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

    CHAPEL HILL, NORTH CAROLINA, MONDAY, JUNE 25, 1990 AT 6:00 P.M.

 

Mayor Howes called the Council to order in Room 207 of the Town Hall at 6:08 p.m.

 

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER RIMER, FOR THE COUNCIL TO MOVE INTO EXECUTIVE SESSION TO DISCUSS PERSONNEL MATTERS.

 

The Executive Session concluded at 7:51 p.m.

 

Mayor Howes called the regular Council meeting to order in the Council Chamber at 8:06 p.m.

 

Council Members in attendance were Julie Andresen, Joyce Brown, Joe Herzenberg, Nancy Preston, Alan Rimer, James C. Wallace and Arthur Werner. Mayor Howes noted that Council Member Wilkerson was absent excused due to a professional commitment this evening.

 

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, Finance Director James Baker, Assistant to the Attorney Richard Sharpless. Mayor Howes noted that Town Attorney Ralph Karpinos was enjoying a well‑deserved brief vacation.

 

Mayor Howes stated that the Council had been in the process of recruiting since the resignation of former Town Manager David R. Taylor. Mayor Howes noted that the recruitment process had begun in January, 1990, with over one hundred applications received for the position of Town Manager. Mayor Howes said that a careful screening of applicants had occurred in May, resulting in narrowing the field to eight candidates. Mayor Howes stated that video interviews had been taped at a variety of sites along the eastern seaboard. Mayor Howes added that the field had been further narrowed to three candidates, with each of the finalists interviewed in Chapel Hill by the Mayor and Council and key Town staff. Mayor Howes noted that a broad spectrum of criteria had been used in evaluating the candidates.

 

Mayor Howes announced that earlier in the evening the Council had decided to offer the position of Town Manager to William Calvin Horton, the Town's current Public Safety Director. Mayor Howes noted that Mr. Horton was an alumnus of the University of North Carolina Master of Public Administration Program. Mayor Howes also noted that Mr. Horton had served the City of Charlotte as assistant director of personnel and the City of Decatur, Georgia as its Assistant City Manager. Mayor Howes noted that the Council would formalize the appointment of Mr. Horton at its July 9th meeting, with the appointment to take effect on Monday, July 30, 1990. Mayor Howes acknowledged the highly capable service of Sonna Loewenthal during her service as the Town's Interim Manager.

 

Mr. Horton said his appointment as Town Manager offered him a great opportunity and challenge. Mr. Horton stated that he looked forward to the task and acknowledged that he was fortunate to follow former Town Managers such as David Taylor and Sonna Loewenthal.

 

There were no ceremonies or hearings.

 

Petitions

 

Jacqueline Hanson expressed concern about an occurrence in the downtown area. Ms. Hanson said she had been coerced out of a local eating establishment and mistreated by Town police personnel. Ms. Hanson noted that she had presented a petition outlining her concerns to the Town Manager's Office.

 

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER WALLACE, TO RECEIVE MS. HANSON'S PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (8‑0).

 

Council Member Andresen said she was interested in seeing a review of policies and rules for historic districts. Council Member Andresen also expressed interest in reviewing how representatives of historic districts are selected.

 

Council Member Preston noted that Mayor Howes had been chosen as the recipient of the first ever North Carolina Intergovernmental Relations Award presented by the North Carolina League of Municipalities and the North Carolina Joint Regional Forum. Council Member Preston also stated that today was Council Member Herzenberg's birthday.

 

Minutes of June 4 and 11, 1990

 

Council Members Andresen and Brown requested changes to the minutes of June 4, 1990.

 

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT THE MINUTES OF JUNE 4, 1990 AS AMENDED. THE MOTION WAS ADOPTED UNANIMOUSLY (8‑0).

 

Council Members Brown and Rimer requested changes to the minutes of June 11, 1990.

 

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER PRESTO?, TO ADOPT THE MINUTES OF JUNE 11, 1990 AS AMENDED. THE MOTION WAS ADOPTED UNANIMOUSLY (8‑0).

 

Public‑Private Partnership ArtsCenter Task Force Report

 

Bill Farley said the task force has recognized the need for financial reorganization of the ArtsCenter.  Mr. Farley said that "Operation Fresh Start" would recategorize loans to permanent grants. Mr. Farley stated that future audits could assure that funds were not misspent.

 

Mr. Farley noted that local governments in other areas provide facilities for their area arts facilities. Mr. Farley reviewed the Task Force findings, including:

 

     (1) Local governments (Carrboro, Chapel Hill, and Orange County) should provide funds for rental payments only.

 

     (2) Governments should receive an independent audit within seventy days of the end of each accounting period.

 

     (3) Require that at least $55,000 in public contributions be collected by November 30, 1990.

 

     (4) Provide local governments with the option to purchase the Arts Center facility.

 

Council Member Werner requested additional information concerning the mechanics of "Operation Fresh Start". Mr. Farley noted that this proposal amounted to fundraising under coercion. Mr. Farley noted that the building loan held by thirty‑seven guarantors had already been called once. Mr. Farley noted that many of the Center's accounts payable vendors are very supportive of the Arts Center's programs and continued operation.

 

Council Member Preston said that the plan outlined by Mr. Farley appeared to be workable. Council Member Preston inquired whether Mr. Farley had presented his proposal to other local governments. Council Member Preston also inquired about the plan for communications between local governments on this matter. Mr. Farley noted that he would be addressing the Carrboro' Board of Aldermen on June 26th and the Orange County Commissioners at the convenience of the Board. Mr. Farley said it would take at least fifteen to eighteen months for the Arts Center to get back on its feet financially. Council Member Preston inquired what Mr. Farley and the Task Force were seeking in the short term. Mr. Farley said the Task Force was requesting that the local governmental bodies provide contributions for rental of the Arts Center for the next three months. Council Member Preston inquired whether this entailed $2,064 per month from the Town through September. Mr. Farley said this was correct.

