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

   HILL, NORTH CAROLINA, MONDAY, OCTOBER 8, 1990, 7:30 P.M.

 

Mayor Howes called the meeting to order.

 

Council Members in attendance were Julie Andresen, Joyce Brown, Joe Herzenberg, Nancy Preston, James C. Wallace and Roosevelt Wilkerson, Jr. Council Members Alan Rimer and Arthur Werner were absent excused.  Also in attendance were Assistant to the Mayor Lisa Price, Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Planning Director Roger Waldon, Assistant to the Attorney Richard Sharpless and Town Attorney Ralph Karpinos.

 

There were no ceremonies or hearings.

 

                       Item 3 Petitions

 

Maxeine Mitchell, President of the Airport Gardens Neighborhood Association, requested that a sign designating Airport Gardens be placed at the entrance of the neighborhood.  Ms. Mitchell introduced other officers of the association in attendance at this evening's meeting. Mayor Howes suggested that the Council could consider consent agenda item 11i, Airport Garden's request for formal designation, as the first action item following consideration of minutes. The Council concurred.

 

Joe Capowski, 404 Coolidge Street, requested a change to the Town's Development Ordinance concerning the regulation of floor area ratios relative to duplexes.  Town Manager Horton indicated that the request could be addressed through the text amendment process. Council Member Andresen inquired how long this process would take. Mr. Horton said a response could take several months, but every effort would be made to handle the matter expeditiously.

 

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO REFER MR. CAPOWSKI'S PETITION TO THE TOWN MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (7‑0).

 

Frank Boardman, 2 Cobb Terrace, expressed concern that a twenty- one year old quadriplegic was being warehoused in geriatric care  in a local nursing home.  Mr. Boardman stated that he had secured support and assistance from State Representative Joe Hackney and U.S. Representative David Price. Mr. Boardman requested that the community be aware of his planned two‑week walk from Chapel Hill  to Washington, to dramatize his son's plight.  Mayor Howes indicated that the Council and he were interested in his son's situation. Mayor Howes added that the Town Manager would report back to the Council on this matter in the future.

 

COUNCIL MEMBER WILKERSON MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO REFER MR. BOARDMAN'S PETITION TO THE TOWN MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (7‑0).

 

Eileen Camp indicated that she and Maureen Detwiler were working with the Town staff to develop guidelines for the resale of Tandler homes.  Ms. Camp expressed concern that delays in development of the guidelines restrained those wishing to sell their homes from moving into the unsubsidized housing market. Maureen Detwiler inquired whether the Council had any comments in this matter. Town Manager Horton observed that the anticipated deadline for completion of staff work was the end of December.  Ms. Detwiler said she had brought the issues of shared appreciation and second mortgage repayment to the Council on two other occasions. Mayor Howes said the policies involved were complicated. He added that the Town Manager would do his best to bring the matter back in a timely fashion.

 

Council Member Andresen inquired about the proposed schedule for allocation of hotel‑motel tax funds. Town Manager Horton indicated that a report would be presented at the Council's October 29th meeting.  He indicated that the Town would hopefully receive the Art Center's audit report after this date.

 

                Item 4 Minutes of September 17

 

Council Member Andresen requested one modification to page three  of the minutes.

 

COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER WILKERSON, TO ADOPT THE MINUTES OF SEPTEMBER 17, 1990 AS REVISED. THE MOTION WAS ADOPTED UNANIMOUSLY (7‑0).

 

         Item 11i Naming of Airport Gardens Apartments

 

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER WILKERSON, TO ADOPT CONSENT AGENDA ITEM 11i AS PRESENTED. THE MOTION WAS ADOPTED UNANIMOUSLY (7‑0).

 

A RESOLUTION OFFICIALLY NAMING THE AIRPORT GARDENS APARTMENTS (90‑10‑8/R‑Il)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the name "Airport Gardens Apartments" for the public housing neighborhood on the west side of Airport Road north of Umstead Drive.

 

This the 8th day of October, 1990.

 

Mayor Howes stated that a marker would be placed at the entrance  of the apartments officially naming them "Airport Gardens Apartments".  Ms. Mitchell invited the Mayor and Council to attend the formal naming ceremony on Wednesday, November 7th.

              Item 5 Sister Cities Status Report

 

Council Member Herzenberg noted that he and several other Town residents had visited the Town's Sister City of San Jorge, Nicaragua during their local and national elections in February.  He introduced the members of the contingent in attendance at this evening's meeting.

 

Diane McDuffee provided a chronicle of the group's journey. Ms. McDuffee noted that sixteen Town residents had travelled to San Jorge; about half of the group was fluent in Spanish.  She indicated that the group had met with representatives of many different Nicaraguan groups.  Ms. McDuffee noted that the concept of the "Witness for Peace" international program was conceived in Chapel Hill.  Ms. McDuffee added that the group had met with U.S. Representative David Price during their visit to Nicaragua.

