detwiler said that federal truth‑in‑lending laws should apply to Town regulations and disclosure as well.

 

Council Member Andresen said that Tandler was a grand experiment. Council Member Andresen said she had concerns throughout the project about the Town's involvement as a developer and marketer.

 

Ms. Loewenthal noted present owners and buyers were being asked to meet with Town staff to respond to specific questions.  Ms. Loewenthal said that some information concerning Tandler homes had not been communicated effectively in the past.  Ms. Detwiler said that she would like to meet with Town officials as soon as possible. Ms. Loewenthal stressed the need to make home owners and buyers as comfortable as possible. Mayor Howes stated that Ms. Detwiler's and Mr. Camp's comments lent urgency to the staff response to the Tandler evaluation report.

 

Nominations to Parks and Recreation Commission

 

Council Members Werner and Preston proposed that all applicants be entered into nomination for appointment consideration at the March 6th meeting.

 

Planning Board Appointment

 

Pat Evans received five votes and was appointed to the seat vacated by Alan Rimer.

 

Mayor Howes noted that the County Planning Board was in the process of seeking a Town resident to serve on that body. Council Member Andresen said this situation was a great opportunity since a lot would be happening in the next few years. Council Member Wallace inquired whether the County would make the actual appointment. Mayor Howes said yes, noting that recommendations by the Council would be considered.

 

Consent Agenda

 

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO ADOPT THE CONSENT AGENDA AS PRESENTED. THE MOTION WAS ADOPTED UNANIMOUSLY (8‑0).

 

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES (90‑2‑26/R‑4)

 

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.   Request to extend time for report on Mixed Use (R‑5).

 

     b.   Apple Chill Street Fair parking regulations and street fair (April 8) (R‑6, 0‑1).

 

     c.   Request for noise permit for the Carolina Beach Blast (April 8) (0‑2).

 

     d.   Request to close Raleigh Road for Springfest (April (R‑7).

 

     e.   Downtown Commission noise exemption request for Arts at Lunch events (0‑3).

 

     f.   Request for noise permit for Pi Kappa Phi Burnout Fundraising Party (April 6) (0‑4).

 

     g.   A resolution denying a request for noise exemption for Granville Towers outdoor event (April 26) (R‑8).

 

     h.   Maple/Dixie/Stateside assessment rolls hearing date (March 19) (R‑9a, 9b).

 

This the 26th day of February, 1990.

 

 

A RESOLUTION EXTENDING THE TIME FOR DELIVERY OF A REPORT ON MIXED USE (90‑2‑26/R‑5)

 

WHEREAS, the Council has directed that a comprehensive review of Chapel Hill's Mixed Use regulations be undertaken, with a request that a report with recommendations be submitted to the Council for its consideration;

 

NOW, THEREFORE, BE I? RESOLVED by the Council of the Town of Chapel Hill that the Council directs the Town Manager to place this item on the Council's regular meeting scheduled for April 9, 1990.

 

This the 26th day of February, 1990.

 

 

A RESOLUTION TEMPORARILY CLOSING PORTIONS OF FRANKLIN STREET AND HENDERSON STREET (APPLE CHILL '90) (90‑2‑26/R‑6)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby directs the closing of Franklin Street between Columbia Street and the western entrance of the Morehead Planeta­rium parking lot, and of Henderson Street between Rosemary and Franklin Streets on Sunday, April 8 or April 22, 1990 from 11:00 a.m. to 8:00 p.m., to allow the holding of the Apple Chill Street Fair and cleanup of the street following the Fair.

 

This the 26th day of February, 1990.

 

 

AN ORDINANCE TEMPORARILY REMOVING PARKING FROM PORTIONS OF FRANKLIN AND HENDERSON STREETS (APPLE CHILL '90) (90‑2‑26/0‑1)

 

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

 

That on the 8th or 22nd day of April, 1990, between the hours of 12:30 and 8:00 p.m., there shall be no parking on either side of Franklin Street between Columbia Street and the western entrance of Morehead Planetarium parking lot, or on either side of Henderson street between Franklin and Rosemary Streets between the above hours.