 

Council Member Preston inquired whether payment of rent was one of the major problems faced by the Arts Center. Mr. Farley said this was correct, noting that interesting things could happen if the doors to the Center could be kept open. Council Member Andresen said it was a good idea to have a proposal on the table from the ArtsCenter Task Force. Council Member Andresen noted that a successful effort to save the Center would involve the cooperation of all local government bodies. Mayor Howes said it would be necessary for the Town of Carrboro to take positive action concerning the ArtsCenter prior to the Town taking similar steps. Mayor Howes also added that it was important that there be a public show of support for continued operations. Mayor Howes noted that Arts Center Task Force member Bob Woodward had issued a minority report outlining somewhat different views than the balance of the Task Force. Council Member Preston suggested that a joint forum concerning the ArtsCenter could possibly be held in the future.

 

Council Member Werner noted that it would be very difficult for the Town to purchase a building in Carrboro. Council Member Werner inquired about importance of the Center's location to on‑going operations. Mr. Farley noted that building payments to date, rather than the facility itself, were the most critical factor to consider. Mr. Farley noted that the initial building cost was $850,000, with a balance of approximately $400,000 outstanding. Council Member Werner asked whether the Town of Carrboro had examined the possibility of assisting the facility. Mr. Farley said he was uncertain, since he had only spoken to Mayor Kinnaird, rather than the entire Board of Aldermen. Council Member Werner inquired how much support was being sought from Carrboro, Chapel Hill and Orange County. Mr. Farley said an annual contribution of $70,000 was being requested from the three governments. Mayor Howes suggested that the Council consider the item at its July 9th regular meeting.

 

Pat Simmons, Assistant Director of the North Carolina Department of Transportation, reported that the name of the Research Triangle Public Transportation Authority had been changed to the Triangle Transportation Authority. Mr. Simmons said that the purpose of the authority was to plan, finance and organize a regional transportation authority. Mr. Simmons noted that the authority was chartered in December, 1989 and is composed of a thirteen member board. Mr. Simmons noted that the authority had established its bylaws and allocation of its $475,000 budget. Mr. Simmons said funding would be used for administrative, start‑up and rideshare program costs.

 

Mr. Simmons reviewed proposed activities of the authority including: ridesharing, bus and van service, identification of critical transportation corridors and possible implementation of high‑occupancy vehicle lanes. Mr. Simmons noted that since future federal funding for highway alternatives might be limited, the authority was seeking State legislative authority to levy fees for operation of the authority. Mr. Simmons said a special tax board would consider motor vehicle registration fees or local option fees on fuel as a means of authority funding.

 

Council Member Rimer inquired whether it was correct that the General Assembly had granted no taxing authority for the board to date. Mr. Simmons said this was correct. Council Member Rimer inquired what type of effort would encourage the legislature to vote in favor of funding the authority. Mr. Simmons said that interested parties should contact their State legislators to stress the importance of the Triangle Transportation Authority as a model for future authorities around the State. Mr. Simmons noted that House Bills 2300 and 2302 were under consideration by that body. Mayor Howes noted that Representative Dan Pflug was spearheading these efforts for the Town. Mayor Howes added that funding of the authority was critical since it would not be possible to operate the system from farebox receipts alone.

 

Manager's Recommended 1990‑1995 Capital Improvements Program

 

Assistant Town Manager Florentine Miller reviewed the proposed program of approximately $62 million of capital needs over the next five years. Ms. Miller said that the Town would directly fund $2.5 million for Capital Reserve funds, $3.5 million in revenue bonds, and $9.0 million in potential 1990 General Obligation Bond funds. Ms. Miller reviewed the Manager's proposed 1990 bond referenda, saying that it included: $3.6 million for transportation improvements, $3.0 for library improvements and $2.4 mil?ion for parks and open space acquisition and development. Ms. Miller said the bonds would be issued in phases during the next five to seven years. Ms. Miller added that if all the bonds were issued at the same time, assuming no growth in the current tax base, debt service on the recommended $9.0 million package would represent a maximum tax rate increase of 7.0 cents.

 

Ms. Miller said that the proposed bond package was an alternative to an earlier recommended package totalling $13.6 million. Ms. Miller said the $3.0 million for proposed library improvements would allow voters to decide through a bond referendum, whether to build a 24,000 or 47,000 square foot library facility. Ms. Miller stated proposed funding for bikeway, sidewalk, paving by petition and bridge replacement remained unchanged at $2.1 million. Ms. Miller said that proposed funding for roadway improvements had been substantially decreased.

 

Council Member Rimer inquired about the criteria for including proposed improvements to Dogwood Acres Drive in the roadway improvements, rather than parks and open space, account. Ms. Miller responded that the staff f?lt the need to highlight the cost of the roadway. Ms. Loewenthal noted that the categorization was tied to the principal use of the facility, in this case, a roadway which would provide primary access to the park. Council Member Andresen inquired whether the estimated 7.0 cent tax increase was a conservative estimate for the proposed 1990‑95 bonds. Ms. Miller said this rate was based on a worst case scenario. Ms. Loewenthal reiterated that the rate assumed that all bonds were floated at the same time and there was no growth in the tax base. Council Member Andresen inquired whether approximately 5.0 cents of the current tax rate was to service the 1986 bonds. Mr. Baker said this was correct, adding that an additional one cent went toward the Town's 1989 open space bonds.

 

Council Member Andresen inquired about estimated improvement costs associated with the Maddry property. Ms. Miller said initial access costs would total approximately $150,000. Council Member Andresen said $450,000 appeared to be a lot of money for landscaping along Fordham Boulevard. Council Member Andresen inquire? what the cost would be if the median were not landscaped. Ms. Miller said the cost of this approach would be approximately $350,000. Council Member Andresen inquired whether it was possible to separate out Estes Drive/Franklin Street intersection improvements directly attributable to the proposed new library facility. Ms. Miller said that the entire $300,000 for design and right‑of‑way acquisition was attributable to this project. Ms. Miller added that the Town hoped to secure Department of Transportation funds for roadway improvements.

