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

OF CHAPEL HILL, MONDAY, JANUARY 25, 1993 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, Barbara Powell, Alan Rimer and Arthur S. Werner. Also in attendance were Assistant to the Mayor Lisa Price, Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Planning Director Roger Waldon and Town Attorney Ralph Karpinos.

Item 1 Ceremony

Mayor Broun called upon Blair Pollock of the Public Works Department's Recycling Division to make a presentation. Noting that the County's proposed new landfill would cost approximately $200,000 per acre, Mr. Pollock emphasized the importance of waste reduction. He stated that Solid Waste Reduction Task Force was formulating a program to recognize community businesses active in waste reduction programs. He noted that over fifty entries had been received for a proposed design for the Task Force's Waste Watcher program. Mr. Pollock announced that the winning design had been created by Ms. Marie Flynn-Vargo of Cedar Grove. Ms. Flynn-Vargo accepted a $250 honorarium for her creativity and briefly described her Waste Watcher Blue Ribbon design. Mayor Broun and the Council offered congratulations to Ms. Flynn-Vargo.

Noting the death of former Supreme Court Justice Thurgood Marshall on Sunday, January 24th, Mayor Broun said that Justice Marshall had represented everything that was good about the country. He stated that Mr. Marshall's passing would be noted with great sadness.

Item 3 Petitions

Harold Watson, speaking on behalf of the Knolls Neighborhood Association, requested that neighborhood residents in the audience stand to be recognized. Mr. Watson noted that the Knolls Neighborhood Association had initiated a number of programs to address crime and drug problems in the area. He expressed concern that increasing housing costs could possibly force long-time residents out of the Knolls neighborhood. Mr. Watson read a letter into the record of the hearing requesting that affordable housing programs and funds be targeted to housing affordability in the Knolls neighborhood.

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

Council Member Werner noted that a work session on housing affordability was scheduled for Monday, February 1st at 5:45 p.m. in the Council Chamber. Council Member Capowski requested that staff prepare a memorandum outlining the history of the Housing Loan Trust Fund. Mr. Horton said this would be provided.

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

Karen Raleigh requested a review of the Town's Resource Conservation District Ordinance in the Bolin Creek Flood Plain. She expressed concern that elements of the existing ordinance placed a stranglehold on businesses located in the Resource Conservation District. Ms. Raleigh expressed concern that the thirteen criteria reviewed by the Town's Board of Adjustment were very restrictive. She also stated that any structure located in the Bolin Creek Flood Plain which was more than fifty percent destroyed by fire or other calamity could not be rebuilt. Ms. Raleigh requested that the Council direct the staff to review the existing ordinance.

Council Member Andresen suggested that Ms. Raleigh's petition be referred to the staff and requested that the Manager provide a report on possible ordinance changes concerning existing structures. She also requested that the report contain information concerning flood plain regulations. Mr. Horton said he would do so.

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

Council Member Werner requested that the staff's follow-up report include information about State and other communities regulations concerning building reconstruction in flood plains. Council Member Capowski requested that the staff response lay out the benefits of Resource Conservation District regulations. Council Member Powell asked whether the proposal was to review the entire Development Ordinance. Council Member Andresen said the proposal was to examine possible modifications to one portion of the Resource Conservation District ordinance.

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

Catherine B. Williams, President of the Gimghoul Neighborhood Association, requested that the Gimghoul area received consideration as a local historic district.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO RECEIVE AND REFER THE PETITION TO THE MANAGER AND HISTORIC DISTRICT COMMISSION.

Council Member Capowski requested that the staff provide information describing the nature of historic districts.

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

Noting that two citizens had requested to speak on the Eubanks Road Corridor Study matter, Mayor Broun suggested that this item be moved up on the agenda for consideration after item number seven. There were no objections from Council Members.

Bruce McDermott, a resident of Tinkerbell Lane, expressed concern about ongoing sewer line overflow problems in the Colony Woods subdivision. Mr. McDermott noted that he had experienced sewer overflows in his back yard eight to ten times in the past year and twice in the last week. Mr. McDermott noted that he had contacted OWASA officials about his concerns but had not received a satisfactory response to date.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO REFER THE MATTER TO THE MANAGER AND OWASA FOR A RESPONSE TO MR. MCDERMOTT'S CONCERNS.

Council Member Andresen noted that area residents had expressed stormwater concerns in the same neighborhood about four or five years ago. She said the Manager might wish to include information on this matter in his follow-up report.

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

Donna Dyer, Executive Director of the Orange Community Housing Corporation, announced that OCHC had received notice of a $950,000 grant for development of a fifty-unit affordable housing project. She noted that a similar project had recently been developed in Charlotte. Ms. Dyer said although no funds were being requested at this time, OCHC was requesting expedited review, a fee waiver and limited staff assistance to meet submittal requirements. Council Member Herzenberg offered congratulations to the Orange Community Housing Corporation for receiving the grant.

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

Edward Holmes said Ron Ragan was a client of Kenan Oil Company. He urged the Council to expedite the review of proposed changes at the East Franklin Car Care facility, owned by Mr. Ragan. Noting that the Council would discuss possible changes in the development public hearing schedule later in the meeting, Council Member Andresen inquired whether Mr. Ragan had a development application in process. Mr. Holmes said no. Mayor Broun inquired whether the Town could do anything to move along Mr. Ragan's situation. Mr. Horton said he did not know of any remedies to address Mr. Ragan's concerns. He noted that Mr. Ragan could proceed to add the tanks, and plan and install footings for the station's proposed canopies. Mr. Horton stated that the Town's Development Ordinance clearly required a special use permit for a service station facility. Council Member Werner inquired whether there were any other similar situations were the proposal were treated as if the application were for a new development. Mr. Waldon noted that proposed expansion to the existing facility had triggered the need for a special use permit. He stated that one or two years ago a sorority had to file an application for expansion of its existing building.

