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

HILL, NORTH CAROLINA WEDNESDAY, OCTOBER 28, 1992 AT 7:30 P.M.

Mayor Broun called the meeting to order. Council Members in attendance were Julie Andresen, Joyce Brown, Mark Chilton, Joe Herzenberg, Alan Rimer and Arthur Werner. Council Member Joe Capowski was absent excused. Also in attendance were Assistant to the Mayor Lisa Price, Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller and Town Attorney Ralph Karpinos.

Item 1 Ceremony

Mayor Broun introduced Appearance Commission Chairperson Nancy Gabriel to present the first annual Community Appearance Awards. Ms. Gabriel said she hoped that the program would promote awareness of the community's appearance. She expressed thanks to Council Member Brown for her assistance as the Commission's liaison to the Council. Ms. Gabriel also expressed thanks to the Village Company for their generosity and sponsorship of the awards program. She introduced Commission members Dianne Bachman, Paul Fullagar, Ted Hoskins, Weezie Oldenburg, Jack Shannon, Milton Van Hoy, Carol Whisnant and Mark Zack. Ms. Gabriel also introduced Joan Page, awards coordinator, to present the awards. Ms. Page introduced the awards judges Cassandra Sloop, Dot Wilbur, Jim Webb, Ted Abernathy and Senator Howard Lee, who was unable to attend the ceremony, due to a prior commitment. Ms. Page presented appearance awards to the following organizational representatives:

Harold White Europa Center

Dr. Allan Briggaman Private citizen

Sally Jessee Marin Development-Steeplechase

Dorie O'Toole Eastgate Shopping Center

Kevin Byrd Carolina Inn

Sarah Edwards Carter Airport In-Town Taxi

Phyllis Lotchin, Downtown Commission

Michael Brown

Ms. Page also recognized Downtown Commission representative Ken Jackson and the Glaxo Corporation for their assistance and support in the awards program. Ms. Gabriel thank all the program's participants and congratulated the winners of the first annual awards. Mayor Broun expressed the Council's appreciation to Ms. Gabriel and members of the Appearance Commission.

Item 2 Appointment to Council

Mayor Broun noted that Mickey Ewell and Ed Devaney had withdrawn their names from appointment consideration. Council Member Andresen said the application review process had started slowly. She said that Sunday evening's forum was helpful in learning about the talents of individual applicants for the Council vacancy. Council Member Andresen thanked all the applicants for their time and energy. Council Member Andresen also said she was impressed by responses offered by a number of the applicants, including Ms. Nesnow's response on balancing economic growth and some of Mr. Peace's suggestions. She stated that all three black female applicants were highly-qualified and were very able to fill the vacancy. Council Member Andresen said Ms. Williams offered many years of commitment to the Town.

Council Member Andresen read a statement from Council Member Capowski, who was unable to attend the meeting, due to a prior professional commitment. Council Member Capowski's statement noted that he had watched the videotape of Sunday night's forum and had talked to most of the applicants. Council Member Capowski said he supported the appointment of either Barbara Powell or Joyce Roland. He thanked all the candidates for their interest in the Council vacancy.

Council Member Werner said the process had been a difficult one due to the superior qualifications of all of the applicants. He thanked all of the applicants for their willingness to serve and participate. Council Member Werner expressed hope that all who had participated in the process would continue to serve the community in one way or another. Council Member Werner said Mr. Peace had some interesting ideas to increase the tax base, while Ms. Roland had some innovative proposals on issues confronting the community and Ms. Nesnow had creative ideas on a variety of matters. He also noted Mr. Ewell's history of participation, Ms. Williams' leadership ability, Mr. Strevel's ideas on the university and property tax rates, Ms. Evans many years of community service, Ms. Powell's interest in neighborhood protection and Mr. Tripodi's interest in business community matters. He also wished Mr. Devany a rapid recovery from his recent surgery. Council Member Werner said he thought Ms. Powell most closely met the Council's criteria for selecting a representative respected by the entire community.

Council Member Herzenberg said the process had been a considerable improvement over the process used when a Council vacancy had last arisen. He noted that there had been no opportunity for public involvement in the last process. Council Member Herzenberg said he felt a responsibility to fill the vacancy with a person as similar as possible to the person formerly filling the position.

Council Member Brown noted that the selection process had not been a easy one due to the high quality of the applicants. Council Member Brown said she had learned something from each of the applicants. She also thanked each of the applicants for their willingness to be considered. Council Member Brown said she would support the appointment of Barbara Powell to fill the vacant seat.

