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

HILL, NORTH CAROLINA, MONDAY, OCTOBER 29, 1990, 7:30 P.M.

Mayor Howes called the meeting to order at 7:30 p.m., noting that the meeting was being held on the fifth Monday of the month due to the North Carolina League of Municipalities meeting being held last week.

Council Members in attendance were Julie Andresen, Joyce Brown, Joe Herzenberg, Nancy Preston, Alan Rimer, James C. Wallace, Arthur Werner and Roosevelt Wilkerson, Jr. Also in attendance were Student Liaison to the Council Win Burke, Assistant to the Mayor Lisa Price, Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Planning Director Roger Waldon, Engineering Director George Small, Assistant to the Attorney Richard Sharpless, and Town Attorney Ralph Karpinos.

There were no ceremonies or hearings. Mayor Howes noted that a forum on the library referendum would be held in the Council Chamber on Tuesday, October 30th and that the meeting would be cablecasted.

Mayor Howes noted that many citizens had expressed an interest in

commenting on the Thoroughfare Plan, particularly on the proposed southern campus loop. Mayor Howes suggested that the Council hold a public hearing on November 19th, with additional Council consideration of the Thoroughfare Plan to occur on December 11th.

Item 3 - Petitions

Greg Gangi urged the Council to hold the Thoroughfare Plan hearing at a later date, to permit greater notice and preparation time by interested parties. He expressed concern that the scheduling of the hearing was connected to Mr. Buchanan's departure from the North Carolina Department of Transportation.

Lisa Abbott, a representative of the Student Environment Action Coalition, spoke concerning recent education budget cuts. She stated that 1,500 students had previously met to express concern about the $9.1 million in the Highway Trust Fund and how that money will be used. She stated that her group wished to see that money used for higher education. Ms. Abbott submitted a resolution to the Council asking for the Council's support in persuading the General Assembly to use the Highway Trust Fund money to supplement the educational budget.

Alec Guettel said he and fellow students had gone door-to-door to inform students about the $9.1 million Highway Trust Fund. He submitted approximately 600 letters from students expressing their concern about the proposed use of these funds. Mr. Guettel read a sample letter from student Mac Williams, requesting more student involvement and Council support of the proposed resolution.

Joel Sipress, a Teaching Assistant at UNC, said that the University was experiencing financial hardships. He stated that the Council should make a clear statement of the University's and Town's best interests.

Council Member Herzenberg said he was glad to see so many students present at the Council meeting.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO RECEIVE AND REFER THE STUDENT ENVIRONMENTAL ACTION COALITION'S PETITION.

Council Members Brown, Andresen and Herzenberg agreed to form an Ad Hoc Committee to draft language for a resolution for future Council consideration. Council Member Andresen encouraged the students to their State legislators, expressing their concern about future educational funding. Council Member Preston concurred.

Council Member Joyce Brown also suggested that the students write to State Board of Transportation officials.

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

Mr. William Stott spoke regarding hazardous waste regulation and disposal of low level hazardous wastes. He expressed concern about proposed disposal methods. Mr. Stott requested that the Council pass a resolution urging the U. S. Nuclear Regulatory Commission to halt activities that would result in deregulation of radioactive waste disposal. Mr. Stott told the Council he would forward them additional information on this matter.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO RECEIVE MR. STOTT'S PETITION.

Council Member Brown stated that the issue being addressed by Mr. Stott was very important. She expressed appreciation to Mr. Stott for his interest in the matter. Mr. Stott noted that seventy to eighty other communities had passed resolutions similar to the one in front of the Council this evening. Council Member Brown inquired whether the Council could discuss this matter in the future. Mayor Howes said yes. Council Member Werner noted that a great deal of expertise was required to adequately address this issue. Council Member Wallace stressed the importance of proper follow-up on this matter.

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

Council Member Wilkerson stated that there had been several articles in local newspapers concerning employee dissatisfaction in the Town's Transportation Department. He requested a follow-up report on employee safety and speeding concerns.

Town Attorney Ralph Karpinos informed the Council that the Superior Court had denied a preliminary injunction filed by Capricorn Construction against the Town. Mr. Karpinos added that building permits for structures on Green Street had been revoked following this action.

Item 4 - Minutes

September 24, 1990

Council Member Herzenberg requested two corrections to the minutes of September 24.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO ADOPT THE MINUTES OF SEPTEMBER 4, 1990 AS REVISED. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

October 1, 1990

Council Member Herzenberg requested one modification to the minutes of October 1.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER WILKERSON, TO ADOPT THE MINUTES OF OCTOBER 1, 1990 AS REVISED. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

October 8, 1990

Council Member Brown requested one correction to the Minutes of October 8, 1990.

COUNCIL MEMBER WILKERSON MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO ADOPT THE MINUTES OF OCTOBER 8, 1990 AS REVISED. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

October 15, 1990

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER WILKERSON, TO ADOPT THE MINUTES OF OCTOBER 15, 1990 AS PRESENTED. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Ms. Phyllis Henry expressed concern about the preliminary mat and seal assessment rolls for Countryside Drive. Mayor Howes stated that Engineering Director George Small was not present, as this item was scheduled to be discussed later in the evening. Mrs. Henry said she was confused about the meaning of the word "preliminary". Town Manager Horton said "preliminary" meant that the rolls would not be finalized until after the public hearing and a final recommendation had been made and approved by the Council. Mrs. Henry asked if charges for the mat and seal would be levied immediately. Mr. Horton responded yes. He informed Mrs. Henry that a hearing had been scheduled for November 19 and encouraged her to attend.

Item 5 - Northside Land Use Plan Amendment

Council Member Wilkerson stated that he did not want another public hearing on this matter tonight.

Town Manager Cal Horton gave a brief description of the proposed conservation district and commented on work being done by the Town's Planning Department and a class in City and Regional Planning at UNC.

Planning Director Roger Waldon described the boundary proposed for inclusion in the Land Use Plan. He noted that an alternate proposal (resolution b) would extend the Northside neighborhood boundary to the northeast. Mr. Waldon added that Resolution A would designate the boundary as recommended by staff. Mr. Waldon noted that either alternative was plausible.

