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

TOWN OF CHAPEL HILL, TUESDAY, DECEMBER 12, 1989, 7:30 P.M.

Mayor Howes called the meeting to order.

Council members in attendance were:

Julie Andresen Alan Rimer

Joyce Brown James C. Wallace

Joe Herzenberg Arthur Werner

Nancy Preston Roosevelt Wilkerson, Jr.

Also in attendance were: Assistant to the Mayor Lisa Price, Town Manager David Taylor, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Public Safety Director Cal Horton, Planning Director Roger Waldon, Assistant to the Attorney Richard Sharpless and Town Attorney Ralph Karpinos.

There were no ceremonies or public hearings.

Mayor Howes noted that tonight's meeting would be the Council's only business meeting in December.

Petitions

Council Member Andresen suggested that the Chair of the Orange Water and Sewer Authority speak to the Council at the Council's first meeting in January concerning OWASA's activities. Mayor Howes noted that OWASA's annual dinner meeting with governmental officials would be held on January 31st. Council Member Wallace inquired whether it would be possible to have the report presented at the annual dinner. Council Member Andresen noted that the Executive Director, rather than the Chairperson of the Board of Directors, normally makes the agency's annual presentation. Council Member Wallace asked whether it might be possible to alter this arrangement so that the OWASA Board chair would make the presentation. Council Member Andresen said she wanted to discuss owasa matters at the annual Council retreat. Council Member Herzenberg stated that OWASA staff presentations are lacking at the annual dinner.

Mayor Howes requested that Council members submit possible topics for discussion at the annual Council retreat as soon as possible.

Council Member Preston noted that Dr. Robert Phillips had recently sent a letter to the Council, expressing concern about poor traffic flow at the intersection of Estes Drive and Franklin street. Council Member Preston requested that the Town Manager prepare a report to the Council, outlining what might be done to the alleviate this hazard. Council Member Wallace said he concurred with this traffic concern. Town Manager Taylor said a response would be ready for the January 8, 1990 Council meeting.

Council Member Preston said that Council Member Herzenberg, Mayor Howes and herself felt that an official Town flag would serve as a symbol of citizen pride. Council Member Preston requested that t?e Manager recommend a process for the design of the Town flag. Council Member Wallace said he thought the concept of a Town flag was a good idea.

Mayor Howes noted that the flag could be flown in front of the new Town Hall building and displayed in the new Council chamber. Mayor Howes added that the University has a logo which has been adapted for use as a flag as a part of the bicentennial celebration. Mayor Howes said that many towns in North Carolina have flags representing their own communities.

COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO REFER TO THE TOWN MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9‑0).

Proposed Rezonings

Mayor Howes noted that a motion to deny had been carried over to this evening's meeting as a result of the Council's previous tied (4‑4) vote. Mayor Howes also noted that two new members of the Council, Council Members Brown and Rimer, had been present at the previous Council discussion of this matter. Mayor Howes suggested that the two new Council members may wish to have further discussion about the rezoning proposal.

Council Member Wilkerson said he had asked the Council to be excused from voting on this proposal at the November 30th meeting. Council Member Wilkerson said that a legal technicality at that time precluded him from voting on the item. Council Member Wilkerson noted that circumstances had changed since that time and expressed his desire to vote on the issue this evening. The Council unanimously agreed to allow Council Member Wilkerson to vote on the matter this evening.

Mayor Howes noted that adoption of Resolution 1 would deny the proposed rezoning.

Council Member Andresen said she wished to repeat her plea in favor of the downzoning proposal, since the maximum that any project would be held up would be three months. Council Member Andresen said if the proposal were defeated, the concept of a public facilities ordinance would no longer be viable.

Council Member Herzenberg said he concurred with Council Member Andresen's support of downzoning, but for different reasons. Council Member Herzenberg said downzoning was an effective way to handle growth management.

Council Member Rimer said he was opposed to the downzoning proposal. Council Member Rimer said he was not convinced that downzoning is appropriate at this time. Council Member Rimer stated that it was more appropriate for staff to return to Council in three or four months with a report on area infrastructure at that time.

Council Member Wilkerson said he was concerned about the equity of what was proposed. Council Member Wilkerson said he agreed with Council Member Andresen that small area plans should be used as a tool to control growth. Council Member Wilkerson stated that large‑scale rezoning would be a mistake. Council Member Wilkerson concluded that allowing staff time to compile small are? plans would be the best approach.

Council Member Werner stated that Council Members Rimer and Wilkerson had indicated that they would perhaps vote for downzoning three months in the future.

Council Member Wilkerson said this was correct. Council Member wilkerson noted that he requested that he be excused from voting at the Council's November 30th due to a potential conflict.

Responding to Council Member Werner's earlier comments, Mayor Howes stated that small area plans and comprehensive rezoning would be consistent with the objectives of the Comprehensive Plan. Council Member Werner said he did not agree.