 

Ms. McDuffee noted that the group had also attended UNO and Sandanista political rallies during their visit. She said that Nicaragua has land area equivalent to the size of North Carolina, with approximately one‑half the population. Ms. McDuffee stated that the population of San Jorge is approximately 5,000. She noted that the group monitored four election precincts (mutually agreed upon by UNO and FSLN officials) on the day of the elections. She added that these were the first ever municipal elections in Nicaragua.

 

Ms. McDuffee noted that the Sister City high school renovation project was nearing completion. She noted that the next major project was the restoration of San Jorge's health center. Ms. McDuffee stated that a dance‑a‑thon for the Chapel Hill‑San Jorge sister city project would be held on Sunday, October 21st at the Cat's Cradle on Franklin Street. Ms. McDuffee said that Latin­American and rock bands would be featured for the $5 cover charge. She noted that a lot of interest in the event had been expressed  by Orange and Chapel Hill High School students.  Ms. McDuffee said that the Sister City group was very grateful for the Council's and Town's moral support.

 

Council Member Wallace said it was clear that the group's visit to San Jorge had gone very well.  Council Member Wallace stated that he was pleased that citizens of the two communities work well together.

 

Council Member Brown expressed her appreciation for the group's first hand report. Council Member Brown said the in‑person detail provided more realism than a written report.

 

Council Member Herzenberg indicated that he had presented a Chapel Hill Town key to the Mayor of San Jorge, on behalf of the Council. Council Member Herzenberg added that the Chapel Hill sister city group had also presented baseball equipment donated by former Durham Bulls owner Miles Wolff and sixteen boxes of school supplies donated by area residents.

 

Violet Simon stated that a pen pal exchange between Chapel Hill and San Jorge would be established in the near future. Mayor Howes noted that any visitors from San Jorge, Nicaragua would be warmly received by the Town and Council.

 

                 Item 6 Rural Buffer Proposals

 

Planning Director Roger Waldon noted that Clint Berkman, Livy Ludington and David Stancil were in attendance at this evening's meeting. Mr. Waldon indicated that a slightly revised set of rural buffer proposals was before the Council this evening, including proposed revisions to cluster development water and sewer service options.

 

Mr. Waldon stated that the staff recommended that the Council ask questions this evening, refer the matter to the Planning Board for discussion at their October 16th meeting, and consider Council action on October 29th.  Mr. Waldon indicated that the proposals had been presented to the Carrboro Planning Board. He added that the matter would be discussed by the Orange County Planning Board and Carrboro Board of Aldermen on October 9th.

 

Council Member Wallace expressed concern about the short length of time for Planning Board consideration of proposed rural buffer standards. He suggested that hasty action might have future negative impacts on area watersheds and water quality. Council Member Wallace said a longer time frame was advisable. Council Member Andresen said she shared Council Member Wallace's concerns about future water quality as well as how alternate treatment systems would be handled. Council Member Andresen said she was comfortable with the proposed timetable outlined by Town staff.

 

Town Manager Horton noted that several members of the Town's Planning Board had attended the joint planning hearing on the rural buffer. He added that there had also been a great deal of opportunity for public involvement in the process.

 

Council Member Wilkerson inquired which "reputable public entities" other than OWASA would provide water and sewer service for cluster developments.  Mr. Waldon responded that two logical candidates were Orange County and OWASA. He noted that OWASA is reluctant to take over responsibility for infrastructure which it did not construct and design.  Council Member Wilkerson asked whether Orange County was seriously considering entering into the provision of water and sewer service. Mr. Waldon said that this possibility was under active consideration.

 

Council Member Brown expressed concern about the impact of treatment facilities in the watershed upon groundwater supplies.

 

She added that developments linked to transportation corridors could possibly contribute to future roadway and air quality problems.

 

Council Member Preston requested a clarification of the difference between average and minimum lot sizes. Mr. Waldon briefly reviewed the differences.

 

Council Member Andresen noted that alternative water and sewer treatment systems were an untested tool which were not a panacea. Council Member Andresen stated that possible use of alternative systems should be considered very cautiously.

 

Mr. Berkman indicated that the Rural Character Study Committee had wrestled with a number of difficult policy questions. He expressed the committee's willingness to consult with the Planning Board in the development of guidelines. Mayor Howes said he was impressed with the efforts of the task force to date. Mr. Berkman expressed his appreciation for the Mayor and Council's support. Council Member Andresen inquired whether the watershed issue had been resolved.  Mr. Berkman indicated that standards for the University Lake watershed had been established. Council Member Wallace asked whether there were similar standards for Cane Creek. Mayor Howes noted that Cane Creek is located outside the boundaries of the joint planning area. Council Member Wallace stated that he was not overwhelmed with the change in semantics concerning the definition of cluster development. Council Member Wallace added that the Council had no obligation to act in this matter prior to achieving a consensus. Mr. Berkman noted that the task force had carefully considered the fact that all land in Orange County is located in watersheds. Mr. Berkman said that the task force intended to address all areas of Orange County.