Estelle Mabry spoke about the concerns residents of Northside had for their neighborhood. Ms. Mabry said that only Northside neighborhood residents could define their neighborhood. Ms. Mabry said the proposed boundary should adjoin Airport Road and Umstead Drive.

Emmit Caldwell presented a petition signed by 120 Northside property owners. Mr. Caldwell stated that rezoning the entire neighborhood to single-family residences was the only way to preserve the character of the area.

Dan Koenigshoefer expressed concern about the inclusion of office-institutional zoning in the Northside area. He noted that it did not fit into this neighborhood.

Council Member Andresen inquired whether Council adoption of the larger boundaries would pose any problems. Town Attorney Karpinos responded that both areas would be conservation areas, but the Council would have to exercise care in future zoning decisions.

Council Member Andresen stated she supports this area as a conservation area, and suggested the Council rezone the area as R-2. She suggested the Council schedule a public hearing on this proposal. Council Member Wilkerson stated his wish to move ahead as scheduled on the land-use plan issue, in concert with the student's study of the area.

Council Member Preston, noted that the student's area study for the Northside neighborhood would be completed in January. Council Member Preston noted that the larger boundary proposal was relatively new. She suggested that the Council adopt the smaller boundaries this evening, with re-evaluation of the boundaries to occur once the student report was presented to the Council.

Council Member Brown said she wanted to hear comments from residents of the larger proposed boundary area prior to possibly establishing this boundary.

Council Member Werner noted that non-residential uses were strongly discouraged. He asked whether this provision applied to the larger area. Mr. Waldon said yes, adding that it would make the neighborhood's architecture more uniform.

Council Member Preston asked if an area in Northside was zoned commercial, and if a piece of this commercial property was sold for redevelopment, would the zoning take precedence for the redevelopment? Mr. Waldon responded yes, adding that the new zoning would be more powerful to regulate redevelopment than wording in the land-use plan.

Council Member Herzenberg said expansion to the larger boundaries would weaken the proposed conservation area. He said the best option was to conserve the smaller area.

COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER WILKERSON, TO ADOPT RESOLUTION R-1a. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION TO AMEND THE CHAPEL HILL LAND USE PLAN TO DESIGNATE THE NORTHSIDE NEIGHBORHOOD (WITH THE BOUNDARIES AS ORIGINALLY PROPOSED AS HEARD AT THE PUBLIC HEARING) AS A CONSERVATION AREA (90-10-29/R-1a)

WHEREAS, the residents of the Northside Neighborhood have requested that the Town assist them in maintaining the special character and the single family residential pattern of their neighborhood; and

WHEREAS, the Town Council wants to assist the neighborhood with this request and has considered the most effective ways to achieve protection for the Northside Neighborhood; and

WHEREAS, the Land Use Plan of the Town of Chapel Hill is a policy statement of the community for how the land should best be used;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Land Use Plan is hereby amended as follows:

SECTION I

That the following paragraphs are added to the Land Use Plan, Analysis of Critical Areas, Central Chapel Hill (page 9):

The Northside Neighborhood in particular is a unique and vulnerable community in Chapel Hill. It is among the oldest neighborhoods in the Town. From its beginning it has provided homes for the moderate income people of Chapel Hill. It is the only residential district adjoining the Town Center which does not have historic district protection. It has a particularly rich mix of people living in it. For these reasons, the Northside Neighborhood is designated a Conservation Area.

The intent of designating Northside as a Conservation Area is to preserve the single-family residential character of the neighborhood. It is further the intent to preserve the distinguishing features and the character of the area.

Development that occurs in a Neighborhood Conservation Area should be of a scale and design similar to the one and two-story existing structures in the neighborhood. Non-residential uses are strongly discouraged. Large parking areas are similarly discouraged; if parking areas are to be developed, they should be heavily screened from public streets and walkways. All development should place emphasis on pedestrian movements.

SECTION II

That the Land Use Plan map is amended to show the boundaries of the Northside Neighborhood Conservation Area, as shown on the attached map.

This the 29th day of October, 1990.

Mayor Howes stated that the Council would re-examine the issue when the student report was completed, probably in January, 1991.

Item 6 - Single-Family/Duplex/Rooming House DOTA

Planning Director Waldon said an attempt was being made to strike a balance between clarifying regulations and allowing for appropriate review and notification. He said the proposal would treat any duplex with more than 3 bedrooms as a rooming house. He summarized the staff recommendation by noting that the ordinance could not address all situations, but still felt that the ordinance was a good one.

Council Member Andresen said she had received a call from a citizen inquiring whether the Town licensed rooming houses. Mr. Waldon responded that a privilege license was required to operate a rooming house. Council Member Andresen asked whether was a penalty for noncompliance. Mr. Waldon stated that if a privilege license is not obtained, the property owner is subject to a $25 per day fine, accruing until the situation is remedied.

Council Member Preston inquired about limitations on the number of occupants per bedroom. Mr. Waldon responded that the Housing and Building Codes only state a minimum number of people per square feet.

Council Member Werner asked how the Town enforces housing use regulations relative to blood relatives. Mr. Waldon responded that the ordinance places its focus on the physical aspect of the dwelling, since it is the easiest to regulate.

Council Member Werner asked whether the Town regularly enforced these regulations. Town Manager Horton responded that enforcement was on an exception/complaint basis.

Council Member Werner asked whether a structure could be converted to a rooming house without any structural changes. Town Manager Horton said yes, noting that if more than the permitted number of people were living there it would be considered a rooming house.

Council Member Wilkerson stated that a recent complaint had led to Council consideration of a revised ordinance. He asked Mr. Waldon how many homes in Town were presently being used as rooming houses or were nonconforming? Mr. Waldon said he did not have reliable information on this point.

Council Member Herzenberg said that neighborhood residents had valid concerns, adding that he was not interested in changing the Town's definition of "family". Council Member Herzenberg stated that passage of the ordinance might help in some cases to regulate, but may not prevent people from using their front yards as parking lots. Council Member Brown stated that it was her understanding that the new ordinance would not affect existing uses.