Mr. Waldon stated that it would take approximately two and a half years to complete all nine small area plans. Mr. Waldon stated that each of the plans would take nine months to complete, with two or three being compiled simultaneously. Mr. Waldon noted that a very rough assessment of area infrastructure could be completed within three to four months. Mayor Howes inquired whether small area plans for the most critical growth areas would be completed first. Mr. Waldon said that Town staff would ask the Council for direction concerning the order in which areas should be studied.

Council Member Rimer said the issues of small area plans and downzoning needed to be addressed at the Council's retreat.

Council Member Wilkerson said it was possible that the rezoning proposal could come back for Council reconsideration in less than ninety days.

Council Member Wallace stated that the vote to refuse downzoning was based on previously discussed uncertainties. Council Member Wallace noted that downzoning would be a misuse of zoning power, since zoning should offer somewhat permanent guarantees to property owners. Council Member Wallace also noted that the rezoning vote was not tied to any time frame for return to the Council.

COUNCIL MEMBER WALLACE CALLED THE QUESTION.

COUNCIL MEMBERS PRESTON, RIMER, WALLACE, WILKERSON AND MAYOR HOWES VOTED IN FAVOR OF ADOPTION OF RESOLUTION 1. COUNCIL MEMBERS ANDRESEN, BROWN, HERZENBERG AND WERNER VOTED NAY. RESOLUTION 1, DENY REZONING, WAS ADOPTED BY THE COUNCIL BY A VOTE OF 5‑4.

A RESOLUTION DENYING THE 1989 COMPREHENSIVE REZONING PROPOSAL (89‑12‑12/R‑1)

WHEREAS, the Council of the Town of Chapel Hill has considered the proposal to amend the Zoning Atlas to rezone properties as shown on the attached maps dated November 13, 1989 from their current zoning classifications to the Rural Transition (RT) zoning classification, and fails to find that the amendment corrects a manifest error in the Zoning Atlas, or is appropriate due to change or changing conditions in the particular area or in the jurisdiction generally, or achieves the purposes of the Comprehensive Plan;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby denies the proposal to amend the Zoning Atlas to rezone properties as shown on the attached maps dated November 13, 1989 from their current zoning classifications to the Rural Transition (RT) zoning classification.

This the 12th day of December, 1989.

Council Member Werner noted that resolution 2 directed the staff to return to the Council in one month with a small area planning process. Council Member Werner suggested that a three month period might be a more appropriate period for this activity. Council Member Andresen seconded the motion.

Council Member Wallace stated that Council Member Werner had addressed broad items, but had neglected the question of the possible future need for rezoning. Council Member Wallace, saying he refused to vote in favor of any resolution of this type with a deadline, said freedom was needed in this regard.

Council Member Werner said that if there was no deadline, it was possible that nothing may ever be done. Council Member Werner said his substitute motion was offered in response to Council Members Rimer and Wilkerson's comments concerning rezoning. Council Member Andresen reiterated her concurrence with Council Member Werner's substitute motion. Council Member Wallace inquired whether Council Member Andresen or Werner saw an imposition of a necessary obligation.

Council Member Werner stated that the entire procedure is predicated on a package of planning tools offered by Mr. Waldon. Council Member Werner state: that an initial part of the package had been removed, with the denial of the rezoning resolution.

Mayor Howes said he generally agreed that further discussion about growth management tools was needed at the Council retreat. Mayor Howes added his observation that Resolution 2 should come back before the Council after their retreat.

Council Member Werner said that rezoning and small area plans had been discussed at every Council retreat during his tenure and at three recent Council meetings.

Council Member Preston requested a clarification of Council Member Werner's substitute motion. Council Member Werner stated that Resolution 2 was prepared under the assumption that the Council would support downzoning. Council Member Werner said he was suggesting that the staff would need three months in order to formulate their preliminary small area plan recommendations to the Council. Council Member Preston noted that the staff might come back with an approach other than small area plans. Town Manager Taylor said he thought the Council's wish was to have the staff do small area plans. Mayor Howes said it appeared that some members of the Council did not favor small area plans.

Council Member Wilkerson said he supported small area plans, but would examine any suggested staff alternatives. Council Member Wilkerson said he thought the Council was ready to go ahead with small area plans, with timing being the key issue.

Council Member Andresen stated that the staff should be given an opportunity to reexamine the situation following the Council's earlier rezoning vote.

Council Member Rimer inquired how the staff would proceed if the Council chose not to approve any resolution. Town Manager Taylor said the staff would have proceeded with small area plans. Town Manager Taylor indicated that he did not know whether it would be wise to do so, based on Council discussions earlier in the evening. Council Member Rimer stated that the Planning Board had initially suggested the concept of small area plans. Council Member Rimer said it would be possible for the staff to begin work on the small area plans, with the Council needing to look at staffing and related issues at their retreat.

Council Member Preston moved Resolution 2 as a substitute motion. Council Member Wallace seconded the motion.

Council Member Andresen inquired about Mr. Waldon's staff resources for this project. Mr. Waldon indicated that the staff could come before the Council in late January with a process and with an inventory of major infrastructure deficiencies by March.