 

The Police Department of the Town of Chapel Hill is hereby authorized to cover the parking meters on said streets during such hours on said date. The Police Department is further authorized to remove, tow, and impound automobiles and vehicles of any kind which are parked on said streets during such hours in contravention of this Ordinance. In light of the large number of pedestrians expected in the Street Fair area, the Council hereby determines that vehicles in the restricted area would constitute a special hazard requiring prompt removal. The owner shall be responsible for and pay storage and moving costs of any vehicle removed pursuant to the provisions of the Ordinance, and the Police Department shall use reasonable diligence to notify the owner of the removal and storage of such vehicle.

 

This the 26th day of February, 1990.

 

 

AN ORDINANCE AMENDING CHAPTER 11 OF THE TOWN CODE OF ORDINANCES REGARDING NOISE CONTROL FOR A SPECIAL EVENT TO BE HELD ON APRIL 8, 1990 BETWEEN 1:00 PM AND 6:00 PM (90‑2‑26/0‑2)

 

WHEREAS, Ehringhaus Residence College, University of North Carolina at Chapel Hill, as sponsor of a proposed event called "Carolina Beach Blast," scheduled for Sunday, April 8, 1990, from 1:00 to 6:00 pm, has requested the Town Council to amend the Town's Noise Control Ordinance to enable the event to include outdoor amplified music; and

 

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

 

WHEREAS, the sponsors of the proposed Carolina Beach Blast have worked cooperatively with University officials and the community at large to limit the effect of the event on surrounding neighbor­hoods; and

 

WHEREAS, officials of the University of North Carolina have indicated support for the event to be held on the Ehringhaus Field;

 

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

 

                           SECTION I

 

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

 

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

 

Sunday                       75 dB(A)

(1:00 pm ‑ 6:00 pm)

 

                          SECTION II

 

Section I of this Ordinance shall be effective only on April 8, 1990 between 1:00 and 6:00 pm.

 

This the 26th day of February, 1990.

 

 

A RESOLUTION AUTHORIZING THE CLOSING OF A PORTION OF RALEIGH STREET ON APRIL 7, 1990 (90‑2‑26/R‑7)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the closing of a portion of Raleigh Street between south Road and Lenoir Drive from 11:00 am to 6:30 pm on Saturday, April 7, 1990, subject to the following conditions:

 

Representatives of Henderson Residence College and the Springfest Committee shall comply with reasonable directives by the Town's Police and Fire Departments, and by the University administration and Police Department, in order to assure safety of persons and property in the vicinity of the street closing.

 

Barricades must be placed at each end of the closing area, with officers stationed to enable access for emergency vehicles if necessary.

 

The portion of Raleigh street right‑of‑way in the vicinity of the Springfest activities must be cleared of litter and debris by 6:30 pm Saturday, April 7, 1990.

 

That failure to comply with these conditions could result in the revocation of the permit to use sound amplifying equipment to be issued by the Police Department.

 

This the 26th day of February 1990.

 

 

AN ORDINANCE AMENDING CHAPTER 11 OF THE TOWN CODE OF ORDINANCES REGARDING NOISE CONTROL FOR SPECIAL EVENTS TO BE HELD ON MARCH 8, APRIL 12, MAY 10, JUNE 14, JULY 12, AUGUST 16, SEPTEMBER 20, AND OCTOBER 18, 1990 BETWEEN 12 NOON AND 1:00 PM (90‑2‑26/0‑3)

 

WHEREAS, the Chapel Hill/Carrboro Downtown Commission as sponsor of the proposed events called "Arts At Lunch," scheduled for the third Thursday of the month (March 8, April 12, May 10, June 14, June 12, August 16, September 20, and October 18, 1990) from 12 noon to 1:00 pm has requested the Town Council to amend the Town's Noise Control Ordinance to enable the events which include outdoor amplified music; and

 

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

 

WHEREAS, the sponsors of the proposed Arts At Lunch events plan to provide day time programs to encourage activity in downtown Chapel Hill; and

 

WHEREAS, outdoor amplified music at the proposed times and locations will have little impact on non‑participants;

 

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

 

                           SECTION I

 

Amend Section 11‑39 (d) (3) as follows:

 

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

 

Thursday                75dB(A)

(12:00 noon ‑ 1:00 pm)

 

                          SECTION II

 

Section I of this ordinance shall be in effect only on March 8, April 12, May 10, June 14, July 12, August 16, September 20, and October 18, 1990 between 12 noon and 1:00 pm.

