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

OF CHAPEL HILL, NORTH CAROLINA, MONDAY, MARCH 23, 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 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 said that there were two very important ceremonies this evening. He asked Mr. Ben Murray to come forward. Mayor Broun read a proclamation recognizing the month of March as Mental Retardation Awareness Month. Mr. Murray, representing the Association for Retarded Citizens, accepted the proclamation from Mayor Broun.

Mayor Broun requested that Rachel Willis and Dan Coleman come forward. He read a proclamation recognizing the week of April 20th through 26th as Alternative Transportation Week. Mayor Broun noted that the Town would host a bus and van rodeo would be hosted by the Town on April 26th. Mayor Broun presented the proclamation to Ms. Willis and Mr. Coleman. Ms. Willis noted that the Transportation Board was preparing a report to the Council on reducing the use of single-occupancy vehicles. She urged the Mayor and Council and Town residents to take part in Alternative Transportation Week. Mr. Coleman said that members of the Transportation Board had volunteered their expertise in a number of areas concerning Alternative Transportation Week events.

There were no hearings.

Item 3 Petitions

Pierre Morell, representing Power Plant Neighbors, expressed concern about operations and noise levels at the University boiler plant. A copy of Mr. Morell's remarks are on file in the Town Clerk's Office. Council Member Andresen requested that Manager return to the Council with suggestions for action to address Mr. Morell's concerns. She noted that neighbors of the plant were becoming very frustrated with the University. Council Member Andresen said she believed that by mutual agreement, one could arrive at better decisions for both parties. She suggested that the Council sponsor a group to negotiate an agreement with the University to address boiler plant concerns. Council Member Andresen noted that it might not be possible for the University to make major changes until its final acceptance from the contractor of the boiler plant facility. Mr. Morell said although he appreciated the concept of conflict resolution, there was no implication of bad faith in the situation. Mr. Morell stated that the basis of the problem appeared to be a lack of funds to make necessary improvements.

Council Member Andresen inquired about possible liability by the plant contractor. Mr. Morell said he had no concept of this possibility. He stated that there appeared to be problems in the design of the plant which should have been addressed earlier. Council Member Herzenberg said the situation was depressing. He stated that the situation was actually worse than outlined by Mr. Morell. Council Member Herzenberg said it appeared very unlikely that the new plant would be quieter than the former plant. Council Member Herzenberg said he was troubled by persistent violations of the noise ordinance by the boiler plant. He inquired why the Town was not enforcing the noise ordinance for the plant and why repeated "emergencies" were being tolerated.

Council Member Capowski said he admired the patience of the boiler plant's neighbors. He inquired what percentage of noise came from inside and outside sources. Mr. Morell said most noise appeared to be background noise from inside the plant, including turbine and boiler operations. Council Member Capowski inquired whether buffering sound through glass at the plant would significantly help neighbors of the plant. Mr. Morell said yes. Council Member Capowski said the Town's noise ordinance did not address the issue of long-term industrial noise and its frequency. Council Member Capowski inquired what Mr. Morell would like the Town to do regarding concerns at the boiler plant. Mr. Morell requested that the Town make the boiler plant a high priority in its meetings and negotiations with the University.

Council Member Brown said she was very concerned about air pollution and potential human health problems. She requested additional information on potential health problems and ways to prevent such problems. Council Member Werner said Mr. Morell was correct that resolving the situation would involve large amounts of money. Council Member Werner said there were clear faults in design of the plant which result in the excessive noise. He emphasized that the Council needed to make clear to the University the importance of resolving concerns of the boiler plant's neighbors. He noted that no one on the Town's staff had the background necessary to address Council Member Brown's concerns about air pollution and health concerns. Council Member Werner said that air pollution concerns were more easily addressed than the noise problems. He suggested that the Council request a written plan from the University outlining proposals on how to address the plant's problems. Noting the need for a commitment from the University, Mr. Morell said he applauded this suggestion. He expressed concern that boiler plant officials had been unwilling to spend money to monitor pollution at the plant.

Council Member Brown said she did not expect to receive a scientific response to her earlier inquiry. She noted that the Manager was proficient at finding resources to address the Council's inquiries. Council Member Werner noted that information and studies of this type could be provided and conducted by the University. Council Member Brown said she was requesting a basic report from the Manager. Council Member Rimer suggested that the University could seek funding from the legislature to address special use permit violations at the boiler plant. He added that the impasse on the matter should have been resolved several months ago.

Council Member Andresen emphasized the importance of a written plan from the University outlining how matters could be resolved and when. Council Member Andresen noted that a major argument made by the University when proposing the plant at that location was the amount of money it would save compared to relocating it elsewhere. Council Member Andresen said she did not know whether the Consultation and Coordination Committee would be an appropriate forum for addressing the situation. Mayor Broun said the situation at hand was a delicate and frustrating one for all involved, especially neighbors of the boiler plant. He suggested that an emphasis be placed on making things better. Mayor Broun said Council Member Werner's suggestion of a written plan of action by the University was a good one.

Council Member Werner noted the importance of removing the situation from the political realm. He said it was important to receive a realistic response from the University, including an outline of a proposed timeframe and budget for resolving problems at the boiler plant. Council Member Herzenberg requested that the University administration be encouraged to change its policy to encourage timely responses to phone call concerns about the boiler plant.

