MINUTES OF A MEETING OF THE MAYOR AND COUNCIL OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA, TUESDAY, JANUARY 14, 1992 AT 7:30

MINUTES OF A MEETING OF THE MAYOR AND COUNCIL OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA, TUESDAY, JANUARY 14, 1992 AT 7:30 P.M.

Mayor Kenneth S. Broun called the meeting to order. Council Members in attendance were Julie Andresen, Joyce Brown, Joe Capowski, Mark Chilton, Joe Herzenberg, Alan Rimer, Arthur S. Werner and Roosevelt Wilkerson, Jr. Also in attendance were Assistant to the Mayor Lisa Price, Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Planning Director Roger Waldon and Town Attorney Ralph Karpinos.

Mayor Broun noted that this evening's meeting was the Council's first regular business meeting of the new year. There were no ceremonies or hearings.

Item 3 Petitions

Gerald Groon congratulated Mayor Broun and the recently elected members of the Council. Mr. Groon said he was addressing the Council concerning an uncovered storm drain on his property. Mr. Groon said there was no visual or legal indication that the storm drain emptied into his lot. He said that fill dirt placed in the drain area had made the area totally impervious for at least sixteen years. Mr. Groon said the Town's Public Works Department had damaged the drain adjoining his property. Mr. Groon said he was willing to challenge the Public Works Department's actions in damaging the drain. He passed out photographs depicting the drainage situation next to his residence at 120 Glendale Drive.

Mr. Groon said work on the drainage ditch had materially and negatively affected the value and saleability of his lot.

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

Council Member Andresen said she was in favor of having the matter resolved. Council Member Capowski requested a report on why the work had taken place without notification of the property owner. Mr. Horton said he would provide such a report.

Jack Smyre, representing G-W-D, Inc. and Goforth Properties, said his letter of January 3rd had outlined his petition to the Council concerning the release of acreage in Ironwoods Subdivision from a special use permit. Mr. Smyre said a preliminary plat had been filed last week for fifty lots. He requested that the Council refer the matter to the Town Manager for a more formal report.

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

Martha Drake requested that the Council consider joining the Environmental Protection Agency's (EPA) Green Lights Program to encourage energy efficiency. Ms. Drake noted that a number of private concerns, five states and one city had signed up for the program. She stated that lighting constitutes 22.6% of electricity usage. Ms. Drake requested that her petition be referred to the Manager.

Dan Coleman requested that the Council consider establishing a task force of citizens to work with Town staff in developing programs to improve the Town's energy efficiency. Mr. Coleman said that once a study of the Town's energy efficiency was completed, it might be possible to examine ways to improve the community's energy efficiency.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO REFER THE MATTER TO THE MANAGER.

Council Member Andresen said the Green Lights program was a good one. She requested that the Manager evaluate the cost of implementing such a program for the Town. Council Member Capowski inquired which city had instituted the program. Council Member Rimer said Naperville, Illinois. He noted that Council Member Werner and himself were acquainted with individuals involved with the program in that community. Ms. Drake noted that the EPA would work with the Town to provide low-cost energy efficiency loans. Mayor Broun inquired whether the petition was to refer both matters. Council Member Brown said yes.

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

Mark Sontag, a resident of Chandler's Green subdivision and spokesperson for Chandler's Green and Chesley subdivision residents, requested that those in attendance supporting the petition stand. Mr. Sontag said that residents of the two subdivisions were concerned about traffic on Weaver Dairy Road and other roads in the area. He expressed concern that estimated traffic counts for the proposed Rocky Hill subdivision had been underestimated. Mr. Sontag said area residents requested that the traffic survey be reconsidered and preferably redone.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO REFER THE MATTER TO THE MANAGER.

Council Member Werner said that the Council had approved a master plan for the Rocky Hill development. He noted that special use permit would be required prior to development. Council Member Andresen inquired about the type of information the Council would receive if the matter were referred to the Manager. Mr. Horton said he would provide an assessment of information available in the Town's files and the information provided by Chandler's Green residents. Mr. Horton stated that he could provide a report on whether an extension should be granted for the master plan. Council Member Andresen noted that the master plan could be developed in phases if the Council gratned an extension. She added that in order to deny a special use permit, neighbors would need to prove that such standards were not met by the applicant.