Council Member Chilton asked whether a special use permit would be required if only a canopy addition were requested. Mr. Waldon said it was likely that a permit would be required, since a canopy was a structural addition to a property. Council Member Capowski inquired about the basis for denial of a canopy addition and whether the Town had ever denied a request for a canopy addition. Mr. Waldon said he was not aware of any such denial. He added that a service station in the Glen Lennox area had received approval after extensive entranceway concerns were addressed. Council Member Capowski inquired whether the lack of a canopy had the potential of putting Mr. Ragan out of business. Mr. Ragan said this would probably be the case. He stated that the anticipated property and tank replacement costs would make it necessary to significantly increase the amount of fuel sold at his station. Council Member Capowski inquired whether expansion of the station was critical. Mr. Ragan said yes.

Council Member Brown asked whether Mr. Ragan was saying that it would be necessary for concrete to be torn up twice. Mr. Ragan said this was correct. Council Member Brown inquired about the possibility of separating the building expansion and canopy projects. Mr. Horton said he did not believe that this could be accomplished under existing Town ordinances. Mr. Ragan said he was concerned about the loss of business when the canopy was not in place. Council Member Andresen suggested that Mr. Ragan meet with staff to attempt to resolve the situation. Mr. Horton noted that Mr. Ragan had met with staff to discuss his limited options under the terms of development ordinances. Mayor Broun noted that State statutes pertaining to development limited the Town's flexibility in this matter. Council Member Werner said Mr. Ragan's situation was an unfortunate one. He noted the difficulty of anticipating every exception and situation when development ordinances were written. Council Member Brown inquired about the anticipated length of review for the proposal. Mr. Horton said this was difficult to determine.

Council Member Rimer said Mr. Ragan's request for fuel tank monitoring was in the public interest of health and safety concerns. Mr. Horton inquired whether Council Member Rimer was suggesting that the staff examine the possibility of a public safety exception pertaining to the building and monitoring equipment portions of the project. Council Member Rimer said yes. Noting that Council Member Rimer's suggested merited consideration, Council Member Andresen inquired about the earliest possible public hearing date under the current schedule. Mr. Horton said October would be the earliest possible hearing date. Council Member Andresen emphasized the importance of tank replacement. Mr. Horton noted that situation mainly involved an enclosed floor area. Mayor Broun noted that the Council was requesting that the Manager and Attorney examine public safety matters relative to Mr. Ragan's concerns. Mr. Ragan expressed appreciation for the Council's and staff's assistance. Council Member Powell inquired when the item would come back before the Council. Mr. Horton said the matter would be examined until it was resolved.

Council Member Werner requested that item 11g, an information report concerning air quality monitoring, be removed from the evening's agenda. There were no objections to the request. He also thanked Donna Dyer for the very good handout outlining the proposed location of the proposed Dobbins Hill project.

Item 4 Boards and Commissions

Council Member Herzenberg requested that appointments to the Tree Protection Committee be postponed, pending the receipt of additional applications. Council Member Andresen suggested that the Council review the committee's charge and possibly add responsibilities. Council Member Herzenberg said the group served as an evaluation committee. Council Member Andresen emphasized the importance of the Council periodically reviewing advisory committee charges. Council Member Herzenberg said the committee had been established for a period of five years and was to make annual reports to the Council about how the tree protection ordinance was working.

Council Member Chilton, Council liaison to the Housing and Community Development Advisory Board, said he recommended the appointment of Mr. Knight to the Housing Advisory Board.

JOHN KNIGHT JR. WAS APPOINTED TO THE HOUSING AND COMMUNITY DEVELOPMENT BOARD, RECEIVING EIGHT VOTES (BROUN, BROWN, CAPOWSKI, CHILTON, HERZENBERG, POWELL, RIMER AND WERNER). W. DOUGLAS MITCHELL RECEIVED ONE VOTE (ANDRESEN).

Noting that no applications had been received for membership on the Greenways Commission, Mayor Broun urged citizens to apply to advisory boards and commissions. Council Member Rimer suggested that Commission members might be instrumental in seeking applicants.

Mayor Broun noted his interest in serving as the Town's representative on the Triangle Transit Authority Board of Directors.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO APPOINT MAYOR BROUN BY ACCLAMATION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Mayor Broun said the Leadership Committee of the Violent Crime and Drug Abuse Program recommended the appointment of Joyce Kuhn to the Criminal Justice Committee.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO APPOINT JOYCE KUHN TO THE CRIMINAL JUSTICE COMMITTEE. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 5 Bicentennial Committee

Assistant Town Manager Florentine Miller reviewed the Bicentennial Committee's funding request for $30,000. She briefly reviewed the committee's primary charge and planned activities, including the installation of Town entranceway markers. Noting that total funding of $72,000 would be required, Ms. Miller stated that Town funding of $15,000 was recommended in the current and next fiscal years.

Nancy Preston, co-chairperson of the Bicentennial Committee, noted that Bob Woodruff was distributing Bicentennial T-shirts to Council Members. Ms. Preston stated that the Town's Bicentennial celebration was a significant event in the community's history. She noted that a great deal of time, thought and effort was involved in the planning of Bicentennial activities.

Betty Caldwell, co-chairperson of the Bicentennial Committee, said that all work to date had been handled by volunteers. She noted that funding was needed to bring the committee's plans to fruition. Ms. Caldwell read the names of Executive Committee members and asked those in attendance to stand to be recognized.

