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

HILL, NORTH CAROLINA, MONDAY, APRIL 13, 1992 AT 7:30 P.M.

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 Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Planning Director Roger Waldon and Town Attorney Ralph Karpinos.

Item 1 Ceremony

Mayor Broun called upon Jack Kaiser, Planning Director for the City of Gastonia, to present awards from the American Planning Association. Mr. Kaiser presented 1992 Outstanding Citizen Planner awards to Runyon Woods, Adam Stein and Jane Stein. He stated that Mr. Woods, Mr. Stein and Ms. Stein had been instrumental in designing and implementing the Culbreth Park affordable housing development for moderate-income individuals. Mr. Kaiser said the program was replicable in other communities. He stated that the program was citizen-initiated, planned and executed by three distinguished persons. Mayor Broun congratulated Ms. Stein, Mr. Stein and Mr. Woods.

Adam Stein said the Culbreth Park development was truly a public-private partnership. He thanked former Mayor Jonathan Howes, Mayor Broun and the Council for their support of the Culbreth Park development. Mr. Stein also thanked the Town's planning staff and Planning Director Roger Waldon for their assistance with development of the Culbreth Park proposal. Mr. Woods noted that during the 1980's the cost of housing was thirty-two percent more than increases in income during the decade. He also expressed concern that the Town's black population had decreased from 14.5% in 1980 to 12.5% in 1990. Mr. Woods also said that the average value of a white family's home in the Town was $172,000, compared to an average value of $85,000 for a black home. He expressed hope that the Council would continue to address the Town's affordable housing needs.

Item 3 Petitions

Antoine Puech, representing West Franklin Preservation Partners, thanked the Council for their recent action modifying parking requirements in the Town Center area. He stated that the action would make the proposed Pavilion project financially viable. Mr. Puech said the developer's overall goal was to reduce parking needed for employees by about thirty percent. He noted that the Pavilion might acquire private vans, bicycles, free bus passes, and parking tokens for use by employees. Mr. Puech requested that the Council direct Town staff to work with developers of the Pavilion on the development of a traffic management plan for the project.

Council Member Werner inquired about the status of the Cat's Cradle tenancy. Mr. Puech said the developers of the Pavilion were willing to work with Cat's Cradle to find a new location. Council Member Andresen inquired when the Pavilion would bring forward its proposed modification plan. Mr. Puech said the plan would be submitted within one or two weeks. Council Member Andresen inquired whether it was correct that the first phase of the project would not include residential housing. Mr. Puech said this was correct. Council Member Andresen stated that in adopting revised parking regulations for the Town Center area, it had not ruled out the possible provision of parking for retail customers in addition to parking for employees. She noted that the Council needed to take a balanced look at parking requirements for proposed projects in the Town Center area.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO RECEIVE AND REFER MR. PUECH'S PETITION TO THE TOWN MANAGER.

Council Member Rimer noted that the Transportation Board was preparing a report on innovative transportation ideas for presentation to the Council. Mr. Horton said the report would be presented at the Council's April 27th meeting. Council Member Capowski inquired whether corporate bus passes were currently available. Mr. Horton said these were not currently available in this form. Council Member Capowski requested that the Transportation Board and staff investigate the viability of corporate bus passes and reduced fees for vehicles having more than one occupant using Town parking lots. Mr. Horton said these possibilities could be examined. Council Member Capowski inquired about the number of employees at The Pavilion, in the event that the project were built out to seventy thousand square feet. Mr. Puech said there would be an estimated total of one hundred and twenty to one hundred and fifty employees. Council Member Capowski asked whether any parking for employees was proposed. Mr. Puech noted that rock under the building would limit the amount of underground parking which could be provided.

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

Gregg Sandreuter, representing Westchase Development, said his firm had been in close communication with the Timberlyne Neighborhood Association concerning proposed stores at the Timberlyne Shopping Center. He noted that six meetings and two public information meetings had been held with neighborhood residents. Mr. Sandreuter provided a chronology of meetings to the Mayor and Council and Manager.

Council Member Brown requested that the staff provide an update to the Council on the Bolin Creek interceptor and greenway at the April 27th regular meeting. She also requested a report from staff on ways to reduce the amount of paper in Council agenda packets.

Council Member Herzenberg stated that as the Council's liaison to the Greenways Commission, he was particularly interested in the repair of the Bolin Creek interceptor. Council Member Rimer said he concurred with Council Member Brown's concern about the amount of paper and documents received by the Council. He suggested that one person be assigned to place materials in the Council's mailboxes.

Council Member Andresen requested a staff memorandum outlining reasons for supporting a half-cent sales tax for purposes other than water and sewer infrastructure. She noted that the Carrboro Board of Aldermen had made a similar request to Carrboro Town staff. She noted that the Town's OWASA Board appointees did not seem to understand the issues concerning the half-cent sales tax. Council Member Werner said it was a good idea for the Council to discuss this matter in the near future. Council Member Andresen suggested that the Council could discuss the matter at a work session. Mayor Broun said it was a good idea for the staff to provide a background memorandum on the half-cent sales tax. Council Member Herzenberg said he hoped that the memorandum would deal with equity issues and provide historical insight on the sale of the University's utility systems.

Council Member Andresen noted that the Council's budget work sessions were not currently televised. She suggested that the Council consider televising future budget work sessions. Council Member Andresen also suggested that the Council give feedback to the Mayor and Manager on the format of budget work sessions. Mayor Broun inquired about the cost of televising work sessions. Mr. Horton said the staff could present a report on this matter.

Council Member Wilkerson proposed the following resolution, honoring the Duke Men's Basketball team on its repeat National Collegiate Athletic Association championship.

COUNCIL MEMBER WILKERSON MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT THE PROPOSED RESOLUTION, AS AMENDED.

A RESOLUTION SUPPORTING THE DUKE BASKETBALL PROGRAM AND THE EFFORTS OF COACH MIKE KRZYZEWSKI IN LEADING HIS TEAM OF BLUE DEVILS TO A 1992 NCAA VICTORY

WHEREAS, not since 1973 when UCLA claimed its seventh straight title has the NCAA produced a repeat winner; and

WHEREAS, the Duke Blue Devils have participated in five straight Final Fours; and

WHEREAS, the NCAA Tournament basketball championship game is the most-watched basketball game in the world; and

WHEREAS, performances of the Sterling Six, Christian Laettner, Grant Hill, Bobby Hurley, Thomas Hill, Brian Davis and Tony Lang will long be remembered by teammates and loyal fans; and

WHEREAS, his dedication to the sport of basketball and successful coaching style of Mike Krzyzewski has earned him the admiration and respect of sports fans everywhere; and

WHEREAS, the Duke Blue Devils players, under the direction of "Coach K", have personified the term "team work", bringing fame to this region where basketball is honored and held in such high regard;

NOW, THEREFORE, BE IT RESOLVED that the Town Council offers congratulations to Chapel Hill's neighboring university and its outstanding Duke Blue Devils Men's Basketball Team for winning the 1992 NCAA Championship.

This the 13th day of April, 1992.

Mayor Broun suggested that in the spirit of balance, those supporting the resolution should remember that the UNC men's basketball team had defeated the 1991 and 1992 National Champion Duke basketball team. Mayor Broun congratulated UNC Coach Dean Smith for taking a young, inexperienced team to the National Collegiate Athletic Association basketball tournament. Council Member Andresen noted that she did not ordinarily favor adopting resolution presented for adoption on the same evening, but would make an exception this evening. Council Member Werner suggested amending the resolution to include the name of Brian Davis, and refer to the "Sterling Six" instead of the "Fabulous Five". Council Member Chilton said although he realized the proposed resolution was an effort to enhance intergovernmental relations, the Council could not in good conscience consider the matter this evening or ever. Council Member Capowski noted that he had attended both universities and supported adoption of the resolution.