Council Member Wilkerson noted that neighbors would have to prove that circumstances had changed in order for permits to be denied. Council Member Wilkerson said he was not sure that this was how matters should be handled. Council Member Wilkerson inquired whether neighbors would be required to provide a new traffic study. Mr. Horton said that if the data collection for the existing traffic study were faulty, this might be sufficient to deny the special use permit extension request. Council Member Wilkerson inquired whether the application would have to come back before the Council prior to any development. Mr. Horton said this was correct. Council Member Capowski requested the Attorney's comment on the Manager's discretionary authority. Mr. Karpinos said the Development Ordinance stated that the Manager may grants extensions, but was not required to do so. He stated that the Manager had some discretion in granting extension on factors such as public safety concerns.

THE MOTION ON THE FLOOR TO REFER WAS ADOPTED UNANIMOUSLY (9-0).

Martha Whittinghill, representing the Ruth Faison Shaw Memorial Committee, read a letter into the record requesting an extension to the time frame for moving Ms. Shaw's home from its present site. Council Member Herzenberg requested that the Manager report back on the matter at the January 27th Council meeting.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER WILKERSON, TO REFER THE MATTER TO THE MANAGER.

Council Member Andresen inquired about the date by which the house would have to be moved. Ms. Whittinghill said January 31st. Council Member Werner inquired whether there had been a change in plans. Mr. Horton stated that the Ruth Faison Shaw Committee had developed a number of options. Council Member Werner inquired whether the committee had decided to move the house. Ms. Whittinghill said yes.

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

Council Member Wilkerson said he was in receipt of correspondence from Mary Brooks, a resident of the Fearrington Drive area, concerning water service and fire protection. Council Member Wilkerson said he understood that the Manager had requested information from the Fire Chief outlining areas lacking fire hydrants in appropriate service areas. He requested that the Manager expedite production of the report on how to address these deficiencies. Council Member Wilkerson also requested information on how the time might better respond to petitions from residents in areas currently served by wells and septic tanks.

Council Member Brown requested a report on the percentage of post-consumer waste in the Town's recycled copier paper. She also requested information on the costs and usability of such paper. Council Member Wilkerson inquired what constituted post-consumer waste. Council Member Brown said post-consumer waste was paper recycled by consumers, rather than reprocessed paper from manufacturing and other plants.

Noting that Ms. Nancy Preston was unable to attend this evening's Council meeting, Mr. Horton requested that agenda item #10.1 be withdrawn from this evening's agenda.

Item 4 North Street Subdivision

Parties wishing to testify were sworn by the Town Clerk. Mr. Horton requested that documents pertaining to the agenda item be entered into the record of the hearing. Mayor Broun concurred with the request.

Mr. Waldon briefly reviewed the staff memorandum and development application. He briefly reviewed Resolution A, noting that one change had been made subsequent to the public hearing. Mr. Waldon said the staff's preliminary recommendation had been to prohibit access from an easement in the area. He noted that after re-examination, the staff believed that the easement could be used to provide access. Mr. Waldon said the easement issue was a matter between property owners. Council Member Andresen inquired about the location of the proposed T-turnaround. Mr. Waldon located the T-turnaround on an exhibit map of the subdivision. He noted that the standard depth for such a turnaround was sixty feet, although a fifty-five foot turnaround was recommended in the proposed conditions of approval.

Council Member Werner requested clarification of the easement situation. Mr. Waldon said use of the easement was a private matter between private property owners. He noted that if the subdivision were approved, the recommended resolution would remain silent on the matter of the easement. Council Member Werner said that the staff's recommendation did not concern itself with access from the proposed cul-de-sac or lot seven. Mr. Waldon noted that lot seven had frontage on a public street. Council Member Herzenberg said the Council appeared to be interested whether access to the subdivision would be permitted from Tenney Circle. Mr. Waldon stated that access to individual lots was an important consideration. He noted that policy was for access to be made from the street of lower classification. Mayor Broun said he presumed that the owner of lot seven also owned the strip of land adjoining Tenney Circle and access to North Boundary Street. Mr. Waldon said that denying access was couched in terms of different street classifications. He added that access could be forced on streets of lower classification. Mayor Broun requested the Attorney's interpretation concerning denial of access. Mr. Karpinos said he was not aware of any interpretation to deny access.