Mayor Broun said he shared the earlier views expressed about the excellent group of candidates. He stated that several of the candidates had very good ideas. Mayor Broun said that he would support the candidacy of Barbara Powell to fill the vacancy.

BARBARA POWELL WAS UNANIMOUSLY ELECTED WITH SEVEN VOTES. ORIGINAL VOTING BALLOTS ARE ON FILE IN THE CLERK'S OFFICE.

Mayor Broun said he hoped that the applicants not appointed to the vacancy would remain involved in Town affairs.

There were no hearings.

Item 4 Petitions

Council Member Andresen suggested that the Council consider giving symbolic fiscal support to the North Carolina High School Athletic Association for its work in bringing approximately seventy thousand visitors to the Town each year. She noted that the Town was required to give at least ten percent of its annual hotel-motel tax proceeds to cultural and visitor activities. Council Member Andresen said she believed that the Council made an error in not making an allocation to this organization. She requested that the Manager investigate the matter and present a report on possible funding options at the next meeting. Noting that he had conferred about the matter with Council Member Andresen earlier in the day, Council Member Rimer noted that the Council had previously agreed to reexamine the process of allocating hotel-motel tax funds. Council Member Brown said if the entire allocation process were reopened, it would be appropriate to notify all affected agencies of the proposed change in process. Mayor Broun said he understood the request to be for a possible additional grant for the North Carolina High School Athletic Association, rather than a reopening of the hotel-motel tax allocation process. Council Member Andresen said the Orange County Visitor's Bureau might also merit consideration for additional funding. Council Member Brown said there were many good causes which would welcome additional funding from the Town.

Council Member Andresen said she was not proposing that the current year's hotel-motel allocation process be reopened. Council Member Andresen said she felt the Council had erred in not adopting the staff's recommendations concerning proposed allocations. Council Member Werner said he believed the Town could look at an allocation to the North Carolina High School Athletic Association as having a future rate of return. Council Member Werner suggested that staff be responsible for making recommendations concerning future allocation of hotel-motel funds. Council Member Rimer said he believed that allocations to groups such as the Junior Olympics resulted in future returns for the community. Mayor Broun said he concurred that the hotel-motel allocation process merited reexamination.

Council Member Herzenberg suggested that local agencies be informed of possible changes in the allocation process. Mayor Broun noted that the petition was for a specific funding request. He added that the High School Athletic Association was a unique organization and funding situation which merited the Council's consideration. Council Member Andresen reiterated the need for a reexamination of the hotel-motel tax allocation process.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO REFER THE MATTER TO THE TOWN MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

Mayor Broun inquired whether the matter could be brought back at the next Council meeting. Mr. Horton said yes.

Council Member Rimer noted that the Triangle J Council of Governments had established a Herb Stout Leadership Award to recognize persons who served as ambassadors for the region and communities. He suggested that the Council nominate former Mayor Jonathan Howes as the Town's nominee for this recognition. Council Member Rimer added that the City of Durham also planned to nominate Mr. Howes for the award.

THE COUNCIL RECOMMENDED BY ACCLAMATION THAT JONATHAN HOWES BE NOMINATED FOR THE TRIANGLE J COUNCIL OF GOVERNMENTS' HERB STOUT LEADERSHIP AWARD.

Item 5 Boards and Commissions

Mayor Broun suggested that the Council consider establishing a process for recruiting citizens to serve on advisory boards and commissions. He suggested that each Council Member could possibly recommend one person each to recruit citizens to serve on boards and commissions. Council Member Herzenberg noted that Council Member Brown and himself would address this matter in their work to update the Council's Procedures Manual. Council Member Andresen asked whether Mayor Broun was proposing that each Council Member suggest a member for a working or standing committee. Mayor Broun said the working group would be asked to present recruitment options to the Council. Council Member Andresen said this appeared to be a worthy goal. Council Member Herzenberg said the proposed committee would be able to report back prior to the new appointment schedule in the spring.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO NOMINATE ELISE SLOAN FOR APPOINTMENT CONSIDERATION TO THE BOARD OF ADJUSTMENT. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO NOMINATE ALL FOUR APPLICANTS TO THE HOUSING ADVISORY BOARD. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

Council Member Rimer noted that there were three vacancies on the Board, rather than two, due to the appointment of Ms. Powell to the Council.

