MINUTES OF A PUBLIC HEARING HELD BY THE MAYOR AND COUNCIL OF THE

TOWN OF CHAPEL HILL, TUESDAY, JANUARY 21, 1992 AT 7:30 P.M.

Mayor Pro Tem Joe Herzenberg called the hearing to order, noting that Mayor Broun was attending a hearing in Durham and would arrive later in the evening. Mayor Pro Tem Herzenberg requested that persons wishing to testify in matters this evening be sworn by the Clerk. He also requested that speakers limit their remarks to three minutes or less. Mayor Pro Tem Herzenberg also noted that Council Member Werner was out of town and unable to attend this evening's hearing. Council Members in attendance were Julie Andresen, Joyce Brown, Joe Capowski, Mark Chilton, Alan Rimer 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, Inspections Director John Davis, Planning Director Roger Waldon and Town Attorney Ralph Karpinos.

Item 1 Proposed Southern Small Area Plan

Persons wishing to testify in the matter were sworn by the Town Clerk. Mr. Horton requested that materials pertaining to the item be entered into the record of the hearing. Mayor Pro Tem Herzenberg concurred with the request.

Long-Range Planning Coordinator Chris Berndt briefly reviewed the materials before the Council related to the small area plan proposal. Ms. Berndt said the proposed southern area plan, if approved, would be added to the Town's Comprehensive Plan. She noted that the proposed plan had been drafted by the Small Area Plan Working Group, composed of the Planning Board and five other local citizens. Ms. Berndt pointed out the Town's urban services boundary planning and zoning jurisdiction line on an exhibit map.

Bruce Guild, Chairperson of the Small Area Plan Working Group provided an overview of the proposed small area plan for the southern area. Mr. Guild said the working group considered the plan to be a future vision of the Town's southern area. He noted that some elements of the proposed plan might not evolve for fifteen or twenty years. Mr. Guild said some of the plan's objectives were to preserve the area's environment, natural beauty, water quality and existing neighborhoods. He noted that low-density residential uses were being recommended in the area, with no new commercial development other than in the "village" areas. Mr. Guild said the plan also recommended protection of steep slopes and farm land. He also said the plan de-emphasized the use of automobiles and did not recommend the extension of water and sewer services to the area. Mr. Guild noted that the southern area would have an estimated population of 5,000 persons at buildout. He stated that a variety of types of housing would be located around a core commercial and office center in the proposed village. Mr. Guild requested that members of the working group in attendance to stand.

Bill Rohe, a member of the small area plan working group, said he wished to present a minority report to the Council. Dr. Rohe said that group members Pearson Stewart and Marianna Chambless concurred with his observations. He suggested that the plan needed to include better provisions for affordable housing, such as greater densities. Dr. Rohe said he did not think one unit per five acres was feasible in this area. He suggested that higher density development be encouraged and permitted outside the proposed village area. Dr. Rohe suggested that the plan be referred to the Planning Board to reconsider densities and how affordable housing opportunities could be incorporated.

Mr. Guild noted that the Planning Board had hoped that the Southern Area Small Area Plan would be adopted by the Council.

Dr. Vincent Kopp, Chairperson of the Human Services Advisory Board, noted the importance of planning for human services. Dr. Kopp said that human services topics of concern included transit, affordable housing, transitional housing and accessibility for disabled persons. He stated the Human Services Advisory Board hoped that truly affordable housing would be considered as part of the southern area plan, including deeding of land to Habitat for Humanity. Dr. Kopp noted that the Board also suggested that the plan be developed with day care and dependent care services in mind. Dr. Kopp said that the Human Services Advisory Board was ready to determine human service impacts of future developments.

Town Manager Horton said his preliminary recommendation was for the Council to adopt the proposed Southern Small Area Plan as a component of the Town's Comprehensive Plan.

Dan Ferguson, representing the Parker Road Neighborhood Association, said he strongly supported the proposed plan with the exception of the elimination of a portion of Bayberry Drive. A copy of Mr. Ferguson's remarks are on file in the Town Clerk's Office. Council Member Andresen requested that Mr. Ferguson point out the location of Bayberry Drive on an exhibit map. Mr. Ferguson did so, noting that he encouraged the Council to adopt the proposed plan with the preservation of the section of Bayberry Drive.