Council Member Capowski inquired how and when lot lines for the proposed subdivision would be determined. Mr. Waldon said that the applicant prepared a final plat consistent with the Council approved preliminary subdivision plan. He noted that the applicant proposed to combine four lots to two, resulting in a nine-lot, rather than eleven-lot subdivision. Council Member Capowski expressed concern that the subdivision would include eleven, rather than nine, lots. Mr. Horton said he would refuse to sign such a plat. Mr. Waldon noted that there was insufficient road frontage for four lots without use of flag lots.

Council Member Capowski inquired whether the proposed easement would provide access to only one lot. Mr. Waldon said this was correct. Mr. Horton noted that the easement situation might need to be adjudicated in a court of law. Council Member Capowski inquired whether the easement was bona-fide. Mr. Horton said the Town staff was unable to offer an interpretation on this matter. Council Member Andresen suggested that the Council receive comment from the public.

Gerry Barrett, the applicant, said he was a life-long area resident with deep roots in the community. Mr. Barrett said he felt a special responsibility in developing the lots to main the community's charm and tradition. Mr. Barrett stated that he had fought to preserve large oak trees on the Coker estate. He noted that eight or nine lots were proposed in the subject subdivision, with no flag lots. Mr. Barrett said he was wiling to accept a forty-five or fifty-five foot turning radius requirement for the proposed t-turnaround. He stated that requiring installation of a guard rail on a straight road would set a dangerous precedent. Mr. Barrett said that side slope and stormwater management issues could be worked out. He also noted that an alternate alignment could be used if cul-de-sac length were an issue. Mr. Barrett said he agreed with the staff that the easement matter was a private one. He stated that the easement was not needed for development of the proposed subdivision. Mr. Barrett said he had been unable to reach consensus in addressing concerns of adjoining property owners.

Mr. Barrett said a number of different development options had been considered for the subdivision in 1987. He noted that there was also a number of different plans for a public street. Mr. Barrett said the proposed phase four would follow the spirit of the first three phases of the subdivision. He also said that no significant trees would be removed that could not be replaced. Mr. Barrett said although the street design did not conform to design manual standards, it had been done in conjunction with the staff's recommendation and approval. He stated that the road could be built using the standards, if the Council chose to do so. Mr. Barrett introduced copies of the North Street Subdivision, Phase Three final plat and the proposed easement for the record.

Council Member Werner inquired whether Mr. Barrett was willing to surrender the easement as part of the subdivision's approval.

Mr. Barrett said he was willing to do so, if this were agreeable to all parties.

Historic District Commission Chairperson Mark Perry said the commission had heard comments from citizens about the proposed North Street Subdivision, Phase IV, at its January 9th meeting. Mr. Perry said the commission was requesting that the Council delay action on the proposal based on potential disruption to adjoining properties. He also noted that the Historic District Commission supported stipulation seven in resolution 1b, prohibiting access to Tenney Circle from a property easement. Mr. Perry said the commission was concerned about the character of the North Boundary Street neighborhood.

Mayor Broun inquired about the Historic District Commission's review of matters of this type. Mr. Karpinos said that since the subdivision application had been reviewed by the Design Review Board, review by the Historic District Commission had been bypassed. Mr. Waldon noted that it was not unusual for an application of this type to be reviewed by the Historic District Commission. Mayor Broun inquired whether it was within the purview of the Historic District Commission to review whether a proposed subdivision potentially impinged on surrounding structures. Mr. Waldon said yes. Council Member Herzenberg noted that although the Design Review Board was a useful expedient, it could also deny commissions the right to review projects of this type.

Council Member Capowski asked whether the Historic District Commission had to approve the subdivision and easement. Mr. Karpinos said the answer was no to both questions. He added that the commission could review proposed changes to walls or paving. Mr. Karpinos said that such construction would require a certificate of appropriateness from the Historic District Commission. Council Member Rimer noted that it would have been possible for the Design Review Board's Historic District Commission representative to request that the commission review the proposed subdivision.

Claire Baum, representing the East Franklin Street subdivision, requested that documents she presented be entered into the record of the hearing. She requested that those in opposition to the proposal to rise. Ms. Baum said that the speakers from the neighborhood would concentrates on materials not in the agenda packet. Ms. Baum said that the history of the project was well-documented.