 

COUNCIL MEMBER WILKERSON MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO REFER THE MATTER TO THE PLANNING BOARD AND TOWN STAFF. THE MOTION WAS ADOPTED UNANIMOUSLY (7‑0).

 

                  Item 7 UNC Tennis Facility

 

Town Manager Horton noted that a special use permit was needed since this project exceeded 20,000 square feet.

 

Planning Director Roger Waldon stated that approval of the project with conditions was recommended to the Council. Mr. Waldon added that it was necessary to amend conditions of approval five and eleven, to reflect previous agreements with the Council and applicant.

 

Council Member Wallace requested that conditions twelve and thirteen also be modified. Mr. Waldon provided modifications to these conditions.  Town Attorney Karpinos concurred with the revised conditions. The applicant's representative, Gordon Rutherford, agreed to the proposed conditions of approval, as revised.

 

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

 

COUNCIL MEMBER WALLACE MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO ADOPT RESOLUTION 1A. THE MOTION WAS ADOPTED UNANIMOUSLY (7‑0).

 

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE UNC INDOOR TENNIS FACILITY (90‑10‑8/R‑1a)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the UNC Indoor Tennis Facility, proposed by the University of North Carolina, on property identified as Chapel Hill Township Tax Map 66, part of Lot 12, if developed according to the undated Site Plan, and the conditions listed below, would:

 

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

 

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

 

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

 

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

 

These findings are conditioned on the following:

 

1.   That construction begin by October 8, 1991 (one year from the date of the Council approval) and be completed by October 8, 1992 (two years from the date of the Council approval).

 

2.   That the University of North Carolina shall provide for refuse collection at the facility.

 

3.   That all outdoor lighting shall be erected/constructed in a manner which directs the light away from adjacent residential areas.

4.   That detailed building elevations, lighting plan, landscaping plan, and landscape maintenance plan be approved by the Appearance Commission prior to issuance of a Zoning Compliance Permit. This landscape plan shall provide a "C" type buffer around the perimeter of the development at a width of at least 100 feet adjacent to the Finley Forest Condominium Development and at least 50 feet on all other sides.

 

5.   That the final utility/lighting plan be approved by OWASA, Public Service Gas, and the Town Manager, before issuance of a Zoning Compliance Permit.

 

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

 

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

 

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

 

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

 

10.  That a Landscape Protection Plan be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

 

11.  That tree protection fences be installed along the perimeter of all clearing area limits to protect existing tree stands and their root systems, before the start of construction.

 

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

 

13.  If any of the above conditions is held to be invalid, this approval in its entirety shall be void.

 

BE IT FURTHER RESOLVED that the Council hereby approves the application for the UNC Tennis Facility Special Use Permit in accordance with the plans and conditions listed above.

 

This the 8th day of October, 1990.

 

             Item 8 Morgan Run Cluster Subdivision

 

Planning Director Roger Waldon noted that the staff recommendation was to approve the developer's application. He added that future discussions could possibly be held with the applicant concerning the siting of a small commercial or retail center within the subdivision. Mr. Waldon noted that condition number thirty‑seven required modification in order to be consistent with the language adopted for the UNC Tennis Facility and future applications.

 

There were no additional comments from citizens.

 

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

 

COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER WILKERSON, TO ADOPT RESOLUTION 2A, AS AMENDED.

 

Council Member Preston inquired why curbside refuse collection was being recommended. Mr. Waldon said that this would be a preferred refuse collection method in certain cases due to steep driveway grades in the area. Mr. Waldon added that curbside refuse collection was not proposed for all homes in the subdivision. Town Manager Horton added that the Town would not provide refuse collection to the subdivision until the area was annexed into the Town limits.

 

Council Member Brown inquired whether the staff would address drainage concerns relative to the increased surface development area. Mr. Waldon responded that drainage engineers had determined that stormwater could be managed effectively on the site. He added that land disturbance would be limited to the flatter areas of the site. Council Member Brown also inquired whether steep dry creek beds had been taken into account. Mr. Waldon said yes, noting that the resource conservation district was overlaid on the dry creek beds.

 

Council Member Brown asked how dedication of the recreation area would be handled. Mr. Waldon said that the Town's principal interest was in acquiring land that could possibly be tied into the Town's greenways system. He noted that recreation areas and greenways could possibly be deeded to the Town. Noting the Comprehensive Plan goal of constructing fifteen percent affordable housing units, Council Member Brown inquired whether any of the homes in Morgan Run would be offered as affordable housing. Mr. Waldon responded that the figure was a goal rather than an ordinance requirement.

