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

OF CHAPEL HILL, MONDAY, JANUARY 11, 1993 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, Barbara Powell, Alan Rimer and Arthur Werner. 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.

Mayor Broun requested that Bill Gentry of the State North Carolina Division of Emergency Management and Orange County Emergency Management Director Nick Waters come forward. Mr. Waters noted that following the destruction created by Hurricane Andrew, he had been contacted by emergency management officials in Florida, requesting assistance. Mr. Waters stated that the Town's emergency response team, consisting of Public Works employees had carried out their duties in an energetic and professional manner.

Mr. Gentry said the State of North Carolina and the Governor's Office wished to present a certificate and a plaque commending the efforts of Chapel Hill Public Works employees Jim Caldon, Joe Campbell, Burt Johnson, Tommy Sanford, John Scott and Paul Spire. Jim Caldon came forward to receive congratulations from Mayor Broun and Mr. Gentry. Mayor Broun thanked Public Works Director Bruce Heflin for making staff and equipment available for the special effort.

Mayor Broun also noted that the Town had recently received resolutions of appreciation from the Town of Hillsborough and Orange County for tornado disaster relief provided by Town staff. Mayor Broun said he was pleased to accept the resolutions on the Town's behalf.

Item 3 Petitions

Ron Strom, managing general partner of Chapel Hill North Partners, requested that a corridor study of Eubanks Road be undertaken in the near future. Mr. Strom stated that the study would play an integral role in determining future proposed land uses in the area. He also said that corridor studies took approximately six months to complete while area studies took up to two years. Mr. Strom said a corridor study could serve as an important underpinning for the Chapel Hill North Special Use Permit.

Council Member Rimer inquired about the primary basis for Mr. Strom's request. Mr. Strom said he wanted to see the Chapel Hill North parcel in a broader light in relation to other parcels in the area. Noting the utility of the East Franklin Street corridor study, Council Member Rimer said a corridor study was a good idea which could provide useful information. Council Member Andresen inquired whether a small area study was proposed for the northern

area, including Eubanks Road. Mr. Horton said this approach had been suggested by the Council. Council Member Brown inquired about the status of the northern small area plan. Planning Director Roger Waldon said that staff was preparing a report outlining alternatives for proceeding with the small area plan. He added that a report on the concept of a Eubanks Road corridor study could be included in the item.

Noting the success of the southern small area plan, Council Member Brown said she favored a small area plan for the northern area. Council Member Capowski inquired when the special use permit for Chapel Hill North was issued. Mr. Strom said the permit was issued in April, 1991. Council Member Capowski inquired about the status of the project's construction and design. Mr. Strom said the overall master plan was being actively marketed. Council Member Capowski inquired about the likelihood of the Chapel Hill North Partners actually developing the property. Mr. Strom said certain components could be developed within the next fifteen months. He added that some core and larger phases of the project might be more difficult to be accepted in the marketplace. Mr. Strom also stated that a less dense development might be implemented.

Council Member Werner asked whether a corridor study was a subset of a small area plan. Mr. Waldon said although they were generally separate processes, corridor studies could be considered subsets of small area plans. He added that small area plans were very comprehensive, covering a wide range of issues. Council Member Werner said he did not understand how the requested corridor study would impact the Chapel Hill North special use permit. Mr. Waldon said the study might or might not impact the permit. He added that the study could suggest possible future land uses for the Eubanks Road/Interstate 40 area. Council Member Werner asked whether this approach was similar to reviewing the Town's mixed‑use ordinance. Mr. Waldon said this was correct in terms of examining the Interstate 40 interchange.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO REFER THE MATTER TO THE MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (9‑0).

Ron Ragan, owner and operator of East Franklin Car Care, said he needed to enlarge the salesroom and install updated gasoline tank monitoring facilities at his service station. Mr. Ragan requested assistance in expediting the review of the Special Use Permit for his project. Mayor Broun asked whether Mr. Ragan had discussed his request with Town staff. Mr. Ragan said yes. He noted that the staff had estimated that the review would take six to eight months. Mr. Horton suggested that the staff meet with Mr. Ragan to discuss his request. Council Member Andresen noted that the Council had previously approved some requests for expedited review. Mayor Broun expressed appreciation to Mr. Ragan for bringing his request before the Council and staff.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO REFER THE MATTER TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9‑0).

Council Member Brown said she had been contacted by a constituent who was concerned about smoking in the lobby of the East Franklin Street post office. She requested that the staff provide a report on possible smoking restrictions in the lobby. Council Member Herzenberg inquired whether it was correct that the Town's smoking ordinance did not have restrictions for the post office lobby. Mr. Karpinos said this was correct. Council Member Capowski inquired whether smoking was prohibited in the Town's library. Mr. Karpinos said this prohibition was specifically included in the Town's smoking ordinance. Council Member Brown said she would appreciate a follow‑up report from the staff. Mr. Horton said the staff would do so.

Noting that the North Carolina Tarheels football team had won the Peach Bowl on January 2nd, Mayor Broun said he had participated in a victory celebration on the University campus earlier in the day. Mayor Broun stated that unanimous consent was being requested for a resolution praising the football team's victory. Council Member Rimer suggested that other area university team's championships also be recognized with similar congratulatory resolutions.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO BRING THE MATTER FORWARD. THE MOTION WAS ADOPTED UNANIMOUSLY (9‑0).

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT THE RESOLUTION.

Council Member Chilton read the following proposed resolution:

A RESOLUTION PRAISING THE TARHEELS' VICTORY IN THE PEACH BOWL

WHEREAS, the Chapel Hill community is proud to be the home of the University of North Carolina and the Tarheels; and

WHEREAS, the University of North Carolina has a proud tradition of outstanding achievement in both academics and athletics; and

WHEREAS, the University of North Carolina Tarheels defeated Mississippi State University in the Peach Bowl in Atlanta, Georgia, on Saturday, January 2, 1993; and

WHEREAS, the Tarheels thereby completed the 1992-93 season with an excellent record of nine victories and only three losses; and

WHEREAS, the Tarheels were also ranked in national polls of the top collegiate football teams in the United States;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby commends and expresses its admiration to the University of North Carolina Tarheels and Coach Mack Brown for their many victories in the 1992‑93 season and for bringing the 1993 Peach Bowl trophy to the University and the greater Chapel Hill community.

This the 11th day of January, 1993.

THE MOTION WAS ADOPTED UNANIMOUSLY (9‑0).

