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

OF CHAPEL HILL, NORTH CAROLINA, WEDNESDAY, MARCH 11, 1992

Mayor Broun called the meeting to order. Council Members in attendance were Julie Andresen, Joyce Brown, Joe Capowski, Mark Chilton, Joe Herzenberg, Alan Rimer, Arthur Werner and Roosevelt Wilkerson, Jr. 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, Public Works Director Bruce Heflin and Town Attorney Ralph Karpinos.

There were no ceremonies or hearings.

Item 3 Petitions

Clyde Holt, speaking on behalf of the Triangle Sports Authority, noted that the Triangle Central Park building project would commence shortly. Mr. Holt said the facility would cost about $14 million and would be constructed on approximately eighty-five acres of land near the Wake/Durham county line. He stated that a 7,500 seat baseball facility and a 6,000 seat soccer facility, possibly serving as a World Cup site, were planned as part of the project. Mr. Holt said that all municipalities and elected officials in the area were encouraged to participate in sports authority planning process. He noted that the authority was needed since no single municipality or county could handle all costs of the project.

Council Member Capowski inquired about the status of the facility's construction and fund raising. Mr. Holt said that bids to determine construction costs for the facility would be opened on March 17th. He stated that the authority currently had $6 million in hand for the project. Council Member Capowski inquired about the proposed source of funding for the balance of the project. Mr. Holt said that these funds would come from Wake County's prepared meals tax and/or general revenues from area local governments.

Billy Trott, a member of the Triangle Central Park Sports Authority, noted that there was currently an acute shortage of soccer facilities in Wake, Orange and Durham counties. Mr. Trott said the proposed facility was expandable up to 20,000 seats. He also stated that UNC women's soccer team coach Anson Dorrance supported the siting of a soccer stadium in the Triangle Central Park. Mr. Trott said the facility could possibly serve as a permanent home for the Atlantic Coast Conference's men's and women's soccer tournaments. He stated that the proposed facility was accessible to both Orange and Durham counties. Mr. Trott distributed editorials from area newspapers supporting the proposed Triangle Central Park facility. Council Member Herzenberg inquired about the number of seats on the authority's board. Mr. Trott said Wake County and the City of Raleigh had three seats each on the board, while the Town of Cary has one. Mr. Trott stated that the number of seats was subject to change and negotiation by local governments in the future.

Council Member Herzenberg requested a report to the Council on the status of the fire-damaged Hector's Restaurant building on East Franklin Street. Council Member Herzenberg also requested additional information from Town Attorney Karpinos concerning the possible regulation of firearms by the Town. He noted that the carrying of firearms was currently prohibited in a number of areas of the Town. Council Member Herzenberg requested that Mr. Karpinos provide a report to the Council on firearm regulations. Council Member Andresen said she was interested in reviewing Mr. Karpinos' earlier findings. Council Member Andresen said it was her recollection that the Town had relatively little flexibility concerning firearm regulation. Council Member Herzenberg noted that the carrying of weapons was currently prohibited on school grounds and in public parks. He wondered where else they might be prohibited.

Item 4a Appointment to OWASA Board of Directors

Council Member Andresen noted that a Mayor's Committee comprised of Council Members Chilton, Herzenberg and herself had extensively reviewed applications and interviewed a number of qualified applicants interested in filling a vacancy on the Orange Water and Sewer Authority Board of Directors. Council Member Andresen said that although the committee was recommending the appointment of one person, Eva Metzger, they could have easily recommended the appointment of at least four other very capable persons.

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO APPOINT EVA METZGER TO A TOWN-APPOINTED SEAT ON THE ORANGE WATER AND SEWER AUTHORITY BOARD OF DIRECTORS WITH A TERM EXPIRING JUNE 30, 1992. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Council Member Wilkerson requested a follow-up memorandum on other finalists for the vacancy. Council Member Andresen said she would provide this information to the Council. Council Member Capowski requested that the Manager forward a letter to all applicants, expressing the Council's appreciation for their interest in the board vacancy. Mayor Broun said he would be happy to forward such letters to the OWASA board applicants.

Item 4b Nominations to Cable Television Advisory Committee

Mr. Horton noted that there was a vacancy on the committee due to the recent resignation of Ms. Miriam Lewis. Council Member Rimer inquired whether non-Town residents could serve on the committee. Mayor Broun said this was legally permissible. Council Member Rimer noted that one of the applicants, Harvey Arnold, worked in television production on a daily basis. He noted that if it was not possible to nominate non-Town residents, there would be only one candidate to fill the vacancy. Council Member Rimer said his inclination was to place the names of all applicants into nomination. Council Member Andresen said she had no objection to appointing a non-Town resident to the committee.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO NOMINATE ALL APPLICANTS FOR APPOINTMENT CONSIDERATION AT THE COUNCIL'S MARCH 23RD REGULAR MEETING.

Council Member Herzenberg urged the Council to examine the Town Council Procedures Manual to clarify policies such as appointment of non-Town residents to boards, commissions and committees.

THE MOTION TO NOMINATE ALL APPLICANTS WAS ADOPTED UNANIMOUSLY

(9-0).

Item 5 North Street Subdivision, Phase IV

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG TO REOPEN THE PUBLIC HEARING ON THE MATTER, FOR RECEIPT OF THE MANAGER'S FOLLOW-UP REPORT. THE MOTION WAS ADOPTED UNANIMOUSLY

(9-0).

Mr. Horton requested that the memorandum dated March 11, 1992 from himself to the Mayor and Council be entered into the record of the hearing. Mayor Broun concurred with the request.

Planning Director Roger Waldon noted that the proposed subdivision had been discussed by the Council at two previous public hearings. He briefly reviewed key issues related to the application including steep slopes and vegetation, the provision of an access easement, the length of a proposed cul-de-sac and the proposed number of lots. Mr. Waldon stated that the staff recommended that the use of the easement remain a matter to be resolved by private individuals. He also said the staff recommended that the subdivision lots be reconfigured, reducing the total number from eleven to nine. Mr. Waldon said there were a number of steep slope and vegetation preservation trade-offs resulting from the location of homes and roads on the site. He stated that the Manager was recommending the adoption of resolution a.

Council Member Andresen noted that the area's steepness of terrain would make the location of roads and building sites challenging and would result in a large environmental impact. She inquired about the basis for the staff's recommendation to approve the proposed plan. Mr. Waldon said approval of the plan would require a number of tradeoffs concerning topography and roadway alignments. He noted that the recommended roadway alignment had been initially recommended by the Design Review Board. Council Member Andresen inquired about the scope of discussions with the applicant concerning the proposed sizes of lots. Mr. Waldon noted that flag lots were no longer proposed. He added that the proposed lots had been rearranged to meet minimum standards of the Town's Development Ordinance.

Council Member Andresen inquired whether staff always recommended approval of lots meeting minimum size requirements. Mr. Waldon said that development applications were addressed on their individual merits. He noted that construction of homes could occur in a reasonable manner on many lots with slopes greater than 25%. Council Member Andresen inquired about minimum lot sizes for the subdivision. Mr. Waldon said the minimum lot size in this area was 17,000 square feet. Council Member Andresen inquired whether there were other existing subdivision with similar lot sizes and topography. Mr. Waldon said he was unable to respond on this matter immediately. Council Member Herzenberg said the Glendale area had similar lot sizes and topography.

Council Member Capowski inquired whether a map was available depicting the proposed subdivision overlaid on a topographic map. He also inquired about the percentage of lots with slopes over 25% and the number of buildable lots if the Town had an ordinance in place regulating steep slope development. Mr. Waldon said that each lot in the subdivision had buildable area. Mr. Waldon said he had not performed an analysis of the proposal in the context of a proposed steep slopes ordinance.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADJOURN THE PUBLIC HEARING.

