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

OF CHAPEL HILL, NORTH CAROLINA, MONDAY, APRIL 23, 1990, 7:30 P.M.

Mayor Howes called the meeting to order.

Council Members in attendance were Julie Andresen (arrived at 7:57 p.m.), Joyce Brown, Joe Herzenberg, Nancy Preston, Alan Rimer, Arthur Werner and Roosevelt Wilkerson, Jr.

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, Finance Director James Baker, Assistant to the Attorney Richard Sharpless and Town Attorney Ralph Karpinos.

Mayor Howes noted that the primary election would be held on Tuesday, May 8th. Mayor Howes said he hoped that Town residents would exercise their right to vote on Election day. Mayor Howes also noted that the League of Women Voters was holding a public forum for Orange County Commissioner candidates on Thursday, April 26th beginning at 7:30 p.m.

Public Safety Director Cal Horton introduced Mr. Daniel Jones, the Town's newly appointed Fire Chief. Mr. Horton noted that Mr. Jones had formerly served as the Deputy Fire Chief for the community of Pinellas Park, Florida. Mr. Horton said that Mr. Jones had a history of dedication to employee training and development. Mr. Jones said he found the Town to be a uniquely beautiful community. Mr. Jones added that he looked forward to a long and productive relationship with the community. Mayor Howes said he was pleased at Mr. Jones' obvious enthusiasm for his duties as the Town's Fire Chief.

Petitions

George Steele, 205 West University, expressed his support for the formation of a historic district in the Cameron/McCauley area. Mr. Steele said the formation would protect the integrity of future neighborhoods. Mr. Steele said that seventy‑nine property owners owning a total of eighty‑six properties supported the historic district formation. He added that seventy‑two percent of those supporting the district formation are neighborhood residents. Mr. Steele noted that only forty‑three percent of the sixty‑one residents opposing the district formation were neighborhood residents. Mr. Steele concluded his remarks by expressing his strong support for district formation and urging the Council to support the same.

Dan Coleman, representing Orange County Greens, presented a brief Earth Week report on area hazardous waste sites. Mr. Coleman also read a letter addressed to University of North Carolina Chancellor Paul Hardin, expressing concern about a hazardous waste site located near the University-operated Horace Williams Airport. Mr. Coleman noted that the Environmental Protection Agency was in the process of evaluating the site in connection with the federal hazardous waste superfund program.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO RECEIVE THE ORANGE COUNTY GREENS PETITION AND TO REVIEW THE RESPONSE OF THE UNIVERSITY CHANCELLOR, AS APPROPRIATE. THE MOTION WAS ADOPTED UNANIMOUSLY (8‑0).

Minutes of March 26 and April 2, 1990

Council Members Brown and Herzenberg requested amendments to the minutes of March 26, 1990 as presented.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT THE MINUTES OF MARCH 26, 1990 AS AMENDED. THE MOTION WAS ADOPTED UNANIMOUSLY (7‑0).

Council Members Brown and Herzenberg requested amendments to the minutes of April 2, 1990 as presented.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT THE MINUTES OF APRIL 2, 1990 AS AMENDED. THE MOTION WAS ADOPTED UNANIMOUSLY (7‑0).

Presentation of Manager's Recommended 1990‑91 Budget

Mayor Howes noted that the public hearing on the proposed budget would be held on Monday, May 7th in the new Council Chamber.

Interim Town Manager Sonna Loewenthal said that the recommended budget represented the needs and desires of people in the community rather than mere numbers. Ms. Loewenthal said that the budget document attempted to balance community needs with available resources. Ms. Loewenthal indicated that the Town's budget process began in early January, with final action anticipated in late May. Ms. Loewenthal stated that a tax rate adjustment of three and onehalf cents was proposed for the General Fund and one and one‑half cents for the Transportation Fund. Ms. Loewenthal said she was pleased to be able to limit the proposed to five pennies.

Ms. Loewenthal noted that only one new position, the addition of a traffic engineer, was proposed in her budget recommendation to the Council. Ms. Loewenthal added that a cost projections section had been added to the budget document. Ms. Loewenthal briefly reviewed anticipated 1990-91 Town revenues. Ms. Loewenthal stated that 62% of expenditures were for personnel services and 32% were for operating costs. Ms. Loewenthal noted that the Public Works Department would handle maintenance for the new Town Hall, the renovated Municipal Building and the Inter-Faith Council community shelter. Ms. Loewenthal also said that the Public Works Department would be responsible for supervising an individual to maintain cleanliness in the Town's parking lots. Ms. Loewenthal stated a five percent market salary adjustment was proposed, as was continuation of a performance‑based pay system.

