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

CHAPEL HILL, NORTH CAROLINA, MONDAY, APRIL 10, 1990, 7:30 P.M.

 

Mayor Howes called the meeting to order.

 

Council Members in attendance were Julie Andresen, Joyce Brown, Joe Herzenberg, Arthur Werner and Roosevelt Wilkerson. Council Members Nancy Preston and Alan Rimer were absent excused. Council Member James Wallace was absent.

 

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.

 

Ceremonies

 

Julia Cogburn, President of the North Carolina Chapter of the American Planning Association, noted that the TOW? would formally receive three awards from the Association on April 11th. Ms. Cogburn added that recipients of the awards would also be acknowledged at this evening's Council meeting.

 

Ms. Cogburn stated that the first award was presented to the Design Task Force for its Design Guidelines document. Ms. Cogburn commended the excellent graphics and presentation of the materials in the document. Mayor Howes requested that members of the Design Task Force in attendance come forward to be recognized. Mayor Howes stated that the guidelines were an affirmative statement about the quality of development in the community. Mayor Howes added that the work of the Design Task Force was a reflection of the community's serious dedication to voluntary efforts. Mayor Howes presented each member of the Design Task Force with a Town Seal medallion.

 

Ms. Cogburn stated that former Council Member David Godschalk would receive the North Carolina Planning Association award for being the state's most outstanding elected official. Ms. Cogburn noted Dr. Godschalk's extensive involvement with the Triangle J Council of Governments, the joint planning agreement, and dispute resolution. Ms. Cogburn stated that Dr. Godschalk served as a resource for the entire State.  Dr. Godschalk said that his four years as a Council Member had presented unique planning challenges and opportunities.  Dr. Godschalk added his appreciation for receiving the award.

 

Ms. Cogburn said that Pearson Stewart would be recognized with the distinguished service award.  Ms. Cogburn noted that Dr. Stewart had previously served as the director of the Triangle J Council of Governments and the Triangle Land Conservancy.  Mr. Stewart said that during his association with local government, he was particularly impressed by the high quality of service and dedication displayed by officials in the Triangle area.

 

Mayor Howes concluded the ceremony by noting that good planning is a way of life in Chapel Hill. Mayor Howes thanked Ms. Cogburn and the North Carolina Chapter of the American Planning Association for its recognition of.local citizens.

 

Council Member Herzenberg called forward Mr. Vladislav Nesterenko, a member of the district soviet. Council Member Herzenberg noted that Mr. Nesterenko serves as the representative of approximately 500,000 residents of his district in Moscow. Mayor Howes presented Mr. Nesterenko with a Town Seal medallion. Mr. Nesterenko stated that he was visiting this evening's meeting to witness the governmental decision‑making process in action.

 

Mayor Howes noted that this evening's meeting would be the last one reported by The Chapel Hill Newspaper's reporter Kevin Shinkle. Mayor Howes stated that Mr. Shinkle had recently accepted a reporting position with the Tampa Tribune newspaper. Mayor Howes wished Mr. Shinkle well in his new endeavors.

 

Petitions

 

Mayor Howes noted that there had been recent discussion concerning the possible role of local governments in assisting the Arts center. Interim Town Manager Loewenthal stated that the Arts Center staff was drafting a proposal to Orange County and the Towns of Carrboro and Chapel Hill outlining a possible request for assistance.

 

Council Member Andresen requested a report from the Town staff concerning the status of proposed University Lake watershed protection measures.

 

Council Member Wilkerson requested a comparison of potential cost savings for alternative forms of refuse removal.

 

Council Member Herzenberg thanked the Town, particularly the Public Works Department, for its assistance at the Apple Chill festival. Mayor Howes stated that the Council hoped for a better response to its food drive for the Inter‑Faith Council community kitchen in the future. Council Member Werner noted that individuals could make donations to the kitchen at any time.

 

 

Minutes of March 6 and 9, 1990

 

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO APPROVE THE MINUTES OF MARCH 6, 1990 AS PRESENTED.   THE MOTION WAS ADOPTED UNANIMOUSLY (6-0).

 

COUNCIL MEMBER WILKERSON MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO APPROVE THE MINUTES OF MARCH 19, 1990 AS PRESENTED. THE MOTION WAS ADOPTED UNANIMOUSLY (6‑0).

 

Development Ordinance Text Amendment‑‑Signs

 

Mayor Howes noted that six votes would be required to adopt the proposed amendment.

 

Planning Director Roger Waldon noted that most of the changes requested were minor. Mr. Waldon said the two major changes involved the size of "open" signs and the height of cantilevered signs. Mr. Waldon briefly reviewed the recommendations of the Planning Board, Appearance Commission, and Interim Town Manager. Mr. Waldon added that a height limit of eight feet for display area and ten feet in total was recommended for cantilevered signs. Council Member Wilkerson inquired whether the Planning Board had held additional discussions concerning signs subsequent to the Council's public hearing. Mr. Waldon said no.

 

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADO?r ORDINANCE C, THE MANAGER'S RECOMMENDATION. THE MOTION WAS ADOPTED UNANIMOUSLY (6‑0).

 

AN ORDINANCE AMENDING THE CHAPEL HILL DEVELOPMENT ORDINANCE (90‑ 4‑10/0‑1c)

 

WHEREAS, The Council of the Town of Chapel Hill has considered the proposed amendment to the Chapel Hill Development Ordinance, and finds that the amendment is appropriate due to change or changing conditions in a particular area or in the jurisdiction generally and achieves the purposes of the Comprehensive Plan;

 

NOW, THEREFORE, BE IT ORDAINED that the Chapel Hill Development Ordinance shall be amended as follows:

 

                           SECTION I

 

ADD to Article 2, the Definitions section of the Ordinance, the following definitions:

 

     2.116.1   Sign, Cantilevered Ground: A sign supported in a cantilevered fashion by an upright post.

 

     2.120.1   Sign Plan, Unified: An overall plan for placement and design of multiple signs for a building or group of buildings on a single zoning lot.