THE MOTION WAS ADOPTED BY A VOTE OF 8-1, WITH COUNCIL MEMBER CHILTON VOTING NO.

Council Member Wilkerson said he expected that the resolution would carry the Mayor's signature. Council Member Herzenberg said this would be out-of-order.

Item 4 Ad Hoc Committees

Council Member Herzenberg noted that the Council had an existing policy of appointing only Town residents to standing advisory boards and commissions. He suggested that the Council consider appointing non-Town residents to short-term task forces, committees and commissions. Council Member Werner suggested limiting non-Town appointees to no more than twenty percent of membership. Council Member Herzenberg said he would accept the proposal as a friendly amendment. He noted that the Council would continue to make appointments to standing and short-term boards, committees and commissions.

COUNCIL MEMBER WERNER MOVED THAT THE PERCENTAGE OF NON-TOWN RESIDENTS TO NON-STANDING BOARDS, COMMITTEES, AND COMMISSIONS BE LIMITED TO TWENTY-FIVE PERCENT OR LESS OF MEMBERSHIP. COUNCIL MEMBER BROWN SECONDED THE MOTION.

Council Member Brown noted that about half of the Citizen's Energy Task Force applicants resided elsewhere but worked in the Town. Council Member Brown said she did not favor a rigid limitation on membership of non-Town residents. Council Member Andresen noted that some decisions of advisory boards and commissions involved the expenditure of taxpayer's money. For this reason, she suggested that the clear majority of all boards, committees and commissions should be Town residents.

Council Member Rimer said he concurred with Council Member Brown that the Council have the flexibility to appoint persons living or working in the community to non-standing boards, committees and commissions. He suggested that the Council permit membership of less than fifty percent non-Town residents. Council Member Chilton noted that the Council had some flexibility in interpreting its own policies. Council Member Herzenberg noted that the Council had recently abided by its existing policy when making appointments to the Cable Television Advisory Committee. Council Member Chilton inquired about the status of citizens residing in the extraterritorial jurisdiction.

Council Member Capowski inquired whether the proposed resolution could refer to a "significant majority" without outlining a specific percentage for participation by non-Town residents. Mr. Karpinos said that existing language in the proposed resolution addressed this situation adequately. Council Member Herzenberg said the majority of members of non-standing boards, committees and commissions should be Town residents.

Council Member Werner inquired whether a forty percent limit for non-Town resident membership was acceptable to the motioner and seconder. The motioner and seconder concurred with the proposal.

THE MOTION, TO ADOPT RESOLUTION 1, AS AMENDED, WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION AMENDING THE TOWN COUNCIL'S PROCEDURES MANUAL REGARDING APPOINTMENTS TO CERTAIN AD HOC COMMITTEES AND TASK FORCES (92-4-13/R-1)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby amends Subsection II(E)(5) of the Council's Procedures Manual as follows:

REVISE the paragraph captioned "Residence Required" to read as follows:

Residence of appointees

(a) Standing Committees

The Council's appointees to the following boards and commissions shall be residents of the Town:

Board of Adjustment

Appearance Commission

Design Review Board

Greenways Commission

Historic District Commission

Housing Advisory Board

Human Services Advisory Board

Library Board of Trustees

Orange Water and Sewer Authority

Parks and Recreation Commission

Personnel Appeals Committee

Planning Board

Transportation Board

(b) Ad hoc committees and task forces

Appointees to ad hoc committees and task forces including but not limited to those listed below will generally be Town residents, but may include residents of surrounding areas:

Bicycling Advisory Committee

Cable Television Advisory Committee

Citizens' Energy Task Force

Committee on the Chapel Hill Endowment for Public Art

Committees to be appointed to follow up on recommendations by the Task Force on Violent Crime and Illegal Drug Abuse

Solid Waste Reduction Committee

Stormwater Management Committee

In considering appointments to any committee, etc. other than the standing boards and commissions listed in (a) above, the Council may appoint non-residents, not to exceed forty percent of membership, to an ad hoc committee by following the Council's normal procedure for voting on appointments.

This the 13th day of April, 1992.

Item 5 Nominations and Appointments

Mayor Broun suggested that Council Member Brown serve as convener for the Citizen's Energy Task Force.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO NOMINATE ALL APPLICANTS TO THE CITIZEN'S ENERGY TASK FORCE. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Mayor Broun suggested that Council Member Brown serve as convener of the Solid Waste Reduction Committee.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO NOMINATE ALL SOLID WASTE REDUCTION COMMITTEE. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

The Council appointed Martin Feinstein and Mrs. Dean Weisenstein to the Parks and Recreation Commission. Vote tallies were as follows:

Feinstein 8 votes (Broun, Brown, Capowski, Chilton, Herzenberg, Rimer, Werner, Wilkerson)

Weisenstein 8 votes (Broun, Brown, Capowski, Chilton, Herzenberg, Rimer, Werner, Wilkerson)

Earley 1 vote (Andresen)

Barnes 1 vote (Andresen)

Original voting ballots are on file in the Clerk's Office.

Council Member Herzenberg suggested that the Council consider appointing only Hal Cooper since he was the only applicant indicating the Housing Advisory Board as his first choice.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO REFER THE MATTER TO THE HOUSING ADVISORY BOARD FOR APPOINTMENT RECOMMENDATIONS. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Council Member Capowski stated that Mr. Manton's application was eight months old. He suggested that a more up-to-date application be submitted.

Mayor Broun noted that there were a total of six applicants for the Cable Television Advisory Committee, two of whom were two county residents and two were Chatham County residents. Council Member Herzenberg noted that Jean Levi worked in the Town's corporate limits and had a professional interest in cable television. Council Member Wilkerson expressed his concurrence. Council Member Capowski said Harvey Arnold had considerable relevant professional experience. Council Member Chilton said Bob Joesting had a strong background and was a creative thinker. Council Member Brown expressed her concurrence. She added that Mr. Joesting was long interested in community affairs.

Robert Joesting and Emma Jean Levi were appointed to the committee. Voting tallies were as follows:

Robert Joesting 6 votes (Andresen, Broun, Brown, Capowski, Chilton, Herzenberg)

Emma Jean Levi 7 votes (Broun, Brown, Chilton, Herzenberg, Rimer, Werner, Wilkerson)

Harvey Arnold 5 votes (Andresen, Capowski, Rimer, Werner, Wilkerson)

Original voting ballots are on file in the Clerk's Office.

Mayor Broun noted that the Council had agreed by unanimous consent to appoint Council Member Brown as the Council's representative to the Triangle J Solid Waste Committee.

Item 6 Pilot Curbside Rollcart Refuse Collection

Public Works Director Bruce Heflin said seventy-four percent of persons recently responding to a survey of pilot area residents favored weekly curbside refuse collection. He added that seventy-three percent of respondents said collection carts were the right size. Mr. Heflin noted that the UNC School of Journalism had also recently conducted a community-wide survey, including questions about refuse collection. He noted that several options concerning residential refuse collection would be discussed at the Council's May 4th budget work session.

Council Member Chilton inquired whether there had been an increase in recycling participation following implementation of the pilot curbside collection program. Mr. Heflin said the Town's survey found that sixty-six percent of households had participated in recycling prior to the program and seventy-one percent had participated during the program. Noting that some persons had indicated that they did not need large carts, Council Member Rimer inquired about the feasibility of mixing the size of carts. Mr. Heflin said although this was possible, results of similar programs in other communities were not conclusive. He stated that cart sizes could change to match seasonal habits. Mr. Heflin stated that most communities used one size of cart.

Council Member Andresen noted that most persons favored granting exemption for all persons over sixty-five years of age. Council Member Andresen also noted that although twenty-one percent favored the program because of its potential to save money, she hoped that these persons had not concluded that tax rates would be lowered. She said it was extremely unlikely that this expectation would be met. Council Member Brown inquired which cities had been contacted concerning use of different-sized roll carts. Mr. Heflin said he could report back to the Council on this item.