Item 4 Boards and Commissions

Mr. Horton reviewed the proposed schedule for nominations and appointments to advisory boards and commissions. He said the adoption of Resolution 1 was recommended. Council Member Andresen inquired whether modifications were proposed in the board and commission appointment process. Mr. Horton said the Council's Committee on Procedures was reviewing procedures for board and commission appointments. Council Member Andresen inquired why all board and commission terms expired in May or June. She noted that this timing made it somewhat awkward for some people to participate. Mayor Broun suggested that procedures might be modified so that some terms would expire in September or October. Council Member Herzenberg noted that at one time, half the appointments were made in June, while the balance occurred in December. He suggested that staff might be able to provide additional information on this former practice.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 1. THE MOTION WAS ADOPTED UNANIMOUSLY (9‑0).

Mayor Broun said he was pleased to announce that the Leadership Committee of the Violent Crime and Drug Abuse Program was recommending the appointment of Jacques Schier as the program's volunteer coordinator. Mayor Broun suggested that the Council appoint Mr. Schier this evening.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO APPOINT JACK SCHIER AS THE VOLUNTEER COORDINATOR OF THE VIOLENT CRIME AND DRUG ABUSE PROGRAM. THE MOTION WAS ADOPTED UNANIMOUSLY (9‑0).

Mayor Broun said the Bicycle Advisory Committee was recommending the appointment of Fletcher Fairey to the Bolin Creek Greenway Advisory Committee. He also noted that the Parks and Recreation Commission recommended the appointment of Lewis Orde as its representative on the committee.

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO APPOINT FLETCHER FAIREY AND LEWIS ORDE TO THE BOLIN CREEK GREENWAY ADVISORY COMMITTEE. THE MOTION WAS ADOPTED

UNANIMOUSLY (9‑0).

Mayor Broun noted that no applications had been received to fill three vacancies on the Town's Ad Hoc Tree Committee. Noting that he wished to serve as a representative on the committee, Council Member Herzenberg said he would attempt to solicit applicants for the Ad Hoc Tree Committee and Greenways Commission at an upcoming Sierra Club meeting. Council Member Andresen suggested that the committee could take an active role in tree planting programs. Council Member Herzenberg said the committee would pursue this matter further. Council Member Brown inquired about the possibility of Council Member Herzenberg serving as the committee's chair. Council Member Herzenberg said he would explore this possibility with the committee.

COUNCIL MEMBER POWELL MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO NOMINATE COUNCIL MEMBER HERZENBERG TO SERVE ON THE AD HOC TREE COMMITTEE. THE MOTION WAS ADOPTED UNANIMOUSLY (9‑0).

Mayor Broun noted that two applications had been received to fill a vacant seat on the Housing Advisory Board.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO NOMINATE JOHN H. KNIGHT, JR. AND DOUGLAS MITCHELL FOR FUTURE APPOINTMENT CONSIDERATION. THE MOTION WAS ADOPTED UNANIMOUSLY (9‑0).

Mayor Broun noted that no applications had been received to fill a vacancy on the Greenways Commission. Council Member Andresen suggested that the Council initiate special recruiting effort to fill the vacancy created by Mr. Terry's resignation. Council Member Herzenberg expressed hope that Mayor Broun would write a strong letter of appreciation to Mr. Terry for his contributions to the community. Mayor Broun said he would do so.

Item 5 Proposed Transportation Improvements Program

Transportation Planner David Bonk said the Town's element of the program was a part of a regional process. He added that the proposed program would be submitted to the State's Department of Transportation. Mr. Bonk stated that the Transportation Improvements Program listing before the Council was largely a continuation of priorities established in previous years. He said that new federal transportation legislation required submittal of a combined listing of proposed projects. Mr. Bonk said negotiations continued with City of Durham officials concerning funding for NC 86 roadway improvements. He also briefly reviewed the proposed State Transportation Improvements Program, including the widening of U.S. 15-501 South.

Mr. Bonk said the only proposed new project in the three year listing, other than public transit items was the addition of a proposed high‑occupancy vehicle bus lane along U.S. 15‑501. He stated that public transit projects were moved to the top of priority listings. Mr. Bonk also noted that projects previously identified for State funding were listed separately.

Ed Harrison, representing the Cross‑County Community Association, emphasized the importance of public participation by landowners in planning projects such as the improvement of Pope Road. Mr. Harrison said the Cross‑County Community Association owned land in the Pope Road area and the Triangle Land Conservancy was in the process of purchasing thirty‑two acres in the area. He stated that Cross‑County Community Association sought greater efforts to enforce speed limits on Pope Road.

Council Member Capowski inquired about the status of funding for the NC 86 improvement project. Mr. Bonk said that funding for roadway improvements had been allocated. He added that the staff anticipated getting a portion of funds for bikeway, sidewalk and median improvements. Mr. Horton noted that staff was exploring options for a narrower median as part of the roadway project. Council Member Capowski urged the staff to continue exploring alternatives to single‑occupant automobiles. He requested a clarification of funding sources. Mr. Bonk said about ninety‑five percent of Federal transit project funding was administered by the State of North Carolina while a small portion was administered by the local Transportation Advisory Committee. Council Member Capowski inquired about the extent of public involvement in designing the Ash Road pedestrian and bicycle bridge over Morgan Creek. Mr. Bonk said the proposal had been the subject of some discussion at advisory board meetings and Council hearings. Council Member Andresen inquired whether the installation of a bicycle lane on Caswell Road would necessitate the removal of existing curbs. Mr. Bonk said there was very little curb and gutter in the area.

Council Member Capowski inquired whether the Town's Transportation and General funds would continue to be separate in light of recent legislation. Mr. Horton said it was advisable to keep transportation funds in enterprise accounts for accounting purposes. Council Member Brown inquired about the proposed timetable for studies concerning the possible widening of U.S. 15-501 and Jack Bennett Road. Mr. Bonk said the studies had been delayed, while the actual construction projects had been moved back in the State's Transportation Improvements Program. Mr. Bonk also said he expected the State to perform the studies during the next fiscal year. Council Member Brown said it would be a good idea to provide both bicycle facilities and a sidewalk along North Columbia Street. Mr. Bonk said a proposed change in the State's policy would have permitted this arrangement. He added that the proposed change in policy had been deferred to the Hunt Administration's Transportation Board. Council Member Brown inquired whether there were any physical limitations precluding the installation of both sidewalks and a bikeway in the area. Mr. Bonk said he was not sure of the right‑of‑way width in the area. Mr. Horton said it would be necessary to undertake an engineering design of the proposed project to answer Council Member Brown's questions.

Council Member Brown inquired about the possibility of adding bicycle lanes as a component of the Estes Drive widening project. Mr. Bonk said this posed a number of practical problems. Council Member Brown said she would support the inclusion of the bicycle facilities along North Columbia Street from Longview to Stephens Street and the bicycle facility projects suggested by the CrossCounty Communities Association in the recommended Transportation Improvement Program. Council Member Brown inquired about the process for inclusion of University proposals in the program. Mr. Bonk said although the State of North Carolina entertained requests from the University separately, the Transportation Advisory Committee had made it clear that the preferable process was for such requests to be considered by the committee. Council Member Brown inquired about possible reasons for the decline in the number of bus passes sold. Mr. Godding said there had been a change in the University's policy in issuing passes for outlying lots, with ticket booklets being sold in lieu of bus passes.