Mayor Broun suggested that the matter be referred to the Manager, with a request being forwarded to the University for an action plan to address concerns of boiler plant neighbors. Council Member Werner requested that the Manager request a written response from the University, addressing current issues and outlining a plan to correct problems.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO REFER THE MATTER TO THE MANAGER, WITH THE MANAGER REQUESTING A WRITTEN RESPONSE FROM THE UNIVERSITY, ADDRESSING CURRENT ISSUES AND OUTLINING A PLAN OF ACTION.

Council Member Capowski inquired whether there were any stipulations between the University and the boiler plant contractor concerning noise limits of the plant. Mr. Morell said he had spoken to an acoustical engineer at North Carolina State University who had indicated that stipulations pertaining to noise were generally excluded from contracts of this type. He added that certain pieces of equipment at the boiler plant did not meet specifications. Council Member Capowski inquired whether the Council wished to include the construction company in the referral to the Manager. Mayor Broun suggested that the inquiry be directed to the University, since the University had a contract with the construction company.

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

Mr. Morell thanked the Mayor and Council for taking positive steps to address concerns about the boiler plant.

Nancy Gabriel, Chairperson of the Appearance Commission, requested that the Town implement an Annual Appearance Awards Program. She noted that Joan Page had done most of the work on devising the proposal. Ms. Gabriel said that most of the work would be done by the Commission, rather than by Town staff. She also stated that the awards program would be much more valuable than the $500 in funding being requested. Ms. Gabriel noted that additional funding sources were being requested. She stated that the program offered a positive and fun experience for the Town and its residents. Ms. Gabriel requested that the Council consider the proposal favorably.

Council Member Andresen said she supported the concept. She stated that such a program would be beneficial to the community. Council Member Rimer noted that the amount of money requested, $500, was quite small. He requested that the Manager attempt to include these funds in his proposed budget. Mr. Horton indicated that could be done, if the Council desired. Mr. Horton said he expected to recommend inclusion of funding for the program in his proposed budget.

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

Timothy Kimbrough, pastor of the Church of the Holy Family, requested expedited review of a special use permit modification project.

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

Council Member Chilton requested that the Manager provide information on future potential participation by Chatham County in the Chapel Hill-Carrboro transit system, relevant to the widening of U.S. 15-501. Council Member Chilton also requested ten to fifteen years of information concerning the percentage of transit system operating costs paid by bus riders. Council Member Brown requested information on street redesign programs to encourage more pedestrian traffic in the downtown area. Council Member Andresen requested an analysis of the degree of bus fare increases compared to possible decreases in bus ridership.

Council Member Herzenberg noted that Council Members Andresen, Capowski and himself had attended a conflict management workshop on March 21st. He thanked Council Member Andresen for her work on the program. Council Member Herzenberg also requested that the staff broaden public notification for proposed development projects.

Mr. Horton requested that agenda item number six be removed from this evening's agenda. He noted that the Town had received a letter from the State's Division of Environmental Management, stating that Bolin Creek Interceptor moratorium had been lifted.

Council Member Brown noted that Colin Hall had requested to speak on this matter.

Dr. Hall said he was surprised by the withdrawal of the moratorium. Dr. Hall stated that he had purchased his house near the Bolin Creek trail in late 1976. Dr. Hall noted that he had been in frequent contact with OWASA officials since October, 1977 about sewage overflows along the Bolin Creek Interceptor. Dr. Hall said that sewer overflows posed a serious health hazard. He stated that there had been three major sewage leaks since the beginning of the year along the Bolin Creek Interceptor. Dr. Hall said he was very concerned that the current situation was not going to change substantially. He stated that the Orange Water and Sewer Authority had a sizable appropriation of up to $40 million for capital improvements. Dr. Hall said he had no faith that the matter would be resolved expeditiously. He requested that the Mayor and Council pressure Orange Water and Sewer Authority officials to expend funds to remedy problems with the Bolin Creek interceptor.

Mayor Broun said he had concern and sympathy with the points raised by Dr. Hall. He noted that the Orange Water and Sewer Authority needed to place a higher priority on sewer system maintenance. Council Member Andresen expressed her concurrence with Mayor Broun' remarks, adding that problems with the Bolin Creek interceptor needed constant attention.

Item 4 Board and Committee Nominations & Appointments

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO NOMINATE ALL APPLICANTS FOR APPOINTMENT CONSIDERATION TO THE PARKS AND RECREATION COMMISSION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO NOMINATE ALL APPLICANTS FOR APPOINTMENT CONSIDERATION TO THE HOUSING ADVISORY BOARD. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Council Member Andresen suggested that Council Members Herzenberg and Rimer continue their service on the Facility Naming Committee. Council Member Herzenberg suggested that a third member of the Council serve on the committee, since the Council's adopted resolution provided for membership by two or more Council Members.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO APPOINT COUNCIL MEMBERS HERZENBERG AND RIMER TO SERVE ON THE FACILITY NAMING COMMITTEE. THE MOTION WAS ADOPTED UNANIMOUSLY

(9-0).

Council Member Wilkerson requested that the Council not make appointments to the Cable Television Advisory Committee this evening, since the committee had not had the opportunity to discuss appointment recommendations. Council Member Rimer noted that there was currently only one Town resident application on file for the commission. He suggested that the Council consider changing its procedures to permit non-Town residents to be appointed to non-permanent committees. Council Member Wilkerson said that other applicants were being recruited for the Cable Television Advisory Committee. Council Member Herzenberg suggested that the Council adopt a short-term policy compromise waiving existing restrictions for ad hoc groups until a firm policy was in place. Council Member Capowski requested that the Manager provide a map of the cable television service area when the appointment item returned for Council consideration. Mr. Horton noted that the service area for the new cable television franchisee included areas such as Wake County in its area although the Town's franchise is effective only within the Town limits. Council Member Capowski inquired whether non-Town resident applicants for the Cable Television Advisory Committee were customers of the Town's cable franchise. Mr. Horton said efforts could be made to make this determination. Mayor Broun said the Council had removed item 4d from the agenda by unanimous consent.