Jean Wilkens expressed concern that the proposed development had reached this point without an overall plan. Ms. Wilkens said she was especially concerned about the proposed number of lots and roadway construction. She stated that the October, 1981 plan for Phase IV called for the development of three lots. Ms. Wilkens said this approval expired in 1986. She also said that the development's traffic impact report was based on the premise of three lots. Ms. Wilkens stated that there was comprehensive roadway plan for the proposed North Street subdivisions. She said that in 1987 the Council had agreed to permit steeper roads and a maximum of five lots in North Street subdivision, Phase IV. Ms. Wilkens said neighborhood residents urged the Council to carefully scrutinize the proposed development.

Virginia Young, President of the Chapel Hill Preservation Society, said the historic nature of the area would be lost unless preservation guidelines were outlined and followed. She urged the Council to place protective covenants on the Coker House and grounds. Ms. Young noted that the preservation society had loaned funds to effect the preservation of the Coker property, surveil area historic properties and protect historic districts. She requested that the Council not act against the historical significance of the Town. Ms. Young also requested that the Council not permit any easements through the property, nor more than five lots in the subdivision.

Claire Baum said an excessive number of lots were being requested. She added that the proposal was insensitive and not acceptable. Ms. Baum expressed concern that approval of the subdivision would detract from the community's charm. She also said that excessive development would destroy needed area woodlands. Ms. Baum said several of her neighbors had written to the Council, expressing their opposition to the proposal. She added that ninety-eight residents had signed a petition opposing access from Tenney Circle or development of more than five lots in Norht Street Subdivision, Phase IV.

Jean Wilkens showed slides of her home and the location of proposed automobile access to lot seven of the proposed subdivision. She noted that the access would wrap around her property very closely. Ms. Wilkens said the easement matter was a public, rather than private, matter. She added that private matters in historic districts tended to become public matters. Ms. Wilkens said the proposed automobile access to the subdivision would negatively impact area property values.

Woodrow Burns expressed concern that no appropriate vehicular or pedestrian access was proposed to two lots in the proposed subdivision. Noting his capacity as a member of the Town's Historic District Commission, Mr. Burns said the commission was charged with reviewing historical buildings and structures and any changes to them. He stated that if the proposed easement were used, there would be potential destruction to stone walls and pillars.

Mary Jane Burns, 609 North Street, said she was actively involved in preservation issues. Ms. Burns said she and her husband had purchased the remaining 2.79 acres of the Coker property. She said the property had irreplacable architectural and environmental importance. Ms. Burns stated that W.C. Coker, a noted botanist, founded the Botany Department at the University and developed the Coker Arboretum. Ms. Burns said there were many specimen trees on the Coker property and at the arboretum. She also said that preservation covenants on the property were a matter of public concern. Ms. Burns requested that the Council direct the Town's Urban Forestry Officer to review the significant trees on the Coker property. She also requested that the subdivision, if approved, be reviewed by the Historic District Commission, have no vehicular access from Tenney Circle, and contain no more than five lots.

Barbara Roth said many trees in the area were at least one hundred years old. She read a passage from a work by Henry VanDyke, noting that a gret many people were chopping down the natural growth of life, felling green trees to raise hills of potatoes.

Susan Grouthley said she owned a lot adjacent to the proposed new development. She urged the Council to approve no more than five lots or access easement to the subdivision through Tenney Circle.

Roland Giduz said he had resided at 325 Tenney Circle for more than fifty years. Mr. Giduz said he thoroughly enjoyed fields, hillsides and woods in the area. He expressed hope that future developments in the area would be made at the same high standard as existing residences. Mr. Giduz said he had received assurances that the proposed subdivision would not require access from Tenney Circle. Mr. Giduz said he opposed the development as currently proposed.

James Peacock said he had purchased two lots in the neighborhood in 1986 and converted them into one lot. Dr. Peacock said he and his wife were trying to preserve Dr. Coker's garden. Dr. Peacock also said he was trying to build a house on a footprint as small as possible.

David Swanson, a local landscape architect, said he was familiar with the Coker Estate. Mr. Swanson said he had worked with the Peacocks to preserve the Coker Gardens. He noted that there were several significant trees on the Coker estate and in adjoining right-of-way.