 

Council Member Andresen inquired about the status of the Southern Community Park project. Ms. Loewenthal said that an application for Federal funding of the Southern park and ride lot had been submitted by the Town. Ms. Loewenthal added that planning was underway for a road to reach the soccer fields in the park.

 

Council Member Brown noted the importance of future staffing and maintenance costs when considering proposed bond issues. Council Member Brown inquired whether the staff had compiled such estimated costs. Ms. Loewenthal said that additional operating costs for the library would be approximately $660,000 in the first year of operation. Ms. Loewenthal added that operating costs for Fordham Boulevard landscaping would be $160,000 in the first year and $50,000 in the second and subsequent years. Council Member Brown stressed the importance of sharing this information with residents of the Town.

 

Council Member Preston inquired where bridge replacement funds would be used. Ms. Miller said that bridges on Willow, Brookview, Lakeshore and Bolinwood Drive would be replaced with these funds.

 

Patricia Nelson, vice‑president of the King's Mill/Morgan Creek Homeowner's Association said she appreciated the Council's past concern for landscaping along Fordham Boulevard. Ms. Nelson stressed the importance of the landscaping project in restoring beauty and privacy by buffering of the area. Ms. Nelson noted the importance of preserving the quality of life in the Town's neighborhoods.

 

Virginia Young, President of the Friends of the Chapel Hill Public Library, noted that there are currently over twenty‑seven thousand Town library card holders. Ms. Young expressed her support for the proposed library bond referendum, adding that Jane Joyner, Library Board of Trustees President, also supported holding the referendum in November. Ms. Young noted that new residents traditionally inquired about the quality of three institutions: schools, hospitals and libraries.

 

Ed Hinsdale, representing the Library Committee, expressed his concurrence with Ms. Young's comments. Mr. Hinsdale said that the library bond referendum would permit residents to voice their opinion concerning the size of the Town's future library facility.

 

Paul Farel, representing the Hidden Hills Neighborhood Association, said that the possible tax rate increase associated with successful passage of a bond issue was small compared to the benefits derived from new library and transportation improvements and open space.

 

Glenn Mitchell, a member of the Town's Greenways Commission, said he was speaking as a taxpayer this evening. Mr. Mitchell stressed the importance of allowing voters to decide the fate of the proposed capital improvements.

 

Tim Stephens said he appreciated the inclusion of sidewalk projects in the proposed bond referendum package and Capital Improvements Program.

 

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO ADOPT RESOLUTION A.

 

Council Member Andresen expressed her support of Resolution B. Council Member Andresen said she felt comfortable supporting a reduced bond referendum package, with $250,000 additional funding for greenways substituted for some other item or items. Council Member Andresen said she did not support funding of an additional $3 million for the proposed library. Council Member Andresen stated that 22,000 square feet was a good size for the Town's future library facility. Council Member Andresen also noted that a larger facility would entail large additional operating costs.

 

Council Member Wallace inquired whether it was correct that the Council was not wedded to the construction of a six‑lane roadway along Estes Drive. Mayor Howes acknowledged that this was correct.

 

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO DELETE $3 MILLION FOR THE LIBRARY FACILITY FROM THE PROPOSED BOND PACKAGE. THE MOTION FAILED BY A VOTE OF 2‑6, WITH COUNCIL MEMBERS ANDRESEN AND BROWN SUPPORTING THE MOTION.

 

COUNCIL MEMBER ANDRESEN MOVED RESOLUTION B AS A SUBSTITUTE MOTION, ADDING $250,000 FOR GREENWAY PROJECTS.

 

Council Member Werner stated that the Council was not voting on individual line items for the bond package. Council Member Preston noted that voters would cast their ballots for three separate proposed bond issues if the Council voted to hold a referendum in the fall. Council Member Herzenberg reiterated Mr. Mitchell's earlier point that the fate of the bonds would ultimately be determined by voters at the polls.

 

Council Member Werner noted that it would be likely that the Council would need to consider another bond referenda in the near future if Resolution B were adopted. Council Member Andresen stated that the Town's existing level of bond indebtedness was significant. Council Member Werner noted that bond referendum projects are initiated incrementally, with the sale of bonds occurring in a similar manner. Council Member Rimer said that Town voters would make an informed decision on the outcome of the referendum. Council Member Brown noted that passage of a bond referendum would result in greater operating and maintenance costs in future years.

 

RESOLUTION B, THE SUBSTITUTE MOTION WAS PLACED ON THE FLOOR FOR A VOTE. THE MOTION FAILED BY A VOTE OF 1‑7, WITH COUNCIL MEMBER ANDRESEN SUPPORTING THE MOTION.

 

THE MAIN MOTION, RESOLUTION A, WAS PLACED ON THE FLOOR. THE MOTION WAS ADOPTED BY A VOTE OF 6‑2, WITH COUNCIL MEMBERS ANDRESEN AND BROWN VOTING NO.

 

A RESOLUTION APPROVING THE 1990‑95 CAPITAL IMPROVEMENTS PROGRAM (90‑6‑25/R‑la)

 

BE IT RESOLVED by the Council of t?e Town of Chapel Hill that it hereby approves in concept the Manager's 1990‑95 Recommended Capital Improvements Program contained in the memorandum dated May 29, 1990, including a potential 1990 General Obligation bond proposal of $9 million, including $3 million for library, $2.4 million for parks and open space acquisition and development, and $3.6 million for transportation improvements.