Dan Jewell, representing the Design Council of Chapel Hill-Carrboro, proposed that the plan as proposed be sent back for further revisions. Mr. Jewell said the association's primary concerns included the proposed reduction in gross density from 4,800 units at present to 2,500 under the proposed plan, a reduction of approximately fifty percent. He inquired how development rights would be transferred. Mr. Jewell suggested that planning should take place on a Town-wide basis, rather than by small areas. Noting the importance of environmental sensitivity, Mr. Jewell said these demands needed to be balanced with potential growth lost in areas of the rural buffer and watersheds. Mr. Jewell said Randall Arendt's approach of studying individual parcels to set aside land for preservation might merit consideration. Mr. Jewell suggested that the plan be referred for additional study.

Scott Radway thanked the members of the Small Area Plan Working Group and Town staff for development of the proposed plan. Mr. Radway said he supported the plan in general, particularly the relationship between land use, natural features and transportation systems. He expressed concern about the lack of bicycle and pedestrian interaction planning for the village area. Mr. Radway suggested that proposed densities for the area not be reduced too much, making the proposal economically infeasible.

Robin McWilliam, a resident of Carlton Drive, expressed concern about the proposal to connect Carlton Drive to the proposed village. He introduced a letter into the record of the hearing signed by 78% of resident of Carlton Acres opposing the upgrade of Carlton Drive to a connector street. Mr. McWilliam said that area residents had been informed in December, 1990 that there were no plans to extend Carlton Drive. He stated that until the extension issue was resolved, it would be difficult for Carlton Drive residents to focus on the proposed larger area plan. Mr. McWilliam urged the Council not to extend Carlton Drive.

Michael Mill, President of the Woods at Laurel Hill Homeowners Association, said he was alarmed that a portion of Bayberry Drive was recommended for removal. He urged the Council to maintain Bayberry Drive as it currently exists.

Alan Bierman said he concurred with Mr. Ferguson's remarks.

Joe Webster said he strongly opposed the extension of Carlton Drive. Mr. Webster said he purchased his home in 1990. Mr. Webster said the value of his home would be greatly diminished if Carlton Drive were converted to a thoroughfare. He expressed concern that no residents of Carlton Drive had been involved in the decision to extend the road.

Trip Fried-Overholt noted the need for affordable housing in all areas of the Town. He said it was possible for affordable housing to be constructed while maintaining natural beauty and character. Mr. Fried-Overholt said while he supported the proposed plan, he was concerned that there might not be sufficient legal precedent to implement it. He suggested that the plan be further developed to withstand future legal challenges.

Margaret Brown, a member of the small area planning group, said she lived in the southern part of the Town. Ms. Brown said she did not want to see the area changed into an area of urban sprawl with strip shopping areas. Ms. Brown said she was optimistic about the future of the area. Ms. Brown stated that implementation of the plan had not been discussed in-depth by the planning group. She also noted that Randall Arendt's concept of open space development was not incorporated as part of the plan's development strategies. Ms. Brown suggested that the group be reconvened to work on these strategies, with a focus on rural character, open space, and bicycle and pedestrian access. Ms. Brown said she thought the proposed realignment of Dogwood Acres Drive could be destructive to the area.

Peter Todd said he supported the proposed village concept. Mr. Todd said adjustments needed to be made to reduce the number of roads in the area, especially between Smith Level Road and

U.S. 15-501. Mr. Todd said he felt that the plan lacked focus in preserving open space and rural character. He urged the Council to send the proposed plan back to the small area planning group for additional refinements.

Rona Fried-Overholt suggested that the plan be returned to the group for elaboration. She said that some of Randall Arendt's concepts could be incorporated into the southern small area plan. Ms. Fried-Overholt said developers would be likely to have problems with the proposed density of one unit per five acres. She said area residents wanted to live in a rural or semi-rural area. Ms. Fried-Overholt said she was concerned about a proposed roadway into the Mason Farm preservation area. She urged the Council to maintain the area's rural character.

Livy Ludington said the proposed southern small area plan was an example of an excellent democratic process. She noted that a presentation by Randall Arendt would be cablecasted on January 29th at 7:00 p.m. Ms. Ludington said copies of a video of Anders Duaney's recent presentation were available.