Council Member Wilkerson said he was inclined to favor the proposed amendment. He noted that the petition presented to the Council by Emmit Caldwell required clarification since some residents misunderstood the intent of the petition.

Pete Thorn of Capricorn Construction stated he disagreed with the Town staff's interpretation of the ordinance. He requested that the Council adopt the amendment and a revision to exclude previous applications. He suggested that the Board of Adjustment hear appeals as a check and balance.

Mr. Don Hicks noted that he was a sixteen year resident of the Town and owned several duplexes on Merritt Mill Road and Edwards Street. He stated that he had initially installed three parking spaces for each two-bedroom duplex and had found this to be adequate. In 1988 he built four three-bedroom units with four parking spaces each. Mr. Hicks said he had no problems with residents or neighbors about the number of spaces provided. Mr. Hicks said he thought emphasis should be placed on the number of parking spaces of a unit rather than the number of bedrooms. He requested that the Council reconsider the number of people permitted in a duplex. He also asked that the Council consider the need for four-bedroom units, as these units are preferred by many of students.

Council Member Wilkerson asked Mr. Hicks to describe the area surrounding his duplexes. Mr. Hicks responded that the area is predominately duplexes.

Janet Tice stated that it was very important that citizens be notified when items of concern are placed on the agenda, so they can address the Council on these matters. Ms. Tice stated that grandfathering clauses should not delay the implementation of the ordinance.

Horst Kessemeier, 111 Green Street, asked the Council to adopt the text amendment as recommended by the Town Manager. He also stated that it would be beneficial if the Council would visit at the proposed construction site on Green Street.

Joan Bartel, a resident of South Columbia Street, expressed her support for the proposed amendment. She urged the Council not to permit abuse of existing regulations.

Estelle Mabry said the proposed ordinance only addressed the definition of a duplex and rooming house not what might be built.

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO ADOPT ORDINANCE 1.

Town Attorney Karpinos stated that two questions needed to be considered: (1) is the proposal of Capricorn Construction being brought into compliance; and (2) If the Board of Adjustment approves Capricorn's request, does the new ordinance still grandfather Capricorn's project?

Council Member Wallace said this position appeared hypothetical. He said there was no problem unless a new ordinance was adopted.

Council Member Herzenberg inquired about the meaning of today's Court ruling. Mr. Karpinos responded it allowed the Town to deny Capricorn a building permit. Council Member Herzenberg inquired about the staff's position concerning the Green Street duplex situation. Town Attorney Karpinos responded that the Planning Department wanted to get involved early enough in the process to deny permits and prevent construction.

Council Member Rimer questioned the defining of "family", and asked if other communities in our area used a similar process. Planning Director Waldon responded that the general direction most communities take is to define family and address the situation that way.

Council Member Rimer asked whether defining "family" in this way was supported by case law. Town Attorney Karpinos responded that there was no case law in North Carolina along these lines.

Council Member Wallace stated it would be a distinct error to incorporate any reference to future Council actions.

THE MOTION TO ADOPT ORDINANCE 1A WAS PLACED ON THE FLOOR. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

AN ORDINANCE AMENDING THE CHAPEL HILL DEVELOPMENT ORDINANCE (90-10-29/O-1a)

WHEREAS, the Council of the Town of Chapel Hill has considered the proposed amendment to the Chapel Hill Development Ordinance to change the regulations for two-family structures, and finds that the amendment is appropriate due to changed or changing conditions in a particular area or in the jurisdiction generally and achieves the purposes of the Comprehensive Plan; and

WHEREAS, the Council believes this proposed amendment promotes the public health, safety, and welfare by effecting the scale of rooming house development through design features which are a part of the Development Ordinance and include floor area ratios, landscape bufferyards, and parking standards;

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

SECTION I

AMEND Section 2.36 to read as follows:

2.36 Dwelling, Single-Family: A detached dwelling consisting of a single dwelling unit only. A single family structure with more than five (5) bedrooms shall be classified as a Rooming House unless the structure is occupied by persons related by blood, adoption, or marriage, with not more than two unrelated persons.

SECTION II

AMEND Section 2.38 to read as follows:

2.38 Dwelling, Two-Family -- Including Accessory Apartment: A dwelling or combination of dwellings on a single zoning lot consisting of two (2) dwelling units, provided the floor area of one of the dwelling units does not exceed fifty percent (50%) of the floor area of the other dwelling unit, nor is greater than 750 square feet and further provided the dwelling's exterior design and entry locations give the dwelling the appearance of a single-family dwelling. A two-family dwelling that includes an accessory apartment, as described above, with more than six (6) bedrooms within the two-family dwelling shall be classified as a Rooming House unless each dwelling unit is occupied by persons related by blood, adoption, or marriage, with not more than two unrelated persons.

SECTION III

AMEND Section 2.39 to read as follows:

2.39 Dwelling, Two-Family -- Duplex: A single dwelling consisting of two (2) dwelling units (other than a two-family dwelling--including accessory apartment--see Section 2.38 above), providing the two dwelling units are connected by or share a common floor-to-ceiling wall, or, if the two units are arranged vertically, that they share a common floor/ceiling and not simply by an unenclosed passageway (e.g., covered walkway) and provided that each dwelling unit contains no more than three (3) bedrooms per unit. A duplex structure with more than three (3) bedrooms within either dwelling unit shall be classified as a Rooming House unless each dwelling unit is occupied by persons related by blood, adoption, or marriage, with not more than two unrelated persons.

SECTION IV

AMEND the end of Section 2.108 by adding the following:

A Rooming House shall include a single-family dwelling, two-family dwelling including accessory apartment, or a two-family dwelling--duplex if used in a manner described in the applicable definition sections so as to constitute a Rooming House. A Rooming House shall also include a building or group of buildings intended for occupancy by or occupied by more than four (4) unrelated individuals.

SECTION V

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

This the 29th day of October, 1990.