Syd Alexander, an attorney representing neighborhood residents, said his clients objected to the proposed development on several grounds, including the fact that the subdivision had been initially represented as one lot on five and a half acres. He noted that the development was currently proposed as nine lots. Mr. Alexander said the easement under discussion had been given by the University to the Little Creek Company. Noting that Mr. Barrett had a contract for sale of the property, he said that the realtor would market lots as Tenney Circle lots. Mr. Alexander said resolution of the easement matter was a public concern. He also said there was ample case law to not require alternate access to the subdivision. Mr. Alexander said it would be irresponsible not to consider the effect of the proposed easement.

Mr. Barrett said it was a late time to raise new issues such as review by the Historic District Commission. Mr. Barrett stated that he was not opposed to presenting his proposal to the commission. He also stated that the Town's Senior Transportation Planner was satisfied with the estimated impact of up to eleven lots. Mr. Barrett noted that he was opposed to a public road through access using Tenney Circle.

Lucy Davis said she had an agreement with Mr. Barrett to purchase lots in the proposed subdivision. Noting that the lots had greater value with the easement, Ms. Davis said she had no definite plans for the easement.

Council Member Wilkerson said a number of questions, many concerning the easement, had been raised by the evidence presented this evening. He suggested that matters such as Historic District Commission review of the project, slope and easement concerns be clarified by referring the matter to the Manager. Council Member Wilkerson said he was especially concerned about the proposed length of the cul-de-sac.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADJOURN THE HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY

(9-0).

Council Member Werner said he concurred with Council Member Wilkerson that the easement question was the most compelling conundrum in evaluating the proposed development. He noted that it was not the Council's place to make a legal ruling on this matter. Council Member Werner expressed hope that private parties could reach a resolution on the easement matter. He noted that the Council was clearly uncomfortable with access from Tenney Circle.

Council Member Wilkerson requested citation of additional case law on the matter of the easement.

Council Member Rimer said many of the issues raised in the hearing should have been taken up at the staff level. Council Member Andresen said many of the issues were complex. She noted that proposed streets in sthe subdivision were much narrower in the 1987 proposal. Council Member Andresen said although the revised proposal was much more attractive and would cause less environmental damage than the original proposal, she realized that the neighbors had coped with a constantly evolving situation. She

requested that the staff develop an alternative plan respecting terrain in the area.

Council Member Herzenberg requested that the Manager instruct the Historic District Commission about its authority to review applications of this type. He also requested that the Urban Forestry Officer undertake a limited review of the proposal. Council Member Brown noted that her concerns had been raised by fellow Council members. Council Member Capowski noted that the Council could act on the matter this evening. He requested a map outlining the boundaries of the Coker estate. Mayor Broun inquired about the scope of ownership rights relative to the easement.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER WILKERSON, TO REFER COMMENTS TO THE MANAGER. THE MOTION WAS ADOPTED BY A VOTE OF 8-1, WITH COUNCIL MEMBER CAPOWSKI VOTING NO.

Item 5 Top of the Hill Special Use Permit

Parties wishing to testify were sworn by the Clerk. Mr. Horton requested the introduction of materials into the record of the hearing. Mr. Waldon reviewed three minor changes in the Manager's recommendation concerning traffic management, refuse collection and completion of public improvements relative to the certificate of occupancy. He said the proposed changes strengthened the proposed conditions of approval.

Council Member Andresen inquired whether the developer would be required to provide brick paving if it were specified in the conditions of approval. Mr. Waldon said yes. Council Member Andresen inquired whether there was flexibility in the conditions of approval. Mr. Horton said yes, noting that these could be exercised as an advantage. Council Member Andresen inquired whether it would be possible to include a provision concerning newspaper racks. Council Member Werner inquired about quantifiable benchmarks for the transportation management plan. Mr. Waldon said that estimates were based on types of use and square footage for each. Council Member Capowski whether granting a parking waiver for the project would cause future problems. Mr. Waldon said this was not a problem since the site was absolutely unique. Mr. Karpinos concurred that the project involved some very special factors.

Council Member Capowski inquired how drainage of an awning on the building would occur. Mark Zack, the applicant's representative,

noted that newspaper racks could be worked into the streetscape plan. Council Member Andresen asked whether there were any legal impediments to adding a provision concerning newspaper racks. Mr. Karpinos said there were not. Mr. Zack said his previous statement was predicated on the racks being located on public property. Mr. Karpinos said it would not be possible to require distributors to use the racks. He added that the racks could not obstruct pedestrian or vehicular traffic. Mr. Horton said it was worth the effort to develop an agreeable design for the racks. He added that the Attorney would draft a condition concerning the newspaper racks. Mr. Zack noted that the canopy awning sloped slightly to the rear to permit drainage through an internal downspout. Council Member Andresen commended the project architect for a job

well-done.