Council Member Brown inquired about the allocation of local costs for transit capital. Mr. Godding said local shares for bus costs were charged back to the University and the Town of Carrboro. Council Member Herzenberg suggested that staff devise a timely way for residents to learn more about the proposed bicycle and pedestrian bridge over Morgan Creek along Ash Road. Council Member Andresen asked how many of the proposed projects might receive funding. Mr. Bonk said this would depend on the status of federal funding and the new administration's commitment to infrastructure priorities. Mr. Horton said the Town would be very fortunate to find all the necessary federal funding for the first item on the list, the purchase of sixteen buses. He also noted that a number of the Town's buses were past the recommended federal retirement age and that the Town would like to purchase more than sixteen new buses.

Council Member Werner asked whether it was likely that only the first priority would received funding. Mr. Horton said he believed this would be the case in fiscal year 1993-94. He also noted that the replacement of buses was an expensive proposition. Council Member Werner suggested that staff provide separate priority listings by types of available funding sources and timeframes for projects. Mayor Broun suggested that an overview of a project wish list might be helpful. Mr. Horton noted that negotiations continued with the Transportation Advisory Committee and the State of North Carolina. Council Member Andresen requested additional information concerning the impact of bus acquisitions on the Transportation Fund. Mr. Godding said the most significant impact would depend upon what occurred concerning federal funding.

Council Member Chilton asked how much pavement would be provided as a result of the widening of Estes Drive. Mr. Bonk said there would be approximately four feet more of paving width, with virtually no shoulders. Council Member Chilton requested additional information concerning the proposed improvement at Franklin and Boundary Streets. Mr. Bonk briefly reviewed the proposed improvements, noting that they were tied to the East Franklin Street corridor study. Council Member Chilton said he found it surprising that Erwin Road improvements were listed as the thirteenth priority on a thirteen priority list. Council Member Werner suggested that bikeway, transit and roadway projects be listed in separate priority listings. Council Member Andresen said it would be very helpful to have area maps to help visualize the location of proposed projects.

Noting that the replacement of twenty‑eight buses at a cost of $7 million was proposed, Council Member Capowski inquired about the age of buses in the Town's fleet. Mr. Godding said federal policy suggested that buses be replaced every twelve years. He noted that the Town had a total of fifty‑four buses, twelve of which were purchased in 1980 and twelve others which were purchased in 1982. Mr. Godding also noted that eighteen to twenty‑four months lead time were required for bus replacements. Council Member Capowski stated that bus funding projects competed with other local transit projects. He inquired how much was taken away from bike paths and other similar non‑bus projects. Mr. Godding said that surface transportation funding could be used for a variety of types of projects. Council Member Capowski inquired how much funding was involved. Mr. Godding said no specific amount of federal discretionary funding had been determined. Council Member Capowski asked whether it was most practical to initiate a circulating system for bus replacement. Mr. Godding said buying a small number of buses each year was one way to address the situation. He added that this had the possible effect of increasing the need for the number of spare parts, driver and maintenance training by increasing the number of bus makes and models. Mayor Broun suggested that the Council might want to meet with members of the Transportation Board to further discuss these matters.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 2.

Council Member Chilton asked whether there was any settlement to amend the program concerning the Cross-County Community Association's request. Mr. Bonk noted that any changes would need to be made as a part of the resolution. Council Member Brown said she wished to amend the resolution to include pedestrian and bicycle facilities in item eight on page nine (bicycle and sidewalk facilities on North Columbia Street between Longview Street and Stephens Street) and add the Cross‑County Communities Association request for bicycle facilities on Pope Road. Council Members Herzenberg and Chilton concurred with the proposed friendly amendments.

Council Member Werner inquired about the likelihood of providing bicycle carriers on buses. Mr. Godding said staff was continuing to explore the installation of racks on the outside or inside of buses. He also noted that racks could possibly be specified when purchasing new buses. Council Member Powell inquired how many bicycles the racks would accommodate. Mr. Godding said two. Council Member Capowski inquired what Resolution 2 authorized. Mr. Horton said Resolution 2 authorized the submittal of proposed transportation priorities for comparison with other transit priorities in the Durham urban area. He also noted that the Resolution would authorize a bargaining process which the Mayor, as the Council's Transportation Advisory Committee representative, would lead. Mr. Horton said no money would be expended without Council action on the priorities.

RESOLUTION 2, AS AMENDED, WAS ADOPTED UNANIMOUSLY (9‑0).

A RESOLUTION APPROVING TRANSPORTATION PRIORITIES TO BE SUBMITTED TO THE NORTH CAROLINA BOARD OF TRANSPORTATION AND THE DURHAM URBAN AREA TRANSPORTATION ADVISORY BOARD FOR INCLUSION IN THE DURHAM URBAN AREA TRANSPORTATION IMPROVEMENT PROGRAM AND NORTH CAROLINA TRANSPORTATION IMPROVEMENT PROGRAM (93‑1‑11/R‑2)

WHEREAS, it is the policy of the Town of Chapel Hill to develop a balanced transportation system for the citizens of Chapel Hill, to include roadways, public transit services, bicycle and pedestrian facilities; and

WHEREAS, the Durham Urban Area Transportation Advisory Committee and the State of North Carolina each prepare Transportation Improvement Programs that identify funding priorities for transportation projects; and

WHEREAS, the Town of Chapel Hill has considered its transportation needs and identified projects that would meet the Town's transportation goals;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council adopts a priority listing of transportation projects within the community, as set forth in the attached lists.

BE IT FURTHER RESOLVED that the Council directs the Town Manager to transmit these adopted priorities to the Durham Urban Area Transportation Advisory Committee and the North Carolina Department of Transportation for their consideration in preparing their Transportation Improvement Programs.

This the 11th day of January, 1993.

Item 6 Midway Development Commission Funding Request

Mr. Horton presented an overview of the proposal, noting that the staff recommended entering into a performance agreement with the Midway Development Commission. Mr. Horton also briefly outlined the proposed services for inclusion in the performance agreement. Council Member Andresen inquired about the extent of the Council's follow‑up in the event that the $6,000 were approved. Mr. Horton said he expected that the Commission would return in the spring with a proposal for a revitalization project in the Midway area. He stated that hard business tests could be applied to this proposal. Noting that the proposal might compete against the use of funds for the renovation of public housing units, Council Member Andresen said the proposal was a good concept and experiment. She also said that projects of this type should not be a financial drain on the Town. Council Member Andresen asked what questions the Council should ask of sponsors of the project, such as the proposal's financial structure.