Mike Vaught said he had attended the last public meeting on the proposed plan on October 15th. Mr. Vaught said he was disappointed that materials from this meeting were not included in small area plan draft. Mr. Vaught requested that Carlton Drive not be extended due to its narrowness and connection to Smith Level Road. He said the intersection of Smith Level Road and Northside Drive was quite dangerous. Mr. Vaught said additional bicycle paths were needed in the area. He also stated that U.S. 15-501 needed to be widened and a traffic study completed prior to implementation of the plan.

Gywnn Barnhart expressed appreciation to all involved in drafting the plan. Ms. Barnhart said she wanted the area to remain semi-rural.

Jack Smyre said the plan as a whole reflected some very good work. He requested that the envisioned density for his client's tract be reconsidered. Mr. Smyre stated that water and sewer service would inevitably be provided to the area, most likely through a major trunk line along Wilson Creek. He said it was beyond the means of an individual property owner to provide water and sewer service to the area. Mr. Smyre said his client's tract zoned R-1, with eight to fourteen units per acre being permitted on the front of the tract. He requested that the density for his client's tract be designated as two units per acre, with conditional rezoning to be considered in the future.

Bruce Long, a life-long resident of the area, said he opposed the proposal. Mr. Long said it was not right for the Council to say what one could or could not do with their land. He expressed concern that no life-long area residents had served on the planning group. Mr. Long said approval of the plan would take away his rights as an Orange County resident.

Gordon Mitchell, 504 Dogwood Drive, suggested the need for the provision of affordable housing, particularly in the southern small area. A copy of Mr. Mitchell's remarks are on file in the Town Clerk's Office.

Joe Hakan expressed concern that the proposed plan would send out a signal that the area was for rich, affluent people. Mr. Hakan said that every subdivision in the Town had been in a rural area at one time.

John Kent, a resident of the Old Lystra Road area and Chair of the New Hope Audubon Conservation Committee, commended the small area planning group for removal of Laurel Hill Parkway from the plan. He noted that attention needed to be devoted to bridges in the southern area of the Town.

Jay Zaragosa said he resided on a 3/4 acre lot at 1432 Pointset Drive. Mr. Zaragosa said the proposal for five-acre zoning sent a basic message that property owners would not be able to develop their land. Mr. Zaragosa said 3/4 to one acre lot sizes were more realistic. He inquired why there were no plans depicted for two tracts in the area.

Council Member Andresen inquired how much of the village area was envisioned for commercial use. Mr. Horton said a relatively small percentage was proposed. Council Member Andresen asked how many residents would ultimately live in the area. Mr. Guild said no specific figure had been determined. He noted that emphasis would be placed on a walking scale and somewhat higher density. Mr. Guild said it was hoped that office and commercial employees would reside in the same area where they worked.

Council Member Andresen noted that Orange County Commissioner Alice Gordon had sent a letter to the Council noting that the State Department of Transportation might not accept the Council's wishes concerning the deletion of Laurel Hill Parkway from the Thoroughfare Plan. Council Member Andresen said that if Laurel Hill Parkway were not built, it would be wise to assess sustainable development in the area. She expressed concern that the current implementation element of the plan was weak. Council Member Andresen also said there was nothing to show how area open space would be preserved.

Council Member Rimer commended the democratic process and excellent work related to the southern small area plan. Council Member Rimer inquired whether the estimated 8,200 population took into account a zoning overlay for steeply-sloped areas. Ms. Berndt said this was generally correct. She noted that the staff had calculated the number of acres in various existing zoning categories. Council Member Rimer stated that the area had some severe limitations relative to steep slopes. He noted that the Council was not taking away development rights since steep slopes precluded development in some areas.

Council Member Brown said a lot more detail was needed. She added that a lot of questions had been raised this evening. Council Member Brown suggested that the plan be referred back to the staff and working group to examine the plan in greater detail. She noted that need to preserve open space and farm land. Council Member Brown also said that proposed area roadway between Smith Level Road and U.S. 15-501 was a significant segment of the Laurel Hill Parkway and could lead to the parkway being built in increments.