Council Member Werner expressed concern that Resolution 2 would contradict the staff approach since there was no intermediate plan for the sketch infrastructure inventory. Mayor Howes said he did not agree with this assessment.

Council Member Werner said he did not know what would be decided by the Council in January if the sketch plans were not ready until March. Mayor Howes observed that a symbolic argument was occurring about the Council's commitment to growth management. Mayor Howes said the entire Council appeared to be committed to growth management.

A MOTION TO PLACE THE SUBSTITUTE MOTION ON THE FLOOR WAS INTRODUCED. THE MOTION WAS ADOPTED BY A VOTE OF 7‑2, WITH COUNCIL MEMBERS ANDRESEN AND WERNER DISSENTING.

ON COUNCIL MEMBER PRESTON'S MOTION, SECOND BY COUNCIL MEMBER WALLACE, THE COUNCIL ADOPTED RESOLUTION 2, BY A VOTE OF 7‑2, WITH COUNCIL MEMBERS ANDRESEN AND WERNER DISSENTING.

A RESOLUTION CONCERNING A PLAN AND SCHEDULE FOR PREPARING SMALL AREA PLANS (89‑12‑12/R‑2)

WHEREAS, the Council of the Town of Chapel Hill desires to undertake a planning process to ensure the adequate public facilities are available to serve future development and to revise the Town's 1986 adopted Land Use Plan for areas outside the Town limits within the Urban Services Area as shown on the attached maps dated November 13, 1989;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council directs the Manager to develop for the Council's consideration in January, 1990 a process and detailed schedule for preparing small area plans over the period January, 1990 to June, 1992.

This the 12th day of December, 1989.

Council Member Andresen noted that the University would develop the Horace Williams tract in the future. Council Member Andresen said that the Town should have some input in this matter. Council Member Andresen stated that the Consultation and Coordinating committee should further discuss this situation. Town Manager Taylor noted that a portion of the tract is located in the Town's extraterritorial jurisdiction. Town Manager Taylor said the intent of Resolution 3 was to bring the issue before the Consultation and Coordinating Committee.

COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER WILKERSON, TO ADOPT RESOLUTION 3. THE MOTION WAS ADOPTED UNANIMOUSLY (9‑0).

A RESOLUTION REFERRING DISCUSSION OF THE HORACE WILLIAMS TRACT TO THE COORDINATION AND CONSULTATION COMMITTEE (89‑12‑12/R‑3)

WHEREAS, the Council of the Town of Chapel Hill has considered a proposal to amend the Town's Zoning Atlas to rezone property owned by the University of North Carolina, identified as the Horace Williams property; and

WHEREAS, the Town of Chapel Hill and the University of North Carolina have established a mechanism for discussion of issues of joint interest, called the Coordination and Consultation Committee; and

WHEREAS, the future of the Horace Williams property is of vital concern to the University, the Town Council, and the community at large;

NOW, THEREFORE, BE IT RESOLVED that the Council requests the Coordination and Consultation Committee to discuss the future of the Horace Williams property and alternative zoning designations the property might carry.

BE IT FURTHER RESOLVED that the Coordination and Consultation Committee is requested to report to the Council on the results of its discussions.

This the 12th day of December, 1989.

Cameron‑McCauley Historic District

Town Manager Taylor stated that at least three members of the Council had requested re‑referral of the matter. Council Member Preston said that Council Member Herzenberg, Mayor Howes and herself had initiate this proposal. Council Member Preston stated that a number of questions remained unresolved. Council Member Preston said it would be‑preferable for the staff to work with the Historic District Commission and property owners so that people will better understand the purposes of a historic district. Council Member Preston said she was disappointed to have received the Manager's recommendation of denial of the proposed district. Council Member Preston indicated that the Historic District Commission also wished to further discuss the proposed formation of the historic district. Council Member Preston proposed that the matter be referred to staff and the Historic District Commission for three or four months to work things out. Mayor Howes added that neighborhood residents and the University could also be consulted.

Council Member Brown said she thought the neighborhood had a feeling of need for protection. Council Member Brown said she hoped that all residents would be brought in to the process to initiate a dialogue.

Council Member Werner said he was concerned about Council Member Preston's comments concerning lobbying of the neighborhood by the Council and Historic District Commission. Council Member Werner said there had been a lot of opposition to the district formation at the council's public hearing. Council Member Werner stated that he felt uncomfortable leaving the matter unresolved for three or four months. Council Member Preston said she wanted to establish a dialogue with the neighborhood. Council Member preston said the Council had been criticized in the past for allowing insufficient time to allow people to become involved.

Town Attorney Karpinos noted that if the proposed formation of the district was revised significantly, a new public hearing would be required. He noted that the protest petition situation would be similarly premised.