Mayor Broun said that the Council was being asked to make one appointment recommendation to the Orange County Animal Shelter/Operations Study Committee. Council Member Werner recommended C. William Davis for the appointment recommendation.

MR. DAVIS WAS RECOMMENDED FOR THE APPOINTMENT RECOMMENDATION WITH SIX VOTES (ANDRESEN, BROWN, BROUN, CHILTON, RIMER AND WERNER). JUDITH JONES RECEIVED ONE VOTE (HERZENBERG). ORIGINAL BALLOTS ARE ON FILE IN THE CLERK'S OFFICE.

Jasmine Beach-Ferrare, Chapel Hill High School Student Body President, encouraged the Council and interested citizens to visit the high school campus to see the overcrowding of existing facilities. Ms. Beach-Ferrare said the overcrowding was effecting the school's sense of community. She requested the Council's and public support of the bond referendum for school facilities.

Item 6 Steep Slopes DOTA

Mr. Horton said a second reading of the ordinance was necessary this evening, since the vote had received five votes, rather than six votes required for passage, on first reading.

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

Council Member Herzenberg said he had supported the proposed ordinance in principle, but the proposal might precluding any building activity in areas such as Culbreth Park and Glendale. He said additional information on specific application of the proposed ordinance was needed.

Council Member Andresen said she supported the proposed ordinance. She also said the proposed amendment would not interfere with design alternatives. Council Member Andresen said the Council could make exceptions to regulations, if necessary.

Council Member Rimer suggested referring the matter back to boards and commissions for further review. He expressed concern that adoption of the ordinance amendment prior to consideration of design manual standards was a piecemeal approach. Council Member Rimer requested that the Council delay adoption of the amendment until the proposed design standards were presented to the Council. Council Member Chilton suggested adoption of the proposed amendment, with the understanding that the Council could review the matter in the near future.

THE MOTION WAS PLACED ON THE FLOOR AND ADOPTED BY A VOTE OF 6-1, WITH COUNCIL MEMBER RIMER VOTING NO.

Item 7 OWASA-Related Issues

Council Member Andresen said she proposed that the Mayor and Council establish a work group on OWASA-related matters. She suggested that the group have a clear charge of issues for discussion. She suggested that the Council's policy document could be discussed by the work group. Council Member Brown said the resolution appeared to be open-ended concerning matters for discussion. Council Member Herzenberg said the proposal was generally a good idea. He suggested that the Council discuss the proposed issues prior to initiating the group's activities. Council Member Herzenberg also suggested that the group not discuss issues which had not been discussed by the Council. Council Member Andresen suggested that the group could make suggestions to the Council and other local government boards concerning discussion topics. Council Member Brown suggested that discussions by limited to matters previously discussed by the Council. Mayor Broun suggested that the group have a very general charge or resolution.

Council Member Werner said the Council and other local government boards could identify key ideas and matters for discussion. He suggested that the work group could develop recommendations for consideration by the local government boards. Council Member Werner said he was comfortable with giving the group a fairly wide latitude. Council Member Werner said he supported the proposed resolution as drafted. Council Member Andresen said the proposed resolution could possibly be reconsidered once the work group met. Council Member Herzenberg inquired whether Orange County and Carrboro officials were also interested in forming a work group. Council Member Andresen said yes, noting that several key issues would require agreements between the three local governments. Mayor Broun inquired whether the Council was comfortable appointing three Council Members to the work group. The Council concurred.

RESOLUTION 1 WAS PLACED ON THE FLOOR AND ADOPTED UNANIMOUSLY (7-0).

A RESOLUTION REQUESTING FORMATION OF A WORK GROUP TO DISCUSS OWASA-RELATED ISSUES (92-10-28/R-1)

WHEREAS, the Board of Commissioners of Orange County, Board of Aldermen of the Town of Carrboro, Chapel Hill Town Council and the Board of Directors of the Orange Water and Sewer Authority entered into a Memorandum of Understanding in 1989 regarding the need to enhance communication; and

WHEREAS, members of the above boards met jointly as the Orange County Assembly of Governments on April 1, 1992 and agreed on the need to identify and discuss OWASA-related issues; and

WHEREAS, intergovernmental work groups have been effective in developing recommendations to the governing boards regarding the Joint Planning Agreement, University Lake watershed protection and Durham-Orange planning issues including greenway corridor plans;

NOW, THEREFORE, BE IT RESOLVED by the Town Council of Chapel Hill that the Council requests that the Board of Commissioners of Orange County, Board of Aldermen of the Town of Carrboro, Chapel Hill Town Council and the Board of Directors of the Orange Water and Sewer Authority each designate up to three representatives to serve as an advisory working group to identify key issues and to develop recommendations for consideration by the Boards on such matters as the Boards may from time to time ask the work group to address, and on such matters as the work group deems appropriate.