 

Council Member Andresen noted that the Town staff had done the best it could with existing ordinances relative to cluster subdivisions. Council Member Andresen expressed concern that the proposed lots were very small and had very steep topography. Council Member Andresen also noted that the City of Durham and Town of Garner had recently enacted impact fees for stormwater management. Mayor Howes observed that the Council sent mixed messages to the staff concerning cluster subdivisions.

 

Council Member Wallace inquired about the rationale for proposed ownership of the recreation area. Mr. Waldon responded that the Town could not require dedication of the area. Council Member Wallace noted that the Transportation Board's recommendation concerning construction of a bicycle lane was not included in Resolution 2A. Mr. Waldon said this was correct, adding that a sidewalk would be required in lieu of a pedestrian pathway. Council Member Wallace inquired about the possibility of a small commercial center on the site in the future. Mr. Horton noted that it would be possible to establish neighborhood commercial properties on a very limited scale if the Council approved appropriate zoning for the parcel.

 

The question was called and the motion placed on the floor.

 

RESOLUTION 2A, AS AMENDED, WAS ADOPTED BY A VOTE OF 6‑1, WITH COUNCIL MEMBER BROWN VOTING NO.

 

A RESOLUTION APPROVING AN APPLICATION FOR PRELIMINARY PLAT APPROVAL FOR MORGAN RUN CLUSTER SUBDIVISION (90‑10‑8/R‑2a)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the subdivision proposed by Young‑Jewell and Associates for First Federal Savings and Loan of Raleigh, N.C., on property identified as Chapel Hill Township Tax Map 122, Block B, Lot 8L, if developed according to preliminary Plat dated February 13, 1990 would comply with the following cluster development requirements from Subsection 17.8.2 of the Development Ordinance:

 

1.   The development tract is at least two (2) acres in size;

 

2.   Public water and sewer connections will be available for each lot;

 

3.   The total number of building lots is not greater than the number determined by dividing the total gross land area by the minimum gross land area;

 

4.   The recreation area reserved within the tract conforms to the recreation standards of Section 17.9; and

 

5.   The minimum amount of land reserved as recreation area is the sum of all reductions in minimum gross land area as a result of the cluster form of development, or the minimum recreation area reservation required in Subsection 17.9.2, whichever is greater.

 

BE IT FURTHER RESOLVED by the Council of the Town of Chapel Hill that it finds in this particular case that the proposed subdivision shall be exempted from the land suitability requirements as identified in Subsection 17.9.6(c) of the Development Ordinance.

 

These findings are conditioned on the following:

 

1.   That Culbreth Road be improved along the property frontage to one‑half of a 41‑foot cross‑section with curb and gutter and sidewalk; and that one‑half of a 70‑foot right‑of‑way be dedicated.

 

2.   That an appropriately tapered left turn lane be added at the Morgan Run entrance on Street "A".

 

3.   That a bus‑stop, built to Town standards, be added along the property frontage on Culbreth Road, in the general area between lots 2 and 7. The location of the bus‑stop shall be approved by the Town Manager.

 

4.   That one‑half of a 120‑foot right‑of‑way along the property frontage on Highway 15‑501 be dedicated.

 

5.   That internal streets be constructed to Town standards.

 

6.   That a sidewalk, built to Town standards, be added:

 

     A)   Along the west side of Street "A", and continuing along the west side of Street "B", extending from the intersection with Street "A" to the property line; and

 

     B)   Along the east side of Street "B", extending from the property line to the pedestrian easement located between Lots 23 and 24.

 

7.   That the final plat indicate a type "C" buffer and restricted access easement along Culbreth Road.

 

8.   That pedestrian/non‑motorized vehicle easements with a pathway be provided on the final plat and final plans between lots 23 and 24, linking Street "A" with the Culbreth Road bus stop, and linking Street "A" to Culbreth Junior High School through Culbreth Park.

 

9.   That the pedestrian access easements and/or greenway easements be indicated on all plats, plans and other documents in the following manner:  "Public pedestrian and non‑motorized vehicle easement, dedicated to the Town of Chapel Hill for greenway purposes only."

 

10.  Prior to issuance of any Certificates of Occupancy, signs, approved by the Town Manager, shall be erected within pedestrian access easements indicating "public access trail" to the recreation area.

 

11.  That all recreation area be either deeded to the Town or dedicated to the Town but owned by the homeowners' association With a blanket easement as indicated in Condition #9.

 

12.  That all required pedestrian easements contain an improved gravel path to be installed by the applicant prior to issuance of any Certificates of Occupancy, and maintained by the Morgan Run Homeowners' Association unless and until accepted by the Town of Chapel Hill.

 

13.  That the boundaries of the Resource Conservation District be shown on the final plat and plan with a note indicating that "Development shall be restricted within the Resource Conservation District in accordance with the Development Ordinance."