 

AMEND the definition of Projecting Sign by deleting the words "a right angle", substituting the words "an angle", such that the definition would read as follows:

 

     2.119     Sign, Projecting: A sign attached to and supported by a building and extending beyond the building to which it is attached at an angle.

 

                          SECTION II

 

SUBSTITUTE the entire paragraph in Section 14.13.1 with the following:

 

     It is the intent of this section to authorize the use of signs with size, layout, style, typography, legibility, and arrangements compatible with their surroundings; appropriate to the identity of individual properties or occupants or of the community; and appropriate to traffic safety.

 

                          SECTION III

 

AMEND subsection (e) of Section 14.13.4 by deleting the words "non­illuminated or indirectly illuminated", substituting the words "not illuminated, or are indirectly illuminated" such that the subsection will read as follows:

 

     signs directing and guiding traffic and parking on private property on which the signs are located, provided such signs are not illuminated, or are indirectly illuminated, bear no advertising matter, and do not exceed four (4) square feet in area per display surface.

 

ADD to subsection (g) of Section 14.13.4 the words "project name" and SUBSTITUTE the word "of" for "or" in the first sentence, so that it will read thus:

 

     Construction site identification signs whose message is limited to project name, identification of architects, engineers, contractors, and other individuals or firms involved with the construction, the name of the building, the intended purpose of the building, and the expected completion date, provided such signs do not exceed one sign per construction site and four (4) square feet in area per display surface for single family or duplex construction; and thirty­two (32) square feet in area per display surface for multi-family or non-residential construction, are not erected prior to issuance of a Building Permit, and are removed within seven (7) days of issuance of a Certificate of Occupancy.

 

ADD to subsection (h) of Section 14.13.4 the words "the date of" such that the sentence reads:

 

     Temporary political signs advertising candidates or issues, provided such signs do not exceed one sign per zoning lot nor four (4) square feet in area per display surface, are not erected prior to thirty (30) days before the date of the appropriate election, and are removed within seven (7) days after the election.

 

ADD to Section 14.13.4 a new subsection to read as follows:

 

     (n)  Signs stating that a business is open, provided that there is no more than one such sign per business establishment, and provided that such sign does not exceed two (2) square feet in display area.

 

                          SECTION IV

 

DELETE the words "a syllable of" from the second sentence in the third paragraph of Section 14.13.6. The resulting sentence would read:

 

     An item of information means any of the following: a word; an abbreviation; a number; a symbol; a geometric shape,

 

                           SECTION V

 

REPLACE subsection (a) of Section 14.13.7 with the following:

 

     Development identification signs containing the name and/or logo of a subdivision, multi‑family development, or planned development provided such signs are limited to one free­standing sign at each principal point of access to the development, sixteen (16) square feet in area per display surface, and a maximum height of six (6) feet above finished grade; or two (2) signs mounted on wooden, brick, or stone entry walls, eight (8) square feet per display surface, and a maximum height of six (6) feet above finished grade.

 

DELETE the words "are not illuminated and" from subsection (c) of Section 14.13.? so that it reads thus:

 

     Nonresidential signs identifying nonresidential uses permitted as principal or special use in Residential or Rural Transition districts or as an accessory use in PD‑H developments provided such signs are limited to one ground or wall sign per zoning lot and sixteen (16) square feet in area per display surface.

 

ADD to Section 14.13.7 a new subsection to read as follows:

 

     (d)  Lighting of signs in Residential and Rural Transition Districts and in PD-H Developments is permitted if illumination levels are low, all fixtures are concealed, and spill-over of light is minimal.

 

                          SECTION VI

 

ADD to Section 14.13.8, at the end of the second paragraph, the following:

 

     such a sign plan shall be referred to as a Unified Sign Plan for the zoning lot.

 

ADD to Section 14.13.8, after the second paragraph, the definition of a Unified Sign Plan:

 

     A unified sign plan is an overall plan for placement and design of multiple signs for a building or group of buildings.

 

SUBSTITUTE in Section 14.13.8.1, after the heading "ground sign?', the cross‑reference with the actual definition of a ground sign.

 

SUBSTITUTE in Section 14.13.8.2, after the heading "projecting signs", the cross‑reference with the actual definition of a projecting sign.

 

ADD in subsection (d) of Section 14.13.8.2 the words "above finished grade" so that the sentence reads as follows:

 

     Projecting signs shall clear sidewalks and pedestrian paths by a height of at least eight (8) feet above finished grade and shall project no more than four (4) feet from the building to which they are attached.

 

DELETE the words "as appropriate" from subsection (e) of Section 14.13.8.2 so that it reads as follows:

 

     No projecting signs shall extend above the soffit, parapet, or eave line of the building to which it is attached.

 

SUBSTITUTE in Section 14.13.8.3, after the heading "wall signs', the cross‑reference with the actual definition of a wall sign.

 

SUBSTITUTE the phrase "distance between the bottom and the top" with the word "height" in subsection (a) of Section 14.13.8.3 so that it reads:

 

     Wall signs placed in the space between windows located one above the other shall not exceed in height two-thirds (2/3) of the height of the taller of the adjacent windows.

