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

OF CHAPEL HILL, MONDAY, FEBRUARY 10, 1992 AT 7:30 P.M.

Mayor Broun called the meeting to order. Council Members in attendance were Julie Andresen, Joyce Brown, Joe Capowski, Mark Chilton, Joe Herzenberg, Alan Rimer, Arthur 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.

Item 1 Ceremonies

Mayor Broun requested that a group of visiting Costa Rican students and teachers to come forward to be recognized. Mayor Broun noted that Chapel Hill High School had begun an exchange an exchange program with the City of Cartago, Costa Rica, beginning in 1985. Mayor Broun introduced each of the visitors and presented them with Town seal lapel pins. The Costa Rican visitors shook hands with the Mayor and Council, Manager and Attorney.

Mayor Broun presented a resolution signed by the Council to Mr. Kenneth Lamm, to recognize his bravery in saving the life of a local resident trapped by fire in her home.

Former Mayor Jonathan Howes said he had the privilege of hosting two Czechoslovakian officials studying local government and democracy. Mayor Broun presented Town seal lapel pins to both gentlemen.

Item 3 Petitions

Council Member Herzenberg noted that a resident of the historic district, Roland Giduz, has offered to let the Town use a one-acre lot for recreational purposes.

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

Item 4 Southern Small Area Plan

Planning Director Roger Waldon briefly reviewed the resolution before the Council, noting that a hearing on the proposed southern small area plan had been held on January 21st. He noted that the resolution before the Council would express general endorsement for the concepts brought forward and recommended referral of the plan to the Small Area Work Group. Mr. Waldon said the resolution addressed issues raised at the public hearing.

Council Member Brown inquired whether specific figures were used to define affordable housing. Mr. Waldon said that 80% of the median household income was a standard used in local and state housing programs. He noted that 80% of the local median income for a family of four was currently $34,000. Mr. Waldon said a family in this situation could purchase a house priced at up to $80,000. Council Member Brown inquired whether there were was any way to guarantee that expensive homes would not be constructed. Mr. Waldon said there were no existing regulations requiring developers to build small or inexpensive homes. He said the Town could encourage the development of affordable housing by suggesting the development of smaller lots and higher density development.

Council Member Brown expressed concern that the southern small area plan appeared to include the proposed Laurel Hill Parkway or a similar large collector road. Mr. Waldon said Laurel Hill Parkway was not being proposed as part of the plan. He said a collector road was proposed to run through a village area, connecting U.S. 15-501 to Smith Level Road. Council Member Brown said she feared that the Council would face pressure to construct the remaining segments of the Laurel Hill Parkway. Council Member Capowski said he shared Council Member Brown's concern about the proposed Laurel Hill Parkway. He noted that a portion of the roadway served as an entrance to the Friday Center. Council Member Andresen noted that previous Councils had approved the proposed Laurel Hill Parkway.

Council Member Brown inquired about the viability of constructing higher density subdivisions and planned unit developments in the southern area. Mr. Waldon said the Council would ultimately determine zoning categories and densities in the area. Council Member Andresen inquired whether current density designations could be increased. Mr. Waldon said clustering could occur in the event that existing zoning categories were modified. Council Member Brown expressed concern about the possibility of urban sprawl if densities were increased too much. Mr. Waldon said that R-1 zoning would permit three units per acre, while R-2 zoning would permit up to four units per acre. He noted that these proposed designations and densities would represent a change in the southern area component of the Comprehensive Plan. Council Member Brown suggested that the Council consider new zoning designations. She suggested that the small area plan working group examine the accessibility of parkland to the village and proposed zoning definitions. Council Member Brown also suggested that the group reexamine proposed area roadways, means for farm preservation, and the siting of multifamily development and group homes in the southern area.

Council Member Andresen said the Manager and staff had done an excellent job of identifying areas for further examination. She said the planning process offered an excellent opportunity for consideration of inclusionary zoning. Council Member Andresen suggested that the small area planning group could examine ways to preserve farm land in the southern area.

Council Member Capowski said he concurred with Council Member Brown's concerns about roadways and the need for farm land preservation. Council Member Capowski said he did not want to see a series of very expensive subdivisions constructed in this area of the Town. He inquired about proposed plans for wastewater treatment in the southern area. Mr. Waldon said staff could provide follow-up information on this matter. Council Member Rimer inquired whether Council Member Capowski was advocating neighborhood wastewater treatment. Council Member Capowski said that he was simply seeking information. Mr. Waldon said no individual community wastewater treatment systems were being proposed. Council Member Werner said of the difficulties with Town's Comprehensive Plan were its internally contradictory goals. He requested that the staff provide the Council with a summary of potentially contradictory goals. Mr. Waldon said the staff would do so.

