MINUTES OF A REGULAR MEETING OF THE CHAPEL HILL TOWN COUNCIL

MONDAY, NOVEMBER 22, 1993 AT 7:30 P.M.

Mayor Broun called the meeting to order at 7:30 p.m. Council Members in attendance were Julie Andresen, Joyce Brown, Joe Capowski, Mark Chilton, Barbara Powell, Alan Rimer, Rosemary Waldorf and Arthur Werner. 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 Ceremonies

Mayor Broun noted it was a pleasure to honor retirees who had devoted their services to the Town. He requested that the retirees come forward to receive their plaques. The three retirees were: Kathie Young, Accounting Services Manager, Finance Department, retiring effective December 1; Hicks Elmore, Base Three Operator, Police Department, also retiring effective December 1; and Dick Sharpless, Legal Assistant to the Town Attorney. Mayor Broun gave his thanks to the three employees, stating that they had made the Town a better place to live.

Item 3 Petitions

Mayor Broun regretfully noted the death of James Brittian, former chairperson of the local chapter of the NAACP. He noted that Mr. Brittian had worked hard for the community's citizens and was a superb citizen who would be missed.

Sue Baker stated that ten years ago she had attended meeting at Estes Hills school, where Council Member Andresen made a presentation regarding the location of Horace Williams Airport. She said this had been a challenge for over ten years and requested that the Council strive for an eventual phase-out and relocation of the airport.

Donald Boulton, speaking on item #15r, Oaks Condominium drainage, said he felt that a suitable solution had been found and asked the Council to support the resolution before them this evening.

Mark Zack petitioned the Council on behalf of Ron Strom regarding the Special Use Permit for Chapel Hill North. Mr. Zack said the Special Use Permit would expire in April, 1994. He stated that since the Court of Appeals had dismissed a suit earlier in the month, Mr. Strom was requesting an extension and expedited processing of the Chapel Hill North special use permit.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO RECEIVE MR. ZACK'S PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Representatives of the Delta Squad, an organization at UNC whose primary goal was to educate citizens regarding alcohol and drug abuse, thanked the Council for their support of "Zero-proof day". The Delta Squad gathered over 16,000 signatures from people who had agreed not to use drugs or alcohol for a 24-hour period.

Council Member Andresen requested that the Manager provide the Council with a report on the Town's downtown security monitor program. Council Member Andresen said although she understood that the program was experimental, she was concerned that the Council evaluate the program's progress to date. She also asked the Manager to investigate the potential of using reserve officers to supplement security monitors. Council Member Andresen said it seemed reasonable to look at this potential use of manpower, especially since a civilian squad might present greater liability for the Town. Mayor Broun said it was his understanding that the Council would receive a report on the experimental security squad in the near future.

Council Member Rimer stated that there were two resolutions to be considered this evening regarding landfill owner fees. He stated that tire disposal fee rates had gone up and down. Council Member Rimer said the State legislature had passed a law which would become effective January 1, 1994, stating that the Town could no longer charge for tire disposal. He said since the Council had no work sessions until January, Council Member Rimer requested that the Council consider taking action this evening. Council Member Rimer noted that the second resolution concerned mulch fees. He said the Town was unable until recently to estimate the cost to grind clean wood and yard waste into mulch. Council Member Rimer said the cost the Town had set worked out to about $10 per loader bucket or pick-up truck load. Council Member Rimer said he felt that this resolution should be taken under consideration this evening so that the mulch available for sale could be sold now instead of waiting until the Council met again in January. He requested that Resolutions 29 and 30 be adopted this evening.

COUNCIL RIMER MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT RESOLUTION R-29.

Council Member Joe Capowski asked how a citizen could purchase mulch. Mr. Horton said citizens could contact the Public Works Department to make such arrangements.

RESOLUTION R-29 WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ESTABLISHING A PROGRAM FOR PUBLIC SALE OF MULCH BY ORANGE REGIONAL LANDFILL (93-11-22/R-29)

WHEREAS, the Orange Regional Landfill segregates yard waste and other materials from refuse disposed in fill areas at the landfill; and

WHEREAS, this material is ground into mulch for sale to the general public;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approve a policy establishing a public program in which the Orange Regional Landfill offers mulch for sale to the public based on the following conditions:

* mulch will be sold at a fee that recovers an amount as close to actual net operating unit cost annually as feasible

* the initial fee for fiscal year 1993-94 will be $10 per loader bucket

* future fees will be modified administratively based on factors impacting the actual unit costs.

This the 22nd day of November, 1993.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION R-30. THE RESOLUTION WAS ADOPTED UNANIMOUSLY

(9-0).

A RESOLUTION ELIMINATING FEE FOR DISPOSAL OF SCRAP TIRES AT ORANGE REGIONAL LANDFILL (93-11-22/R-30)

WHEREAS, the Orange Regional Landfill has a current fee schedule for disposal of scrap tires; and

WHEREAS, the North Carolina legislature enacted a law prohibiting counties from charging a fee for general disposal of scrap tires effective January 1, 1994;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that existing fees for disposal of scrap tires at the Orange Regional Landfill be eliminated effective January 1, 1994.

This the 22nd day of November, 1993.

Council Member Rimer stated that the Landfill Owners Group had met last Wednesday and Thursday with four consulting firms. He said the Group had concluded that staff should initiate negotiations with Roy F. Weston.

Mayor Broun stated that he wanted to explore the possibility of having arts and crafts sales on the Town's parking deck plaza. Council Member Andresen asked whether Mayor Broun was suggesting that the Parks and Recreation Department organize these activities. Mayor Broun said although this might be the best administrative approach, it was best to refer the matter to staff for comments. Council Member Andresen said this might be time consuming for the staff. She suggested that a citizens group might be interested in assisting in the process.

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

Mayor Broun presented Council Member Chilton with his diploma from the University of North Carolina which had arrived recently in the mail.

Item 4 Board and Commissions

Eve Kedem was appointed to the Parks and Recreation Commission with seven votes.

Teresa Williams was appointed to the Personnel Appeals Committee with six votes.

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

Item 5 Southern Area Rezonings

Mr. Horton stated that twelve ordinances were before the Council this evening, one for each area proposed for rezoning.

Mr. Waldon stated that the information in the Council's packet included responses to questions raised at the public hearing. He said it also included a record of discussions which took place during the adoption of the Southern Area Plan. Mr. Waldon said that several protest petitions had been received and because of this, the proposal had been separated into twelve parts. He asked that the Council consider each area separately. Mr. Waldon displayed an overhead transparency map to describe the rezonings under consideration.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO CLOSE THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY

(9-0).

Area 1

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPTED ORDINANCE 0-0.1A. THE ORDINANCE WAS ADOPTED UNANIMOUSLY

(9-0).

AN ORDINANCE TO ADJUST THE EXISTING ZONING IN THE AREA SOUTH OF CHAPEL HILL, IN ACCORDANCE WITH THE ADOPTED SOUTHERN SMALL AREA PLAN (93-11-22/O-0.1a)

WHEREAS, on June 12, 1989, the Council of the Town of Chapel Hill adopted a Comprehensive Plan that prepared a vision for the Town's future; and

WHEREAS, on December 12, 1989, the Council of the Town of Chapel Hill adopted a resolution to develop a process and schedule for preparing small area plans to examine generally undeveloped land on the periphery of Chapel Hill, but within the Urban Services Area; and

WHEREAS, on June 23, 1992, the Council of the Town of Chapel Hill adopted the Southern Small Area Plan for the land in the Town's extraterritorial planning jurisdiction (generally south of Morgan Creek and north of the Chatham County line); and

WHEREAS, one of the implementation steps recommended in the adopted plan is to adjust the zoning of the area, so that the zoning conforms with the land uses approved in the plan;

NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill that the zoning in Area 1 of the Southern Area is hereby rezoned to the category designated on the attached map.

This the 22nd day of November, 1993.

Area 2

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPTED ORDINANCE 0-0.1b. THE ORDINANCE WAS ADOPTED UNANIMOUSLY

(9-0).

AN ORDINANCE TO ADJUST THE EXISTING ZONING IN THE AREA SOUTH OF CHAPEL HILL, IN ACCORDANCE WITH THE ADOPTED SOUTHERN SMALL AREA PLAN (93-11-22/O-0.1b)

WHEREAS, on June 12, 1989, the Council of the Town of Chapel Hill adopted a Comprehensive Plan that prepared a vision for the Town's future; and

WHEREAS, one of the implementation steps recommended in the adopted plan is to adjust the zoning of the area, so that the zoning conforms with the land uses approved in the plan;

NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill that the zoning in Area 2 of the Southern Area is hereby rezoned to the category designated on the attached map.

This the 22nd day of November, 1993.

Area 3

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO ADOPT ORDINANCE O-0.1c. THE ORDINANCE WAS ADOPTED UNANIMOUSLY

(9-0).

AN ORDINANCE TO ADJUST THE EXISTING ZONING IN THE AREA SOUTH OF CHAPEL HILL, IN ACCORDANCE WITH THE ADOPTED SOUTHERN SMALL AREA PLAN (93-11-22/O-0.1c)

WHEREAS, on June 12, 1989, the Council of the Town of Chapel Hill adopted a Comprehensive Plan that prepared a vision for the Town's future; and

WHEREAS, one of the implementation steps recommended in the adopted plan is to adjust the zoning of the area, so that the zoning conforms with the land uses approved in the plan;

NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill that the zoning in Area 3 of the Southern Area is hereby rezoned to the category designated on the attached map.

This the 22nd day of November, 1993.

Area 4

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADOPT ORDINANCE 0-0.1d. THE ORDINANCE WAS ADOPTED UNANIMOUSLY

(9-0).

AN ORDINANCE TO ADJUST THE EXISTING ZONING IN THE AREA SOUTH OF CHAPEL HILL, IN ACCORDANCE WITH THE ADOPTED SOUTHERN SMALL AREA PLAN (93-11-22/O-0.1d)

WHEREAS, on June 12, 1989, the Council of the Town of Chapel Hill adopted a Comprehensive Plan that prepared a vision for the Town's future; and

WHEREAS, one of the implementation steps recommended in the adopted plan is to adjust the zoning of the area, so that the zoning conforms with the land uses approved in the plan;

NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill that the zoning in Area 4 of the Southern Area is hereby rezoned to the category designated on the attached map.

This the 22nd day of November, 1993.