Item 7 (Thoroughfare Plan and Item 8 (N.C. 86 and South Columbia Street Corridor Design) deferred to the November 19 public hearing.

Item 9 - Rural Buffer

Mr. Waldon noted that concurrent adoption of the proposed changes to the Joint Planning Agreement by Carrboro, Orange County and the Town was necessary for implementation. He noted that there was widespread support for a low-density rural buffer. Mr. Waldon added that the Rural Character Study Committee recommended that cluster developments be served by community water and wastewater service. Mayor Howes said that several members of the study committee were in attendance this evening.

Council Member Andresen stated that she had technical, political, legal, health and safety concerns, but wanted to move ahead on this matter as soon as possible.

Council Member Rimer said he also had concerns. He said that OWASA Officials were concerned about future operational problems. He stated he wanted OWASA to study the situation with a Town Manager follow-up report in January.

Council Member Werner said some of the proposed procedures bothered him, and that the process was long. He also said that the Town relies on OWASA to administer water and wastewater systems, noting that no attempt should be made to pass a resolution until OWASA has had time to study the situation and give a recommendation to the Council.

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

Council Member Wallace said he felt it was better to put all issues out on the table before the Council acted. He said OWASA had contracted with the Town, Carrboro and Southern Orange County for the next 120 years of operations and they should be given the opportunity to study the same information as the Town.

Council Member Brown said she was impressed with the work of the Rural Character Study Committee.

Mr. Clint Burklin, representing the Rural Character Study Committee, said he shared the Council's concerns. He said he had spoken with OWASA's technical staff, who are looking for a balance, such as a 5-acre minimum lot size. Mr. Burklin said he wanted fairness with respect to density. Mr. Burklin said the Town could preserve balance and quality by employing safeguards. He said early indications from OWASA supported the proposed process.

Council Member Preston asked Mr. Burklin to expand on the meaning of clustering and hamlets. Mr. Burklin said he envisioned individual lots and individual facilities back-to-back, possibly sharing a wall, similar to duplexes. He added that 80% of the land would be set aside and remain in its natural state.

Mayor Howes asked whether there were any hamlets in the rural buffer at present. Mr. Burklin responded that he was not aware of any.

Council Member Brown inquired about the future plans of the committee. Mr. Burklin responded that the group would continue its work, focusing on the balance of the County.

Council Member Brown asked Mr. Burklin if he knew of other means available to preserve the rural buffer. Mr. Burklin said the Committee was paying attention to this issue and would obtain additional information. He stated that in their meeting with Carrboro, the Carrboro Board of Aldermen placed one of their members on the study committee to enhance dialogue. He suggested that the Council may wish to do likewise.

Council Member Andresen said she thought this was a good idea, and agreed with Council Member Werner that adoption of Resolution 4b was advisable.

Mr. Burklin said he wanted the dialogue of trade-offs to continue.

Council Member Werner stated the Town should request that OWASA provide expeditious response in this matter.

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

A RESOLUTION REQUESTING THE ASSISTANCE OF THE ORANGE WATER AND SEWER AUTHORITY IN ANSWERING THE TECHNICAL QUESTIONS ASSOCIATED WITH THE PROPOSED ALTERNATIVE PUBLIC SATELLITE WATER AND SEWER SYSTEMS (90-10-29/R-4b)

WHEREAS, the Chapel Hill Town Council, the Carrboro Board of Aldermen and the Orange County Board of Commissioners held a public hearing on August 30, 1990 on the recommendations of the Rural Character Study Committee for changes to the Joint Planning Agreement and the Joint Planning Land Use Plan; and

WHEREAS, questions were raised at the public hearing and have been discussed subsequently on the technical, legal and practical advisability of establishing alternative public satellite water and sewer systems in the Rural Buffer; and

WHEREAS, the Council recognizes the need to address these questions and concerns;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that we request the assistance of the Orange Water and Sewer Authority in answering the technical questions associated with the alternative public satellite water and sewer systems proposed for the Rural Buffer.

This the 29th day of October, 1990.

Item 10 - Parrish Property ZAA

Planning Director Roger Waldon stated that this property was currently vacant. Mr. Waldon said there were three main issues: (1) current use of the property, (2) range of permitted uses; and (3) conditional use zoning. He said the staff's recommendation was to deny the application for the special use zoning. Mr. Waldon said the staff would encourage the applicant to apply for conditional use zoning.

Council Member Preston asked whether the use of the property could be changed under conditional use zoning. Mr. Waldon said yes, noting that a special use permit would also be needed and would need to be changed.

Council Member Brown asked whether the staff had explored other zoning categories for the property? She suggested establishing a greater variety of commercial zones.

Town Manager Horton said the creation of additional commercial zones would afford the Council greater discretion. He said it would take considerable staff time to develop these options.

Council Member Andresen said she supported the Manager's recommendation. She said she was inclined to support conditional use zoning if the applicant chose to seek it.

Council Member Wallace said work was just beginning on this entranceway project. He said the Council may be getting off on the wrong foot if they continue adding zoning classifications.

Council Member Werner said alternative commercial zoning designations were needed. He added that the current Neighborhood Commercial designation was too broad.

Council Member Preston said that the property had been zoned commercial for about forty years. She said it was unfair to remove this zoning designation. Council Member Preston said she was still concerned about allowing too much leeway in commercial zoning.

Council Member Rimer said he shared Council Member Brown's and Andresen's concerns. He said if the property were zoned R-2, the applicant could still request conditional use zoning.

COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADOPT ORDINANCE 0-2.

THE MOTION FAILED BY A VOTE OF 5-4 (SIX VOTES BEING REQUIRED FOR PASSAGE OF AN ORDINANCE ON FIRST READING), WITH COUNCIL MEMBERS BROWN, HERZENBERG, PRESTON, WERNER AND WILKERSON VOTING AYE.

Council Member Wilkerson said the Council was being unfair to the property owner.

Mayor Howes stated this item would return for a second vote at the Council's November 12 meeting.

