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

OF CHAPEL HILL, NORTH CAROLINA, MONDAY, MARCH 1, 1993

The Council convened in the Council Conference Room at 6:31 p.m. to go into Executive Session to discuss annual performance reviews of the Town Attorney and Town Manager. Mayor Broun convened the session. Council Members in attendance were Joyce Brown, Joe Capowski, Mark Chilton, Joe Herzenberg and Barbara Powell. Council Member Chilton moved, seconded by Council Member Herzenberg to go into Executive Session. Council Member Werner arrived at 6:33 p.m.

No report followed the session.

Mayor Broun called the regular meeting to order at 7:33 p.m. in the Council Chamber. Council Members in attendance were Julie Andresen, Joyce Brown, Joe Capowski, Mark Chilton, Joe Herzenberg, Barbara Powell, Alan Rimer (arrived at 7:49 p.m.) and Arthur Werner. Also in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Planning Director Roger Waldon and Town Attorney Ralph Karpinos.

There were no ceremonies or hearings.

Item 3 Petitions

Mayor Broun noted that a petition concerning funding for bicycle improvements was included in the agenda packet.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO RECEIVE AND REFER MR. PEIN'S PETITION.

Council Member Capowski said he had hoped Mr. Pein would be at the meeting this evening so he could invite him to tomorrow evening's session concerning budget matters.

THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Council Member Herzenberg requested that the Transportation Board and Transportation Department staff investigate the possibility of changing the Blue Line route on South Elliott Road to University Mall and changing the C Line route from West Cameron Avenue to West Franklin Street.

Council Member Capowski requested that Mayor Broun communicate with Secretary Howes about environment-related matters at the Top of the Hill development site. Mayor Broun said he would do so.

Council Member Werner requested that staff respond to a letter from Charles Hebert concerning flooding in the Ridgefield area.

Council Member Andresen said she had some concerns about the Top of the Hill site, including possibly covering the dirt pile and putting a wooden fence around the periphery of the site. She emphasized the importance of making the site look better as soon as possible. Council Member Brown noted that the project's owner had indicated that the matter would be resolved during March. Council Member Powell said she had some concern about criminal activity occurring behind the fence. Council Member Werner noted that the Environmental Management Commission had recently modified rules on leaking underground storage tanks. He inquired whether these new regulations would impact the Top of the Hill project. Council Member Werner also inquired how long it would take to complete the project.

Item 4 Boards and Commissions

Greenways Commission

Paul Aloisio and Adrian Patillo were appointed to the Greenways Commission.

Ad Hoc Tree Committee

Noting that a member of the committee had not been attending recent meetings, Council Member Herzenberg suggested that the Council could make four appointments instead of three. Council Member Werner inquired about the residency of current committee members. Council Member Herzenberg said all current members were Town residents.

Council Member Herzenberg, Nina Ligh, Guy Meilleur and Phillip Townsend were appointed to the Ad Hoc Tree Committee.

Northwest Area Planning Group

Mayor Broun noted that no response had been received from the University to date regarding its appointee to the group. Council Member Brown noted that she had received a number of telephone calls from applicants living north of the Town's urban services boundary, expressing interest in serving on the planning group. She also requested that the Council consider appointing a Duke University representative to the planning group. Council Member Andresen said this was a good idea. Council Member Andresen suggested that the Council appoint David Laudicina and Bruce Guild to the planning group. She also noted the importance of representing neighborhoods in the area. Council Member Brown noted that Nancy Gabriel was active in local matters. Council Member Andresen stated that Larry and Sheila Benninger were both active in the Northwood Neighborhood Association. Council Member Rimer said Bill Rohe and Aarne Vesilind were interested in serving on the group and would be good representatives. Council Member Andresen noted that there were no applicants from the Rogers Road area. Mayor Broun suggested that a representative or representatives from this area could possibly be appointed in the future.

Larry and Sheila Benninger, George Love, Jr., Bill Rohe and Aarne Vesilind were appointed as area representatives. Nancy Gabriel and David Laudicina were appointed as at-large representatives.

Original voting ballots for all appointments are on file in the Clerk's Office.

Item 5 Legislative Matters

Mr. Horton briefly reviewed proposed local legislative requests. He noted that the proposed entertainment tax would not apply to tickets purchased with student fees. Mr. Horton also said that funds from the proposed prepared meals and beverage tax would be tied to downtown and other business area infrastructure, as previously discussed by the Council. Mr. Horton stated that the proposed sprinkler system requirement and authority would result in safer buildings for all Town residents. He also said that bills concerning housing assistance to low-income persons, recreation payments-in-lieu, wheel-locking devices for problem parking violators, funding for restoration of the Chapel Hill cemetery and a Charter amendment concerning non-discrimination were also offered for the Council's consideration as follow-up to earlier discussions. Mr. Horton noted that support of several statewide matters, as follows, was suggested: a supplemental gas tax, restoration of State-shared local revenues, a local option real estate tax, continuation of closed meetings for land sales, litigation issues and personnel matters.

Council Member Werner inquired how the language of the proposed bills would be determined. Mr. Horton said final language would be determined by legislative staff in conformance with the General Assembly's requirements. He added that the Council could receive draft bills prior to their consideration by the legislature. Council Member Capowski stated that some of the proposed bills had a better chance of passage than others. He inquired about the best strategy for increasing chances of passage for high-priority bills. Mr. Horton said the Council could always choose not to put forward a bill that the Council felt would fail. He stated that once the legislative materials were sent forward, Senator Howard Lee would decide how best to introduce the proposed bills. Mr. Horton said that Council could pass along suggestions to Senator Lee. Mayor Broun suggested that the Council work with the local legislative delegation on the Council's legislative priorities.

Council Member Andresen said additional groundwork could be done on some of the legislation prior to its submittal. She suggested that the Council meet with University officials to discuss the entertainment tax proposal. Council Member Andresen also said she had spoken to Mickey Ewell about the proposed prepared meals tax. She stated that the North Carolina Restaurant Association would oppose the proposal. Council Member Andresen stated that proceeds from the proposed prepared meals tax could be used to fund the proposed downtown streetscape plan and other downtown infrastructure improvements. She suggested that Council Members speak to Mr. Ewell in an effort to garner his support. Mayor Broun suggested that the Council work with the North Carolina Restaurant Association and University while the bills were under consideration in the General Assembly. He added that some modification of draft bill language was likely. Council Member Andresen suggested that the Council might consider reevaluating the uses of the downtown service district tax.