Gerry Barrett read a letter dated March 11, 1992 accepting the proposed conditions outlined in resolution 1a into the record of the hearing. A copy of Mr. Barrett's letter is on file in the Clerk's Office. Mr. Barrett distributed copies of a 1987 approved plat for North Street Subdivision, Phases 3 and 4. Mr. Barrett said if the Council desired, he would build the project as approved in the approved 1987 subdivision plan. He stated that project neighbors had endorsed this proposal at the time. Mayor Broun noted that the 1987 plan was for a five lot subdivision, with resubdivision of these lots possible. Council Member Andresen inquired whether Mr. Barrett was willing to construct a five-lot subdivision. Mr. Barrett said that minutes of the March 31, 1987 Council meeting appeared to indicate that the five lots could be further subdivided. Council Member Andresen said she favored fewer lots in the subdivision. Mr. Barrett read an extract from the March 31, 1987 minutes concerning Dr. Woodrow Burns remarks about the provision of an easement. Mayor Broun said the easement reference was somewhat unclear.

Council Member Werner asked whether it was correct that Mr. Barrett was not willing to abandon the easement. Mr. Barrett said this was correct. Council Member Werner noted that it would not be possible for the Council to approve the subdivision under the terms of the approved 1987 plan this evening. He said the three options before the Council this evening were to approve the staff or Planning Board recommendation or to recommend denial of the project. Mr. Barrett said he could resubmit the 1987 plan, if the Council found this approach agreeable. Mayor Broun said that if a new option were proposed, the Council could take this matter up at another meeting.

Council Member Rimer inquired whether the 1987 plan had been recorded. Mr. Barrett said that the plan had been recorded as a one-lot subdivision. Council Member Rimer inquired whether the Council could deny resubdivision of the five lots in the 1987 plan. Mr. Karpinos said Council approval would be required for any additional subdivision of lots to occur. Council Member Wilkerson said he heard conflicting reports concerning the legality of resubdivisions. Mr. Waldon said that a minimum lot size of 17,000 square feet was required in this part of the Town. He noted that Council consideration of future subdivision applications would be required. Mr. Horton noted that the Council could not unreasonably deny a subdivision request if development standards were met. Council Member Andresen said she favored sending the subdivision proposal back for further examination, with redrawn lot lines. Council Member Wilkerson said that several pieces of new information and matters of uncertainty had been presented to the Council this evening.

COUNCIL MEMBER WILKERSON MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO RECESS THE PUBLIC HEARING TO A DATE AND TIME TO BE DETERMINED.

Council Member Brown inquired about the effect of closing the hearing on the proposed new (1987) plan. Mr. Horton said the proposed revision was a significant one which might take several months to review. Council Member Herzenberg requested that the staff and advisory boards and commissions review the matter of the access easement. Council Member Werner suggested that the Council make clear to the applicant the type of applications it would and would not consider approving. He noted that the matter of the access easement was a key issue. Council Member Rimer said he concurred with Council Member Werner's observations. He expressed concern that Mr. Barrett's proposal to reduce the number of lots from eleven to five was disingenuous at this point in the review process.

Mr. Barrett said he was trying to make the point that neighbors of the project had found the 1987 plan to be acceptable at that time. Council Member Andresen said she appreciated Mr. Barrett's suggestion. Council Member Andresen said she wanted to see the proposal come back with five lots. Council Member Capowski thanked Mr. Barrett for his revised proposal. Council Member Herzenberg requested additional information concerning remarks made concerning the access easement and number of lots made at the March 31, 1987 public hearing on the North Street Subdivision, Phase Four.

Mayor Broun said he concurred with Council Member Andresen that a five or six lot subdivision which would not be further subdivided was preferable. Mayor Broun said the Council had the right to place limits on an access easement to the subdivision. Council Member Chilton said the Council had an obligation to become involved in the easement issue due to the biological and historical significance of the subject property. Council Member Brown echoed Mayor Broun's and Council Member Chilton's comments on the easement matter. She noted that potential future problems for the immediate neighbors as well as the whole neighborhood were significant. Mr. Horton requested that the Council consider stipulating referral to the Manager and Attorney when closing the hearing. The motioner and seconder agreed to the stipulation.

THE MOTION TO CLOSE THE PUBLIC HEARING TO A DATE TO BE DETERMINED AND REFER THE MATTER TO THE MANAGER AND ATTORNEY WAS ADOPTED UNANIMOUSLY (9-0).

Item 6 Annexation Ordinances

Mr. Horton said the ordinances before the Council would effectuate the annexation of Southbridge subdivision, Phases 3 and 4, and Phase 2 of Chandler's Green subdivision, effective June 30, 1992. He noted that no issues had been raised about these two proposed annexations at the public hearing. Mr. Horton said additional information on the proposed annexation of the Culbreth Park and Morgan Run subdivisions would be presented to the Council at a later time.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER WILKERSON, TO ADOPT ORDINANCE 1. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE TOWN OF CHAPEL HILL, UNDER THE AUTHORITY GRANTED BY PART 3, ARTICLE 4A, CHAPTER 160A OF THE GENERAL STATUTES OF NORTH CAROLINA (92-3-11/O-1)

WHEREAS, all of the prerequisites to adoption of this ordinance prescribed in Part 3, Article 4A, Chapter 160A of the General Statutes of North Carolina, have been met; and

WHEREAS, the Council of the Town of Chapel Hill has taken into full consideration the statements presented at the public hearing held on the 17th day of February, 1992, on the question of this annexation; and

WHEREAS, the Council of the Town of Chapel Hill has concluded and hereby declares that annexation of the area described herein is necessary to the orderly growth and development of the Town of Chapel Hill;

NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:

SECTION I

From and after 11:59 p.m. of the 30th day of June, 1992, the effective date of this annexation, the following territory shall be annexed to and become a part of the Town of Chapel Hill, and the corporate limits of the Town of Chapel Hill shall on said 30th day of June, 1992, be extended to include said territory more particularly described by metes and bounds as follows:

BEGINNING at a point at the Southeastern most corner of Lot 1, Tax Map 122C,and also being the same southwest most corner of Lot 51 (Plat Book(PB) 45 Page(Pg) 194, Southbridge Phase 3A, and proceeding Westwardly with the right-of-way(R/W) of Culbreth Drive approximately 299.3 feet, crossing Adams Way R/W to the Southwest corner of Lot 17, Tax Map 122C, and also being the southwest corner of Lot 113 (PB 45 Pg 194); thence leaving said R/W of Culbreth Drive and proceeding Westward along the Southern lines of Lots 65 thru 71, Tax Map 122C,and also being Lots 114 thru 120 (PB 57 Pg 2 Southbridge Phase(Ph) 4) approximately 795.8 feet to the Southwest corner of said Lot 71; thence running Northward along the Western line of Lots 71,42, and 72 thru 74 and crossing the R/W of Westbury Drive, approximately 486.9 feet; thence turning to the Northeast along the Western lines of Lots 74 thru 77; Lots 33 thru 29; and Lot 40, Tax Map 122C, and also being Lots 120 thru 128 (PB 57 Pg 2 Southbridge Ph. 4), Lots 101 thru 97 and a Recreational Area (PB 48 Pg 52 Southbridge Ph 3-B) approximately 592.7 feet to a point intersecting with Morgan Creek and the existing Chapel Hill corporate limit line; thence proceeding down Morgan Creek and following said corporate limit line Northeastwardly approximately 638.8 feet to the Southern R/W margin of N.C. HWY 54 as shown in Deed Book(DB) 180 Pg 379 and in NCDOT HWY Book 2 Page 25; thence proceeding across the R/W of N.C. 54 along the current corporate limit line as recorded in NCDOT HWY Book 2 Page 25 approximately 200.0 feet to the Northern margin of said R/W; thence proceeding in a Southeastern direction approximately 1025 feet along the Northern margin of said R/W following the current corporate limits line to a point, said point being the southern most corner of Lot 17A Block B Tax Map 90 and also the beginning point as recorded in DB 338 Pg 501; thence Westward with the current corporate limits across said R/W to its Southern margin at the Northwest corner of Lot 7, Block B, Tax Map 122, also recorded in DB 174 Pg 53; thence Westward along and with the common property line of Lot 6 and Lot 7 Tax Map 122 Block B approximately 150 feet to a turn in the line; thence Southward, continuing along the aforementioned common property line approximately 150 feet, to the intersection with Morgan Creek and the Northeast corner of Lot 22, Block B, Tax Map 122A, also being the lot labeled as "Open Space" on PB 39 Pg 120 Southbridge Ph II; thence Westward with Morgan Creek approximately 580 feet along the Northern line of said Lot 22 following the current corporate limits line to the northwestern most corner of said Lot 22 and also being the northern most common corner with Southbridge Phase 3-B (PB 48 Pg 52); thence following the current corporate limits line along the Eastern lines of Lots 40, 22, 21, 19, 39, 41,and 8 thru 1, and crossing the R/W of Westbury Drive approximately 1701.3 feet to the northern margin of Culbreth Drive and also being the common property line between Southbridge Phase II with Southbridge Phases 3-A and 3-B; to the point of BEGINNING.