 

14.  That all variances necessary for development within the Resource Conservation District be obtained before application for final plat or final plan approval.

 

15.  That any restrictive covenant applicable to lots adjacent to the Resource Conservation District not require greater setbacks than those required by the Development Ordinance.

 

16.  That no lot be created that would require a Resource Conservation District Variance in order to be built upon.

 

17.  That the approval of this preliminary plat authorizes the developer to remove two rare (over 36" diameter at breast height) trees in the area of proposed Lots 27 and 29.

 

18.  That buildable area or Lots 19 through 30, containing critical root zones of significant trees, be indicated on the final plat.

 

19.  That the grading plans for Lots 27, 28, and 29 be approved by the Town Manager prior to issuance of a Zoning compliance Permit.

 

20.  That the final plat indicate the buildable area on all lots which contain a portion of the Resource Conservation District.

 

21.  That a note be added to the final plat indicating that refuse collection may be restricted to curb-side service.

 

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

 

23.  That the final utility/lighting plan be approved by OWASA, Duke Power, Carolina Cable, Public Service Company, Southern Bell, and the Town Manager before issuance of a Zoning Compliance Permit. The developer shall be responsible for assuring these utilities, including cable television, are extended to serve each lot in the development.

 

24.  That a fire flow report and detailed construction plans be submitted to the Town Manager for approval prior to issuance of a Zoning Compliance Permit.

 

25.  That detailed construction plans for proposed infrastructure additions and alterations be reviewed and approved by the Orange Water and Sewer Authority and by the North Carolina Department of Transportation, and by the Federal Emergency Management Agency and/or the North Carolina Department of Crime Control and Public Safety, as appropriate, prior to issuance of a Zoning Compliance Permit,

 

26.  That the developers shall be responsible for placement and maintenance of temporary regulatory traffic signs before issuance of any Certificate of Occupancy until such time that the street system is accepted for maintenance by the Town.

 

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

 

28.  That prior to paving streets, utility service laterals, including but not limited to telephone, cable, electricity, natural gas, water and sewer, shall be stubbed out to the front property lines of each lot. Sanitary sewer at laterals shall be capped off above ground.

 

29.  That plans for improvements to State‑maintained roads be approved by North Carolina Department of Transportation prior to issuance of a Zoning Compliance Permit.

 

30.  That easement documents as required by OWASA and the Town Manager be recorded before final plat approval.

 

31.  That a Landscape Protection Plan be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

 

32.  That tree protection fences be shown on the final plans and installed at the limits of clearing to protect existing trees and their root systems before the initiation of land ­disturbing activities.

 

33.  That sight distance easements be provided on the final plat.

 

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

 

35.  That no Certificate of Occupancy be issued until all required public improvements are completed; and that a note to this effect shall be placed on the final plat.

 

     If the Town Manager approves a phasing plan, no Certificates of Occupancy shall be issued for a phase until all required public improvements for that phase are complete; no Building Permits for any phase shall be issued until all public improvements required in previous phases are completed to a point adjacent to the new phase; and that a note to this effect shall be placed on the final plat.

 

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

 

37.  That if any of the above conditions is held to be invalid, approval in its entirety shall be void.

 

BE IT FURTHER RESOLVED that the Council hereby approves the application for Preliminary Plat approval of Morgan Run Subdivision in accordance with the plans and conditions listed above.

 

This the 8th day of October, 1990.

 

    Item 9 Minority and Women‑Owned Business Participation

 

Finance Director James Baker provided an analysis of how other communities handled minority and women‑owned business participation policies, what the Town was currently doing in this regard, and what the Town could do to improve its current program. Mr. Baker noted that the Town had adopted a ten percent good faith efforts goal for minority and women participation. Mr. Baker added that the Town could maintain a directory of minority and women‑owned businesses in the future.

 

Council Member Wilkerson inquired about the present level of participation by minority and women‑owned businesses. Mr. Baker indicated that he would report back to the Council with this figure in the future. Council Member Wilkerson inquired whether minority and women‑owned businesses were involved in contracts other than janitorial services. Mr. Baker responded that a minority contractor was providing E‑z rider services. He added that there might be other contracts currently serviced by minority and women-­owned businesses. Town Manager Horton noted that the Town did not currently have a reliable reporting system for levels of participation by minority and women‑owned businesses.

 

Mayor Howes said that the proposed plan for administering minority and women‑owned business participation was very well thought out. Town Manager Horton noted that the Town would regularly report to the Council on minority and women‑owned business participation within the context of the quarterly report. Mr. Horton noted that no formal Council action was necessary on this item. Council Member Wilkerson said he was pleased with the information presented this evening. He requested the provision of more detailed information in the future.

 

                     Item 10 Appointments

 

                      Board of Adjustment

 

Council Member Wilkerson expressed support for appointing Lynn Cox to the Board of Adjustment. Council Members Andresen and Preston concurred with his recommendation.