Ms. Loewenthal said that a tax increase for the Transportation Fund was necessitated by decreased assistance from the Urban Mass Transit Administration. Ms. Loewenthal noted that a bus fare increase, the first in seven years, from fifty to sixty cents, was included in her budget proposal. Ms. Loewenthal said that a like increase in the cost of bus passes was also proposed. Ms. Loewenthal stated that a request for a cross‑town bus route could be accommodated with thirty to thirty‑five minute headways and ten hours of service per day at a cost of $82,000 per year. Ms. Loewenthal noted that funding for this new route was not included in her budget proposal to the Council.

Ms. Loewenthal noted that she proposed an increase in the landfill tipping fee from $15.50 to $20.00 per ton. Ms. Loewenthal said the increase was attributable to the Town's expanded recycling program, greater capital equipment and federal regulatory costs. Ms. Loewenthal also provided brief overviews of the public housing, debt service and parking facility funds.

Ms. Loewenthal noted that a cumulative tax increase of 7.8 cents was projected between 1991‑92 and 1995‑96. Ms. Loewenthal added that the proposed landfill tipping fee would be adjusted from $20.00 to $23.50 per ton in 1991‑92, with the fee remaining stable in following years.

council Member Preston noted that the recycling program description did not include mention of a pilot plastic recycling program. Ms. Loewenthal said that this had been inadvertently omitted from the program description. Noting the importance of encouraging greater bus ridership, Council Member Andresen inquired about the proposed bus fare increase from 50 cents to 60 cents. Ms. Loewenthal stated that it was anticipated that service demand would be relatively unaffected. Ms. Loewenthal added that it had been approximately seven years since the last increase in Town bus fares. Council Member Andresen said she supported the development of a strategy for greater bus ridership.

Council Member Preston inquired whether the $60,000 allocated for the paving of Dixie Drive would be repaid to the Town by neighborhood residents. Ms. Loewenthal stated that 50% of the assessment would be repaid to the Town over a period of ten years. Council Member Preston inquired about the possibility of using small capital improvements program funds for the Dixie Drive project. Ms. Loewenthal noted that these funds were being used for the Town Hall construction project.

Council Member Brown inquired whether any consideration had been given to increasing parking fees instead of bus fares. Ms. Loewenthal stated that past increased parking fees had no apparent impact on the usage of parking lots. Council Member Brown said she favored increasing parking fees instead of bus fares. Council Member Werner inquired why recycling income was projected to be lower in 1990‑91 than in 1989‑90. Ms. Loewenthal said that the market for recycled materials was not as good, with demand not meeting the supply of available recycled products.

Hotel‑Motel Tax Allocation

Ms. Loewenthal stated that ten percent of the anticipated $270,000 in hotel‑motel tax revenues would be a?located to visitor and information services and cultural programming. Ms. Loewenthal noted that the Town's Parks and Recreation Department had reviewed twenty applications for funding. Ms. Loewenthal added that requests for funding totalled twice the amount of available funds. Council Member Werner inquired about the status of the Chamber of commerce visitor's brochure funded by the Town in 1989‑90. Ms. Loewenthal said that a thirty‑two page brochure was in process, with distribution anticipated in late May or early June.

Manager's Recommended 1990‑1995 Capital Improvements Program

Assistant Town Manager Florentine Miller stated that the recommended program totalled approximately $62 million over the next five years. Ms. Miller said the capital improvements program included funding for improved streetscaping, stormwater management, and leisure activity facilities. Ms. Miller added that funding for a new fire station and the replacement of a pumper fire truck were included in the proposed program. Ms. Miller also noted the proposed program's strong commitment to improved sidewalk, bikeways and greenways.

Ms. Miller said that Interim Town Manager Loewenthal recommended revising the November, 1990 bond referendum from an original improvements package of $13.6 million to $9.0 million. Ms. Miller briefly reviewed three alternative bond programs for the Council's consideration. Ms. Miller also showed a chart providing an overview of proposed changes in the Manager's recommended capital improvements program.

Council Member Wilkerson requested additional information concerning the Town's future stormwater management needs. Ms. Miller said that this information would be furnished to the Council. Council Member Werner requested a summary of current balances of previously issued Town bonds. Ms. Miller said that a summary of bond authorization status would be provided to the Council. Mayor Howes noted a public hearing on the proposed budget and capital improvements program would be held on May 7th. Mayor Howes added that at least two work sessions on the budget, May 10th and May 15th, had already been scheduled.