Council Member Herzenberg stated that since three or four months is a relatively short period of time, he was unable to fathom how anyone could suffer in such a time period. Council Member Herzenberg said some opposition to the district was based on the fears of unnecessary burdens on property owners. Council Member Herzenberg said it was possible that some of the owners could nave their fears allayed.

Council Member Wallace said he concurred with the proposed referral to the Manager, Historic District Commission and citizens. Council Member Wallace also said he worried that the three to four month period was inadequate. Council Member Preston said she shared Council Member Wallace's concern, noting that a new hearing may be needed if substantial changes are made to the proposed district.

Mayor Howes noted that there appeared to be adequate support to refer the matter back to the Town Manager and Historic District Commission. Mayor Howes noted that persons who expressed a desire to speak this evening would have the opportunity for future involvement in the process.

Council Member Herzenberg suggested that a report on the proposed district could be made to the Council in three or four months.

Council Member Preston, noting that some of the arguments presented to date had been very persuasive, said that another public hearing would most likely be needed for the district.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO REFER THE PROPOSAL TO THE TOWN MANAGER AND HISTORIC DISTRICT COMMISSION, WITH A REPORT TO BE MADE WITHIN THREE TO FOUR MONTHS. THE MOTION WAS ADOPTED UNANIMOUSLY (9‑0).

Public Housing Site Selection

Assistant Town Manager Florentine Miller observed that fourteen to twenty‑four public housing units were proposed for six acres of a forty‑four acre site along North Carolina 86. Ms. Miller stated that in September, 1988, the Town received notices from the United States Department of Housing and Urban Development advising that an application for twenty‑four public housing units had been approved. Ms. Miller noted that Housing and Urban' Development requires that the Town have a contract on the property by December 15th to receive the grant funds. Ms. Miller added that supplemental funding of $412,000 from community development or other funds would be needed to complete the units. Ms. Miller also noted that the site is relatively flat, has R‑2 zoning, and cost approximately $26,500 per acre.

Ms. Miller stated that an overall site plan needed to be developed prior to construction. Ms. Miller added that construction would occur pursuant to a special use permit, including review by the Appearance Commission, Planning Board, Transportation Board, and Council public hearing.

Ms. Miller added that a draft agreement for the possible siting of ten public housing units was currently being negotiated with Culbreth Park. Ms. Miller noted that the NC 86 site ?s suitable for fourteen to twenty‑four units due to its proximity to public transportation and other community facilities.

Council Member Werner said he realized that timing was critical in this matter. Council Member Werner inquired why the Culbreth Park site was not included in the submittal to Housing and Urban Development officials. Ms. Miller responded that staff was submitting to HUD an indication that the Council had agreed to place up to twenty‑four units on the NC 86 site. Ms. Miller added that an amendment could be submitted to HUD in the future should it be necessary.

Town Manager stressed the importance of the plan in concept, given the near‑term deadline of December 15th. Mr. Taylor further noted that no agreement for public housing sites had been reached with Culbreth Park officials. Ms. Miller added that Town staff was working aggressively with Culbreth Park officials to reach an agreement.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER WERNER. TO ADOPT RESOLUTION 3.2. THE MOTION WAS ADOPTED UNANIMOUSLY (9‑0).

A RESOLUTION AUTHORIZING THE PLACEMENT OF FROM FOURTEEN TO TWENTY‑FOUR NEW PUBLIC HOUSING UNITS ON THE FORTY‑FOUR ACRES TO BE PURCHASED BY THE TOWN ON HIGHWAY N.C. 86 (89‑12‑12/R‑3.2)

WHEREAS, the Town has executed a contract to purchase approximately forty‑four acres of land located on the west side of Highway N.C. 86; and

WHEREAS, this site could suitably accommodate a number of uses including 14‑24 public housing units; and

WHEREAS, the Town has received notice of approval for the construction of twenty‑four public housing units from the U.S. Department of Housing and Urban Development; and

WHEREAS, the Department of Housing and Urban Development has approved a $1,173,600 grant to the Town for the construction of the 24 public housing units;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Manager is authorized to initiate those actions necessary to locate from fourteen to twenty‑four new public housing units on the forty‑four acres to be purchased by the Town on Highway N.C. 86.

BE IT FURTHER RESOLVED that the Council authorizes the Manager to submit the necessary information to the U.S. Department of Housing and Urban Development for the development of 24 public housing units.

This the 12th day of December, 1989.

Noise Ordinance Monitoring Committee

Council Member Andresen inquired whether the Council would make appointments to the committee. Mayor Howes said yes. Council Member Herzenberg nominated Phil Pavlik, Neal McKnight and C. Tom Nuzum to serve on the committee. Council Member Andresen nominated Fred Behrens. Council Member Wilkerson nominated Estelle Mabry. Council Member Preston nominated David Godschalk, Jr,, Mark Burnett, Margaret Knoerr and Milton Heath.

Student Liaison Bill Hildebolt placed the names of four students (Robb Beatty, Louis Bissette, Nick Konteroseorgopoulous and himself) into nomination

Other persons having expressed earlier interest in serving were Council Member Brown, Velma Perry and Mike Troy. Mayor Howes noted that nominations would remain open, with appointments to be made at the next Council meeting (January 8, 1990).