 

This the 26th day of February, 1990.

 

 

AN ORDINANCE AMENDING CHAPTER 11 OF THE TOWN CODE OF ORDINANCES REGARDING NOISE CONTROL FOR A SPECIAL EVENT TO BE HELD ON APRIL 6, 1990 BETWEEN 1:00 PM AND 7:00 PM (90‑2‑26/0‑4)

 

WHEREAS, the sponsor of the 1990 Burnout Event, Pi Kappa Phi fraternity, is proposing to hold the event at 216 Finley Golf Course Road on Friday, April 6, 1990 to raise funds for the North Carolina Burn Center; and

 

WHEREAS, this event includes plans for outside amplified sound between 1:00 pm and 7:00 pm; and

 

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

 

WHEREAS, the sponsors of the proposed Burnout event have worked cooperatively with Town and Finley Golf Course officials and surrounding neighborhood homeowners associations in order to limit the effect of the proposed event on the surrounding community; and

 

WHEREAS, organizers of the event have submitted a plan which includes measures to control parking, traffic, litter, illegal consumption of alcoholic beverages, and proposes providing shuttle bus service, adequate portable toilet facilities and event security personnel to attendees;

 

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

 

                           SECTION I

 

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

 

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

 

Friday                       75 dB(A)

(1:00 pm ‑ midnight Friday)

 

                          SECTION II

 

Section I of this Ordinance shall be effective only on April 6, 1990 between 1:00 pm and 5:00 pm.

 

BE IT FURTHER ORDAINED that the memorandum dated February 8, 1990 to Police Chief Arnold Gold, from Pi Kappa Phi representatives Greg Roberts and Eric McDonald, be maintained as a part of the permanent record of this meeting and the contents and conditions described in said memorandum be included as conditions that accompany the issuance of a noise permit for the 1990 Burnout event.

 

This the 26th day of February 1990.

 

 

A RESOLUTION DENYING A REQUEST TO AMEND CHAPTER 11 OF THE TOWN CODE OF ORDINANCES REGARDING NOISE CONTROL FOR A SPECIAL EVENT TO BE HELD ON APRIL 26, 1990 BETWEEN 1:00 P.M AND 12 MIDNIGHT (90‑2‑26/R‑8)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby denies the request by Granville Towers and Ehring­haus Dorm to amend Chapter 11 of the Town Code of Ordinances in order to allow outside amplified sound on Thursday, April 26, 1990, between 11:00 pm and midnight, for the following reasons:

 

Without amending the ordinance, the outdoor event can still take place for six hours instead of seven.

 

The event is scheduled for a Thursday night, which would cause a hardship for residents of the surrounding neighborhood.

 

This the 26th day of February, 1990.

 

 

A RESOLUTION CALLING A PUBLIC‑HEARING ON THE PRELIMINARY ASSESS­MENT ROLL FOR MAPLE DRIVE (90‑2‑26/R‑9a)

 

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

 

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

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council herewith calls a public hearing at 7:30 pm on March 19, 1990 in the Municipal Building, 306 North Columbia Street, to hear comments on the preliminary assessment roll for improvements on Maple Drive.

 

This the 26th day of February, 1990.

 

 

A RESOLUTION CALLING A PUBLIC HEARING ON THE PRELIMINARY ASSESSMENT ROLL FOR STATESIDE DRIVE AND A PORTION OF DIXIE DRIVE (90‑2‑26/R‑9b)

 

WHEREAS, total project costs have been compiled for improvements on Stateside Drive and a portion of Dixie Drive; and

 

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

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council herewith calls a public hearing at 7:30 pm on March 19, 1990 in the Municipal Building, 306 North Columbia Street, to hear comments on the preliminary assessment roll for improvements on Stateside Drive and a portion of Dixie Drive.

 

This the 26th day of February, 1990.

 

 

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO ADJOURN THE REGULAR MEETING AND MOVE INTO EXECUTIVE SESSION. THE MOTION WAS ADOPTED UNANIMOUSLY (8‑0).

 

Mayor Howes announced that no report would follow the

Executive Session.

 

The meeting adjourned at 9:50 p.m.