 

BE IT FURTHER RESOLVED that the Council authorizes the Manager to proceed with all steps necessary to place bond referenda on the November, 1990 general election ballot, including the selection of bond counsel.

 

This the 25th day of June, 1990.

 

Housing

 

Planning Director Roger Waldon said that the staff was presenting four separate housing items for Council consideration this evening: council Member Werner requested a clarification of how the items fit together in terms of funding. Mr. Waldon referred the Council to a memorandum distributed on May 29th detailing housing proposals. Mr. Waldon said action was being requested on the Culbreth Park development agreement, the acquisition of eight lots in Culbreth Park, and funding support for two local housing agencies.

 

Council Member Andresen inquired whether Culbreth Park would request additional funding in the future. Mr. Waldon said this was possible, since the Town had provided Housing Loan Trust Fund financing of $14,000 for seventeen homeowners in the Culbreth Park subdivision. Mr. Waldon noted that funding for thirty homeowners had been requested. Council Member Brown inquired whether Culbreth Park was evaluating funding sources other than the Town. Mr. Waldon said yes. Mr. Waldon added that the language in the proposed Culbreth Park development agreement was agreeable to the Town and developer, with the exception of one provision. Mr. Waldon said the staff preferred to include eligibility criteria requiring that prospective homeowners either live or work in the Town. The developer requested that broader criteria be developed. Mr. Adam Stein, representing Culbreth Park said he hoped a compromise could be reached on the eligibility criteria language. Mr. Stein noted that this was necessary due to the involvement of orange County in the Culbreth Park program.

 

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO ADOPT RESOLUTION 2, AMENDING THE RESOLUTION TO GIVE PREFERENCE TO INDIVIDUALS LIVING, WORKING OR INTENDING TO LIVE OR WORK IN CHAPEL HILL.

 

Council Member Preston inquired about the possibility of including a small neighborhood store in the plans for Culbreth Park. Mr. Waldon said that language in the development agreement did not preclude this option. Mr. Waldon noted that difficulties might be encountered in obtaining proper zoning designation.

 

RESOLUTION 2, AS AMENDED, WAS PLACED ON THE FLOOR. THE MOTION WAS ADOPTED UNANIMOUSLY (8‑0).

 

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE A DEVELOPMENT AGREEMENT WITH THE CULBRETH PARK COMMUNITY DEVELOPMENT CORPORATION (90‑6‑25/R‑2)

 

WHEREAS, the Town of Chapel Hill desires to promote development of housing affordable to low and moderate income families and individuals; and

 

WHEREAS, the Town's Comprehensive Plan calls for development of 50 such dwellings per year in and around Chapel Hill; and

 

WHEREAS, the Culbreth Park Affordable Housing Project involves the construction of 40 such dwellings for low and moderate income families and individuals; and

 

WHEREAS, the Town has been requested to authorize use of its Housing Loan Trust Fund to make available deferred=payment second mortgages for purchase of Culbreth Park homes; and

 

WHEREAS, the Council has agreed to use $238,000 from its Housing Loan Trust Fund for this purpose, pending preparation of an acceptable Development Agreement; and

 

WHEREAS, the attached Agreement sets forth terms and procedures for the Culbreth Park project that address Chapel Hill's Goals, Objectives, and Policies, in a manner acceptable to the Town;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves and authorizes the Town Manager to execute the Agreement, substantially as attached, with the addition of an eligibility criterion that preference be given to families living or working in Chapel Hill, or having intent to do so.

 

BE IT FURTHER RESOLVED that the Town Manager is authorized to take actions necessary to implement the Town responsibilities as described in the Agreement, to execute documents and minor modifications to the Agreement in accord with the Council's approval of the Agreement.

 

This the 25th day of June, 1990.

 

Council Member Werner inquired about the proposed development of the eight lots. Mr. Waldon stated that if the acquisition were approved, the staff could return in the fall with alternative designs for development of the site. Mr. Waldon indicated that the staff could work in concert with Habitat for Humanity in developing these plans. Council Member Werner inquired whether the Town had formal relations with Habitat for Humanity. Mr. Waldon said the Town had a good informal working relationship with Habitat for Humanity. Council Member Andresen requested that the staff initiate informal negotiations with Habitat for Humanity concerning the development of Culbreth Park. Council Member Werner concurred with this request.

 

Council Member Brown inquired whether the staff had researched the possibility of a land trust. Mr. Waldon noted that the Culbreth park proposal had been initially approached as a land trust proposal, but had been redirected due to unexpected difficulties. Council Member Preston inquired whether more General Fund money was being requested for the purchase of lots in Culbreth Park. Mr. waldon said this was correct.

 

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO ADOPT RESOLUTION 3. THE MOTION WAS ADOPTED UNANIMOUSLY (8‑0).

 

A RESOLUTION OF INTENT TO PURCHASE EIGHT LOTS FROM THE CULBRETH PARK COMMUNITY DEVELOPMENT CORPORATION (90‑6‑25/R‑3)

 

WHEREAS, The Culbreth Park Community Development Corporation has submitted a proposal to build a 52‑lot cluster subdivision of homes for low to moderate income families; and

 

WHEREAS, the Council is supportive of this proposal;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council intends to purchase the eight lots noted in the March 23, 1990 letter from Adam Stein to Tina Vaughn for the price of $258,283, pending execution of a Development Agreement between the Town and The Culbreth Park Community Development Corporation.

 

This the 25th day of June, 1990.

 

Mr. Waldon noted that the Orange County Community Housing Corporation was seeking funding from the four local government bodies. Council Member Preston inquired which four bodies were involved. Mr. Waldon responded that Carrboro, Chapel Hill, Hillsborough and Orange County were involved in the proposals. Council Member Andresen requested a report to the Council at the end of the fiscal year outlining the progress of the agency.

 

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER WALLACE, TO ADOPT RESOLUTION 4A. THE MOTION WAS ADOPTED UNANIMOUSLY (8‑0).