Item 5 Parking Regulations DOTA

Planning Director Roger Waldon said the last presentation to the Council on parking regulations had taken place on February 10th. He said the Transportation Board and staff recommend adoption of Ordinance A, while the Planning Board recommended adoption of Ordinance C. He briefly reviewed Resolutions A, B and C, noting that adoption of all three was recommended.

Council Member Herzenberg inquired whether any of the ordinances or resolutions addressed parking requirements for late-night businesses such as clubs. Mr. Waldon said any business downtown could take advantage of the provision to operate or expand without meeting off-street parking requirements.

Council Member Capowski inquired whether any businesses other than Burger King had elected to make a payment-in-lieu for parking to the Town. Mr. Waldon said no, noting that some businesses provided parking, while others leased parking from other businesses. Council Member Andresen inquired about the objectives of the Transportation Management Plan. Mr. Waldon said that property owners choosing the Transportation Management Plan option would provide incentives and disincentives to get to and from their businesses by means other than single-occupant automobiles, including bicycles, ridesharing, buses and walking. Council Member Andresen inquired how parking needs for retail customers would be met. Mr. Waldon said it was not likely that the proposed ordinance would impact the behavior of retail customers. He stated that there would be a continued need for municipal parking in the downtown area. Council Member Andresen noted the need to balance office and retail uses.

Council Member Brown inquired about the extent of discussions with the Transportation Board concerning downtown parking regulations. Mr. Horton said the Transportation Board had been a key actor in developing the proposed text amendment and policy. He noted the Transportation Board had unanimously recommended adoption of Ordinance A. Council Member Capowski inquired whether the transportation management plan of Pleasanton, California, instituted in 1989 and included in the Council's agenda materials, had been successful. Mr. Waldon said the plan had been provided as an example only and that Town staff had not contacted Pleasanton staff to inquire about the success of their program.

Corleen Thompson, a resident of South Columbia Street, said she opposed the proposed change in parking regulations. She noted that the Town might lose some of its federal funding for transit operations. Ms. Thompson stated that if new businesses provided less parking spaces, available parking would be overburdened. She requested that the Council postpone action on the item until funding for the transit system was finalized.

Antoine Puech, representing West Franklin Preservation Partners, said he favored the proposal. Mr. Puech said the 74,000 square foot Pavilion project would require one hundred and sixty spaces under the building, at an estimated cost of $2.2 million. Mr. Puech said it would be impractical to recover the cost of the parking spaces. He stated that the project would become financially feasible with the elimination of parking requirements. Mr. Puech requested that the Council not require developers to pay in-lieu parking fees. He stated that the West Franklin Preservation Partners had invested about $3.2 million in the Pavilion project to date.

Mayor Broun noted that he had previously represented the West Franklin Preservation Partners. Mayor Broun said the Town Attorney had advised him that he could not be excused from voting on the proposal because of this affiliation. He felt, however, that he should disclose this prior representation.

Council Member Andresen noted that waiving parking requirements would provide a subsidy to a particular development and could lead to a parking shortage. Council Member Andresen said she was more inclined to favor the Planning Board's recommendation concerning parking regulations. She inquired whether developments such as The Pavilion would be required to provide parking for residents. Mr. Horton said the staff would need to evaluate proposals on their individual merits in relation to existing development requirements.

Council Member Andresen said there were arguments for enacting flexible or restrictive parking requirement ordinances.

Council Member Werner said the Town's Comprehensive Plan contained a number of conflicting principles concerning parking requirements. He cited the trade-off between making the downtown more vital and decreasing downtown traffic at certain times of the day. Council Member Werner suggested that the Council discuss underlying priorities prior to acting on the proposed text amendment.

Council Member Rimer said he concurred with Council Member Werner concerning conflicting principles in the Comprehensive Plan. He stated that the proposed changes in parking regulations were a step in the right direction. Council Member Rimer said the proposed regulations supplemented the regulations in place, providing developers with additional options. He added that the proposed resolutions addressed the Council's concerns raised at the earlier public hearing.

Council Member Capowski noted that current development regulations had similar square footage minimum requirements for people and automobiles. He said that parking regulations should encourage people not to bring their cars downtown and encourage new businesses by imposing fewer fees and less red tape. Council Member Capowski said people would use alternative means of transportation when given positive incentives.

Council Member Wilkerson said he concurred with Council Member Werner concerning conflicting objectives in the Comprehensive Plan. He said the proposed requirements were a step in the right direction. Council Member Wilkerson said he hoped a compromise could be reached without decreasing the community's quality of life.

Council Member Chilton noted that the East Rosemary Street parking deck would be paid for by its users. He stated that the proposed development ordinance text amendment would reduce the extent to which downtown business customers would help pay for downtown parking. Council Member Chilton said this was unfair to persons who frequented the downtown area but did not drive to the area. Council Member Andresen thanked Council Member Chilton for his remarks. Council Member Chilton noted that if the Manager did not agree with individual transportation management plans, he did not have to accept them as proposed. Council Member Andresen said that if developers requested changes under the new rules, the Council would not have many options. Mr. Karpinos stated that the proposed standards for modification would require making the same findings as in the initial special use permit.