Jack Tomkovich, owner of a small business on Franklin Street, said he had seen many changes in the downtown area during the past seven and a half years. Mr. Tomkovich said he welcomed the proposed addition of the project. Noting that some long-established businesses had closed on Franklin Street, there were also positive events such as construction of the East Rosemary Street Parking Facility. He urged the Council to approve the Top of the Hill proposal.

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

(9-0).

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

Council Member Brown said the staff had done a good job in outlining the transportation management plan for the project. At the Council's request, Mr. Karpinos suggested language for a condition of approval concerning the provision of newspaper racks.

The mover and seconder agreed to inclusion of the additional condition. Council Member Chilton noted that he would miss visiting the current Top of the Hill establishment. Mayor Broun said the proposal was a terrific one, which might serve as an anchoar to a revitalized downtown area.

THE MOTION, RESOLUTION 2A AS AMENDED, WAS PLACED ON THE FLOOR AND ADOPTED UNANIMOUSLY (9-0).

Item 6 Building Height Limit DOTA

Mr. Waldon said the proposed amendment had been suggested by a property owner in the Eastowne area. He reviewed the amendment, noting that if adopted, it would permit greater flexibility of commercial buildings on lots. Council Member Andresen inquired about the location of buildings and parking at the Chapel Hill North project. Mr. Waldon said existing regulations almost required locating parking spaces between buildings and surrounding roadways. He said the proposed amendment would hopefully encourage parking behind, instead of in front of, buildings. Council Member Andresen inquired about the number of storeys in a ninety-foot tall building. Mr. Waldon said about eight. Council Member Werner noted that he and Council Member Andresen had discussed the matter of building height limits on several occasions. He expressed his preference to build taller buildings instead of creating additional paving and runoff.

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

Mayor Broun said the proposed amendment would give the Council greater flexibility when considered mixed-use developments.

THE MOTION, ORDINANCE 1, WAS PLACED ON THE FLOOR AND ADOPTED BY A VOTE OF 8-1, WITH COUNCIL MEMBER ANDRESEN VOTING NO.

Item 7 Annexation Service Plans

Mr. Horton noted that Mr. Karpinos had advised that the three proposed service plans would need to be considered separately. He briefly reviewed the location and boundaries of the proposed service areas. Mr. Horton said the descriptions had been prepared in accordance with State annexation laws. He stated that anticipated revenues would be offset by expenses. Mr. Horton said hearings on the proposed annexation service areas would occur in February, with possible ordinance consideration occurring in March.

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO ADOPT RESOLUTION 3A. THE MOTION WAS ADOPTED UNANIMOUSLY

(9-0).

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADOPT RESOLUTION 3B. THE MOTION WAS ADOTPED UNANIMOUSLY

(9-0).

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER WILKERSON, TO ADOPT RESOLUTION 3C.

Council Member Capowski inquired about the proximity of the proposed Rocky Hill development to annexation area 3. Mr. Waldon depicted the area.

THE MOTION, RESOLUTION 3C, WAS PLACED ON THE FLOOR AND ADOPTED UNANIMOUSLY (9-0).

Item 8 Task Force on Reducing Crime and Illegal Drug Abuse

Mr. Horton noted that the task force had solicited ideas from community residents concerning a broad range of matters. He said that forty-nine problem-solving recommendations were similarly wide-ranging. Mr. Horton said the formation of nine problem-solving was proposed. He also recommended that a volunteer coordinator wori with a leadership group to provide necessary support and materials. Mr. Horton said the staff looked forward to working with community representatives on implementing the task force's recommendations.

Council Member Andresen thanked the Manager and staff for developing a creative and imaginative approach. She noted that it was appropriate for the Council to take the lead in addressing the community's concerns on this matter. Council Member Andresen noted the importance of including a sufficient number of at-large members on the committees. She also noted the importance of including police staff and officials on the committees.

Steve Wallace, a concerned citizen and parent, said he applauded the depth of the task force's initial work. He noted that the task at hand was tremendous due to the scope of crime and drug problems.