Council Member Werner asked how the proposal interacted with the Rural Opportunities Corporation (ROC). Mr. Horton said that ROC envisioned creation of a small business incubator while Midway foresaw a broader mission. He added that the projects could possibly be complementary, rather than conflict with each other. Council Member Werner inquired whether it was possible to make receipt of the grant contingent upon receiving funding from other bodies, including the Town of Carrboro. Mr. Horton said $6,000 was adequate funding to accomplish the four items outlined in the performance agreement using the Orange County Economic Development Commission and other local economic development resources.

Council Member Capowski inquired whether the Commission had received any other portions of its funding request. James Brittain indicated that there had been no other firm funding commitments to date. Council Member Herzenberg said he supported Council Member Werner's point concerning the need for the Town of Carrboro's financial support for the proposal. He said that such a commitment would be very helpful, if not essential. Council Member Capowski said the proposal was a good idea and involved a risk worth taking.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 3.

Mayor Broun said he strongly supported the proposal and adoption of the resolution. He added that the use of seed money for the community development program was a good idea. Council Member Powell said she strongly supported the Midway Development Commission's efforts. She said she saw the program as a beginning, rather than taking a risk.

RESOLUTION 3 WAS ADOPTED UNANIMOUSLY (9‑0).

A RESOLUTION AUTHORIZING A PERFORMANCE AGREEMENT FOR PREPARATION OF A PRELIMINARY CONCEPT PROPOSAL FOR AN ECONOMIC DEVELOPMENT PROJECT FOR THE MIDWAY AREA (93‑1‑11/R‑3)

WHEREAS, the Midway area of Chapel Hill and Carrboro is in need of leadership, ideas and energy to attract capital for commercial and residential development;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to enter into, on behalf of the Town, a performance agreement with the Orange‑Chatham Community Development Corporation incorporating the principal ideas contained in the Manager's report on this matter dated January 11, 1993.

This the 11th day of January, 1993.

Item 7 Taxicab Driver Permit Regulations

Mr. Karpinos noted that the Town Manager had revoked Mr. Lacey Reeves' taxicab driver permit as required by provisions of the Town Code. He noted that the matter had been referred to staff at the December 7th Council meeting. Mr. Karpinos stated that the proposed ordinance would modify existing regulations so that taxicab driver permit revocation would only apply to violations occurring when a taxi driver was operating a taxi or other vehicle for hire.

Noting that eight people had been killed in alcohol‑related automobile crashes in the Town in the past eight years, Council Member Capowski said he would vote against the proposed ordinance revision. He also noted the importance of preventing future alcohol‑related fatalities. Council Member Capowski requested that other Council Members join him in voting against the proposal.

Mayor Broun said he understood what Council Member Capowski was saying. He stated that laws against driving while impaired needed to be tough and have penalties commensurate with the offense. Mayor Broun noted that the proposed revision would make Town standards compatible with existing State laws. Mayor Broun added that he would vote in favor of the proposed change. Council Member Andresen said the decision was a tough judgment call since Mr. Reeve's livelihood was potentially at stake. Council Member Andresen said she was rather swayed by Council Member Capowski's observation of the need to set standards to be a leader in this regard. She also noted that the Council was charged with a special responsibility to be a guardian for the public safety of citizens. Council Member Andresen said reducing the penalty to one year would send the wrong message.

Council Member Powell said although she was strongly opposed to driving while impaired offenses, taking someone's livelihood away for three years appeared too stringent. She also noted that the State of North Carolina had granted Mr. Reeves limited privileges to operate his personal car.

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

Council Member Werner said he opposed driving while impaired offenses. Council Member Werner also said he thought that license revocation for three years was too long and an unfair penalty. He stated that a significantly shorter suspension period was reasonable if affected parties successfully completed an approved rehabilitation program.

COUNCIL MEMBER WERNER MOVED TO AMEND ORDINANCE 1 TO ADD A SIX‑MONTH REVOCATION PERIOD PLUS COMPLETION OF A REHABILITATION PROGRAM.

Mr. Karpinos provided possible language for the proposed ordinance amendment.

THE MOTION TO AMEND ORDINANCE 1 DIED FOR LACK OF A SECOND.

ORDINANCE 1 WAS PLACED ON THE FLOOR AND ADOPTED BY A VOTE OF 7‑2, WITH COUNCIL MEMBERS ANDRESEN AND CAPOWSKI VOTING NO.

AN ORDINANCE AMENDING CHAPTER 8 OF THE TOWN CODE RELATING TO THE COLLECTION OF YARD WASTE (93-1-11/O-2)

BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF CHAPEL HILL AS FOLLOWS:

SECTION 1. - Sec. 8-2 of the Town Code is repealed

SECTION 2. - Sec. 8-3 of the Town Code is revised to read as follows:

8-3. Accumulations of garbage, household refuse, yard waste, etc., on premises prohibited.

Every person or association operating or maintaining a house, store, factory, fraternity or sorority house, hotel, school, boarding house, restaurant or any commercial establishment of any kind within the Town shall keep the premises whereon such operations are conducted free from accumulations of household refuse, yard waste, tin cans, rags, boxes, barrels, bottles, pallets, debris, garbage and other waste materials.

SECTION 3. - Sec. 8-4 of the Town Code is revised to read as follows:

8-4. Depositing garbage, etc., in street, sidewalk, public place.

It shall be unlawful to place or cause to be placed or deposited any garbage, household refuse, yard waste, tin cans, bottles, barrels, boxes, pallets, rags, debris and other waste materials in any street, right-of-way, alley, sidewalk or other public place in the Town except as may be hereafter authorized and approved.

SECTION 4. - Sec. 8-5 of the Town Code is revised to read as follows:

8-5. Garbage and household waste cans; construction; location.

Any person or association referred to in section 8.3 shall provide suitable standard metal or plastic receptacles, generally known as garbage cans, for deposit of garbage, household refuse, and other refuse. Said receptacles shall be of thirty-two (32) gallon capacity or less and shall be watertight, of fly-proof construction and with a tight-fitting lid when used for wet garbage or other decomposable material. Such receptacles shall weigh sixteen (16) pounds or less when empty and may not be loaded with more than forty-five (45) pounds of refuse at a time. Such receptacles shall be located conveniently for the collector, but shall in no case be placed on the street or sidewalk unless done under the regulations prescribed by the Town Manager under authority of the council.

SECTION 5. - Sec. 8-21; "Definitions" The definition of brush is repealed and replaced as follows:

SECTION 6. - Sec. 8-21; A new definition is added for Yard Waste to read as follows:

Yard Waste. Those organic materials commonlyconsisting of leaves, grass, weeds, hedge clippings, yard and garden waste, Christmas trees, pine straw, branches, small logs, twigs and all vegetative matter resulting from residential landscaping activities.