 

A RESOLUTION AUTHORIZING A PERFORMANCE AGREEMENT WITH THE ORANGE COUNTY COMMUNITY HOUSING CORPORATION (90‑6‑25/R‑4a)

 

WHEREAS, the Town Council has made commitments to the promotion of low and moderate income housing opportunities, in the form of statements in its Comprehensive Plan, and its allocation of General Fund revenues to low‑income housing initiatives; and

 

WHEREAS, the Town has received a request from the Orange Community Housing Corporation, requesting funding support to enable the Corporation to begin development of low and moderate income housing;

 

NOW, THEREFORE, BE IT RESOLVED that the Council authorizes the Town Manager to execute a Performance Agreement with the Orange community Housing Corporation in the amount of $35,000, related to a scope of work similar to the attached March 30, 1990 "Proposed Work Program."

 

This the 25th day of June, 1990.

 

Mr. Waldon noted that Triangle Housing Partnership had been in operation for approximately one and a half years. Mr. Waldon noted that the partnership had requested funding of $20,000 from the City of Raleigh, $16,000 from the City of Durham and $4,000 from the Town of Chapel Hill.

 

COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT RESOLUTION 4B. THE MOTION WAS ADOPTED UNANIMOUSLY (8‑0).

 

A RESOLUTION ALLOCATING FUNDS IN SUPPORT OF THE TRIANGLE HOUSING PARTNERSHIP (90‑6/26/R‑4b)

 

WHEREAS, the Town Council has made commitments to the promotion of low and moderate income housing opportunities, in the form of statements in its Comprehensive Plan, and its allocation of General Fund revenues to low‑income housing initiatives; and

 

WHEREAS, the Town has received a request from the Triangle Housing partnership to contribute, along with the cities of Durham and Raleigh, to the Partnership's efforts to stimulate construction of low and moderate income housing;

 

NOW, THEREFORE, BE IT RESOLVED that the Council authorizes allocation of $4,000 to the Triangle Housing Partnership, in order to stimulate construction of low and moderate income housing.

 

This the 25th day of June, 1990.

 

Mayor Howes acknowledged that Paul Morris had been in attendance for the majority of the meeting this evening. Mayor Howes noted Mr. Morris' dedication as a strong advocate for affordable housing in the Triangle area.

 

Maddry Property Conceptual Plan

 

Interim Town Manager Loewenthal noted that it would take approximately ten to twenty years to fully develop the property. Ms. Loewenthal noted that funding for public housing units was currently available. Ms. Loewenthal added that it might be possible to obtain Urban Mass Transit Administration funding for development of a park and ride lot during the next fiscal year. Ms. Loewenthal also stated that a community center would be developed on the site in the future.

 

Development Coordinator Dave Roesler noted that development­related board and commissions had reviewed the conceptual plan at the request of the Council. Mr. Roesler showed an exhibit depicting the proposed future development of the Maddry property. Mr. Roesler also described the topography of the land, noting that there was a major electrical distribution line along the western property line. Mr. Roesler briefly reviewed the various proposed locations and future uses of the site.

 

Council Member Preston said she preferred alternative b, noting that she preferred not to have cars passing by homes on the site to reach the park and ride facility. Mr. Roesler noted that the Greenways Commission had recommended alternative C, having objected to the proposed roadway alignment adjoining the greenway as proposed in alternative b. Council Member Werner inquired about the possibility of locating the park and ride lot under the electrical transmission lines. Mr. Roesler stated that it was important for the park and ride lot to have direct access and visibility from NC 86. Council Member Werner said he did not find this to be a compelling argument, adding that the land under the transmission lines was not attractive for other uses.

 

Council Member Andresen said she did not favor a through road through the property, noting that this could result in a situation similar to Umstead Park. Council Member Rimer said he agreed with Council Member Werner's earlier remarks that the location of the park and ride lot proximate to NC 86 was not compelling. Council Member Rimer briefly reviewed previous discussions of the Planning Board and Council concerning the construction of a roadway connection through the Northwoods V subdivision. Council Member Preston said she preferred alternative b to alternative a, since the latter did not offer a direct alignment with Dixie Drive. Mr. Roesler noted that once the five‑lane section of NC 86 was completed, the curvature of the roadway might be flattened somewhat, resulting in a more direct alignment between NC 86 and the road into the Maddry property.

 

Council Member Brown inquired whether it was possible for the Council to approve the housing component of the plan without the other elements. Ms. Loewenthal said yes. Council Member Brown said she preferred alternative c over alternatives a and b. Council Member Brown requested that the staff investigate the possibility of locating the park and ride facility under the electrical transmission lines on the site.

 

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO SITE THE HOUSING AS OUTLINED IN THE CONCEPTUAL PLAN AND REQUESTED THAT THE STAFF DETERMINE THE FEASIBILITY OF LOCATING THE PARK AND RIDE LOT BENEATH ELECTRICAL TRANSMISSION LINES ON THE SITE. THE MOTION WAS ADOPTED UNANIMOUSLY (8‑0).

 

Amendment to Noise Ordinance

 

Council Member Herzenberg thanked the members of the Noise Ordinance Monitoring Committee for their work to date on the ordinance amendment. Council Member Herzenberg acknowledged the attendance of three members of the committee, Velma Perry, Margaret Knoerr and Robert Joesting, at this evening's Council meeting. Council Member Herzenberg noted that the revisions before the Council this evening had been unanimously recommended by the committee. Council Member Herzenberg added that the committee would return with recommendations on more difficult aspects of the noise ordinance in the fall. Council Member Herzenberg noted that Public Safety Director C?I Horton, the staff person for the committee, could answer questions from the Council.

 

Council Member Andresen said the committee had done a great job. Council Member Preston commended the work of the committee.