This the 28th day of October, 1992.

Mayor Broun said he would appoint the Mayor's Committee on OWASA matters to serve as the Town's work group. He noted that Orange County and the Town of Carrboro would also need to appoint work groups.

Motorboat Usage at Cane Creek Reservoir

Council Member Werner expressed concern about the proposal for motorboat usage at the Cane Creek reservoir. He noted that many years and a good deal of money were invested in the community's future water source at Cane Creek. Council Member Werner said he was very concerned about maintaining high quality drinking water standards. He briefly reviewed the proposed resolution, noting that Council Member Chilton had recommended amending the resolution by adding language concerning the usage of non-motorized kayaks and canoes at the reservoir.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT RESOLUTION 2, AS AMENDED.

Council Member Rimer said he seconded Council Member Werner's concerns about the quality of drinking water. He inquired why the proposed policy differed from that at University Lake. Council Member Werner noted that Cane Creek was much larger than University Lake, necessitating different safety standards. Council Member Andresen said she was very much in agreement with Council Member Werner's concerns. She stated that liability and safety concerns appeared to be the primary reasons for permitting motor usage at the Cane Creek reservoir.

Council Member Herzenberg noted that the OWASA staff at University Lake was overworked in terms of recreational usage. James Mergner, Vice-Chair of the OWASA Board of Directors, distributed OWASA's quarterly report to the Mayor and Council. He also noted that the Board had deferred action on Cane Creek motorboat usage at its last meeting. Mr. Mergner added that the idea of gasoline motor usage had not been specifically discussed by the Board. He noted that the Board would discuss motorboat usage at Cane Creek in the near future. Mr. Mergner said the Board appeared to have some concerns about opening the Cane Creek reservoir for recreational purposes. He noted that OWASA Board members David Moreau, Tom McCurdy, Riley Wilson and Executive Director Everett Billingsley were also in attendance this evening. Council Member Andresen inquired about the most effective way for the Council to communicate its stand on Cane Creek usage to the OWASA Board. Mr. Mergner said passage of a resolution might be the most effective means. Council Member Rimer noted that motorboat usage involved a matter of relative risk. He added that the risk balance was between the needs of fifty boaters and the water supply of sixty thousand persons.

David Moreau said the matter of motorboat usage was still under discussion. He also said the concern about the potential for gasoline contamination at the reservoir was a bit overstated. Mr. Moreau said although the matter of water quality versus permitting recreational boating was not inconsequential, OWASA had agreed in its environmental impact statement to have Cane Creek open for fishing. He emphasized the importance of giving considerable weight to the safety of boaters on the reservoir. Council Member Brown inquired when the Board had discussed possible motorboat usage at Cane Creek reservoir. Mr. Moreau said such discussions had occurred at the last meeting and would occur at the next board meeting.

Council Member Werner said a risk management judgement was being made, with the protection of drinking water having the highest priority. He expressed appreciation to the OWASA Board for delaying action on the matter. Council Member Andresen encouraged the Town's OWASA representatives to explore other options for recreational boat usage at Cane Creek. Council Member Rimer noted that a fair amount of data had been collected concerning the usage of motor boats at High Point Lake, a secondary water supply for the City of High Point. Council Member Rimer said he was willing to work with the OWASA Board members on this investigating this matter.

RESOLUTION 2, AS AMENDED, WAS PLACED ON THE FLOOR AND ADOPTED UNANIMOUSLY (7-0).

A RESOLUTION REGARDING A PROPOSED POLICY ON USE OF GASOLINE MOTORS FOR RECREATIONAL BOATING IN THE CANE CREEK RESERVOIR (92-10-28/R-2)

WHEREAS, the Cane Creek reservoir is the primary drinking water supply for about 60,000 people in the Chapel Hill-Carrboro area; and

WHEREAS, the Cane Creek reservoir project cost about $19 million and it represents a major investment in a high quality water supply; and

WHEREAS, the citizens of the Chapel Hill-Carrboro area through OWASA's fees and charges are paying and will in the future pay for acquisition of watershed lands and conservation easements to help protect the water supplies; and

WHEREAS, pollution from gasoline engines and the potential for leaks and spills in water supplies are a concern to the Council and to many citizens;

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

* Strongly encourages the OWASA Board to consider water quality as the dominant consideration in evaluating recreational use of Cane Creek reservoir and especially in considering the question of whether gasoline engines should be allowed.