 

SUBSTITUTE the phrase "distance between the bottom and the top of the taller of the adjacent windows" with the word "height" in subsection (b) of Section 14.13.8.3 so that it reads:

 

     Wall signs placed in the space between windows located beside each other shall not exceed in height two‑thirds (2/3) of the height of the taller window unit.

 

ADD to Section 14.13.8.1 a subsection 14.13.8.1.1 to read as follows:

 

     Cantilevered Ground Signs

 

     A cantilevered ground sign is a sign supported in a cantilevered fashion by an upright post.

 

     Cantilevered ground signs may be erected and displayed on a zoning lot provided:

 

     a)   Cantilevered ground signs shall be limited to one sign per street frontage.

 

     b)   The display area of a cantilevered ground sign shall not exceed three (3) square feet in area and eight (8) feet in height. No portion of the sign and its support shall exceed ten (10) feet in height.

 

     c)   The buildings or structures housing the principal uses(s) on a zoning lot on which a cantilevered ground sign is located shall be set back at least twenty (20) feet from the abutting street right‑of‑way.

 

     d)   No cantilevered ground sign shall be permitted on the same street frontage of the same zoning lot along which there is a projecting sign.

 

     e)   The message of cantilevered ground signs shall be limited to the name(s), trademarks and servicemark(s) of the establishment(s) located on the zoning lot and/or of a multi‑use development located thereon.

 

                          SECTION VII

 

ADD after Section 14.13.9. "NOTE: Refer to Section 10 of the Design Manual for standards for sign illumination."

 

                         SECTION VIII

 

ADD the words "or located near" to the second paragraph in Section 14.13.10 so that it reads thus:

 

     Projecting signs shall be centered over or located near the principal doorway to the building.

 

                          SECTION IX

 

SUBSTITUTE language in Section 14.13.12 to eliminate the word "matter" so that it reads as follows:

 

     The area of a display surface of a sign shall be computed as including the entire area visible from any one point, within a regular geometric form or combination of forms, comprising all of the display area of the surface and including all of the elements within the display area and the sign frame. Structural members not bearing advertisement shall not be included in the computation of sign area.

 

     For the purpose of determining number of signs, a sign shall be considered to be a single display device containing elements organized, related, and composed to form a unit. Where elements are displayed in a random manner without organized relationship, each element shall be considered a single sign.

 

                           SECTION X

 

That all ordinances and portions of ordinances in conflict herewith are hereby repealed.

 

This the 10th day of April, 1990.

 

 

Development Ordinance Text Amendment‑‑Mixed‑Use Developments

 

Mr. Waldon noted that the memorandum presented to the Council made a series of preliminary recommendations concerning proposed changes to the mixed‑use/master plan component of the Development Ordinance. Mr. Waldon added that the Interim Town Manager recommended that the Council call a public hearing to consider possible amendments to the ordinance.

 

Mr. Waldon added that September 17th was recommended as the date of the hearing rather than June 18th as initially recommended. Mr. Waldon stated that the later date would allow greater opportunity for board and commission review. Mr. Waldon also noted that a number of other matters had been scheduled for discussion at the June hearing.  Mr. Waldon added that no applications for mixed-use projects were currently pending.

 

Council Member Werner inquired about the status of any applications filed prior to the Council public hearing on proposed changes.  Mr. Waldon responded that once the Council called a hearing, applicants were put on notice that provisions of the ordinance might be changed.  Mr. Karpinos added that applicants in the master plan process are subject to the provisions of the ordinance in force when the Council considers the application.

 

Council Member Werner inquired about the status of the Gateway mixed‑use project. Mr. Waldon said that this application was totally inactive. Council Member Werner inquired whether the language used in the public hearing advertisement could potentially constrain ordinance revisions. Mr. Waldon noted that the subject of the hearings is advertised quite broadly to avoid difficulties of this type.

 

Council Member Andresen said she liked the idea of receiving preliminary recommendations from the staff. Council Member Andresen stated that she might prefer to see a higher proportion of commercial uses permitted in mixed‑use projects. Council Member Andresen also requested greater detail concerning potential impacts of automobile traffic.

 

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT RESOLUTION 2, AMENDING THE PROPOSED PUBLIC HEARING DATE TO SEPTEMBER 17TH. THE MOTION WAS ADOPTED UNANIMOUSLY (6‑0).

 

A RESOLUTION CALLING A PUBLIC HEARING TO CONSIDER AMENDING THE DEVELOPMENT ORDINANCE REGARDING CHANGES TO THE MIXED USE/MASTER PLAN PROVISIONS OF THE ORDINANCE (90‑4‑10/R‑2)

 

BE IT RESOLVED that the Council of the Town of Chapel Hill calls a public hearing for June 18, 1990, to consider amending the Development Ordinance regarding changes to the Mixed Use/Master Plan provisions of the Ordinance.

 

BE IT FURTHER RESOLVED that the staff prepare an ordinance amendment or amendments to address the proposed changes.

 

BE IT FURTHER RESOLVED that following preparation of a staff report and recommendation, this matter is referred to the Planning Board for its recommendation.

 

This the 10th day of April, 1990.

 

Thoroughfare Plan

 

Mr. Waldon stated that the Towns of Carrboro, Chapel Hill and the North Carolina Department of Transportation had adopted the existing thoroughfare Plan in 1984.  Mr. Waldon added that the process of updating the plan had been occurring during the past three or four years.  Mr. Waldon noted that efforts were being directed toward a unified thoroughfare plan.  Mr. Waldon said that Mayor Howes was the Town's primary delegate to the transportation technical coordinating committee.  Mr. Waldon noted that the Town was scheduled to hold a public hearing on the Thoroughfare Plan in June, with recommendations being forwarded for consideration of the regional planning group in August.  Mr. Waldon said the staff proposed holding the public hearing on June 4th rather than June 18 as initially proposed.