Mr. Waldon noted that the small area planning group would next meet on February 18th. Mr. Horton requested a clarification of the Council's intent concerning the southern small area plan. Council Member Brown suggested that the proposed resolution be amended to specify the preservation of farm land and open space be considered. Council Member Brown requested a clarification of proposed zoning designations for the southern area. Mr. Horton noted that staff would have to provide definitions for new zoning classifications.

Mayor Broun inquired about the Council's pleasure concerning the inclusion of farmland preservation in the proposed resolution.

Council Member Andresen said she thought the addition was a good idea. Council Member Brown suggested that the words "ideas and incentives for farm preservation" be added to the resolution.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADOPT RESOLUTION 1, AS AMENDED. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ENDORSING THE CONCEPTS OF THE RECOMMENDED PLAN DEVELOPED BY THE SMALL AREA WORK GROUP ON THE SOUTHERN AREA SMALL AREA PLAN (92-2-10/R-1)

WHEREAS, the Council has held a public hearing on the draft Small Area Plan for the Southern Area; and

WHEREAS, the Council has constituted a Small Area Plan Work Group to develop a recommended plan for the area;

NOW BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council generally endorses the concepts of the recommended plan developed by the Small Area Plan Work Group as presented at the public hearing of January 21, 1992, with the following changes:

1. Delete the Carlton Drive road connection but retain the possibility of a future pedestrian and bikeway connection; and

2. Show an area south of Azalea Drive as in the land use category of one unit per acre.

BE IT FURTHER RESOLVED that the Council refers the Small Area Plan to the Work Group for further discussion of five issues:

1. Affordable Housing - defined as housing serving families with less than 80% of the area median income;

2. Implementation of the Plan (especially ideas of Randall Arendt on open space preservation);

3. Specifics of the Village Design; and

4. Locations of Urban Development (area east of 15-501 to Mt. Carmel Church Rd. area).

5. Ideas and incentives for farm preservation.

BE IT FURTHER RESOLVED that the Council requests a report from the Work Group by May, 1992 on these issues and other issues the Work Group may think important to bring to the Council's attention.

This the 10th day of February, 1992.

Item 5 Brookview Drive Right-of-Way

Engineering Director George Small reviewed the resolution before the Council. He noted that a public hearing on the matter had been held on January 21st. Mr. Small noted that it would be possible for a driveway to be installed on the lot at 627 Brookview Drive. He also stated that there was adequate room for constructing sidewalks on Brookview Drive in the future. Mr. Small said if the right-of-way closure were approved, a certificate of occupancy could be issued for the home at 627 Brookview Drive. He stated that the staff recommended adoption of the resolution closing about fifteen hundred feet of right-of-way on Brookview Drive.

Mayor Broun noted that the Council had previously heard public comment on this matter. He inquired whether the Council wished to hear additional speakers this evening. Council Member Capowski said he wanted to hear from area residents. Council Member Wilkerson suggested that the Council hear from all interested parties wishing to address the matter. Noting that the Council wished to hear speakers on the matter, Mayor Broun requested that speakers not repeat points made at the public hearing.

Diane Bennett said that if the right-of-way were dedicated, it should include a landscaping plan done in consultation with neighborhood residents.

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

Council Member Andresen inquired how the landscape plan would be implemented. Mr. Horton said the plans would be jointly reviewed and developed by Town staff taking into consideration any comments by area residents. Noting his concern about the matter before the Council, Council Member Capowski said he did not like when a professional builder made a mistake which the Town was asked to remedy. He said that the ultimate responsibility was clearly that of the builder. Council Member Capowski said the Council was in a true dilemma which was a lose/lose situation.