Item 11 - Hotel/Motel Tax Allocations

Town Manager Horton stated that discussions were taking place with ArtsCenter Officials. He said the ArtsCenter had made great strides in many areas, but still have not provided the staff with an audit report which was expected on October 1. Mr. Horton suggested that the Council continue to reserve the $15,000 budgeted for the ArtsCenter. He noted that $6,249 of this amount had been released for rental payments, but no additional funds would be released until the audit report was received. He noted that $35,000 is also being held for other organizations or projects.

Council Member Werner said spending $10,000 for holiday decorations did not strike him as a compelling community need at this time.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO ADOPT RESOLUTION 6b.

Jef, a member of Touch Mime Theater, said he applauded the Council's prudence in dealing with the Hotel/Motel tax issue. He said the ArtsCenter had received $3,000 from the State to support Transactors, a group of local artists. Jef indicated that Transactors had not yet received these funds from the ArtsCenter. He asked the Council to think carefully before allocating more money to the ArtsCenter.

Fred Good, Chairman of the ArtsCenter, said that the ArtsCenter had made arrangements to pay Transactors in the near future. Mr. Good said the ArtsCenter had received a clear message that the Council wanted to support the ArtsCenter. He stated the ArtsCenter had just hired a new director and had reduced their debt considerably. He said the ArtsCenter needed the Council's support and urged that they vote to adopt resolution B.

Susan Gramley said she did not want the community to lose the continued services of the ArtsCenter. She said she was especially concerned with activities directed towards children. She said that private schools, day care centers, and public schools all routinely participate in ArtsCenter activities. Ms. Gramley stated that in 1989 more than 900 children had attended programs at the ArtsCenter free of charge. She stated she wanted to see these services continue.

Council Member Wilkerson expressed concern that partiality was being shown to ArtsCenter supporters. Mayor Howes said all speakers received the same treatment.

COUNCIL MEMBER WILKERSON MOVED ADOPTION OF RESOLUTION 6A. THE MOTION DIED FOR LACK OF A SECOND.

Council Member Brown said she had problems with both resolutions. She said it was important that the Council send a message to the community that tax dollars were being spent wisely. She suggested that the Chamber of Commerce be asked to use recycled paper when printing visitor brochures. Council Members Preston and Rimer expressed concurrence with the use of recycled paper. Council Member Brown said she agreed with Council Member Werner that $10,000 should not be spent on holiday decorations. Council Member Brown suggested that the funds be used to fund other organizations such as the Touch-Mime Theater, Playmakers, Botanical Garden and the Preservation Society.

COUNCIL MEMBER WILKERSON MOVED THE ADOPTION OF RESOLUTION A, WITH THE SUBSTITUTION THAT THE $10,000 FOR HOLIDAY DECORATIONS BE DELETED AND THAT THESE FUNDS BE SET ASIDE FOR USE BY OTHER ORGANIZATIONS. COUNCIL MEMBER BROWN SECONDED THE MOTION.

Council Member Herzenberg said he opposed the substitute motion. He noted that considerable time had been spent on this matter and that the Council should be get on with the business at hand.

Council Member Preston said she concurred with Council Member Herzenberg's remarks.

Council Member Andresen stated her concern about continuing support in the form of operating expenses, but not withstanding, supported Resolution B in order to keep the doors of the Arts Center open. She also agreed with Council Member Brown that performance agreements should require use of recycled paper for printing of materials. Council Member Wilkerson said some members of the community had regrettably concluded that the doors of the Arts Center would have been closed long ago if it had been operated by members of the African-American community. Mayor Howes said the Council had shown support for the ArtsCenter in the past, but felt the Council should wait for the audit report before making any further commitments. He expressed support for the substitute motion.

Council Member Andresen stated that holiday decorations were a source of community pride and need to be replaced in the near future.

THE SUBSTITUTE MOTION FAILED BY A VOTE OF 2-7, WITH COUNCIL MEMBERS BROWN AND WILKERSON SUPPORTING THE MOTION.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADOPT RESOLUTION A. THE MOTION PASSED BY A VOTE OF 5-4, WITH COUNCIL MEMBERS BROWN, HERZENBERG, PRESTON AND WERNER VOTING NO.

A RESOLUTION AUTHORIZING THE MANAGER TO ENTER INTO PERFORMANCE AGREEMENTS FOR VISITOR INFORMATION SERVICES AND SUPPORT OF CULTURAL EVENTS (90-10-29/R-6a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to enter into performance agreements with the community organizations and for services and projects as listed below:

Town of Chapel Hill Partial funding for $ 10,000

replacing holiday

decorations beginning

in 1991

Chapel Hill Ballet Dance workshop 1,500

Company

Chamber of Commerce Visitor brochure 10,000

Downtown Commission Trolley tours 2,129

and Preservation

Society

Village Band Music festival 500

Preservation Society Educational program 5,850

Community Youth Theatre Youth theatre 1,620

Teen Center, Inc. Street Scene 3,401

$ 35,000

BE IT FURTHER RESOLVED that $8,751 shall be reserved for potential future use by the ArtsCenter to be considered after the Council has reviewed the 1989-90 audit and a plan demonstrating future financial viability of the ArtsCenter.

This the 29th day of October, 1990.

Item 13 - Deloitte-Touche Audit Report

Senior Auditor Jan Llewelyn, representing Deloitte & Touche, highlighted the different categories of the audit report. She stated that the financial position of the Town was strong. Ms. Llewelyn suggested that the Council review the last page of the audit document for overview information. She also suggested the Council review the cover memo suggesting some minor changes in the procedures currently being used by the Finance Department.

Council Member Andresen inquired about the recommended percentage of year-end fund balance. Ms. Llewelyn responded that a minimum of 8-10% is suggested, but the range is 8-20%.

Mayor Howes commented that the Town had again received the highest award possible from the Government Finance Officers Association for its excellent financial reporting.

Town Manager Horton recognized the contributions of Finance Director Jim Baker and Accounting Services Manager Kathie Young in preparing the audit report.

Item 14 - 1st Quarterly Reports

Town Manager Horton suggested that the Council defer discussion of quarterly reports until a future meeting due to the lateness of the hour. The Council agreed to reschedule this item to the November 12 meeting.