 

LYNN COX WAS UNANIMOUSLY APPOINTED TO THE BOARD OF ADJUSTMENT.

 

Original ballots are available for inspection in the Town Clerk's office.

 

                  Small Area Plan Work Group

 

Mayor Howes noted that he had met with Carrboro Mayor Eleanor Kinnaird to discuss the group's activities. Mayor Howes suggested the possible appointment of an ex‑officio Carrboro representative. Planning Director Roger Waldon noted that Town and Carrboro staff were working informally on the small area planning process. He added that staff from Chatham County, Durham County and the City of Durham had also been invited to work on the process. Noting an insufficient pool of applicants for appointments, Mayor Howes suggested that the Council defer appointments until the Council's October 29th meeting.

 

                    Item 11 Consent Agenda

 

Council Member Brown requested that item b be removed from the consent agenda for discussion.

 

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER WALLACE, TO ADOPT THE BALANCE OF THE CONSENT AGENDA (ITEMS A AND C‑H) AS PRESENTED. THE MOTION WAS ADOPTED UNANIMOUSLY (7‑0).

 

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND AN ORDINANCE (90‑ 10‑8/R‑3)

 

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.   Authorizing use of surplus funds (R‑4).

 

     b.   Landscaping agreement with NCDOT (R‑5).

 

     c.   Disposition of surplus property (R‑6).

 

     d.   Transportation capital grant (0‑1).

 

     e.   Cemetery sprinkler bid (R‑7).

 

     f.   CIAP budget ordinance amendment (R‑8, 9).

 

     g.   Dixie Drive assessments (R‑10).

 

     h.   Zoning enforcement report.

 

This the 8th day of October, 1990.

 

A RESOLUTION APPROVING THE USE OF SURPLUS FUNDS UNDER THE FY 1989 COMPREHENSIVE IMPROVEMENT ASSISTANCE PROGRAM (CIAP) (90‑10‑8/R‑4)

 

WHEREAS, the U.S. Department of Housing and Urban Development has approved the use of the surplus funds for additional work items that would correct needed interior repairs; and

 

WHEREAS, the U.S. Department of Housing and Urban Development has requested that the Town of Chapel Hill approve and submit a Comprehensive Assessment\Program Budget revision and Council resolution reflecting the additional work items;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves and authorizes the use of the surplus modernization funds for interior repairs at the Craig­Gomains Neighborhood; and authorizes the Town manager to submit the Comprehensive Assessment/Program Budget revision and authorizing resolution to the u.s Department of Housing and Urban Development.

 

This the 8th day of October, 1990.

A RESOLUTION DECLARING 3 ITEMS OF PERSONAL PROPERTY TO BE SURPLUS AND AUTHORIZING AND DIRECTING THE SALE OF SAID PROPERTY BY ADVERTISED SEALED BID, PRIVATE NEGOTIATED SALE, OR TRANSFER TO ANOTHER GOVERNMENTAL UNIT (90‑10‑8/R‑6)

 

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 surplus 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.

 

     One 1974 GMC Twin Coach, VIN 25828

     One 1974 GMC Twin Coach, VIN 25833

     One 1974 GMC Twin Coach, VIN 25834

 

2.   That the Purchasing Agent of the Town of Chapel Hill shall be and is hereby authorized to dispose of this surplus personal property by advertisement of sealed bids in accordance with the provisions of General Statute 160A‑268 and UMTA grant regulations.

 

3.   That the 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.

 

BE IT FURTHER RESOLVED that if any of the surplus property is not disposed of by sealed bid 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 8th day of October, 1990.

 

 

AN ORDINANCE TO AMEND A GRANT PROJECT ORDINANCE FOR TRANSIT PROJECT (90‑10‑8/0‑I)

 

BE IT ORDAINED by the Council of the Town of Chapel Hill that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following grant project ordinance is hereby adopted:

 

                           SECTION I

 

The project authorized is a Transit Capital and Planning Grant from FY 1986 federal funds, more specifically known as Urban Mass Transportation Administration Grant NC‑90‑X082, awarded under the Urban Mass Transportation Act of 1964, as amended. The project provides funds for transit capital purchases and planning activities.

 

                          SECTION II

 

The Manager of the Town of Chapel Hill is hereby directed to proceed with the implementation of the project within the terms of the grant agreement executed with the Urban Mass Transportation Administration and the North Carolina Department of Transportation and within the funds appropriated herein.

 

                          SECTION III

 

The following revenue is anticipated to be available to the Town to complete activities as outlined in the project application.