SECTION 7. - Sec. 8-21; "Definitions" The definition of household refuse is revised to read as follows:

Household Refuse. The term "household refuse" shall mean all refuse (other than ashes, or dead animals, yard waste, hazardous refuse and animal litter) incident to the ordinary conduct of the household which can be placed in thirty (30) gallon containers. This shall include garbage, rubber, paper, rags, cans, boxes, cartons, glass, crockery, dust, etc.

SECTION 8. - Sec. 8-21; "Definitions" The definition of bundle is added as follows:

Bundle. Yard and garden waste securely tied together forming an easily handled package not exceeding four (4) feet in length or weighing more that fifty (50) pounds.

SECTION 9. - Sec. 8-21; "Definitions" The definition of yard waste container is added as follows:

Yard Waste Container. Reusable (rigid) containers (refuse receptacles) made of plastic, metal or fiberglass with a capacity of no more than approximately forty (40) gallons and a loaded weight not to exceed sixty (60) pounds. These containers shall have a tight fitting lid and handles of adequate strength for lifting.

SECTION 10. - Sec. 8-21; "Definitions" The definition of commercial refuse is revised as follows:

Commercial refuse. The term "commercial refuse" shall mean all refuse (other than ashes, dead animals, yard waste, hazardous refuse or animal litter), incident to the ordinary conduct of retail or wholesale or commercial business.

SECTION 11. - Sec. 8-21; "Definitions" The definition of rubbish is revised to read as follows:

Rubbish. The term rubbish shall mean a variety of both combustible and non-combustible solid waste materials, except garbage and yard waste; and the term shall include wood other than that which meets the definition of yard waste, ashes, small appliances, etc.

SECTION 12. - Sec. 8-23 of the Town Code is revised to read as follows:

8-23. Refuse receptacles required.

Every person producing or having garbage or household refuse collected by the Town shall provide and keep on the premises or property occupied or used by him/her, refuse receptacles or bulk containers to handle all accumulations of garbage and household refuse on said premises or property in the interval between collections by the Town. Every such person shall dispose of all household refuse and garbage which accumulates on his/her premises in a clean and sanitary manner by placing it in the refuse receptacle, yard waste containers or bulk containers in order to protect the safety and health of Town employees and the public at large. The Town will not pickup from condemned refuse receptacles, yard waste containers and bulk containers.

SECTION 13. - Sec. 8-24 of the Town Code is revised to read as follows:

8-24. Rubbish disposal.

Cardboard, corrugated board, kraft board, wooden crates, or other rubbish shall be flattened and tied in bundles of such size that they can be handled by one collector or placed in either plastic bags, heavy paper bags, or refuse receptacles; such bundles, bags, etc., shall be placed at the front of the premises or immediately adjacent to that portion of the street right-of-way normally used by vehicles or pedestrians.

Furniture and appliances may be placed behind the curb for special pickup after the Public Works Department has been notified.

SECTION 14. - Sec. 8-24.1 of the Town Code is revised to read as follows:

8-24.1. Brush disposal.

Yard waste materials should be kept separate from and shall not be mixed with any other solid waste material for the proposes of residential collection by the Town.

(a) During the annual fall and winter leaf collection season (October 15 through March 15), residents desiring leaf waste collection by the Town shall rake their leaves to a place behind the existing curbline of the street, or, where no such curbline exists, the leaves shall be placed off the street pavement and between the roadside ditch and the front property line.

(b) Residents of the Town desiring yard waste material collection shall place that material in rigid yard waste containers behind the existing curbline of the street, or, where no such curbline exists, that material shall be placed off the street pavement and between the roadside ditch and the front property line. Yard waste materials such as limbs, twigs, shrubs, plant or hedge clippings should be tied securely in bundles not heavier than fifty (50) pounds, not more than four (4) feet in length and not more than twenty four (24) inches in diameter, so that they can be handled by one person.

All such bundled yard waste material shall be placed behind the existing curbline of the street or, where no such curblines exist, the bundled yard waste material shall be placed off the street pavement and between the roadside ditch and the front property line. There is no restriction regarding the quantity of prepared yard waste placed at the curb for collection at any one time.

Yard waste (brush) which is in loose piles not exceeding three (3) cubic yards in size may be placed behind the existing curbline of the street or, where no such curblines exist, the maximum three (3) cubic yard pile of brush shall be placed off the street pavement and between the roadside ditch and the front property line. Piles exceeding three (3) cubic yards will not be collected and the resident/owner will be responsible for their removal. Loose piles of pine straw, leaves or grass will not be collected except through the annual leaf collection program and must be placed in a yard waste container otherwise.

(c) Residents of the Town who, because of the nature or quantity of yard waste, or otherwise do not wish to prepare their materials as described in #2 above, may utilize the Town bulk yard waste container rental system. By appointment only, the Town will deliver a bulk container of approximately fourteen (14) cubic yard capacity to the residence, leaving it in a location both accessible to the delivery truck as well as convenient to the resident. They will be located on the resident's property when possible. The resident loads the container and the Town returns, usually the next day, to collect and dispose of the loaded yard waste materials. Materials are to be manually loaded only (no machine loading permitted).

SECTION 15. - A new Sec. 8-24.2 is added to read as follows:

8-24.2. Yard Waste Collection Schedules

(1) Curbside yard collection is performed on an unscheduled basis.

(2) Bulk yard waste container service is scheduled by calling the Public Works Department and scheduling a date on which the container is to be delivered, on a first come, first served basis. Monday through Thursday, the containers are delivered in the morning and collected the following morning. Fridays, the containers are delivered in the morning and collected on the following Monday morning.

SECTION 16. - A new Sec. 8-24.3 is added to read as follows:

8-24.3. Limitations on Service

(1) All yard waste materials not prepared and handled in accordance with the provisions of this policy shall not be collected by the Town.

(2) Grass, leaves or pine straw will not be collected in loose piles. These materials must be placed in a yard waste container for collection (except during the annual leaf collection season.

(3) No materials such as trees, logs, stumps, shrubbery or underbrush resulting from land being cleared shall be collected by the Town and shall be the responsibility of the contractor or builder. In the event that the contractor or builder fails to remove such material, it shall be the responsibility of the owner of the property.

(4) Curbside yard waste collection service shall be provided only to residential solid waste customers of the Town. This service will not be provided to institutional, business, commercial or industrial solid waste collection customers (except for the fall and winter leaf collection using leaf vacuum machines).

(5) Plastic bags are not acceptable yard waste containers.

(6) Dumpsters (commercial/multi-family bulk containers) containing yard waste will not be collected.