Council Member Herzenberg noted that the proposed amendment would replace parking requirements with a requirement for a transportation management plan. Council Member Andresen said she favored an ordinance including a transportation management plan. Council Member Chilton said the proposal was not to do away with requirements. Council Member Werner noted that the Council could extract necessary parking requirements for current and future projects. He added that the Council would not waive all parking requirements for major projects. Council Member Werner also said the proposed amendment would provide greater flexibility than current regulations.

Council Member Capowski noted that businesses would elect to fill out forms for a transportation management plan rather than paying a fee of $7,000 per parking space. Council Member Herzenberg concurred. Council Member Herzenberg expressed his concern about inadequacies of the Town's public transit system. Council Member Andresen noted that the amended proposal presented the Council with a number of options. Council Member Brown said that parking was currently not a problem in the downtown area. She said the option of providing transportation management plan was a step in the right direction. Council Member Brown noted the need to plan for future transportation needs, including the possibility of rerouting NC 86.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO CLOSE THE PUBLIC HEARING.

Council Member Andresen inquired about the feasibility of amending Ordinance A to add language incorporating the substance of Resolution A. Mr. Horton said it would not be possible to draft language with confidence on the floor this evening. Council Member Andresen withdrew her proposal. Council Member Werner suggested that the words "in concert with parking as required" be added to Ordinance A. Council Member Andresen said this addition would be an improvement. Mayor Broun asked whether there might be a situation in which there would be no parking requirements. Council Member Werner said yes, as or if required. Mr. Karpinos said he had drafted some language that might address these concerns in Ordinance A and Resolution C. He read the proposed language. Mr. Horton said the proposed text amendment would allow the Council a full range of possibilities.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT ORDINANCE 1A, AS AMENDED.

Council Member Rimer said that since proposed Resolution A was time-dependent, it was a bad idea to amend Ordinance A to include language from the resolution. Council Member Capowski said Ordinance A with the proposed modification applied to the town center area. Council Member Capowski said he was somewhat hesitant about adopting an ordinance which was amended on the floor. He asked whether Ordinance A as amended would permit the Council to accept payments in lieu for parking requirements. Mr. Karpinos said he did not believe the ordinance would permit payments in lieu. He stated that the Council's options under the ordinance would permit submittal of transportation management plans or the provision of off-street parking. Council Member Capowski said the ordinance would not remove the developer's option to provide on-site parking.

ORDINANCE 1A AS AMENDED WAS PLACED ON THE FLOOR AND ADOPTED UNANIMOUSLY (9-0).

AN ORDINANCE AMENDING THE CHAPEL HILL DEVELOPMENT ORDINANCE REGARDING DOWNTOWN PARKING REGULATIONS (92-3-23/O-1a)

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

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

SECTION I

ADD a new Subsection 14.6.2(c) to read as follows:

c)For uses located within either Town Center zoning district, compliance with parking requirements may be achieved by providing a Transportation Management Plan subject to approval by the Town Manager or subject to the approval by the Town Council if the proposed use requires Town Council approval. The Transportation Management Plan shall identify efforts to promote the use of alternate modes of transportation and may include required parking.

SECTION II

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

This the 23rd day of March, 1992.

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

A RESOLUTION REGARDING TOWN CODE PROVISION FOR PAYMENT-IN-LIEU OF PROVIDING REQUIRED DOWNTOWN PARKING (92-3-23/R-1a)

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

WHEREAS, during discussion of changes to the downtown parking regulations, the Town Code provisions regarding payment-in-lieu of providing required downtown parking spaces were questioned;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council requests that the Town Manager and the Town Attorney investigate adjustments to the Town Code provisions regarding payments to the Town Parking Fund which would enable an individual to make annualized payments rather than the current, one-time $7,200 payment per required parking space now established;

BE IT FURTHER RESOLVED that the Council requests that the Planning Board and Transportation Board review and comment on this draft amendment;

BE IT FURTHER RESOLVED that the Council requests that the Town Manager bring this item back before the Council at a Public Hearing date to be determined by the Town Manager.

This the 23rd day of March, 1992.

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

A RESOLUTION REGARDING THE DEVELOPMENT ORDINANCE ENFORCEMENT PROVISIONS OF ARTICLE 23 (92-3-23/R-1b)

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

WHEREAS, during discussion of changes to the downtown parking regulations, the Development Ordinance enforcement provisions of Article 23 were questioned;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council requests that the Town Manager and the Town Attorney prepare draft amendments to the Chapel Hill Development Ordinance that would strengthen the Town's enforcement provisions of Article 23;

BE IT FURTHER RESOLVED that the Council requests that the Planning Board and Transportation Board review and comment on this draft amendment;

BE IT FURTHER RESOLVED that the Council requests that the Town Manager bring this item back before the Council at a Public Hearing date to be determined by the Town Manager.

This the 23rd day of March, 1992.

Council Member Andresen inquired whether the intent of the resolution was to strengthen transportation management plans. Mr. Horton said yes.

THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

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

A RESOLUTION REGARDING AN ANNUAL REPORT TO THE COUNCIL ON TRANSPORTATION MANAGEMENT PLANS (92-3-23/R-1c)

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

WHEREAS, during discussion of changes to the regulations which would allow a developer to provide a Transportation Management Plan, a suggestion was made to provide a report each year to the Council regarding any Transportation Management Plans provided;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council requests that the Town Manager provide a report to the Council each January which identifies those who have opted to provide a Transportation Management Plan. This report to the Council shall summaries the content of each of the required annual Transportation Management Plan report provided by these developers;

BE IT FURTHER RESOLVED that the Council requests that the Planning Board and Transportation Board review and comment on the report to the Council;

This the 23rd day of March, 1992.

Item 6 was deleted from the agenda.

Item 7 OWASA Report

Mr. Horton said the staff had exercised diligence in putting information on the Orange Water and Sewer Authority (OWASA) in a fair and balanced manner. He noted that the staff was ready to discuss any questions by the Mayor and Council.

Assistant to the Manager Greg Feller noted that there were currently restrictions on the extension of OWASA service in the University Lake watershed. He said there had been a few exceptions made on the basis of public health and other emergencies. Mr. Feller also stated that the OWASA Board of Director had no policies concerning service extension into the rural buffer. He said there was nothing to indicate that OWASA would serve the rural buffer in the future. Mr. Feller briefly reviewed OWASA's service and rate policies, noting that the utility did not currently reduce fees for low and moderate-income families. He also noted that water and sewer service requests by petition were assessed at 100% of cost. Mr. Feller said that all of OWASA's scheduled capital improvements, with one exception, were in the urban services area. He said the one exception was a possible future intake from Jordan Lake. Mr. Feller said additional public comment could be received on the matter of whether OWASA customers preferred to share the cost of maintaining laterals in the street or make this a private responsibility. He added that the staff was proposing that the Council be consulted on OWASA's proposed capital program in terms of major spending priorities and land use and transportation.

Council Member Rimer thanked the staff for an excellent report. He said Mr. Feller had done a good job of putting comprehensive issues together in a cogent way. Council Member Rimer emphasized the importance of good maintenance in the management of a water and sewer utility. He said that maintenance issues were integral to the rate base.

Council Member Brown said she appreciated the staff's report. She inquired about the estimated duration of OWASA's water supply. Council Member Brown also asked whether growth projections were considered in the supply calculations. Mr. Feller noted that a new capital program had not been adopted since the population projections were released. He said the estimated water supply was ten to fifteen years, with possible use of Jordan Lake water in the future.

Council Member Andresen thanked the staff for an excellent report. She noted that the Council's recent session with the Town's OWASA board representatives had been a good one. Council Member Andresen also noted that OWASA Board Town appointees Tom McCurdy and Riley Wilson were in attendance this evening. She noted the importance of Town input in OWASA's capital program planning.

Council Member Wilkerson inquired whether it was correct that OWASA had $40 to $50 million set aside for capital projects. OWASA Board representative Tom McCurdy said the utility's five year capital program totalled approximately $25 million. He added that the utility's fifteen year capital program might be approximately $40 million. Mr. McCurdy noted that OWASA was placing an emphasis on sewer maintenance in the near future.

Council Member Brown inquired when the next meeting between the Council and Town OWASA Board appointees would take place. She also inquired about the next step in the Division of Environmental Management's monitoring of the Bolin Creek interceptor. Mr. Horton said he was not sure he could answer the latter question, but could make inquiries to Division of Environmental Management staff. He also noted that there were no meetings currently scheduled between the Council and the Town's OWASA Board appointees. Council Member Andresen noted that the OWASA Board had been invited to make quarterly reports to the Council.

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

A RESOLUTION REGARDING CONSULTATION AMONG REPRESENTATIVES OF THE ORANGE WATER AND SEWER AUTHORITY, ORANGE COUNTY AND THE TOWNS OF CARRBORO AND CHAPEL HILL REGARDING THE AUTHORITY'S CAPITAL PROGRAM (92-3-23/R-3)

WHEREAS, the planning and extension of water and sewer services are closely related to local governments plans and policies regarding land use, transportation and other matters; and

WHEREAS, in the Purchase and Sale Agreements between OWASA and the Towns of Chapel Hill and Carrboro, OWASA agreed to notify in writing and confer with representatives of the Towns' governing boards before approval or implementation of any expansion program for its sewer utility system or treatment facility; and

WHEREAS, the Orange County Board of Commissioners, Carrboro Board of Aldermen and Town Council of Chapel Hill in 1989 entered into a Memorandum of Understanding regarding consultation and comment among OWASA and the three local governments; and

WHEREAS, the OWASA Board of Directors' Goals Statement provides in part that OWASA will be guided by the land management plans approved by the government units in the area the Authority serves;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council proposes that OWASA, Orange County, Chapel Hill and Carrboro representatives meet annually to review and discuss the preliminary capital improvements programs as prepared by OWASA staff, and that the local governing boards should have the opportunity to comment on OWASA's capital program before it is adopted by the OWASA Board.

This the 23rd day of March, 1992.

Council Member Andresen suggested that the Council initiate and schedule another meeting with its OWASA representatives.

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

Council Member Andresen suggested that the Council use the document before the Council this evening as a basis for formulating a series of conceptual policies for OWASA matters. She added that the policies could be periodically updated. Council Member Andresen said conceptual goals would be a great aid to the OWASA Board. Council Member Capowski requested a clarification of Council Member Andresen's principal goals. Council Member Andresen said she was proposing to develop a policy goal document for the OWASA Board. Council Member Capowski said he agreed with the need to provide such a document. He suggested that the document could also cover customer relations.