Council Member Chilton said he did not think that the Council should proceed with a proposed local entertainment tax bill. He added that the Town appeared to satisfy all but one of the North Carolina Restaurant Association's criteria concerning prepared meals tax bills. Council Member Chilton suggested that the Council support the prepared meals tax legislation. Council Member Brown suggested that the Council consider support of an entertainment tax on a statewide basis. Council Member Brown also said she favored establishment of discussions with University officials concerning the proposed entertainment tax.

Mayor Broun suggested that the Council review the proposed resolution (1a) point by point. Noting that OWASA's hook-up fees were quite high, Council Member Rimer inquired why the fire sprinkler proposal applied to buildings of three units or more. Mr. Horton said this would apply to the greatest number of facilities without including single-family residences.

Council Member Powell said she was concerned with OWASA's monthly maintenance fees. She inquired about the level of maintenance fees in other communities. Council Member Andresen noted that a Council resolution had been passed on to the Orange Water and Sewer Authority Board requesting examination of their maintenance fees and upfront charges. Council Member Werner said it might not be a bad idea to seek wide authorization. Council Member Rimer expressed his concurrence. Council Member Capowski stated that some of OWASA's fees were a factor of ten times higher than other utilities around the State.

Council Member Andresen inquired whether it was customary to put policies such as the proposed non-discrimination policy into Charters. Mr. Horton said he had no survey data on the matter. He added that it was his anecdotal observation that such practice was not unusual. Mr. Karpinos said he had no information on what other cities had done in this regard. Noting that she favored the proposal, Council Member Andresen inquired about the purpose of the statement. Council Member Herzenberg noted that the cities of Raleigh and Wilmington had non-discrimination policies in their Charters. Council Member Herzenberg noted that some employees in the Town's Transportation Department had recently been verbally harassed because of their racial background or sexual orientation. Noting that the proposal had not been discussed very much by the Council, Council Member Werner suggested that the Council outline its clear sentiment on the matter. Council Member Herzenberg said he would be glad to prepare a clarification statement.

Council Member Capowski inquired whether recent problems in the Transportation Department would have been handled differently if the proposed non-discrimination policy had been included in the Charter. Mr. Horton said it was the Town's policy to affirm the value of all people and to refrain from and deplore any form of discrimination. Mayor Broun, Council Member Brown and Council Member Rimer expressed their support for the proposed Charter amendment.

Mayor Broun inquired there were any comments concerning proposed density bonuses. Council Member Werner said the proposed criteria seemed a little too open-ended, implying that developers could be required to provide percentages of low-cost housing much greater than twenty-five percent. Mayor Broun said he agreed with Council Member Werner's concerns. Mr. Karpinos said the proposal was for twenty-five percent or any lesser amount. He suggested that the language could be modified to read "no more than". Council Member Werner and Mayor Broun expressed their concurrence.

Council Member Andresen inquired whether the Council had previously allotted $10,000 relative to fund-raising at the Chapel Hill Cemetery. Mr. Horton said he thought the funding amount was between $3,000 and $5,000. He added that the General Assembly had a past practice of allocating some funds for cemetery preservation. Council Member Herzenberg said the Chapel Hill Preservation Society had donated proceeds of its holiday house tour to the cemetery preservation project.

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

Council Member Andresen urged the Council to follow up on efforts to garner local support for restaurant owners for the prepared meals tax.

THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ADOPTING A LEGISLATIVE PROGRAM FOR THE 1993 SESSION OF THE NORTH CAROLINA GENERAL ASSEMBLY (93-3-1/R-1a)

BE IT RESOLVED by the Town Council of Chapel Hill that the Council hereby adopts the following legislative program and authorizes its submittal to the General Assembly delegation:

1. Requests for local bills

a. authorizing a 1% prepared food and beverage tax with a requirement that the revenues be used for public infrastructure and/or supplemental law enforcement services in business areas of the Town.

b. authorizing expanded requirements for automatic sprinkler systems.

c. amending the Town Charter to include a non-discrimination policy.

d. authorizing requirements for inclusion of low to moderate income homes in new developments subject to granting of density bonuses or other incentives.

e. authorizing requirements for payments in lieu of recreation area in small developments

f. authorizing use of "Denver boot" or "wheel lock" parking enforcement devices

g. Requesting funds for the Old Chapel Hill Cemetery

2. State-wide legislative matters

The Council supports the following items:

a. State funding for operating costs of public transit systems, from appropriate funding source(s) including a supplemental vehicle fuels tax if necessary.

b. Proposed legislation recommended by a legislative study commission to restore growth in State-collected local revenues.

c. Authorization for local option entertainment taxes

d. Authorization for local option real estate transfer taxes up to 1% of the amount of transactions.

e. The concept of "Home Rule" to give local governments greater flexibility to adopt new kinds of policies and revenues as alternatives to the property tax.

f. The need for Open Meetings and Public Records laws with authorization for executive sessions which are in the public interest on topics such as discussion of amounts to offer for purchase of real estate or interests in real estate, discussion of legal issues in litigation or personnel matters covered by existing privacy statutes.

This the 1st day of March, 1993.

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

Council Member Werner emphasized the importance of discussing the proposed entertainment tax with University officials. He said springing the proposal on the University was not tactically wise. Council Member Werner suggested that the proposal be discussed with the University on a long-term basis. Council Member Rimer said a dialogue between members of the Consultation and Coordination Committee should have been initiated several months ago. Council Member Andresen expressed concern that the proposal was being undertaken a little too late. Council Member Brown noted that if the proposal were not pursued, it would be necessary to wait two additional years for authorization. She suggested that communications proceed with the University concerning the proposed local entertainment tax. Council Member Capowski inquired whether the proposed tax would only apply at the Smith Activity Center and Kenan Stadium. Mayor Broun said this was correct. Council Member Capowski inquired whether there had been any opinion from the legislature that the local entertainment tax proposal would be harmful to the Town's other legislative requests. Council Member Herzenberg noted that the legislative delegation should ask for what was needed and the delegation would handle other details.

Council Member Capowski said since he did not think the proposal would pass, it was not worth sending it forward to the General Assembly.