* Opposes the recreational use of gasoline engines in Cane Creek reservoir.

* Encourages OWASA to consider restricting recreational boating if it cannot be done in a manner which is both safe for the boaters and is safe for the many citizens who rely on OWASA's water supplies.

* Encourages OWASA to modify or eliminate the proposed fourteen foot length limitation as it applies to non-motorized canoes, kayaks and sailboats.

This the 28th day of October, 1992.

Council Member Andresen inquired about the possibility of a Council Member attending the next OWASA Board meeting. Council Member Werner said Council Member Andresen or himself could attend the next meeting.

Mayor Broun noted that OWASA Board Chairperson Lois Herring had requested that the Council provide a representative to assist with developing a water and sewer assistance program for low-income families. Mayor Broun suggested that Council Member Powell could assist in this capacity. Council Member Powell agreed to serve in this effort.

Item 8 Engineering Design Manual

Town Engineer George Small briefly reviewed the status of the design manual, noting that the design manual committee would seek preliminary feedback from advisory boards and commissions.

Council Member Brown asked whether the proposed manual would be presented as a whole or in sections. Mr. Small said the document would be presented as a whole, divided by chapters. Council Member Andresen said she had two general concerns: the proposed reduction in the number of street classifications to three and methods for the provision of lighting in neighborhoods. Council Member Rimer said he favored bringing back the document as whole. Mayor Broun noted that an amended draft resolution, including referral to additional boards and commissions, was at the Council's table this evening.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 3, AS AMENDED. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

A RESOLUTION RECEIVING A PRELIMINARY DRAFT OF THE DESIGN MANUAL AND REFERRING IT TO BOARDS AND COMMISSIONS FOR REVIEW AND COMMENT

(92-10-28/R-3)

WHEREAS, the Council adopted the Chapel Hill Design Guidelines in 1989; and

WHEREAS, support documents including the Design Manual, Construction Specifications, and Construction Details require revision and updating to complement and/or supplement the objectives stated in the adopted Design Guidelines; and

WHEREAS, a preliminary draft of proposed revisions to the Design Manual has been prepared by the committee selected to develop revisions to documents supporting the adopted Design Guidelines.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council receives the preliminary draft of the Design Manual (dated 10/92) and refers said preliminary draft to the following boards and commissions for review and comment:

* Planning Board

* Transportation Board

* Parks and Recreation Commission

* Design Review Board

* Appearance Commission

* Greenways Commission

* Historic District Commission

BE IT FURTHER RESOLVED that the Council requests comments from the local Design Council regarding the proposed revisions; and

BE IT FURTHER RESOLVED that the Council wishes to provide comments on the draft Design Manual at a work session and/or public meeting following incorporation of review comments from the above boards and commissions into a revised draft document.

This the 28th day of October, 1992.

Item 9 Quarterly Reports

OWASA Board Chairperson Jim Mergner said the Town's Board representative appreciated the opportunity to give a brief quarterly report to the Council. He noted that design work on the Bolin Creek interceptor project was proceeding well. Mr. Mergner also said the Board would have extensive discussions about recreational uses at Cane Creek in the future. He stated that the recently adopted policy concerning sewer laterals was a good step forward. He added that the Board did not adopt a broader policy assuming responsibility for laterals in road rights-of-way. Council Member Andresen inquired why this provision was not supported. Mr. Mergner noted that it was quite difficult to specifically identify the location of sewer blockages. He said the proposed broader policy would have been quite difficult to administer.

Mr. Mergner said the Board had received the Council's recent letter concerning water and sewer policies. He also said the letter suggested that the OWASA Board and staff had goals and interests similar to those of the Council. Mr. Mergner stated that some local residents were concerned about proposed sewer assessment projects. Council Member Andresen inquired about specific concerns by Glen Heights residents relative to assessments. Mr. Mergner said the residents were generally concerned about the proposed assessment level for sewer improvements. He added that OWASA was limited in its capacity to assist in this regard. Council Member Andresen said it was important to work together on these concerns. She added that the Council might want to discuss situations such as the Glen Heights sewer extension project in the future.