Council Member Werner said he understood Council Member Andresen's concerns. He noted that saving money was the primary reason that the program had been initially proposed. Council Member Herzenberg indicated that in completing his survey concerning the curbside refuse collection, he had checked the response concerning the potential for saving money. Council Member Capowski requested estimated costs for one per week rearyard collection. Mr. Horton said this information and other updated information would be presented to the Council at their April 27th meeting. Council Member Capowski expressed concern that projected savings from attrition were quite optimistic. Noting that participants in both recent polls favored curbside refuse collection, Council Member Capowski inquired why persons writing to the Council were opposed to curbside collection. Mr. Horton said these persons were concerned about the proposed change for a variety of reasons.

Council Member Chilton thanked the staff for its report. He noted that although approximately forty percent of the Town's population were students at the University, only a small percentage of persons in recent surveys were in this age category. Council Member Chilton said the Council should be examining the viability of a pay-as-you-throw system, rather than whether to have once or twice per week curbside or rearyard collection. Council Member Rimer said he disagreed with this observation. He stated that the viability of a pay-as-you-throw could be examined within the context of the Town's overall solid waste management plan. He stated that the matter of curbside or rearyard collection was still relevant. Council Member Rimer said collection costs would be the same for a pay-as-you-throw system, although estimated disposal costs would decrease. Council Member Andresen noted that if the majority of the Council favored a pay-as-you-throw system, a feasibility study could be initiated.

Council Member Brown said she continue to support a unit-based (pay-as-you-throw) refuse system, since it would reduce waste. She inquired whether collection costs would be reduced using a unit-based system. Mr. Heflin said if waste reduction were achieved, the number of routes could be reduced. Mayor Broun urged the Council to carefully consider alternatives for refuse collection.

Item 6.1 Planning of Downtown Area

Mayor Broun said he was interested in planning of the downtown area. He stated that the resolution before the Council would encourage interested persons to participate in planning of the downtown area. Mayor Broun said a group headed by Josh Gurlitz would develop a data base and market analysis of the Town Center. He stated that the downtown was a vibrant place. He stated that the proposed resolution would support the work of a downtown planning committee. Mayor Broun noted that Mayor pro tem Herzenberg, Assistant to the Mayor Lisa Price and he would be involved with the committee's planning activities.

Council Member Andresen inquired about coordination with the Orange County Economic Development Commission (OCEDC). Mayor Broun stated that OCEDC Executive Director Ted Abernathy had met with the committee. Council Member Andresen said it was a good idea not to duplicate planning efforts. Council Member Wilkerson said he favored the proposed resolution. He noted that the Council was not anti-business or anti-growth. Council Member Wilkerson said there were several current efforts to support economic development.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 1.1. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION SUPPORTING THE WORK OF THE DOWNTOWN PLAN COMMITTEE TO FURTHER THE DEVELOPMENT OF THE TOWN CENTER (92-4-13)/R-1.1)

WHEREAS, the continuing vitality of Chapel Hill's downtown is important to our community as its economic and cultural center;

WHEREAS, long range planning for downtown Chapel Hill can provide guidance for review of specific projects and encourage development in keeping with the vision of our community for its center;

WHEREAS, the views of all of our citizens are valuable in developing plans for the downtown area including those of design experts, developers, bankers, other business people, the University of North Carolina, non-profit groups and neighborhood leaders,

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council supports the efforts of the Downtown Plan Committee of the Downtown Commission regarding the following:

1. Conducting public "focus sessions" to expand and refine the current plan.

2. Preparing a proposal for a detailed downtown plan incorporating:

- an accurate, up-datable DATA BASE for the downtown area

- a detailed LAND USE PLAN

- a useable MARKET ANALYSIS

- specific methods of IMPLEMENTATION of all plan components.

BE IT FURTHER RESOLVED that the Council requests that all committee meetings will open to the public and announced under normal procedures for public meetings.

BE IT FURTHER RESOLVED that the Council requests that the plan committee provide an interim report to the Council in the fall of 1992 and provide a final draft report to the Council for review and comments in the first quarter of 1993.

BE IT FURTHER RESOLVED that the Council approves of the participation of Mayor Ken Broun, Mayor pro tem Joe Herzenberg and other interested Council Members, Assistant to the Mayor Lisa Price; and Town staff as designated by the Manager.

BE IT FURTHER RESOLVED that the Committee may occasionally use Town support, such as secretarial and mailing services, as well as the use of Town meeting rooms under normal procedures.

This the 27th day of April, 1992.

Item 7 Landfill Tipping Fees

Council Member Rimer said he was seeking the Council's guidance on proposed tipping fees for ash disposal at the Orange County Regional Landfill. He noted that ash produced by the University was non-toxic and could be used for a number of purposes. Council Member Rimer stated that a reduction of twenty dollars to thirteen dollars per ton was proposed for ash disposal. He said that ash buried at the landfill could be mined in the future. Council Member Rimer said that ash could be accepted at the landfill, earning income for the Landfill Fund or it could be trucked to a landfill in Fayetteville. He stated that the latter alternative would be hypocritical. Council Member Rimer said trucking ash to another landfill would necessitate an estimated property tax increases of fourth-tenths of a cent for Town residents and two-tenths of a cent for County residents. He added that existing recycling programs needed to be expanded, rather than reduced. Council Member Rimer said he recommended that the Council give strong consideration to continue permitting burial of ash at the landfill.

Council Member Andresen asked whether the decision concerning ash disposal could be reviewed annually. Council Member Rimer said yes. He noted that area residents were recycling more and producing less waste, resulting in greater capacity at the regional landfill.

Kurt Uphoff, President of Orange Recycling Services, said he operated a recycling program for the University of North Carolina, along with other clients. He noted that current costs for the landfill do not include replacement costs. He also noted that the Town should be raising landfill tipping fees. Mr. Uphoff stated that ash had been approved for use as a liming agent for agriculture. He expressed concern that it was too inexpensive to throw things away rather than recycle. Mr. Uphoff said the community could not afford cutbacks in its recycling programs. He noted that if current estimated recycling costs were ninety dollars per ton, there should be similar costs for landfilling of wastes.

Council Member Werner inquired whether the need for ash disposal at the County's regional landfill would continue in the future. Council Member Rimer said annual disposal needs were currently twenty to twenty-five thousand tons. He added that there was no commitment to accept landfill at the County's next landfill site. Council Member Werner inquired about long-term plans for ash disposal. Council Member Rimer said the situation would be reviewed by the University on an annual basis. Mr. Heflin noted that it was possible for the Town to accommodate approximately thirty thousand tons of ash per year at the regional county landfill facility. Council Member Werner inquired about the landfill's annual capacity for ash disposal. Mr. Heflin said staff had not performed this calculation.

Council Member Rimer said the landfill had the ability to handle one hundred twenty-five to one hundred and fifty thousand tons of ash over the next five years. Council Member Werner said although ash was not legally considered hazardous or leaching, it would be a good idea to conduct groundwater monitoring of the landfill site. Mr. Heflin noted that ash had been approved for agricultural uses. Council Member Werner proposed possible groundwater monitoring downstream. Council Member Werner said he was not convinced that ash was less prone to leaching than standard garbage. Council Member Capowski asked whether there had been problems with ash disposal at other landfill facilities. Council Member Werner said that soil types and conditions differed in communities.

Council Member Andresen said Council Member Werner had raised an interesting concern about groundwater monitoring. She stated that testing of groundwater was a good idea. Council Member Andresen suggested that the Landfill Owners Group further discuss the proposal. Council Member Andresen expressed concern that Orange County Commissioners had not supported the proposal to reduce ash disposal tipping fees at the regional landfill.