Council Member Capowski said pressure on the area would grow as UNC Hospitals grew. He stated that the Council had the opportunity to take actions to address future potential problems in the southern area. Council Member Capowski inquired what percentage of people living in the area would work at the University or Hospital and what percentage would commute to the Research Triangle Park. Ms. Berndt said efforts would be made to encourage university and hospital staff persons to live in the area. Council Member Capowski said he was concerned about the implementation of specifics of the plan.

Council Member Wilkerson suggested that the matter be referred back to the planning group to address matters such housing affordability, economic development, inclusionary zoning and coordination with the Town of Carrboro. He said implementation of the plan might result in creating a rural buffer within the rural buffer. He said this matter needed to be addressed. Noting the important role of commercial development, Council Member Wilkerson said the Town could no longer afford to place the burden of high taxation on homeowners.

Council Member Rimer requested that the staff determine population estimates taking into account area wetlands and slopes. Council Member Andresen noted the need to provide focus for the small area planning group. Mr. Horton said the staff could try to consolidate the comments of the Council and citizens from this evening, to identify areas for follow-up. He said this could be done by late February.

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

Council Member Brown inquired whether the small area planning group would be involved in the follow-up process. Council Member Rimer said yes. Council Member Andresen inquired when the item would return on the Council's agenda. Mr. Horton said the item would come back some time in February. Council Member Andresen said the Human Services Advisory Board had some thoughtful suggestions for implementation Town-wide, rather than just in the southern area. Council Member Wilkerson said the Human Services Advisory Board was doing a good job of sensitizing area residents to issues that impact other aspects of community life.

THE MOTION WAS PLACED ON THE FLOOR AND ADOPTED UNANIMOUSLY (8-0).

Item 2 Downtown Parking Requirements

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

Planning Director Roger Waldon said the Council had called a public hearing on this matter at its August 26th meeting. Mr. Waldon said the proposal before the Council would result in significant changes to existing parking regulations concerning minimum requirements for different types of uses. He stated that parking requirements in the Town Center are could be met in several different ways including payments-in-lieu or a transportation management plan as a means to encourage alternative means of transportation. Mr. Waldon said the proposed new requirements would provide increased flexibility in discouraging automobile trips.

Planning Board Chairperson Pat Evans said the Board had recommended approval of the proposed development ordinance text amendment by a vote of 5-3. She noted that dissenters had been uncertain about what the transportation management plan would entail and what its effects would be. Ms. Evans noted that the Board recommended that the payment-in-lieu fee be reduced from $7,500 per space to $2,500 per space.

Mr. Horton said his preliminary recommendation was for the Council to adopt the proposed development ordinance text amendment.

Antoine Puech said the proposed suggestions were very good and positive. Mr. Puech said he encouraged the Council to adopt the proposed amendment.

Ted Blostein said he served on a parking authority board in New Jersey. Mr. Blostein said he did not understand what a transportation management plan was and how it would be enforced. He stated that parking problems in the downtown area needed to be addressed upfront. Mr. Blostein said the construction of the Rosemary Street Parking Facility and payment-in-lieu fees for parking spaces were a step in the right direction. He stated that the $7,500 per space payment-in-lieu fee was exorbitant. Mr. Blostein said the Town should encourage carpooling, bicycles and other means of alternative transportation.

Joe Hakan noted that it was important for the Town to keep its municipal parking lots full. He suggested that lessees be required to provide parking for their individual establishments. Mr. Hakan said the Manager's proposal would be beneficial for the downtown area.

Scott Radway said he wholeheartedly supported the proposal for revised downtown parking regulations. Mr. Radway suggested that private parking could gradually be removed in the downtown area.

Ken Jackson said he supported the removal of the fee structure for parking. He noted that three businesses in the 100 Block of East Franklin Street wished to expand, but were very limited in how far they could currently expand. He said that all of Franklin Street would benefit from these expansions. Mr. Jackson said that high parking fees were a deterrent to remodeling of businesses.

Mickey Ewell said he concurred with Mr. Jackson's remarks. Mr. Ewell said the proposed parking regulations would encourage development downtown, as would the new Rosemary Street Parking Facility. Mr. Ewell expressed appreciation for the addition of lighting in the Town's number three parking lot on West Franklin Street.