Cameron/McCauley Historic District

Chris Berndt, Long Range Planning Coordinator, said that the item before the Council would call a public hearing to amend the zoning atlas for purposes of creating a historic district in the Cameron/McCauley neighborhood. Ms. Berndt indicated that it had been approximately two years since a study had been undertaken to investigate the viability of a historic district in the Cameron/McCauley area. Ms. Berndt noted that the Council had held a public hearing on the proposal on November 20, 1989. She added that the Cameron/McCauley historic district designation matter had been referred to the Historic District Commission and the staff at the Council's December 12, 1989 meeting. Ms. Berndt said that two meetings (February 23 and March 22, 1990) had been he?d with neighborhood residents to further discuss the idea of establishing an historic district. Ms. Berndt noted that both meetings were well attended.

Ms. Berndt briefly reviewed the Historic District Commission recommendation to the Council, noting that exclusion of the UNC power plant and inclusion of the Carolina Inn were recommended. Ms. Berndt said that the Town Manager recommended holding a public hearing on the matter in the future. Ms. Berndt showed a map denoting the scope of the proposed study, including the Whitehead dormitory area.

Council Member Wilkerson inquired about the major differences between an historic district and a neighborhood conservation district. Ms. Berndt briefly reviewed the differences, noting that certificates of appropriateness were needed to undertake exterior home improvements in historic districts, while no such certification is required in conservation districts. Ms. Berndt noted that the Town would require special State enabling legislation to create neighborhood conservation districts.

Mayor Howes noted that five persons had requested to speak on the Cameron/McCauley proposal. Mayor Howes stated that these persons could address the Council at the public hearing on this matter. Council Member Andresen inquired about the Council's flexibility in creation of a possible district. Town Attorney Karpinos said he would be concerned if the size of the proposed historic district were dramatically reduced from the current proposal. Mr. Karpinos said it would be necessary to re-initiate the historic district formulation process if substantial boundary changes were to occur. Mr. Karpinos also stressed the necessity of following proper procedural steps if the Council chose to follow an approach other than an historic district.

Mayor Howes inquired about the Town's ability to establish a neighborhood conservation district. Mr. Karpinos said it might be possible for a conservation district to be established by amending the Town's Development Ordinance provisions concerning special appearance districts. Mr. Karpinos said that the Planning Board, Town staff and himself could formulate draft language for such districts if the Council wished. Council Member Rimer inquired about the possibility of examining other options. Mr. Karpinos recommended that such a request be referred to staff for the exploration of other options.

Council Member Wilkerson said he was concerned that options other than a historic district were not being currently examined. Interim Town Manager Loewenthal noted that several Council members had requested that alternatives to a historic district be examined. Ms. Loewenthal noted that the staff could provide information concerning options to the Council at a future meeting. Council Member Werner inquired how the hearing for the Cameron/McCauley neighborhood proposals would be advertised. Ms. Loewenthal said the advertisement would be phrased broadly. Council Member Werner stressed the importance of making citizens aware of possible options. Ms. Loewenthal said an array of general information would be provided to concerned citizens. Mayor Howes said he wanted to make citizens aware of all possible options.

Council Member Herzenberg said he did not oppose a public hearing on broader possibilities. Council Member Herzenberg stressed the importance of clearly outlining differences between options such as historic and neighborhood conservation districts.

Mr. Karpinos noted that the Town of Carrboro requires a review process but no certificates of appropriateness in its neighborhood conservation districts. Mr. Karpinos said the Town's Development Ordinance would require modification if the Carrboro model were followed. Mayor Howes noted that a public hearing on the Cameron/McCauley neighborhood would be held on May 21st.

COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO ADOPT RESOLUTION 1. THE MOTION WAS ADOPTED UNANIMOUSLY (8‑0).

A RESOLUTION CALLING A PUBLIC HEARING TO CONSIDER ESTABLISHING A HISTORIC DISTRICT IN THE CAMERON‑MCCAULEY AREA (90‑4‑23/R‑1)

WHEREAS, the Historic District Commission has prepared a historic significance report for the Cameron/McCauley area and had recommended that the area be designated a local historic district;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby calls a public hearing to consider a Zoning Atlas Amendment to establish a local historic district as shown on the attached map of the Cameron/McCauley area to be held on Monday, May 21, 1990 at 7:30 p.m. in the Meeting Room of the Town Hall at 306 North Columbia Street.

This the 23rd day of April, 1990.

Public Housing Grievance Procedure

Diane Peerman‑Pledger, Chairperson of the Housing Advisory Board, noted that two other members of the board, Betsy Bryan and Adele Thomas, were also in attendance this evening.