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

A RESOLUTION CLOSING A PORTION OF THE BROOKVIEW DRIVE RIGHT-OF-WAY (92-2-10/R-2)

WHEREAS, the Council on November 13, 1991 adopted a resolution of intent to consider closing approximately 1500 square feet of the Brookview Drive right-of-way adjacent to Lot 13B, as shown on Orange County Tax Map 28D, and a public hearing thereon was held on January 21, 1992; and

WHEREAS, closing this part of the Brookview Drive right-of-way would not be contrary to the public interest; and no individual owning property in the vicinity of the right-of-way would be deprived of reasonable means of ingress and egress to his or her property by the closing of said right-of-way;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts this order pursuant to North Carolina G.S. 160A-299, permanently closing a part of the Brookview Drive right-of-way immediately adjacent to Lot 13B, as shown on Orange County Tax Map 28D, subject to the reservation of a blanket public utility, cable television, landscape, sidewalk and public storm drainage easement, which shall be shown on a plat to be provided by the party requesting the right-of-way closure, approved by the Chapel Hill Engineering Department, and recorded with the Orange County Registrar of Deeds, and subject to a landscape plan and encroachment agreement approved by the Town Manager and recorded with the Orange County Registrar of Deeds.

BE IT FURTHER RESOLVED that said right-of-way closure shall not exceed a total area of 1800 square feet.

This the 10th day of February, 1992.

Item 6 Outdoor Commercial Recreational Facilities

Mr. Horton said adoption of the ordinance before the Council would make it possible for developers to propose outdoor commercial recreational facility projects. He noted that a public hearing had been conducted on the matter. Mr. Horton also noted that the amendment would allow such uses only with special use permits, giving the Council considerable control over such proposals.

Council Member Werner said he viewed the proposed amendment as a positive economic development move which would attract and keep such businesses in the Town limits. Mayor Broun said although he would support the amendment, he was having a difficult time envisioning an area of the Town where this type of facility could be accommodated.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT ORDINANCE 1. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

AN ORDINANCE AMENDING THE CHAPEL HILL DEVELOPMENT ORDINANCE REGARDING OUTDOOR COMMERCIAL RECREATION FACILITIES (92-2-10/O-1)

WHEREAS, the Council has considered the proposed amendment to the Chapel Hill Development Ordinance to adjust the provisions for commercial recreation facilities, and finds that the amendment is appropriate due to changed or changing conditions in a particular area or in the jurisdiction generally and achieves the purposes of the Comprehensive Plan;

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

SECTION I

ADD a new Subsection 2.102.1 to read as follows:

2.102.1 Recreation Facility, Outdoor Commercial: A private profit-making facility providing recreational activities outdoors, including commercially operated outdoor swimming pools and tennis courts, outdoor miniature golf, driving ranges, golf courses, and outdoor batting cages.

SECTION II

AMEND the Schedule of Use Regulations in Section 12.3 to insert "Recreation Facility, Outdoor Commercial" in Use Group C between "Recreation Facility, Commercial" and "Service Station," and to indicate under "TC-1 and TC-2", "CC", and "NC" that the use is Permitted as a Special Use and to indicate under "PD-SC(N)", "PD-SC(C)", and "PD-MU" that the use is Permitted as a Principal Use or as an Accessory Use.

SECTION III

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

This the 10th day of February, 1992.

Item 7 Endowment for Public Art

Former Mayor pro tempore Nancy S. Preston said she was requesting the Council's support for the establishment of an endowment fund for local public art. She noted that some seed money for the project was in place and additional gifts were being received. Ms. Preston said she hoped that public funds would not be used to fund programs of this type. Ms. Preston suggested that the Council establish a committee to determine how public art endowment programs were administered in other communities. Ms. Preston said she hoped that the Council would respond favorably to her proposals.

Council Member Andresen thanked Ms. Preston for her proposal. She stated that art in public places was a very highly valued commodity. Council Member Andresen noted the importance of establishing a committee to oversee the siting of works. She also suggested that the Appearance Commission could provide assistance to the proposed public art committee. Ms. Preston said this was a good idea. Council Member Andresen said many areas and buildings such as the Town Hall benefitted greatly from the display of public art. Council Member Brown said the paintings of Ms. Eleanor Seng had added considerably to the Town Hall's atmosphere. Council Member Herzenberg commended the public's attention to murals in Fire Station #1 and in the Franklin Street post office lobby.

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

Mayor Broun said the proposed endowment program would enhance the public's exposure to many creative local artists. Council Member Werner noted that the Committee on Parking Lot Number One and Related Matters had discussed the establishment of a central location at the parking facility for the display of art work.