Council Member Preston inquired how the original noise committee had been constituted. Public Safety Director Cal Horton responded that the original committee had concentrated on concerns of the University campus. Mr. Horton said a somewhat different composition of the committee was being proposed under the current formation.

Mayor Howes suggested that Resolution 4 be amended to include the membership of one or more Council members on the committee.

COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 4, AS AMENDED. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ESTABLISHING A NOISE ORDINANCE MONITORING COMMITTEE (89-12-12/R-4)

WHEREAS, the Town Council of the Town of Chapel Hill in April, 1987 appointed a Noise Ordinance Review Committee to review the impact of the Town's Noise Control Ordinance to recommend any appropriate changes in administration or amendments to the Ordinance; and

WHEREAS, the Noise Ordinance Review Committee, through consider‑

able discussion and research, assembled valuable information and

developed useful ideas that should be considered further as part

of the effort to improve the Noise Control Ordinance and its ad‑

ministration and enforcement

WHEREAS, events beyond control of the Noise Ordinance Review Committee resulted in the termination of their work without final consideration of their assembled information and ideas;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby establishes a Noise Ordinance Monitoring Committee to review the work of the Noise Ordinance Review Committee, review the Noise Control Ordinance, and give guidance for the improvement of Ordinance administration and enforcement.

BE IT FURTHER RESOLVED that the Committee shall be constituted as follows:

- Five representatives of residential neighborhoods

- Three representatives of the student body of the University of North Carolina

- Two representatives of the business community

- Two representatives of the administration of the University of North Carolina

- One representative of fraternities and sororities

- One or more representatives of the Town Council

BE IT FURTHER RESOLVED that the Mayor shall appoint a convener from among those appointed to the Committee, and that the Committee shall elect their own Chair at their first meeting.

BE IT FURTHER RESOLVED that the Committee shall conduct their work as necessary to report recommendations to the Council at the April 10, 1990, regular meeting of the Town Council.

This the 12th day of December, 1989.

Orange County Non‑Profit Housing Corporation Report

Mr. Don Boulton said he was making a preliminary report to the Council concerning the activities of his local non-profit housing development corporation. Mr. Boulton said he believed that the Council would be proud of the group's efforts to date. Mr. Boulton said that housing problems in Orange County had already been studied a great deal. Mr. Boulton stated that the corporation had decided to meet on a frequent basis to work on an action plan. Mr. Boulton noted that the mission of the corporation is to initiate construction and focus on housing for families at or below the median income level. Mr. Boulton indicated that the Orange Community Housing Corporation is in the process of composing its bylaws and an operating strategy. Mr. Boulton thanked the Council for its support in the efforts of the corporation.

Margi Shoffner said work was well under way on the operating strategy and incorporation. Mayor Howes thanked the corporation for its efforts. Mayor Howes noted that the corporation represented an important component in the overall strategy of the community.

Council Member Andresen inquired about the membership of the operating group. Ms. Shoffner indicated that Mr. Boulton, herself, Keith Aldridge and Dianna Woolley are among the members of the operating group. Ms. Shoffner indicated that the group is working on funding issues and is trying to move ahead with an operating strategy divorced from regular corporation meetings.

Mr. Boulton said the corporation is mindful of other housing efforts in the area and is coordinating with these other programs. Mr. Boulton said the corporation would report to the Council in the future.

Tandler Homeownership Program

Town Manager Taylor indicated that there had been no substantial changes since the last report to the Council. Town Manager Taylor noted that Dr. Stegman would make his report findings on the Tandler project to the Council at their January 23, 1990, meeting.

Council Member Rimer inquired how many housing units would be provided in Tandler. Town Manager Taylor said 35.

Open Space Payments‑in‑Lieu

Parks and Recreation Director Mike Loveman indicated that the Council had received a memorandum regarding payments‑in‑lieu of open space. Mr. Loveman noted that the practice was permitted by State statute. He added that the Town's Development Ordinance contains specific procedures for administering the payments. Mr. Loveman noted that since August, 1985, the Town has accumulated approximately $280,000 in the payment‑in‑lieu account. Mr. Loveman added that accumulated interest over the four year period brings the total available balance to over $328,000. Mr. Loveman said funds could be used for acquisitions such as the Little Creek Community Park, North Forest Hills Park, Ephesus Neighborhood Park or other projects. Mr. Loveman said the Manager recommended that the Parks and Recreation Commission, Greenways Commission, and Town staff work on recommendations to the Council as part of the Capital Improvement Program process.

Council Member Werner inquired whether the Council had previously adopted any procedures for the allocation of funds. Town Manager Taylor said the Council had not gone into a great deal of detail initially. Town Manager Taylor said the recommendations could be included in the Capital Improvements Program process.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 5. THE MOTION WAS ADOPTED UNANIMOUSLY (9‑0).