Ms. Pledger noted that a revised grievance procedure had been initially considered by the Council in December, 1988. Ms. Pledger noted that two changes to the procedure were recommended: adding a definition of an escrow account and adding a subsection outlining situations in which the procedures do not apply.

Council Member Herzenberg proposed a friendly amendment stating that the Council would approve all future amendments to the grievance procedure. Council Member Werner said he was not inclined to add this provision. Council Member Andresen proposed that only significant changes be approved by the Council.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO ADOPT RESOLUTION 2. THE MOTION WAS ADOPTED UNANIMOUSLY (8‑0).

A RESOLUTION ADOPTING A REVISED GRIEVANCE PROCEDURE FOR THE PUBLIC HOUSING PROGRAM IN ACCORD WITH HUD GUIDELINES (90‑4‑23/R‑2)

WHEREAS, the U.S. Department of Housing and Urban Development requires that the Town adopt a Grievance Procedure whereby public housing residents are afforded an opportunity for a hearing to settle disputes; and

WHEREAS, it has become necessary for the Town to revise the Grievance Procedure to make it applicable to the Town's Public Housing Program and the Housing Advisory Board;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council adopts the revised Grievance Procedure for the Public Housing Program, as presented at the March 26, 1990 Council meeting.

BE IT FURTHER RESOLVED that the Council hereby authorizes the Manager to revise the Grievance Procedure in the future to reflect changes in the guidelines of the U.S. Department of Housing Development.

This the 23rd day of April, 1990/

Council Member Preston thanked Ms. Peerman-Pledger and the Housing Advisory Board for their work on revising the grievance procedure. Council Member Preston noted that some portions of the procedure had formerly been very difficult to read and understand. Council Member Herzenberg inquired when informational pamphlets concerning the revised procedure would be available.

Status Report on University Lake Watershed

Assistant to the Manager Greg Feller provided a brief summary of recent discussions concerning proposed regulations in the watershed.

Council Member Andresen noted that no usage of alternative water and wastewater treatment systems would be permitted until a study of the area was completed. Council Member Andresen noted that orange County Commissioner Don Wilhoit had suggested that the work group undertake further study of some issues.

Council Member Andresen said she supported the Orange Water and sewer Authority's study of the Cane Creek watershed. Council Member Andresen noted that significant work remained to draft a plan which would accommodate the wishes of all three local governmental bodies (Orange County and the Towns of Carrboro and Chapel Hill). Council Member Rimer noted that Commissioner Wilhoit had offered a compromise of detention pond usage to possibly increase permissible impervious coverage standards. Council Member Rimer suggested that the Council receive the report from the Town staff pending further clarification from Orange County. Mayor Howes noted that it was not necessary for the Council to take formal action to receive or accept the report. Mayor Howes stated that the Council could consider a range of possible formal actions in the future. Council Member Werner said that citizens could express their feelings concerning the future of the watershed by voting on Tuesday, May 8th.

Quarterly Reports

Council Member Preston noted that the Triangle J Council of Governments was adding a half‑time Solid Waste Planner position to its organization. Council Member Preston stated that this addition was critical in light of the increased activity concerning landfill and solid waste issues in the Triangle region. Council Member Preston noted that the Landfill Owner's Group would be meeting on Thursday evening, April 26th to initiate the process for the landfill site search. Council Member Preston added that the consultant selection process for volume reduction methods had been initiated.

Council Member Andresen inquired whether the Triangle J solid waste planner would be responsible for coordination of activities with local governments. Council Member Preston said yes, noting that these activities would include brochures, slide shows, and other educational programs.

Council Member Werner stated that the Consultation and Coordination Committee met on a monthly basis. Council Member Werner noted that University Representatives would be meeting with Federal Aviation Administration officials on April 24th to discuss the status of the Horace Williams Airport facility. Council Member Werner said that the Consultation and Coordination Committee would also discuss the possible implementation of an entertainment tax.

Council Member Werner also stated that a charter had been drafted for the Durham‑Chapel Hill Working Group. Council Member Werner said that discussions concerning mixed‑use zoning and the thoroughfare plan were continuing, noting that the group would next meet on May 17th.

Mayor Howes noted that the regional transit authority had recently announced that Wib Gulley, former Durham mayor, would serve as chairperson this year. Mayor Howes noted that the chairperson and officers would be rotated annually. Mayor Howes noted that discussions concerning funding of the authority continued. Council Member Andresen said it had been her recent observation that the North Carolina Department of Transportation was increasingly interested in mass transit programs.