SECTION II

The Council of the Town of Chapel Hill does hereby specifically find and declare that the above described territory meets the requirements of G.S. 160A-48, in that:

1. The area is contiguous to the Town of Chapel Hill.

2. Over one-eighth (12.5 percent) of the aggregate external boundary of the area under consideration coincides with the existing Town of Chapel Hill boundaries. About 65% of the annexation area boundary is contiguous with the present Town of Chapel Hill boundaries.

3. None of the area is within the boundary of an incorporated municipality.

4. The proposed boundaries of the area under consideration follow topographic features (creeks), streets, property lines, and the existing Corporate Limits of Chapel Hill.

5. With a population density of 1.5 persons/acre, with 88% of the total acreage divided into lots five acres or less, and with 97% of the total lots one acre or less in size, Area 1 meets the criterion in G.S. 160A-48(c)(2).

SECTION III

It is the purpose and intent of the Town of Chapel Hill to provide services to the area being annexed under this ordinance, as set forth in the report of plans for services approved by the Council of the Town of Chapel Hill on the 14th day of January, 1992, and filed in the office of the Clerk for public inspection.

Such services will include:

1. Refuse collection as described in said report.

2. Maintenance and repair of any publicly-maintained streets or streets that are built or improved to Town of Chapel Hill standards for acceptance into the Town-maintained street system, and other street maintenance services as described in the report.

3. Police protection including periodic patrols, crime prevention investigation of crimes, enforcement of ordinances and statutes and other police services as described in the report.

4. Fire protection, including suppression, preventive inspections, and code enforcement as described in the report.

5. Extension of water and sewer lines under financing policies of the Orange Water and Sewer Authority (OWASA), as described in the report.

6. Parks and recreation, library, housing and construction code enforcement, zoning and planning, public transportation and other services as described more fully in the report.

SECTION IV

The Council of the Town of Chapel Hill does hereby specifically find and declare that, on the effective date of annexation prescribed in Section 1 hereof, public water trunk lines and sewer outfall lines are already extended into the annexation area, and no requests for water and sewer extensions, in the annexation area have been received under G.S. 160A-47, so that no additional extensions of water or sewer extensions are necessary under G.S. 160A-47. Property owners may have public water and sewer lines extended within the annexation area in accord with extension and financing policies of the Orange Water and Sewer Authority (OWASA) which apply in all of the Town of Chapel Hill.

SECTION V

From and after the effective date of this annexation, the territory annexed and its citizens and property shall be subject to all debts, laws, ordinances and regulations in force in the Town of Chapel Hill, and shall be entitled to the same privileges and benefits as other parts of the Town of Chapel Hill.

SECTION VI

The newly annexed territory described hereinabove shall be subject to the Town of Chapel Hill taxes according to G.S. 160A-58.10.

SECTION VII

The Mayor of the Town of Chapel Hill shall cause an accurate map of the annexed territory described in Section 1 hereof, together with a duly certified copy of this ordinance, to be recorded in the Office of the Register of Deeds of Orange County, and in the Office of the Secretary of Sate in Raleigh. Such a map shall also be delivered to the Orange County Board of Elections as required by G.S. 163-288.1.

This is the 11th day of March, 1992.

COUNCIL MEMBER WILKERSON MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO ADOPT ORDINANCE 2. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE TOWN OF CHAPEL HILL, UNDER THE AUTHORITY GRANTED BY PART 3, ARTICLE 4A, CHAPTER 160A OF THE GENERAL STATUTES OF NORTH CAROLINA (92-3-11/O-2)

WHEREAS, all of the prerequisites to adoption of this ordinance prescribed in Part 3, Article 4A, Chapter 160A of the General Statutes of North Carolina, have been met; and

NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:

SECTION I

from and after 11:59 p.m. of the 30th day of June, 1992, the effective date of this annexation, the following territory shall be annexed to and become a part of the Town of Chapel Hill, and the corporate limits of the Town of Chapel Hill shall on said 30th day of June, 1992, be extended to include said territory more particularly described by metes and bounds as follows:

BEGINNING at a point on the Southwestern most corner of Lot 3, Tax Map 138A; also said point being labeled as "Control Corner" of Lot 47 as recorded in Plat Book(PB) 53 Page(Pg) 64 Orange County Registrar's Office; thence proceeding Northward along the Western lines of said Lots 3 thru 5, Tax Map 138A (Lots 47-49 PB 53 Pg 64 Chandler's Green Section 2), approximately 616.9 feet to the Northwest corner of said Lot 5, said corner being on the Southern margin of the Interstate HWY 40 right-of-way (R/W); thence proceeding Southeastward with the Southern margin of said R/W and with the Northern lines of Lots 5 thru 18, Tax Map 138A (lots 49 thru 62 PB 53 Pg 64), approximately 1811.3 feet to the Northeast corner of said Lot 18; thence proceeding Southward and crossing the R/W of Sweeten Creek Road and along the Eastern line of said Lots 18 and 19 approximately 356.1 feet the Southeastern corner of said Lot 19; thence proceeding West/Southwest along the Southern line of Lot 19 , Tax Map 138A, approximately 212.7 feet to the Southeastern most corner of said Lot 19; thence turning South/Southwest with the Southeastern line of Lot 22 approximately 125.8 feet to the Southern most corner of Lot 22; thence running Westward along the Southern line of Lots 22 and 23, Tax Map 138A, approximately 291.2 feet to a point on the current corporate limits line of the Town of Chapel Hill; thence proceeding Northwestward and with said corporate limits line along the Southwest lines of Lots 23, 31 and 32, Tax Map 138A (lots 67, 75 and 76 PB 53 Pg 64), approximately 647.5 feet to the Southwest corner of Lot 32; thence proceeding Northeastward along the said current corporate limits line and along the Western lines of said Lots 32 and 33, Tax Map 138A, approximately 249.5 feet to the Northwest corner of Lot 33; thence, following the current corporate limits line, proceeding Northwestward along the Southwestern lines of Lots 37 and 1 thru 3, Tax Map 138A, and crossing Sweeten Creek Road R/W approximately 630.2 feet to the Southwest corner of said Lot 3, said corner being the point of BEGINNING, and being all of Chandlers Green Section 2 as recorded in PB 53 Pg 64.

SECTION II

The Council of the Town of Chapel Hill does hereby specifically find and declare that the above described territory meets the requirements of G.S. 160A-48, in that:

1. The area is contiguous to the Town of Chapel Hill.

2. Over one-eighth (12.5 percent) of the aggregate external boundary of the area under consideration coincides with the existing Town of Chapel Hill boundaries. About 14% of the annexation area boundary is contiguous with the present Town of Chapel Hill boundaries

3. None of the area is within the boundary of an incorporated municipality.

4. The proposed boundaries of the area under consideration follow property lines, streets (I-40), and the existing corporate limits of Chapel Hill.

5. With a population density of 1.0 persons/acre, with 100% of the total acreage divided into lots five acres or less, and with 97.3% of the total lots one acre or less in size, Area 3 meets the criterion in G.S. 160A-48(c)(2).

