MINUTES OF A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE TOWN OF CHAPEL HILL, MONDAY, JUNE 24, 1991 AT 7:30 P.M.

Mayor Pro Tem Preston called the meeting to order. Council Members in attendance were Julie Andresen, Joyce Brown, Joe Herzenberg, Arthur Werner and Roosevelt Wilkerson. Mayor Howes and Council Members Alan Rimer and James C. Wallace were absent excused.

Item 1 - Ceremony

Mayor Pro Tem Preston invited friends and family of Middle East conflict veterans to contact the Mayor's Office, so that their loved ones could be recognized for their bravery.

Mayor Pro Tem Preston requested that Army Specialist Jeff McCormick join her at the podium. Mayor Pro Tem Preston noted that Mr. McCormick had served for about a month and a half in Iraq and Kuwait during the Middle East conflict. She noted that Mr.McCormick planned to return to the University of Tennessee to complete his degree in communications. Mr. McCormick briefly described his experiences with refugees and soldiers in the Middle East. He also thanked all people who had sent letters to the troops during their service. Mayor Pro Tem Preston introduced Mr. McCormick's family and presented him with a Town lapel pin.

There were no hearings or petitions.

Item 4 - Minutes of June 10, 1991

Council Member Brown requested one modification.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT THE MINUTES OF JUNE 10TH AS REVISED. THE MOTION WAS ADOPTED UNANIMOUSLY (6-0).

Item 5 - Adoption of Interim Budget

Town Manager Horton said he was unable to recommend adoption of a permanent budget due to the uncertainty of State funding. Mr. Horton said that the interim budget provided adequate operating funds through the end of August. He said that a final recommendation might be presented to the Council at their July 8th meeting. Mr. Horton stated that the interim budget contained no new positions or programs. He added that there would be no employment offers for the eight new public safety officer positions and no grants would be issued for human service programs. Mr. Horton said he recommended adoption of the resolution before the Council.

Council Member Andresen inquired whether merit increases would be provided retroactively. Mr. Horton said this was not necessary since they did not take effect until October 1st. Council Member Andresen inquired whether the interim budget committed the Council to any new programs. Mr. Horton said no. Council Member Werner inquired about the impact of the interim budget on the hiring of new public safety officers. Mr. Horton said that this action would have to be delayed until the State took action on its budget.

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

Council Member Andresen requested an estimate of a worst-case scenario. Mr. Horton said that the Town appropriation could be reduced by $300,000 to $350,000. Mayor Pro Tem Preston inquired whether the $951,000 fund balance would be replaced once a final budget was adopted. Mr. Horton responded that the Town's books would be adjusted as necessary.

THE MOTION WAS PLACED ON THE FLOOR AND ADOPTED UNANIMOUSLY (6-0).

(Resolution 1)

Item 6 was deleted from the agenda.

Item 7 - Hotel-Motel Tax Fund Allocation

Town Manager Horton said that the Council had previously expressed its desire to allocate $20,000 to the Junior Olympics and to reserve $28,000 for the Orange County Visitor's Center proposal. He noted that further discussion with Orange County Commissioners was proposed on the latter item. Mr. Horton briefly the proposed allocation of the remaining $8,000 of hotel-motel tax fund allocations.

Eva Metzger expressed concern that her proposal for a video production of the Chapel Hill greenways system had not been recommended for funding. She stated that the video could be used as an educational aid for school children and others. Ms. Metzger emphasized the need to promote the Town's greenways system.

Council Member Brown asked why a video for Morehead Planetarium was recommended for funding, while the video proposal for the greenways system was not. Parks and Recreation Director Mike Loveman said that all twelve project applications had inidividual merit. Mr. Loveman said that applications had been screened using criteria adopted by the Council at the request of the Parks and Recreation Commission. Mr. Loveman said that the allocations attempted to achieve an overall balance between cultural events and visitor services.

Council Member Werner said he was disappointed in the total amount to be allocated. He said that the total of only $8,000 reinforced his earlier reluctance to approve $28,000 for the Orange County Visitor's Bureau program. Council Member Werner said he would vote against the resolution.

Council Member Andresen inquired whether the resolution included a provision for reserving $28,000 for the Orange County Visitor Bureau. Mr. Horton said this was implied rather than explicit. He added that it was possible to remove the implicit reference.