Area 5

Council Member Werner said zoning this area R-1 did not appear consistent with the Town's plan to use this Town-owned land as a park. He asked why it could not be rezoned to R-LD5. Mr. Waldon responded R-1 zoning was more consistent with surrounding districts.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT ORDINANCE O-0.1e. THE ORDINANCE WAS ADOPTED UNANIMOUSLY

(9-0).

AN ORDINANCE TO ADJUST THE EXISTING ZONING IN THE AREA SOUTH OF CHAPEL HILL, IN ACCORDANCE WITH THE ADOPTED SOUTHERN SMALL AREA PLAN (93-11-22/O-0.1e)

WHEREAS, on June 12, 1989, the Council of the Town of Chapel Hill adopted a Comprehensive Plan that prepared a vision for the Town's future; and

WHEREAS, one of the implementation steps recommended in the adopted plan is to adjust the zoning of the area, so that the zoning conforms with the land uses approved in the plan;

NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill that the zoning in Area 5 of the Southern Area is hereby rezoned to the category designated on the attached map.

This the 22nd day of November, 1993.

Area 6

Mr. Waldon stated that a protest petition had been received for this area. He said the area included land east of U.S. 15-501 and between U.S. 15-501 and Old Lystra Road. Mr. Waldon said the proposal was to zone the area R-LD1.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT ORDINANCE 0-0.1f. THE ORDINANCE WAS ADOPTED UNANIMOUSLY

(9-0).

AN ORDINANCE TO ADJUST THE EXISTING ZONING IN THE AREA SOUTH OF CHAPEL HILL, IN ACCORDANCE WITH THE ADOPTED SOUTHERN SMALL AREA PLAN (93-11-22/O-0.1f)

WHEREAS, on June 12, 1989, the Council of the Town of Chapel Hill adopted a Comprehensive Plan that prepared a vision for the Town's future; and

WHEREAS, one of the implementation steps recommended in the adopted plan is to adjust the zoning of the area, so that the zoning conforms with the land uses approved in the plan;

NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill that the zoning in Area 6 of the Southern Area is hereby

rezoned to the category designated on the attached map.

This the 22nd day of November, 1993.

Area 7

Mr. Waldon stated a protest petition was received for this area also. He stated the area included land around the Watts Motel, and the area was currently zoned CC. He noted that the proposal was to rezone it to NC.

Council Member Andresen said she thought NC was appropriate for this area. She said that if the owners wanted to operate a motel they could seek approval of conditional use zoning.

Council Member Chilton inquired about the Southern Area Plan's recommendation for this property. Mr. Waldon said the language did not suggest a particular zoning designation but called for continuation of the existing commercial area.

Council Member Werner said he also supported the proposed NC zoning.

Council Member Rimer asked whether the fact that the motel had not been used for some time had affected the staff's recommendation. Mr. Horton responded that no study had been undertaken to determine whether the use of the area had been changed. Council Member Werner said he believed the owner would probably prefer CC, rather than NC, for a variety of reasons. Council Member Capowski stated that even if the motel had been out of business for a long time, the Town had a continuation provision for its use as a motel if the Council approved. He asked whether this was correct. Mr. Waldon stated that if the current use was judged to be a motel, then it could continue as a nonconforming use. Council Member Capowski asked if the motel were determined to be an unoccupied building, could the owners request conditional use zoning and a special use permit to use it as a motel. Mr. Waldon said this was correct.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT ORDINANCE O-0.1g. THE ORDINANCE WAS ADOPTED BY A VOTE OF

8-1, WITH COUNCIL MEMBER CHILTON VOTING NAY.

AN ORDINANCE TO ADJUST THE EXISTING ZONING IN THE AREA SOUTH OF CHAPEL HILL, IN ACCORDANCE WITH THE ADOPTED SOUTHERN SMALL AREA PLAN (93-11-22/O-0.1g)

WHEREAS, on June 12, 1989, the Council of the Town of Chapel Hill adopted a Comprehensive Plan that prepared a vision for the Town's future; and

WHEREAS, one of the implementation steps recommended in the adopted plan is to adjust the zoning of the area, so that the zoning conforms with the land uses approved in the plan;

NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill that the zoning in Area 7 of the Southern Area is hereby rezoned to the category designated on the attached map.

This the 22nd day of November, 1993.

Area 8

Council Member Andresen asked how much of the property was currently developed. She also inquired about the use of the lots. Mr. Waldon stated that most of the lots had a house on them and were between four and five acres in size. He added that there were only a few which were not developed. Council Member Andresen asked how development would be accomplished if these lots were broken up into smaller lots. Mr. Waldon said one difficulty in this area was that there was no sewer service and some difficult terrain would inhibit further development. Council Member Andresen asked how many extra lots could be created with this proposal. Mr. Waldon said there were 38 lots altogether, and with 23 of the 38 lots in the 5-acre range, there was a potential of 40 to 50 additional lots under this revised recommendation.

Noting that it was unlikely that one-acre lots could be developed here, Council Member Werner inquired about the impact on the rationale of the land use plan in the area. Mr. Waldon said safety valve measures addressed the concerns heard at last week's public hearing. He noted that since property owners felt this was still too constraining, five-acre lots had been suggested. Mr. Waldon said the original five-acre lot designation included some properties fronting on U.S. 15-501 which called for 1 acre lots, and those that fronted on Old Lystra Road were designated as 5 acre lots. He said based on comments at last week's public hearing, the one-acre zoning throughout appeared to be more reasonable.

Council Member Werner inquired about the rationale for the original 5-acre minimum. Mr. Waldon said this was related to transportation concerns and carrying capabilities of Old Lystra Road.

Mayor Broun asked Mr. Waldon about the basic distinction between this area and the other areas under consideration. Mr. Waldon answered that the remaining areas recommended for 5-acre minimum lot size were either undeveloped or had one structure for each 10 acres. He said an environmental vista was to be achieved on Old Lystra Road. Mr. Waldon said that along Smith Level Road, the Comprehensive Plan called for protection of an important vista. In the eastern area, the land has steep slopes and is adjacent to the Botanical Gardens. He said these conditions were not present in other areas.

Council Member Andresen asked whether forty to fifty additional lots could be created under the revised proposal. Mr. Waldon answered yes. Council Member Andresen asked how many extra trips were projected. Mr. Waldon said that a good estimate was ten trips per day per household and that traffic impacts were cumulative.

Council Member Chilton stated that the staff comment on this issue really summed up the reasons for rezoning this area to R-LD1. He said this area was quite different in character from the other areas proposed as R-LD5.

Council Member Capowski stated it was not a densely developed area by any means. He said he was swayed by the White Rock Church area residents' comments about wanting to leave this area to their sons and daughters. Council Member Capowski said although it was hard to determine which areas to leave as R-LD1 or R-LD5, he favored

R-LD1 for this area.

Council Member Powell stated that because the affordable housing issue was very important, the Council need to be concerned with the White Rock area as a source. She asked how this zoning would affect the Church. Mr. Waldon answered that R-LD1 would have no affect on the church.

Mayor Broun said he was concerned about the changes in the plan, but believes the staff has thought it through and come up with justified changes.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT ORDINANCE O-0.1h. THE MOTION WAS ADOPTED UNANIMOUSLY

(9-0).

AN ORDINANCE TO ADJUST THE EXISTING ZONING IN THE AREA SOUTH OF CHAPEL HILL, IN ACCORDANCE WITH THE ADOPTED SOUTHERN SMALL AREA PLAN (93-11-22/O-0.1h)

WHEREAS, on June 12, 1989, the Council of the Town of Chapel Hill adopted a Comprehensive Plan that prepared a vision for the Town's future; and

WHEREAS, one of the implementation steps recommended in the adopted plan is to adjust the zoning of the area, so that the zoning conforms with the land uses approved in the plan;

NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill that the zoning in Area 8 of the Southern Area is hereby rezoned to the category designated on the attached map.

This the 22nd day of November, 1993.

Area 9

Mr. Waldon stated that a valid protest petition had been submitted for this area. He said the existing zoning was R-1, but because of environmental constraints, the Comprehensive Plan called for densities of one unit per five acres, and the staff proposed rezoning to R-LD5.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT ORDINANCE O-0.1i. THE MOTION PASSED UNANIMOUSLY.

Council Member Andresen said she endorsed the concept proposed by the staff and suggested that future Councils use this concept. She said she felt that when that public hearing was held this approach should be used.

AN ORDINANCE TO ADJUST THE EXISTING ZONING IN THE AREA SOUTH OF CHAPEL HILL, IN ACCORDANCE WITH THE ADOPTED SOUTHERN SMALL AREA PLAN (93-11-22/O-0.1i)

WHEREAS, on June 12, 1989, the Council of the Town of Chapel Hill adopted a Comprehensive Plan that prepared a vision for the Town's future; and

WHEREAS, one of the implementation steps recommended in the adopted plan is to adjust the zoning of the area, so that the zoning conforms with the land uses approved in the plan;

NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill that the zoning in Area 9 of the Southern Area is hereby rezoned to the category designated on the attached map.

This the 22nd day of November, 1993.

Area 10

Mr. Waldon said a valid protest petition had been submitted for this area. He said the Small Area Plan called for one-acre densities in this area. Mr. Waldon said staff proposed this area be rezoned from R-1 to R-LD1. He said this area was not quite as environmentally sensitive as the previous area.

COUNCIL MEMBER POWELL MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT ORDINANCE O-0.1j. THE MOTION WAS ADOPTED UNANIMOUSLY

(9-0).

AN ORDINANCE TO ADJUST THE EXISTING ZONING IN THE AREA SOUTH OF CHAPEL HILL, IN ACCORDANCE WITH THE ADOPTED SOUTHERN SMALL AREA PLAN (93-11-22/O-0.1j)

WHEREAS, on June 12, 1989, the Council of the Town of Chapel Hill adopted a Comprehensive Plan that prepared a vision for the Town's future; and

WHEREAS, one of the implementation steps recommended in the adopted plan is to adjust the zoning of the area, so that the zoning conforms with the land uses approved in the plan;

NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill that the zoning in Area 10 of the Southern Area is hereby rezoned to the category designated on the attached map.

This the 22nd day of November, 1993.

Area 11

Mr. Waldon said this area was discussed at some length at the public hearing last week. He said the area was 32 acres, part of a larger 111-acre tract. Mr. Waldon said the westernmost portion of the property was adjacent to land that had been approved as a subdivision. He said the staff believed this western portion could be developed in one-acre lots.