(7) All tinsel, nails, screws, wires, ribbon and other non-vegetative material shall be removed from Christmas trees by the resident prior to set out for collection. Wreaths may be set out by residents for collection provided that the wreaths are free from wire, screws, metal frames and any/all other non-vegetative material.

(8) Loose piles of yard waste (brush) exceeding three (3) cubic yards will not be collected.

SECTION 17. A new Sec. 8-24.4 is added to the Town Code to read as follows:

8-24.4. Disposal of Yard Waste Material

(1) All yard waste material shall be disposed of in accordance with all applicable local ordinances and state and federal rules and regulations.

(2) No person shall burn yard waste material in the Town without acquiring special permission from the Town's Fire Marshall.

(3) Home composting of yard waste is encouraged by the Town and information or assistance is available from the Town's Public Works Department upon request.

SECTION 18. - Sec. 8-26 of the Town Code; "Disposal of leaves and pine straw" is repealed.

SECTION 19. - Sec. 8-31 of the Town Code; "Disposal of refuse from lot clearing" is repealed.

SECTION 20. - Sec. 8-32 (b) of the Town Code is revised to read as follows:

(b) Yard Waste placed for collection. Yard waste may be placed upon said right-of-way subject to the pre-collection practices set forth herein. Such rubbish shall be placed behind the existing curbline of the street, or where no such curblines exist, the bundled yard waste material shall be placed off the street pavement and between the roadside ditch and the front property line, off the traveled portion of the street. No yard waste shall be placed so as to block the sidewalk.

SECTION 21. - Sec. 8-42 of the Town Code is revised to read as follows:

8-42. Vehicles hauling garbage, rubbish or yard waste.

No vehicle hauling garbage, rubbish, yard waste or refuse shall be allowed to deposit same at the Town-operated landfill unless said garbage rubbish, yard waste or refuse is enclosed in said vehicle or otherwise covered by some effective means to prevent spillage while traveling to the landfill.

SECTION 22. - A new Sec. 8-44 is added as follows:

8-44. Enforcement.

The collection and removal of yard waste from premises in the Town is under the jurisdiction of the Manager or his/her designee. Enforcement of this policy is under the supervision of the Public Works Director. Yard waste placed for disposal that is not in compliance with the yard waste regulations contained herein will not be collected by the Town and shall be subject to Town enforcement provisions.

This the 11th day of January, 1993.

Mayor Broun inquired whether there was any sentiment to change Resolution 3.1 from a $10 charge for weekdays and $20 for weekends.

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO HAVE A CHANGE OF $10 FOR WEEKDAYS OR WEEKENDS.

Council Member Werner inquired how many yard refuse containers would be available for rental. Mr. Heflin said six. Council member Werner said creating a price differential would encourage people to use containers during the week. Council Member Capowski inquired whether there was any staff cost differential depending upon whether containers were delivered on a weekday or weekend. Mr. Heflin said no. Council Member Andresen said she thought the originally proposed fees of $10 and $20 were too high.

RESOLUTION 3.1 AS AMENDED WAS ADOPTED BY APPROVED BY A VOTE OF 5‑4, WITH COUNCIL MEMBERS ANDRESEN, HERZENBERG, RIMER AND MAYOR BROUN VOTING AYE. COUNCIL MEMBERS BROWN, CAPOWSKI, CHILTON AND WERNER VOTED NO.

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO ESTABLISH FEES TO BE

ASSESSED FOR THE RENTAL OF APPROVED BULK YARD WASTE CONTAINERS - AMENDMENT TO BE EFFECTIVE JULY 1, 1993 (93-1-11/R-3.1)

WHEREAS, the Council has authorized an Amendment to the Town Code

which establishes a revised policy governing the collection and disposal of yard waste; and

WHEREAS, the revised yard waste policy contains provisions for the rental of bulk yard waste containers;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the fees to be $10 per weekday or weekend.

This the 11th day of January, 1993.

Item 10 Consent Agenda

Council Member Andresen requested removal of items a, d, l and n. Council Member Herzenberg requested removal of items h, i and k.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT THE BALANCE OF THE CONSENT AGENDA (ITEMS B, C, E, F, G AND M). THE MOTION WAS ADOPTED UNANIMOUSLY (9‑0).

A RESOLUTION AUTHORIZING THE PURCHASE OF COMMUNICATIONS EQUIPMENT TO SUPPORT THE NEW FINANCIAL ACCOUNTING SOFTWARE SYSTEM (93‑1‑11/R‑5)

WHEREAS, the Town of Chapel Hill has solicited formal bids by legal notice in The Chapel Hill Newspaper on December 4, 1992 in accordance with G.S. 143‑129 for the purchase of communications equipment to support the new financial accounting software system; and

WHEREAS, the following bids were received and opened on December 29, 1992 as follows:

Vendor Cost

Teleglobe Communications Inc. $47,810

Ccom, Inc. $45,855

WHEREAS, the bid by Teleglobe Communications Inc. is responsive to the Town's specifications and within the budget under the recommended financing plan for this purchase;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town accepts the bid of Teleglobe Communications, Inc. for communications equipment to support the new financial accounting software system in the amount of $47,810.

This the 11th day of January, 1993.

A RESOLUTION REJECTING THE BIDS FOR THE PURCHASE OF ONE CAB AND CHASSIS WITH HOOK LIFT BODY (93‑1‑11/R‑6)

WHEREAS, the Town of Chapel Hill has solicited formal bids by legal notice in The Chapel Hill Newspaper on November 1, 1992 in

accordance with G.S. 143‑129 for the purchase of one cab and

chassis with hook lift body; and

WHEREAS, the following bids have been received and opened on November 17, 1992:

Vendor Air Cond. Air Cond.

Worth Keeter, Inc. $40,903.00 $39,453.00

Charlotte, NC

Cavalier Equip., Inc. $46,786.47 $45,532.91

Roanoke, VA

Lodal‑South, Inc. $46,578.00 $45,583.00

Rockingham, NC

Cardinal Inter Inc. $47,155.82 $46,160.82

Raleigh, NC

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town rejects all bids for one cab and chassis with hook lift body.

This the 11th day of January, 1993.