SECTION III

Such services will include:

1. Refuse collection as described in said report.

3. Police protection including periodic patrols, crime prevention investigation of crimes, enforcement of ordinances and statutes and other police services as described in the report.

4. Fire protection, including suppression, preventive inspections, and code enforcement as described in the report.

5. Extension of water and sewer lines under financing policies of the Orange Water and Sewer Authority (OWASA), as described in the report.

6. Parks and recreation, library, housing and construction code enforcement, zoning and planning, public transportation and other services as described more fully in the report.

SECTION IV

SECTION V

SECTION VI

The newly annexed territory described hereinabove shall be subject to the Town of Chapel Hill taxes according to G.S. 160A-58.10.

SECTION VII

This is the 11th day of March, 1992.

Council Member Andresen inquired when the proposed Culbreth Park annexation matter would return for Council consideration. Mr. Horton said he anticipated this item would be presented in late April or May.

Item 7 Matters by Council Members

Durham Bulls Resolution of Support

Council Member Werner said the resolution before the Council supported efforts to retain the Bulls baseball team in Durham. Council Member Werner noted that he and Council Member Brown served on the Durham-Chapel Hill Working Group. He said that a Durham City Council Member had solicited the Town's support in retaining the Bulls in Durham.

Clyde Holt extended an invitation for the Mayor and Council to participate in the regional sports authority. Mr. Holt noted that bids for the proposed Triangle Central Park would be opened on March 17th. He said that annual rental revenues of $500,000 were anticipated from the facility's baseball operator. Mr. Holt stated that soccer activities did not produce revenues necessary to construct the proposed facility. He said that the existing Durham Athletic Park could not be expanded to Triple A baseball facility. Mr. Holt said construction of the 7,500 baseball seat facility would begin in the near future, with possible expansion to 15,000 seats in the future.

Council Member Werner noted that the Council had been approached by Mr. Jim Goodmon several years ago, requesting support to move the Durham Bulls baseball franchise to a facility on the Wake/Durham County line. Council Member Werner said moving a valuable asset (the Bulls baseball team) from a poorer downtown urban area to a wealthy suburban area belied the concept of Triangle regionalism. Council Member Werner said he knew a large number of Town residents who had been loyal Bulls fans over the years. He stated that many of these people were outraged by the proposal to move the team from downtown Durham to the Research Triangle Park. Council Member Werner said it was in the Town's interest to maintain a viable Durham.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT RESOLUTION 2.

Council Member Brown said that not only Chapel Hill but much of Orange County had a special relationship with the Durham Bulls. Council Member Brown said she supported the proposed resolution. Council Member Andresen emphasized the important of local institutions to individual communities. Council Member Andresen said she was glad to support the resolution. Council Member Capowski said although he loved baseball and cozy stadiums such as Fenway and Durham Athletic Parks, he feared possible damage to intergovernmental relationships by adopting the proposed resolution. Council Member Werner said that maintaining the status quo would also be quite dangerous. Council Member Herzenberg said the proposed resolution did not do justice to the matter under consideration. He suggested that additional prose would have been fitting. Council Member Herzenberg also expressed concern about the timeliness of the resolution. He noted that Wake County and City of Raleigh officials were scheduled to meet on March 12th. Council Member Herzenberg noted that the Town's intervention in the matter might possibly do more harm than good. He suggested that the Council consider postponing adoption of the resolution until its next regular meeting on March 23rd. Council Member Werner said the Town's feelings on the matter were well known. He urged the Council to take a stand on the matter.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER WILKERSON, TO TABLE THE MATTER UNTIL MARCH 23RD.

Council Member Andresen said postponing the matter would communicate the wrong message.

THE MOTION TO TABLE THE MATTER WAS PLACED ON THE FLOOR AND FAILED BY A VOTE OF 2-7, WITH COUNCIL MEMBERS HERZENBERG AND WILKERSON VOTING AYE.

Council Member Chilton noted that a former Town resident, Moonlight Graham, had once starred for the Bulls. Council Member Chilton said he concurred with the goal of keeping the Bulls in Durham Athletic Park. He expressed concern that many people had lost sight of the romance associated with baseball. Council Member Rimer said written remarks by Watts Hill, Jr. to the Council were very cogent in recognizing that the City of Durham had not done all it could have done to encourage the Bulls to remain in Durham. Council Member Rimer urged the Council not to lose sight of the need for regionalization efforts. He suggested that the Council support efforts to have a regional soccer facility.

Mayor Broun said the only two real baseball parks in his estimation were Durham Athletic Park and Wrigley Field. Council Member Wilkerson said that Watts Hill, Jr. had expressed cogent reasons for not being immersed in the issue. Council Member Wilkerson said he would vote against the resolution. Mayor Broun said he appreciated the input of the Triangle Sports Authority. He wished the authority well in its efforts concerning the construction of a soccer facility. Mayor Broun said he would support the resolution, since the Bulls were an important community asset for the Town and the City of Durham.

RESOLUTION 2 WAS PLACED ON THE FLOOR AND ADOPTED BY A VOTE OF 8-1, WITH COUNCIL MEMBER WILKERSON VOTING NO.

A RESOLUTION ENDORSING AND SUPPORTING THE EFFORTS OF THE CITY OF DURHAM TO MAINTAIN THE PRESENCE OF THE DURHAM BULLS IN DOWNTOWN DURHAM (92-3-11/R-2)

WHEREAS, the Town of Chapel Hill recognizes that our community is part of a region referred to as "the Triangle," and that this region is regarded as having a highly desirable quality of life; and

WHEREAS, The Town recognizes that this quality of life is enhanced by the cultural, political and historical diversity of Durham, Raleigh, Chapel Hill, Cary, and the other communities that together make up this region, and that the unique institutions of these communities serve to strengthen the region as a whole; and

WHEREAS, the promotion of sporting events is in the best interests of all the citizens that share this region because of the potential for revenue generation, national and international exposure, and the recreational outlet that such events provide;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council endorses and supports the Durham City Council in its commitment to keeping the Durham Bulls baseball team in downtown Durham, on the basis that this institution in its present location contributes to the diversity of the region and benefits all residents of the Triangle.

This the 11th day of March, 1992.

Naming of Town-owned Facilities

Council Member Herzenberg said the matter had first come before the Council on May 13, 1991. Council Member Herzenberg said that Council Member Rimer, Assistant to the Mayor Lisa Price, Assistant to the Manager Gregory Feller and himself had met on the issue of naming facilities on several occasions. Council Member Herzenberg said the proposed procedure was a flexible one which would encourage open participation. Council Member Herzenberg said he hoped the Council would adopt the proposed resolution.

Council Member Andresen said several aspects of the proposed resolution bothered her. Council Member Andresen said she did not see the need for another committee. She expressed concern that the committee could become very political. Council Member Werner inquired whether the purpose of establishing the committee was to name or rename facilities. Council Member Herzenberg said the work of the committee had been stimulated by citizen requests for naming facilities for persons. He noted that existing policies were inadequate. Council Member Herzenberg said he did not think there would be a spate of requests to name or rename facilities.

Council Member Andresen inquired whether the committee would present recommendations to the Council. Council Member Rimer said yes, noting that the committee would serve as a sieve for receiving input and communication. Council Member Andresen said that adoption of the resolution might encourage the naming of all Town-owned facilities. Council Member Herzenberg said the committee had not discussed this concern. He added that the committee did think it was a good idea to name public facilities. Council Member Chilton said he did not see any disadvantages to multiple requests for naming of Town-owned facilities. Council Member Andresen said there might be instances where two families believe that the same facility would best be named for their loved one. Council Member Herzenberg said the committee's role would be to isolate matters of this type from the Council. He said efforts would be made to resolve matters of this type informally. Council Member Rimer noted that the Council had asked the committee to filter things out and bring back recommendations.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 3. THE MOTION WAS ADOPTED BY A VOTE OF 8-1, WITH COUNCIL MEMBER ANDRESEN VOTING NO.