Mayor Broun inquired about proposed improvements at the University Lake dam. Mr. Mergner said actual bids for the project were well above engineer's project estimates. Mayor Broun inquired about the possible curtailment of recreational uses at University Lake. OWASA Executive Director Everett Billingsley said dam safety standards had changed significantly since construction of the University Lake dam in 1930. He said the area at the entrance to the dam needed to be raised six to eight feet to hold back larger storm events. Mr. Billingsley briefly detailed plans for relocation of facilities at the University Lake recreation area.

Mr. Horton said he continued to seek advise and suggestions on how to make the Town's quarterly report more useful to the Mayor and Council. He briefly reviewed the status of the Town's three major capital projects, noting that the parking facility was approximately six to eight weeks behind schedule and the first footings and foundations had been poured at the public housing site. Mr. Horton also reported that many recent thefts were related to drug activity. He also noted that both the Intimate Bookshop and Eastgate Food Lion were making good progress in planning for rebuilding of their facilities. In reviewing activities of the Public Works Department, Mr. Horton noted that 8.2% of the waste stream was currently being recycled. He added that it was significant that the Town was able to send a six person volunteer crew to assist with Hurricane Andrew disaster relief efforts. Mr. Horton stated that CSX Railroad had produced a video detailing cooperative ventures between private concerns and state and local governments in handling the disaster relief effort.

Mr. Horton said the Town was seeing a steady climb in the use of its recently inaugurated Green Line bus service. He also noted that overall bus ridership was down somewhat, possibly due to the late start of the University's fall semester. Mr. Horton stated that parking revenues had also declined, primarily due to the general decline in business activity. He said there had been significant outcomes from recent discussions with Department of Transportation concerning funding of roadway project amenities. Mr. Horton also reported that the Town had experienced a significant increase in the number of proposed residential subdivision lots. He stated the Town had recently received an additional $51,000 grant for drug elimination programs. Mr. Horton said that library circulation had increased by seven percent over the last year. He added that a memorandum would be presented to the Council in the near future concerning possible future uses of the library building. Mr. Horton reported that renovations at the Community Center and Umstead Park continued.

Council Member Rimer asked whether the contract for the parking deck contained a clause for liquidated damages. Mr. Horton said yes, adding that there was normally some negotiation in these matters. Council Member Rimer inquired about the possibility of liquidating and refinancing bonds for the parking facility. Noting that the Town had received a fairly favorable interest rate for the bonds, Mr. Horton said it would be quite difficult to make refinancing arrangements at this point. He added that it might be possible to get a more favorable interest rate in the future. Council Member Rimer noted that a larger number of development and design applications had been reviewed, despite reduced staffing levels. Council Member Rimer requested additional information concerning the level of participation in Parks and Recreation program activities. Mr. Horton said he could provide additional information in this regard.

Council Member Brown inquired about the impact of the University's new parking deck on bus ridership. Mr. Horton said he could provide additional information on this matter. Council Member Brown also inquired about projected waste tonnage at the landfill facility. Mr. Horton said staff could provide comparative and analytical information concerning waste tonnage projections. Mayor Broun said he felt the revised Quarterly Report was a step in the right direction in terms of format.

Item 10 Consent Agenda

Council Member Herzenberg requested removal of item "a" from the consent agenda.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO ADOPT THE BALANCE OF THE CONSENT AGENDA. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS (92-10-28/R-4)

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

a. Minutes of September 29.

b. NC 86 Park and Ride Lot (R-5).

c. Follow-up on Bicycle Advisory Committee recommendations

(R-6).

d. Response to Orange County Commission cable television franchise concerns (R-7).

e. Final balancing change order for Estes Drive widening

(R-8).

f. Referral of Durham urban area regional bicycle plan

(R-9).

This the 28th day of October, 1992.