Council Member Capowski asked Mr. Waldon to place the transparency on screen for the Council to view. Mr. Waldon pointed out the road network and lot layout for The Reserve. Council Member Capowski asked whether The Reserve was currently under construction. Mr. Waldon replied yes. He said the relation to The Reserve and this property was the road stubout and the sewer line that was part of The Reserve and touched this property in the southwestern corner.

Council Member Capowski said the Small Area Plan suggested that the Michie property be zoned R-LD5. He asked whether the only real argument for rezoning to R-LD1 was that it was suitable to do so. Mr. Waldon replied it was suitable because of the road stubout and the sewer service, and because of the property owner's description of the most developable portion of the area. Council Member Capowski asked whether the Council had adopted a land-use plan for the southern area which indicated 5-acre lots sizes for this 112 acres. Council Member Capowski said he did not feel that just because it was suitable was a compelling enough reason to rezone the area. Council Member Capowski said he would like to amend the proposal so that R-LD5 was the zoning for these 32 acres

(the Michie property).

Mayor Broun asked Mr. Karpinos whether this was appropriate. Mr. Karpinos stated it could be done and asked Mr. Waldon whether this change to R-LD5 had been advertised and considered. Mr. Waldon said he would check on these matters.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO AMEND ORDINANCE O-0.1k.

Council Member Werner asked Mr. Waldon, if this was approved as one-acre units, how long the road would be and how this fit would in with the Town's desire to provide more than one access to subdivisions. Mr. Waldon said that if the property access was through The Reserve, that up until a certain point there would be only one access, but after that point there would be two. He stated that he did not know what the length of the road would be.

Mr. Karpinos advised the Council not to consider R-LD5 unless the Council was willing to call another public hearing. Council Member Werner inquired about present zoning. Mr. Waldon replied that it was R-1.

COUNCIL MEMBER CAPOWSKI WITHDREW HIS MOTION. THE SECONDER CONCURRED.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO ADOPTED ORDINANCE O-0.1k AS ORIGINALLY PRESENTED. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

AN ORDINANCE TO ADJUST THE EXISTING ZONING IN THE AREA SOUTH OF CHAPEL HILL, IN ACCORDANCE WITH THE ADOPTED SOUTHERN SMALL AREA PLAN (93-11-22/O-0.1k)

WHEREAS, on June 12, 1989, the Council of the Town of Chapel Hill adopted a Comprehensive Plan that prepared a vision for the Town's future; and

WHEREAS, one of the implementation steps recommended in the adopted plan is to adjust the zoning of the area, so that the zoning conforms with the land uses approved in the plan;

NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill that the zoning in Area 11 of the Southern Area is hereby rezoned to the category designated on the attached map.

This the 22nd day of November, 1993.

Council Member Capowski asked Mr. Karpinos what would happen in the intervening number of months that it would take to rezone the property again. Mr. Karpinos replied it would depend on when the applicant came in with a proposal.

RESOLUTION BY COUNCIL MEMBER CAPOWSKI, SECONDED BY COUNCIL MEMBER ANDRESEN, TO REFER TO THE MANAGER AND ATTORNEY FURTHER ACTIVITY ON THIS MATTER AND TO START THE PROCESS TO REZONE THE MICHIE PROPERTY TO R-LD5 AND PROCEED WITH ALL HASTE. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Area 12

Mr. Waldon commented this area had difficult topography and was adjacent to the Botanical Gardens.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT ORDINANCE 0-0.1l. THE MOTION WAS ADOPTED UNANIMOUSLY

(9-0).

AN ORDINANCE TO ADJUST THE EXISTING ZONING IN THE AREA SOUTH OF CHAPEL HILL, IN ACCORDANCE WITH THE ADOPTED SOUTHERN SMALL AREA PLAN (93-11-22/O-0.1l)

WHEREAS, on June 12, 1989, the Council of the Town of Chapel Hill adopted a Comprehensive Plan that prepared a vision for the Town's future; and

WHEREAS, one of the implementation steps recommended in the adopted plan is to adjust the zoning of the area, so that the zoning conforms with the land uses approved in the plan;

NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill that the zoning in Area 12 of the Southern Area is hereby rezoned to the category designated on the attached map.

This the 22nd day of November, 1993.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT RESOLUTION R-1.1. THE MOTION PASSED UNANIMOUSLY.

A RESOLUTION FOR THE ORANGE COUNTY BOARD OF COMMISSIONERS, ENDORSING THE PROPOSED REZONING OF THE SOUTHERN JOINT PLANNING AREA IN ACCORDANCE WITH THE TOWN OF CHAPEL HILL'S ADOPTED SOUTHERN SMALL AREA PLAN (93-11-22/R-1.1)

WHEREAS, on June 12, 1989, the Council of the Town of Chapel Hill adopted a Comprehensive Plan that prepared a vision for the Town's future; and

WHEREAS, on June 23, 1992, the Council of the Town of Chapel Hill adopted the Southern Small Area Plan for the land south of Morgan Creek and north of the Chatham County line; and

WHEREAS, on November 22, 1993 the Council of the Town of Chapel Hill adopted ordinances adjusting the zoning of the portion of the Southern Area that is within the Town's Extraterritorial Jurisdiction;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council endorses the proposed zoning shown on the attached map for the portion of the Southern Area that is in the Joint Planning Area, and that the Council requests that the Orange County Board of Commissioners concur in holding a public hearing as part of the process to adjust the zoning of this Joint Planning Area in accordance with the Southern Small Area Plan in the Spring of 1994.

This the 22nd day of November, 1993.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT RESOLUTION R-1.2. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION CALLING A PUBLIC HEARING TO CONSIDER AMENDING SUBDIVISION CLUSTER PROVISIONS (93-11-22/R-1.2)

WHEREAS, the Council on December 7, 1992 created two new zoning districts, Residential-Low Density 1 (R-LD1) and Residential-Low Density 5 (R-LD5);

WHEREAS, current subdivision provisions of the ordinance allow a reduction of up to 50% of the minimum land area for clustering of lots in order to preserve open space; and

WHEREAS, the Town Council wishes to consider changes to provide owners increased flexibility for subdivision layout in order to further preserve areas of environmental sensitivity;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council calls a public hearing to consider adjustments to the cluster provisions of the Development Ordinance

for May 16, 1993 at 7:30 p.m. in the Council Chamber of Town Hall, 306 N. Columbia Street, Chapel Hill N.C.

BE IT FURTHER RESOLVED by the Council of the Town of Chapel Hill that the Council requests the recommendations of the Planning Board

and the Parks and Recreation Commission regarding the proposed adjustments prepared by the Town Manager.

This the 22nd day of November, 1993.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER CHILTON, THAT A SIMILAR RESOLUTION BE ADOPTED AS WAS FOR THE MICHIE PROPERTY TO START A PROCESS TO REZONE. THE MOTION WAS ADOPTED UNANIMOUSLY

(9-0).

Item 6 Gimghoul Historic District Zoning Atlas Amendment

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO ADJOURN THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY

(9-0).

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT ORDINANCE O-2.

Council Member Andresen inquired about the level of citizen involvement in determining rules for individual local historic districts. Mr. Horton replied that citizens could play a part in requesting special rules, but in the end the Council would make the decisions, just as in other historic districts.

THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

AN ORDINANCE AMENDING THE CHAPEL HILL ZONING ATLAS (93-11-22/O-0.2)

WHEREAS, the Council of the Town of Chapel Hill has considered the proposal to amend the Zoning Atlas to create an overlay historic district on the property described below; and

WHEREAS, the Council finds that this property is of special significance in terms of its history, architecture, and culture, and finds that this property possesses integrity of design, setting, materials, feeling, and association; and

WHEREAS, the Council finds that conditions have changed in this area in that the neighborhood has been listed on the National Register of Historic Places and the neighborhood is over 50 years old; and

WHEREAS, the Council finds that the goals and objectives of the Comprehensive Plan are achieved by creating this overlay district,

NOW, THEREFORE, BE IT ORDAINED by the Council 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 60, Block A, Lot 1 through 13 and 15 through 26, and Map 60, Block B, Lots 4 through 12 and 14a, 15, 15a (portion), 16, 18 (portion), 19, 19a (portion), and Map 58, Block A, Lot 7. The proposed historic district is shown on the attached map.

SECTION II

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

This the 22nd day of November, 1993.

Item 7 Firearm Regulations

Mr. Horton noted that Council Member Waldorf was an author of a report on this matter. He added that the staff endorsed the items before the Council for consideration.

Council Member Chilton stated that he intended to vote against the ordinance because prohibiting persons from carrying small arms encouraged them to carry larger weapons. He said a primary purpose of adopting the ordinance was not to encourage longer barrels, which in turn encouraged more powerful weapons. Council Member Chilton said he could not support a restriction which encouraged persons to carry larger guns.

COUNCIL MEMBER CHILTON MOVED THAT ORDINANCE O-1 BE AMENDED TO DELETE SECTION 11-134. THE MOTION DIED FOR LACK OF A SECOND.

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

Council Member Waldorf summarized the report. She said the group consisted of four citizens and two police officers. Council Member Waldorf said they were all looking at the ordinances with an eye towards adjustments necessary for enforcement. She said that Section 11-131 stemmed from the officers' courtroom experience when dealing with DWI's, because of the difficulty in obtaining convictions unless the person was severely drunk. Council Member Waldorf said the group would rather have zero tolerance. She said that with regard to the concerns expressed by Council Member Chilton about Section 11-134, it was the committee's belief that it was a judgment call about what, if any, affect this ordinance would have on persons who carry guns. Council Member Waldorf said she felt that the other questions which were brought up had been answered in the report and by the Attorney.

Council Member Andresen asked if the committee had discussed whether enforcement of these ordinances would stretch the resources of the Police Department. Council Member Waldorf said they did not discuss this specific question. She said that more time may have to be spent in court. Mr. Horton said this ordinance was meant to be used as a tool, not as an area of selective enforcement.

Council Member Werner commented on how pleased and relieved he was that the Council was finally able to vote on this issue. He said that passage of the Brady Bill made this action timely. Council Member Werner thanked the Attorney and the citizens both pro and con who spent so much time at the public hearings on this matter.

Council Member Rimer stated that because President John F. Kennedy was murdered thirty years ago today it was symbolic to vote on this issue now. He said he felt that modifications were made to this ordinance because of comments made by citizens who felt their rights were being violated.

Council Member Capowski also thanked the Attorney and encouraged elected officials in the surrounding areas to also pass gun control measures.

Council Member Andresen stated that many citizens were concerned about the crime issue in the community and that this was a complicated problem. She felt this was a step forward and supported the ordinance.