 

                         Existing

                          Amount       Amendment       Total

Urban Mass

 Transportation Admin.   $1,290,750     $112,987    $1,403,737

N.C. Department of

 Transportation             161,344       14,123       175,467

Town of Chapel Hill

 (local match)               53,541       14,123        67,664

Downtown Commission

 (match for trolleys)        30,000            0        30,000

University of North

 Carolina (lease

 value of Hwy. 54

 Park/Ride land)             77,800            0        77,800

 

                         $1,613,435     $141,233    $1,754,668

 

 

                          SECTION IV

 

The following amounts are appropriated for the project:

 

                         Existing      Amended

                          Amount       Amendment       Total

 

Transit Planning         $   76,880     $      0    $   76,880

Capital Equipment           698,755      141,233       839,988

Engineering and Design       60,000            0        60,000

Capital Improvements        700,000            0       700,000

Lease of Land                77,800            0        77,800

 

              TOTAL      $1,613,435     $141,233    $1,754,668

 

 

                           SECTION V

 

The Manager is directed to report annually on the financial status of the project in an informational section to be included in the Annual Report. He shall also keep the Council informed of any unusual occurrences.

 

                          SECTION VI

 

Copies of this project ordinance shall be entered into the Minutes of the Council and copies shall be filed within 5 days of adoption with the Manager, Finance Director and Town Clerk.

 

This the 8th day of October, 1990.

 

A RESOLUTION AWARDING A BID FOR A SPRINKLER SYSTEM AT THE CHAPEL HILL CEMETERY (90‑10‑8/R‑7)

 

WHEREAS, the Town of Chapel Hill has solicited formal bids by legal notice in The Chapel Hill Newspaper on June 27, 1990. No bids were received on the deadline date of July 12, 1990. The legal notice was published again on July 18, 1990. Two bids were received and opened on July 31, 1990, as follows:

 

Vendor                                Price

 

Turf Service, Inc.                    $41,800

     Greensboro

 

Redmill Landscape & Nursery           65,000

     Durham

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town in accordance with G,S. 143‑129, accepts the bid of Turf Service, Inc. in the amount of $41,800.for a sprinkler system at the Chapel Hill Cemetery.

 

This the 8th day of October, 1990.

 

 

A RESOLUTION AUTHORIZING EXECUTION OF ANNUAL CONTRIBUTIONS CONTRACT (90‑10‑8/R‑8)

 

WHEREAS, pursuant to the provisions of the United States Housing Act of 1937, the Department of Housing and Urban Development (HUD provides financial assistance to public housing agencies; and

 

WHEREAS, the Town of Chapel Hill (PHA) proposes to enter into an Annual Contributions Contract or Amendment thereto (Contract) with HUD in order to receive such assistance;

 

NOW, THEREFORE, BE IT RESOLVED by the PHA as follows:

 

                        The Contract, number Contract No. A-3963, Amendment No. 9 (delete if not applicable), is hereby approved and accepted both as to form and substance and the Chairman or Vice Chairman is hereby authorized and directed to execute said Contract in quadruplicate on behalf of the PHA, and the Secretary is hereby authorized and directed to impress and attest the official seal of the PHA, on each counterpart and to forward executed counterparts thereof to the Government together with such other documents evidencing the approval and authorizing the execution thereof as may be required by the Government.

 

 

                                                                                                RECORDING OFFICER'S CERTIFICATION

 

I, Pete Richardson, the duly appointed, qualified, and acting Secretary of the Town of Chapel Hill do hereby certify that the above Resolution No.____ was properly adopted at a regular or special meeting properly held on October 8, 1990.

 

In testimony whereof, I have hereunto set my hand and the seal of the Town of Chapel Hill, this 8th day of October, 1990.

 

 

 

(SEAL)

 

 

                                                                                                                        ___________________________________

                                                                                                                                                   (Signature)

 

 

A RESOLUTION AUTHORIZING EXECUTION OF ANNUAL CONTRIBUTIONS CONTRACT

(90-10-8/R-9)

 

WHEREAS, pursuant to the provisions of the United States Housing Act of 1937, the Department of Housing and Urban Development (HUD provides financial assistance to public housing agencies; and

 

WHEREAS, the Town of Chapel Hill (PHA) proposes to enter into an Annual Contributions Contract or Amendment thereto (Contract) with HUD in order to receive such assistance;

 

NOW, THEREFORE, BE IT RESOLVED by the PHA as follows:

 

                        The Contract, number Contract No. A-3963, Amendment No. 8 (delete if not applicable), is hereby approved and accepted both as to form and substance and the Chairman or Vice Chairman is hereby authorized and directed to execute said Contract in quadruplicate on behalf of the PHA, and the Secretary is hereby authorized and directed to impress and attest the official seal of the PHA, on each counterpart and to forward executed counterparts thereof to the Government together with such other documents evidencing the approval and authorizing the execution thereof as may be required by the Government.

 

 

                                                                                                RECORDING OFFICER'S CERTIFICATION

 

I, Pete Richardson, the duly appointed, qualified, and acting Secretary of the Town of Chapel Hill do hereby certify that the above Resolution No.____ was properly adopted at a regular or special meeting properly held on October 8, 1990.