Noting that a major planning task was involved, Mayor Broun suggested that the Council consider the matter at the upcoming Assembly of Governments meeting and the Council's planning and reporting session. Council Member Andresen inquired whether it would be preferable for the Council to have an open dialogue or have individual Council Members provide lists of suggestions. Council Member Herzenberg suggested that the previously established Mayor's Committee on OWASA (Council Members Andresen, Chilton, and Herzenberg) address the situation. Mayor Broun said this was a good idea. Council Member Andresen invited suggestions from other Council Members.

Mayor Broun noted that the Council would have an opportunity to discuss the Chatham County water supply request at the Assembly of Governments meeting. Council Member Wilkerson concurred. Mayor Broun said it was reasonable to defer discussion of the item.

Item 8 Library Bid Package Proposal

Former Mayor Jonathan Howes said he was pleased to present a unanimous recommendation from the Library Committee concerning the bid package proposal. Mr. Howes noted that several members of the Library Committee, Berry Credle, Ruth Thomas, Ed Hinsdale and Joe Herzenberg, were in attendance this evening. He expressed the Committee's appreciation for the capable assistance of Library Director Kathleen Thompson, Assistant Town Manager Sonna Loewenthal and Project Architect Josh Gurlitz. Mr. Howes noted that the memorandum before the Council provided an overview of the project to date. Mr. Howes said he delighted that the Division of Environmental Management's moratorium had been lifted. Mr. Howes noted that the lifting of the moratorium made it necessary to make a minor revision in the proposed resolution. He said that the proposed facility would be sited in natural terrain and would be handicapped-accessible and cost-efficient to operate.

Mr. Gurlitz said he had spent a great deal of time with Town staff pulling together a collective vision of the library project. He noted that the resolution before the Council requested the advertising of bids for the library project. Mr. Gurlitz said the proposed library would occupy a central high space in the middle of Pritchard Park. He briefly reviewed the projects landscaping and tree planting plans. Mr. Gurlitz said the building exterior would harmonize with the surrounding park and would be very energy-efficient. He briefly reviewed proposed uses for the interior of the library building. Mr. Gurlitz said the library's interior plan was very flexible and accessible to the handicapped. He noted that some recycled materials would be used in the building's construction.

Council Member Brown inquired what type of recycled materials would be used in the building and what type of materials would be used to keep heat in the building. Mr. Gurlitz said the building's ceiling tiles would contain up to eight percent recycled materials. He added that the buildings wallboard would contain up to twenty-five percent recycled materials. Mr. Gurlitz stated that recycled carstops and loading dock bumpers were also specified.

Mr. Gurlitz said that the project would use low heat glass with metallic coating on the inside, to reduce the amount of heat gain. He noted that canopy trees were being preserved around the site. Council Member Brown said she appreciated the concern about heat gain. She inquired whether any treatments for heat loss had been incorporated into the building plans. Mr. Gurlitz noted that the interiors package addressed this matter but was not part of the bid package before the Council this evening. He noted that special blinds, curtains, chairs and stacks would reduce heat loss.

Council Member Andresen requested additional information on the building's main entryway orientation. Mr. Gurlitz said the main lobby area was similar to a large air lock which would be minimally heated. He stated that the northern entryway would have the smallest amount of exposure and fewest number of windows of any of the exposures. Council Member Rimer inquired whether the building's plan included conduit for computer upgrades. Mr. Gurlitz said yes, noting that the building had been upfit for flat wire connections. Council Member Rimer inquired whether Mr. Credle favored the proposed computer plans. Mr. Credle said yes. Council Member Andresen inquired when the bonds would be sold and the anticipated level of additional debt service for the library bonds. Mr. Horton said the bonds would be sold after June 1st, with the first full year payment occurring in 1993. He noted that the payment was included in the preliminary budget report to the Council.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT RESOLUTION 4, AS AMENDED, DELETING LANGUAGE PERTAINING TO THE BOLIN CREEK INTERCEPTOR MORATORIUM.

A RESOLUTION AUTHORIZING THE MANAGER TO ADVERTISE FOR CONSTRUCTION BIDS FOR THE CHAPEL HILL PUBLIC LIBRARY (92-3-23/R-4)

WHEREAS, the Library Committee, Library Board of Trustees and staff have thoroughly reviewed the attached drawings; and

WHEREAS, the construction drawings and specifications reflect the intent of the building program accepted by the Council in December 1990: and

WHEREAS, the construction drawings and specifications incorporate all requirements established in the Special Use Permit approval by the Council in April 1991; and

WHEREAS, the design incorporates energy saving features whenever possible;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Manager to advertise for bids for construction of the Chapel Hill Public Library, according to the designs presented to the Council on March 23.

This the 23rd day of March, 1992.

Council Member Capowski noted that a book drop was proposed in the circle in front of the library. He inquired whether a bookdrop was also proposed on Estes Drive. Mr. Gurlitz said only one bookdrop was proposed at present. Council Member Capowski inquired about left turning movements out of the library site onto Estes Drive. Mr. Gurlitz said a left-turn stacking lane was proposed out of the library site. Council Member Capowski inquired whether a traffic light was proposed out of the site. Mr. Horton said no. Council Member Rimer inquired when building site location flags would be in place. Mr. Gurlitz said this would occur when contracts for building construction had been let.

RESOLUTION 4, AS AMENDED, WAS PLACED ON THE FLOOR AND ADOPTED UNANIMOUSLY (9-0).