A RESOLUTION ADOPTING POLICIES FOR NAMING OF TOWN-OWNED PUBLIC FACILITIES (92-3-11/R-3)

WHEREAS, the naming of public facilities is one way in which the Town Council honors citizens and organizations who have served the community, and in which the Council expresses values and ideals of Chapel Hill; and

WHEREAS, the Town has several facilities and planned new facilities which the Council may consider naming; and

WHEREAS, the naming of Town facilities should include participation by citizens;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the following policy for naming of Town-owned public facilities:

I. Establishing a Standing Committee on Naming Facilities.

The Council will appoint a standing Naming Committee to make recommendations to the Council for naming Town facilities. The Committee will include two or more Council Members.

II. General procedures for receiving and considering proposals to name or rename Town facilities.

The following process will apply to naming and renaming Town facilities such as buildings, parks, greenways, bikeways, public plaza areas, nature trails, etc. and to arterial and collector streets as defined in the street classifications in the Chapel Hill Design Manual.

Separate procedures as authorized in Section III below apply to naming and renaming of residential streets (excluding collector and arterial streets) as classified in the Town's Design Manual.

A. Requests to name Town facilities

1. Citizens may formally petition the Committee or the Council in a regular business meeting to consider naming a facility or to consider a suggested name, or may make a suggestion by letter or informal contact.

2. An advisory board or commission may make suggestions to the Committee or the Council.

3. The Mayor or any Council Member may make suggestions.

4. A donor of property may request a specific name as part of offering a gift to the Town.

B. The Naming Committee's process for developing and submitting recommendations to the Council.

1. Requests for comments from Town boards and commissions and other interested parties. Before making preliminary recommendations, the Committee will seek ideas from appropriate Town boards and commissions, and other community organizations or citizens.

2. Inviting comments on preliminary recommendations. When the Committee develops preliminary recommendations for naming facilities, it will distribute news releases to the media, to relevant community organizations, and otherwise seek comments from citizens for at least one month. The Committee may publish paid notices of proposed facility names, and may or may not hold public forums.

3. Committee's recommendation to the Council. The Committee will submit recommendations for naming or renaming facilities to the Council for consideration at a regular business meeting. The Committee may also recommend deferring or not naming facilities.

The Committee will not except in unusual circumstances recommend names which would duplicate or be similar to names of other facilities, including streets.

The Committee's recommendations to the Council will include a summary of comments received from Town boards, community organizations and citizens, as well as copies of written comments.

C. Consideration by the Council

In addition to receiving the Naming Committee's and Town boards' recommendations, the Council will ordinarily receive brief comments from citizens at regular Council meetings, and may establish time limits in accord with the Council's customs and procedures.

Written comments from citizens, community organizations and boards and commissions are invited.

The intent of this policy is that the Council would not call a public hearing to receive comments except in unusual circumstances in which a large number of citizens desire to address the Council.

After a decision by the Council to name or rename a facility, the Manager shall be responsible for implementation in accord with the Council's guidance.

III. Policies for naming and renaming residential streets

A. New streets. In new developments, residential streets shall be named under current procedures normally involving developers' submittal of names for approval by the Manager, or, if applicable, in accord with conditions of a development permit. Unless otherwise directed by the Council, the Manager is authorized to name entrance streets or drives to Town facilities if appropriate as part of the development process.

B. Existing streets. To rename an existing publicly maintained residential street, a group of citizens may request the Town Manager to approve its renaming. Names shall not duplicate or be similar to names of existing streets or facilities. The Manager is hereby authorized to establish administrative procedures to carry out this policy.

Any determination or decision by the Manager may be appealed to the Town Council by a resident or owner of property abutting a street proposed to be renamed.

This the 11th day of March, 1992.

Proposed U.S. 15-501 Corridor Study

Council Member Werner said planning and coordination of development along the U.S. 15-501 corridor was a critical long-term matter.

He noted that the State Department of Transportation had agreed to perform a feasibility study of U.S. 15-501. Council Member Werner said a detailed study of existing and future development in view of existing and future zoning might help set limits on what could or should be built. He noted that the matter of funding of the study had not been addressed. Council Member Werner said the resolution before the Council was seeking approval of the concept of a study.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT RESOLUTION 4.

Council Member Brown noted that natural areas along the corridor would be examined as part of the study. Council Member Andresen said she was predisposed to support the resolution. She noted that the U.S. 15-501 corridor would be heavily impacted if a planned major retail project were constructed. Council Member Andresen inquired about the anticipated benefits of the study. Council Member Werner said the study might find that the corridor could not accommodate additional major projects. He noted that the City of Durham received numerous rezoning requests. Council Member Werner said the type of study may give stronger ammunition against inappropriate development requests. He added that the study would allow the Town to get a better handle on traffic and alternative transportation. Council Member Andresen noted that development along the U.S. 15-501 corridor could have major impacts on the Town.

THE MOTION TO ADOPT RESOLUTION 4 WAS PLACED ON THE FLOOR AND ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO ENTER INTO DISCUSSIONS WITH THE CITY OF DURHAM, N.C.D.O.T. AND OTHER INTERESTED PARTIES TO DEVELOP A SCOPE OF SERVICES AND PROJECT BUDGET FOR CONDUCTING A COMPREHENSIVE TRANSPORTATION STUDY ALONG THE U.S. 15‑501 CORRIDOR BETWEEN CHAPEL HILL AND DURHAM (92-3-11/R-4)

WHEREAS, U.S. 15‑501 provides an important means of commuting between Chapel Hill and Durham; and

WHEREAS, congestion along U.S. 15‑501 is anticipated to increase in the future due to anticipated development; and

WHEREAS, a comprehensive transportation analysis of this corridor would provide important information concerning the need for future transportation facilities in this corridor; and

WHEREAS, this analysis would also provide opportunities for promoting the development of alternative modes of transportation such as public transit, bicycle and pedestrian movement;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby directs the Town Manager to work with City of Durham, the North Carolina Department of Transportation and other interested parties to prepare a proposal containing a detailed scope of services, project budget and cost sharing scheme for a U.S. 15‑501 comprehensive transportation corridor study.

This the 11th day of March, 1992.

Establishment of Solid Waste Reduction Committee

Council Member Brown said the proposed committee would follow-up the efforts of the solid waste reduction task force, to inform and educate the public about solid waste matters. Council Member Brown noted that she and Council Members Andresen and Rimer had worked together on the resolution.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADOPT RESOLUTION 5.

Council Member Andresen said the proposed resolution was a good one that tried to carry out the objectives of the task force in specific ways. Council Member Werner suggested getting the Chamber of Commerce involved in recycling efforts by modifying point two in the resolution. Council Member Brown noted that efforts were being made to enlarge the involvement of the business community in solid waste education efforts. She said that the Chapel Hill-Durham Homebuilders Association had been involved in the activities of the Solid Waste Reduction Task Force. Council Member Brown noted the importance of getting the whole business community involved in solid waste reduction programs. Council Member Werner suggested that the Chamber of Commerce and Downtown Commission be added to point two of the proposed resolution. Council Members Andresen and Brown accepted the proposed friendly amendment.

RESOLUTION 5 WAS PLACED ON THE FLOOR AND ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ESTABLISHING A CHAPEL HILL COMMITTEE TO PROMOTE SOLID WASTE REDUCTION (92-3-11/R-5)

WHEREAS, the Mayor and Council appointed a Solid Waste Reduction Task Force in November, 1990, which submitted extensive recommendations to the Council in August, 1991 regarding short-and long-term actions including the need to promote waste reduction at the source; and

WHEREAS, solid waste reduction at the source is a critical objective of the Chapel Hill community as well as our county, state and nation;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that a committee be appointed to promote solid waste reduction at the source. Membership on this committee is to be open to the public, with those members of the Solid Waste Reduction Task Force who wish to continue to serve the community on such a committee automatically becoming members. Membership from all segments of our community shall be encouraged in order to widen the representation of membership of the committee.