 

Council Member Andresen inquired about the proposed alignment of Laurel Hill Parkway. Mr. Waldon showed two possible alignments of the roadway on an exhibit map. Council Member Werner noted that the Durham City Council objected to the connection of Laurel Hill Parkway to Fearrington Road. Council Member Werner said that this necessitated more interaction and information from Durham city officials. Mr. Waldon said it was possible that the alignments recommended by Chapel Hill and Durham would differ, but this could be worked out in the future. Council Member Brown requested that the hearing on June 4th to consider the Thoroughfare Plan be widely publicized.

 

COUNCIL MEMBER WILKERSON MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO Adopt RESOLUTION 3, AMENDING THE PUBLIC HEARING DATE TO JUNE 4TH. THE MOTION WAS ADOPTED UNANIMOUSLY (6‑0).

 

 

A RESOLUTION CALLING A PUBLIC HEARING ON THE PROPOSED THOROUGHFARE PL?N (90‑4‑10/R‑3)

 

WHEREAS, a draft Thoroughfare Plan has been developed for the Durham‑Chapel Hill‑Carrboro Urban Area; and

 

WHEREAS, the regional Transportation Advisory Committee, made up of elected officials from Orange and Durham Counties has requested local governments to review and revise or adopt the proposed Plan;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council calls a Public Hearing on the proposed Thoroughfare Plan, to be held at the Chapel Hill Town Hall Council Meeting Room, at 7:30 pm on June 18, 1990.

 

BE IT FURTHER RESOLVED that the Council requests that the Planning Board and Transportation Board present recommendations on the proposed plan at the Public Hearing.

 

This the 10th day of April, 1990.

 

 

Culbreth Park Status Report/Low‑Income Housing Proposal

 

Assistant Town Manager Florentine Miller said the resolutions before the Council would authorize the construction of twenty-four new public housing units on Town-owned land along N.C. 86 at the site known as the Maddry property, with construction to begin by late 1990.  Ms. Miller added that five duplex units would also be sited on eight lots in the Culbreth Park subdivision.  Ms. Miller briefly reviewed the proposal for the N.C. 86 site.  Ms. Miller added that the Culbreth Park subdivision would contain a mixture of housing opportunities for low to moderate income families.

 

Council Member Werner inquired about the purpose of resolution 5 concerning the purchase of eight lots from Culbreth Park Community Development Corporation. Ms. Miller said adoption of the resolution would show the Council ' s continued support for purchase of the lots. Ms. Miller stated that the U. S. Department of Housing and Urban Development had strict deadlines which necessitated prompt action on this matter.

 

Mayor Howes noted that the mechanism for financing of the Culbreth park project remained undetermined. Mayor Howes noted that the Council was being asked to move more quickly than it would normally choose to do so in entering into this commitment. Council Member Werner said he was worried about the linkage of ten units at Culbreth Park to the fourteen units at the Maddry property. Council Member Werner inquired how the low to moderate‑income housing proposal at Culbreth Park would fit in with the balance of the Culbreth Park subdivision. Ms. Loewenthal said the Council was being asked to restate its interest for the proposed twenty‑four units at the Maddry property. Ms. Loewenthal indicated that the staff would prepare detail on the use of the eight Culbreth Park lots in the near future. Council Member Werner expressed his preference that this matter come back before the Council at a later date.

 

Council Member Andresen inquired whether $32,000 was the cost of a single or duplex lot. Ms. Loewenthal said the cost was $32,000 per duplex lot or $16,000 per unit. Ms. Loewenthal added that the land cost was below that of the developer's cost ($45,000). Council Member Andresen stressed the importance of obtaining sufficient land to facilitate a working relationship with Habitat for Humanity in the construction of affordable homes. Ms. Loewenthal indicated that the Town staff would continue to explore possible programs in concert with Habitat for Humanity.

 

Runyon Woods, representing Culbreth Park Community Development corporation, said that eight lots were being offered to the Town below the developer's cost. Mr. Woods noted that Housing and Urban Development requirements for the project were proceeding too slowly for the developers of Culbreth Park but too rapidly for Town officials. Mr. Woods noted that Culbreth Park had received an interim proposal from Habitat for Humanity for development of the low and moderate income lots.

 

John Ekblad, representing Habitat for Humanity, noted that obtaining suitable land for building affordable homes presented more problems than the availability of funding.  Mr. Ekblad stressed the importance of vigorous exploration of transitional housing programs.  Mr. Ekblad stated that transitional housing programs assist in the building of communities.  Mayor Howes said he wanted to learn more about transitional housing programs. Mayor Howes indicated that the Council's commitment to the Culbreth Park proposal remained strong, with ground having been broken at the site earlier in the day. Council Member Wilkerson stated that transitional housing programs merit serious consideration by the council, in light of the de‑emphasis of rental housing, and a new emphasis on homeownership. Council Member Wilkerson urged the Council to think more broadly in terms of community building.

 

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 4. THE MOTION WAS ADOPTED UNANIMOUSLY (6‑0).