Council Member Wilkerson noted that advertisements for proposals had stated that only $8,000 was available for allocations. Council Member Andresen said he thought it would be a good year to have an additional $28,000 in reserve. Council Member Brown said this was a good idea due to the uncertainty of the State budget.

Council Member Wilkerson noted that if the item were referred back to the staff, it would have an adverse impact on funding for the Junior Olympics. Mayor Pro Tem Preston inquired about the status of the $28,000 allocation for the visitor's bureau. Mr. Horton said the Council had voted on the matter, but had made no firm commitment in terms of funding. Council Member Preston suggested that the Council adopt the resolution before them this evening and then discuss the $28,000 allocation in the future.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER WILKERSON, TO ALLOCATE $20,000 TO THE JUNIOR OLYMPICS.

Council Member Andresen inquired whether a friendly amendment to include $8,000 for other projects could be added to the motion. Council Member Werner said no.

THE MOTION WAS PLACED ON THE FLOOR AND ADOPTED UNANIMOUSLY (6-0).

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ENDORSE THE STAFF RECOMMENDATION.

Council Member Werner inquired how much the Town was obligated to allocate for visitor and cultural services. Mr. Horton said ten percent or $28,000.

THE MOTION WAS PLACED ON THE FLOOR AND FAILED TO PASS ON FIRST READING BY A VOTE OF 4-2, WITH COUNCIL MEMBERS WERNER AND WILKERSON VOTING NO.

Item 8 - North Forest Hills Park

Parks and Recreation Director Mike Loveman briefly reviewed the conceptual plan and the review process for the proposed facility.

Mr. Loveman said that there had been several major concerns raised at public meetings concerning the park proposal. Mr. Loveman stated that vegetative conditions would be preserved on the site.

He noted that the total estimated cost for the park facility would be $227,000, $144,000 of which had already been expended or encumbered. Mr. Loveman also said that the park would be on a seven day a week maintenance schedule.

Council Member Andresen inquired how much would be psent on the project over the next six months. Mr. Loveman stated that funding for the special use permit process was included in the $144,000 expended to date for the project. Council Member Andresen inquired what portion of funds was payment in lieu funds. Mr. Loveman said that all design money was payment in lieu funds.

Council Member Werner inquired about the scope of daily maintenance of the facility. Mr. Loveman responded that restrooms, picnic and other facilities would be cleaned and checked daily. Council Member Werner inquired about the estimated tap cost for the restroom facility. Mr. Loveman said this fee was undetermined.

Council Member Herzenberg inquired about the level of input from adjoining residents. Mr. Loveman said that a mailing list for surrounding property owners had been developed by the staff.

Council Member Brown inquired how many residents had been notified of the public meetings. Mr. Loveman said he did not recall the exact number of notifications. Council Member Andresen inquired whether updated plans had been made available to interested parties. Mr. Loveman said updated plans were provided at each meeting.

Pat Cummins, a resident of the North Forest Hills area, said she supported the proposed park. Ms. Cummins said the proposed facility would benefit she and her neighbors. Ms. Cummins added that many of her neighbors also supported the park.

__________ Stone, 117 Collums Road, said her home was one of the closest residences to the proposed park. Ms. Stone urged the Council to protect the neighborhood with the development of a passive park. Ms. Stone said her primary concern was the inclusion of a basketball court in the park. She stated that the park should be a plesant meeting place for neighborhood residents. Ms. Stone said that careful planning would needed for drainage systems associated with the basketball court.

Ray Trumpner said he had moved to the Town in 1984 for peace and tranquility. Mr. Trumpner stated that three basketball courts were located behind his former residence in New Jersey. Mr. Trumpner said he had no objections to a neighborhood park, but some of his neighbors had not been notified of the proposed facility. He also said that the inclusion of a fourteen car parking lot would expand the scale of the facility beyond a neighborhood park. Mr. Trumpner said an emphasis should be placed on creating a neighborhood park rather than a congregating place. Mr. Trumpner inquired about the number of outdoor basketball courts administered by the Town. Mr. Loveman said three. Mr. Trumpner expressed concern that the inclusion of a basketball court at the park might lead to the creation of a league at the proposed park. Mr. Trumpner asked the Council to delete the parking lot and basketball court from the facility plan.