Mr. Howes inquired when groundbreaking was proposed. Mr. Horton said groundbreaking was proposed this summer.

Item 10 Traffic Management System

Traffic Engineer Saleem Khattak presented a slide show depicting traffic conditions around the Town and the proposed automated integrated signal system. He noted that funding for the signal system consisted of $1.2 million from the State and $123,000 plus utility costs from the Town. Mr. Khattak said the system would include a total of seventy-one traffic signals. He provided a brief overview of the system's wiring and computerized capabilities. Mr. Khattak said the proposed system would improve traffic operations by reducing travel time and delays and air pollution and gasoline consumption. He noted that the system also had the capability of facilitating emergency and transit vehicle priorities. Mr. Khattak also stated that some existing traffic controller equipment was no longer serviceable.

Council Member Rimer inquired whether traffic control by zones would be possible within twelve to eighteen months. Mr. Khattak said this was correct. He noted that initial preference would be given to control zones one, two and six. Mr. Khattak said the system's design was 95% complete, while the aerial communication design was completed. Mayor Broun inquired about the system's susceptibility to a central computer malfunction. Mr. Khattak said there were two back-up levels of redundancy, one of which was traffic-responsive. Council Member Capowski inquired who was writing the system's software. Mr. Khattak said several vendors were writing the software since a closed-loop system was involved. He noted that the Town would have access to the system's source code.

Item 11 Home Rule Legislation

Council Member Brown noted that although local governments had many services to provide, they had limited fiscal means to pay for them. Council Member Brown said the resolution before the Council supported home rule and the provision of greater flexibility in alternatives to the property tax.

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

A RESOLUTION SUPPORTING THE CONCEPT OF HOME RULE AND THE NEED FOR GREATER LOCAL FLEXIBILITY TO CHOOSE ALTERNATIVES TO THE PROPERTY TAX (92-3-23/R-5)

WHEREAS, municipal and county governments are closest to the people; and

WHEREAS, local governments are required to hold public hearings on annual budgets including revenue sources and services to citizens; and

WHEREAS, the property tax is one of the most unpopular of all taxes, but local governments have limited discretion to enact alternative revenue sources to balance annual budgets without property tax increases; and

WHEREAS, federal and State requirements of many types add to the cost of providing local services, but such requirements often do not include additional resources to provide such services; and

WHEREAS, some States' legislators have given local governments greater flexibility to meet local needs and to provide resources through alternatives to the property tax; and

WHEREAS, House Speaker Daniel T. Blue has noted the need for local governments to have additional revenue sources available for municipal and county services;

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

1. Supports the concept of "home rule," which refers to giving local governments greater flexibility to use alternatives to the property tax, to provide new services to citizens and to adopt ordinances addressing areas of special local concern.

2. Reaffirms in particular its support for broader authorization of local revenue sources as alternatives to the property tax.

This the 23rd day of March, 1992.

Council Member Herzenberg suggested that the Council's adopted resolution be forwarded to Speaker Blue, members of the local legislative delegation, and the North Carolina League of Municipalities. Council Member Brown suggested that the resolution be personally presented to Speaker Blue.

THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 12 Consent Agenda

COUNCIL MEMBER WILKERSON MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 6. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION APPROVING VARIOUS RESOLUTIONS (92-3-23/R-6)

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

a. Minutes of March 2, 1992.

b. Bids for Skid-steer loader (R-7).

c. Bids for street resurfacing (R-8).

d. Surplus property disposition (R-9).

e. 1992-93 Comprehensive Improvement Assistance Program submittal (R-10).

This the 23rd day of March, 1992.

A RESOLUTION AWARDING A BID FOR THE PURCHASE OF A LOADER WITH ATTACHMENTS (92-3-23/R-7)

WHEREAS, the Town of Chapel Hill solicited formal bids by legal notice in The Chapel Hill Newspaper on February 19, 1992, in accordance with G.S. 143-129 for a Skid-Steer Loader with attachments; and

WHEREAS, the following bids were received and opened on March 2, 1992:

Case Power & Rammax

Equipment Machinery Company

Loader Unit $13,500.00 $15,232.00

Attachments:

Backhoe w/ trenching

bucket 5,022.00 6,897.00

60" Utility bucket 387.00 692.00

60" bucket w/teeth 1,400.00 1,740.00

Hydraulic trencher 2,373.00 No Bid

Total Cost $22,682.00 $24,651.00

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town accepts the bid of Case Power & Equipment Company for a loader with attachments in the amount $22,682.00.

This the 23rd day of March, 1992.

A RESOLUTION AWARDING A CONTRACT FOR RESURFACING OF STREETS (92-3-23/R-8)

WHEREAS, the Town of Chapel Hill has solicited formal bids by legal notice in The Chapel Hill Newspaper on March 11, 1992, in accordance with G.S. 143-129 for the resurfacing of streets; and

WHEREAS, the following bids were received, opened and publicly read on March 10, 1992:

BIDDER BASE BID ALTERNATE I Total

Riley Paving Co. $136,515.00 $ 18,000.00 $154,515.00

Nello L. Teer Co. 149,510.00 25,560.00 175,070.00

Thompson-Arthur Co. 178,242.00 24,600.00 202,842.00

C.C. Mangum Inc. 179,620.00 24,300.00 203,920.00

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council accepts the March 28 bid of Riley Paving Company for street resurfacing in the amount $136,515.00 received in response to the Town's request for bids published March 1 and opened March 10 in accord with G.S. 143-129.