 

 

A RESOLUTION AUTHORIZING THE CONSTRUCTION OF TWENTY‑FOUR NEW PUBLIC HOUSING UNITS ON THE TOWN‑OWNED HIGHWAY NC 86 SITE (90‑4‑10/R‑4)

 

WHEREAS, the Town owns approximately forty‑four acres located on the west side of Highway N.C. 86; and

 

WHEREAS, the Council has authorized the use of up to 6 acres of this 44‑acre tract for up to 24 units of public housing, using $106,000 of 1988‑89 Community Development funds and $53,000 of 1989‑90 General Fund Housing Allocation to reimburse the Open Space Account; and

 

WHEREAS, this site could suitably accommodate a number of uses including twenty‑four (24) public housing units on up to six acres; and

 

WHEREAS, the U.S. Department of Housing and Urban Development has approved a $1,173,600 grant to the Town for the construction for the 24 public housing units;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Manager is authorized to initiate those actions necessary to construct twenty‑four new public housing units on the Town‑owned property located on Highway N.C. 86.

 

This the 10th day of April, 1990.

 

 

Council Member Werner noted the Council's commitment to scattering public housing sites around the community. Council Member Wilkerson suggested that the Town actively consider ownership of smaller projects such as the Culbreth Park affordable housing program.  Mayor Howes encouraged Council Member Wilkerson to work with the staff in the development of this type of program.  Interim Town Manager Loewenthal noted that the staff was drafting a concept paper on land banking.  Mayor Howes added that Council Member Wilkerson was suggesting the need for greater interaction between the Town and local housing organizations.  Council Member Wilkerson expressed a desire for the development of a five-year or long-term strategy for affordable Town housing stock.  Council Member Werner noted the need for further discussions concerning the concept of funding for affordable housing programs.

 

 

Half‑Cent Sales Tax Exemption

 

Mayor Howes noted that the Town had previously made two requests to the Local Government Commission for the exclusive use of sales tax money. Mayor Howes noted that the Town of Carrboro was requesting the Town's support in this matter. Mayor Howes said it seemed appropriate that the exemption for Carrboro be continued. Council Member Andresen noted that rate payers should pay Orange Water and Sewer Authority system costs. Council Member Andresen added that there are several thousand OWASA customers in the Orange County area who are not within municipal limits. Council Member Andresen expressed her support for Mayor Howes' position.

 

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADOPT RESOLUTION 5.1. THE MOTION WAS ADOPTED UNANIMOUSLY (6‑0).

 

 

A RESOLUTION REGARDING USE OF HALF PERCENT SALES TAX FUNDS ALLOCATED TO THE TOWNS OF CHAPEL HILL AND CARRBORO (90‑4‑10/R‑5.1)

 

BE IT RESOLVED by the Town Council of Chapel Hill that the Council authorizes the Mayor to write to the Chair of the OWASA Board of Directors regarding requests in 1990 and subsequent years by the Towns of Chapel Hill and Carrboro to the NC Local Government Commission for the exemptions authorized in NC General Statute 105‑504 from requirements to use a portion of half percent sales tax revenue for water or sewer capital outlays. The Mayor's letter will include substantially the following points:

 

*    In 1988 and 1989, the Directors of the North Carolina Divisions of Health Services and Environmental Management certified to the Local Government Commission that the Towns of Chapel Hill and Carrboro d? not operate water and wastewater systems, since OWASA provides these services. On this basis, the Commission approved the requests by the Towns for exemptions as authorized in the sales tax statute.

 

*    The Town Council of Chapel Hill has approved a plan to use part of the sales tax funds to help pay deb? service on bonds authorized in 1986. Without the exemption from the Local Government Commission, reduction in municipal services or an increase of several cents in the property tax rate would be necessary.

 

*    OWASA serves several thousand customers who reside outside the Towns, but the sales tax statute includes no provision for allocating counties' sales tax revenue for water and sewer purposes.  There would be an inequity if sales tax revenue only from the Towns' residents were designated for the OWASA system.

 

*    If any members of the OWASA Board have concerns or reservations about the To m s' applications to the Local Government Commission, the Town would request that the OWASA Board defer taking action until there has been discussion among representatives of the OWASA Board of Directors and representatives of the governing boards of Carrboro and Chapel Hill.

 

This the 10th day of April, 1990.

 

 

Parking Facility and Public Plaza

 

Public Safety Director Cal Horton said the resolution before the council would authorize the project architect, Michael J. Hining, to prepare a Special Use Permit application for the proposed development. Mr. Horton noted that the resolution would additionally recommend that the Town Manager be requested to provide expedited processing of the Special Use Permit application.

 

Mr. Hining showed the proposed facility Plan, noting his desire to develop the concept plan into a Special Use Permit application. Council Member Andresen inquired about the possible location of commercial uses. Mr. Hining said these uses would be sited on the left side of the plaza, adding that specific decisions on this siting did not need to be made immediately. Council Member Werner inquired when this decision could or should be made. Mr. Horton assured Council Member Werner that ample time and consideration would be provided for siting of commercial uses. Council Member Werner requested that the Council be presented with a series of options for commercial uses at the site. Mr. Horton stated that options of this type would be developed.

 

Council Member Werner requested financial details on the project proposal. Mr. Horton indicated that this information would be provided to the Council in May. Council Member Werner inquired about the proposed project time frame. Mr. Horton said that if the Council adopted the resolution before them, Mr. Hining would proceed with the Special Use Permit application and additional design of the project, proceeding on a tight schedule. Council Member Werner inquired whether the Special Use Permit application would be reviewed by all boards and commissions.  Mr. Horton indicated that all development-related boards and commissions with the exception of the Board of Adjustment and Greenways Commission would review the proposal.

 

Council Member Brown commended the staff for their continued good work on the project, but added that she would vote no on the resolution, since she was opposed to the concept in principle.

 

COUNCIL MEMBER WILKERSON MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADOPT RESOLUTION 6.  THE MOTION WAS ADOPTED BY A VOTE OF 5‑1, WITH COUNCIL MEMBER BROWN VOTING NO.