Council Member Andresen expressed concern that not putting forward the proposal this year might send the message that the Town was giving up on the concept of a local entertainment tax. She also expressed concern about the realistic chance of the proposal being considered by the legislature. Council Member Chilton said he believed that the proposal had to apply statewide in order to be adopted by the legislature. Noting that there were twenty or twenty-five similar facilities around the state, Council Member Capowski said he did not agree that the proposed entertainment tax would be a factor in reducing the number of events at the Smith Activity Center. He also said that the chances of passage of a local bill were very low. Council Member Brown inquired about the perspective of facilities owned by other municipalities around the state. Mr. Horton said he did not know whether facilities owned by municipal corporations were making money. Council Member Capowski noted that football and basketball were very popular on several university campuses around the state.

Council Member Werner said although he sympathized with Council Member Andresen's comments, he still believed that pursuing authorization for a local entertainment tax. Noting that the Town had lost a significant amount of other State-shared revenues, Council Member Werner said he would vote for the proposal because he thought it was still a good idea. Council Member Herzenberg expressed his concurrence with Council Member Werner's comments. Council Member Powell inquired about the intent of Resolution 1b. Mayor Broun said Resolution 1b supported authorization for a local entertainment tax option but did not address the matter of a statewide entertainment tax.

THE QUESTION WAS CALLED AND RESOLUTION 1B WAS PLACED ON THE FLOOR AND PASSED BY A VOTE OF 6-3, WITH COUNCIL MEMBERS CAPOWSKI, CHILTON AND MAYOR BROUN VOTING NO.

A RESOLUTION REQUESTING A LOCAL BILL AUTHORIZING AN ENTERTAINMENT TAX (93-3-1/R-1b)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council requests the introduction and favorable consideration of a local bill authorizing an entertainment tax substantially in the form requested by the Council in 1991 and with an additional clause clarifying exclusion for tickets distributed to UNC students which are paid for with student fees as set forth in a draft bill submitted to the Council on March 1, 1993.

This the 1st day of March, 1993.

Mayor Broun noted that although he had voted against the proposal, he would provide any leadership and guidance necessary to move the request through the legislative process.

Noting his interest in the matter of citizen-initiated recall of elected officials, James McEnery said he hoped that the Council would show their commitment to community interest in this matter. He expressed concern that a person convicted of a crime and with a lack of integrity was seated on the Council. Mr. McEnery said he did not feel safe with this type of representation. He expressed hope that the Council would pass the proposal onto the legislature in its current form. Mr. McEnery stated that absentee ballots were available for persons who would be out of town during the summer break at the University.

Thanking Mr. McEnery for his comments, Council Member Chilton said he agreed with the need to proceed with the proposal expeditiously. Council Member Chilton added that he respectfully disagreed on the matter of absentee balloting during possible summertime recall events. He expressed concern that holding a recall election during the summer months could result in discrimination against University staff, faculty members, students and retirees out of town during this period.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO THREE PARAGRAPHS PERTAINING TO TIMING OF RECALL ELECTIONS ON PAGE TWO OF THE ATTORNEY'S MEMORANDUM TO THE COUNCIL.

Council Member Andresen noted that absentee balloting was a viable option for handling summertime recall elections. Council Member Chilton stated that persons out of town for two months might not know when a recall election was proposed. Council Member Andresen emphasized the importance of weighing and balancing student input against accountability to the electorate. Council Member Chilton said he was although thinking about this aspect. Council Member Capowski said the Council had a timely responsibility to all citizens. Noting that only two UNC students had spoken at the public hearing on the recall proposal, Council Member Capowski stated that local government operations continued throughout the summer months. Council Member Rimer said Council Member Chilton's earlier points were well-taken. He noted that students had a right to vote. Council Member Rimer also said that not many speakers had addressed the recall proposal at the public hearing. Council Member Rimer suggested that identifying a specific recall election blackout period such as June 1st to August 1st seemed to be a reasonable compromise. Council Member Werner said he was thinking of something similar wherein recall elections would not be held for a two month period during the summer.

Noting that the Council was in recess for a six to seven week period during the summer, Council Member Chilton said these were interesting proposals. He said another possibility was not holding recall elections anytime between the first Monday in July and the last Monday in August. Council Member Chilton inquired whether anything would preclude this approach. Mr. Karpinos said no, adding that this approach would provide a clear indication of the Council's intent to the legislature and the Board of Elections. Mayor Broun inquired whether the proposed amendment was acceptable to the seconder of the motion. Council Member Brown said yes, adding that she hoped that other types of election would not be held during this period either.

THE MOTION, TO ADOPT THE DRAFT LANGUAGE, AS AMENDED, WAS ADOPTED UNANIMOUSLY (9-0).

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER CHILTON TO ADOPT THE FOLLOWING ADDITIONAL AMENDMENT AS PARAGRAPH THIRTEEN OF THE PROPOSAL: "NO RECALL PETITION SHALL BE FILED AGAINST AN OFFICER WHO HAS BEEN SUBJECTED TO A RECALL ELECTION AND NOT REMOVED THEREBY, UNTIL AT LEAST SIX (6) MONTHS AFTER THAT ELECTION."

Council Members Andresen and Powell inquired about the intent of the proposed language. Mayor Broun stated that if a recall effort were unsuccessful, another recall election for the same individual could not be held within six months.

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

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

A RESOLUTION REQUESTING A LOCAL BILL AUTHORIZING CITIZEN-INITIATED REFERENDA ON RECALL OF ELECTED MUNICIPAL OFFICIALS IN THE TOWN OF CHAPEL HILL (93-3-1/R-1c)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council requests the introduction and favorable consideration of a local bill authorizing citizens to initiate referenda on the recall of municipal elected officials as set forth in a draft bill endorsed by the Council on March 1, 1993.

This the 1st day of March, 1993.

Item 6 Better Wrench Request for Special Use Permit

Mr. Waldon said the application involved a sixteen acre tract on the west side of Airport Road. He noted that three applications (Better Wrench SUP, Mercedes Drive Office Building SUP and Northfield subdivision) were submitted together. Mr. Waldon stated that the Manager, Planning and Transportation Boards recommended adoption of Resolution A.

Mayor Broun inquired whether the applicant had a statement. Mr. Woods said his client had agreed to construct a two hundred foot long, four foot high pressure-treated wood fence as requested by an adjoining property owner, Bridges Pendergraph.

Mr. Intrator was sworn by the Town Clerk. Roland Intrator, a homeowner in the Glen Heights subdivision, said he hoped that the proposed sewer easement would be available for adjoining Glen Heights residents to tap into the sewer line. He requested that this be included as a condition of approval. Mr. Intrator said at least three of his neighbors also wished to receive service from the sewer line at a lesser cost than other OWASA sewer service alternatives.