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

A RESOLUTION REGARDING A CHAPEL HILL ENDOWMENT FOR PUBLIC ART

(92-2-10/R-3)

WHEREAS, the public display of art can enrich the life of our community as a place where human expression through the arts is cherished and promoted; and

WHEREAS, Orange County, Chapel Hill and Carrboro have a well established community of artists working in media such as painting, sculpture, ceramics, photography and weaving; and

WHEREAS, it is appropriate to support the public display of art with gifts and grants whenever possible rather than with Town property tax revenues and sales taxes;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council establishes a Chapel Hill Endowment for Public Art based on the following principles:

1. The Endowment shall be funded primarily from gifts and grants.

2. The interest earnings and a limited amount of the principal of the Endowment shall be used to enhance Town buildings, and areas such as public parks and plazas, through the display and occasional purchase of works of art by local artists.

3. The Council will appoint an advisory committee with up to seven individuals with special knowledge, interest or expertise in the arts. The Committee shall be responsible for identifying works of art appropriate for public display, making recommendations to the Council on using Endowment funds for displays and occasional purchases, fund-raising and handling operational matters such as scheduling, publicity and other matters associated with the public display of works of art.

This the 10th day of February, 1992.

Mayor Broun presented Ms. Preston with a resolution from the North Carolina League of Municipalities recognizing her eight years of service to the Town as a council member and Mayor pro tempore. Ms. Preston thanked Mayor Broun for the recognition.

Item 8 Cable Television Matters

Mr. Horton noted that the Council had recently embarked on an effort to determine cable television needs in the community. Mr. Horton said recommendations on these matters would be presented to the Council over the course of the next year. He stated that the resolutions before the Council would authorize the transfer of the existing cable franchise from Carolina Cable and a portion of Durham Cablevision to Time-Warner Entertainment Company. Mr. Horton said the proposed transfer did not provide quite as much leverage as desirable. He noted that more leverage would be available when the franchise agreement was being renegotiated.

Assistant to the Manager Greg Feller briefly reviewed the resolutions before the Council. He noted that the Town Code provided a sixty-day review period for transfer of the cable television franchise. Mr. Feller stated that staff had reviewed the proposed transfer materials and found no basis for recommending denial of the transfer request. He noted that comments from City of Raleigh and City of Durham officials about American Television Corporation management had been favorable. Mr. Feller also said that transfer of the franchise was contingent upon approval of American Television Corporation and Time-Warner Entertainment Company. He noted that the current cable television franchise agreement would expire in December, 1994.

Council Member Capowski inquired about the proposed location of the cable television company's local office. Terrell Mayton, representing Time-Warner Entertainment Company, said the lease at the current Carolina Cable office was in effect for one more year at the current site on Weaver Dairy Road. He noted that the current location would be evaluated in terms of customer convenience. Council Member Capowski inquired how many customer service lines would be provided. Mr. Mayton said his firm desired to develop a standard of a thirty-second response for each call.

Noting that the Town's cable franchise would expire in 1994, Council Member Capowski said he saw the intervening two years as a trial period for Time-Warner. Mr. Mayton said his firm was committed to providing a high level of service to its customers.

Council Member Andresen said she supported the provision of educational programs such as Open Net. Mr. Mayton said his firm was in the fact-finding and listening mode. He stated that programming interest surveys would be conducted to determine the wishes of area cable viewers.

Council Member Rimer inquired whether Time-Warner planned to change the cable system's current converter boxes. Bill D'Epegnier, Technical Services Manager for Time-Warner, said the cable franchise with the Town specified three distinct levels of service. He noted that some type of scrambling technology for cable television was needed. Council Member Werner suggested that Time-Warner follow the example of other public utilities in the provision of cable services. He emphasized the importance of knowing the names of troubleshooters for the cable company and how they could be contacted. Mr. Mayton said the firm made its decisions at the local level and had employees who were accessible to the needs of their customers.

Norman Vogel, a member of the Town's 1979 cable television franchise committee, said the current cable converter boxes were not amenable to cable-ready televisions. He noted that changing the type of converters would involve a major expenditure. Mr. D'Epegnier concurred that changing the system would be quite expensive. He noted that it was not necessary to change the converter boxes in the near future since they were software controllable. Mr. Vogel stated that the remote control devices provided by Carolina Cable did not provide volume control. He suggested that the cable converter box matter could be addressed within the context of the cable franchise renegotiation. Mr. Mayton said his firm was committed to being responsive to its customer's comments.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 4.1. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION OF THE TOWN COUNCIL OF CHAPEL HILL APPROVING TRANSFER OF CONTROL OF THE CABLE SYSTEM FOR WHICH VILLAGE CABLE INC. ORIGINALLY RECEIVED A FRANCHISE FROM THE TOWN COUNCIL OF CHAPEL HILL, WHICH SYSTEM WAS LATER TRANSFERRED TO PRIME CABLE INCOME PARTNERS, L.P., WITH THE COUNCIL'S APPROVAL; AND WHICH SYSTEM IS PROPOSED TO BE TRANSFERRED TO THE AMERICAN TELEVISION AND COMMUNICATIONS COMPANY OR OTHER SUBSIDIARY OF TIME WARNER INC. AND/OR TIME WARNER ENTERTAINMENT COMPANY (92-2-10/R-4.1)