Council Member Chilton said he was also supportive of most of the ordinance, and that in the intervening years since Kennedy's death only one law has been passed which would have limited Oswald's access to the gun used to shoot President Kennedy.

Council Member Powell said her opinions were somewhat different at this point than they were previously. She said that she had listened to both sides and considered all comments, and she commended the staff for a great job and would vote for the ordinance.

Council Member Brown stated her appreciation to the Attorney and the staff. She said this was not an easy process and she had learned a great deal. Council Member Brown said she also supported the ordinance.

Mayor Broun said he felt the Council was taking some real steps in the right direction because it gave the Police Department additional enforcement tools.

THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

AN ORDINANCE ENACTING ADDITIONAL TOWN REGULATIONS OF FIREARMS

(93-11-22-/0-1)

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

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

ARTICLE XIV. ADDITIONAL RESTRICTIONS ON POSSESSION

AND DISPLAY OF FIREARMS

Sec. 11-130. Findings and Purposes.

The Town Council does hereby find that:

a. North Carolina law authorizes cities and towns, within statutory and constitutional limitations, to regulate the use and display of firearms.

b. North Carolina law authorizes cities and towns, within statutory and constitutional limitations, to prohibit the possession of weapons or instrumentalities of mass death and destruction.

c. North Carolina law authorizes cities and towns, within statutory and constitutional limitations, to define, prohibit, regulate or abate acts or conditions detrimental to the health, safety, and welfare of their citizens and the peace and dignity of their communities.

d. The proliferation and use of small, readily concealed handguns and the proliferation and use of semi-automatic weapons create an ever-increasing danger of violence and crime, especially because of an increase in drug-related crimes, and pose a

serious threat to the health, safety, and welfare of the citizens of Chapel Hill.

e. The lawful civilian application or use of semi-automatic sporting rifles and shotguns for their intended purposes within the Chapel Hill Town limits is virtually non-existent, in that there are no shooting ranges or lawful hunting grounds within the Town limits.

f. Semi-automatic weapons, which are not prohibited by State law, can be a substantial threat to the health, safety, and welfare of the citizens of Chapel Hill similar to fully automatic weapons, which are prohibited by State law. Some fully automatic weapons which can discharge a 30-round magazine in two seconds can discharge the same number of rounds, if operated as semi-automatic weapons, in five seconds.

g. Semi-automatic weapons are capable of causing mass death and destruction.

h. The opportunity to use semi-automatic weapons as recreational sporting or hunting weapons within the Town limits is non-existent and is far outweighed by the threat that the weapons, if carried within the Town limits openly and/or loaded off one's own property, will cause injury and death to human beings.

i. Small, readily concealed handguns, as opposed to larger firearms, are more likely to be carried on the public streets and sidewalks and because they are often carried in an unlawful, concealed manner they pose an increased danger to public safety and welfare, and are otherwise more likely to be used in conjunction with criminal activity.

j. Handguns which are less than six inches in overall length are easily and ordinarily carried concealed.

k. Firearms without handgrips which are less than eight inches in length are easily and ordinarily carried concealed.

l. The display of firearms on the public streets, sidewalks and alleys of the Town by persons who are consuming or under the influence of drugs or alcohol, poses a threat to the safety and welfare of the citizens of Chapel Hill due to the effects of such drugs and alcohol on said persons' judgment.

m. The display of firearms at public assemblies on the streets, sidewalks, alleys and other public property of the Town, creates a potential hazard to the health, safety, and welfare of the citizens of Chapel Hill.

n. Private parking lots and privately owned open areas, subject to Town police officer parking and/or trespass regulatory authority at the request of the owners, function in virtually the same manner as publicly-owned property.

o. The display of firearms at polling places could be disruptive to the peaceful conduct of the election processes and is detrimental to the health, safety, and welfare of the citizens of Chapel Hill.

p. The establishment of reasonable additional regulations on firearms in these areas, within the limits prescribed by constitutional and statutory law, serves to enhance the health, safety and welfare of the citizens of Chapel Hill and the peace and dignity of the Town.

Sec. 11-131. Prohibition on display of firearms by persons consuming or under the influence of alcohol or drugs.

a. No person shall display on the Town streets, sidewalks, alleys or other public property, any firearm while said person is consuming or under the influence of alcohol or any other impairing substance.

b. A person commits a violation of section (a) if he displays a firearm upon any street, sidewalk, alley or other public property:

(1) While actually consuming any alcoholic beverage or other impairing substance; or,

(2) While under the influence of an impairing substance; or,

(3) After having consumed sufficient alcohol he has, at any relevant time after displaying the firearm, an alcohol concentration of 0.04 or more.

Sec. 11-132. Prohibition on display of firearms at polling places.

a. No person shall display any firearm at any polling place.

b. For purposes of this Article, the term "polling place" shall mean any area where the restrictions contained in North Carolina General Statute Sec. 163-147 apply.

c. This Section shall not apply to persons authorized by State or federal law to carry firearms in the performance of their duties.

Sec. 11-133. Prohibition on display of firearms at public assemblies.

a. No person shall display a firearm at any public assembly on any street, sidewalk, alley or other public property.

b. For purposes of this Article, the term "public assembly" shall mean the gathering of three or more persons within an area of close proximity so that the persons present are engaging in one or more common activities and can communicate with each other without use of voice amplifying or transmitting devices. The term public assembly shall not include any parade, funeral procession, picket line or demonstration regulated by N.C. General Statute Sec. 14-277.2 or any assembly regulated by N.C. General Statute Sec. 14-269.3.

c. This Section shall not apply to persons authorized by State or federal law to carry firearms in the performance of their duties.

Sec. 11-134. Prohibition on display of small handguns.

a. No person shall display, on any street, sidewalk, alley or other public property any handgun which is easily and ordinarily carried concealed.

b. For purposes of this Article, the term "handgun which is easily and ordinarily carried concealed" shall mean any handgun or other firearm with an overall length of less than six inches; provided, however that in the case of a handgun or firearm that does not have a handgrip, this term shall mean any such handgun or firearm with an overall length of less than eight inches.

c. For purposes of this Article, the length of a handgun shall be determined as follows:

1. as the length of a line drawn from the tip of the barrel of the handgun along the length of the barrel to the point where that line intersects with a perpendicular line drawn up from the point on the back of the handgrip farthest from the tip of the barrel; or,

2. if the length of the handgun measured along the barrel extends back beyond the point where the lines described in c.1. intersect, by the length shall be determined by the length of the gun measured straight back from the tip of the barrel for the full length of the gun; or

3. if the handgun does not have a handgrip, the length shall be determined by measuring the overall length of the weapon by a straight line connecting the tip of the barrel to the point farthest away from the tip of the barrel.

d. This Section shall not apply to persons authorized by State or federal law to carry firearms in the performance of their duties.

Sec. 11-135. Prohibition on possession of weapons of mass destruction.

a. Except as allowed by the exemption contained in Sec. 11-137 of this Article, no person shall possess, off his or her own premises, a weapon of mass death and destruction.

b. For purposes of this article the term "weapon of mass death and destruction" shall mean:

1. any semi-automatic action, center fire rifle or carbine that accepts a detachable magazine with a capacity of 20 rounds or more;

2. any semi-automatic shotgun with a magazine capacity of more than six rounds;

3. any semi-automatic handgun that is:

a) a modification of a rifle described in section

b. 1., or a modification of an automatic firearm; or,

b) originally designed to accept a detachable magazine with a capacity of more than 20 rounds; or,

c) possessed while a detachable magazine with a capacity of more than 20 rounds, usable with said handgun, is attached or readily or directly accessible;

4. any part, or combination of parts, designed or intended to convert a firearm into a weapon of mass death and destruction as defined in this Section or any combination of parts from which a weapon of mass death and destruction, as defined in this Section may be readily assembled if those parts are in the possession or under the control of the same person.

c. For purposes of this Article the term "weapon of mass death and destruction" shall not include:

1. any firearm within the definition of "weapon of mass death and destruction" contained in N. C. General Statute 14-288.8.

2. any firearm that uses .22 caliber rimfire ammunition with a detachable magazine with a capacity of 30 rounds or less.

3. any semi-automatic weapon which has been modified to either render it permanently inoperable or to permanently make it a device no longer defined as a weapon of mass death and destruction.

d. This Section shall not apply to persons authorized by State or federal law to carry firearms in the performance of their duties or persons exempted, by N.C. General Statute Sec. 14- 288.8(b) from the provisions of N.C. General Statute Sec. 14- 288.8.

Sec. 11-136. Public property defined.

For purposes of this Article, the term "public property" shall include, but not be limited to:

a) any privately owned public vehicular area as identified in N. C. General Statute Sec. 160A-301(d) where the Town has properly enacted parking regulations and, in addition, any privately owned outdoor area where the owner has, pursuant to N. C. General Statute Sec. 14-159.13, authorized Town police officers to trespass persons on said property during specified hours; provided, however, that such privately owned property shall only be considered public property for purposes of this Article if signs have been posted, in a manner reasonably likely to come to the attention of persons entering, with notice of the Town's exercise of regulatory authority.

b) property owned by, or under the control of, the Town of Chapel Hill or some other government or public agency; provided, however that the regulations contained in this Article shall not be construed to restrict the display or possession of firearms on residential property by the resident of said property, provided the possession or display is within the resident's own dwelling unit.

Sec. 11-137. Exemptions.

In accordance with United States Code Title 18, Section 926A, nothing in this Article shall be construed as prohibiting any person from transporting, shipping, or receiving a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, that in the case of a vehicle without a compartment separate from the driver's compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.

Sec. 11-138. Conflict of Laws.

If any portion of this Article shall be preempted or otherwise declared invalid by any state or federal authority, such action shall not operate to invalidate the rest of this Article and the same shall remain in full force and effect.

Sec. 11-139. Enforcement and Penalties.

a. Criminal penalties. Violation of any provision of this Article shall be a misdemeanor and shall be subject to a fine of $500 or imprisonment for not more than 30 days.

b. Civil enforcement. In accordance with N. C. General Statute Sec. 160A-175(d), in the case of any violation under this Article, the Town may apply to the General Court of Justice for an appropriate equitable remedy, which may include, but is not limited to, an order that the weapon displayed or possessed in violation of this Article be confiscated and destroyed or transferred to an appropriate law enforcement agency for the official use of such agency. It shall not be a defense to the application of the Town for such equitable relief that there is an adequate remedy at law.

Section 2. This Ordinance shall become effective December 1, 1993.

This the 22nd day of November, 1993.