William Beatty said portions of the memorandum to the Council were inaccurate. He noted that many of his neighbors who had not been notified of the proposal were concerned about the inclusion of parking and active facilities at the park. Mr. Beatty said the buffer at the basketball court would be ninety feet, rather than one hundred and fifty as stated in previous reports. Mr. Beatty said several neighbors thought the park would have a passive orientation, based on deed restrictions. Mr. Beatty requested that the park be reoriented to a passive neighborhood park orientation.

Sherry Anscher, Chairperson-elect of the Parks and Recreation Commission, said she had attended all of the public meetings on the proposed park. Ms. Anscher said that based on comments at the meetings, it appeared that residents wanted a more active park with a basketball facility and restrooms. Council Member Andresen inquired why parking was being recommended at the park. Ms. Anscher said this was necessary to assure enhanced vehicular safety along Collums Road. Council Member Andresen asked whether paths in the park would be paved. Mr. Loveman responded that only one path near the basketball court would be paved. Council Member Werner requested an overview of the review schedule. Mr. Loveman reviewed the proposed schedule.

Council Member Herzenberg said he generally supported the propsoed park plan. He urged the staff to extend the notification for this and other development proposals. Council Member Brown said she concurred with the need to notify interested parties. She requested that the staff provide additional information on notification processes. Council Member Andresen stressed the importance of public comment. She stated that active use of the park would have greater impacts on area residents. Council Member Andresen suggested that the Council might wish to modify the

schedule for the proposed park, as had been done for a recent service station proposal. Council Member Herzenberg noted that the public hearing for the service station had been the next to last step in the Council consideration process. He said that there were many more opportunities to modify the park application. Council Member Werner expressed his concurrence, noting that the Council's role was regulatory rather than design oriented. He added that the matter would be coming back to the Council in January, 1992.

Council Member Brown inquired how regulatory measures could address concerns of neighborhood residents. Council Member Werner responded that health, safety and welfare matters such as parking and noise could be addressed by Town regulations. Town Manager Horton said the staff would respond to any specific concerns outlined by the Council relative to the proposal.

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

Council Member Andresen said she had substantial concerns about plans for proposed parking at the park. Council Member Wilkerson noted that if the resolution were approved this evening, the Council was only authorizing the continuation of planning for the park. Council Member Andresen inquired whether funds for on-site amenities had been earmarked. Mr. Horton responded that payments in lieu were being used for these amenities. Council Member Brown inquired about possible modification of the proposed design. Mr. Horton responded that comments of the Council and members of the public would be taken into account in the project's design.

Council Member Brown said she was concerned about the expenditure of funds for the project and the proposed parking lot and basketball courts.

THE RESOLUTION WAS PLACED ON THE FLOOR AND ADOPTED UNANIMOUSLY

(6-0).

(Resolution 4)

Item 10 - Low-level Radioactive Waste

Council Member Brown said that the Orange County Greens had recently petitioned the Council concerning proposed Nuclear Regulatory Commission regulations. She said that several bills concerning low-level radioactive waste had been introduced in the United States Congress. Council Member Brown requested that the Council support the resolution before them this evening.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO ADOPT RESOLUTION 5.

Council Member Herzenberg inquired how much resolution would cost the Town. Council Member Brown responded that there would be no cost if the proposed ruling were nullified.

THE MOTION WAS ADOPTED UNANIMOUSLY (6-0).

Item 11 - Board and Commission Appointments

Results of board and commission appointments were as follows. Appointees are indicated in bold print. Original ballots are available for inspection in the Clerk's Office by appointment.

Housing Advisory Board (Five appointments)

Maxecine Mitchell 6 votes (Andresen, Brown, Herzenberg,

Preston, Werner, Wilkerson)

Adele Thomas 6 votes (Andresen, Brown, Herzenberg,

Preston, Werner, Wilkerson)

Priscilla Woolley 6 votes (Andresen, Brown, Herzenberg,

Preston, Werner, Wilkerson)

Callie Cuthbertson 5 votes (Andresen, Brown, Herzenberg,

Preston, Wilkerson)

Hal Cooper 4 votes (Andresen, Brown, Werner, Wilkerson)

Patricia Davies 3 votes (Herzenberg, Preston, Werner)

Second vote--Fifth appointee

Patricia Davies 4 votes (Andresen, Herzenberg, Preston, Werner)

Hal Cooper 2 votes (Brown, Wilkerson)

Fifth appointment carried over to July 8th meeting.