WHEREAS, on January 9, 1992, representatives of the American Television and Communications Corporation and of Prime Cable Income Partners, L.P. submitted a request for approval of the transfer of the cable system franchised by the Town Council of Chapel Hill and owned by Prime Cable Income Partners, LP, (known as Carolina Cable) to the American Television and Communications Corporation; and submitted information regarding American Television and Communications Corporation in response to the Town Manager's request in accord with Article V of Chapter 10 of the Chapel Hill Town Code; and

WHEREAS, on January 9, 1992, the President of the Raleigh-Durham Division of American Television and Communications Corporation submitted a letter to the Town Attorney describing plans for changes in the ownership of Time Warner Inc. including the formation of a limited partnership, Time Warner Entertainment Company, LP, which would own American Television and Communications Corporation with Time Warner Inc. to be the managing general partner;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the transfer of control of the cable system in Chapel Hill owned by Prime Cable Income Partners, L.P., to the American Television and Communications Corporation; provided that:

1. The Council's approval is subject to written acceptance, by a duly authorized representative of ATC or TWE, of all terms, conditions and requirements of the franchise, as amended, now held by Prime Cable Income Partners, L.P., which franchise includes by way of illustration without limitation the following: (a) the franchise ordinance adopted by the Council November 19, 1979 and as subsequently amended; (b) the franchise application dated September 4, 1979 by Village Cable and (c) Article V of Chapter 10 of the Town Code of Chapel Hill.

2. The Council's further specific approval during the term of the above-described franchise shall not be required for transfer of control of the above-described franchised cable system to Time Warner Entertainment Company, L.P. (TWE), or to a subsidiary of TWE and/or to other subsidiaries of Time Warner Incorporated; provided that Time Warner Incorporated shall continue to be the managing general partner in control of any subsidiary owning the said cable system; and provided that Time Warner or TWE or an appropriate subsidiary shall notify the Town in advance of such transfers of control, with a statement as to whether there is any change from the general managing partner status of Time Warner in connection with such transfers.

This the 10th day of February, 1992.

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT RESOLUTION 4.2. THE MOTION WAS ADOPTED UNANIMOUSLY

(9-0).

A RESOLUTION OF THE TOWN COUNCIL OF CHAPEL HILL APPROVING THE TRANSFER OF CONTROL OF THE CABLEVISION OF DURHAM CABLE TELEVISION SYSTEM TO TIME WARNER ENTERTAINMENT COMPANY, L.P. OR OTHER SUBSIDIARY OF TIME WARNER INC. AND/OR TIME WARNER ENTERTAINMENT COMPANY (92-2-10/R-4.2)

WHEREAS, Cablevision of Durham (the "franchisee") holds a limited franchise form the Town of Chapel Hill; and

WHEREAS, the franchisee is a subsidiary or division of the American Television and Communications Corporation ("ATC"); and

WHEREAS, ATC is a majority owned subsidiary of Time Warner, Inc. ("Time Warner"), a widely held New York Stock Exchange Company which intends to create a new limited partnership entity comprised of the business and assets of its filmed entertainment, programming and cable divisions, which entity shall be known as Time Warner Entertainment Company, L.P. ("TWE"); and

WHEREAS, Time Warner will retain majority ownership as well as operating and management control of TWE and will operate TWE as a controlled subsidiary of Time Warner employing the assets of ATC including the franchise(s) granted by the Town of Chapel Hill and the Franchisee, and the assets owned by Warner Cable, Lorimar Telepictures, HBO and Warner Bros.; and

WHEREAS, ATC will continue to exist as an operating division of TWE, with the existing management structure remaining at both the local and corporate levels, and no change is anticipated in the manner in which the business and operations of the Franchisee are conducted; and

WHEREAS, a representative of ATC has stated in letters to the Town Manager and Attorney of Chapel Hill that additional limited partners may be added to TWE in the future and that ownership of cable system(s) franchised by the Town of Chapel Hill may pass through other Time Warner entities;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that, insofar as may be necessary or advisable under the franchise, transfer of the franchise from the Town of Chapel Hill and the cable system(s) operated pursuant to such franchises from the Franchisee to TWE is hereby authorized and consented to in all respects: provided that

This resolution shall be effective upon adoption and shall be subject the above provisions.