The Committee shall have the following responsibilities:

1. To develop a dynamic and ongoing educational program about waste reduction at the source which includes all segments of the community.

2. To develop a program to work with local businesses, the Chamber of Commerce, and the Downtown Commission to increase awareness of products that produce the least amount of waste.

3. To develop a public information program to support expansion of existing efforts to promote composting of kitchen waste, grass, brush and leaves.

4. To develop a program to provide recognition awards for businesses that actively participate in waste reduction and recycling programs.

The Committee is to report its recommendations to the Chapel Hill Town Council on a periodic basis as it sees the need, and at least quarterly.

BE IT FURTHER RESOLVED that the Council will review the charge to the committee after six months.

This the 11th day of March, 1992.

Item 8 Places of Worship Development Ordinance Text Amendment

Mr. Horton briefly reviewed the proposed text amendment changes concerning places of worship. He noted that adoption of both ordinance changes was recommended.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT ORDINANCE 3. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

AN ORDINANCE AMENDING THE CHAPEL HILL DEVELOPMENT ORDINANCE REGARDING CHURCH REFERENCES AND CHURCH SIGNAGE (92-3-11/O-3)

WHEREAS, the Council of the Town of Chapel Hill has considered the proposed amendments to the Chapel Hill Development Ordinance to change references to churches and adjust provisions for church signage, and finds that the amendments would correct manifest errors and achieves the purposes of the Comprehensive Plan,

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

SECTION I

REMOVE Section 2.24, the current definition of Church.

SECTION II

ADD a new Section 2.92.1 to read as follows:

2.92.1 Place of Worship: A structure in which persons regularly assemble for religious worship and which is maintained and controlled by a religious body organized to sustain public worship.

SECTION III

REPLACE the word "Church" in Subsection 12.6.1 with the phrase "Place of Worship."

SECTION IV

REPLACE the word "Church" in Subsection 14.6.7 with the phrase "Place of Worship" (the word appears twice).

SECTION V

REPLACE the word "Church" in Section 12.3 with the phrase "Place of Worship" and relocate the entire line between "Hotel or Motel" and "Public Cultural Facility."

SECTION VI

ADD to subsection (e) of Section 14.13.8.1 the words "and that ground signs identifying places of worship may also provide information related to the place of worship and its activities on the zoning lot" so that the sentence reads:

The message of ground signs shall be limited to the name(s), trademarks and servicemark(s) of the establishment(s) located on the zoning lot and/or of a multi-use development located thereon, except that ground signs identifying theaters or service stations may also identify the current presentation(s) of fuel prices, as appropriate, and that ground signs identifying places of worship may also provide information related to the place of worship and its activities on the zoning lot.

SECTION VII

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

This the 11th day of March, 1992.

Item 9 Response to Groon Drainage Petition

Noting that Gerald Groon had presented a petition to the Council on January 14th, Mr. Horton said that Public Works Director Bruce Heflin would present a report to Council on this matter. Mr. Heflin said that Public Works crews had cleared an outfall in a drainage pipe adjacent to Mr. Groon's property, with some of this activity occurring outside the right-of-way. He stated that despite a number of telephone calls, letters and meetings on the site and elsewhere on Mr. Groon's concerns, no resolution had been reached to date. Mr. Heflin said that stabilization efforts had not been completed, since Mr. Groon had requested that Public Works staff not enter his property. He said closure of the drainage pipe was not recommended. Mr. Heflin said it would be possible to reroute the existing pipe at Mr. Groon's expense. He also noted that the Town was willing to restore property off the right-of-way which had been previously disturbed.

Gerald Groon outlined his concerns about the drainage situation and site disturbance on his property by Town Public Works staff. Mr. Groon said he felt the solution proposed by Public Works staff was unfair. Mr. Groon said he wished to correct some misstatements made by Town staff. He said that Mr. Heflin had initially rejected a request to restore an area on Mr. Groon's property disturbed by a backhoe. Mr. Groon said he had installed a no trespassing sign. He stated that the drainage pipe abutting his property was not working properly. Mr. Groon said that an engineering colleague had examined the situation and found that no rock channels were present and there were no cracks or crevices in the existing drainage pipe. Mr. Groon stated that since the pipe had been installed fifteen to eighteen years ago, he had no way of knowing the location of the drainage piping. Mr. Groon said he believed that sedimentary runoff from landscaping activity on the property across the street had stopped up the alternate drainage pipe. Mr. Groon stated that he was trying to stabilize the fill on his lot. Mr. Groon added that if he had known there was a storm sewer pipe on the property, he might not have purchased the property or negotiated the price downward. Mr. Groon said he did not have funds to provide public conveniences. He requested that the Council provide a viable alternative to the proposed resolution.

Council Member Andresen inquired about discussions with the Groons on this matter. Mr. Horton said that there had been a number of contacts. He added that the staff was willing to have further discussions on the matter. Council Member Andresen inquired whether an agreement to resolve the situation was pending. Mr. Horton stated that the staff needed Mr. Groon's permission to enter his property. Council Member Herzenberg urged the staff to be more diplomatic handling matters of this type. Council Member Rimer said Council Member Andresen had asked the appropriate questions to focus the matter. Mr. Groon said that his son had met with Mr. Karpinos and Mr. Heflin, but had received inadequate responses to his concerns. He expressed concern that the Public Works Department had been unwilling to resolve the situation.

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 6.

Council Member Chilton inquired whether Mr. Groon was saying it was the Town's responsibility to be aware of the storm sewer line's location. Mr. Groon said the line should have been uncovered so it could be visually apparent. He said it appeared that the pipe had been covered for a period of about twenty years. Council Member Chilton inquired how property purchasers could find out about items such as the location of sewer and drainage lines. Mr. Horton said that in many cases information was available from town or county records. He added that it was not unusual for potential property owners to make inquiries to the Town's Engineering or Public Works Departments. Mr. Horton said it was entirely possible for some pipes to become overgrown or unrecognizable.

THE MOTION WAS PLACED ON THE FLOOR AND ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO OFFER CERTAIN SERVICES TO MR. GERALD GROON AND MS. MARCELLA GROON RELATIVE TO THEIR PETITION TO THE COUNCIL OF JANUARY 14, 1992 (92-3-11/R-6)

WHEREAS, it is in the Town's interests to maintain the storm drainage pipe which opens onto a lot owned by Mr. and Mrs. Groon; and

WHEREAS, in performing routine maintenance on that pipe Town forces inadvertently disturbed property owned by Mr. and Mrs. Groon; and

WHEREAS, Mr. and Mrs. Groon may wish to develop said lot, and may need to install a drainage line through the lot which will convey the stormwater from the pipe in the Town right-of-way across their property;

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

1. Upon completion of an agreement between Mr. and Mrs. Groon and the Town, Town forces will stabilize the ground around the opening of the pipe at Town expense, including that area which lies on the Groons' property.

2. Town staff will work with Mr. and Mrs. Groon and/or a design professional of their choosing to select a route for a storm drainage line through their lot which would convey stormwater runoff, but would permit construction of a house on the lot.

This the 11th day of March, 1992.

Item 10 Federal Intermodal Surface Transportation Act

Transportation Planner David Bonk presented an overview of the act and its possible impact on the Town's roadway, bicycle and pedestrian projects. He noted that there were still a number of unanswered questions about the act. Mr. Bonk said local planning staffs were preparing a briefing for the Transportation Advisory Committee. He stated that the materials before the Council this evening included a summary of the act's provisions.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER WILKERSON, TO ADOPT RESOLUTION 7. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION REQUESTING THAT THE DURHAM URBAN AREA TRANSPORTATION ADVISORY COMMITTEE DEVELOP GUIDELINES FOR IMPLEMENTING THE PROVISIONS OF THE FEDERAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1992 (92-3-11/R-7)

WHEREAS, the Surface Transportation Efficiency Act of 1992 included increased funding for transportation projects; and

WHEREAS, the Act included provisions for designating urban areas with populations greater than 200,000 as Transportation Management Areas; and

WHEREAS, the Act grants greater decision‑making responsibilities to the Transportation Advisory Committees of these large urban areas; and

WHEREAS, the Durham Urban Area has been designated a large urban area;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby requests that the Durham Urban Area Transportation Advisory Committee develop guidelines for implementing the provisions of the Surface Transportation Efficiency Act of 1992 in coordination with Urban Area local governments.