Bob Woodruff said the Village Advocate had paid for the costs of printing Bicentennial T-shirts. Mr. Woodruff said the UNC Bicentennial Committee had contributed $9,500 for bicentennial-related events. He added that $32,500 in community donations would be needed to carry out planned activities. Mr. Woodruff said the Bicentennial Committee appreciated the Council's consideration of the committee's funding request of $30,000.

Council Member Werner said the celebration was an opportunity which only presented itself every one hundred years. He noted the importance of making the community a more fun place to live. Council Member Werner also noted the importance of beautifying the Town's entranceways. Council Member Werner requested that a report on fund-raising efforts be provided to the Council when the 1993-1994 Bicentennial Committee 1993-1994 funding request was considered.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT RESOLUTION 1.

Noting the importance of observing the Town's bicentennial, Council Member Andresen said it would be appropriate to have markers at the Town's entranceways. She suggested that the proposed marker on South Columbia Street be postponed, pending the completion of possible roadway widening. Council Member Andresen said she favored simple entranceway markers. She also suggested that area garden clubs be included in the entranceway landscaping planning process. Ms. Preston noted that she and Ms. Caldwell would be meeting with garden club members tomorrow morning.

Noting that she favored festivals and commemorations and appreciated the Bicentennial Committee's work, Council Member Brown distributed a proposed substitute motion. Noting her belief in full public participation, Council Member Brown stated that a lot of people in the community had not heard about the proposed Bicentennial Committee activities. Council Member Brown said she appreciated the Council's consideration of her proposed alternate resolution. Council Member Brown also noted the importance of public comment on the proposed design of entranceway markers and planned activities of the Bicentennial Committee.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO INTRODUCE SUBSTITUTE MOTION 1A.

Council Member Andresen noted that former Mayor Jonathan Howes had played a very active role in assuring that the activities of the Bicentennial Committee were handled in an open manner. She expressed concern that passage of the proposed alternate resolution would leave the Bicentennial Committee in a dilemma. Noting Council Member Brown's concerns, Council Member Andresen suggested that the Council consider delaying the vote on the request until the next regular Council meeting.

Noting that a large number of people were involved in the Bicentennial Committee's open participation process, Mayor Broun said he supported the original resolution. Mayor Broun also noted the importance of the Council lending its support to the committee's activities. Council Member Herzenberg said he had concerns about the proposed location of entranceway marker at on North Carolina Highway 54 East. He suggested possibly moving the marker so it was a little clearer where the Town limits were located. Council Member Herzenberg stated that earlier research for the Town seal had concluded that the Town was founded in 1795 rather than 1793. Council Member Herzenberg stated that the Town's first sale of lots of land occurred in 1793. He noted that 1795 was the first year during which the presence of both students and faculty could be documented. Council Member Preston said she respectfully disagreed that no one lived in the Town prior to 1795. She stated that there were clear indications that the founding of the Town occurred on October 12, 1793, the day on which the first lots for the Town were sold.

Council Member Capowski noted that the Town's Appearance Commission could deal with entranceway marker matters. He said he greatly supported the efforts of the Bicentennial Committee. Council Member Capowski said his one concern with the proposal was the proposal to allocate $15,000 of hotel-motel grant funds for the project. Mr. Horton noted that the Council could designate hotel-motel tax funds for visitor services and information projects. Council Member Capowski inquired why hotel-motel tax proceeds rather than contingency funds were suggested as a funding source. Mr. Horton said the Council could allocate funds from another source, if it wished to do so.

Noting her support of the Bicentennial Committee's project, Council Member Brown withdrew her motion in support of Council Member Andresen's suggestion to postpone the vote on the matter. She emphasized the importance of including the public in the overall decision-making process. Council Member Powell said she did not favor delaying the matter. She inquired about the nature of the committee's participation process. Ms. Preston said the committee wanted to have a Town-wide celebration and welcomed input from anyone wishing to assist with events. Council Member Chilton said he did not see any emergency which precluded delay of the matter for a few weeks to receive additional public input. Council Member Rimer said the proposed resolution and substitute resolution did not refer to the matter of approving or disapproving a proposed marker design. He called the question on Council Member Brown's substitute motion.

Council Member Andresen inquired whether Council Member Werner was willing to delay the vote to February 8th. Council Member Werner noted that he did not favor delaying the matter since the resolution only addressed the allocation of funds. Council Member Andresen said the main point of discussion concerning the proposed delay was the matter of public input. Council Member Werner said the Council was elected to make decisions on matters such as the funding of the Bicentennial Committee's activities. Ms. Preston noted that the Council was voting on bicentennial activity funding, rather than marker design, this evening. She added that neither the Appearance Commission nor Design Review Board had formally reviewed the proposed marker designs.

MAYOR BROUN NOTED THAT COUNCIL MEMBER ANDRESEN'S SUBSTITUTE MOTION WAS ON THE FLOOR FOR A VOTE. COUNCIL MEMBER ANDRESEN NOTED THAT HER MOTION WAS TO AMEND THE ORIGINAL MOTION BY HAVING ADDITIONAL PUBLIC COMMENT AND VOTE ON THE MATTER ON FEBRUARY 8TH. THE MOTION FAILED BY A VOTE OF 4-5, WITH COUNCIL MEMBERS ANDRESEN, BROWN, CHILTON AND HERZENBERG VOTING AYE AND COUNCIL MEMBERS CAPOWSKI, POWELL, RIMER, WERNER AND MAYOR BROUN VOTING NO.