 

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

 

AN ORDINANCE AMENDING ARTICLE III, NOISE, OF CHAPTER 11 OF THE TOWN CODE OF ORDINANCES (90‑6‑25/0‑1)

 

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 Section 11‑39.I, Noises prohibited, nuisances, to the Town Code of Ordinances to read as follows:

 

Sec. 11-39.1   Noises prohibited, nuisances.

 

(a)     General prohibitions. It shall be unlawful as a public nuisance to create, cause or allow the continuance of any unreasonably loud and disturbing noise, particularly during nighttime, which interferes seriously with neighboring residents' reasonable use of their properties. Such noise may include, but is not limited to, the following:

 

     (1)     Yelling, shouting, whistling 0? singing. Yelling, shouting, whistling or singing on the public streets or private property at nighttime.

 

     (2)     Noisy parties. Congregating because of, or participating in any party or gathering of people, during nighttime.

 

     (3)     Loading operations. Loading, unloading, opening or otherwise handling boxes, crates, containers, garbage cans, or other similar objects during nighttime.

 

     (4)     Repair of motor vehicles. The repair, rebuilding or testing of any motor vehicle during nighttime.

 

     (5)     Radio, phonograph, television, or musical instrument. The playing of any radio, phonograph, musical instrument, television, or any such device, particularly during nighttime.

 

(b)     Specific prohibitions. The following acts are prohibited and shall be considered nuisance acts:

 

     (1)     Horns and signalling devices. The intentional sounding of any horn or signalling device of a motor vehicle on any street or public place continuously or intermittent­ly, except as a danger or emergency warning.

 

     (2)     Motor vehicles. Operating or permitting the operation of any motor vehicle or motorcycle not equipped with a muffler or other device in good working order so as to effectively prevent loud or explosive noises therefrom.

 

     (3)     Exterior loud speakers. Operating or permitting the operation of any mechanical device or loudspeaker, without a permit to do so, in a fixed or movable position exterior to any building, or mounted on any aircraft or motor vehicle in such a manner that the sound therefrom is in excess of the maximum decibel level as described in Sec. 11‑39.

 

     (4)     Power equipment. Operating or permitting the operation of any power saw, sander, drill, grinder, leaf blower, lawn mower, or other garden equipment or tools of a similar nature, outdoors during nighttime.

 

     (5)     Explosives. The use or firing of explosives, firearms, fireworks or similar devices which create impulsive sound.

 

  SECTION II

 

AMEND Sections 11‑40 and 11‑42 of the Town Code of Ordinances to read as follows:

 

Sec.  11-40.   Exceptions.

 

The following are exempt from the provisions of this article:

 

(1)     Sound emanating from regularly scheduled outdoor athletic events on the campus of the University of North Carolina.

 

(2)     Construction operations from 7:00 a.m. to 9:00 p.m. on weekdays and 8:00 a.m. to 9:00 p.m. on weekends for which building permits have been issued or construction operations not requiring permits due to ownership of the project by an agency of government; providing all equipment is operated in accord with manufacturer's specifications and with all standard equipment manufac­turer's mufflers and noise reducing equipment in use and in properly operating condition.

 

(3)     Noises of safety signals, warning devices, emergency pressure relief valves, all church bells and the bells of the Bell Tower and the bell on South Building on the University of North Carolina campus.

 

(4)     Noises resulting from any authorized emergency vehicle when responding to any emergency call or acting in time of emergency.

 

(5)     Any other noise resulting from activities of a temporary duration permitted by law and for which a license or permit therefore has been granted by the Town in accordance with the above. Regulations of noises emanating from operations under permit shall be according to the conditions and limits stated on the permit and contained above.

 

(6) Unamplified and amplified sound at street fairsconducted by or for the To m of Chapel Hill.

 

(7)     An official all‑campus University of North Carolina event, held on the University Campus, no more than one weekend in duration, occurring no more often than twice per year.

 

(8)  All noises coming from the normal operations of properly equipped aircraft (not including scale model aircraft).

 

(9)  All noises coming from normal operation of vehicle motors properly equipped with the manufacturer's standard mufflers and noise reducing equipment.

 

(10)     Noise from lawful fire works and noise makers on holidays and at religious ceremonies.

 

(11) Lawn mowers, agricultural equipment, and landscape maintenance equipment used between the hours of 7:00 a.m. and 9:00 p.m. when operated with all the manufacturer's standard mufflers and noise‑reducing equipment in use and properly operating condition.

 

(12)     Musical accompaniment or firearm discharge related to military ceremonies.

 

(13)     Sound amplification equipment used in conjunction with telecommunications systems on business properties to notify employees of that business of incoming phone calls, providing that this system be used only between the hours of 7:00 a.m. and 10:00 p.m., and that any speakers attached to the system be oriented toward the interior of the property.

 

(14)     Emergency work necessary to restore property to a safe condition following a fire, accident or natural disaster, or to restore public utilities, or to protect persons or property from an imminent danger.

 

(15)     Noises resulting from the provision of government services.

 

(16)     Noises resulting from the provision of sanitation services.

 

Sec. 11‑42.   Violations.

 

(a)  Any person who violates any portion of this chapter shall receive an oral order to cease or abate the noise immediately, or within a reasonable time period. During nighttime, or if a second violation occurs within 60 days, an oral order to cease or abate need not be issued prior to issuing a citation for violation of any portion of this chapter.

 

(b)  If the order to cease or abate the noise is not complied with, the person or persons responsible for the violation may be charged with a violation of this chapter and subject to a fine of fifty dollars ($50.00).

 

(c)     Violation of Section 11‑41 of this article is cause for immediate revocation of a permit to exceed normal limits. The Town Manager or Manager's designee may deny a request to exceed the limits or to operate sound amplifying equipment to any individual, group, organization, or musical group who has held a permit to exceed normal noise levels within the previous six (6) months, and has violated the conditions of said permit, or who has violated any condition of this article within the previous six (6) months, with or without a permit. All permits issued pursuant to this article shall contain a statement of the penalties for violations set forth herein.