A RESOLUTION REQUESTING THAT THE PARKS AND RECREATION COMMISSION, THE GREENWAYS COMMISSION AND THE TOWN MANAGER RECOMMEND TO THE COUNCIL SPECIFIC EXPENDITURES OF FUNDS FROM PAYMENTS‑IN‑LIEU OF PROVIDING OR DEDICATING OPEN SPACE (89‑12‑12/R‑5)

WHEREAS, the Town of Chapel Hill is authorized by North Carolina General Statute 160A‑372 and its own Development Ordinance to receive payments in lieu of the provision or dedication of open space in subdivisions; and

WHEREAS, the Town has accumulated approximately $328,484 from payments‑in‑lieu of the provision or dedication of open space in subdivisions; and

WHEREAS, the Town staff has identified new and existing park sites where improvements and/or additions are needed, and where payment‑in‑lieu of open space funds could be used to provide these improvements and/or additions; and

WHEREAS, the Parks and Recreation Commission and the Greenways Commission have consistently reviewed the Town's recreational open space and capital improvement needs, for both new and existing park sites;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council requests the Parks and Recreation Commission, the Greenways Commission and the Town Manager to recommend to the Council specific expenditures of funds which have been received by the Town for payments‑in‑lieu of the provision or dedication of open space.

This the 12th day of December, 1989.

Holmes Day Care Center Lease

Mr. Loveman indicated that the Town had most recently entered into an agreement with Holmes Day Care in April, 1984, for a five‑year lease term, expiring December 31, 1989. Mr. Loveman said the center had operated at the Hargraves facility for approximately twenty years. Mr. Loveman said the proposed contract would be similar to that currently in force. Mr. Loveman noted that major concerns to be addressed in the lease were outlined in a memorandum to the Council. Mr. Loveman said that final consideration of the lease would be on the Council's January 8, 1990 agenda.

Mayor Howes inquired about Mr. Holmes background. Town Manager Taylor said he was uncertain, but would check into the matter further.

COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER WILKERSON, TO ADOPT RESOLUTION 6. THE MOTION WAS ADOPTED UNANIMOUSLY (9‑0).

A RESOLUTION DIRECTING PUBLICATION OF A NOTICE OF INTENT TO LEASE A PORTION OF THE HARGRAVES RECREATION CENTER FOR A DAY CARE CENTER (89‑12‑12/R‑6)

WHEREAS, the current five‑year lease agreement with the Holmes Day Care Center, Inc. will expire on December 31, 1989; and

WHEREAS, the Town wishes to continue to offer space for the operation of a day care center in the basement of the Hargraves Recreation Center Building for use without regard to sex, race, color, creed or national origin;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council directs the Town Manager to publish a notice of the Council's intent to enter into a lease agreement with the Holmes Day Care Center, Inc. for approximately 3850 square feet in the basement of the Hargraves Recreation Center on N. Roberson Street for the operation of a day care center, said lease being substantially in the form presented by the Town Manager with his report on this matter on Decem?er 12, 1989, a copy of which shall be kept with the records of this meeting.

This the 12th day of December, 1989.

Future Annexation Areas

Planning Director Roger Waldon said that the matter before the Council was addressed on annual basis. Mr. Waldon noted that the action of the Council would not result in the annexation of any areas, but would keep the process alive and moving. Mr. Waldon displayed a map depicting the areas under consideration for possible annexation.

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

A RESOLUTION IDENTIFYING THE AREAS DESCRIBED WITHIN AS BEING UNDER CONSIDERATION FOR ANNEXATION (89‑12‑12/R‑7)

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

SECTION I

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 Area as identified on the 1986 rand 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). These areas include areas which were annexed by Ordinance 88‑4‑25/0‑1, which is currently in litigation.

SECTION II

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

This the 12th day of December, 1989.

Consent Agenda

Mayor Howes explained the consent agenda process for the benefit of newly elected Council Members Brown and Rimer.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER WILKERSON, TO ADOPT THE CONSENT AGENDA AS PRESENTED. THE MOTION WAS ADOPTED UNANIMOUSLY (9‑0).

A RESOLUTION ADOPTING VARIOUS ORDINANCES AND A RESOLUTION (89.12‑12/R‑8)

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

a. Budget Amendments:

1. Parking Facilities Fund (0‑3).

2. Public housing improvements project ordinance (0‑4).

3. Open space/Parks and Recreation project ordinance (0‑5).

b. Marilyn Lane assessment confirmation (R‑9).

c. Second reading of cable television franchise agreement (0‑6).

This the 12th day of December, 1989.

AN ORDINANCE TO AMEND "THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1989" (89‑12‑12/0‑3)

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, 1989", as adopted on May 22, 1989 being the same is hereby amended as follows:

ARTICLE I

Current Revised

APPROPRIATIONS Budget Increase Decrease Budget

Parking Facilities

Fund 150,280 100,000 250,280

ARTICLE II

Parking Facilities

Fund 150,280 100,000 250,280

This the 12th day of December, 1989.