Noting that there was a sewer easement on the site plan, Mr. Waldon said there was no need for additional language. Council Member Capowski inquired about the proposed location of sewer lines. Mr. Waldon said the proposal was for the Better Wrench and Mercedes Drive projects to be constructed followed by installation of a lateral into the proposed Northfield subdivision site. Council Member Brown inquired about the impact of the proposed sewer lines on surrounding development. Mr. Woods said the primary impact would be that sewer service would be available at a comparably lesser cost to homes in Glen Heights subdivision adjoining Northfield subdivision, and the remaining Glen Height residents would be left with larger shares of the cost of extending sewer from a different direction. Council Member Brown inquired about the applicant possibly recycling anti-freeze and freon. Mr. Woods said A Better Wrench currently recycled both freon and anti-freeze.

Council Member Capowski thanked Mr. Woods for taking the proposal to the Design Review Board. He noted that the proposed car repair facility would likely be a very attractive project. Council Member Capowski noted that it had taken a total of only five months for the project to get through the Town's development review process. Mayor Broun inquired whether the applicant accepted the proposed conditions of approval. Mr. Woods said yes.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADJOURN THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

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

A RESOLUTION APPROVING AN APPLICATION FOR SPECIAL USE PERMIT FOR THE BETTER WRENCH (SUP-24..p/o 38) (93-3-1/R-2a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application, proposed by BRW, Inc., representing Max Scroggs, on property identified as Chapel Hill Township Tax Map 24, part of Lot 38, if developed according to the site plan dated September 29, 1992 (revised October 29, 1992), and the conditions listed below, would:

1. Be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;

2. Comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Articles 12, 13, 14 and 18, and with all other applicable regulations;

3. Be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property, or be a public necessity; and

4. Conform with the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.

BE IT FURTHER RESOLVED that the Council hereby approves the application for Special Use Permit for the Better Wrench in accordance with the plans listed above and with conditions listed below;

Stipulations Specific to the Development

1. That construction begin by March 1, 1995 (two years from the date of Council approval) and be completed by March 1, 1996 (three years from the date of Council approval).

2. Required Improvements:

a. That parking lots and drive aisles be constructed to Town standards, except that the fenced car storage area may be constructed with a mat and seal surface.

3. Minor Subdivision Plat: That a minor subdivision plat, dividing the subject property into three (3) zoning lots and dedicating right-of-way for a new roadway which extends along the southern property line to the western boundary of the new Lot #2, as indicated on the site plan referenced above, shall be recorded in the Orange County Register of Deeds Office prior to issuance of a Zoning Compliance Permit.

4. Dumpster Location: That the location of the dumpsters and fencing be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

5. Dumpsters for Adjacent Development: That appropriate dumpster agreements be signed by property owners of this and the adjacent lot, approved by the Town Manager, and recorded prior to the issuance of a Zoning Compliance Permit.

6. Liquid Waste Management: That a liquid waste management plan, including a plan for recycling and/or disposal of waste oil, be reviewed for approval by the Town Manager prior to issuance of a Zoning Compliance Permit.

7. Stormwater Management: That runoff from the site be carefully routed and treated to remove oil and other pollutants prior to drainage into the stormwater sewer in a manner to be approved by the Town Manager.

Stipulations Related to State and Federal Government Approvals

8. State or Federal Approval(s): That plans for improvements to state-maintained roads or within NCDOT rights-of-ways be approved by NCDOT prior to the issuance of a Zoning Compliance Permit.

Stipulations Related to Landscape Elements

9. Landscape Plan Approval: That a detailed landscape plan, landscape maintenance plan, fence plan, and lighting plan be approved by the Appearance Commission prior to the issuance of a Zoning Compliance Permit. The Landscape Plan shall include:

20 foot type B buffers, as shown on the site plan, along the northern and southern property lines; and

60 foot type D buffer, as shown on the site plan, along the western property line.

10. Landscape Protection Plan: That a Landscape Protection Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

Stipulation related to Building Elevations

11. Building Elevation Approval: That detailed building elevations be approved by the Appearance Commission prior to issuance of the Zoning Compliance Permit.

Stipulations Related to Water, Sewer and Other Utilities

12. Fire Flow: That a fire flow report prepared by a registered professional engineer, showing that flows meet the minimum requirements of the Design Manual, be approved prior to issuance of a Zoning Compliance Permit.

13. Utility/Lighting Plan Approval: That the final utility/lighting plan be approved by Orange Water and Sewer Authority, Duke Power, Public Service Company, Southern Bell, and the Town Manager, before issuance of Zoning Compliance Permit. The property owner shall be responsible for assuring these utilities are extended to serve the development.

Miscellaneous Stipulations

14. Solid Waste Management Plan: That a detailed solid waste management plan, including a recycling plan and plan for management of construction debris, be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. Consideration shall be given to expanding the refuse collection area to include a pad and dumpster for cardboard recycling.

15. Detailed Plans: That final detailed site plan, grading plan, utility/lighting plans, stormwater management plan (with hydrologic calculations), landscape plan and landscape maintenance plan be approved by the Town Manager before issuance of a Zoning Compliance Permit, and that such plans conform to the plans approved by this application and demonstrate compliance with all applicable conditions and the design standards of the Development Ordinance and the Design Manual.

16. Sight Triangle Easements: That sight triangle easements be provided on the final plat.

17. Erosion Control: That a soil erosion and sedimentation control plan be approved by the Orange County Erosion Control Officer and the Town Manager before issuance of a Zoning Compliance Permit.

18. Silt Control: That the applicant take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.

19. Fence: That the applicant construct a four-foot high wooden

fence along the southern property line for the width

of its boundary with the Pendergraph property.

20. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.

21. Non-severability: If any of the above conditions is held to be invalid, approval in its entirety shall be void.

BE IT FURTHER RESOLVED that the Council hereby approves the Special Use Permit for the Better Wrench in accordance with the plans and conditions listed above.

This the 1st day of March, 1993.

Item 6 Mercedes Drive Office Building Special Use Permit Request

Mr. Waldon said Resolution 3a was recommended by the Manager and Transportation Board. He noted that Resolution 3b did not include a stipulation for a bus shelter or pad. Mayor Broun inquired whether the applicant agreed to the proposed conditions of approval. Mr. Woods said yes.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADJOURN THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY

(9-0).