A RESOLUTION AUTHORIZING THE TRANSFER OF A UTILITY EASEMENT TO THE ORANGE WATER AND SEWER AUTHORITY (93‑1‑11/R‑7)

WHEREAS, the Orange Water and Sewer Authority (OWASA) requires the dedication and recording of a utility easement prior to its extension of the Booker Creek interceptor sewer line through Town property; and

WHEREAS, improvements to the Booker Creek interceptor sewer are

needed to protect the health and safety of the citizens of Chapel Hill; and

WHEREAS, the Town owns land necessary for the extension of the Booker Creek interceptor sewer; and

WHEREAS, OWASA has agreed that the Town retains the right to construct and maintain paved and unpaved pedestrian and non-motorized vehicle trails and paths within the utility easement; and

WHEREAS, OWASA has agreed to use its best faith efforts to minimize damage to and loss of vegetation within the easement; and

WHEREAS, OWASA has agreed to submit a Landscape Protection Plan to the Town for review and approval, and agrees to follow the approved plan during installation of the Booker Creek Interceptor; and

WHEREAS, OWASA has agreed to promptly restore property affected by construction and maintenance activities as nearly as possible to prior to the start of any work;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is authorized to execute and record a utility easement on land which is owned by the Town of Chapel Hill as described in the attached drawing.

This the 11th day of January 1993.

A RESOLUTION PERMITTING THE RENTAL OF THE RUTH FAISON SHAW HOUSE FOR USE AS A RESIDENCE FOR A PERIOD OF UP TO FIVE YEARS (93‑1‑11/R‑8)

WHEREAS, in 1992 the Town of Chapel Hill transferred the Ruth Faison Shaw House to the Ruth Faison Shaw Memorial Committee for use as a museum and cultural and education center; and

WHEREAS, one of the conditions of the deed was that any change in use from the intended purposes would require permission of the Town; and

WHEREAS, the President of the Ruth Faison Shaw Memorial Committee has requested permission to use the house as a rental residence;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel

Hill that permission is hereby granted to the Committee to use the

Ruth Faison Shaw House as a rental residence for up to five years

from this date.

This is the 11th day of January, 1993.

AN ORDINANCE TO AMEND A COMPREHENSIVE IMPROVEMENT ASSISTANCE PROGRAM (CIAP) PROJECT ORDINANCE (93-1-11/O-5)

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 project ordinance is hereby amended:

The project as amended is the Comprehensive Improvement Assistance Program (CIAP) as approved by the Council on September 14, 1992; funds are as contained in the Amendment to Consolidated Annual Contributions Contract between the Town and the U.S. Department of Housing and Urban (HUD) approved by the Council on September 14, 1992.

SECTION II

The Manager of the Town of Chapel Hill is hereby directed to proceed with the project with the terms of the contract document(s), the Rules and Regulations of the U.S. Department of Housing and Urban Development, and budget contained herein.

SECTION III

Revenues anticipated to be available to complete the project are amended as follows:

Current Amended

Budget Increase Decrease Budget

CIAP Grant 1,670,516 67,485 0 1,738,001

SECTION IV

The amounts appropriated for the project are amended as follows:

Current Amended

Budget Increase Decrease Budget

S/B Maintenance and

Replacement 1,670,516 0 0 1,670,516

Lead‑based Paint

Testing 0 12,540 0 12,540

Lead‑based Paint

Risk Assessment 0 54,945 0 54,945

1,670,516 67,485 0 1,738,001

SECTION V

The Finance Director is hereby directed to maintain within the Project Fund sufficient specific detailed accounting records to provide the accounting to HUD as required by the agreement(s) and federal regulations.

SECTION VI

Funds may be advanced from the General Funds for the purpose of making payments as due. Reimbursement requests should be made to HUD in an orderly and timely manner.

SECTION VII

The Manager is directed to report annually on the financial status of each project in Section IV and on the total revenues received.

This the 11th day of January, 1993.

A RESOLUTION SCHEDULING A WORK SESSION WITH THE BOARD OF DIRECTORS OF THE ORANGE COMMUNITY HOUSING CORPORATION (93‑1‑11/R‑12)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby schedules a work session from 5:45 to 7:15 pm on Monday, February 1 in the Council Conference Room to discuss issues related to Erwin Village, and invites the Orange Community Housing Corporation Board of Directors to meet with the Council at that time.

This the 11th day of January, 1993.

Noting that she had been unable to submit her comments earlier, Council Member Andresen said she had suggested a number of revisions to page four of the December 7th meeting.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT THE MINUTES OF NOVEMBER 23, DECEMBER 7 (AS REVISED) AND DECEMBER 8. THE MOTION WAS ADOPTED UNANIMOUSLY (9‑0).

Council Member Andresen stated that item d would have been more appropriately included on the regular agenda. Mr. Horton noted that the item was carrying out a previous Council directive to carry out a series of tasks identified by the Transportation Board relative to its single‑occupant vehicle study. He also noted that fifty percent of the position expense would be paid by federal funding. Council Member Andresen inquired how much of the planner's time would be devoted to pedestrian planning matters. Mr. Horton said the position would be responsible for a variety of transportation planning matters.

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

AN ORDINANCE AMENDING THE POSITION CLASSIFICATION AND PAY PLAN (93-1-11/O-3)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Council hereby amends the "Ordinance Establishing a Position Classification and Pay Plan and Longevity Plan for Employees of the Town of Chapel Hill and Bonds of Officials Beginning October 1, 1992" (92-6-8/O-3) as follows:

In Section IV, C, DELETE the lines:

Full‑time Part‑time Grade

No. Hrs. No. Hrs.

Planner (Levels I and II) 4 37.5 1 20 23‑25

and ADD the lines:

Full‑time Part‑time Grade

No. Hrs. No. Hrs.

Planner (Levels I and II) 5 37.5 1 20 23‑25

This the 11th day of January, 1993.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT ORDINANCE 4. THE MOTION WAS ADOPTED UNANIMOUSLY (9‑0).

AN ORDINANCE TO AMEND "THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1992 (93‑1‑11/0‑4)

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, 1992" as adopted on June 8, 1992 be and the same is hereby amended as follows:

Article I

Current Revised

Budget Increase Decrease Budget

APPROPRIATIONS

GENERAL FUND

Non-Departmental

Contingency 53,572 10,600 42,972

Planning 595,508 10,600 606,108

This the 11th day of January, 1993.

Council Member Herzenberg expressed thanks to the staff for amending the Comprehensive Housing Affordability Strategy to include stronger language concerning housing for people with AIDS.

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

A RESOLUTION AUTHORIZING THE SUBMISSION OF AN ANNUAL UPDATE AND ANNUAL PERFORMANCE REPORT TO THE COMPREHENSIVE HOUSING AFFORDABILITY HOUSING STRATEGY (93‑1‑11/R‑9)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to submit the Fiscal Year 1993 Annual Update and Annual Performance Report to the Comprehensive Housing Affordability Strategy, as described in the Manager's memorandum to the Council dated January 11, 1993 to the U. S. Department of Housing and Urban Development, including all understandings, assurances, and certifications required therein.

BE IT FURTHER RESOLVED that the Manager is hereby designated as the authorized representative of the Town to act in connection with the submission of the Annual Update and Annual Performance Report and to provide such additional information as may be required by the U. s. Department of Housing and Urban Development.