AN ORDINANCE TO ADOPT A COMPREHENSIVE IMPROVEMENTS ASSISTANCE PROGRAM (CIAP) PROJECT ORDINANCE (89‑12‑12/0‑4)

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

SECTION I

The project authorized is the Comprehensive Improvements Assistance Program (CIAP) as approved by the Council on August 28, 1989; funds are as contained in the Amendment to Consolidated Contributions Contract between the Town and the U.S. Department of Housing and Urban Development (HUD), dated October 16, 1989.

SECTION II

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

SECTION III

The following revenues are anticipated to be available to complete this project:

Comprehensive Improvements Assistance

Program Grant $ 221,406.00

SECTION IV

The following amount is appropriated for the project:

Maintenance and Replacement $ 221,406.00

SECTION V

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

SECTION VI

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

SECTION VII

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

SECTION VIII

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

This the 12th day of December, 1989.

AN ORDINANCE TO AMEND THE CAPITAL PROJECTS ORDINANCE FOR PARKS AND RECREATION FACILITIES (89‑12‑12/0‑5)

BE IT ORDAINED by the Council of the Town of Chapel Hill that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, that the Parks and Recreational Facilities capital Project Ordinance established on December 8, 1986 for the capital costs of providing parks and recreational facilities, including the purchase of open spaces, is hereby amended as follows:

SECTION III

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

Original Amount Revised Amount

Bonds Proceeds $ 2,500,000 $ 7,500,000

SECTION IV

The following amounts are appropriated for the project:

Original Amount Revised Amount

Parks and Recreational $ 2,500,000 $ 7,500,000

Facilities (including

Open Space)

This the 12th day of December, 1989.

A RESOLUTION CONFIRMING THE ASSESSMENT ROLL FOR STREET IMPROVEMENTS ON MARILYN LANE (89‑12‑12/R‑9)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby confirms the following as the final assessment roll for street improvements on Marilyn Lane in accord with North Carolina General Statutes 160A-228:

Tax Map

And Lot Name Address Assessment

57.E.43 John H. Taylor P.O. Box 26678 $931.46

Margarette Taylor Chimney Corners Sta.

Austin, Texas 78755

57.E.44 Margaret Scarborough 195 Marilyn Lane 931.46

Chapel Hill, NC 27514

57.E.44A Evelyn B. McCarthy 201 Marilyn Lane 931.46

Chapel Hill, NC 27514

57.E.44B John E. Smith 205 Marilyn Lane 931.46

Chapel Hill, NC 27514

57.E.45 Harvey A. Goldstein 3 Marilyn Lane 931.46

Chapel Hill, NC 27514

57.E.46 Samuel H. Baron 5 Marilyn Lane 931.46

M. Virginia Baron Chapel Hill, NC 27514

57.E.47 Howard D. Henry 211 Marilyn Lane 931.46

Chapel Hill, NC 27514

57.E.48 Elaine M. Wallace 215 Marilyn Lane 931.46

Chapel Hill, NC 27514

NOTE: Assessment amounts are based on equal shares for each of eight (8) property owners who petitioned for the street improvements.

This the 12th day of December, 1989.

AN ORDINANCE AMENDING THE ORDINANCE GRANTING A FRANCHISE TO VILLAGE CABLE, WHICH FRANCHISE WAS TRANSFERRED TO PRIME CABLE INCOME PARTNERS (89‑12‑12/0‑6)

WHEREAS, by letter dated November 9, 1989 the General Manager of Carolina Cable on behalf of Prime Cable Income Partners LP, has requested a franchise modification so that additional programming can be added;

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Council hereby amends the ordinance, as amended, granting a franchise to Prime Cable Income Partners L.P. as follows:

Except as provided below, the cable television franchise holder may combine (1) public access programming, (2) the home shopping guide/consumer/business/leased access programming and (3) local origination programming on one channel in basic service tier 1. In such event, the franchise holder shall add to the tier 3 basic service non-premium (non-pay channel) Programming emphasizing sports or entertainment such as Home Team Sports.

Provided, that the Town of Chapel Hill retains the right, upon written notice to the franchise holder 90 days in advance, to require that the public access, home shopping guide/consumer/ business/leased access and local origination programming be provided on separate channels pursuant to the franchise amendment adopted January 10, 1983.

All other franchise provisions, except as modified herein or subsequently amended, shall remain in effect.

This the 30th day of November, 1989. (First reading)

This the 12th day of December, 1989. (Second reading)

Work Session on South Columbia Street

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

A RESOLUTION CALLING A WORK SESSION TO DISCUSS DESIGN OF IMPROVEMENTS TO SOUTH COLUMBIA STREET BETWEEN MANNING DRIVE AND FORDHAM BOULEVARD (89‑12‑12/R‑10)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby schedules a work session for 7:30 p.m. on December 19, 1989, in the Municipal Building Meeting Room, to discuss design of improvements to South Columbia Street between Manning Drive and Fordham Boulevard.