Noting that over eighteen thousand tons of ash had been disposed of in seven months, Council Member Brown inquired about estimated ash tonnage disposal for the current fiscal year. Mr. Heflin said an estimated twenty-five to thirty thousand tons of ash would be disposed at the landfill. He noted that significant quantities of ash could possibly be diverted for other uses in the future. Council Member Brown said that changing current practices would call into question the site's existing special use permit. She inquired about the estimated life of the present landfill site. Mr. Heflin said primary operations would be moved south of Eubanks road in late 1993.

Council Member Brown inquired whether borrow areas at the present landfill would be used until 1993. Mr. Heflin said the capacity of borrow areas north of Eubanks Road had estimated capacity through 1997. Council Member Brown asked whether only the site north of Eubanks Road would be used for ash disposal. Mr. Heflin said this was correct. Council Member Brown asked whether ash was disposed of in the sanitary section of the landfill. Mr. Heflin stated that as quantities of ash increased, monofilling was be required. Council Member Brown inquired about the staff's familiarity with the possibility of reclassifying coal ash as hazardous. Mr. Heflin said he had read some articles concerning testing of ash for toxicity. Council Member Brown said if ash were reclassified, it might be necessary to dig it up and make alternative disposal arrangements. Council Member Werner said it was quite unlikely that this would occur, given the volume of ash generated and disposed of throughout the nation.

Council Member Brown said she opposed reducing the current tipping for ash disposal by the University. She stated that Mr. Uphoff's comments had been accurate. Mr. Horton noted that the University might find another use for ash in the future. He said that disposal of ash was a temporary concern since there would likely be a reuse for ash in the future. Council Member Brown inquired how programs could be financed after disposal of ash ceased. Mr. Horton said one option was to raise property taxes. Council Member Brown expressed concern that the proposed decrease in ash disposal fees would set a dangerous precedent. She asked whether had been staff discussion of a reduced fee for construction rubble. Mr. Heflin noted that there was no formal staff recommendation on a fee structure, although there has been discussion of lowering the fee for rubble as an incentive for contractors to keep it separate from putrescible garbage and, therefore, out of the sanitary landfill. He added that efforts were made not to accept mixed loads from construction sites. Council Member Brown stated that lowering tipping fees would rewarded waste generation. She said that this proposal was being put forward as paying for recycling and while she didn't accept this as the case, the Council should carefully consider that what would be happening would be accepting 18,000 to 20,000 tons of ash from UNC while we were only recycling 5,800 tons of material. She suggested this didn't make a lot of sense.

Council Member Herzenberg asked whether holes had to be filled in borrowed areas. Mr. Heflin said although not filling the holes did not cause problems, it was advantageous to fill them. He noted that the initial 1972 agreement concerning the landfill proposed possible recreational uses following the useful life of the landfill site. Council Member Capowski inquired whether other landfills accepted ash. Mr. Heflin said yes. Council Member Capowski asked whether other landfills had bad experiences from accepting ash for disposal. Mr. Heflin said he was not aware of any such instances. Council Member Capowski said there did not appear to be any ecologically-based reasons to deny the proposed fee decrease. He inquired about the cost of groundwater monitoring for ash disposal. Mr. Heflin said the staff would need to examine this matter thoroughly and could report back to the Council. Council Member Capowski inquired whether the University had agreed to dispose of ash at the thirteen dollar per ton rate. Mr. Heflin said the Town had a letter from the University to this effect. He noted that the agreement was subject to cancellation with twelve months notice.

Council Member Chilton noted that ash volumes had increased by two and a half to three times. He inquired whether there was three times as much borrowed area to fill than in the past. Mr. Heflin said that borrow areas had been retained for ash since the staff had been expecting greatly increased volumes of ash for several years. Council Member Chilton inquired whether approximately two hundred thousand dollars revenue per year was generated from ash disposal. Mr. Heflin said this was one way of quantifying ash disposal revenue. Council Member Chilton inquired whether six to eight thousand tons of ash per year had been formerly accommodated at the landfill. Mr. Heflin said this was correct.

Council Member Chilton inquired which programs would be supported from additional revenues from ash disposal. Council Member Rimer said the revenues would support traditional recycling programs. Council Member Werner said he supported decreasing the tipping fee for ash disposal. Council Member Werner said it would be hypocritical to landfill the ash in Fayetteville. Mayor Broun said he strongly supported the proposal to reduce tipping fees for ash disposal. He stated that was in the interest of the public trust to save taxpayers seventy-five thousand dollars with no adverse environmental impacts. Mayor Broun noted that the commitment was only for a twelve-month period.

Council Member Rimer noted that no one questioned the potential for future beneficial use of ash. He noted that the ash disposal arrangement did not involve a long-term obligation. Council Member Rimer noted that the University would divert approximately nine thousand tons of ash to another use. He expressed concern that hauling ash to Fayetteville would cause environmental damage, including air pollution and the use of fossil fuels. Council Member Rimer said the Council's primary advice appeared to be to further examine a reduced tipping fee for ash disposal. He also noted the need to address negative aspects. Mayor Broun noted that the Landfill Owners Group would discuss the proposal to reduce the ash disposal fee at its meeting on April 15th.

Council Member Chilton thanked Kurt Uphoff of Orange Recycling Services for his comments and perspective. He also thanked the University and Vice-Chancellor Ben Tuchi for their flexibility concerning recycling programs. Council Member Chilton noted that the Town had a conflict of interest with landfill tipping fees. He stated that higher tip fees could be used to offset the costs of the next landfill site.

Council Member Andresen stated that the Council's comments on the proposed fee change were mostly positive. She suggested that the Landfill Owners Group discuss the provision of wells for groundwater monitoring of ash disposal sites. Council Member Werner noted that the alternative to the appearance of conflict of interest was the creation of an authority to administer solid waste matters. Council Member Capowski inquired about the feasibility of a fifteen dollar per ton tipping fee for ash, with the additional two dollar per ton fee being used to monitor ash. Council Member Rimer noted that approximately $110,000 per year was being set aside for a future landfill site. Council Member Rimer said he would inform the Landfill Owners Group that the Council's comments on the decreased ash disposal tipping fee were generally positive. Commenting on the proposal to the adjust the ash disposal fee to fifteen dollars per ton, Council Member Rimer suggested that staff investigate the estimated cost of groundwater monitoring for ash disposal.

Item 8 HOPE I Planning Grant Application

Housing and Community Development Director Tina Vaughn said the resolution before the Council requested authorization to submit an application for a HOPE I planning grant to the U.S. Department of Housing and Urban Development. She noted that the program offered opportunities for low-income persons to become homeowners. Ms. Vaughn said the Town was seeking a fifty thousand dollar mini-planning grant to find out whether a HOPE I planning grant program was workable in the Airport Gardens neighborhood. She noted that the application would be submitted jointly by the Town and the Airport Gardens resident management association.

Council Member Andresen inquired about the response of residents to the proposal. Ms. Vaughn said residents were excited about the program. Council Member Brown inquired about the dissenting vote of a Housing Advisory Board member. Ms. Vaughn said the dissenting member wanted to include residents of all public housing neighborhoods, not just those having resident management associations. Council Member Capowski asked how much staff time was involved in preparing the application. Ms. Vaughn said no staff member would spend more than two hours preparing the application, totalling approximately fifteen or sixteen hours.