Mr. Wallace expressing his willingness to serve on the leadership and monitoring committee of the task force. Mr. Wallace also suggested a membership structure for the leadership committee.

Mayor Broun suggested that Mr. Wallace submit his suggestions in writing to the Council. Council Member Andresen noted that there was a good deal of flexibility in how the committees would be comprised. Mr. Horton concurred, noting that the specific charges of the leadership committee had not been determined. Mr. Wallace noted that the committee would be well-served by the services of a medical doctor from UNC hospitals.

Council Member Werner noted that the Council's action on this matter was potentially the most important item on this evening's agenda. He commended the Manager and staff for their recommendations.

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

Council Member Wilkerson said he echoed the sentiments of Council Members Werner and Andresen. He noted the importance of having a cross-section of the community serving on the task force. Council Member Wilkerson also said great sensitivity would be taken to include a cross-section of the community on the leadership and other committees. Council Member Brown commended the staff's good work on the matter. Mayor Broun noted that the breadth of response to the task force's efforts to date was most impressive. He noted that it was the Manager's intent to fine-tune the membership of the task force's committees. Council Member Rimer suggested that the task force's good work should not go unrecognized outside the community. He suggested that an article could be written to share with other communities.

THE MOTION, RESOLUTION 5, WAS PLACED ON THE FLOOR AND ADOPTED UNANIMOUSLY (9-0).

Item 9 Hotel-Motel Tax Allocation

Mr. Horton reported that $42,000 of hotel-motel allocation contracts had been executed to date during the current fiscal year. Mr. Horton said he was recommending that the Council adopt Resolution 6a, keeping $14,000 in the General Fund, due to continuing economic difficulties. He said the staff had evaluated proposals for the remaining funds and would be glad to make a presentation on the proposals. Council Member Andresen noted that although there were some good program proposals, there were equally difficult economic circumstances at present.

COUNCIL MEMBER WILKERSON MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 6B.

Council Member Brown said she would normally support allocating of the funds to programs, but felt that the bad economic circumstances warranted maintenance of the funds in the Town's operating budget. Council Member Chilton noted that in the past the Council had committed to allocation of hotel-motel taxes for specific types of activities. Mr. Horton noted that State law required expenditure of ten percent (approximately $28,000) of hotel-motel revenues be allocated and expended for these types of programs.

Council Member Wilkerson said not allocating the funds would be a disservice to organizations seeking assistance from the Town. Council Member Wilkerson said he favored adoption of resolution 6b. Noting that the Town had advertised a commitment to make the funds available, Council Member Werner said he would vote for resolution 6b. Council Member Brown inquired whether the Town had advertised a commitment to make the funds available. Mr. Horton said he did not believe so.

Mayor Broun said the Council faced a difficult task since all the proposed projects were very worthwhile. Mayor Broun said he would vote for resolution 6a, to maintain funds in the General Fund. A gentleman in the audience said a letter to community organizations had made a commitment to allocate the additional $14,000 of hotel-motel tax funds. Council Member Capowski said he would be voting against the allocation of additional funds.

RESOLUTION 6B WAS PLACED ON THE FLOOR AND ADOPTED BY A VOTE OF

6-3, WITH COUNCIL MEMBERS BROWN AND CAPOWSKI AND MAYOR BROUN VOTING NO.

Item 10 Bicentennial Committee

Betty Caldwell said tHe committee had met several times to develop plans and activities for the bicentennial celebration. She said three activities, as follows, were currently planned: a dramatic performance at Chapel Hill High School, an evening in old Chapel Hill and installation of bicentennial markers at entranceways to the Town. Ms. Caldwell noted that specific locations were being suggested for location of the markers. She added that the committee was recommending the adoption of resolution 7.