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

A RESOLUTION APPROVING AN APPLICATION FOR SPECIAL USE PERMIT FOR THE MERCEDES DRIVE BUILDING (SUP-24..p/o 38) (93-3-1/R-3a)

1. Be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;

2. Comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Articles 12, 13, 14 and 18, and with all other applicable regulations;

3. Be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property, or be a public necessity; and

4. Conform with the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.

BE IT FURTHER RESOLVED that the Council hereby approves the application for Special Use Permit for the Better Wrench in accordance with the plans listed above and with conditions listed below;

Stipulations Specific to the Development

1. That construction begin by March 1, 1995 (two years from the date of Council approval) and be completed by March 1, 1996 (three years from the date of Council approval).

2. Required Improvements:

a. That Airport Road be improved to half of a 65-foot cross-section (including curb and gutter) plus a 4-foot bike way and sidewalk along the property frontage.

b. That all parking lots and drive aisles be constructed to Town standards.

4. Dumpsters: If the dumpsters for this development are to be located on adjacent property, that appropriate dumpster agreements be signed by property owners of this and the adjacent lot and recorded prior to the issuance of a Zoning Compliance Permit.

5. Transportation Management Plan: That a Transportation Management Plan be developed, and that the Town Manager review and approve this plan prior to issuance of a Zoning Compliance Permit. The Transportation Management Plan shall include provisions for reducing single occupant vehicle trip to and from the site, and for increasing the use of alternative modes of transportation. The Plan shall also include provision for designation of a Transportation Coordinator and provision of an annual report to the Town Manager every December.

6. Bus Pad and Shelter: That a bus stop pad and shelter be constructed at the existing bus stop at the intersection of Airport Road and Critz Drive.

Stipulations Related to State and Federal Government Approvals

7. State or Federal approval(s): That plans for improvements to state-maintained roads or within NCDOT rights-of-ways be approved by NCDOT prior to the issuance of a Zoning Compliance Permit.

Stipulations Related to Landscape Elements

8. Landscape Plan Approval: That a detailed landscape plan, landscape maintenance plan, and lighting plan be approved by the Appearance Commission prior to the issuance of a Zoning Compliance Permit. The Landscape Plan shall include:

30' type D buffer, as shown on the site plan, along the eastern property line;

10' type B buffers, as shown on the site plan, on the northern and western property lines;

Type B buffer along the southern property line; or an alternative Type B buffer along the southern property line, if requested by the applicant and approved by the Appearance Commission.

9. Landscape Protection Plan: That a Landscape Protection Plan, including preservation techniques for the 36-inch oak and the 16-inch holly existing on the site, be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

Stipulation related to Building Elevations

10. Building Elevation Approval: That detailed building elevations be approved by the Appearance Commission prior to issuance of the Zoning Compliance Permit.

Stipulations Related to Water, Sewer and Other Utilities

11. Fire Flow: That a fire flow report prepared by a registered professional engineer, showing that flows meet the minimum requirements of the Design Manual, be approved prior to issuance of a Zoning Compliance Permit.

12. Utility/Lighting Plan Approval: That the final utility/lighting plan be approved by Orange Water and Sewer Authority, Duke Power, Public Service Company, Southern Bell, and the Town Manager, before issuance of Zoning Compliance Permit. The property owner shall be responsible for assuring these utilities are extended to serve the development.

Miscellaneous Stipulations

13. Solid Waste Management Plan: That a detailed solid waste management plan, including a recycling plan and plan for management of construction debris, be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

14. Detailed Plans: That final detailed site plan, grading plan, utility/lighting plans, stormwater management plan (with hydrologic calculations), landscape plan and landscape maintenance plan be approved by the Town Manager before issuance of a Zoning Compliance Permit, and that such plans conform to the plans approved by this application and demonstrate compliance all applicable conditions and the design standards of the Development Ordinance and the Design Manual.

15. Sight Triangle Easements: That sight triangle easements be provided on the final plat.

16. Erosion Control: That a soil erosion and sedimentation control plan be approved by the Orange County Erosion Control Officer and the Town Manager before issuance of a Zoning Compliance Permit.

17. Silt Control: That the applicant take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.

18. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.

19. Non-severability: If any of the above conditions is held to be invalid, approval in its entirety shall be void.

BE IT FURTHER RESOLVED that the Council hereby approves the Special Use Permit for the Mercedes Drive Building in accordance with the plans and conditions listed above.

This the 1st day of March, 1993.

Item 7 Northfield Subdivision Request for Preliminary Plat Approval

Mr. Waldon said adoption of Resolution 4a was recommended. Council Member Capowski inquired about the limits of the proposed Class A street. Mr. Waldon said the proposed street was reasonably wide and would be median-divided, splitting off into two local streets. Council Member Capowski inquired whether it was correct that the automobile repair facility would be constructed right away with the office building and subdivision getting underway when market conditions improved. Mr. Woods said it was likely that the automobile facility and commercial building might be built in the near future. Council Member Capowski inquired whether the permission to subdivide property existed forever. Mr. Waldon said a preliminary plat was good for one year and that a final plat had to be filed within this time. Council Member Capowski inquired about the relationship between final plat recordation and road construction. Mr. Karpinos said that developers had to provide bonds prior to beginning road construction. Mayor Broun inquired whether the proposed conditions of approval were acceptable. Mr. Woods said yes.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADJOURN THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY

(9-0).

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT RESOLUTION 4A. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION APPROVING AN APPLICATION FOR PRELIMINARY PLAT FOR NORTHFIELD SUBDIVISION (SD-24..38A) (93-3-1/R-4a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the preliminary plat application, proposed by BRW, Inc., representing Max Scroggs, on property identified as Chapel Hill Township Tax Map 24, part of Lot 38A, if developed according to the preliminary plat dated September 29, 1992 (revised October 29, 1992), and the conditions listed below, would comply with the Development Ordinance:

Stipulations Specific to the Development

1. Required Improvements:

a. That Airport Road be improved to half of a 65-foot cross-section with a 4-foot bike way and sidewalk along the property frontage.

b. That a Class A street, with curb and gutter and sidewalk, be constructed from Airport Road to a point approximately 500 feet west, where the proposed median begins.

c. That the cul-de-sacs, beginning at the eastern end of the median, be constructed to Class B street standards, with curb and gutter and sidewalk.

d. That standard width right-of-way shall be dedicated along the streets and cul-de-sacs.

e. That at least two, 20-foot wide pedestrian easements, each labelled as a "public pedestrian and non-motorized vehicle easement" be indicated on the final plans and final plat. At least one easement shall connect the road system to the north property line and at lease one easement shall connect the road system to the western property line. All easements shall be between, not on, residential lots. These easements shall be maintained by the Homeowners' Association and signs shall be posted to identify them as pedestrian connections.

f. That a water line, at least 8 inches in diameter, be provided from Airport Road.

g. That if the median is constructed:

i) it be built to Town standards

ii) it be maintained by the Homeowners' Association

iii) that water and sewer lines be routed around the median. These lines shall be of ductile iron extending at least 15 feet from each end of the median island

iv) no manholes be constructed in this area

Stipulations Related to Recreation Area

2. Dedication of Recreation Area for Preliminary Plat applications: That the final plat dedicate and deed the Recreation Area to the Homeowners' Association for parks and recreation purposes only. The developer shall remain responsible for the recreation area unless and until the Homeowners' Association accepts the property.