This the 12th day of December, 1989.

Recognition Resolution for David R. Taylor

Council Member Preston requested that the Council's procedural rules be suspended for a special purpose. Hearing no objections from the Council, Mayor Howes stated that the rules were suspended. Council Member Preston stated that she wished to take this opportunity to recognize the distinguished service of Town Manager Taylor.

Council Member Preston read a resolution of recognition into the record, to wit:

A RESOLUTION HONORING DAVID R. TAYLOR

FOR HIS SERVICE TO THE TOWN OF CHAPEL HILL

WHEREAS, David R. Taylor has served the Chapel Hill community since his appointment as Town Manager in February, 1982; and

WHEREAS, David R. Taylor served as President of the International city Management Association in 1984‑85; and

WHEREAS, Dave Taylor's diverse talents and personal qualities cannot be described in one resolution; and among these qualities are:

his exceptional skill in budgeting and long‑term fiscal management;

respect and recognition of the policy‑making responsibilities of the Mayor and Council, and for the service and support role of employees;

dedication to organizational development by challenging employees through delegation of responsibility, through new experiences, and through training programs for employees at all levels;

his positive, direct and strategic approach to issues;

his skills in negotiating and mediating, and in managing with a long‑term perspective;

a deep appreciation for the importance of open, participatory and fair processes;

his commitment to the goal of full disclosure of facts and implications in providing information to the Mayor and Council and the community;

his dedication to professionalism, to service "without fear or favor";

his creativity in finding practical solutions to meet multiple objectives;

a broad understanding of the importance of intergovernmental relations;

his respect and understanding of people, and of the value of inspiring positive motivations;

his strong sense of family and integrity;

his service to the community through participation in civic institutions and organizations; and

WHEREAS, the accomplishments of the Mayor and Council, boards and commissions, Town employees, and community organizations during David Taylor's service include:

receiving an AA+ bond credit rating from Moody's Investors Service and Standard and Poor in May, 1988;

adopting budgets with stable property tax rates since 1982;

receiving Certificates of Excellence from the Governmental Finance Officers' Association;

developing the Town's capital improvements process and program to be funded through annual cash appropriations and bond issues authorized by the voters in 1986 and 1989;

acquiring land for the new library, parks and other open space, a new fire station, public housing and park‑and‑ride lots;

completing and initiating capital improvements including the Town Hall Expansion, the fire training center, the new downtown parking facilities, paving streets and sidewalks, and constructing major road improvements such as widening Merritt Mill Road and realigning Umstead Drive;

obtaining enabling legislation for new revenue sources as alternatives to the property tax;

implementing a performance‑based pay and evaluation plan;

establishing an employee assistance program, longevity pay, deferred compensation and health fairs;

implementing affirmative action and equal opportunity policies;

establishing a downtown service district to finance additional programs and improvements such as trolley service;

revising and expanding the Comprehensive Plan;

adopting Resource Conservation District and Tree Protection ordinances;

initiating new housing programs and strengthening the public housing program; and

preparing to meet the solid waste management needs of the future through expanded recycling and analyzing future disposal needs;

NOW, THEREFORE, BE IT RESOLVED BY THE CHAPEL HILL TOWN COUNCIL that the Council hereby formally honors

DAVID R. TAYLOR

for his outstanding service to the Chapel Hill community.

This the 12th day of December, 1989.

COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 11. THE MOTION WAS ADOPTED UNANIMOUSLY (9‑0).

Town Manager Taylor thanked the Council for their thought. Town Manager Taylor said his tenure had been a great eight years of his life. Mr. Taylor expressed his love for the community and Town employees. Mr. Taylor stated that whatever the Town had been involved in during his tenure had happened due to the leadership of the Council and the hard work of the Town staff.

Council Member Wallace noted that on December 4th, the Mayor had presented keys to the Town to retiring Council Members Godschalk and Pasquini. Council Member Wallace called Mr. Taylor forward. Council Member Wallace said it was with regret but enthusiasm that he gave a key to the Town to Mr. Taylor. Mayor Howes. Mayor Howes said he was extremely grateful to Mr. Taylor for his past efforts and was also grateful Mr. Taylor had chosen to stay in the community, Mayor Howes noted that there would be other opportunities to good works.

Mayor Howes requested a motion to move into Executive Session and to recess the meeting to Wednesday, December 13th at 7:30 a.m. for a discussion with Mr. William Hansell, Executive Director of the International City Management Association, concerning the Town Manager selection process.

COUNCIL MEMBER WALLACE MOVED, SECONDED BY COUNCIL MEMBER RIMER TO MOVE INTO EXECUTIVE SESSION AND RECESS THE MEETING TO WEDNESDAY, DECEMBER 13TH AT 7:30 A.M. THE MOTION WAS ADOPTED UNANIMOUSLY (9‑0).

Mayor Howes noted that the Council would be in recess until 7:30 a.m., when it would reconvene at the Omni Europa Hotel, Zurich Room.