 

A RESOLUTION AUTHORIZING PREPARATION OF A SPECIAL USE PERMIT APPLICATION FOR A PARKING FACILITY AND PUBLIC PLAZA (90‑4‑10/R‑6)

 

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

 

(a)  Receives the report of the Council Committee on Parking Lot Number One and Related Matters dated April 10, 1990; and

 

(b)  Authorizes the project architect to prepare a special use permit application for the proposed development.

 

BE IT FURTHER RESOLVED that, given the public purposes to be achieved by this project, the Town Manager expedite processing of the Special Use Permit application.

 

This the 10th day of April, 1990.

 

 

Noise Ordinance Monitoring Committee

 

Council Member Herzenberg reported that the committee was proceeding slowly with several difficult matters, and stated appreciation for the efforts of Public Safety Director Cal Horton and Andy Sachs of the Dispute Settlement Center. Council Member Andresen inquired when committee recommendations would be presented to the Council. Council Member Herzenberg indicated that recommendations would be presented to the Council during June. Council Member Herzenberg noted that the committee would be receiving a demonstration of late night noise levels in the community in the near future. Mayor Howes noted that one of his students at the University was writing a paper on the proposed noise ordinance.

 

Ad Hoc Tree Committee

 

Council Member Herzenberg stressed the need to consider balance on the committee between the development community, environmental interests, newcomers, and the ability of individuals to work well with others.

 

Linda Edmonston said that although she was not a Town resident, she felt the need for representation of the surveying profession on the committee.  Mayor Howes said the perspective of surveyors concerning tree issues is unique.  Council Member Andresen said it appeared reasonable to include a surveyor on the committee. Council Member Herzenberg noted that all the names before the Council had been placed into nomination. Council Member Andresen expressed concern that a committee membership of six would be too small. Council Member Herzenberg noted that the committee would meet infrequently, perhaps two or three times per year.

 

THE COUNCIL APPOINTED BRUCE BALLENTINE, JAMES FLANAGAN, JAMES HAAR, PHILIP POST, JILL RIDKY, AND LARRY TOUCHSTONE TO SERVE ON THE AD HOC TREE COMMITTEE. COPIES OF BALLOTS AND APPLICATIONS ARE AVAILABLE IN THE TOWN CLERK'S OFFICE.

 

 

Consent Agenda

 

Council Member Werner requested that item "G" be temporarily removed.

 

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT THE CONSENT AGENDA AS PRESENTED, WITH THE EXCEPTION OF ITEM "G". THE MOTION WAS ADOPTED UNANIMOUSLY (6‑0).

 

A RESOLUTION APPROVING VARIOUS RESOLUTIONS AND AN ORDINANCE (90‑ 4‑10/R‑7)

 

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.   Markham Drive mat and seal improvements (R‑8).

 

     b.   Confirmation of Maple Drive assessment roll (R‑9).

 

     c.   Confirmation of Dixie/Stateside Drive assessment roll (R‑10).

 

     d.   Grant application to Governor's Crime Commission (R‑11).

 

     e.   Amendment to Chapter 11 of the Town Code (0‑2).

 

     f.   Tire disposal fee (R-12).

 

     g.   Bids for asbestos abatement (R-13).

 

     h.   Disposition of surplus property (R-14).

 

This the 10th day of April, 1990.

 

 

A RESOLUTION ADOPTING AN ASSESSMENT RESOLUTION FOR MAT AND SEAL STREET IMPROVEMENTS ON MARKHAM DRIVE (90‑4‑10/R‑8)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby directs the Town Manager to undertake mat and seal street improvements on Markham Drive with related improvements as described in the preliminary resolution adopted by Council on February 12, 1990.

 

BE IT FURTHER RESOLVED by the Council of the Town of Chapel Hill that pursuant to Article 10 of Chapter 160A of the North Carolina General Statutes:

 

1.   Special assessments shall be levied, after completion and determination of actual, final cost of the improvements, on an equal share per lot basis.

 

2.   One hundred percent of actual, final costs of the project, including those of construction (excluding intersections), legal services, interest charges, right-­of‑way acquisition, and publication expenses, shall be assessed to the owners of property abutting the project.

 

3.   An owner of property abutting the project may pay an assessment (a) in one cash payment for the entire amount of the assessment, without interest, within 30 days after publication of a notice of confirmation of the assessment roll, or (b) in not more than 3 annual installments, with interest at an annual rate of 8%, the first of which shall be due and payable concurrently with property taxes, and subsequent annual installments shall be due and payable on the same date in each successive year until the assessment is paid in full.

 

This the 10th day of April, 1990.

 

 

A RESOLUTION CONFIRMING THE ASSESSMENT ROLL FOR STREET IMPROVEMENTS ON MAPLE DRIVE (90‑4‑10/R‑9)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby confirms the following as the final assessment roll for street improvements on Maple Drive in accord with North Carolina General Statutes 160A-228:

 

(see page 18 of Minutes for complete list)

 

 

A RESOLUTION CONFIRMING THE ASSESSMENT ROLL FOR STREET IMPROVEMENTS ON STATESIDE DRIVE AND A PORTION OF DIXIE DRIVE (90-4-10/R-10)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby confirms the following as the final assessment roll for street improvements on Stateside Drive and a portion of Dixie Drive in accord with North Carolina General Statutes 160A-228:

 

(see page 19 of Minutes for complete list)

 

This the 10th day of April, 1990.