Council Member Andresen said parking regulations appeared to be going in the right direction, but perhaps going too far. She said the concept of a traffic management plan was a great idea. Council Member Andresen requested additional detail about implementation of such a plan. Council Member Andresen said a parking deck might also be needed on the parking lot number five site sometime in the future.

Council Member Brown requested additional information on the Planning Board's recommendation on implementation of the traffic management plan. She noted that the Town's Comprehensive Plan discouraged the construction of additional parking spaces and facilities in the downtown area.

Council Member Chilton suggested that the cost burden for building more parking facilities should be placed on those parking in the area. He said that persons using alternative transportation should be rewarded. Council Member Chilton noted that additional money would be needed for mass transit, due to shifting federal budget priorities.

Council Member Rimer inquired whether it would be possible to put together a model of how a business might develop a transportation management plan. Mr. Horton responded that the staff could put together an outline of such a draft plan. Council Member Rimer noted that the changes from a transportation management plan would be incremental. Noting that he basically favored the concept of a transportation management plan, Council Member Wilkerson inquired about the potential for redevelopment of properties in the downtown area.

Noting that there were no assurances from implementing the proposed plan, Council Member Capowski expressed concern that the concept of a transportation management plan was too vague. Council Member Herzenberg noted that he generally supported the proposed program. He expressed concern that businesses operating at night were being required to provide an inordinate amount of parking. Mayor Broun said he generally supported the proposal. He noted the need to carefully examine the impact on small businesses.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO REFER THE MATTER TO THE TOWN MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Item 3 Brookview Drive Right-of-Way Closure

Town Engineering Director George Small provided an overview of the right-of-way proposal. He noted that a mistake had been made concerning the setback of a home on Brookview Drive. Mr. Small said the Town's Board of Adjustment had denied the home builder's request for relief from existing setback requirements. He stated that the Town had a process in place to address these types of situations. Mr. Small noted that neighbors in the area had been notified of this evening's hearing. He also noted that several letters had been received from area residents.

Mr. Horton said his preliminary recommendation was to adopt a resolution closing a portion of the Brookview Drive right-of-way.

Tom Tillett, 625 Brookview Drive, said the structure on Mr. Tate's lot was intrusive to adjoining properties. He inquired whether any Council Members had visited the site. Council Member Capowski indicated that he had done so. Mr. Tillett suggested that lot 1B could be conveyed into lot 1C. He said the subject lot would be extremely difficult to build on. Mr. Tillett said accessibility to the property was difficult due to an extremely steep driveway and topography in the area. Council Member Capowski requested a clarification of Mr. Tillett's earlier letter to the Mayor and Council concerning Mr. Tate's property. Mr. Tillett said that earlier efforts had focused on resolving the situation in an informal manner. He suggested that the matter be examined more seriously.

Diane Bennett, 651 Brookview Drive, said some trees had been stripped from the subject property. She stated that most other lots on Brookview Drive were deeply wooded. Ms. Bennett expressed concern that the lot in question would negatively impact property values in the neighborhood.

Diane Guiteras, 643 Brookview Drive, expressed concern about the lack of protection of the Town's neighborhoods. She stated that some questions concerning the house at 627 Brookview Drive had not been adequately addressed. Ms. Guiteras inquired whether it would be possible to move the subject house. She said that leaving the home unoccupied could lead to vandalism and other problems. Ms. Guiteras asked whether the closure of right-of-way would establish a precedent.

John Wasik, 609 Brookview Drive, said he had resided in his home for ten years. Mr. Wasik said he was very concerned about cars being parked along Brookview Drive. Mr. Wasik said he did not think it would be possible for cars to be parked on the subject lot.

Susan Lord, 632 Brookview Drive, said the builder, Mr. Tate, had an obligation to obey the Town's laws. She said that persons who broke rules had to bear the burden for doing so. Ms. Lord said she felt very sorry for the owners of the new home. She expressed hope that they would not be burdened by the situation.

Edwardo Lapetina said he agreed with his neighbor's comments. Mr. Lapetina said it was extremely dangerous for cars to park on the side of Brookview Drive. He said the house at 627 Brookview Drive would have to be moved.