This the 10th day of February, 1992.

Council Member Wilkerson said he was proposing that the Council adopt a resolution supporting regulatory control over cable television by local governments. Council Member Wilkerson suggested that the resolution be forwarded to North Carolina's United States' senators and representatives.

COUNCIL MEMBER WILKERSON MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 4.3.

Council Member Herzenberg suggested that a copy of the Council's adopted resolution be forwarded to President Bush.

Robert Joesting said he favored the proposed resolution excepting a provision encouraging telephone companies to compete in the provision of cable television services. Mr. Joesting said he understood that Senate Bill 12 concerning cable television contained some provisions which were not in the public's best interest. He urged the Council to adopt the proposed resolution deleting the reference to telephone companies.

Council Member Brown inquired how Council Member Wilkerson would respond to Mr. Joesting's concerns. Council Member Wilkerson said he felt that the inclusion of telephone companies would stimulate healthy competition, possibly keeping cable television rates lower.

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

A RESOLUTION SUPPORTING RESTORATION OF LOCAL GOVERNMENT REGULATORY AUTHORITY REGARDING CABLE TELEVISION SYSTEMS (92-2-10/R-4.3)

WHEREAS, the Cable Communications Policy Act of 1984 restricted states' and local governments' authority to regulate the cable television industry directly; and

WHEREAS, since the Cable Communications Policy Act became law, concentrations of ownership amounting to monopolies have increased among cable operators, although the Act was intended to "promote competition in cable communications and minimize unnecessary regulations that impose undue economic burden on cable systems"; and

WHEREAS, cable operators have subjected customers throughout the United States to substantial rate increases and service reductions; and

WHEREAS, more than half of the nation's households and more than half of the residents of Chapel Hill subscribe to cable television services, and cable television is increasingly becoming a principal means of access to information and entertainment; and

WHEREAS, cable television is rapidly being priced beyond the reach of low income families, families with children and of elderly citizens who particularly need the information and other services available through cable television; and

WHEREAS, the diversity of information services promised by the 1984 Cable Communications Policy Act has failed to materialize; and

WHEREAS, the promise of universal services similarly has not been fulfilled; and

WHEREAS, present regulations issued by the Federal Communications Commission pursuant to the 1984 Cable Act do not allow regulation of cable television rates in most of the United States; and

WHEREAS, the National League of Cities has adopted policies supporting the restoration of local regulatory authority and increased competition in provision of audio/video programming and information services; and

WHEREAS, legislation now before the Congress would strengthen local regulation of cable operators;

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

1. Supports the restoration of local regulatory authority regarding cable television systems.

2. Supports amendments to the 1934 Communications Act with particular focus on regulation of cable television rates and allowing telephone companies to compete directly with cable systems in circumstances that respect local government regulatory authority and provide protections to assure competition in the public interest.

3. Urges Congressional action to restore local regulation of cable systems, eliminate barriers to competition and correct other aspects of the 1984 cable legislation that are not in the public interest.

This the 10th day of February, 1992.

Item 9 Consent Agenda

Council Member Andresen requested removal of item f from the consent agenda. Council Member Herzenberg requested removal of item e.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO ADOPT THE BALANCE OF THE CONSENT AGENDA AS PRESENTED (RESOLUTIONS 6 AND 7 AND ORDINANCE 2). THE MOTION WAS ADOPTED UNANIMOUSLY

(9-0).

A RESOLUTION APPROVING VARIOUS RESOLUTIONS AND AN ORDINANCE

(92-2-10/R-5)

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

a. Minutes of January 11, 14, 21, 22 and 23, 1992.

b. Budget amendment for Public safety system modification (O-2).

c. Delaying Council consideration of a proposal to adjust downtown parking regulations (R-6).

d. Postponement of hearing on banner signage (R-7).

e. Revised lease agreement for public housing (R-8).

f. Work plan based on Council planning session (R-9).

This the 10th day of February, 1992.