Item 15 - Appointments

MARGARET BROWN, JULIE COLEMAN, JOHN SCHMIDT, PEARSON STEWART, AND BILL ROHE WERE APPOINTED TO THE SMALL AREA PLANNING WORK GROUP. ORIGINAL VOTING BALLOTS ARE AVAILABLE FOR INSPECTION IN THE TOWN CLERK'S OFFICE.

Item 16 - Consent Agenda

COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER WERNER TO ADOPT RESOLUTION 8, THE CONSENT AGENDA, AS PRESENTED. THE MOTION WAS ADOPTED UNANIMOUSLY.

Bonds and Plats DOTA

AN ORDINANCE AMENDING THE CHAPEL HILL DEVELOPMENT ORDINANCE REGARDING CERTIFICATE OF IMPROVEMENTS FOR SUBDIVISION PLATS (90-10-29/O-3)

WHEREAS, the Council of the Town of Chapel Hill has considered the proposed amendment to the Chapel Hill Development Ordinance to change the Certificate of Improvements for subdivision plats, and finds that the amendment is appropriate due to changed or changing conditions in a particular area or in the jurisdiction generally and achieves the purposes of the Comprehensive Plan;

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

SECTION I

AMEND the last paragraph of Subsection 17.14.3 to read as follows:

The Town Manager hereby certifies that a surety of satisfactory amount has been posted with the Town of Chapel Hill which surety guarantees that all public improvements will be completed as specified by the approved Preliminary Plat for ___________________ Subdivision within ___ days unless affirmatively extended by the Town Manager. Notice will be duly recorded with the Register of Deeds if and when said surety is amended or extended prior to completion of all public improvements for which it was posted.

__________________________________________________

Town Manager Date

SECTION II

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

This the 29th day of October, 1990.

Historic District Language DOTA

AN ORDINANCE AMENDING THE CHAPEL HILL DEVELOPMENT ORDINANCE REGARDING HISTORIC DISTRICT ENABLING LEGISLATION (90-10-29/O-4)

WHEREAS, the Council of the Town of Chapel Hill has considered the proposed amendment to the Chapel Hill Development Ordinance to cite the General Statutes 160A, Article 19, Part 3C, instead of citing the repealed Parts 3A and 3B, finds that the amendment is appropriate due to changed conditions.

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

REPLACE the second paragraph of Article 6.2 with the following:

No new historic district or any change to the boundaries of any existing historic district shall be designated until the North Carolina Department of Cultural Resources shall be given an opportunity, in accord with Chapter 160A, Article 19, Part 3C of the N.C. General Statutes or its successor statutes, to make recommendations with respect to the establishment of such new district or change in the boundaries of an existing district.

BE IT FURTHER ORDAINED that the Town Manager is directed to adjust the Development Ordinance cross references in Article 6 which refer to the North Carolina General Statutes so that they reference the existing legislation rather than the repealed legislation.

BE IT FURTHER ORDAINED that all ordinances and portions of ordinances in conflict herewith are hereby repealed.

This the 29th day of October, 1990.

New Residential Zone DOTA

AN ORDINANCE AMENDING THE CHAPEL HILL DEVELOPMENT ORDINANCE TO CREATE A NEW, LOW DENSITY ZONING DISTRICT, RESIDENTIAL-2A (90-10-29/O-5)

WHEREAS, the Council of the Town of Chapel Hill has considered the proposed amendments to the Chapel Hill Development Ordinance creating a new, low density residential zoning district (Residential-2A), and finds that the amendments are appropriate due to changed or changing conditions in a particular area or in the jurisdiction generally and achieves the purposes of the Comprehensive Plan;

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

SECTION I

AMEND Subsection 3.1.8 to read as follows:

3.1.8 Residential Districts (R-6, R-6, R-4, R-3, R-2, R-2A, R-1, R-1A)

The Residential (R-) districts are intended to provide for residential development of appropriate intensities consonant with the suitability of land, availability of public services, accessibility to major activity centers and transportation systems, and compatibility with surrounding development.

SECTION II

ADD a new column to Section 12.3, Schedule of Use Regulations to read as follows:

Uses R-2A

Use Group A

Accessory Use Customarily Incidental to a

Permitted Group A Principal or Special Use A

Agriculture, Non-Livestock (see Article 12.4) A

Agriculture, Livestock (see Article 12.4) __

Cemetery S

Dwelling, Single Family P

Dwelling, Two Family-Including Accessory Apartment P

Dwelling, Two Family Duplex P

Dwelling, Multi-Family--3 to 7 Dwelling Units --

Dwelling, Multi-Family--over 7 Dwelling Units --

Essential Services P,A

Home Occupation A

Mobile Home, Class A P

Mobile Home, Class B --

Mobile Home Park --

Outdoor Skateboard Ramp (see Article 12.6) A

Use Group B

Accessory Use Customarily Incidental to a

Permitted Group B Principal or Special use A

Adult Day Care Facility S,A

Business, Office-Type --

Child Day Care Facility (See Article 12.6) P,A

Church (See Article 12.6) P

Clinic --

Club --

College or University --

Fine Arts Educational Institution --

Fraternity or Sorority Dwelling --

Funeral Home --

Group Car Facility S

Hospital --

Hotel or Motel --

Public Cultural Facility P,A

Public Use Facility P,A

Research Activities --

Residence Hall --

Residential Support Facility --

Rooming House --

School, Elementary or Secondary (see Article 12.6) P

Shelter --

Tourist Home --

Use Group C

Accessory Use Customarily Incidental to a Permitted

Group C Principal or Special Use A

Automotive Repair Less Collision Service & Painting --

Automotive Repair --

Automotive, Trailer, & Farm Implement Sales or Rental --

Bank --

Barber Shop/Beauty Salon --

Business, Convenience --

Business, General --

Business, Wholesale --

Car Wash --

Extraction of Earth Products --

Hangar, Medical Aircraft --

Kennel --

Landfill --

Maintenance and/or Storage Facility --

Manufacturing, Light --

Parking, Off-street A

Park/Ride Terminal S

Personal Services --

Place of Assembly-Up to 2,000 seating capacity A

Place of Assembly-Over 2,000 seating capacity --

Public Service Facility S

Publishing and/or Printing --

Accessory Radio or TV Transmitting +/or Receiving

Antenna A

Radio or TV Transmitting and/or Receiving Facility --

Recreation Facility, Non-profit P

Recreation Facility, Commercial --

Service Station --

Supply Yard --

Temporary Portable Building, Construction-Related A

Temporary Portable Building, Other than Construction-

Related --

Veterinary Hospital or Clinic --

Vocational School --

Water and Wastewater Treatment Plant --

Window, Drive-In, as an accessory use to a

Permitted Principal Use --

SECTION III

AMEND Section 12.6.1 to read as follows:

12.6.1 Each of the following principal uses shall be permitted in R-1A, R-1, R-2A, R-2 zoning districts only if the zoning lot on which such use is located fronts on either an arterial or collector street:

a) Church

b) School, Elementary or Secondary

c) Public Cultural Facility

d) Child Day Care Center

SECTION IV

AMEND the first paragraph of Section 12.6.2 to read as follows:

Outdoor Skateboard ramps shall be permitted as an Accessory Use ("A") in the R-6, R-5, R-4, R-3, R-2, R-2A, R-1, and R-1A zoning districts only if:

SECTION V

AMEND the last paragraph of Subsection 13.6.2 to read as follows:

Where a zoning lot is in a R-1A, R-1, R-2A, or R-2 zoning district and is part of a subdivision approved as a cluster development (see Section 17.8), the minimum lot width requirement specified in Section 13.11 may be reduced by twenty percent (20%).

SECTION VI

INSERT a new line to Section 13.8 establishing the maximum number of dwelling units per acre of gross land area for R-2A to read as follows:

R-2A 3.5

SECTION VII

AMEND the last paragraph of Subsection 13.9.6 to read as follows:

Where a zoning lot is in a R-1A, R-1, R-2A, or R-2 zoning district and is part of a subdivision approved as a cluster development (see Section 17.8), the minimum interior setback specified in Section 13.11 for the zoning district may be reduced to eight (8) feet. Such reduction shall not be permitted where the interior lot line forms a boundary of the subdivision.

SECTION VIII

AMEND the last paragraph of Subsection 13.9.8 to read as follows:

Where a zoning lot is in a R-1A, R-1, R-2A, or R-2 zoning district and is part of a subdivision approved as a cluster development (see Section 17.8), the minimum solar setback specified in Section 13.11 for the zoning district may be reduced to ten (10) feet. Such reduction shall not be permitted where the north lot line forms a boundary of the subdivision.

SECTION IX

ADD new rows to Subsection 13.11.1, Use Group A, Schedule of Intensity Regulations to read as follows:

R-2A 14,500 70 0 28 .087 .89 .75 .025 12 14 29 50

1 30 .100 .85 .68 .026 12 14 29 50

2 31 .107 .80 .62 .026 12 14 29 50

SECTION X

ADD new rows to Subsection 13.11.2, Use Group B, Schedule of Intensity Regulations to read as follows:

R-2A 14,500 70 0 22 .058 .87 .75 NA 12 14 29 50

1 24 .059 .89 .75 NA 12 14 29 50

2 25 .071 .89 .75 NA 12 14 29 50

SECTION XI

ADD new rows to Subsection 13.11.3, Use Group C, Schedule of Intensity Regulations to read as follows:

R-2A 14,500 70 0 15 .035 .90 .80 NA 12 14 29 50

1 17 .041 .90 .80 NA 12 14 29 50

2 18 .044 .90 .80 NA 12 14 29 50

SECTION XII

AMEND Subsection 17.8.3.b to read as follows:

17.8.3 b) Minimum lot width requirements specified in Section 13.11 for R-1A, R-1, R-2A, and R-2 zoning districts may be reduced by twenty percent (20%).

SECTION XIII

AMEND Subsection 17.8.3.d to read as follows:

17.8.3 d) Minimum interior setback requirements specified in Section 13.11 for R-1A, R-1, R-2A, and R-2 zoning districts may be reduced to eight (8) feet except where the interior lot line forms a boundary of the cluster development.

SECTION XIV

AMEND Subsection 17.8.3.e to read as follows:

17.8.3 e) Minimum solar setback requirements specified in Section 13.11 for R-1A, R-1, R-2A, and R-2 zoning districts may be reduced to ten (10) feet except where the north lot line forms a boundary of the cluster development.

SECTION XV

INSERT a new line to Subsection 17.9.2, Minimum Recreation Area, establishing the minimum recreation area that must be provided or dedicated as part of a subdivision in the R-2A zoning district to read as follows:

Zoning District Recreation Space Ratio

R-2A .095

SECTION XVI

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

This the 29th day of October, 1990.

Oaks Villas R-2A Zoning Atlas Amendment

AN ORDINANCE AMENDING THE CHAPEL HILL ZONING ATLAS (OAKS VILLAS FROM RESIDENTIAL-2 TO RESIDENTIAL-2A) (90-10-29/O-6)

WHEREAS, the Council of the Town of Chapel Hill has considered the proposal to amend the Zoning Atlas to rezone property as shown on Map 1 attached from Residential-2 to Residential-2A, and finds that the amendment is appropriate due to changed conditions and achieves the purposes of the Comprehensive Plan;

SECTION I

NOW, THEREFORE, BE IT ORDAINED by the Council that the Chapel Hill Zoning Atlas be amended to rezone the Oaks Villas as shown on Map 1 attached from Residential-2 to Residential-2A.

SECTION II

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

This the 29th day of October, 1990.

Calling Public Hearing re Definition of Gross Land Area

A RESOLUTION CALLING A PUBLIC HEARING ON AMENDING THE DEVELOPMENT ORDINANCE REGARDING THE DEFINITION OF GROSS LAND AREA (90-10-29/R-10)

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., Monday, February 18, 1991 in the Council Chamber at Town Hall, 306 North Columbia Street, Chapel Hill, on amending the Development Ordinance to adjust the definition of Gross Land Area as it relates to credited open space and credited street area calculations.