Council Member Brown inquired about postponing consideration of the 1993-94 component of the funding request. Council Member Werner said he did not favor granting half the funding request and then not providing the second half of the request. Mayor Broun noted that the original motion, adoption of Resolution 1, was on the floor. Council Member Herzenberg inquired whether the proposed entranceway marker designs would be reviewed by the Council and other advisory boards. Ms. Preston said yes. Council Member Capowski said he was satisfied that Resolution 1 provided sufficient flexibility concerning funding. Council Member Chilton inquired who would give final authorization for entranceway sign designs and funding. Mr. Horton said the Council would make the final decisions. Council Member Brown inquired whether design options would be offered for public comment. Ms. Preston said yes.

RESOLUTION 1 WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ALLOCATING FUNDS FOR THE TOWN OF CHAPEL HILL BICENTENNIAL OBSERVANCE (93-1-25/R-1)

WHEREAS, the Chapel Hill community will celebrate its two-hundredth anniversary during 1993 and 1994; and

WHEREAS, the Bicentennial Committee of the Town Of Chapel Hill is planning programs that highlight significant events and people of the Chapel Hill community; and

WHEREAS, the Town of Chapel Hill and the University of North Carolina have evolved together for almost 200 years; and

WHEREAS, the University of North Carolina Bicentennial Observance Office encouraged the Town to participate with the University in the observance; and

WHEREAS, the Bicentennial Observance Office is contributing $9,500 to the events and projects of the Town; and

WHEREAS, the Bicentennial Committee recommends the following activities and projects: Chapel Hill Revisited; A Dramatic Presentation; and Entranceway Markers Project, etc.; and

WHEREAS, the Bicentennial Committee has estimated a total budget in the amount of $72,000 for the Chapel Hill community's participation in the observance;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorize an initial allocation of $15,000 from the current budget General Fund contingency account.

BE IT FURTHER RESOLVED that the Council pledges an allocation of $15,000 from Hotel/Motel funds in fiscal year 1993-94.

This the 25th day of January, 1993.

Item 6 Human Services Needs Report

Human Services Advisory Board Chairperson Scott Cain summarized the Board's human services report to the community, emphasizing the categories of recurring need. Mr. Cain emphasized the importance of the report's recommendations concerning needs for the community's youth. He noted that the Board recommended the creation of a position to act as a coordinator of programs for youth.

Steve Mullinix, a member of the Youth Services Subcommittee of the Drug Abuse and Violent Crime Program, said the committee had been meeting since last August. Dr. Mullinix said the subcommittee had outlined a total of nineteen youth-related recommendations. He thanked the Council for their consideration of the human services needs report.

Council Member Werner thanked the Board for a good and readable report. He noted that the coordination of human service needs was very important to the community as a whole. Council Member Werner said the Board's summary recommendations in the report were very good. Council Member Andresen said she liked the Board's recommendations concerning the coordination of human services. She expressed doubt that the Town would be able to add any positions during the next fiscal year. Council Member Andresen said she had spoken to the Manager about the possible reorganization of support for the Town's youth-related programs. Noting that she supported the Police Department's crisis intervention unit, Council Member Andresen inquired how many people worked in the unit. Mr. Horton said five employees were employed in the unit, three of whom were employed part-time. Council Member Brown expressed appreciation for the clarity of the report. She inquired whether the Human Services' Board recommendation concerning the provision of affordable housing had been previously requested. Mr. Karpinos said an effort to secure legislation two years ago had been unsuccessful.

Council Member Powell thanked the Board for a very good report. She inquired about the Board's suggestions for follow-up on recommendations four and five of the report. Mr. Cain said the suggestion was for the Board to review possible human service impacts of major development projects. Council Member Powell said she thought this was a good idea. Council Member Capowski inquired whether the Human Services Advisory Board reviewed funding proposals such as those submitted by the Rural Opportunities Corporation and Midway Development Corporation. Mr. Cain said generally no. Mayor Broun noted that such proposals would be reviewed by the Housing and Community Development Board. Mr. Cain noted that there was periodic interaction between the two boards, primarily through staff contact. Council Member Andresen inquired whether the Human Services Board reviewed any affordable housing matters. Mr. Cain said some of the personal issues pertaining to housing might be addressed by the Board. Council Member Herzenberg noted that there was a similar parallel situation where the jurisdictions of the Parks and Recreation and Greenways Commissions were somewhat overlapping. He added that the two commissions met jointly on an annual basis. Mr. Cain said this probably was a good idea for the Human Services and Housing and Community Development Boards.

Council Member Chilton stated that the Town's funding for JOCCA appeared to be in direct conflict with the Town's human services guidelines. He noted that the Human Services Advisory Board had advised JOCCA that requesting fifteen percent of total funding when there were seventeen funding requests was unrealistic. Council Member Chilton also stated that financial support for JOCCA from other levels of government had been steadily declining over the past five to ten years. Council Member Andresen emphasized the importance of the Council receiving funding recommendations from its advisory boards. Council Member Chilton said the nature of his inquiry was whether the Council intended to continue funding for JOCCA's programs. Council Member Werner said this request was a little unfair since there was no policy for comparison purposes. After noting that there were some guidelines concerning funding allocations, Council Member Chilton said he hoped that the Human Services Board and Parks and Recreation Commission could work together to examine the nature of funding support for the Senior Center. He also suggested that Parks and Recreation Commission and Human Services Advisory Board could outline what they thought about where funding should be going. Council Member Brown said she would support both suggestions.