A RESOLUTION DIRECTING THE MANAGER TO PROCEED WITH THE EVALUATION OF ALTERNATIVE SITES WITHIN THE N.C. 86 CORRIDOR FOR THE LOCATION OF A 500 SPACE PARK/RIDE FACILITY (92-10-28/R-5)

WHEREAS, the Town of Chapel Hill has included a park/ride facility along N.C. 86 in its Comprehensive Plan and Short Range Transit Plan; and

WHEREAS, the Town owns a parcel of land on the west side of N.C. 86, known as the Maddry property, which has been considered as a possible location for a park/ride facility; and

WHEREAS, the Town of Chapel Hill has evaluated potential park/ride sites within the N.C. 86 corridor; and

WHEREAS, the Maddry property does not represent a favorable location for constructing a park/ride facility;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council directs the Town Manager to continue to evaluate alternative park/ride sites and begin the process for the acquisition of land and construction of a park/ride facility on an acceptable site.

BE IT FURTHER RESOLVED that the Maddry property as a park/ride facility be removed from consideration.

This the 28th day of October, 1992.

A RESOLUTION AUTHORIZING THE MANAGER TO TAKE ACTIONS TO IMPLEMENT SOME OF THE RECOMMENDATION OF THE TOWN BICYCLE ADVISORY COMMITTEE (92-10-28/R-6)

WHEREAS, the Town of Chapel Hill has recognized the importance of promoting alternative modes of transportation, including bicycle use; and

WHEREAS, the Town Bicycle Advisory Committee has made specific recommendations designed to promote bicycle use within the Town.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is authorized to pursue the implementation of the Bicycle Advisory Committee's recommendations for identifying and improving appropriate bicycle routes, incorporating bicycling considerations in the activities of Town departments, identifying additional staff resources to support expanded bicycle planning and reviewing possible traffic calming techniques to improve bicycle safety along local streets.

This the 28th day of October, 1992.

A RESOLUTION ORANGE COUNTY'S REQUEST TO DISCUSS CABLE TELEVISION FRANCHISE MATTERS (92-10-28/R-7)

WHEREAS, the unincorporated areas of Orange County are primarily rural in character, while the Town of Chapel Hill cable television franchise jurisdiction is urban; and

WHEREAS, the Town is pursuing an assessment of the Chapel Hill community's cable-related needs and interests as the basis under federal law for establishing future franchise requirements;

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

-- that the Town declines to jointly pursue cable television franchise negotiations with the County because the Town and County have divergent interests for their respective franchise jurisdictions.

-- that representatives of Orange County including the Cable Television Advisory Committee are welcome to attend the Chapel Hill Cable Television Advisory Committee's meetings.

-- that the Town will provide to the County copies of documents prepared during the Town's cable-related needs assessment process and in subsequent steps during consideration of franchise renewal.

This the 28th day of October, 1992.

A RESOLUTION AUTHORIZING THE MANAGER TO EXECUTE A FINAL BALANCING CHANGE ORDER FOR THE ESTES DRIVE WIDENING PROJECT (92-10-28/R-8)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to execute a final balancing change order for the Estes Drive Widening Project in the amount of $21,526.34.

This the 28th day of October, 1992.

A RESOLUTION REFERRING THE DRAFT REGIONAL BICYCLE PLAN TO THE TRANSPORTATION BOARD AND BICYCLE ADVISORY COMMITTEE (92-10-28/R-9)

BE IT RESOLVED that the Council hereby refers the draft Regional Bicycle Plan to the Transportation Board and Bicycle Advisory Committee for their comments.

This the 28th day of October, 1992.

Council Member Herzenberg noted that the residents of Trinity Court had wished to rename the paved street and buildings from 751 Pritchard Avenue Extension to Trinity Court. The Council did not object to this proposed change. Council Member Brown noted that the attendance record for the September 29th meeting had been inadvertently omitted.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT THE MINUTES OF SEPTEMBER 29TH, AS REVISED. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

Norm Vogel, Vice-Chairperson of the Town's Cable Advisory Committee, expressed concern about the Council adopting a resolution which did not encourage the Town and County to work together on a cable refranchising agreement. Mr. Horton noted that the Town had received a letter from Adrian Herbst, indicating that the Town and County had items of unique interest related to cable television matters. He added that it was not in the community's interest to combine negotiations. Mr. Vogel said he felt it was important for the Town to work with Chatham County, Orange County and Pittsboro officials on the technical aspects of the cable system. Council Member Werner said he believed that the resolution adopted by the Council was not contrary to Mr. Vogel's concerns. Mayor Broun said the resolution implied that matters of common interest would be addressed.

Item 11 Information Reports

Council Member Herzenberg called the Council's and citizen's attention to the historic sites' survey in the agenda materials.

There was no need for an Executive Session. The meeting adjourned at 10:01 p.m.