Council Member Herzenberg said he was delighted by the committee's report. He suggested that a marker be sited at the intersection of Merritt Mill Road and West Franklin Street. Ms. Caldwell said the committee was unsure of where the marker could be located. Council Member Herzenberg noted that a marker had formerly been located in this location. Council Member Wilkerson suggested working with area property owners in this matter. Council Member Brown inquired how the proposed markers would be funded. Ms. Caldwell said the committee would likely seek the Town's financial assistance in the future. Council Member Brown inquired about the cost of the markers. Ms. Caldwell said this had not been explored, since the type of materials to be used had not been determined. Council Member Brown suggested that the committee explore private funding sources for the markers. Ms. Caldwell said the committee would do so. Council Member Andresen suggested that boards and commissions such as the Appearance Commission and Design Review Board could provide assistance in reviewing the types of markers to be installed. Council Member Andresen said she did not feel comfortable obligating funds for the project.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 7. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 11 Conflict Management Workshop

Council Member Andresen noted that the concept of holding a conflict management workshop had evolved from discussions about watersheds in the area. She noted that use of good conflict management skills could contribute to better decision-making. Council Member Andresen noted that a nominal amount of financial support was being requested from the Town. She added that the workshop was scheduled to be held on March 21st at the Town Hall.

Council Member Andresen stated that approximately twenty area elected officials had expressed interest in attending the workshop. Council Member Andresen said she anticipated that all attendees would enjoy a good learning experience. Council Member Brown inquired why Orange County and the Town were being the same amount for the workshop. Council Member Andresen said the budgets for the two were similar when school and social service programs were deducted from the County's budget. Council Member Werner inquired whether school or OWASA Board members had been invited to attend. Council Member Andresen said invitations would be extended if space permitted.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 8. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 12 Solar Energy Workshop

Council Member Brown said her proposal and request were straighforward. She noted that the North Carolina Solar Association would do most of the work to prepare for the workshop. She added that only a small expense was involved. Council Member Andresen inquired whether a date had been determined for the workshop. Council Member Brown said no date had been established.

Mr. Waldon said the workshop would likely take place during the middle of February.

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

Item 13 Board and Commission Schedule

Mr. Horton said he was proposing that the Council make appointments for expiring board and commission terms at the Council's four regular meetings in May and June. Council Member Capowski suggested that the Council make appointments at an earlier time during the agenda. Council Member Herzenberg expressed concern that some board and commission members had low attendance records. He stated that the Council should be informed of such difficulties by individual boards and commissions.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 10. THE MOTION WAS ADOPTED UNANIMOUSLY

(9-0).

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO NOMINATE ALL APPLICANTS FOR THE CABLE TELEVISION ADVISORY COMMITTEE, INCLUDING THOSE APPLICATIONS AT THE COUNCIL'S TABLE THIS EVENING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Mayor Broun said he had several conversations with individual Council Members concerning appointments to the Orange Water and Sewer Authority. He suggested that the Council establish a screening committee composed of two to three members to screen applications. Council Member Herzenberg suggested that the Mayor appoint such a screening committee. Council Member Capowski emphasized the importance of appointments to all the Council's boards and commissions. Mayor Broun requested that individual Council Members contact him concerning membership on the screening committee. Council Member Werner noted that the Council had a history of vigorously recruiting and examining OWASA Board members.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO NOMINATE ALL OWASA BOARD APPLICANTS.

Council Member Capowski inquired whether the screening committee would review the applicants. Mayor Broun said the committee would review the applicants and make appointment recommendations to the Council. Mr. Karpinos inquired whether a Mayor's or Council's committee was being created. Mayor Broun said he would appoint a separate screening committee for consideration of OWASA Board applicants.

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

Item 14 Consent Agenda

Council Member Andresen requested the removal of item 14i from the consent agenda.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT THE CONSENT AGENDA AS PRESENTED, EXCEPTING ITEM I. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Council Member Andresen said she had spoken to a number of East Franklin Street residents and Engineering Director George Small about the difficulty of pedestrian crossings in the area. She suggested that the staff study reducing the speed limit in the area to twenty-five miles per hour. Council Member Andresen also noted that it was difficult to cross Franklin Street at its intersections with Estes Drive and Elliott Road. She also requested that the staff investigate additional lighting of East Franklin Street in the Stroud Hill area. Mayor Broun inquired whether the agenda item was a report only. Mr. Horton said this was correct. Council Member Chilton noted that additional bicycles would be entering East Franklin Street in the future. Mayor Broun inquired whether

Council Member Andresen was requesting a follow-up report from the staff. Council Member Andresen said yes.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO RECEIVE THE REPORT. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG TO ADJOURN THE REGULAR MEETING AND MOVE INTO EXEECUTIVE SESSION TO DISCUSS LITIGATION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

The regular meeting ended at 11:34 p.m. No report followed the Executive Session.