Council Member Waldorf said now that the ordinance had been adopted, she would like to ask the Manager and Attorney to provide copies to the District Attorney and the court with all the legal research and documents so that they could make use of these materials. She also requested that these materials be sent to all local jurisdictions.

Council Member Waldorf stated that property owners affected by Section 11-136a needed to be notified of this ordinance so that the appropriate property signage could be posted.

Item 8 Transportation Improvement Program Priority

Project Listing

Mr. Horton said this revised proposal would approve a 1995-2001 Transportation Improvement Program (TIP).

Mr. Waldon said that the staff recommendation was to adopt Resolutions R-3a, c and d with the revised list of priorities. He stated that Resolution B was an alternative to Resolution A, the difference being that Resolution B included another paragraph which requested that the bridge over Morgan Creek be removed from the State TIP.

Charles Murphy spoke about the area of Manning Drive and the intersection of U.S. 15-501. He said a number of the residents there were concerned about these roadways. Mr. Murphy said the section from Mason Farm Road southward was particularly unsafe for pedestrians and bicyclists. Mr. Murphy said he hoped that whatever was adopted would include an access lane for bicyclists as well as pedestrian walkways. Mr. Murphy also requested that bus pulloffs, curb and gutter and additional modifications as necessary be considered in order to improve handling of emergency vehicle access. He said the situation on that part of the street had been in limbo for so long that the residents may feel that there was no need to improve their property. Mr. Murphy said some proposals has been to widen this road to four or five lanes, but the residents could not see any need for this type of thoroughfare. He said the traffic problem seemed to be the bottleneck occurring on South Columbia Street, so that area should be improved in the future. Mr. Murphy said there did not seem to be any need to greatly enlarge South Columbia Street beyond improving it for pedestrians and bicyclists.

Council Member Brown read a statement from Richard Zeiger of 304 McCauley Street. The statement noted that Mr. Zeiger represented about two hundred families who would like the Council to consider one lane north, one lane south, a turn lane, a bicycle lane, a pedestrian walk and the preservation of existing rock walls.

Council Member Capowski asked whether this report would come back to the Council in time to modify the list if they chose to do so before it went before the Transportation Advisory Committee. Mr. Horton stated they would be considering this project at their December meeting, so its priority needed to be modified this evening if this was what the Council wished.

Mayor Broun said that the priority listing would not lock in a particular configuration, but only which improvements needed to be made.

Council Member Brown inquired about what the Council had previously decided. Mr. Horton said the Council had not made a decision on the number of lanes proposed. He noted that the State Department of Transportation had not been approached in the last year on this matter.

Council Member Capowski said the purpose was not to enlarge but to stabilize, and suggested changing the wording on page 13 of the report to reflect this. Mayor Broun said he believed it needed to

stay the way the way it was in order to give the Council flexibility when dealing with the State on this issue.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT RESOLUTION R-3a.

Council Member Werner said Resolution R-3a was appropriate because he supported the Morgan Creek pedestrian and bicycle bridge. Council Member Werner stated that he wanted to modify item #6, Weaver Dairy Road, to add bicycle, pedestrian and transit accommodations "through to Erwin Road." Council Member Werner also stated he would like item #27 moved ahead of Sage Road, because it was an existing dangerous road, and also because it would be cheaper to build a Sage Road extension. Council Member Werner said he believed that Erwin Road improvements could be accomplished with the purchase of only a small amount of land. Council Member Werner suggested moving item #27 to item #11 and moving everything else down one priority. The changes were accepted by the Council by consensus.

Council Member Rimer asked whether the State Department of Transportation would cut down trees to build sidewalks on both sides of Pittsboro Street or would the Town have control in this matter. Mr. Horton said staff would work with the Department of Transportation or other appropriate parties to make sure that the trees would not be lost.

Council Member Andresen suggested that the Merritt Mill Road project be moved from priority #20 to #12, with all other projects being moved down one priority.

Council Member Capowski asked whether sidewalks were in the same category as roads in the priority listing. Mayor Broun said that as a practical matter the State would not fund free-standing sidewalk projects. He said therefore, they had to be considered in connection with a road project, and even then this was subject to some discretionary review. Mr. Horton said staff felt that these projects needed to be placed on the list so that if Department of Transportation policy changed, sidewalks could be considered.

Council Member Chilton noted that if this item (Merritt Mill Road) was moved to #12, it would be before Sage Road, therefore Sage Road would become item #13.

Council Member Brown suggested that improvements be made to South Columbia Street from Manning Drive to U.S. 15-501, including bicycle and pedestrian accommodations.

Mayor Broun said he supported a feasibility study for the Morgan Creek Bridge which would be a bicycle and pedestrian bridge rather than a roadway.

RESOLUTION R-3a WAS ADOPTED AS AMENDED. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION APPROVING TRANSPORTATION PRIORITIES TO BE SUBMITTED TO THE NORTH CAROLINA BOARD OF TRANSPORTATION AND THE DURHAM-CHAPEL HILL-CARRBORO URBAN AREA TRANSPORTATION ADVISORY BOARD FOR INCLUSION IN THE DURHAM URBAN AREA TRANSPORTATION IMPROVEMENT PROGRAM AND NORTH CAROLINA TRANSPORTATION IMPROVEMENT PROGRAM (93-11-22/R-3a)

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-Chapel Hill-Carrboro 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 that the Council of the Town of Chapel Hill adopts a priority listing of transportation projects within the community, as set forth in the attached lists.

BE IT FURTHER RESOLVED that the Council of the Town of Chapel Hill continue to support the projects included in the 1994 - 2000 Transportation Improvement Program for funding.

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

This the 22nd day of November, 1993.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO APPROVE RESOLUTION R-3c. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION DIRECTING THE MANAGER TO PREPARE A REPORT REVIEWING THE OPTIONS FOR WIDENING SOUTH COLUMBIA STREET (93-11-22/R-3c)

WHEREAS, the Council of the Town of Chapel Hill has included the improvement of South Columbia Street in its 1995-2001 Transportation Improvement Program Priority Listing; and

WHEREAS, there have been several options suggested for making improvements to South Columbia

NOW, THEREFORE, BE IT RESOLVED that the Council of the Town of Chapel Hill directs the Manager to prepare a report summarizing the available options for improving South Columbia Street, including bicycle and pedestrian facilities.

This the 22nd day of November, 1993.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO ADOPT RESOLUTION R-3d. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION DIRECTING THE MANAGER TO PREPARE A REPORT REVIEWING THE ESTABLISHMENT OF PERMANENT BICYCLE LANES ALONG CAMERON AVENUE

(93-11-22/R-3d)

WHEREAS, Town of Chapel Hill seeks to promote bicycle use as a safe alternative mode of travel; and

WHEREAS, Cameron Avenue has a significant amount of daily bicycle use; and

WHEREAS, the existing bicycle lanes along Cameron Avenue are reserved for bicycle use for only a portion of each day.

NOW, THEREFORE, BE IT RESOLVED that the Council of the Town of Chapel Hill directs the Manager to prepare a report reviewing the option of establishing permanent bikelanes along Cameron Avenue.

This the 22nd day of November, 1993.

Item 9 Horace Williams Airport Memorandum of Understanding

Diane Bloom, representing Citizens for Airport Planning, said it was easy to lose sight of the big picture. She said the University, school board, and community recognized that the current airport location was a poor one. Ms. Bloom said that since 1981 there had been 13 fatalities, with one crash occurring 1/4 mile from Seawell School. She said that in 1989 when the runway was extended, University officials said they were committed to keeping the airport from expanding. Ms. Bloom said it seemed they were now trying to expand the facility. She said Citizens for Airport Planning were categorically opposed to any proposal to expand the airport. Ms. Bloom said her group believed it was important that the University give the community their assurance that the operations of the airport not increase, that the airport be relocated to a more reasonable location, and that 12 midnight to 5 a.m. flights be prohibited.

Morris Schaefer said that last February there were two things that seemed to be moving in their favor. He said one was a repetition of what had been said several years before by the Chancellor that there would be no growth in the airport and that relations would be institutionalized among the interested parties. Mr. Schafer said a number of reinterpretations had since been made. He said this opened the door for more commercial activity of operations not based at the airport. Mr. Schafer said more importantly the fatal flaw in the Memorandum of Understanding spoke to the issue of a policy of no greater use of the airport facility. He said the University was very much concerned with a level of traffic that would make the airport self-supporting, and did not enforce the restrictions of night flying.

Mr. Schafer said it was tempting that the Council simply not approve the signing of this Memorandum of Understanding. He said it was merely symbolic, because the University reserved the right to make any changes it wished. He said if the Council adopts this Memorandum of Understanding it symbolizes the Town's acquiescence in moving backwards. Mr. Schafer said adopting the proposed memorandum would be a clear contradiction of the policy adopted in October, 1989. Mr. Schaefer also said he felt that was room for a more reasonable approach by the University and suggests that the resolution before the Council tonight be tabled. Mr. Schafer stated that one more effort should be made to include in this Memorandum of Understanding specific wording that the University put in writing itself on October 16, 1990 that no action would be initiated that would lead to greater use of the facility. He said that if the Council thought there was a chance of this kind of policy commitment, then the matter should be tabled this evening. Mr. Schafer said if the Council believed there was no chance, then he asked that the Council not adopt it.

Council Member Andresen said the matter came down to needing a reassurance from the Chancellor that he was sticking to his commitment of 1989. She said it stood to reason that if there going to be a Memorandum of Understanding then there should be a common goal, and this should be sought from the University. Council Member Andresen said although she had spoken to the Vice Chancellor in this regard, she felt that the University was genuinely looking for an alternate airport site. Council Member Andresen said because the future was uncertain, the resolution should be tabled this evening.

Mayor Broun suggested that the other half of this item was the appointment of an Airport Advisory Group. He suggested that the Council proceed in this matter. Council Member Andresen said that she disagreed, and that she would rather see this particular effort brought to a conclusion.

Mayor Broun said an Airport Advisory Group could negotiate with the Town and the University to work out differences and work out something more agreeable to both parties.

Council Member Brown asked whether there was any indication if the University might possibly include language with regard to no greater use of the facility. Mayor Broun said this question had specifically been raised and that sentence was not acceptable.

Mr. Horton reaffirmed that it was possible that the Chancellor might be willing to reconsider based on the discussion tonight, and suggested no action be taken tonight. Council Member Waldorf agreed, stating that the University should be given the opportunity one more time to add a statement regarding no greater use of the facility.