Human Services Advisory Board (One appointment)

Robert Huntley 5 votes (Andresen, Brown, Herzenberg,

Preston, Werner)

Betsy Jones 1 vote (Wilkerson)

Library Board of Trustees (One appointment)

Doris Wilson 6 votes (Andresen, Brown, Herzenberg,

Preston, Werner, Wilkerson)

Personnel Appeals Committee (One appointment)

Barbara DeLon 5 votes (Andresen, Brown, Herzenberg,

Preston, Wilkerson)

Hal Cooper 1 vote (Werner)

Item 12 - Consent Agenda

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER WERNERM TO ADOPT THE CONSENT AGENDA, EXCEPTING ITEM E. THE MOTION WAS ADOPTED UNANIMOUSLY (6-0).

(Insert Resolutions 6, 7,8, O-2, R-9, O-3, R-10, 11, 12)

Town Engineer George Small said there was a perceived problem concerning commuter parking on streets surrounding the University campus. Mr. Small said that the proposed restrictions on McCauley Street were intended to discourage commuter parking in the area.

Fraser Smith said that more vigorous enforcement and fewer appeals of violations was preferable to new parking restrictions. Mr.Smith suggested that 8:00 to 10:00 a.m. restrictions might be used instead of 8:00 to 12:00 noon. He also suggested that a guard rail could be installed on McCauley Street on the gravel portion of the roadway.

Jamie Grady said that North Carolina State University did not have as many parking restrictions as the University of North Carolina.

Mr. Grady said he had been harassed by Council Member Brown for parking in the McCauley and Vance Street area.

Karen Newcomb said she commuted to the campus every day, parking in the "P" commuter lot during semesters. Ms. Newcomb said it was advantageous to park on McCauley Street during the summmer session, when bus service was not as frequent. Ms. Newcomb suggested the introduction of marked parallel parking on McCauley Street so that cars would take up less space on the street. She also suggested angle parking on the gravel portion of McCauley Street.

Irene Weber expressed concern that public parking was steadily diminishing in the University campus area. She requested that no additional parking restrictions be implemented on McCauley Street.

Council Member Werner said he would vote against the parking restrictions, since the arguments made by students were much more convincing than the staff recommendation. Council Member Brown said she supported the proposed change in parking restrictions. Council Member Brown said she had never harassed students in the area. She said that the Cameron-McCauley neighborhood deserved protection. Council Member Brown urged the Council to support the proposed restrictions. Council Member Andresen said she was inclined to favor the restrictions. She inquired whether there had been any complaints about parking on the gravel portion of McCauley Street. Mr. Small stated that when cars were parked in this area, the street width was narrowed to approximately ten feet.

Council Member Andresen said she had received parking tickets on McCauley Street. She emphasized the need to protect fragile downtown neighborhoods. Council Member Andresen also emphasized the need to examine bus schedules for greater accessibility.

Mayor Pro Tem Preston inquired whether the staff had an opinion on the 8 to 10 a.m. parking restriction proposal. Mr. Small said this approach would not be as effective as the all morning restriction. He said the staff was trying to work out compromises which protected neighborhoods while accommodating commuter needs. Mayor Pro Tem Preston said that park and ride service to lots should be extended beyond 6:30 p.m. in the summer.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO REFER THE MATTER TO THE TRANSPORTATION BOARD.

Council Member Andresen suggested ticketing cars which encroached into marked driveway entrances. Council Member Wilkerson said the difficulty was a multi-faceted one which merited referral to the Transportation Board. Council Member Brown said that the Transportation Board could look at the Comprehensive Plan relative to neighborhood protection and traffic reduction. Council Member Herzenberg requested that students and interested parties be notified of when the Transportation Board would discuss parking on McCauley Street.

THE MOTION WAS PLACED ON THE FLOOR AND ADOPTED UNANIMOUSLY (6-0).

COUNCIL MEMBER HERZERNBERG MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO ADJOURN THE REGULAR MEETING AND MOVE INTO EXECUTIVE SESSION. THE MOTION WAS ADOPTED UNANIMOUSLY (6-0).

The meeting adjourned at 9:50 p.m.

No report followed the Executive Session.