Council Member Chilton asked whether Airport Gardens was the only neighborhood having a resident management corporation. Ms. Vaughn said yes. Council Member Chilton thanked the residents of Airport Gardens for their support of the proposal. Ms. Vaughn noted that residents of other neighborhoods supported the proposal. Council Member Chilton inquired whether the grant was to study only program feasibility. Ms. Vaughn said yes. Council Member Wilkerson inquired how many Airport Gardens residents were involved with the proposal. Ms. Vaughn said twenty-six. Council Member Wilkerson asked whether the Airport Gardens resident management association had applied for funds last year. Ms. Vaughn said this was correct. Council Member Wilkerson inquired about the percentage of federal funding support for the department's salaries and support programs. Ms. Vaughn said one hundred percent. Mayor Broun inquired whether units found eligible for program participation would have to be replaced by the Town. Ms. Vaughn said the replacements would not necessarily have to be provided by the Town.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 2. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION AUTHORIZING SUBMISSION OF A HOPE I PLANNING GRANT APPLICATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (92-4-13/R-2)

WHEREAS, the U.S. Department of Housing and Urban Development has appropriated funds for HOPE I Planning Grants; and

WHEREAS, the Town Manager has prepared a grant application that includes the following activities:

Conducting a survey of residents to find out how much they can afford to pay for homeownership and their prospects for increasing their income;

Finding out how much it will cost to operate the housing development as a private entity including maintenance, utilities, taxes, insurance; and

Hiring a consultant to analyze the operating costs, other costs, potential sources of income, and find out whether a homeownership program is workable.

WHEREAS, these activities are necessary to determine if a HOPE I Homeownership Program would be feasible.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby supports and endorses the HOPE I Planning Grant application and authorizes the Manager to submit a HOPE I Planning Grant application to the U.S. Department of Housing and Urban Development.

This the 13th day of April, 1992.

Item 9 Ballet School of Chapel Hill Proposed Rezoning

Planning Director Roger Waldon said the subject property was currently zoned residential-5 and was encumbered by a special use permit. He noted that ballet school was currently under construction. Mr. Waldon stated that the proposed rezoning would promote the purposes of the Town's Comprehensive Plan. Mr. Waldon said the Manager's recommendation was adoption of an ordinance approving rezoning. Mayor Broun inquired what would be accomplished by adopting the ordinance. Mr. Waldon said it was preferable for the owner to have office and institutional instead of residential, zoning. He stated that the proposed zoning was more closely related to the proposed use at the site. Mr. Horton noted that lending institutions would likely feel more comfortable if the site had office and institutional zoning.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO ADOPT ORDINANCE 1.

Council Member Capowski asked whether zoning for the property would revert to residential-5 if the ballet school were closed. Mr. Horton said no, noting that the site could be used for a ballet school or another use meeting conditions of the special use permit.

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

AN ORDINANCE AMENDING THE CHAPEL HILL ZONING ATLAS (92-4-13/O-1)

WHEREAS, the Council of the Town of Chapel Hill has considered the application of the Ballet School of Chapel Hill to amend the Zoning Atlas to rezone property described below from Residential-5 to Office and Institutional-1 (Conditional Use Zoning), and finds that the amendment achieves the purposes of the Comprehensive Plan; and

WHEREAS, the Council finds that any approved special use under the Office and Institutional-1 Conditional Use District Zoning (O&I-1-C) would be suitable for the property proposed for rezoning under the current conditions attached to the approved Special Use Permit;

NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill that the Chapel Hill Zoning Atlas be amended as follows:

SECTION I

That the portion of the property identified as Chapel Hill Township Tax Map 46, Block A, Lot 3, located on the northwest side of East Franklin Street, west of the Elliott Road intersection, within the Residential-5 (R-5) zoning district, plus one-half the adjoining right-of-way of East Franklin Street, be rezoned from Residential-5 to Office and Institutional-1-C (Conditional Use Zoning). The portion of the lot which is currently in the Residential-1 (R-1) zoning district is not to be rezoned. The legal description of the entire property is as follows:

BEGINNING at an iron in the northwest margin of East Franklin Street, the southwest corner of Lot No. 5 as shown on Plat of the C.H. Pendergrass Property as recorded in Plat Book 1, at Page 111, Orange County Registry, and running thence with the line of said right-of-way South 42 deg. 40'00" West 98.11 feet to an iron in the margin of said right-of-way; running thence North 47 deg. 35'16" West 340.37 feet to an iron in the center of the Old Oxford Road (now abandoned); running thence along the center of the Old Oxford Road (now abandoned) North 29 deg. 44'44" East 41.00 feet to a stake; thence North 19 deg. 33'28" East 61.80 feet to an iron, the northwest corner of Lot No. 5; running thence along and with the line of Lot No. 5 South 47 deg. 45'54" East 373.80 feet to an iron in the margin of East Franklin Street, and being all of that same tract or parcel of land conveyed by Deed from William Walton Merritt, et ux. to Paul Crabtree, et ux. dated October 12, 1951 and recorded in Book 138, at Page 26, Orange County Registry, according to current survey prepared by Southeastern Surveys, Inc., dated June 6, 1989, entitled "Survey for Tendu Investments", to which survey reference is hereby made for a more particular description.

SECTION II

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

This the 13th day of April, 1992.

Item 10 Annexation of Springcrest Subdivision, Phases I and II

Mr. Horton noted that the proposed annexation had been made on the basis of a voluntary petition.

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

AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA (92-4-13/O-2)

WHEREAS, the Council of the Town of Chapel Hill has been petitioned under G.S. 160A-58.1, as amended, to annex the area described herein; and

WHEREAS, the Town Clerk has certified the sufficiency of said petition and a public hearing on the question of this annexation was held at the Chapel Hill Municipal Building, 306 North Columbia Street, Chapel Hill, N.C., 27516, at 7:30 p.m. on March 16, 1992 after due notice by publication on March 6 and March 15, 1992; and

WHEREAS, the Council of Chapel Hill further finds that the area described herein meets the standards of G.S. 160A-58.1(b), to wit:

a. The nearest point on the proposed satellite corporate limits is not more than three miles from the corporate limits of the Town,

b. No point on the proposed satellite corporate limits is closer to another city than to the Town,

c. The area described is so situated that the Town will be able to provide services on the same basis within the proposed satellite corporate limits that it provides within the primary corporate limits,

d. No subdivision, as defined in G.S. 160A-376, will be fragmented by this proposed annexation,

e. The area within the proposed satellite corporate limits, when added to the area within all other satellite corporate limits, does not exceed ten percent (10%) of the area within the primary corporate limits of the Town; and

WHEREAS, the Council does hereby find as a fact that said petition has been signed by all the owners of real property in the area who are required by law to sign and all other requirements of G.S. 160A-58.1, as amended;

WHEREAS, the Council further finds that the petition is otherwise valid, and that the public health, safety and welfare of the Town and of the area proposed for annexation will be best served by annexing the area described herein;

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

SECTION I

By virtue of the authority granted by G.S. 160A-58.2, as amended, the following described non-contiguous territory is hereby annexed and made part of the Town of Chapel Hill as of June 30, 1992.

The area (Springcrest Phases I & II) is described as follows:

BEGINNING at a point on the western right-of-way line of Erwin Road, said point having values in accordance with the North Carolina State Plane Coordinate Grid System of North 802,790.522 and East 1,995,361.521; thence South 81° 40' 51" West 157.99 feet to a point; thence South 25° 28' 38" West 210 feet to an existing iron rod; thence South 14° 22' 01" West 96.22 feet to an existing iron rod; thence South 08° 56' 08" West 210 feet to an existing iron rod; thence North 79° 04' 33" West 49.24 feet to an existing iron pipe; thence North 79° 10' 46" West 361.08 feet to an existing iron pipe; thence North 77° 27' 52" West 157.36 feet to a point; thence North 13° 53' 02" East 129.22 feet to a point; thence North 05° 06' 45" East 143.46 feet to a point; thence North 03° 32' 17" West 76.36 feet to a point; thence North 45° 00' 30" East 93.19 feet to a point; thence North 06° 19' 45" West 139.30 feet to a point; thence North 76° 49' 25" East 78 feet to a point; thence North 03° 08' 50" West 80.29 feet to a point; thence North 20° 31' 09" East 114.55 feet to a point; thence North 11° 28' 43" East 164.09 feet to a point; thence South 67° 31' 30" East 456.22 feet to an existing iron rod; thence South 59° 31' 22" East 287.37 feet to a point on the western right-of-way line of Erwin road; thence with said right-of-way line South 16° 07' 34" West 64.16 feet to a point; thence South 11° 53' 22" West 80.03 feet to a point thence South 09° 46' 04" West 53.77 feet to the point and place of BEGINNING, and containing 12.622 acres, more or less, and containing all lots in Springcrest Phases I and II.