AN ORDINANCE TO AMEND "THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1991 (92-2-10/O-2)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled "An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 1992" as duly adopted on July 8, 1991 be and the same is hereby amended as follows:

ARTICLE I

Current Revised

Budget Increase Decrease Budget

APPROPRIATIONS

GENERAL FUND

Fire Department

Suppression 1,406,621 181,869 1,588,490

Police Department

Patrol 3,307,334 181,869 3,489,203

This the 10th day of February, 1992.

A RESOLUTION DELAYING COUNCIL CONSIDERATION OF A PROPOSAL TO ADJUST DOWNTOWN PARKING REGULATIONS (92-2-10/R-6)

WHEREAS, a Public Hearing was held on January 21, 1992 to consider adjustments to the Development Ordinance regarding downtown parking regulations; and

WHEREAS, the Town Manager has requested a delay of Council consideration of the proposed adjustments to allow further discussion of the proposal with the Planning Board and the Transportation Board;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council extends until March 23, 1992, the Town Manager's time frame for a follow-up report to the Council.

This the 10th day of February, 1992.

A RESOLUTION POSTPONING A PUBLIC HEARING TO CONSIDER A DEVELOPMENT ORDINANCE TEXT AMENDMENT REGARDING BANNER-STYLE SIGNAGE (92-2-10/R-7)

WHEREAS, on January 14, 1992 at the request of the Appearance Commission, the Council called a Public Hearing for February 17, 1992 to discuss changes that affect display area limits for projecting signs such as banner-style signs, among other items; and

WHEREAS, the Appearance Commission has requested a postponement of the February 17, 1992 Public Hearing regarding banner signs in order to allow continued discussion and investigation of this style of signage;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council postpones a Public Hearing that was scheduled for February 17, 1992 to discuss banner-style, projecting signs.

BE IT FURTHER RESOLVED that the Town Manager is directed to schedule this Public Hearing for an available Public Hearing date upon request from the Appearance Commission.

This the 10th day of February, 1992.

Mayor Broun suggested that the Council consider item e, then item f.

Council Member Herzenberg inquired how public housing resident's involvement with drug activity would be determined. Council Member Werner inquired how "near" was defined. Housing and Community Development Director Tina Vaughn said involvement with drug activity would be determined on the basis of an arrest by the Town's Police Department. Mr. Karpinos said language in the proposed resolution was based largely on Federal regulatory language. Noting that public housing leases were civil and contractual agreements, he noted that some level of proof that a lease violation had taken place was necessary. Council Member Herzenberg inquired whether the Council had to adopt federal guidelines word for word. Ms. Vaughn noted that termination proceedings for public housing included an appeal process to the local District Court and other courts including the United States Supreme Court.

Mayor Broun said although it was important for the Town to have some authority to terminate leases, he was bothered by the apparent absence of a standard for doing so. Mayor Broun said he was especially concerned about maintaining fairness of treatment for individuals by including more specific language in the proposed lease agreement. Council Member Andresen inquired how this could be accomplished. Mr. Horton said the Town's current standard involved initiating of eviction proceedings once an arrest for illegal drug activity was made. Council Member Herzenberg inquired what would occur in the event of an acquittal. Mr. Horton said a process of independent review could be undertaken. Mayor Broun said he did not quarrel with the Town's legal power to evict residents based upon an arrest, although it might not be fair to evict in some cases. Council Member Andresen inquired whether any current public housing tenants had been previously arrested. Ms. Vaughn said yes.

Council Member Werner inquired about the Town's existing standard concerning the eviction of persons arrested for drug offenses in their own neighborhoods. Ms. Vaughn said there was no current clause specifying where such involvements took place. Council Member Andresen said she supported the proposed change as a means of protecting the rights of law-abiding public housing residents.

Ms. Vaughn said the proposed revision would address some safety concerns of public housing neighborhood residents. Council Member Chilton requested a clarification of the term "near". Mr. Karpinos said the facts of specific cases would determine the meaning of this term. Council Member Chilton expressed concern that the language was somewhat arbitrary. Mr. Karpinos said the proposed language was based on federal regulations. Council Member Herzenberg said he did not think that the Council had to use verbatim language suggested by federal regulations. Ms. Vaughn said this was correct, noting that similar language could be used.

Council Member Herzenberg said he would be unable to support the proposed revision. Council Member Rimer said he concurred with Council Member Herzenberg. He expressed concern that a person found innocent of charges could still be evicted under the terms of the proposed guidelines. Mr. Horton noted that criminal standards required a much greater burden of proof than civil standards.