George Tate, Jr., a local builder, said he had recently received a plaque recognizing his over thirty years of building service to the community. Mr. Tate said the mistake had not been intentional. He stated that Town officials would not have granted the permit if a mistake had knowingly been made. Mr. Tate said his engineer had made an honest mistake concern the location of a temporary surveying stake. Mr. Tate noted that he had given sixty feet of right-of-way along Brookview Drive to the Town. Mr. Tate said he had brought the mistake to the attention of Town inspection staff. He stated that moving the house in question would cost about $80,000. Mr. Tate noted that he had signed a petition so that Mr. Tillett could move his driveway.

Dr. Rudolph Jackson, owner of the home at 627 Brookview Drive, said that Mr. Tate had followed all codes and building standards in constructing his home. He noted that his home was eighty-five to ninety percent complete. Dr. Jackson expressed hope that the matter could be reasonably resolved.

Council Member Rimer noted that a similar situation had arisen while he was serving on the Town's Planning Board. He said that when buildings were staked out, the accompanying foundation plan also had to be approved. Council Member Rimer said the situation at hand clearly involved an unintentional mistake. Council Member said it was very sad for anyone to think that an intentional mistake had been made.

Council Member Wilkerson said the matter before the Council one was a very important one that the Council took very seriously. He stated that the Council had a very difficult decision to make which would be made with the best of intentions. Council Member Wilkerson inquired about the legality of an individual building on a lot with resource conservation district restrictions. He also inquired about the Town's responsibilities if such building were improperly allowed to occur. Noting that automobiles were frequently parked on the side of Brookview Drive, Council Member Wilkerson said right-of-way was a major issue. He stated that parking could be provided on the subject lot if the Council agreed to grant an extension of right-of-way. Council Member Wilkerson inquired whether the Council could place restrictions on the development of lot 1C, and if so, the possible extent of these restrictions.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO REFER THE MATTER TO THE TOWN MANAGER AND ATTORNEY.

Council Member Capowski said the lot in question was very steep. He said that moving the house would be prohibitive. He inquired whether there would be room for a sidewalk in the event that the right-of-way closure were approved. Council Member Capowski also inquired what procedures were in place to ensure the proper location of houses. Inspections Director John Davis said a final plat had to be recorded prior to the issuance of a final certificate of occupancy. Council Member Wilkerson inquired whether any changes to procedures were anticipated. Mr. Davis said some changes were in process.

Council Member Capowski inquired whether there a possibility of the house remaining vacant. Mr. Horton said the next step in this event would be to issue an order of demolition or to require removal of the house from the right-of-way. Council Member Capowski inquired who would bear such costs. Mr. Horton said this matter would be determined by the courts. Council Member Capowski inquired whether another developer could request similar treatment to the one proposed in this instance. Mr. Horton said this was possible. Council Member Rimer inquired whether it was possible to limit parking on Brookview Drive or in the neighborhood to mitigate safety concerns. Noting that the Council had great discretion in regulating parking, Mr. Horton said it would be possible for the Council to restrict parking in the area. Mayor Broun said the situation warranted examination of all possible options to address the concerns of the builder, homeowner and property owners. Council Member Wilkerson suggested that any new parking restrictions should be applied to all homes on Brookview Drive, in fairness to all residents of the area.

THE MOTION WAS PLACED ON THE FLOOR AND ADOPTED UNANIMOUSLY (8-0).

Item 4 Outdoor Recreational Facilities DOTA

Mr.Horton provided a brief overview of the proposal.

Ted Blostein said he would reserve his remarks until a specific development proposal was received.

Planning Board Chairperson Pat Evans said the Planning Board had recommended approval of the text amendment to the Council by a vote of 8-1. She noted that the dissenting voter had said the proposal should be applicable in all commercial areas.

Council Member Herzenberg expressed his appreciation for having this matter brought to the Council's attention. Council Member Capowski inquired whether the proposed amendment would permit drive-in movie theaters. Mr. Horton said he could provide follow-up information on this matter. Council Member Brown inquired whether it was correct that the amendment was not limited to the items specified. Mr. Horton said this was correct, noting that the example list was not intended to be exhaustive.

COUNCIL MEMBER WILKERSON MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO REFER THE MATTER TO THE TOWN MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

The hearing adjourned at 11:08 p.m.