 

 

A RESOLUTION AUTHORIZING THE APPLICATION FOR AND ACCEPTANCE OF FUNDS FROM THE GOVERNOR'S CRIME COMMISSION FOR DRUG ENFORCEMENT (90‑4‑10/R‑11)

 

WHEREAS, the Council supports the efforts of local law enforcement agencies working cooperatively to stem the use of illegal drugs; and

 

WHEREAS, the Chapel Hill Police Department would be the implementing agency on an application to the Governor's Crime commission; and

 

WHEREAS, the grant requires a local match of twenty‑five percent of the total budget; and

 

WHEREAS, Chapel Hill, Carrboro, and Orange County will divide the local match with Chapel Hill providing $10,630 each year for fiscal years 1990‑91 and 1991‑92;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Police Department to apply for and accept funds from the Governor's Crime Commission to be used to enhance the covert and overt work of the Orange County Drug Task Force.

 

This the 10th day of April, 1990.

 

 

AN ORDINANCE TO AMEND CHAPTER 11 OF THE TOWN CODE OF ORDINANCES CREATING ARTICLE XII, PROHIBITING PUBLIC URINATION AND DEFECATION (90‑4‑10/0‑2)

 

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

 

Add a new Article XII, as follows:

 

                                                                                                                                          ARTICLE XII

                                                                                     PUBLIC URINATION AND DEFECATION PROHIBITED

 

Sec. 11-113.  Public Urination and Defecation Prohibited.

 

                        Except in designated water closets or toilet facilities, it shall be unlawful for any person to urinate or defecate on any public place, sidewalk, street, alleyway or right-of-way, or in any public building, or on private property.  Having the permission of the owner or person in lawful possession shall constitute an affirmative defense to the charge of urinating or defecating on private property.

 

                                                                                                                                             SECTION II

 

All ordinances and portions of ordinances in conflict with this ordinance are hereby repealed.

 

This the 10th day of April, 1990.

 

 

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO ASSESS A SCRAP TIRE

DISPOSAL FEE THAT ALLOWS THE ORANGE REGIONAL LaNDFILL TO FULLY

COMPLY WITH THE PROVISIONS OF THE NORTH CAROLINA SCRAP TIRE

DISPOSAL ACT (90‑4‑10/R‑12)

 

WHEREAS, the Town of Chapel Hill supports the provisions of the North Carolina Scrap Tire Disposal Act; and

 

WHEREAS, it is the intent of the Town of Chapel Hill to collect and dispose of scrap tires in an environmentally sound fashion;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town on Chapel Hill that the Town Manager is authorized to implement the attached scrap tire disposal fee and to begin collection of fees upon proper notice to the citizens of Orange County.

 

This the 10th day of April, 1990.

 

                                                                                                                              TOWN OF CHAPEL HILL

 

                                                                                                                                        Orange Regional Landfill

                                                                                                                                          Scrap Tire Fee Policy

 

The charging of a scrap tire tipping fee is an equitable method of recovering the costs of the Orange Regional Landfill being designated as the Orange County Scrap Tire Collection Center per North Carolina Scrap Tire Disposal Act (SB‑111).

 

The proposed fee is based on cost received via informal bid with an estimated overhead for administrative/maintenance functions. The current fee received for tire disposal ($17 per ton) does not recover the additional costs resulting from landfill compliance with the new North Carolina Scrap Tire Disposal Act.

 

The scrap tire disposal fee is authorized by Chapter 784 of Senate Bill 111 (130A‑309.58.(e)) and allows the imposition of such fees as not to exceed the cost of disposal for such tires. A per capita distribution to the County from a newly imposed one percent (1%) fee on all motor vehicle tires sold in the State will partially offset our costs for this program; however, this money will not be disbursed to the Orange Regional Landfill in time for our initial fee setting.  The landfill is required to reassess the tire disposal fee after one (1) year and to make adjustments to the fee reflecting the per capita disbursement mentioned above.  At that time the fee will be raised or lowered to assure that only actual costs to operate the tire disposal program are recovered.

 

Fee

 

Existing:          $17 per ton

Proposed:         $ 1 per tire - $100 per ton

 

This the 10th day of April, 1990.

 

 

A RESOLUTION DECLARING 115 ITEMS OF PERSONAL PROPERTY TO BE SURPLUS AND AUTHORIZING AND DIRECTING THE DISPOSAL OF SAID PROPERTY BY PUBLIC Auction OR PRIVATE NEGOTIATED SALE (90‑4‑10/R‑14)

 

WHEREAS, Article 12 of General Statutes 160A and Section 4.16 of the Charter of the Town of Chapel Hill authorizes the Town to dispose of surplus personal property; and

 

WHEREAS, the Town desires to dispose of certain items of personal property;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill:

 

1.                     That the following items of personal property are hereby declared surplus, and where indicated, the minimum bids listed shall apply:

 

Quantity                                                           Item                                                                                                                                                                                                                                 Bid

 

One                                                                  1975                Plymouth 4S

One                                                                  1983                Plymouth 4S                                                                                                                                                                                       300.00

One                                                                  1983                Plymouth 4S

One                                                                  1986                Plymouth 4S

One                                                                  1980                Plymouth 4S

One                                                                  1980                Mercury 4S

One                                                                  1984                Mercury 2S                                                                                                                                                                                        900.00

One                                                                  1979                Chevrolet Chevette 4S                                                                                                                                                                          200.00

One                                                                  1980                Chevrolet 4S                                                                                                                                                                                        300.00

One                                                                  1983                Chevrolet S1O TR

One                                                                  1985                Chevrolet 4S                                                                                                                                                                                        300.00

One                                                                  1972                Ford SW                                                                                                                                                                                             200.00