Stipulations Related to State and Federal Government Approvals

3. State or Federal approval(s): That plans for encroachments in or improvements to state-maintained roads or within NCDOT rights-of-ways be approved by NCDOT prior to the issuance of a Zoning Compliance Permit.

Stipulations Related to Landscape Elements

4. Landscape Protection Plan: That a Landscape Protection Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

Stipulations Related to Water, Sewer and Other Utilities

5. Fire Flow: That four fire hydrants be located on the site, in locations approved by the Town Manager. A fire flow report shall be prepared by a registered professional engineer, showing that flows meet the minimum requirements of the Design Manual, be approved prior to issuance of a Zoning Compliance Permit.

6. Utility/Lighting Plan Approval: That the final utility/lighting plan be approved by Orange Water and Sewer Authority, Duke Power, Public Service Company, Southern Bell, Cablevision and the Town Manager, before issuance of Zoning Compliance Permit. The property owner shall be responsible for assuring these utilities, including cable television, are extended to serve the development.

7. OWASA Easements for Preliminary Plat applications: That easement documents as required by OWASA and the Town Manager be recorded before final plat approval.

Miscellaneous Stipulations

8. Solid Waste Management Plan: That a detailed solid waste management plan, including a recycling plan and plan for management of construction debris, be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

9. Detailed Plans: That final detailed site plan, grading plan, utility/lighting plans, stormwater management plan (with hydrologic calculations), landscape plan and landscape maintenance plan be approved by the Town Manager before issuance of a Zoning Compliance Permit, and that such plans conform to the plans approved by this application and demonstrate compliance all applicable conditions and the design standards of the Development Ordinance and the Design Manual.

10. Certificates of Occupancy: That no Certificates of Occupancy be issued until all required public improvements are complete; and that a note to this effect shall be placed on the final plat.

If the Town Manager approves a phasing plan, no Certificates of Occupancy shall be issued for a phase until all required public improvements for that phase are complete; no Building Permits for any phase shall be issued until all public improvements required in previous phases are completed to a point adjacent to the new phase; and that a note to this effect shall be placed on the final plat.

11. Sight Triangle Easements: That sight triangle easements approved by the Town Manager be provided on the final plat.

12. For Developments with New Streets - Traffic Signs: That the property owners shall be responsible for placement and maintenance of temporary regulatory traffic signs including street name signs before issuance of any Certificate of Occupancy until such time that the street system is accepted for maintenance by the Town.

13. For Developments with New Streets - Names, Numbers: That the name of the development and its streets and house/building numbers be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

14. Work Zone Traffic Control Plan: That a work zone traffic control plan be approved by the Town Manager before issuance of a Zoning Compliance Permit.

15. Erosion Control: That a soil erosion and sedimentation control plan be approved by the Orange County Erosion Control Officer and the Town Manager before issuance of a Zoning Compliance Permit.

16. Silt Control: That the applicant take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.

17. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.

18. Non-severability: If any of the above conditions is held to be invalid, approval in its entirety shall be void.

BE IT FURTHER RESOLVED that the Council hereby approves the preliminary plat for Northfield Subdivision in accordance with the plans and conditions listed above.

This the 1st day of March, 1993.

Item 8 Solid Waste Management Goals

Council Member Brown noted that the Council's earlier comments on proposed solid waste goals and objectives had been incorporated into the draft at the Council table this evening. Council Member Rimer added that the changes discussed at the February 22nd meeting were incorporated into the proposed goals. Council Member Brown noted that revised language was proposed for goal number twenty. Council Member Andresen said although she appreciated the subcommittee's work, it was difficult to evaluate the proposed goals when the item had been placed at the Council table this evening. Council Member Brown said the committee had reviewed the proposal goals fairly extensively. Council Member Rimer stated that the goals discussed at the February 22nd meeting were being returned for the Council's consideration this evening. Council Member Chilton said most of the changes were semantic differences or clarification matters.

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

A RESOLUTION CONCERNING ESTABLISHMENT OF TOWN SOLID WASTE MANAGEMENT GOALS (93-3-1/R-4.1)

BE IT RESOLVED that the Chapel Hill Town Council hereby adopts the following solid waste management goals as initially discussed at the Council's December 8, 1992 work session and February 22, 1993 regular meeting.

This the 1st day of March, 1993.

CHAPEL HILL SOLID WASTE GOALS

[Based on North Carolina Recycling and Solid Waste

Management Plan, Department of Environment, Health

and Natural Resources]

(Discussed at Work Session: December 8, 1992;

Minutes of Work Session Adopted: January 11, 1993;

Goals Adopted: March 1, 1993)

SECTION ONE - INTEGRATED WASTE MANAGEMENT PLANNING

Goal 1: To plan for and implement solid waste management systems involving an integrated mixture of program components giving priority to waste reduction.

Goal 2: To participate in the development of regional cooperative strategies to manage solid waste when appropriate and consistent with local waste reduction and cost effectiveness strategies, and that give equal consideration to minimizing environmental health hazards, conserving natural resources and energy, and minimizing total costs.

Goal 3: To define the relationships of the governing bodies of Orange County in order to plan, coordinate, implement, and regulate the programs and systems needed for effective solid waste management.

Goal 4: To effectively involve the public through public hearings, Town Committees and advisory boards as appropriate, and other means, in integrated solid waste management planning and program development by including the public and addressing public concerns and values at each stage of the decision making process.

SECTION TWO - UTILIZING WASTE STREAM CHARACTERIZATION DATA

Goal 5: To gather useful, accurate and appropriate data on the amount and nature of the waste stream as needed to assist in the planning of solid waste management programs and facilities.