This the 11th day of March, 1992.

Item 11 Consent Agenda

Council Member Wilkerson requested removal of items f and k from the consent agenda.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT THE BALANCE OF THE CONSENT AGENDA (ITEMS A-E AND G THROUGH J). THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION APPROVING VARIOUS RESOLUTIONS AND ORDINANCES

(92-3-11/R-8)

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

a. Minutes of February 10, 17 and 24, 1992.

b. Scheduling quarterly planning and reporting session on April 6 (R-9).

c. Proposed amendments to 1991-92 public housing budgets

(R-10, 11, and 12).

d. Proposed submittal of HUD of 1992-93 public housing budgets (R-13, 14, and 15).

e. Execution of declaration of trust for public housing renovation (R-16).

f. Head Start use of Town space at Lincoln Arts Center

(R-17).

g. Roof replacement bid award (R-18).

h. Transportation planning grant project ordinance (O-4).

i. Sherwood Forest sewer extension budget amendment (O-5).

j. Work session with OWASA Board members (R-19).

k. Setting hearing date for Steep Slope DOTA (R-20).

This the 11th day of March, 1992.

A RESOLUTION SCHEDULING A QUARTERLY PLANNING AND REPORTING SESSION AT 5:30 PM ON MONDAY, APRIL 6, 1992 (92-3-11/R-9)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby schedules a quarterly planning and reporting session for 5:30 pm on Monday, April 6, 1992 in the Council Conference Room at Town Hall, 306 North Columbia Street.

This the 11th day of March, 1992.

A RESOLUTION APPROVING REVISION NO. 1 TO THE OPERATING BUDGET FOR THE LOW RENT CONVENTIONAL HOUSING PROGRAM FOR JULY 1, 1991 THROUGH JUNE 30, 1992 FOR PROJECT NO (S) 46-1, 2, 4, 5, 6, 7, 9

(9-3-11/R-10)

WHEREAS, the Manager has submitted a public housing budget for fiscal year ending June 30, 1992; and

WHEREAS, the Council has determined that the proposed expenditures are necessary in the efficient and economical operations of the Housing Authority for the purpose of serving low-income families; and

WHEREAS, the budget indicates a source of funding adequate of cover all proposed expenditures; and

WHEREAS, all proposed rental charges and expenditures will be consistent with provisions of law and the Annual Contributions Contract; and

WHEREAS, the Council hereby certifies that the Town's Authority is in compliance with the provisions of Section 207 (a) of the Authority shall at least once a year re-examine the income of families living in the Projects (a); and

WHEREAS, all persons responsible for 75 or more units of public housing are hereby certified by an approved certifying organization's; and

WHEREAS, pursuant to Section 307, Part II of the Consolidated Annual Contributions Contracts, the Town's Authority hereby certifies that all administrative salaries are comparable to local practice, based on a comparability study date of January 1989 which is on file for HUD review;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves Revision No. 1 to the operating budget for the fiscal year ending June 30, 1992.

This the 11th day of March, 1992.

A RESOLUTION APPROVING REVISION NO. 1 TO THE OPERATING BUDGET FOR THE LOW RENT LEASED HOUSING PROGRAM FOR JULY 1, 1991 THROUGH JUNE 30, 1992 FOR PROJECT NO (S) 46-3 (92-3-11/R-11)

WHEREAS, the Manager has submitted a budget for fiscal year ending June 30, 1992; and

WHEREAS, the budget indicates a source of funding adequate to cover all proposed expenditures; and

WHEREAS, all proposed rental charges and expenditures will be consistent with provisions of law and the Annual Contributions Contract; and

WHEREAS, the Council hereby certifies that the Town's Authority is in compliance with the provisions of Section 207 (a) of the Consolidated Annual Contributions Contract in that the Town's Authority shall at least once a year re-examine the income of families living in the Project (s); and

WHEREAS, all persons responsible for 75 or more units of public housing are hereby certified by an approved certifying organization's; and

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the operating budget for the fiscal year ending June 30, 1992.

This the 11th day of March 1992.

A RESOLUTION CONFIRMING THAT THE PERSONS RESPONSIBLE FOR HOUSING MANAGEMENT DUTIES HAS BEEN CERTIFIED BY AN APPROVED CERTIFYING AGENCY (92-3-11/R-12)

WHEREAS, Tina Vaughn, Director of the Department of Housing and Community Development, and Harold Wolfe, Housing Officer, have been certified by the National Association of Housing and Redevelopment Officials as a Public Housing Manager; and

WHEREAS, the National Association of Housing and Redevelopment Officials is an approved Certifying Agency; and

WHEREAS, this person performs housing management duties;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the person involved in the performance of housing management duties will meet certification requirements as set forth in Federal Register Volume 41, Number 190, Wednesday, September 29, 1976; pp. 43088-43092, and the salary of such person is an eligible operating expenditure.

This the 11th day of March, 1992.

A RESOLUTION APPROVING AN OPERATING BUDGET FOR THE LOW RENT CONVENTIONAL HOUSING PROGRAM FOR JULY 1, 1992 THROUGH JUNE 30, 1993 FOR PROJECT NO (S) 46-1, 2, 4, 5, 6, 7, 9 (92-3-11/R-13)

WHEREAS, the Town Manager has submitted a public housing budget for fiscal year ending June 30, 1993; and

WHEREAS, the budget indicates a source of funding adequate of cover all proposed expenditures; and

WHEREAS, all proposed rental charges and expenditures will be consistent with provisions of law and the Annual Contributions Contract; and

WHEREAS, all persons responsible for 75 or more units of public housing are hereby certified by an approved certifying organization; and

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the operating budget a submitted by the Town Manager on April 1, 1992 for the fiscal year ending June 30, 1993.

This the 11th day of March, 1992.

A RESOLUTION APPROVING AN OPERATING BUDGET FOR THE LOW RENT LEASED HOUSING PROGRAM FOR JULY 1, 1992 THROUGH JUNE 30, 1993 FOR PROJECT NO (S) 46-3 (92-3-11/R-14)

WHEREAS, the Town Manager has submitted a public housing budget for fiscal year ending June 30, 1993; and

WHEREAS, the budget indicates a source of funding adequate to cover all proposed expenditures; and

WHEREAS, all proposed rental charges and expenditures will be consistent with provisions of law and the Annual Contributions Contract; and

WHEREAS, the Council hereby certifies that the Town's Authority is incompliance with the provisions of Section 207 (a) of the Consolidated Annual Contributions Contract in that the Town's Authority shall at least once a year re-examine the income of families living in the Project (s); and

WHEREAS, all persons responsible for 75 or more units of public housing are hereby certified by an approved certifying organization; and

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the operating budget as submitted by the Town Manager on April 1, 1992 for the fiscal year ending June 30, 1993.

This the 11th day of March 1992.

A RESOLUTION CONFIRMING THAT THE PERSONS RESPONSIBLE FOR HOUSING MANAGEMENT DUTIES HAS BEEN CERTIFIED BY AN APPROVED CERTIFYING AGENCY (92-3-11/R-15)

WHEREAS, the National Association of Housing and Redevelopment Officials is an approved Certifying Agency; and

WHEREAS, this person performs housing management duties;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the person involved in the performance of housing management duties meets certification requirements as set forth in Federal Register Volume 41, Number 190, Wednesday, September 29, 1976; pp. 43088-43092, and the salary of such person is an eligible operating expenditure.

This the 11th day of March, 1992.