One                                                                  1980                Ford Courier TR                                                                                                                                                                               300.00

One                                                                  1984                Ford SW

One                                                                  1986                Ford 4S                                                                                                                                                                                               800.00

One                                                                  1977                International Truck (Spreader)                                                                                                                                                       1,800.00

One                                                                  1980                Toyota SW                                                                                                                                                                                          400.00

One                                                                  1980                Honda 2S                                                                                                                                                                                            400.00

 

Three                                      Motorola Pagers

Thirty‑Two     Electra 100 NEC Phones (with Central

                                                                          Processing Unit)

Two                                                                 Adding Machines

One                                                                  Canon P‑26‑D Calculator

Two                                                                 Olivetti Calculators

One                                                                  Adler Calculator

One                                                                  Commodore Calculator

One                                                                  IBM Selector Typewriter

Two                                                                 Office Chairs

One                                                                  Taylor Key Machine

Four                                                                Push Mowers 3.6 HP

Two                                                                 Apple Microcomputers

One                                                                  Yazoo Lawn Mower

Six                                                                  Pallets Bus Brake Drums

Two                                                                 Truck Drums

Seven                                      Pallets Bus Windows

One                                                                  Wooden Creeper

One                                                                  2-Ton Floor Jack

One                                                                  Wheel Removal Dolly

One                                                                  Barrel Route Signs

One                                                                  6V71 Head

One                                                                  Box Hubodometers

One                                                                  Bus Drive Shaft and Yoke

One                                                                  Pallet Transit Tubes

One                                                                  Television and Stand

Eleven                                      Light Fixtures

One                                                                  Microdata Realty Computer

One                                                                  Scale Head and Printer

 

2.                     That the Purchasing Agent of the Town of Chapel Hill shall be and is hereby authorized to dispose of this surplus personal property at public auction in accordance with statutory requirements.

 

3.                     That the public auction is to take place on Saturday, April 28, 1990 at 10:00 a.m. at the Municipal Operations Facility, 1099 Airport Road, Chapel Hill, N.C., with a rain date of May 12, 1990.

 

4.                     That prior to the public auction the Purchasing Agent is authorized to dispose of any of this personal property by sale, lease, exchange, or transfer to other governmental units in conformity with General Statute 160A‑274.

 

5.                     That the terms of sale shall be to the highest bidder for cash or other form of cash equivalent acceptable to the Purchasing Agent (items specifying a minimum bid price shall be sold to the highest bidder equaling or exceeding the established minimum). All sales shall be designated final on the day of the auction.

 

6.                     That all items shall be sold on an "as is" and "where is" basis and the Town makes no guarantee of and assumes no responsibility for any of the items.

 

7.                     That it shall be a condition of sale that all items purchased shall be picked up and removed from the premises of the Municipal Operations Facility by 3:30 p.m. on the day of the auction. Purchasers shall bear sole risk for loss of any items remaining on said premises past such time.

 

BE IT FURTHER RESOLVED that if any of the surplus property is not sold at the public auction, or sold, leased, exchanged or transferred to a governmental unit, the Purchasing Agent is hereby authorized to sell said surplus property by private negotiated sale in conformity with General Statute 160A-267.

 

This the 10th day of April, 1990.

 

 

Council Member Werner inquired about the advisability of asbestos removal.  Ms. Loewenthal responded that the Town was proceeding with current regulatory requirements concerning asbestos abatement.  Ms. Loewenthal stated that the situation had been examined from a risk management perspective.

 

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT CONSENT AGENDA ITEM "G".   THE MOTION WAS ADOPTED UNANIMOUSLY (6‑0).

 

 

A RESOLUTION ACCEPTING A BID AND AWARDING A CONTRACT FOR THE ABATEMENT OF ASBESTOS FROM THE OLD MUNICIPAL BUILDING (90‑4‑10/R‑13)

 

WHEREAS, the Town of Chapel Hill has solicited formal bids by advertisement in The Chapel Hill Newspaper  on March 19, 1990, in accordance with G.S. 143‑129 for the Abatement of Asbestos from the old municipal building; and

 

WHEREAS, the following bids were received and opened on April 2, 1990:

 

                                                INSULATION

                                                SPECIALTIES                                   WACO,INC                       ENPURICON                    ACMC                                             AREMCO,INC

Base

Bid:                                                                70,000                                       82,325                                     84,200                                     121,000                                                                    172,430

 

ALT.           1:                                             8,000                                         3,060                                       9,000                                       52,317                                                                       12,920

 

ALT.           2:                                             34,500                                       31,500                                      41,230                                     38,977                                                                       65,400

 

ALT.           3:                                                850                                          2,098                                                            250                     3,000                                                                          1,200

 

ALT.           4:                                             4,300                                         6,400                                        6,230                                      15,407                                                                       16,020

 

ALT.           5:                                             3,000                                           500                                                             500                     1,000                                                                             900

 

ALT.           6:                                             3,500                                         1,200                                        2,250                                       2,000                                                                             750

 

                        Total     124,150                                                                      127,083                                    143,660                                   233,701                                                                    269,620

 

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town accepts the bid and awards a contract to Insulation Specialties, inc. in the amount $124,150 for the abatement of asbestos from the old municipal building located at 306 North Columbia Street.

 

This the 23rd day of April, 1990.

 

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER WILKERSON, TO CONCLUDE THE COUNCIL'S REGULAR MEETING AND MOVE INTO EXECUTIVE SESSION.  THE MOTION WAS ADOPTED UNANIMOUSLY (6-0).

 

The Council meeting concluded at 9:38 p.m.  No report followed the Executive Session.