SECTION THREE - COLLECTION, TRANSFER, AND DISPOSAL OF WASTE

Goal 6: To ensure the provision of reasonably convenient, cost-effective, and sanitary waste collection service to all residents, businesses, and industry in Chapel Hill, preferably regular household collection from all residential customers, and adequate collection arrangements available to all local businesses and industry.

Goal 7: To evaluate the potential for improved waste management through comparing source separation techniques as well as other collection and disposal technologies using efficiency, cost, resource conservation, protection of the environment and public health as the evaluation criteria.

Goal 8: To ensure that adequate, environmentally sound disposal capacity is available in the present and ideally for at least the next twenty years.

Goal 9: To undergo proactive planning, site screening, site selection, and design of required new landfill capacity and provide operation of existing facilities that will meet all federal, state and local requirements and reduce the risk of environmental degradation.

Goal 10: deleted

Goal 11: To effectively reduce and eventually eliminate littering and illegal dumping of solid waste within Chapel Hill.

Noting that the Council had previously considered a resolution concerning solid waste generated outside Orange County, Council Member Brown said she hoped that the Council would consider this resolution in the future. She stated that studies had shown a large amount of waste came into Orange County from other counties. Council Member Brown said she proposed bringing the matter back at a future meeting.

Council Member Capowski expressed concern that the solid waste goals and objectives had been placed at the table for Council consideration this evening. He said that some advance warning, preferably over a weekend, was desirable. Noting that the Landfill Owners Group next meeting was on March 11th, Council Member Rimer said the matter would have had to wait until March 22nd if it had not been considered this evening. Council Member Capowski inquired why the item had not been distributed on Friday evening. Council Member Chilton said the committee had experienced some meeting scheduling difficulties.

Item 9 Quarterly Report on Violent Crime and Drug Abuse Program

Mayor Broun noted that the good work and efforts of Jack Schier, Volunteer Program Coordinator and Tom Scott, Assistant Volunteer Program Coordinator, continued. Mayor Broun said that Mr. Schier was working on a number of grant proposals and that Vice-Chancellor Donald Boulton had agreed to serve as Chair of the University/Community Cooperation Committee. Mayor Broun also said the Media Committee had done a good job of making the community aware of crime and drug-related challenges. He noted that the Law Enforcement and Criminal Justice Committees also continued their good work.

Steve Wallace commended the TROSA program as a good alternative for substance abusers. He stated that Great Britain made prescription heroin and cocaine available to drug addicts as a means of reducing property crime. Mr. Wallace said some recent studies had questioned the effectiveness of the DARE (Drug Abuse Resistance Education) program. He also stated that a speaker at a recent local conference had indicated that aggression was most frequently linked to alcohol, rather than drugs. Expressing his desire to work with the committees of the Violent Crime and Drug Abuse Program, Mr. Wallace challenged the Council to provide funding for substance abuse treatment programs.

Council Member Andresen inquired about the genesis of the Youth Committee's charge. Mayor Broun said this charge had been developed by the initial task force. Mr. Horton said the committee had the longest list of objectives and needed a corresponding amount of resources and support. Council Member Capowski inquired about the criminal case study cited in the quarterly report. Mayor Broun said the study was intended to be illustrative of the criminal justice system from beginning to end. Council Member Capowski said he thought this was a marvelous idea. He also inquired about the nature of the Quest program. Ms. Loewenthal said this was a program for elementary school students to help define their values and to make their own choices.

Item 10 Downtown Planning Committee

Josh Gurlitz recognized the members of the Downtown Planning Committee in attendance this evening and thanked them for their assistance in preparing the report. He briefly outlined the committee's work to date, noting that the committee's recommendations were intended to sustain the downtown's well-being into the next century. Mr. Gurlitz emphasized that an appropriate people-sized scale was a necessary ingredient for success of policies in the downtown area. He also noted that the downtown was a lively and interesting place, having a diverse offering of bookstores and other businesses. Mr. Gurlitz also said the area was diverse from the standpoint of income levels and the ages of those using the downtown area. He emphasized the importance of maintaining downtown as a community asset.

Mayor Broun congratulated Mr. Gurlitz and the Downtown Planning Committee for their hard work and the thoroughness of their report. Council Member Andresen expressed interest in the proposed transportation policies outlined in the report, especially provisions for on-street parking in the downtown area. Noting that parking was always a difficult issue, Mr. Gurlitz emphasized the need for accessibility to the downtown area through the availability of convenient parking. He said that the proposals concerning on-street parking and the need for additional deck parking would likely be controversial.

Council Member Chilton said the report was a very good one. He stated that the number and scale of murals in the downtown area was quite unusual. Council Member Chilton suggested that the committee follow-up on the possibility of additional murals in the downtown area. Mr. Gurlitz expressed his concurrence noting that Glaxo and the Downtown Commission had been instrumental in providing support for the murals painted to date. Expressing her appreciation for the committee's work, Council Member Brown emphasized the importance of scale in the downtown area. She inquired whether the committee had discussed the proposed University parking deck near the corner of Pittsboro and Vance Streets. Mr. Gurlitz said although this specific project had not been discussed, the committee suggested that the Town and University jointly plan parking decks and pedestrian and bicycle linkages.

Council Member Capowski thanked Mr. Gurlitz and the committee for their report. Noting that he had no objective data to prove it, Council Member Capowski stated that there had recently appeared to be a net negative in matters of downtown pride and maintenance. Council Member Capowski inquired which downtown capital improvements would be high priorities for the committee. Mr. Gurlitz said the committee would be happy to discuss where the funds might be most useful. He also added that the committee would make funding requests to the Council and other agencies for near and long-term downtown capital improvements.

Council Member Werner expressed appreciation to the committee for their work. He requested the committee's comments on the inherent conflicts between increasing parking availability and making areas more pedestrian-friendly. Mr. Gurlitz said he would suggest narrower drive lanes and decreased speeds on Franklin Street to accommodate parking lanes. Mr. Gurlitz stated that parking lanes generally made pedestrians feel more comfortable. He also noted the importance of bicycles and pedestrians throughout the committee's report and recommendations. Council Member Werner inquired about the committee's reaction to the Town's recent policy changes concerning the provision of parking. Mr. Gurlitz said it was important to look for ways to decrease the number of automobiles on a project-by-project basis. Council Member Rimer thanked the committee for writing a very cogent report. He noted that economics and physical planning were both critical components of future downtown plans.