SECTION II

From and after 11:59 p.m. of the 30th day of June, 1992, the effective date of this annexation, the above described territory 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. Said territory shall be subject to municipal taxes according to G.S. 160A-58.10.

SECTION III

The Manager of the Town of Chapel Hill shall cause to be recorded in the Office of the Register of Deeds of Orange County and the Orange County Board of Elections, and in the office of the Secretary of State at Raleigh, North Carolina, an accurate map of the annexed territory, described in Section I hereof, together with a duly certified copy of this ordinance.

SECTION IV

The Manager of the Town of Chapel Hill shall cause payments to be made to the rural fire department priorly serving the annexed territory, described in Section I hereof, in accord with G.S. 160A-58.2A.

This the 13th day of April, 1992.

Item 11 Firearms Regulations

Mr. Horton said he recommended that adoption of the proposed ordinance concerning the regulation of firearms and dangerous weapons. Town Attorney Ralph Karpinos said the matter of firearm regulations had been referred to staff on March 11th. Mr. Karpinos said after reviewing state and local regulations, additional regulation by the Town appeared to be reasonable and was consistent with the recommendations of the Task Force on Violent Crime and Illegal Drug Abuse. He said it appeared to prohibit weapons at street fairs, in buses, taxis and other means of public conveyance. Mr. Karpinos said the maximum penalty for violation of the ordinance provisions would be a five hundred dollar fine.

Council Member Chilton asked whether prohibitions concerning weapons on buses would apply when operations occurred outside the Town's boundaries. Mr. Karpinos said the prohibition was a statement of Town policy. He noted that service could be refused to those carrying dangerous weapons. Council Member Chilton inquired whether weapons would be permitted at street fairs for groups such as the National Rifle Association. Mr. Karpinos said permits would be available from the Police Department for organizations wishing to exhibit unloaded weapons.

Council Member Brown asked whether it was correct that weapons could not be discharged but could be possessed within Town limits. Mr. Karpinos said this was essentially correct, with exceptions being made for persons defending their property. Council Member Andresen said she endorsed the proposed ordinance. She stated that the ordinance was particularly appropriate for crowd situations and other large gatherings. Council Member Brown thanked Council Member Herzenberg, Mr. Horton and Mr. Karpinos for their roles in drafting the ordinance.

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

AN ORDINANCE TO PROHIBIT THE POSSESSION OF WEAPONS ON TOWN PROPERTY, AT STREET FAIRS AND IN TOWN BUSES, TAXIS AND OTHER MEANS OF PUBLIC CONVEYANCE (92-4-13/O-3)

WHEREAS, North Carolina law authorizes local government to regulate the use and display of firearms, within constitutional limitations; and,

WHEREAS, the Council of the Town of Chapel Hill believes that additional regulation on the use and display of firearms on Town Property and under other certain circumstances would promote the public health, safety and general welfare;

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

Section 1. Chapter 11, Article I of the Town Code is hereby amended by adding a new Section 11-15 and a new Section 11-16 to read as follows:

"Sec. 11-15. Prohibition on possession of weapons on Town property.

No person shall carry, possess or use any firearm or other dangerous weapon within any Town-owned facility or on any Town-owned property or on any property leased by the Town for Town purposes. This section shall not apply to law enforcement or other government personnel acting within the scope of their employment or to the possession of a firearm or other weapon on residential property, leased by the Town, by the resident of said property, provided said possession is within the residents own dwelling unit.

Violation of this section shall be a misdemeanor and shall be subject to a fine of $500. or imprisonment for not more than 30 days.

Sec. 11-16. Prohibition on possession of weapons on public streets temporarily closed to regular traffic for street fairs and other special events.

No person shall carry, possess or use any firearm or other dangerous weapon within any public right of way or street while such right of way or street is temporarily closed for a street fair, concert, art display, bicycle race or other special event. This section shall not apply to law enforcement or other government personnel acting within the scope of their employment. This section shall not apply to any person who obtains a permit to carry a weapon at such an event from the Chapel Hill Police Department where the carrying of such weapon is part of the display, program or event for which the street or right of way is temporarily closed.

Violation of this section shall be a misdemeanor and shall be subject to a fine of $500. or imprisonment for not more than 30 days."

Section 2. Chapter 11, Article VII of the Town Code is hereby amended by adding a new Section 11-84 to read as follows:

"Sec. 11-84. Prohibition on possession of weapons on Town buses.

No person shall carry, possess or use any firearm or other dangerous weapon while aboard a bus operated by the town. This section shall not apply to law enforcement or other government personnel acting within the scope of their employment.

Violation of this section shall be a misdemeanor and shall be subject to a fine of $500. or imprisonment for not more than 30 days."

Section 3. Chapter 20, Article I of the Town Code is hereby amended by adding a new Section 20-5 to read as follows:

"Sec. 20-5. Prohibition on possession of weapons in taxis and limousines.

No person shall carry, possess or use any firearm or other dangerous weapon while aboard any taxi or limousine or other means of public conveyance. This section shall not apply to law enforcement or other government personnel acting within the scope of their employment.

Violation of this section shall be a misdemeanor and shall be subject to a fine of $500. or imprisonment for not more than 30 days."

Section 4. This Ordinance shall become effective upon adoption.

This the 13th day of April, 1992.

Item 12 Church of the Holy Family Request for Expedited Review

Mr. Waldon said the Church of the Holy Family had presented a petition on March 23rd, and submitted an application on March 24th, requesting expedited review of a parking lot for the church. He stated that the application had been analyzed in terms of public purposes to be served by the proposal. Mr. Waldon said he could not identify any public purposes were to be achieved from expediting the application. He said the Manager's recommendation was adoption of Resolution A, to deny the request for expedited review. Mr. Waldon stated that the staff would follow the Council's direction on this request for expedited review.

Council Member Andresen asked whether the staff had been swayed by the argument that the project would provide parking for a day care facility. Mr. Waldon said although this use was included in the Town's Comprehensive Plan, only minor inconveniences would occur if the project received normal review.

Reverend Timothy Kimbrough stated that some items may have been overlooked in reviewing the request for expedited review. He said the proposed parking lot would include handicapped parking and access to the building. Reverend Kimbrough said parents of day care students were concerned about their youngster's safety. He stated that keeping parkers out of neighborhood driveways would provide a service to the community at large.

Council Member Rimer inquired whether the design of parking lots required a long time. Mr. Waldon said design did not involve an inordinate amount of time. He noted the need to examine stormwater issues. Council Member Rimer said review of the proposal did not appear to be very complicated. He stated that neighbors of the project would likely support the project. Mr. Horton said the staff was reluctant about judging whether or not a matter would be controversial. He stated that another item could be added to the June development public hearing agenda, at the Council's direction. Council Member Werner expressed concern about the potential for setting precedents by prioritizing review of projects. Council Member Werner said he saw no compelling reasons to expedite the proposal. Council Member Andresen said the project would provide additional parking, addressing safety concerns of parents of day care students.

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER WILKERSON, TO ADOPT RESOLUTION 4B.