This the 11th day of January, 1993.

Council Member Herzenberg expressed thanks to the Housing and Community Development Department for working with the Housing Advisory Board in expanding the board's responsibilities.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT ORDINANCE 6.

Council Member Capowski inquired whether it was possible that proposed change in responsibilities was setting up a potential conflict of interest for the Housing Advisory Board. Council Member Herzenberg said the proposed change would not involve conflicting matters. Council Member Powell noted the importance of the Housing Advisory Board having an active role in examining the community's housing and community development needs. Mayor Broun noted that the Housing Advisory Board played a very important role in weighing the possibilities for, and giving good advice on, the use of community development funds. Council Member Andresen inquired whether the proposal would encourage the submittal of more projects from the public. Mr. Horton said any proposals received at Council public hearings would be referred to the Housing Advisory Board for consideration and advice. Council Member Andresen said she thought the proposal was a good one.

ORDINANCE 6 WAS ADOPTED UNANIMOUSLY (9-0).

AN ORDINANCE AMENDING CHAPTER 2 OF THE TOWN CODE REGARDING THE ROLE OF THE HOUSING ADVISORY BOARD (93‑1‑11/0‑6)

BE IT ORDAINED by the Council of Chapel Hill that the Council hereby amends Chapter 2 of the Town Code as follows:

Section 1. In Article XI of Chapter 2, replace all references to the Housing Advisory Board with the phrase "Housing and Community Development Advisory Board.

Section 2. Add to Section 2‑164 the following paragraph numbered (8) as follows:

(8) Advise the Council regarding matters involving Community Development grant funds, including but not limited to 3‑year and 1‑ year plans for using these grant funds and proposals and requests by citizens and community organizations desiring to receive Community Development funds for special projects and programs.

This the 11th day of January, 1993.

Council Member Brown said she was supportive of the resolution concerning the U.S. 15‑501 corridor study. She emphasized the importance of having neighborhood representatives included as part of the participation process. Council Member Werner noted that the Council could appoint anyone the Council desired. Mr. Horton noted that staff needed to continue its negotiations with the Department of Transportation and City of Durham. Council Member Werner suggested that the matter of participation be discussed with Durham representatives. Mayor Broun said there appeared to be consensus to proceed in this manner. Council Member Brown noted that the study appeared to emphasize mobility issues, but did not address air quality. Council Member Werner noted that the federal standard was to demonstrate that air quality had not been degraded.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 10. THE MOTION WAS ADOPTED UNANIMOUSLY (9‑0)‑

A RESOLUTION AUTHORIZING THE TOWN'S PARTICIPATION IN THE U.S. 15‑501 BOULEVARD CORRIDOR STUDY (93‑1‑11/R‑10)

WHEREAS, the Town of Chapel Hill recognizes the importance in preparing a comprehensive transportation analysis of the U.S. 15-501 Boulevard between Chapel Hill and Durham; and

WHEREAS, the Town Council has reviewed and approved the proposed scope of work for the U.S. 15-501 Corridor Study; and

WHEREAS, the Town Council has reviewed and approved the cost sharing program for the Study;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town's participation in the u.s. 15‑501 Boulevard Study and authorizes the Manager to execute on behalf of the Town an agreement and all other necessary items related to this project.

This the 11th day of January, 1993.

Noting that it was illegal to park in handicapped spaces on public or private property, Council Member Herzenberg noted that the fine established by the State for violations was $100. Council Member Werner inquired who enforced the regulations on private property. Noting that there were not routine patrols on this matter, Mr. Karpinos said the Town could do so. Noting that he had had the pleasure of working across the hall from a handicapped person for about twelve years, Council Member Capowski said he was delighted by the proposed ordinance amendment. He stated that persons who misused handicapped parking spaces were extremely inconsiderate of another person's needs.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT ORDINANCE 8. THE MOTION WAS ADOPTED UNANIMOUSLY (9‑0).

AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES (93‑1‑11/0‑8)

BE IT ORDAINED by the Council of the Town of Chapel Hill that:

SECTION I

Section 21‑38 "Civil Penalties" of the Town Code of Ordinances is amended as follows:

Sub‑section b: Revised to read "The penalty for any violation of Section 21‑36 shall be one hundred dollars ($100.00).

Sub‑section f, sentence 3: Revised to read "The maximum total combined fine and penalties for a one hundred dollar ($100.00) violation shall be one hundred twenty dollars ($120.00).

SECTION II

This ordinance shall be effective on February 1, 1993.

SECTION III

All ordinances and portions of ordinances in conflict herein are hereby repealed.

This the 11th day of January, 1993.

Council Member Andresen requested additional information on the project. Mr. Horton stated that a pork chop island had been constructed to restrict turning movements in and out of the service station. He noted that the design had been modified to comply with the Americans with Disabilities Act.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO ADOPT RESOLUTION 11. THE MOTION WAS ADOPTED UNANIMOUSLY

(9‑0)‑

A RESOLUTION AUTHORIZING THE MANAGER TO EXECUTE A FINAL BALANCING CHANGE ORDER FOR THE TEXACO TRAFFIC ISLAND PROJECT (93‑1‑11/R‑11)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the manager to execute a final balancing change order for the Texaco Traffic Island Project in the amount of $7,592.00.

This the 11th day of January, 1993.

Council Member Andresen expressed appreciation to the staff for an excellent report on alternative local street design. She expressed hope that various traffic calming techniques could be implemented by the Town in the future. Council Member Brown said the report was a good piece of work deserving special notice.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 13. THE MOTION WAS ADOPTED UNANIMOUSLY (9‑0).

A RESOLUTION DIRECTING THE MANAGER AND TOWN ADVISORY BOARDS TO REVIEW THE FEASIBILITY OF IMPLEMENTING APPROPRIATE ELEMENTS OF THE PLANNING STAFF REPORT, "ALTERNATIVE LOCAL STREET DESIGN" (93‑1‑ 11/R‑13)

WHEREAS, alternative design of local streets can have the effect of reducing unnecessary through traffic, reducing automobile speeds and improving pedestrian safety; and

WHEREAS, some of these alternative designs for local streets may be appropriate for implementation in Chapel Hill;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council requests that the Chapel Hill Transportation Board and Planning Board review the Alternative Local Street Planning Staff Report and consider recommending elements of that Report for inclusion in the Town Design Manual.

BE IT FURTHER RESOLVED that the Town Manager consider the designs contained in the Report for inclusion as appropriate in

- Revisions to the Town Design Manual;

- Revisions to the draft Downtown Streetscape Plan;

- Review of future development proposals; and

- Responses to citizen requests concerning unnecessary through

traffic and speeding along local streets.

This the 11th day of January, 1993.

There was no need for an executive session.

The meeting concluded at 10:51 p.m.