Council Member Capowski agreed that giving this problem to an advisory group would not be a reasonable thing to do, and that this matter should be tabled, and that the Mayor and Manager be directed to continue discussions with the University.

Council Member Andresen suggested that a Council Member and a member of the citizens group be involved in these discussions.

Mayor Broun said the question could be asked in writing, instead of a personal visit. Council Member Capowski agreed. Council Member Werner said that if a letter was sent, then the Chancellor would presumably have to respond.

Mayor Broun said he would be glad to make a personal visit, but would prefer to make a general statement to request the University to add language to the affect that no action would be taken that would increase the use of the facility.

COUNCIL MEMBER WALDORF MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, THAT THE MAYOR COMMUNICATE WITH THE CHANCELLOR THAT THIS LANGUAGE BE ADDED. THE MOTION PASSED UNANIMOUSLY.

Item 10 Streetscape

Mr. Horton briefly reviewed the resolutions before the Council.

Council Member Capowski said he was in favor with these proposed resolutions, but was uneasy about the location of the pilot program.

Urban Forester Curtis Brooks said one important point was that the Top of the Hill project would represent the type of improvements which were being recommended for that part of the Town, and that hopefully would be taking place quickly. He said the Ham's Restaurant area gave a different perspective for the west end of Franklin Street.

Council Member Capowski asked when the Top of the Hill would be completed. Mr. Horton said the site should be completed in March or April.

Council Member Brown said she was concerned about a project costing $4.8 million dollars when the money was not in hand. She asked what kind of commitment was being made, and how this was addressed in the Comprehensive Plan. Council Member Brown said she was not hopeful that the cost would be lower than anticipated, and could very well be more. Mr. Horton stated that with this action, the Council was making no commitment to spend any sum of money, but it would put the Town in the position of requesting improvements from developers in this area as development took place.

Council Member Andresen said she did not believe that the average person understood the objectives of the Streetscape program, and the pilot project would be an excellent way to spark interest. She said that the Town of Carrboro had done an excellent job with the area around the Weaver Street Market, and that West Franklin Street needed this type of attention.

Council Member Waldorf asked Mr. Brooks whether the benches could be easily removed if they did not work out well. Mr. Brooks responded that only 4 to 6 benches were proposed for the pilot project, and if they were grouped together their use could be enhanced. He said it would be no problem to remove them.

Council Member Werner asked if someone redeveloped a piece of property, would the Town have to pay for these improvements. Mr.

Horton answered that the Town had been successful in the past in convincing developers to make improvements.

Council Member Werner said he agreed it did not commit the Town in

any formal way of paying for these improvements, but the Council needed to be clear on just what they were adopting.

Regarding irrigation, Council Member Brown said it seemed preferable to have drought-resistant plants that would not need irrigation. Mr. Brooks responded that the opportunity for this was minimalized. He said that seasonal plantings could be used as well as redirecting curbings to help control irrigation. Council Member Brown said that the use of energy-efficient lights should be included in the language as well as encouraging the use of recycled materials.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPTED RESOLUTION R-5. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ADOPTING A STREETSCAPE PLAN AS A COMPONENT OF CHAPEL HILL'S COMPREHENSIVE PLAN (93-11-22/R-5)

WHEREAS, the Council has directed the Town Manager to prepare a Streetscape Plan for Downtown Chapel Hill, in cooperation with Town Advisory Boards; and

WHEREAS, a proposed Streetscape Plan has been prepared that recommends specific improvements for curb alignments, pedestrian movements, lighting, sidewalk treatments, street furniture, and landscaping in the downtown area; and

WHEREAS, the Council finds the recommended plan to describe a desirable set of physical improvements to the downtown area; and

WHEREAS, the proposed plan can serve as a guide to future decisions about improvements to downtown;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council adopt the attached "Downtown Chapel Hill Streetscape Master Plan" as a component of the Town's Comprehensive Plan.

This the 22nd day of November, 1993.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO ADOPTED RESOLUTION R-6a. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO USE $28,000 FROM CIP AND DOWNTOWN SERVICE DISTRICT FUNDS TO IMPLEMENT A DOWNTOWN STREETSCAPE MASTERPLAN DEMONSTRATION PROJECT FOR WEST FRANKLIN STREET STREETSCAPE REPAIR; AND TO PROCEED WITH THE SEQUENCE OF FUTURE PLANS AND STUDIES RECOMMENDED IN THE REPORT ENTITLED "DOWNTOWN STREETSCAPE MASTER PLAN IMPLEMENTATION PROCESS REPORT"

(93-11-22/R-6a)

WHEREAS, the CIP and Downtown Service District funds include about $28,000 which could be used in initial implementation of the Downtown Streetscape Masterplan; and

WHEREAS, use of these funds to implement a demonstration project ultimately will provide information essential to future overall policy decisions related to implementation, scheduling and funding for the Downtown Streetscape Masterplan;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is authorized to use $28,000 in CIP and Downtown Service District funds to implement a Downtown Streetscape Masterplan demonstration project for the West Franklin Street Streetscape Repair; and further to proceed with recommended plans and studies presented in "Downtown Streetscape Master Plan Implementation Process Report".

This the 22nd day of November, 1993.

Mayor Broun noted that there was already a committee of the Public Private Partnership which was dealing with this matter. He suggested that the Council establish a committee of three Council members who would work with the existing PPP committee.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION R-6.1.

Council Member Capowski suggested that Resolution 6.1 be amended to say the committee would work with other committees having similar goals.

Council Member Werner said the resolution did not really say that the committee would look for ways to fund Streetscape. He asked that language be added to say "the Committee would make recommendations as it deems appropriate for sources of short-term and long-term funding and implementation of various elements of the Streetscape Plan."

THE RESOLUTION, AS AMENDED, WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ESTABLISHING A STRUCTURE AND CHARGE FOR A STREETSCAPE FINANCING COMMITTEE (93-11-22/R-6.1)

WHEREAS, the Council desires to develop a strategy for undertaking and funding Streetscape improvements in the downtown area; and

WHEREAS, the Council believes that maintaining and enhancing downtown will benefit the overall community;

NOW, THEREFORE, BE IT RESOLVED that the Council of the Town of Chapel Hill adopts the following charge and structure for the Streetscape Financing Committee:

* The Committee shall consist of three to nine members, including up to three Council Members. The Committee may also include representatives of the business community, the downtown community and citizens at large.

* The Committee shall make recommendations as it deems appropriate to the Council for funding short-term and longer-term implementation of the various elements of the Streetscape Plan.

* The Committee shall obtain the views of and to seek the support of interested citizens including but not limited to business people within and outside of the downtown area in the process of developing recommendations, and to conduct such public meetings or forums as the committee deems appropriate in this process.

* The Committee shall make a report and recommendations to the Council by February, 1994.

* The Committee's meetings shall be open to the public and advance notices of meetings shall be provided in accord with State law.

This the 22nd day of November, 1993.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO DEFER RESOLUTION R-6.2 TO THE DECEMBER 7 MEETING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 12 Parking Restrictions on West Franklin Street

at Roberson Street

Mr. Horton briefly described the ordinance before the Council.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT ORDINANCE O-3.

Council Member Brown asked why it was necessary to remove three parking spaces on Franklin Street. She said she understood the removal of the bushes because it blocked the view, but the parking spaces did not seem to block the view. Engineering Director George Small said the site analysis involved looking at the view from both directions. He said that based on the analysis of travel, 85 feet was necessary at this location.

ORDINANCE O-3 WAS ADOPTED UNANIMOUSLY (9-0).

AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES

(93-11-22/O-3)

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

SECTION I

That section 21-27 "No parking as to particular streets" is amended by inserting the following therein, in appropriate alphabetical order.

STREET	SIDE	FROM	TO
West Franklin Street	South	Roberson Street	A point 85.5 feet east
Roberson Street	East	W. Franklin Street	A point 45 feet south

SECTION II

This ordinance shall become effective on December 1, 1993.

SECTION III

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

This the 22nd day of November, 1993.

Item 13 Presentation of Financial Audit

Rex Price of Deloitte and Touche noted that the transmittal letter outlined the major points of the audit and called the Council's attention to the individual audits at the end of the document. Mr. Price said undesignated fund balance had increased from 8% to 10%.

Council Member Capowski asked whether the suggested fund balances were related to interest rates. Mr. Price said undesignated fund balance was what was set aside to cover the next year's expenses, so 10% would not earn much interest. He noted that this percentage had improved over the years and continued to improve.

Item 14 Comments by Retiring Council Members

Council Member Andresen stated she was sorry to leave. She said she had enjoyed the last eight years tremendously, and there was nothing more exciting than local government. Council Member Andresen said it was nice to make a difference, that individuals could have an immediate effect on people. She said she had enjoyed helping citizens express their concerns to Town Hall, being involved in intergovernmental negotiations, finding creative solutions to complex problems, and her own personal growth. Council Member Andresen stated that one thing she learned from being on the Council was not to take criticism personally, and to learn to express your point of view while improving your listening skills. She said she saw lots of challenges facing the town, such as keeping the tax rate in line with citizens' wishes, and growth management. Council Member Andresen said the Town's relationship with the University would continue to be very important, as well as with the County. Council Member Andresen said she promised to continue to have an active interest in Town affairs and had enjoyed her service to the Town.

Council Member Rimer said he took this job on purely for the purpose of public service and had enjoyed it. Council Member Rimer stated he had met some nice people and commended the wonderful staff that he had had the opportunity to work with. He wished the new Council Godspeed in what must be done over the next few years and said he hoped to be able to work with them.

Council Member Werner said he thought things had changed a lot over the last eight years in Chapel Hill. He stated people still, with a straight face, called Chapel Hill a village, and were concerned with maintaining a village atmosphere. Council Member Werner said urbanization had taken control and the issues have become increasingly difficult and less under the Council's control.

Council Member Werner said he believed Town government in Chapel Hill worked in that the Council was responsive to the citizenry. Council Member Werner said one reason it worked so well was that the Council's business was conducted in a very public way. He said people appreciated this openness. Council Member Werner said that as issues became more complicated, it was important to recognize that there were certain things the Council can do and some they can not do. Council Member Werner said he had tried to represent the entire Town as best he could, and this involves a lot more than just attending meetings. Council Member Werner said he felt that the Council was on the right track regarding increasing the tax base and keeping the tax rate under control. Council Member Werner said he felt that intergovernmental relations were very important. He added the importance of remembering that the Town was no longer a village. He said one of the most important relationships was with the University, and he felt this relationship had improved dramatically over the last several years. Council Member Werner said that the Council just added something tonight to the Comprehensive Plan which was a vision of what we want to become and how we want to get there.