Mayor Broun inquired whether the Manager anticipated providing a follow-up report. Mr. Horton said he could report on which items could be handled in a timely fashion and which ones might take a little more time to accomplish. Mayor Broun noted that the Council concurred that the needs report be forwarded to the Manager for a follow-up report and to applicable boards and commissions for follow-up action.

Item 7 Report by Solid Waste Reduction Committee

Council Member Brown noted that the committee had been very active. She introduced the members of the Solid Waste Reduction Committee in attendance and stated that Judy Wood would present the committee's report.

Judy Wood said the committee's report spelled out their work to date and suggested future plans. She noted that the committee's education subcommittee was formulating educational materials concerning solid waste reduction. Ms. Wood noted that the awards and business subcommittees were working together on criteria for the WasteWatcher award. She said that solid waste audits would need to be performed to determine which businesses should receive WasteWatcher awards. Ms. Wood also stated that a video concerning composting would be shown on public access television in the near future. Noting that she felt very positive about the committee's work to date, Ms. Wood said she looked forward to the Solid Waste Reduction Committee's future activities. Council Member Rimer inquired whether the Town's Solid Waste Reduction Committee was sharing details of its efforts with the Council's Committee. Ms. Wood noted that Betty Maultsby served on both the Town's and County's Committees. Mayor Broun thanked the committee for an excellent report.

In accordance with the Council's earlier agreement, item 11f, concerning the Eubanks Road Corridor Study, was discussed.

Item 11f Eubanks Road Corridor Study

Planning Director Roger Waldon said the staff recommended pursuing detailed planning for the area through either a corridor study or another mechanism. He noted that the proposed resolution included the establishment of a planning group for the northern area of the Town. Mr. Waldon said the proposed project time frame was for the Planning Board and working group to complete the report by January, 1994.

Marcella Groon said the Planning Board supported the Manager's recommendation concerning a small area plan study. Council Member Andresen inquired about the Planning Board's feelings about an area study versus other hybrid solutions. Ms. Groon said there were enough complicated issues to merit a comprehensive study. Mayor Broun inquired whether the Planning Board supported the staff recommendation for a small area plan. Ms. Groon said yes. Council Member Werner inquired about the meaning of the term "charrette". Mr. Horton said that "charrette" was derived from a French word describing a type of cart used to carry materials. He said the planning-related use of the term was doing something intensely for a relatively short period of time using knowledgeable and skilled persons.

Chuck Kelly, President of the Northwoods Homeowners Association, said he supported the proposal for a small area plan in the Eubanks Road area.

Council Member Brown inquired how charrettes would fit into the Comprehensive Plan. Mr. Horton said charrettes would focus on particular areas or issues such as the Eubanks Road corridor. Council Member Brown asked whether the business community had participated in the southern small area planning process. Mr. Waldon said no, noting that the business persons were included in the East Franklin corridor study and could be included in the northern area study. Council Member Andresen said she had no objection to a charrette. She also emphasized the importance of including area residents in the planning process. Council Member Brown said that at least five persons from area neighborhoods should be involved in the process. Mayor Broun inquired whether Council Member Brown was suggesting the appointment of more than five members. Council Member Brown suggested the appointment of five persons from neighborhoods and two representatives at large. She added that the project should not be limited to a period of one year.

Noting the proposed target date of June, 1994, Council Member Capowski inquired about the status of development proposals in the intervening period. Mr. Horton said he did not believe that such proposals could be postponed until after the study was completed. He stated that any such proposals could only be postponed for a reasonable period of time. Council Member Capowski asked how much staff time would be involved with the northern small area plan. Mr. Waldon said significant time commitments would be needed from a long-range planning coordinator, planner, graphics specialist and three to five other staff members. He stated that the study would be a very labor-intensive activity. Council Member Capowski asked whether this time would be taken away from other projects. Mr. Horton said yes, noting that Mr. Waldon had taken the northern area project into account for the Planning Department's annual work plan. Council Member Capowski said the Design Review Board could provide valuable assistance with the northern area study. He also noted the importance of the future of the Horace Williams tract to the area and the Town.

Council Member Rimer commended the staff for its proposal. He noted the importance of focusing issues and getting people involved in the process.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 9, AS REVISED, ADDING TWO AT-LARGE REPRESENTATIVES AND TO THE FIVE AREA REPRESENTATIVES.

Council Member Werner noted the importance of considering what the University of North Carolina might do with the Horace Williams tract abutting this area. He suggested that the Council ask the University to designate a representative to the small area planning group. Council Member Rimer said this was an excellent idea. Council Member Andresen concurred, noting that she was still concerned about the role of a corridor study if the Design Review Board were involved in the process. Mr. Waldon noted that a corridor study was just one possible approach for addressing the area's long-term planning needs. Mr. Horton said the recommended small area plan incorporated the good elements of a corridor study. Council Member Andresen inquired about the proposed role of the Design Review Board in the process. Mr. Horton said the Design Review Board would serve as a tool for the process, as would the planning staff. Council Member Andresen inquired whether the Planning Board would direct the Design Review Board's efforts. Mr. Horton said yes.

THE MOTION, AS FURTHER AMENDED, TO INCLUDE A UNIVERSITY REPRESENTATIVE, WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION INITIATING A SMALL AREA PLAN FOR THE NORTHWEST AREA (93-1-25/R-9)

WHEREAS, the northwest portion of the Town of Chapel Hill, along with areas immediately outside the Town's borders, is one of the Town's future growth areas; and

WHEREAS, the Council has begun a series of Small Area Plans to study such growth areas; and

WHEREAS, the Council has received several requests for study of this northwest area;

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

1) Requests the Planning Board to undertake a small area plan for the Northwest Area as shown on the attached map;

2) Requests the Town Manager to solicit applications for appointment to a Northwest Area Small Area Plan Work Group, such group to be made up of the existing Planning Board members and up to five other interested individuals from the neighborhood, two representatives from the community at-large and one representative to be designated by the University.