A RESOLUTION AUTHORIZING EXECUTION AND RECORDING OF DECLARATION OF TRUST (92-3-11/R-16)

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) has entered into an Annual Contributions Contract or Amendment thereto with HUD in order to receive such assistance; and

WHEREAS, HUD has required, as a condition to the provision of such assistance, the execution and recording of a Declaration of Trust;

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

Section 1. That the Chairman or Vice-Chairman is hereby authorized and directed to execute the Declaration of Trust for Project N. NC 046001, 046006 on the form prescribed by HUD, and the Secretary is hereby authorized and directed to impress the seal of the Authority thereon and to attest it.

Section 2. The Secretary is directed to cause said Declaration of Trust to be recorded in the appropriate office of public records of the County in which the Project is located. After recording, the Secretary is directed to transmit said document, together with one certified copy thereof to the Department of Housing and Urban Development.

RECORDING OFFICER'S CERTIFICATION

I, Pete Richardson, the duly appointed, qualified, and acting Secretary of the Town of Chapel Hill (PHA), do hereby certify that the above Resolution No.____ was properly adopted at a regular or special meeting properly held on 03/11/92.

In testimony whereof, I have hereuntil set my hand and the seal of the Town of Chapel Hill (PHA), this 11th day of March, 1992.

(SEAL)

___________________________________

(Signature)

This the 11th day of March, 1992.

A RESOLUTION ACCEPTING A BID AND AWARDING A CONTRACT FOR PUBLIC HOUSING THE ROOF REPLACEMENT WORK (92-3-11/R-18)

WHEREAS, The Town of Chapel Hill has solicited formal bids by advertisement in The Chapel Hill Newspaper on February 9, 1992 in accordance with G.S. 143-129 for roofing replacement work; and

WHEREAS, the following bids were received and opened on February 20, 1992:

Contractors Bid Amount

Carroll Roofing Company, Inc. $ 67,739.00

Baker Roofing Company $ 87,989.00

Alpha Matrix, Inc. $170,691.00

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town accepts the bid and awards a contract to Carroll Roofing Company, Incorporated in the amount of $67,739.00 for roof replacement work at the Craig-Gomains, Ridgefield and North Columbia Street public housing neighborhoods.

This the 11th day of March, 1992.

AN ORDINANCE TO ADOPT GRANT PROJECT ORDINANCES FOR TRANSIT PROJECTS (92‑3‑11/0‑4)

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 Planning Grant, more specifically known as Urban Mass Transportation Administration Section 8 Grant, awarded through an agreement with the City of Durham. The projects provide funds for transit 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, the North Carolina Department of Transportation, the City of Durham 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.

Section 8

City of Durham (FTA & NCDOT) $11,250

Town of Chapel Hill (local match) 1,250

TOTAL $12,500

SECTION IV

The following amounts are appropriated for the project:

Section 8 Transit Planning $12,500

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 11th day of March, 1992.

AN ORDINANCE TO AMEND "THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1991 (92-3-11/O-5)

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, 1991 as duly adopted on July 8, 1991, be and the same is hereby amended as follows:

That $100,000 from the 1/2-cent sales tax revenue held in the Capital Reserve Fund for water and sewer purposes, be hereby removed from the Capital Reserve Fund and transferred to the Capital Improvements Fund in the amount and for the purpose as follows:

Wastewater Improvements Project, $100,000 (for Town's share of wastewater improvements in areas in Durham and Orange County annexed by Town on June 30, 1990.

This the 11th day of March, 1992.

A RESOLUTION REGARDING A WORK SESSION WITH REPRESENTATIVES OF THE ORANGE WATER AND SEWER AUTHORITY TO DISCUSS THE MORATORIUM ON SEWER CONNECTIONS TO THE BOLIN CREEK INTERCEPTOR (92-3-11/R-19)

WHEREAS, the North Carolina Division of Environmental Management by letter dated March 2, 1992, established a moratorium on connections to sewers draining to the Bolin Creek Interceptor west of East Franklin Street;

NOW, THEREFORE, BE IT RESOLVED that the Town Council of Chapel Hill requests that the Council's appointees to the Orange Water and Sewer Authority Board of Directors meet with the Council in a work session at 6 pm on Monday, March 16, 1992 in the Council Chamber to discuss the moratorium on sewer connections, and actions being taken and under consideration by OWASA to have the moratorium lifted.

BE IT FURTHER RESOLVED that the Council invites other interested members of the Orange Water and Sewer Authority Board of Directors and the OWASA administration to attend the work session.

This the 11th day of March, 1992.

Mayor Broun called on Council Member Wilkerson to discuss consent agenda item f. Council Member Wilkerson noted the importance of Council support for the activities of the Task Force on Reducing Violent Crime and Illegal Drug Use. He said support of the Head Start program was very important.

COUNCIL MEMBER WILKERSON MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT RESOLUTION 17. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO ENTER INTO DISCUSSIONS WITH THE CHAPEL HILL-CARRBORO HEAD START PROGRAM TO ARRANGE FOR SHARING SPACE IN THE LINCOLN ART CENTER (92-3-11/R-17)

WHEREAS, the Council of the Town of Chapel Hill received on October 14, 1991 the Report of the Task Force on Reducing Violent Crime and Illegal Drug Use; and

WHEREAS, the Report recommended that the Town locate and make available space for the expansion of the local Head Start Program; and

WHEREAS, the Chapel Hill-Carrboro Head Start Program meets an important community need through the provision of classes and health services for three and four year old children from low-income families in Chapel Hill and Carrboro; and

WHEREAS, the Chapel Hill-Carrboro Head Start Program maintains a waiting list of eligible children which currently includes 60 names; and

WHEREAS, The Town of Chapel Hill leases the Lincoln Art Center from the Chapel Hill-Carrboro Board of Education for the provision of recreational community programs; and

WHEREAS, the lease with the Board of Education will not expire until December 31, 2007;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to enter into discussions with the Chapel Hill-Carrboro Head Start Program to arrange for the sharing of space in the Lincoln Art Center for a Head Start classroom.

This the 11th day of March, 1992.

Mayor Broun called on Council Member Wilkerson to discuss consent agenda item k. Council Member Wilkerson said it might be premature to schedule the hearing without receiving input from the Design Review Board and the Design Council. Council Member Andresen inquired how long it would take to bring the proposed ordinance back for Council consideration. Mr. Horton said follow-up could take a considerable period of time. Council Member Wilkerson emphasized the importance of receiving input from the Design Council and the Design Review Board. He said it was crucial that the Design Review Board examine this matter. Council Member Rimer said that Council Member Wilkerson's suggestion was a good one. Mr. Horton said the staff would be glad to solicit comments from the Design Council.

COUNCIL MEMBER WILKERSON MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT RESOLUTION 20, ADDING THE WORDS "DESIGN REVIEW BOARD" TO THE PROPOSED RESOLUTION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION RESCHEDULING A PUBLIC HEARING REGARDING STEEP SLOPE REGULATIONS OF THE DEVELOPMENT ORDINANCE (92-3-11/R-20)

WHEREAS, on January 14, 1992, the Council of the Town of Chapel Hill called a Public Hearing for March 16, 1992 to consider possible changes to the Development Ordinance with respect to development on steep slopes and directed the Planning Board to consider the proposal and its advantages and disadvantages; and

WHEREAS, the Planning Board reviewed a proposal on March 3, 1992 and requested further study of the proposal;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby postpones the March 16, 1992 Public Hearing regarding development on steep slopes to allow further study by the Planning Board and Design Review Board and directs the Town Manager to place the item on an available Public Hearing upon completion of review by the Planning Board and Design Review Board.

This the 11th day of March, 1992.

Item 12 Information Reports

Council Member Brown said it was important to support the continued use of recycled paper. Council Member Brown said she looked forward to future reports concerning recycled paper. Council Member Rimer said he was interested in future reports on the impacts of different types of paper on equipment maintenance.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADJOURN THE REGULAR MEETING AND MOVE INTO EXECUTIVE SESSION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

The regular meeting stood adjourned at 10:30 p.m.

No report followed the Executive Session.