BE IT FURTHER RESOLVED that the Council hereby refers this matter to the Planning Board and the Manager for recommendations to be presented at the February 18, 1991 Public Hearing.

This the 29th day of October, 1990.

Calling Public Hearing re Countryside Drive Paving Assessment

A RESOLUTION CALLING A PUBLIC HEARING ON THE PRELIMINARY ASSESSMENT ROLL FOR COUNTRYSIDE SUBDIVISION (90-10-29/R-11)

WHEREAS, total project costs have been compiled for improvements in Countryside Subdivision; and

WHEREAS, a preliminary assessment roll has been established for this project and is on file with the Town Clerk;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council herewith calls a public hearing at 7:30 pm on November 19, 1990 in the Town Hall, 306 N. Columbia Street, to hear comments on the preliminary assessment roll for improvements in Countryside Subdivision.

This the 29th day of October, 1990.

Housing Assistance Plan

A RESOLUTION AUTHORIZING SUBMISSION OF A HOUSING ASSISTANCE PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (90-10-29/R-12)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Manager to submit a Housing

Assistance Plan to the U.S. Department of Housing and Urban Development (HUD) by October 31, 1990 and to provide such

additional information as HUD may require.

This the 29th day of October, 1990.

Annual Budget Amendment

AN ORDINANCE TO AMEND "THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1990" (90-10-29/O-7)

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, 1990" as adopted on June 11, 1990, be and the same is hereby amended as follows:

ARTICLE I

CURRENT REVISED

APPROPRIATIONS BUDGET INCREASE DECREASE BUDGET

_________________________________________________________________

GENERAL FUND

Mayor 63,754 870 64,624

Council 111,824 2,762 114,586

Town Manager

Administration 607,424 12,197 619,621

Info. Services 243,319 2,220 245,539

Personnel 361,808 8,814 370,622

Finance 459,052 5,092 464,144

Legal 126,292 1,912 128,204

Planning 645,844 18,778 664,622

Inspections 322,961 2,368 325,329

Engineering 465,160 5,726 470,886

Housing/Comm.Dev. 119,912 8,205 128,117

Public Works

Administration 196,802 196,802

Construction 229,847 229,847

Streets 1,405,344 302,002 1,707,346

Equip. Services 1,109,811 1,676 1,111,487

Sanitation 2,098,462 5,011 2,103,473

General Services 664,600 81,573 746,173

Police

Support Services 1,043,303 17,240 1,060,543

Patrol 2,851,209 3,857 2,855,066

Detective 477,361 1,130 478,491

Fire

Administration 202,890 61 202,951

Suppression 1,387,610 13,907 1,401,517

Prevention 101,667 1,492 103,159

Parks & Recreation

Administration 254,657 247 254,904

General Recreation 803,218 15,368 818,586

Parks Maintenance 494,297 741 495,038

Library 890,150 11,110 901,260

Non-Departmental 2,969,723 2,969,723

TOTAL 20,708,301 524,359 21,232,660

PUBLIC HOUSING FUND 1,703 1,703

LANDFILL FUND 2,220,000 208,853 2,428,853

PARKING FACILITIES

FUND 155,315 34 155,349

PARKING FACILITIES BOND

FUND 0

CHURCH STREET PARKING

FACILITIES BOND FUND 251,500 11 251,511

TRANSPORTATION FUND

Administration 515,852 1,710 517,562

Operations 3,085,003 3,085,003

Maintenance 721,911 4,060 725,971

Non-Departmental 317,833

TOTAL 4,640,599 5,770 4,328,536

CAPITAL IMPROVEMENTS

FUND 504,542 781,307 1,285,849

ARTICLE II

CURRENT REVISED

APPROPRIATIONS BUDGET INCREASE DECREASE BUDGET

_________________________________________________________________

GENERAL FUND

FUND BALANCE 707,000 524,359 1,231,359

LANDFILL FUND

FUND BALANCE 175,000 29,215 204,215

PARKING FACILITIES FUND

FUND BALANCE 0 34 34

PARKING FACILITIES BOND FUND

FUND BALANCE 0 0

CHURCH STREET PARKING

FACILITIES BOND FUND

FUND BALANCE 0 11 11

TRANSPORTATION FUND

FUND BALANCE 277,021 5,770 282,791

CAPITAL IMPROVEMENTS FUND

FUND BALANCE 495,542 781,307 1,276,849

This the 29th day of October, 1990.

July 4 Fireworks Celebration

A RESOLUTION SUPPORTING COOPERATION WITH THE tOWN OF CARRBORO AND COUNTY OF ORANGE IN PROVIDING ANNUAL INDEPENDENCE DAY FESTIVITIES (90-10-29/R-13)

WHEREAS, the Town of Carrboro has for many years sponsored a fireworks display and related activities to celebrate July 4th; and

WHEREAS, the Town of Carrboro's July 4th activities are open to all citizens, and Chapel Hill residents have attended and enjoyed these events, especially since the cessation of July 4th fireworks at Kenan Stadium; and

WHEREAS, July 4th activities provide an opportunity for Carrboro, Orange County and Chapel Hill local governments to work together cooperatively in serving the citizens; and

WHEREAS, the Town of Carrboro has asked Chapel Hill and Orange County representatives to discuss cooperative arrangements for July 4th fireworks displays in future years;

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

1. Expresses its appreciation to the Board of Aldermen and the Town of Carrboro for sponsoring the annual July 4th fireworks and related festive activities for residents of the Towns of Carrboro and Chapel Hill and nearby County area.

2. Authorizes the Town Manager or Manager's designee to work with Carrboro and Orange County representatives to develop a plan for future July 4th celebrations for consideration by the Council no later than December 11, 1990 with respect to the July 4, 1991 activities; and to make additional recommendations as appropriate from time to time in planning for July 4th events in subsequent years.

This the 29th day of October, 1990.

The meeting was adjourned to Executive Session at 11:05 p.m.