3) Expresses its intent to call Public Hearings to consider a draft plan for the Northwest Area in Spring, 1994, with June, 1994 as a target date for adoption.

This the 25th day of January, 1993.

Item 8 Proposed Public Hearing Schedule

Mr. Horton said the number of active development applications necessitated changes in the development review schedule. He said the proposed resolution would add two public hearing nights to the Council's schedule. Mr. Waldon said the staff recommended adoption of Resolution 2, amending the proposed development hearing schedule. Mayor Broun said he thought this was a reasonable approach. He encouraged the Council and staff to think about long-term solutions. Council Member Andresen suggested that some meetings could begin at 6:00 p.m. and finish by 9:00 p.m. Mayor Broun said he thought this was a good idea. Council Member Capowski said he did not think that public hearings could begin at 6:00 p.m. due to scheduling problems for the public. Council Member Andresen suggested putting items of lesser interest early on the agendas.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 2. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION REGARDING PUBLIC HEARINGS, JANUARY TO JUNE, 1993 (93-1-25/R-2)

WHEREAS, the Council normally conducts Public Hearings on development applications, amendments to the Town's Development Ordinance and Zoning Atlas, and a variety of other topics; and

WHEREAS, the current inventory of items awaiting Public Hearing is unusually large; and

WHEREAS, the Council seeks timely review and consideration of items needing a Public Hearing;

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

1) Calls a Public Hearing to receive public comment on a draft Streetscape Plan for Downtown, such hearing to be conducted on March 15, 1993, at 7:30 pm in the Chapel Hill Town Hall.

2) Calls a Public Hearing to consider a package of applications related to potential development of a Southern Village on the west side of U.S. Highway 15-501 South, such hearing to be conducted on Tuesday, April 20, 1993, at 7:30 pm in the Chapel Hill Town Hall.

3) Calls a Public Hearing to consider a proposed Development Ordinance Text Amendment on regulations to protect watersheds, such hearing to be conducted on May 17, 1993, at 7:30 pm in the Chapel Hill Town Hall.

4) Calls a Public Hearing to consider two proposed Development Ordinance Text Amendments related to Historic District regulations which deal with waiting times for demolitions, and development visible from public rights-of-way, such hearing to be conducted on June 21, 1993, at 7:30 pm in the Chapel Hill Town Hall.

5) Requests the Town Manager to prepare a report on a proposed set of rezonings as called for in the Small Area Plan for the Southern Area, such report to be delivered to the Council in June, 1993, in anticipation of Public Hearings in September, 1993.

This the 25th day of January, 1993.

Item 9 Regional Bicycle Plan

Transportation Planner David Bonk presented an overview of the schedule for the regional bicycle plan. He noted that a proposed series of recommendations were outlined on page three of the staff's memorandum. Mr. Bonk stated that a key component of the overall transportation plan was promoting bicycle use for commuting by those who normally used automobiles. Council Member Herzenberg asked whether the Town of Carrboro had been asked to support the proposal. Mr. Bonk said yes, noting that the Town of Carrboro had declined to participate. Council Member Brown inquired about the process for inclusion of the Greenways Commission recommendations and the rationale for not recommending them. Mr. Bonk said the primary focus of the plan was on commuting. He added that the first three greenway projects recommended by the Greenways Commission duplicated existing roadway facilities. Mr. Bonk said the railway right-of-way might serve a unique regional function.

Council Member Brown stated that some people might commute on this type of trail if funding were available. She inquired whether funding for this project might jeopardize funding for other transportation alternative projects. Mr. Bonk said the Transportation Advisory Committee would need to review this matter. He stated that the regional plan would be used to make recommendations. Mr. Bonk said although the project would not rank as highly as transportation management plan related projects, it was not possible to say that the project would or would not be funded.

Council Member Brown asked whether inclusion of the project would hurt the possibility of funding bicycle lanes parallel to existing roadways. Mr. Horton said it would be necessary to determine which projects were desired. Council Member Andresen thanked the staff for their report. She requested an update on the local initiative of the Bicycle Committee concerning bicycle lanes around the Town. Mr. Bonk said the committee was very interested in the projects and was ready to undertake review as part of the Capital Improvements Program process. Council Member Capowski said he was very happy that efforts were concentrated on commuting. Noting that he personally commuted to work by bicycle, Council Member Capowski said bicycling was a very pleasant means of travel. He added that a railway trail would offer a flat and pleasant way to access the University campus. Council Member Rimer noted that Mr. Bonk had been an early advocate of a bicycle/commuter corridor along railroad tracks. He added that the Planning Board had brought this matter forward four to five years ago as part of the Comprehensive Plan. Council Member Rimer stated that the C&O canal in the Washington, D.C. area allowed continuous bicycle path travel between Georgetown and West Virginia on a one percent grade.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER CHILTON,. TO ADOPT RESOLUTION 3. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION RECOMMENDING APPROVAL BY THE DURHAM-CHAPEL HILL-CARRBORO TRANSPORTATION ADVISORY COMMITTEE OF THE REGIONAL BICYCLE PLAN (93-1-25/R-3)

WHEREAS, the proposed Durham-Chapel Hill-Carrboro Urban Area Regional Bicycle Plan is an important element in developing a comprehensive transportation plan for the region; and

WHEREAS, the goals and objectives of the Regional Bicycle Plan are consistent with Town transportation objectives to increase bicycle use; and

WHEREAS, the Regional Plan includes facility design and education/safety recommendations that will encourage greater use of bicycles throughout the region;

NOW, THEREFORE, BE IT RESOLVED, by the Council of the Town of Chapel Hill that the Council recommends that the Durham-Chapel Hill-Carrboro Transportation Advisory Committee approve the Regional Bicycle Plan with the following addition:

* That the railroad corridor between Chapel Hill and Hillsborough be designated as a regional bicycle facility.