Council Member Herzenberg said it would be unfair to bump other development proposals from the June public hearing schedule. Council Member Chilton inquired whether there was any indication from neighbors that the project would be controversial. Mr. Waldon said the application had been submitted about three weeks ago and consequently no comments had been received to date. Council Member Capowski asked whether it was too late to schedule the proposal for May public hearings. Mr. Waldon said yes. Council Member Capowski inquired about the difference in time resulting from expedited review. Mr. Waldon said the project could be considered at the June public hearing, instead of the September public hearing, with possible Council action occurring in July.

Council Member Brown said although she supported expedited review, she shared Council Member Herzenberg's concern about applications already in line. Council Member Rimer inquired whether it was possible to schedule another item for the June public hearing. Mr. Horton said yes. Council Member Werner said he thought the expedited review would necessitate bumping another application. Mr. Horton noted that the Council limited the number of development applications on one hearing agenda. He noted it was possible that advisory boards might have questions which could slow down the review process.

Council Member Andresen said she wondered why the Council had a rule limiting the number of applications considered on development hearing nights. Council Member Andresen said she favored having the policy disbanded. Council Member Capowski requested that the staff provide a report on April 27th noting whether any objections to the project had been received.

Council Member Werner said it was still not clear what the Council was being asked to do. Mayor Broun said the request was for expedited review, with the staff working with the applicant to prepare an item for consideration at the Council's June development public hearings. Council Member Werner asked whether the staff was being instructed to work a little faster on the proposal. Council Member Andresen said yes. Mayor Broun noted that if the proposal were sent back by an advisory board or commission, it would not be included in the June public hearing. Mr. Waldon noted that the hearing schedule for June had not been determined. Council Member Chilton said the proposed resolution implied that a public purpose would be served. Council Member Chilton said he was not sure there was a compelling reason to grant expedited review. Council Member Chilton proposed a friendly amendment, eliminating references to serving a public purpose. Council Member Brown requested the Manager's comment on the proposed resolution. Mr. Horton said if the project were non-controversial, it would be easier to place on the public hearing schedule.

THE MOTIONER AND SECONDER CONCURRED WITH THE FRIENDLY AMENDMENT. THE RESOLUTION AS AMENDED WAS PLACED ON THE FLOOR AND ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION GRANTING EXPEDITED REVIEW STATUS TO THE CHURCH OF THE HOLY FAMILY FOR PARKING LOT DEVELOPMENT PROPOSAL (92-4-13/R-4b)

WHEREAS, the Council of the Town of Chapel Hill has considered the request from the Church of the Holy Family to grant expedited review for the proposed parking lot addition;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby requests the Town Manager to put this item on the June Public Hearing, if possible.

This the 13th day of April, 1992.

Item 13 Report by Orange County Economic Development Commission

Mr. Horton thanked Ted Abernathy, Executive Director of the Orange County Economic Development Commission, for his good working relationship with Town staff.

Mr. Abernathy invited the Council to call on himself or the Town's appointee to the Orange County Economic Development Commission (OCEDC), Bill Bracey. He said the Small Business and Technology Development Center was opening a branch office in the southern part of Orange County. Mr. Abernathy said the grand opening would take place on Tuesday, April 21st. He also noted that the Orange County Visitor's Bureau would be operating within the next few months. Mr. Abernathy said the OCEDC was extensively involved with shepherding of development projects. He said the Economic Development Commission was offering mini-tours of Orange County businesses to interested persons, including the Mayor and Council.

Council Member Andresen said she enjoyed working with Mr. Abernathy on the Orange County Visitor's Bureau Board and Selection Committee. She expressed hope that Mr. Abernathy had received a good reception from planning staff concerning the relocation of businesses. Mr. Abernathy said the planning staff was responsive and helpful on a variety of public policy issues. Council Member Andresen said she hoped that steps could be taken to reverse the trend of high rents in the downtown area. Mr. Abernathy said these trends were difficult to reverse. Council Member Capowski said he hoped that the Small Business and Technology Development Center was receiving cooperation from the University. Mr. Abernathy said he was receiving good cooperation.

Item 14 Consent Agenda

Council Member Brown requested the removal of item "f" from the consent agenda. Mayor Broun recognized Robert Humphries for his efforts relative to the Teen Center.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT THE CONSENT AGENDA, EXCEPTING ITEM F. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION APPROVING VARIOUS RESOLUTIONS AND ORDINANCES

(92-4-13/R-5)

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 March 11, 16, 17 and 23, 1992.

b. Transit and land use guidelines (R-6).

c. Volunteer fire department contracts (R-7).

d. Revised ordinance penalties (O-4, R-8).

e. Teen Center lease agreement (R-9).

f. Appearance awards program (R-10).

g. Composition of Library Board of Trustees

(R-11, O-5).

This the 13th day of April, 1992.

A RESOLUTION REFERRING A REPORT ON LAND USE AND DEVELOPMENT STANDARDS TO SUPPORT TRANSIT (92-4-13/R-6)

WHEREAS, the Planning Directors of the Research Triangle Region have prepared a report recommending consideration of development standards and land use policies that would support public transit operations; and

WHEREAS, the concept of supporting public transit is one of the foundations of Chapel Hill's Comprehensive Plan;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council asks for review of this report by the Planning Board, Transportation Board, and Town Manager.

BE IT FURTHER RESOLVED that these Boards and the Town Manager are requested to determine which recommendations from the report are most applicable to Chapel Hill, and which of our regulations or policies would need to be adjusted to accomplish what is suggested in the report.

This the 13th day of April, 1992.

A RESOLUTION AUTHORIZING A CONTRACT WITH THE NEW HOPE VOLUNTEER FIRE DEPARTMENT (92-4-13/R-7)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Town Manager to enter into a five-year agreement pursuant to State law with the New Hope Volunteer Fire Department for services to the Chandler's Green phase II annexation area described in the annexation ordinance (92-3-11/0-2) adopted on March 11, 1992. Such agreement shall provide that the Town will pay annual payment amounts calculated as the product of (1) the applicable fire district tax rate in effect on the date of adoption of the resolution of intent to consider annexing the area, (2) the annual County property valuations for the applicable annexed fire district area, and (3) 50%.

This the 13th day of April, 1992.

AN ORDINANCE ESTABLISHING INCREASED PENALTIES FOR VIOLATION OF CERTAIN TOWN ORDINANCES (92-4-13/O-4)

WHEREAS, the North Carolina General Assembly in 1991 enacted an amendment to General Statute 14-4 providing that violations of municipal ordinances are subject to an increased fine of up to $500; and,

WHEREAS, the 1991 Legislation requires that in order for the authorized fines to be greater than $50.00 the Ordinance must expressly state what the maximum fine is;

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

Section 1. Section 4-6 of the Town Code is hereby amended by deleting the period at the end of the section and adding the following:

"and be subject to a fine of $500 or imprisonment for not more than 30 days."

Section 2. Section 4-9(b) of the Town Code is hereby amended by deleting the period at the end of the section and adding the following:

"and be subject to a fine of $500 or imprisonment for not more than 30 days."

Section 3. Section 4-15(b) of the Town Code is hereby amended by deleting the period at the end of the section and adding the following:

"and be subject to a fine of $500 or imprisonment for not more than 30 days."

Section 4. Section 4-16 of the Town Code is hereby amended by adding a new paragraph (n) to read as follows:

"(n) Violation of this section is a misdemeanor and is subject to a fine of $500 or imprisonment for not more than 30 days."

Section 5. Chapter 8, Article 1 of the Town Code is hereby amended by adding a new Section 8-11 to read as follows:

"Section 8-11. Penalties.

Any violation of Sections 8-1, 8-3, 8-4, 8-6 or 8-10 shall constitute a misdemeanor as provided by G.S 14-4 and shall subject the violator to a fine of $500 or imprisonment for not more than 30 days."