BE IT FURTHER RESOLVED that the Manager is authorized to execute a contract with Riley Paving Company in the amount $136,515.00 and to initiate and sign change orders that will increase the amount of street resurfacing work within the budgeted amount.

This the 23rd day of March, 1992.

A RESOLUTION DECLARING THE FOLLOWING ITEMS OF PERSONAL PROPERTY TO BE SURPLUS AND AUTHORIZING AND DIRECTING THE DISPOSAL OF SAID PROPERTY IN ACCORDANCE WITH STATUTORY REQUIREMENTS (92-3-23/R-9)

WHEREAS, Article 12 of NC General Statutes 160A and Section 4.16 of the Charter of the Town of Chapel Hill authorizes the Town to dispose of surplus property; and

WHEREAS, the Town desires to dispose of certain items of personal property;

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

1. That the following items of personal property are hereby declared surplus:

QUANTITY ITEM

(1) 1981 Mercury 4S

(6) 1989 Ford 4S

(1) 1988 Chevrolet 4S

(1) 1978 Dodge Van

(1) 1982 Dodge Pick Up

(1) 1985 GMC Rear Loader Garbage Truck

(1) 1986 White Front Loader Garbage Truck

(1) 1985 Chevrolet Cab & Chassis

(1) 1978 Chevrolet Bucket Truck

(1) 1979 Chevette 4S

(2) 1986 Plymouth Reliant K Cars

(2) 1986 Dodge Lift Equipped Vans

(1) 1968 GMC Bus

(1) 1974 GMC Bus

(1) 1979 Datsun Truck

(1) 1983 Chevrolet Pick Up

(1) Assorted Light Fixtures

(2) Electric Chandeliers

(1) Assorted Plumbing Fixtures

(1) 28' Extension Ladder

(1) Assorted Hydraulic Fittings

(1) Parts Washer Vats

(1) 453 Detroit Diesel Engine

(1) Pallet of Assorted Auto Parts

(1) Gerber Sign Making Machine

(1) Assorted Push Lawn Mowers & Parts

(1) Chain Saw

(4) Weedeaters

(1) Backpack Leaf Blower

(2) IBM Computer Monitors

(1) IBM Personal Computer

(1) Home Dishwasher

(10) Riot Helmets and Face Shields

(12) Gas Masks and Filters

(1) Sound Level Meter

(2) Radiation Detection Instruments

(1) IBM Typewriter

(1) Edcor Microphone Mixer, MX200

(1) Rauland Microphone Mixer, Model 3535

(1) Rauland Equalizer, Model 6209

(1) Epson Printer

(2) CRTs, Keyboard, Microdata Terminal

QUANTITY ITEM (continued)

(2) Small Oxygen Tanks

(1) Small Fire Hatchet

(1) Kodak Ektaflex Print Maker Model 8

(1) Rotary Dial Desk Telephone, Beige

(2) Westinghouse Photocopier Lamps

(6) CRP Shields, Samaritan

(1) Grey Change Box, 10" x 7"

(2) Pairs Crutches

(1) Compaq Portable Computer

(2) Microwave Ovens

(4) Boxes of Clothing

(4) Rowing Machines

(6) Electric Stoves

(50) Gas Ranges

(1) Lot of Fareboxes

(2) Metal Doors, 36" x 83"

(61) Refrigerators

(1) Quietwriter Printer Unit

(1) Electric Stapler

(1) MacIntosh Computer

(6) Bags of Transit Uniforms

(1) Planner-Molder, Sears Model 12

(1) Kazoo-Kohler Lawn Mower, 5 HP

(1) Kut-Kwick Lawn Mower, 48' Cut, 16 HP

(1) Apple Computer

(2) Allison V Drive Transmissions

(1) V Drive Plate

(1) Pallet of Glass

(1) Emerson Microwave Oven

(1) Miscellaneous Office Supplies

(1) Microfilm Reader

(20) Metal Lockers

(1) Tow Bar for GMC Bus

(6) Pallets of Brake Drums and Scrap Metal Parts

(1) RTS Engine Cradle

2. That the Purchasing Agent of the Town of Chapel Hill shall be and is hereby authorized to dispose of this surplus personal property in accordance with statutory requirements.

3. That the public auction is to take place on Saturday, April 25, 1992, at 10:00 a.m. at the Municipal Operations Facility, 1099 Airport Road, Chapel Hill with a rain date of May 9, 1992.

4. That prior to the public auction the Purchasing Agent is authorized to dispose of any of this person property by sales, lease, exchange, or transfer to other governmental units in conformity with NC General Statues 160A-266.

5. That the terms of sale shall be to the highest bidder for cash or other form of cash equivalent acceptable to the Purchasing Agent. All sales shall be designated final on the day of the auction.

6. That all items shall be sold on an "as is" and "where is" basis and the Town makes no guarantee of and assumes no responsibility for any of the items.

7. That it shall be condition of sale that all items purchased shall be picked up and removed from the premises of the Municipal Operations Facility by 3:00 p.m. on the day of the auction. Successful bidders shall bear the sole risk for loss of any items remaining on said premises past the designated time.

BE IT FURTHER RESOLVED that any surplus property not sold at the public auction or leased, exchanged or transferred to a another governmental agency shall be sold by the Purchasing Agent by private negotiation and sale in conformity with NC General Statute 160A-267, and that the Town may dispose of all metal surplus by selling to a metal recycler.

This the 23rd day of March 1992.