Council Member Rimer requested that the staff revisit the language contemplated in the proposed amendment. Council Member Werner said he understood Council Member Herzenberg's concern. Council Member Werner said the matter before the Council involved the breaking of a rental contract, a civil, rather than criminal, matter. He stated that the impetus for the proposed amendment had come from public housing tenants themselves. Council Member Werner said the proposed amendment was intended to protect residents of the Town's public housing communities. Mayor Broun said if the only change was reducing the burden of proof, he wouldn't be as concerned as he was about the apparently vague clause pertaining to eviction of tenants. Council Member Capowski inquired how the matter involved more than lowering the standard of evidence. Mayor Broun said it was possible for an individual to be evicted solely on the basis of a drug-related arrest. Mayor Broun asked whether there would have to be a finding by someone in order to initiate eviction proceedings. Mr. Karpinos said yes, if the matter were contested.

Mayor Broun inquired whether the standard used would be individuals engaging in drug-related activities. Mr. Karpinos said this was correct.

Council Member Wilkerson said the proposed amendment was long overdue. Council Member Wilkerson said he concurred with some of Council Member Herzenberg's concerns. He emphasized the need to implement the change as soon as possible to safeguard residents of public housing communities. Council Member Capowski inquired whether it would be possible for a convicted person who was later found innocent to get their lease back in public housing. Mr. Horton said if the matter were adjudicated in a civil court, there would be no way to do this. Mr. Karpinos said he expected that cases involving wrongfully accused persons would receive careful review by Town staff.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO REFER THE MATTER TO THE STAFF FOR REDRAFTING AS SOON AS POSSIBLE.

Council Member Andresen inquired about the direction of the redraft. Mr. Karpinos said the revised language would address situations in which accused persons were found to be completely innocent or not involved in drug-related activity. Council Member Brown asked whether the matter could be brought back before the Council in the near future. Ms. Vaughn said yes. Council Member Wilkerson said the Council and staff had a good deal of common sense and decency. He expressed concern that residents of public housing communities were suffering due to illegal drug activity.

Council Member Wilkerson said the staff would be sensitive in dealing with persons found innocent of drug charges. Mayor Broun suggested that the staff redraft proposed language to take into account matters of common sense and sensitivity related to wrongly accused persons.

THE MOTION TO REFER THE MATTER TO THE TOWN MANAGER AND ATTORNEY WAS PLACED ON THE FLOOR AND ADOPTED BY A VOTE OF 8-1, WITH COUNCIL MEMBER CAPOWSKI VOTING NO.

Council Member Andresen inquired whether the item before the Council was a working document based on the Council's planning session of January 11th. Mr. Horton said yes, noting that the document was not intended to be all-inclusive. Mr. Horton said he welcomed any suggestions for modification or correction of the document.

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

A RESOLUTION ADOPTING A WORK PLAN FOR FOLLOW-UP ACTIONS BASED ON THE COUNCIL'S DISCUSSION OF THE STRATEGIC REPORT AND OTHER KEY ISSUES IN THE JANUARY 11, 1992 PLANNING SESSION (92-2-10/R-9)

WHEREAS, the 1991-93 Council held a Planning Session on January 11, 1992 to discuss key issues, goals and objectives; and

WHEREAS, the Council used the Strategic Report of the Comprehensive Plan as a framework for discussion of major issues; and

WHEREAS, the Council identified several follow-up actions including staff reports to be prepared for the Council's consideration, and requested the Manager accordingly prepare a work plan for the Council's consideration;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the attached work plan based on the Council's discussion at the January 11, 1992 Planning Session.

This the 10th day of February, 1992.

Council Member Werner said he appreciated Mayor Broun's recent meeting with OWASA and other local officials. He inquired whether it was legally permissible for OWASA to sell water to an entity outside of Orange County. Mr. Karpinos said yes.

Mr. Horton said with the Council's consent, he would set apart consent agenda items from informational reports on future Council agendas.

Council Member Capowski inquired about the extent of OWASA's authority in extending water and sewer service. Mr. Karpinos said it was incumbent upon OWASA to meet the requirements of governmental units in areas where development was occurring. Council Member Capowski expressed concern that OWASA was carrying out unilateral planning in some areas. Council Member Werner said the planning of water and sewer utilities was basically an economic, rather than policy, decision. Council Member Andresen said it would be useful for the Council to develop a policy document outlining its general water and sewer concerns for the Town's OWASA Board representatives. Council Member Werner expressed his concurrence with this concept.

There was no need for an Executive Session.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADJOURN. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

The meeting concluded at 9:45 p.m.