Section 6. Chapter 8, Article 2 of the Town Code is hereby amended by adding a new Section 8-44 to read as follows:

"Section 8-44. Penalties.

Any violation of Sections 8-23, 8-24, 8-24.1, 8-25, 8-26, 8-29 through 8-34, or 8-42 shall constitute a misdemeanor as provided by G.S 14-4 and shall subject the violator to a fine of $500 or imprisonment for not more than 30 days."

Section 7. Section 9-36 of the Town Code is hereby amended by deleting the period at the end of the second paragraph and adding the following:

"and shall subject the violator to a fine of $500 or imprisonment for not more than 30 days."

Section 8. Chapter 9, Article IV of the Town Code is hereby amended by adding a new Section 9-70 to read as follows:

"Section 9-70. Penalties.

A violation of any provision of this Article shall constitute a misdemeanor, as provided by G.S 14-4 and shall subject the violator to a fine of $500 or imprisonment for not more than 30 days."

Section 9. Section 9-114 of the Town Code is hereby amended by adding a new third paragraph to read as follows:

"A violation of this section shall constitute a misdemeanor, as provided by G.S 14-4 and shall subject the violator to a fine of $500 or imprisonment for not more than 30 days."

Section 10. Chapter 9, Article VIII of the Town Code is hereby amended by adding a new Section 9-131 to read as follows:

"Section 9-131. Penalties.

A violation of Section 9-129 or 9-130 shall constitute a misdemeanor, as provided by G.S 14-4 and shall subject the violator to a fine of $500 or imprisonment for not more than 30 days."

Section 11. Section 9-158 of the Town Code is hereby amended adding the following language:

"Violation of this section is a misdemeanor and is subject to a fine of $500 or imprisonment for not more than 30 days."

Section 12. Section 10-38 of the Town Code is hereby amended by deleting the language "fifty dollars ($50.00)" in the last sentence and adding the language "five hundred dollars ($500.00)."

Section 13. Section 11-6 of the Town Code is hereby amended by adding a second paragraph to read as follows:

"Violation of this section shall constitute a misdemeanor and each violation is punishable by a fine of up to five hundred dollars ($500.00) or imprisonment for not more than 30 days."

Section 14. Section 11-11 of the Town Code is hereby amended by adding a second paragraph to read as follows:

"Violation of this section shall constitute a misdemeanor and each violation is punishable by a fine of up to five hundred dollars ($500.00) or imprisonment for not more than 30 days."

Section 15. Chapter 11, Article II of the Town Code is hereby amended by adding a new Section 11-27 to read as follows:

"Sec. 11-27. Penalties.

A violation of Sections 11-22, 11-23, 11-24 and 11-26 shall constitute a misdemeanor and shall subject the violator to a fine of $500 or imprisonment for not more than 30 days."

Section 16. Section 11-42(b) of the Town Code is hereby amended by deleting the language "fifty dollars ($50.00)" and adding the words "five hundred dollars ($500.00)."

Section 17. Section 12-4 of the Town Code is hereby amended by deleting the period at the end of the section and adding the following:

"and be subject to a fine of $500 or imprisonment for not more than 30 day."

Section 18. This Ordinance shall become effective July 1, 1992.

This the 13th day of April, 1992.

A RESOLUTION REFERRING TO THE PLANNING BOARD A PROPOSAL TO INCREASE THE CRIMINAL PENALTIES FOR VIOLATIONS OF THE TOWN DEVELOPMENT ORDINANCE (92-4-13/R-8)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby refers to the Planning Board for its consideration and recommendation the proposed ordinance submitted by the Town Manager and Town Attorney to increase the criminal penalties for violations of the Town's Development Ordinance.

This the 13th day of April, 1992.

A RESOLUTION RENEWING A LEASE FOR A PORTION OF THE POST OFFICE/COURT BUILDING FOR USE AS A TEEN CENTER (92-4-13/R-9)

WHEREAS, the Council of the Town of Chapel Hill, on March 26, 1990, pursuant to G.S. 160A-272, authorized the Manager to enter into a lease for a portion of the Post Office/Court Building for a Teen Center; and

WHEREAS, the term of said lease was for one year, beginning on April 16, 1991, and ending on April 16, 1992; and

WHEREAS, Franklin Street Teen Center, Inc. entered into a lease with the Town for approximately 2,400 square feet of space in the basement of the Post Office/Court Building on April 16, 1991, and has requested that the lease be renewed;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves of, and authorizes the Town Manager to enter into on behalf of the Town, a renewal agreement for the lease to the Franklin Street Teen Center, Inc. of approximately 2,400 square feet in the basement of the Post Office/Court Building, at 179 East Franklin Street, for the operation of a Teen Center, for a term of one year commencing on April 16, 1992, said agreement to contain language substantially the same as contained in the attached lease agreement.

This the 13th day of April, 1992

A RESOLUTION AMENDING THE TOWN COUNCIL PROCEDURES MANUAL CONCERNING MEMBERSHIP OF THE LIBRARY BOARD OF TRUSTEES (92-4-13/R-11)

WHEREAS, the Board of Trustees of the Chapel Hill Public Library has voted to request the Town Council's approval for increasing the number of the Library Board of Trustees from six to seven; and

WHEREAS, the Town Council Procedures Manual currently specifies that there are six Library trustees;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that language on page twenty-nine of the Town Council Procedures Manual is amended as follows:

(2) Number and type of members. There are seven (7) members.

This the 13th day of April, 1992.

AN ORDINANCE AMENDING SECTION 2-141 OF THE TOWN CODE OF ORDINANCES PERTAINING TO MEMBERSHIP AND TERMS OF THE LIBRARY BOARD OF TRUSTEES (92-4-13/O-5)

WHEREAS, the Board of Trustees of the Chapel Hill Public Library has voted to request the Town Council's approval for increasing the number of Library Board trustees from six to seven; and

WHEREAS, Section 2-141 of the Town's Code of Ordinances concerning membership and terms of the Library Board of Trustees does not specify a number of trustees;

NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill that Section 2-141 of the Town's Code of Ordinances is amended as follows:

Section 2-141. Membership; terms.

The Library Board of Trustees shall consist of seven (7) appointed members as hereinafter provided. Their terms of office shall be four (4) years or until their successors are appointed and qualified.

The terms of members appointed prior to May 1, 1980 shall be continued for the term of the original appointments. When such terms expire, the new terms shall be filled in accordance with this article. The terms of all members shall expire on June 30th. (Ord. No. 0-80-32B, 5-25-80).

This the 13th day of April, 1992.

Council Member Brown requested that the staff provide budget alternatives for the proposed annual appearance awards program proposal.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 10. THE MOTION WAS ADOPTED UNANIMOUSLY

(9-0).

A RESOLUTION AUTHORIZING INITIATION OF AN APPEARANCE AWARDS PROGRAM (92-4-13/R-10)

WHEREAS, the Chapel Hill Appearance Commission has developed a proposed program to recognize contributions to the appearance of the Town from citizens, businesses, developers, and other community groups; and

WHEREAS, the Commission presented its proposal to the Town Council on March 23, 1992; and

WHEREAS, the initiation of an annual awards program could have significant benefits for the community;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Appearance Commission to initiate an Annual Appearance Awards Program, as outlined in a March 23, 1992 memorandum to the Council.

BE IT FURTHER RESOLVED that the Council extends its appreciation to the Appearance Commission for initiating this new idea.

This the 13th day of April, 1992.

Item 15 Information Reports

Council Member Herzenberg thanked the Manager for the information reports. Council Member Capowski inquired about plans for the Hector's Building. John Paliouras said construction of the building had commenced with foundation work and support of the second floor and roof. He stated that there had been a lot of misinformation about the status of the project. Council Member Andresen said she was glad to see that progress was being made.

The meeting concluded at 11:03 p.m.