Item 15 Consent Agenda

Council Member Brown requested removal of item e.

Council Member Capowski requested removal of item l.

Council Member Andresen requested removal of item m and o.

Council Member Waldorf commented on item t, thanking staff for their efforts. She also requested these names be added to the Criminal Justice Committee.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT THE CONSENT AGENDA WITH THE EXCEPTION OF ITEM E, L, M, AND O. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES

(93-11-22/R-8)

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

a. Minutes of October 20, 25 and November 4.

b. Deleted.

c. Rescheduling budget work session (R-10).

d. Possible future annexation areas (R-11).

e. New library plumbing change order (R-12).

f. Trinity Court renovation change order (R-13).

g. New public housing construction change order (R-14).

h. Authorization for police grant application (R-15).

i. New library telephone bid award (R-16).

j. Calling hearing on annexation of Culbreth Middle School (R-17).

k. Culbreth Park lot line adjustment (R-18).

l. Referral of report on Fire Department cooperation (R-19).

m. Referral of pedestrian plan for advisory board review

(R-20).

n. Relocation of U.S. 15-501 south park & ride lot (R-21).

o. Estes Drive Extension feasibility study (R-22).

p. Transportation user fee policy for hourly volume parking discounts (R-23).

q. Personnel ordinance amendment (O-4).

r. Oaks condominium drainage system improvements (R-24).

s. Submittal of Comprehensive Housing Affordability Strategy

(R-25).

t. Restructuring of Violent Crime and Drug Abuse Program

(R-26, 27).

u. Extension of time period for Town review of basic cable television rates (R-28.)

v. Reappropriation of encumbrances (O-5).

This the 22nd day of November, 1993.

A RESOLUTION RESCHEDULING THE MAY 10, 1994 BUDGET WORK SESSION

(93-11-22/R-10)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby reschedules the budget work session previously planned for May 10, 1994 to May 11, 1994.

This the 22nd day of November, 1993.

A RESOLUTION IDENTIFYING THE AREAS DESCRIBED WITHIN AS BEING UNDER CONSIDERATION FOR ANNEXATION (93-11-22/R-11)

BE IT RESOLVED by the Council of the Town of Chapel Hill:

SECTION 1

That pursuant to G.S. 160A-49 (i), the following described areas are identified as being under consideration for annexation by the Town of Chapel Hill, under provisions of Part 3, Article 4A of Chapter 160A of the General Statutes of North Carolina:

Unincorporated area between Chapel Hill's existing corporate limits and the Town's Urban Services Boundary as identified on the 1986 Land Use Plan adopted by the Council on July 14, 1986.

The above areas are shaded on attached Map 1, which shall be incorporated into this resolution by reference, in accordance with N.C. General Statute 160-49(i).

SECTION 2

That a copy of this resolution shall be filed with the Town Clerk.

This the 22nd day of November, 1993.

A RESOLUTION AUTHORIZING THE MANAGER TO EXECUTE A CHANGE ORDER IN THE AMOUNT OF $20,050.61 TO BORDEAUX CONSTRUCTION COMPANY, INC. FOR THE RENOVATION OF THE TRINITY COURT NEIGHBORHOOD (93-11-22/R-13)

WHEREAS, the original contract amount was $540,000 and the Town has approved change orders in the amount of $49,214; and

WHEREAS, the Council has established a policy for approving change orders for construction contracts which exceed the limit of $50,000;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to execute a change order with Bordeaux Construction Company, Incorporated in the amount of $20,050.61 for the renovation of Trinity Court neighborhood, as listed below and discussed in the Town Manager's report of November 22, 1993.

4. Install 300 feet of underground storm drain $20,050.61

lines and bulkwall, and replace water heaters.

This the 22nd day of November, 1993.

A RESOLUTION AUTHORIZING THE MANAGER TO EXECUTE CHANGE ORDERS IN THE AMOUNT OF $32,083 TO DTH CONSTRUCTION COMPANY, INC. FOR THE NEW PUBLIC HOUSING UNITS (93-11-22/R-14)

WHEREAS, the original contract amount was $1,274,850 and the Town has approved change orders in the amount of $240,160; and

WHEREAS, the Council has established a policy for approving change orders for construction contracts which exceed the limit of $50,000;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manger to execute change orders with DTH Construction Company, Incorporated in the amount of $32,083 for the new public housing construction, as listed below and discussed in the Town Manager's report of November 22, 1993.

50. Removal of rock and unsuitable soil $26,598.00

51. Additional work in road for DOT $ 5,485.00

This the 22nd day of November, 1993.

A RESOLUTION AUTHORIZING THE MANAGER TO SUBMIT A GRANT APPLICATION TO THE DEPARTMENT OF JUSTICE FOR PARTIAL FUNDING OF FIVE POLICE OFFICER POSITIONS FOR THREE YEARS (93-11-22/R-15)

WHEREAS the Department of Justice has made available funds for police officers' salaries and benefits for three years for community policing programs; and

WHEREAS the Department of Justice will fund seventy-five percent of salary and benefits, with a maximum of $75,000 per position for the three years, and the Town would be responsible for the remaining salary and benefits, over-time, and all equipment and supplies; and

WHEREAS the Police Department has devised a community policing program for the Pine Knolls neighborhood, Northside neighborhood, and the West Franklin and West Rosemary Streets business area; and

WHEREAS the grant application would request funding for five police officers to provide community policing services in these areas; and

WHEREAS the cost to the Town for salaries, benefits, overtime, training, equipment, and supplies would be $149,878; and

WHEREAS the Town must have a plan for continuation of the program and retention of the officers as part of the grant application;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Manager is authorized to submit a grant application to the Department of Justice for five police officers to provide community policing services in Chapel Hill.

This the 22nd day of November, 1993.

A RESOLUTION ACCEPTING BIDS AND AWARDING A TELEPHONE SYSTEM AND INSTALLATION CONTRACT FOR THE CHAPEL HILL PUBLIC LIBRARY FACILITY (93-11-22/R-16)

WHEREAS, the Town of Chapel Hill has solicited formal bids by advertisement in the October 29, 1993 edition of The Chapel Hill News in accordance with G. S. 143-129 for the Chapel Hill Public Library facility; and

WHEREAS, the following bids were received and opened on November 5:

Company	Metro NEW	Metro USED	Teleco NEW	Teleco USED	T-R NEW
Phone System	Premier ESP	Premier ESP	Strata DK280	DK96	Comdial
System Price	$ 9,673.00	$ 8,620.00	$14,000.00	$ 9,500.00	$13,376.20
VPS Price	5,995.00	5,995.00	6,500.00	6,500.00	7,735.00
Installation	3,813.00	3,813.00	2,000.00	1,500.00	4,600.00
All LCD Sets	$ 1,620.00	$ 1,458.00	$ 1,620.00	$ 1,620.00	$ 1,350.00
Total	$21,101.00	$19,526.00	$24,120.00	$19,120.00	$27,061.20

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town accepts the bid and awards a contract for the telephone system and system installation for the Chapel Hill Public Library to Metro Telecom in the amount of $21,101.

This the 22nd day of November, 1993.

A RESOLUTION CALLING A PUBLIC HEARING ON ANNEXING CULBRETH MIDDLE SCHOOL (93-11-22/R-17)

WHEREAS, the owners of property that is the site of the Culbreth Middle School have petitioned the Town of Chapel Hill to annex said property located south of Culbreth Road and west of U.S. 15-501; and

WHEREAS, the Town Clerk has received the petition and certified to the Council the sufficiency of said petition pursuant to North Carolina General Statute 160A-31;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby calls a public hearing for 7:30 p.m. on Tuesday, January 18, 1994, in the Town Hall Council Chambers, 306 N. Columbia Street, Chapel Hill, NC 27516, on this annexation petition for Culbreth Middle School and the intervening Culbreth Road right-of-way.

BE IT FURTHER RESOLVED that the Town Manager shall cause notice of the public hearing to be published, in a newspaper having general circulation in the municipality, at least 10 days before the date of the public hearing.

This the 22nd day of November, 1993.

A RESOLUTION INDICATING INTENT TO CONSIDER AUTHORIZATION OF AN ADJUSTMENT TO THE BOUNDARY OF TOWN OWNED RECREATION AREA IN CULBRETH PARK SUBDIVISION (93-11-22/R-18)

WHEREAS the Town of Chapel Hill owns land in the Culbreth Park Subdivision which is identified on Plat Book 55, Page 62 at the Orange County Register of Deeds; and

WHEREAS the subdivision developer, Culbreth Park Community Development Corporation, owns Lot 31 in the subdivision; and

WHEREAS the developer proposes an adjustment to the shared boundary between Lot 31 and the Town recreation area which would result in no change to the land area of the Town recreation area or Lot 31;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council intends to consider the proposed adjustment to the shared property line at the January 10, 1994 Town Council meeting held at the Council Chamber of Town Hall located at 306 North Columbia Street.

This the 22nd day of November, 1993.

A RESOLUTION AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE AGREEMENT FOR PURCHASE OF LAND AND THE RELOCATION OF A PARK/RIDE LOT WITH SOUTHERN VILLAGE DEVELOPMENT COMPANY (93‑11‑22/R‑21)

WHEREAS, the Town operates public transportation services within the Town; and

WHEREAS, The Town has planned for the construction of a new park/ride lot along US Highway 15‑501 South at a site known as the Southern Community Park, with funding from the Federal Transit

Administration and the North Carolina Department of Transportation; and

WHEREAS, Southern Village Development Company is developing property which abuts the Southern Community Park Site on its northern boundary and is interested in having a park/ride facility in close proximity to its development; and

WHEREAS, the parties, for their mutual benefit, have entered into an agreement to cooperate to design and construct a park/ride lot and access road on the proposed Southern Village property;

NOW THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill, that the Council authorizes the Town Manager to execute an amendment to the agreement on behalf of the Town. The terms and

conditions of this amendment will be substantially the same as those shown in the attached amendment (Attachment 1).

This the 22nd day of November, 1993.