 

(d)     Parties who experience on‑going disagreement concerning noise may be referred to the Dispute Settlement Center for mediation services. Referral forms will be provided by the Police Department. The Dispute Settlement Center will provide services in accordance with the agency's policies and procedures.

 

  SECTION III

 

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

 

This the 25th day of June, 1990.

 

Downtown Commission Contracts

 

Assistant to the Town Manager Greg Feller said the proposed contract addressed financing and services for the downtown area including trolleys and cleaning of sidewalks. Mr. Feller said that there had been support for the continuation of current services at a public meeting on February 1. Council Member Andresen stated that downtown merchants were getting a good value for their money. Council Member Andresen inquired whether it was possible to continue servicing of hanging baskets during the summer months.

 

Council Member Brown inquired about decreased ridership of the downtown trolley. Mr. Feller noted that there had been a great deal of publicity and novelty associated with initial operation of the trolley. Mr. Feller said that the initial novelty had probably decreased. Council Member Brown inquired whether the downtown merchants were getting value from the trolley service. Mr. Feller said there had been no effort to perform an economic analysis of the trolley service. Mr. Feller stated that such an analysis could be initiated in the future.

 

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN TO ADOPT RESOLUTION 6. THE MOTION WAS ADOPTED UNANIMOUSLY (8‑0).

 

A RESOLUTION AUTHORIZING THE MANAGE TO EXECUTE AGREEMENTS WITH THE DOWNTOWN COMMISSION REGARDING SERVICES IN 1990‑91 (90‑6‑25/R‑6)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves, and authorizes the Manager to sign on behalf of the Town, agreements with the Chapel Hill‑Carrboro Downtown Commission regarding operation of the downtown trolleys and provision of downtown services on behalf of the Town; said agreements shall be substantially in the form submitted to the Council on June 25, 1990.

 

BE IT FURTHER RESOLVED that the Council hereby amends by reference the policy adopted on June 11, 1990 regarding transportation fees and charges to include the trolley advertising rates as set forth in the trolley operating agreement submitted to the Council on June 25, 1990.

 

This the 25th day of June, 1990.

 

Council Member Rimer requested that the staff examine alternative methods for the upkeep of hanging baskets. Council Member Wallace suggested that local boy and girl scout troops could be contacted for possible assistance.

 

Mayor Howes noted that Debbie Dibbert, Executive Director of the Downtown Commission, would be leaving this post in the near future. Mayor Howes acknowledged Ms. Dibbert's efforts and dedication in her role as the Commission's Director.

 

Report on Small Area Plans

 

Planning Director Roger Waldon said the memorandum before the Council presented an overview of the small area plan process. Mr. waldon noted that the environmental analysis element of small area plans had been recently completed. Mr. Waldon stated that no Council action was requested this evening, adding that the staff would return to the Council in August or September, seeking additional direction concerning the prioritizing of small areas.

 

Council Member Andresen noted that the Council appeared to be committed to the concept of small area plans. Council Member Andresen inquired about the possible uses of the maps and informa­tion gathered. Mr. Waldon said the plans could serve as a blueprint for future development in specific areas of the Town. Mr. Waldon added that the inventory of information could also be valuable in determining the location of regional infrastructure. Council Member Andresen inquired about the regulatory strength of the small area plans. Mr. Waldon said that the initial context of the plans was to downzone and use the Town's zoning power to determine the pace of development in the community. Mr. Waldon said the small area plans could contribute to more precise zoning of land.

 

Council Member Rimer commended the staff's work to date on small area plans, but added that the schedule appeared to be too long. Council Member Wallace said he strong supported the concept of small area plans as a necessary prelude to specific zoning.

 

Report on Coventry Refuse Collection

 

Public Works Director Bruce Heflin briefly reviewed the history of the request from the Coventry Homeowners Association. Mr. Heflin noted that dumpster pads had not been laid out or provided in the Coventry development. Mr. Heflin said that following extensive analysis, the staff was unable to recommend the homeowner's proposal for refuse pickup. Mr. Heflin stated that the proposed service would cost three and a half times as much as dumpster service. Mr. Heflin noted that the staff had previously recommended against requests for exceptions of this type. Mr. Heflin stated that some townhome developments currently receive rear yard collection due to grandfathering of their existing situations.

 

Grainger Barrett, attorney for the Coventry homeowners, said that the developer of the property, not the homeowners had created the situation at hand. Mr. Barrett stated that the developer had not protected the best interest of area residents relative to refuse collection. Mr. Barrett said an exception similar to that sought by Coventry had been granted to the Willow Terrace condominiums in 1983. Mr. Barrett suggested that Coventry serve as a pilot program for services of this type.

 

Art Dodd, a Coventry townhome owner, said that Town officials should have required the developer to provide dumpster pads. Mr. Dodd stated that Coventry homeowners were willing to have once, rather than twice per week pick‑up. .Mr. Dodd said the cost of the roll‑out containers would be approximately $70 to $80 per unit. Mr. Dodd concluded his remarks by noting that the Woodglen and Meadows developments currently receive curbside pick‑up by the Town.

 

Council Member Rimer noted that he had met with Ms. Loewenthal and Mr. Heflin to attempt to work out a compromise of the situation. Council Member Rimer suggested that the$ matter could be discussed further at the Council's July 5th work session. Council Member Brown said it did not appear to be an appropriate time to make a decision in this matter, adding that additional thought should be given to the situation. Council Member Preston inquired whether Coventry residents w?re satisfied with the present refuse collection system. Mr. Dodd said the current service was excellent, but would inevitably increase in cost in the future.