This the 25th day of January, 1993.

Item 10 Quarterly Reports

Mr. Horton presented an overview of the report's layout and offered to answer any questions. Mayor Broun noted that there were no reports from Council liaisons.

Item 11 Consent Agenda

Mayor Broun noted that items f and g had been removed from the agenda at the request of Council Members and that item f had been acted upon earlier in the meeting.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT THE BALANCE OF THE CONSENT AGENDA (ITEMS A THROUGH E). THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND AN ORDINANCE (93-1-25/R-4)

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

a. Library electrical contract change order (R-5).

b. Certification of public housing management assessment program (R-6).

c. Annexation of Springcrest subdivision, Phases III and IV (R-7).

d. Notice of intention to annex Springcrest subdivision, Phases III and IV (R-8).

e. Budget ordinance amendment (U.S. 15-501) (O-1).

f. Eubanks Road corridor study (adopted earlier in meeting).

g. Air quality monitoring (Item postponed).

This the 25th day of January, 1993.

A RESOLUTION AUTHORIZING THE MANAGER TO EXECUTE A $28,617.44 CHANGE ORDER TO MANAGEMENT SYSTEMS ELECTRIC INC. FOR THE NEW LIBRARY CONSTRUCTION PROJECT (93-1-25/R-5)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to execute a change order to Management Systems Electric, Incorporated in the amount of $28,617.44 for the new Chapel Hill Public Library construction.

This the 25th day of January, 1993.

A RESOLUTION APPROVING A PUBLIC HOUSING MANAGEMENT ASSESSMENT PROGRAM (PHMAP) CERTIFICATION (93-1-25/R-6)

WHEREAS, the U.S. Department of Housing and Urban Development requires the submission of a Public Housing Management Assessment Program (PHMAP) Certification; and

WHEREAS, the Department of Housing and Urban Development requires that the Council of the Town of Chapel Hill approve a Certification for fiscal year ending June 30, 1992;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves the attached Public Housing Management Assessment Program (PHMAP) Certification.

This the 25th day of January, 1993.

A RESOLUTION CALLING A PUBLIC HEARING ON ANNEXING PHASES III AND IV OF THE SPRINGCREST SUBDIVISION (93-1-25/R-7)

WHEREAS, the owners of property which is the site of Phase III and the proposed Phase IV of the Springcrest Subdivision have petitioned the Town of Chapel Hill to annex said property located northwest of the intersection of Weaver Dairy Road and Erwin Road, on the west side of Erwin Road south of I-40; and

WHEREAS, the Town Clerk has received the petition and certified to the Council the sufficiency of said petition pursuant to N.C. General Statute 160A-58.1;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby calls a public hearing for 7:30 p.m. Monday, February 16, 1993, in the Town Hall Council Chamber, 306 N. Columbia Street, Chapel Hill, NC 27516, on this annexation petition for Phases III and IV of the Springcrest Subdivision.

BE IT FURTHER RESOLVED that the Town Manager shall cause notice of the public hearing to be published, in a newspaper having general circulation in the municipality, at least 10 days before the date of the public hearing.

This is the 25th day of January, 1993.

A RESOLUTION STATING THE INTENT OF THE TOWN OF CHAPEL HILL TO CONSIDER ANNEXATION OF THE AREA DESCRIBED HEREIN AND FIXING THE DATE OF PUBLIC HEARING ON THE QUESTION OF ANNEXATION (93-1-25/R-8)

WHEREAS, the owners of property which is the site of Phases III and IV of the Springcrest Subdivision have petitioned the Town of Chapel Hill to annex said property located northwest of the intersection of Weaver Dairy Road and Erwin Road, and on the west side of Erwin Road, south of I-40; and

WHEREAS, a 5.92 acre parcel of land contiguous to the northern boundary of Springcrest Phases III and IV was deeded to the Town of Chapel Hill in September of 1991, as an Open Space and Recreation Area; and

WHEREAS, North Carolina General Statute 160A-58.7 enables the Town of Chapel Hill to annex Town-owned property not contiguous

to the primary corporate limits;

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

Section 1. That is the intent of the Council of the Town of Chapel Hill to consider annexing the following described territory owned by the Town of Chapel Hill, pursuant to Article 58.7 of Chapter 160A of the General Statutes of North Carolina:

BEGINNING at a concrete monument at the north corner of Lot 85, Springcrest Phase 3 (Plat Book 60, Page 29, Orange County Registry), said concrete monument also being the eastern most point of the Town of Chapel Hill Recreation Area as per deed recorded in Book 934 at page 533 and plat recorded in Plat Book 57 at page 117, Orange County Registry; thence proceeding along the following courses and distances; South 22°52'27" West 66.76 feet to an existing iron rod; thence South 31°26'04" West 86.81 feet, South 48°43'00" West 147.32' to an existing iron rod, said rod lying on the eastern side of the proposed Perry Creek Drive right-of-way; thence across said proposed right-of-way South 58°38'10" 60 feet to an existing iron rod on its western side; thence continuing with the line of the Town of Chapel Hill Recreation Area South 57°02'12" West 82.03 feet; thence South 73°46'08" West 138.20 feet; North 57°31'04" West 83.25 feet; North 8°36'35" West 82.97 feet; North 77°35'58" West 83.36 feet; North 58°37'33" West 103.60 feet; thence North 9°21'11" West 201.49 feet; thence North 3°59'04" East 215.00 feet; thence North 09°09'52" West 67.94 feet; thence North 1°58'38" East 167.57 feet to an existing iron rod; thence North 1°58'38" East 15 feet; thence North 79°34'41" East 15 feet to an existing iron rod; thence North 79°34'41" East 60.60 feet; thence South 40°23'37" East 166.47 feet to a concrete monument; thence South 8°12'40" East 319.74 feet to a concrete monument; thence South 54°39'01" East 185.73 feet; thence North 63°28'43" East 87.34 feet to an existing iron rod on the western edge of the proposed Perry Creek Drive right-of-way; thence proceeding across said right-of-way North 86°12'23" East 60 feet to its eastern edge; thence northward along the proposed Perry Creek Drive eastern right-of-way line with a curve to the left having a radius of 336.66 feet, a delta of 15°21'53", an arc distance of 90.28 feet and a chord distance of 90.01 feet bearing North 11°28'33" West to an existing iron rod; thence North 70°50'30" East 142.85 feet; thence North 35°28'28" West 100.00 feet; thence North 14°34'06" East 107.98 feet; thence North 64°19'40" East 114.87 feet; thence North 22°46'05" East 191.99 feet to a concrete monument on the property line of Lanie N. Crabtree (DB 234 PG 1479); thence following said line South 5°27'20" West 481.40 feet to an existing iron rod; thence South 67°31'30" East 19.45 feet to a concrete monument, the point and place of BEGINNING, and containing 5.92 acres, more or less.

Section 2. That a public hearing on the question of annexing the above-described territory will be held in the Council Chamber of the Town Hall, 306 N. Columbia Street, Chapel Hill, NC 27516, at 7:30 p.m., on the 16th day of February, 1993, at which time all residents of the Town of Chapel Hill will be given the opportunity to be heard.

BE IT FURTHER RESOLVED that the Town Manager shall cause notice of the public hearing to be published in a newspaper having general circulation in the municipality, at least 10 days before the date of the public hearing.

This is the 25th day of January, 1993.

AN ORDINANCE TO AMEND "THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1992 (93-1-25/O-1)

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

Article I

Current Revised

Budget Increase Decrease Budget

APPROPRIATIONS

GENERAL FUND

Non-Departmental

Contingency 42,972 15,670 27,302

Planning 606,108 15,670 621,778

This the 25th day of January, 1993.

Item 12 Information Reports

Council Member Andresen requested removal of items a and b for discussion. She requested a status report on steps to improve noise concerns about the boiler plant. Mr. Horton said the University's efforts had been productive. He added that the University had been forthright in stating that there were many things left to do. Noting that the staff had previously provided a map concerning decibel levels in areas surrounding the plant, Council Member Herzenberg requested that staff provide a similar updated map in the near future. Mr. Horton said the University would be asked to provide this information.

Council Member Andresen thanked the Manager for the staff's report on rural buffer matters. She stated that the document provided reassurance of the County's policy opposing the extension of utilities into the rural buffer. Mr. Horton stated that the report outlined the Town staff's position on the Joint Planning Agreement and water and sewer service extension. He noted that local governments appeared to intend to prohibit water and sewer extensions into the rural buffer. Council Member Andresen expressed concern about the potential for misunderstanding between boards about what would be permitted. Mr. Horton suggested that the Council might wish to consider having the Mayor distribute the memorandum to all parties of interest. Mayor Broun and Council Member Andresen said this was an excellent idea.

Council Member Werner said he viewed the situation more as a matter of policy statements or questions, rather than a legal matter. He stated that it was a good idea to forward the report to other local government bodies outlining the Town's interpretation of rural buffer policies. Council Member Andresen said she concurred that the best approach was to share the report with other local governing bodies. Council Member Capowski inquired about the right of property owners to sue for utility service if lines were provided nearby. Mr. Karpinos said it was basic utility law that once utilities were available in an area, they would have to be made reasonably available to all or the party had the right to sue for such service. He added that there was an exclusion provision for utility-related reasons such as lack of sufficient capacity. Mr. Horton noted that there appeared to be a general understanding that there would be no initiation of water and sewer service into the rural buffer. Mr. Karpinos said this understanding could possibly be changed by policy makers in the future.

Noting that the current policy permitted hook-ups in the case of public emergencies, Council Member Andresen said once such lines were in place, it would open things up for utility availability. She stated that the Council should encourage the Orange County Commissioners to ensure that septic systems in the County were working properly. Mr. Karpinos noted that if some areas could only be developed to a certain density, it was not economically feasible to provide such service. Council Member Herzenberg said the Rangewood subdivision in the University Lake watershed was a good example of the type of thing which might happen in the future. Council Member Rimer noted that all future water systems might involve installation of two smaller lines, one for potable water and another for fire flow purposes. He emphasized the importance of staying on top of water and sewer service issues in the rural buffer, particularly as membership on area governing bodies changed. Mayor Broun asked whether there were any objections to passing the report along to other Orange County governing bodies. Hearing no objections, Mayor Broun said he would pass the information along to OWASA Board Chairperson, Orange County Commission Chair and the Mayor of Carrboro, for review by these bodies.

Mayor Broun noted that there was a need for an Executive Session. No report followed the session. The meeting concluded at 10:39 p.m.