A RESOLUTION AMENDING THE TRANSPORTATION USER FEE POLICY TO INCLUDE ADDITIONAL PROVISIONS FOR HOURLY PARKING VOLUME DISCOUNTS (93‑11‑22/R‑23)

WHEREAS, the Town owns and operates Parking Lots and rents spaces on an hourly basis; and

WHEREAS, Downtown business have requested additional options for subsidizing customer parking in the town lots;

BE IT RESOLVED by the Council of the Town of Chapel Hill, that the Council adopt the following amendments to the Transportation User Fee Policy:

Hourly Parking Fees

1. Tokens (1‑49) = 1/2 hr use for $.50 each = 0% discount

Tokens (50-99) = 1/2 hr use for $.45 each = 10% discount

Tokens (100+) = 1/2 hr use for $.40 each = 20% discount

Tokens (200+) = 1/2 hr use for $.375 each = 25% discount

2. Coupons to be printed by the merchant after approval from Parking Services. These coupons accepted for parking charges at established rates. Billing to be done on a monthly basis.

Minimum use per month ‑ 50 hrs/100 coupons = 20% discount Minimum use per month ‑ 100 hrs/200 coupons = 25% discount

3. Monthly Accounts with appropriate validation approved by Parking Services and provided by the merchant.

Minimum use per month ‑ 50 hrs = 20% discount

Minimum use per month ‑ 100 hrs = 25% discount

This the 22nd day of November, 1993.

AN ORDINANCE AMENDING THE POSITION CLASSIFICATION AND PAY PLAN

(93-11-22/O-4)

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 September 1, 1993".

In Section IV, part C, in the library section, DELETE the lines

Full-Time Part-time Grade

No. Hrs. No. Hrs.

Librarian II 1 37.5 1 22 22

Library Technical Assistant 1 37.5 1 20 17

Library Processing Clerk II - - 2 30 14

Library Processing Clerk I 1 37.5 1 25 12

and ADD the lines

Librarian II 1 37.5 1 30 22

Library Technical Assistant 1 37.5 1 30 17

Library Processing Clerk II- - 2 25/20 14

Library Processing Clerk I 1 37.5 1 20 12

This the 22nd day of November, 1993.

A RESOLUTION DIRECTING THE TOWN MANAGER TO WORK WITH THE OAKS CONDOMINIUM HOMEOWNERS' ASSOCIATION TO DEVELOP A VALID PETITION FOR ASSESSMENT OF COSTS ASSOCIATED WITH DRAINAGE IMPROVEMENTS

(93-11-22/R-24)

WHEREAS, the homeowners association of the Oaks Condominiums has requested assistance from the Town to solve drainage problems; and

WHEREAS, the Town has evaluated the problems and suggested mitigation measures; and

WHEREAS, the costs of the proposed improvements could be assessed to benefitting property owners, if a valid petition is received by the Council and funding is approved.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council directs the Manager to assist the residents of the Oaks Condominiums in developing a valid petition for improving drainage facilities serving their properties.

This the 22nd day of November, 1993.

A RESOLUTION AUTHORIZING THE SUBMISSION OF A FIVE YEAR COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY (93-11-22/R-25)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes Orange County to submit the Five Year Comprehensive Housing Affordability Strategy, including the 1993 Annual Performance Report, as described in the Manager's memorandum to the Council dated November 22, 1993 to the U. S. Department of Housing and Urban Development, including all understandings, assurances, and certifications required herein.

BE IT FURTHER RESOLVED that the Manager is hereby designated as the authorized representative of the Town to act in connection with the Comprehensive Housing Affordability Strategy and to provide such additional information as may be required by the U. S. Department of Housing and Urban Development.

This the 22nd day of November, 1993.

RESOLUTION RESTRUCTURING THE VIOLENT CRIME AND DRUG ABUSE PROGRAM AND APPOINTING CHAIRS AND MEMBERS OF EACH OF THE COMMITTEES

(93-11-22/R-26)

WHEREAS, the Council of the Town of Chapel Hill has established the Violent Crime and Drug Abuse Program with a structure of several committees; and

WHEREAS, the Council has considered the accomplishments of the first year and means to improve the structure of the program,

NOW, THEREFORE, BE IT RESOLVED, by the Council of the Town of Chapel Hill that the Violent Crime and Drug Abuse Program be restructured by:

- changing the name of the Leadership and Monitoring Committee to the Coordinating Committee to reflect its current function, and expanding its membership to include the chairs of all the other committees, the Superintendent of Schools and the Director of the Economic Development Commission

- disbanding the Downtown Committee and asking a variety of downtown-related groups to take on the remaining charges of the committee

- disbanding the Economic Opportunities Committee and asking the Orange County Economic Development Commission to pursue the committee's original charge

- formally appointing all the members of the committees of the Violent Crime and Drug Abuse Program

This is the 22nd day of November, 1993.

A RESOLUTION APPOINTING CHAIRS AND MEMBERS OF THE 1993-94 COMMITTEES OF THE VIOLENT CRIME AND DRUG ABUSE PROGRAM

(93-11-22/R-27)

WHEREAS, the Council of the Town of Chapel Hill wishes to express its appreciation to the many residents who worked during the past year on the Violent Crime and Drug Abuse Program; and

WHEREAS, the Council understands that most of those people will continue to work and many others have joined them,

BE IT HEREBY RESOLVED by the Council of the Town of Chapel Hill that the following people are appointed to serve as chairs of the committees:

Alexandra Brownstein Criminal Justice

Jay Bryan Youth

Don Boulton University/Community

Cooperation

Sarah Kogut Sexual Assault &

Domestic Violence

Neil Offen News Media

Rosemary Waldorf Law Enforcement

BE IT FURTHER RESOLVED, that the Council of the Town of Chapel Hill appoints the following people to the following committees:

CRIMINAL JUSTICE COMMITTEE

Chief Ben Callahan Joyce Kuhn

Julio DeAngelis Arnold Lau

William Flythe Mae McLendon

Carl R. Fox Ben Perkowski

Ray Griffenhagan Chawanda C. Simms

Warren Jones

LAW ENFORCEMENT

AND SUPPORT SERVICES COMMITTEE

Julie Andresen Roscoe Reeve

Chief Ben Callahan David Roberts

Rebecca S. Clark Diana S. Robinson

Chief Alana Ennis Darren M. Skeen

Paul Emerson Knight Vince Stevens

Caroline B. Long Lee Weisbecker

Elsie Pickett (Coordinating Comm. Member)

NEWS MEDIA COMMITTEE

Mark Chilton (Coordinating Comm. Member) Mark Schultz

Beth Deacon Kevin Schwartz

Clifton B. Metcalf Peter Wallsten

Rafael Paull Julia White

THE SEXUAL ASSAULT

AND DOMESTIC VIOLENCE COMMITTEE

Mildred Council Joel Harper

W. Julio DeAngelis Margaret Henderson

Jill Duvall and Annette Shepard Carolyn Hutchison

John Garmatz Michelle Reeves

Adam Goldstein (Coordinating Comm. Member) Jan Stone

Pam Grantham Sibby Anderson-

Thompkins

YOUTH COMMITTEE

Carol A. Calloway Ronnie Jackson

Frank Camp Frank Loda

Bunny Donahue Steven D. Mullinex

Mary Etheridge George L. Price

Melrose Fisher Marti Pryor Cook

Donn Hargrove Justi Schunior

Eileen Helton Sharron Siler

Jacquelyn Gist (Coordinating Comm. Member) Susan Worley

This is the 22nd day of November, 1993.

A RESOLUTION EXTENDING THE PERIOD FOR REVIEW OF BASIC CABLE TELEVISION RATES UNDER FEDERAL REGULATIONS (93-11-22/R-28)

WHEREAS, the Council has taken steps necessary to enforce federal regulations for basic cable service and associated equipment; and

WHEREAS, under federal rules, the cable television company must submit information on its rates to the Town by late November; and

WHEREAS, because the Council will not hold a regular business meeting until January 10, 1994, an extension of the period for rate review is needed;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the period for rate review is extended by 90 days in the

case of any filing under the benchmark rules and by 150 days in the case of any filing under cost-of-service rules.

This the 22nd day of November, 1993.

AN ORDINANCE TO AMEND THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1993" (93-11-22/O-5)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled "An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 1992" as adopted on June 28, 1993 be and the same is hereby amended as follows:

ARTICLE I

APPROPRIATIONS	CURRENT BUDGET	INCREASE	DECREASE	REVISED BUDGET
GENERAL FUND
Mayor	39,429	0		39,429
Council	117,675	0		117,675
Town Manager	492,856	0		492,856
Info Svcs.	263,027	8,282		271,309
Personnel	401,005	3,859		404,864
Finance	604,219	130,607		734,826
Legal	129,906	1,330		131,236
Planning	621,838	0		621,838
Inspections	315,647	250		315,897
Engineering	513,271	5,093		518,364
Public Works
Admin.	203,359	3,727		207,086
Admin.	55,765	0		55,765
Lanscaping	447,925	4,399		452,324
Traffic	447,561	10,218		457,779
Construction	398,293	20,715		419,008
Streets	905,091	15,494		920,585
Internal Svc.	1,129,013	28,433		1,157,446
Sanitation	2,025,022	103,448		2,128,470
Police
Support Svc.	1,334,528	6,945		1,341,473
Patrol	2,916,420	8,121		2,924,541
Detective	655,327	1,050		656,377
Fire
Admin.	234,464	0		234,464
Suppression	1,985,477	9,360		1,994,837
Prevention	119,117	0		119,117
Parks & Rec.
Admin.	222,777	705		223,482
General Rec.	864,899	25,230		890,129
Parks Maint.	538,757	12,280		551,037
Library	1,173,211	8,632		1,181,843
Non-Dept.	2,576,471	77,423		2,653,894
TOTALS	21,732,350	485,601		22,217,951

PUBLIC HOUSING FUND	996,538	40,955		1,037,493

LANDFILL FUND	3,534,427	165,133		31,699,560

PARKING FACIL. BOND FUND	1,005,283	2,390		1,007,673

TRANSPORTATION FUND
Admin.	506,035	888		506,923
Operations	3,462,735	2,119		3,464,854
Maintenance	778,067	1,682		779,749
Non-Dept.	144,840	0		144,840
TOTALS	4,891,677	4,689		4,896,366
CAPITAL IMPROVEMENTS FUND	698,150	38,751		736,901
		ARTICLE II

APPROPRIATIONS	CURRENT BUDGET	INCREASE	DECREASE	REVISED BUDGET
REVENUES
GENERAL FUND Fund Balance	691,000	485,601		1,176,601

PUBLIC HOUSING FUND Fund Balance	41,332	40,955		82,287

LANDFILL FUND Fund Balance	352,927	165,133		518,060

PARKING FACILITIES BOND FUND Fund Balance	35,943	2,390		38,333
TRANS. FUND Fund Balance	0	4,689		4,689

CAPITAL IMPROVE. FUND Fund Balance	698,150	38,751		736,901