 

Board and Commission Appointments

 

Dr. David Moreau was appointed to the Orange Water and Sewer Authority Board of Directors by acclamation.

 

All applicants for the Planning and Transportation Board were nominated for appointment consideration at the Council's July 9th meeting.

 

The Council also made the following appointments:

 

Board of Adjustment                   Brad Torgan

 

Historic District Commission         Henry Mattox

                                   Mark Perry

 

Parks and Recreation Commission    Lee Pavao

 

The balance of appointments were carried over to the Council's July 9th meeting.

 

Copies of individual ballots are available for inspection in the Town Clerk's Office.

 

Consent Agenda

 

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

 

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER WALLACE, TO MOVE INTO EXECUTIVE SESSION.  THE MOTION WAS ADOPTED UNANIMOUSLY (8‑0).

 

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS (90‑6‑25/R‑8)

 

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.     Public housing utility allowance (R‑9).

     b.     Awarding bid for public housing improvements (R‑10).

     c.     Year‑end budget amendment (0‑2).

     d.     Status report on Design Manual and Engineering Standards.

     e.     Franklin Street extravaganza (R‑11).

 

This the 25th day of June, 1990.

 

A RESOLUTION ADOPTING A REVISED UTILITIES ALLOWANCE FOR THE PUBLIC HOUSING PROGRAM (90‑6‑25/R‑9)

 

WHEREAS, the U.S. Department of Housing and Urban Development requires that Utilities Allowances be revised when there is a ‑ significant increase in the consumption levels or a cumulative increase in utility rates that equals or exceeds ten percent; and

 

WHEREAS, a comprehensive review of data reveals that there has been a significant increase in the consumption levels in public housing neighborhoods and a ten percent increase in rates;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council adopts the attached revised Utilities Allowance for the Public Housing Program in compliance with the regulations of the U.S. Department of Housing and Urban Development, as submitted by the Town Manager on June 25, 1990.

 

BE IT FURTHER RESOLVED that the Council hereby authorizes the Town Manager to revise public housing utility allowances in the future to reflect changes in rates or consumption levels in accord with guidelines of the U.S. Department of Housing and Urban Development.

 

This the 25th day of June, 1990.

 

A RESOLUTION ACCEPTING A BID AND AWARDING A CONTRACT FOR THE PUBLIC HOUSING IMPROVEMENTS PROJECT (90‑6‑25/R‑10)

 

WHEREAS, the Town of Chapel Hill has solicited formal bids by advertisement in The Chapel Hill Newspaper on May 31, 1990 in accordance with G.S. 143‑129 for the Public Housing Improvements Project; and

 

WHEREAS, the following bids were received and opened on June 7, 1990:

 

Contractors                                 Bid Amount

 

R.J. Cheadle Construction Co.                  $28,395.00

Person Building and Repair Co.            $30,000.00

Skylight Exchange, Inc.                     $34,985.00

Country Folk Builders                      $38,201.60

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council rejects the bid of R.J. Cheadle Construction Company because the company did not meet the 5% bid bond require­ments of General Statute 143‑129; rejects the bid of Person Building and Repair Company because the company failed to sign the bid form and non‑collusive affidavit; and accepts the bid and awards the contract to Skylight Exchange, Inc. in the amount of $34,985.00 for the Public Housing Improvements Project at the Craig‑Gomains and North Columbia Street neighborhoods.

 

This the 25th day of June, 1990.

 

AN ORDINANCE TO AMEND "THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1989" (90‑6‑25/0‑2)

 

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

 

ARTICLE I

 

                    Current     Revised

                    Budget     Increase      Decrease     Budget

 

APPROPRIATIONS

 

GENERAL FUND

 

Non‑Departmental

  Transfer to Grant

  Fund                                       $ 48,491

 

Planning Depart-

  ment                 $  605,603   $ 48,491          $654,094

 

Police

  Support Serv.   $1,050,700         $ 14,117          $1,064,817

 

PUBLIC HOUSING      $1,415,200         $ 81,068          $1,496,268

 

CAPITAL IMPROVE-

MENTS FUND

 

  Homeless

  Shelter              $  253,000   $115,000          $368,000

 

 

  ARTICLE II

 

                    Current     Revised

                    Budget     Increase      Decrease     Budget

 

REVENUES

 

GENERAL FUND

 

  Fines & Forfei-

  tures                $  280,000     $ 14,117          $294,117

 

PUBLIC HOUSING

FUND              $1,415,200      $ 81,068     $1,496,268

 

CAPITAL IMPROVE-

MENTS FUND

 

  NCHFA Shelter

  Grant                         ‑0‑        $115,000          $115,000

 

This the 25th day of June, 1990.

 

 

A RESOLUTION TEMPORARILY CLOSING PORTIONS OF FRANKLIN STREET (FRANKLIN STREET EXTRAVAGANZA) (90‑6‑25/R‑11)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the closing of Franklin Street between Columbia Street and Henderson Street from 7:00 p.m. Friday, October 19, 1990 until 1:00 a.m Saturday, October 20, to allow the holding of the Franklin Street Extravaganza, as part of the UNC homecoming events, and clean‑up of the streets following the event.

 

This the 25th day of June, 1990.

 

 

The regular meeting concluded at 11:42 p.m.

 

 

The Council reconvened in the Council Chamber at 12:01 a.m.

 

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER PRESTON, THAT THE COUNCIL ACQUIRE TEN ACRES ALONG EAST FRANKLIN STREET (THE DANZIGER PROPERTY) WITH PROCEEDS FROM THE SALE OF 1989 OPEN SPACE BONDS. THE MOTION WAS ADOPTED UNANIMOUSLY (8‑0).

 

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO ADJOURN THE COUNCIL MEETING. THE MOTION WAS ADOPTED UNANIMOUSLY (8‑0).

 

The meeting concluded at 12:02 p.m.