Council Member Preston noted that Joint Orange‑Chatham Community Action Inc., (JOCCA) supported establishment of an extended telephone service area. Council Member Preston said that JOCCA officials felt that the program would be beneficial to low‑income individuals and households.

Interim Town Manager Loewenthal said she would be happy to answer any questions concerning the quarterly reports. Ms. Loewenthal stated that the document would serve as a good resource base during budget deliberations.

Nominations to Appearance, Greenways and Parks and Recreation Commissions

Council Member Herzenberg said that all applications before the Council were placed into nomination for future appointment consideration. Mr. Jim Webb urged the appointment of Martin Rody to the Historic District Commission.

Consent Agenda

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

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS (90‑4‑23/R‑3)

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

a. IFC funding request (R-4).

b. Deleted.

c. Public housing cabinet bids (R-5).

d. Calling a public hearing for newly annexed areas (R-6).

e. Calling a public hearing for Woodbine/Coker Drive closure (R-7).

This the 23rd day of April, 1990.

A RESOLUTION AUTHORIZING THE MANAGER TO ACCEPT IN BEHALF OF THE INTER‑FAITH COUNCIL AN ADDITIONAL MORTGAGE LOAN/GRANT IN THE AMOUNT OF $12,165 FROM THE N.C. HOUSING FINANCE AGENCY FOR THE SHELTER RENOVATION PROJECT (90‑4‑23/R‑4)

WHEREAS, the Town of Chapel Hill and the Inter‑Faith Council For social Service have entered into a Performance Agreement to renovate the Old Municipal/Police Building for a shelter facility for the homeless; and

WHEREAS, the current budget for the renovation project does not include funds to renovate the administrative space; and

WHEREAS, funds for the renovation of the administrative space are available through the North Carolina Housing Finance Agency Energy‑Efficient Housing Program, and the Inter‑Faith Council; and

WHEREAS, the N.C. Housing Finance Agency proposes to award an

additional loan/grant in the amount of $12,165 to assist in renovating the shelter;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Manager to:

Accept an additional loan/grant not to exceed $12,165 from the N.C. Housing Finance Agency; and

Issue change orders to the existing construction contracts in an amount not to exceed $22,918 for the purpose of renovating the administrative space in the shelter facility.

This the 23rd day of April, 1990.

A RESOLUTION ACCEPTING A BID AND AWARDING A CONTRACT FOR THE CABINETS REPLACEMENT WORK (90‑4‑23/R‑5)

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 cabinet replacement work; and

WHEREAS, the following bids were received and opened on March 28, 1990:

Contractors Bid Amount

Environ, Inc. $ 92,909.00

Gibraltar Construction Company, Inc. $110,720.00

Connell Cabinets, Inc. $141,045.00

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 Environ, Inc. in the amount of $92,909.00 for cabinet replacement work at the Craig-Gomains and North Columbia Street public housing neighborhoods.

This the 23rd day of April, 1990.

A RESOLUTION CALLING A PUBLIC HEARING ON ZONING FOR NEWLY ANNEXED AREAS (90‑4‑23/R‑6)

WHEREAS, the Town of Chapel Hill has annexed certain areas to its corporate limits, anticipated to have an effective date of June 30, 1990, such areas being shown on the attached map; and

WHEREAS, the Town must assign zoning designations to these newly annexed areas;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that a public hearing is hereby scheduled for 7:30 p.m., June 18, 1990, in the Chapel Hill Town Hall Council Chamber, to consider proposals for zoning these newly annexed areas.

BE IT FURTHER RESOLVED that the Council requests the Chapel Hill Planning Board to make a recommendation for zoning these areas at the public hearing.

This the 23rd day of April, 1990.

A RESOLUTION CALLING A PUBLIC HEARING ON THE PROPOSED CLOSURE OF THE EAST END OF WOODBINE DRIVE (90‑4‑23/R‑7)

BE IT RESOLVED by the Council of the Town of Chapel Hill, that the Council hereby declares its intent to consider closing the east end of Woodbine Drive adjacent to Manning Drive, as shown on Orange county TaX Map ?68, and calls a public hearing at 7:30 pm, Monday, May 21, 1990 in the Meeting Room of the Town Hall, 306 N. Columbia street, Chapel Hill, on the proposed closing of said street.

BE IT FURTHER RESOLVED that the Interim Town Manager is hereby authorized to arrange publication, posting, and mailing of notices of the hearing.

This the 23rd day of April, 1990.

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

The regular meeting adjourned at 9:35 p.m.