 

In testimony whereof, I have hereunto set my hand and the seal of the Town of Chapel Hill, this 8th day of October, 1990.

 

 

 

(SEAL)

 

 

                                                                                                                        ___________________________________

                                                                                                                                                   (Signature)

 

 

A RESOLUTION ADOPTING AN ASSESSMENT RESOLUTION FOR PAVING A PORTION OF DIXIE DRIVE (90‑10‑8/R‑10)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby directs the Town Manager to undertake the paving of a portion of Dixie Drive (west of Collums Road) with related improvements including grading, paving, storm drainage, and other improvements as described in the preliminary resolution adopted by the Council on July 9, 1990.

 

BE IT FURTHER RESOLVED by the Council 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 costs of the improvements, on a pro‑rata front footage basis, as requested in the valid petition received by the Council on July 26, 1989.

 

2.                     Fifty 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 property.

 

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 (2) in not more than 10 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 8th day of October, 1990.

 

 

Town Engineer George Small reviewed the phases of the Fordham Boulevard landscaping project. He noted that Town staff was currently discussing landscaping options for Fordham Boulevard. Mr. Small stated that Phase I would start in spring, 1991 and be completed by the fall, at an estimated cost of $70,000 to $75,000. He said that the Town would need to accept responsibility for maintenance of the landscaping and sound wall.

 

Council Member Brown expressed environmental and aesthetic concerns about the proposed landscaping plan.  She noted that ground covers other than grass did not require as much maintenance.  Council Member Brown suggested getting civic organizations such as garden clubs involved in adopt-a-shoulder or median programs.  Mr. Small said these were excellent suggestions for further exploration. Mayor Howes noted that Botanical Gardens volunteers were currently maintaining wildlife plantings. Council Member Brown stressed the cost savings possibly achieved by the use of volunteers.

 

Botanical Gardens curator Peter White said that he was pleased with the design of the proposed sound wall. Council Member Andresen inquired how the $70,000 would be expended. Mr. Small responded that these funds were for the purchase of additional landscaping and larger plants. Council Member Andresen expressed her support for Council Member Brown's suggestion concerning an adopt‑a-­highway shoulder program. Council Member Wallace similarly expressed his concurrence with this suggestion.

 

Council Member Wilkerson inquired whether the proposed project was linked to the Eastowne landscaping project. Mr. Small said that the projects were completely separate. Council Member Wilkerson inquired where personnel and equipment would be used for landscaping. Mr. Heflin responded that these resources would be used for the pilot project and the first phase of the Fordham Boulevard landscaping project. Council Member Wilkerson stated he had understood that initial entranceway improvement costs had been estimated at $40,000. Council Member Wilkerson inquired how about additional outlay requirements for the landscaping project. Mr. Heflin responded that there would be no need for additional resources beyond current levels.

 

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

 

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE A MAINTENANCE AGREEMENT WITH THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION FOR TOWN MAINTENANCE OF A NOISE WALL ALONG FORDHAM BOULEVARD ADJACENT TO THE NORTH CAROLINA BOTANICAL GARDEN AND TOWN MAINTENANCE OF LANDSCAPING MATERIALS ALONG THE FORDHAM BOULEVARD IMPROVEMENT PROJECT WITHIN THE TOWN LIMITS (90‑10‑8/R‑5)

 

WHEREAS, the N.C. Department of Transportation has plans to make certain improvements to US 15‑501 Bypass from East of SR 1911 to Franklin Street Interchange in Chapel Hill; and

 

WHEREAS, the Town of Chapel Hill desires to enhance the landscaping in the medians, at the interchanges, and along the perimeter of the Fordham Boulevard Improvement Project now under construction in Chapel Hill; and

 

WHEREAS, the Town has developed supplemental landscaping plans to beautify the project and to provide buffer between the roadway and adjacent improvements; and

 

WHEREAS, the North Carolina Department of Transportation has agreed to include extra landscaping and the construction of a noise wall as part of the project; and

 

WHEREAS, the Town of Chapel Hill agrees to be responsible for all maintenance of the noise wall and landscaping within the Town limits upon completion of the project by the North Carolina Department of Transportation;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council herewith authorizes the Town Manager to execute a maintenance agreement (U‑2003B, Orange County) with the North Carolina Department of Transportation for Town maintenance of a noise wall along Fordham Boulevard adjacent to the North Carolina Botanical Garden and Town maintenance of landscaping materials along the Fordham Boulevard Improvement project within the Town limits.

 

This the 8th day of October, 1990.

 

COUNCIL MEMBER WALLACE MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO ADJOURN THE COUNCIL MEETING. THE MOTION WAS ADOPTED UNANIMOUSLY (7‑0).

 

The meeting stood adjourned at 10:09 p.m.