Council Member Brown inquired whether the committee had projected any costs for proposed programs. Mr. Gurlitz said no, adding that one step of the implementation plan was to create a first year work plan and assign dollar values to some projects. He noted that the committee had implemented one goal at no cost. Mr. Gurlitz said a discussion group of persons involved with downtown arts and cultural facilities was meeting regularly in an effort to keep the arts and cultural community strong. Council Member Brown inquired whether any timetable had been developed for the proposed work plan. Mr. Gurlitz said that although no timetable had been established, the first step would be to gather comments from committee members and other interested persons. Noting the importance of the downtown area as a community resource, Council Member Andresen thanked the committee for its hard work. Mayor Broun suggested that Council Members could forward any additional suggestions or comments to Mr. Gurlitz. Mayor Broun also said he liked the idea of a one-year plan.

Item 11 Report on Work Plan Items

Mr. Horton said staff welcomed additional comments on the proposed work plan this evening. Council Member Andresen emphasized the importance of strengthening coordination processes with the University. Council Member Andresen also expressed her support for the development of affordable transitional and rental housing programs. Council Member Brown expressed her concurrence with the need for these types of programs, including input from the Orange Community Housing Corporation. Mayor Broun noted that the proposed goals before the Council were intended to be very broad-based.

Council Member Brown requested that staff provide information concerning environmental and economic impacts of individual growth-related decisions. Council Member Werner requested additional specifics. Council Member Brown said the Council received limited information of the impact of growth-related decisions on existing Town services. Council Member Werner said the staff was limited in the scope of what it could examine. Council Member Andresen said she was not sure what specifically was being requested. Council Member Brown said she was requesting some sort of model to give municipalities a total picture of the impact, including taxes, of approved developments. Council Member Brown said she realized that this could not be implemented expeditiously. Mayor Broun said he was not sure that the Council had set this goal as a priority at the January 16th planning and reporting session. He suggested that the item could possibly be considered at a future Council planning and reporting session. Council Member Capowski emphasized the importance of tracking the effects of university and hospital development on the periphery of the campus area.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT RESOLUTION 5, AS AMENDED. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ADOPTING A SUMMARY OF THE COUNCIL'S POLICY DIRECTION AND WORK PLAN ITEMS BASED ON THE COUNCIL'S JANUARY 16, 1993 PLANNING SESSION (93-3-1/R-5)

BE IT RESOLVED by the Chapel Hill Town Council that the Council hereby adopts the attached summary of top priority goals, policy direction to the Manager and work plan items based on the Mayor and Council's discussion in the Planning Session on January 16, 1993.

This the 1st day of March, 1993.

SUMMARY OF THE COUNCIL'S PLANNING SESSION ON JANUARY 16, 1993

I. Top priority goals of the Council

A. Crime, drug abuse and public safety

Deal with both crime problems and citizens' fears about crime.

B. Transportation

Continue working with the NC Board and Department of Transportation on transit funding allocation issues.

C. Solid Waste Management

Complete the process of establishing solid waste goals and objectives in conjunction with Orange County, Carrboro and Hillsborough, and move forward with a work plan.

D. Development

Streamline the development review process.

Strengthen the planning process with the University and UNC Hospitals.

E. Fiscal Matters

Seek legislative authorization for new revenue sources.

II. Policy Direction to the Manager

Enhance the Police Department's computer capabilities in order to strengthen overall law enforcement.

Town housing assistance should focus on needs of families with income below 60% of the median (based on discussion in February 1 work session), and on the need for rental and transitional housing.

Continue evaluating the need for employee positions, especially when they become vacant.

Continue developing cost-based accounting.

III. Work Assignments

A. Crime and Drug Problems

Provide data on national and Chapel Hill crime trends.

B. Transportation

Talk with NC Department of Transportation regarding limited roadway improvements to South Columbia Street including the necessity of sidewalks and bikeways.

Evaluate pedestrian/cyclist crossing needs at the Estes/Franklin intersection; consider pedestrian signals, crosswalk lines, etc.

Make recommendations for a bikeways plan.

C. Development

Evaluate alternatives to improve planning process with the University and UNC Hospitals; review Office/ Institutional -3 zoning and special use permit/site plan review aspects.

Review four findings for evaluating special use permit applications.

Report on mixed use zoning: history, justification, etc.

Report on applicability of special appearance and conservation district zoning to UNC property and to the perimeter of the campus.

D. Fiscal Matters

Evaluate the structure of Town departments for efficiency improvements; complete in one year.

Report on pros and cons of real estate transfer tax.

Prepare a presentation to the County Commissioners on the Town's Library funding needs.

Make recommendations on how to pay for capital improvements including Streetscape items, bikelanes and greenways.

E. Council Meetings

Procedures Manual Committee is to make recommendations for streamlining meeting calendar.

Mayor will seek to arrange shortened session for Institute of Government workshop on effectiveness and efficiency (to be scheduled for evening or weekend time).

Schedule budget work sessions to begin at 5:45 pm.

F. Downtown

Mayor will write to Bankruptcy Court regarding need to address appearance of Paliouras building; and to NC Department of Environment, Health and Natural Resources regarding Top of the Hill site and regulatory process.

G. Water/Sewer

Council's concerns about rates for sprinkler/standpipe systems will be conveyed to OWASA Board appointees.

Report on status of OWASA's consideration of rates for sprinkler/standpipe systems.

H. Volunteers

Recruit volunteers as part of meeting with civic groups.

Items in Progress from Work Plan Based on 1992 Planning Session

Propose a process for cooperating with UNC and UNC Hospitals development

Prepare a proposal on the possibility of establishing a business incubator.

Pursue the need for air quality monitoring by the State.

Report on possible alternatives for construction of low-income housing in new development (to include consideration of inclusionary zoning).

Complete work on translating the Design Guidelines into design standards.

Propose pedestrian plan.

Pursue voluntary maintenance of bikeways.

Prepare preliminary draft addition to the Strategic Report to address crime and public safety matters.

Recommend addition to the Strategic Report to address the Town's budgeting and financial management goals and objectives.

Item 12 Report on Triangle Residential Options for

Substance Abusers (TROSA) Program

Craig Brown, President of the TROSA Board of Directors, said the program was a two-year residential program for persons with substance abuse problems. He stated that there were currently no programs for hard-core substance abusers in the Triangle area. Mr. Brown said that substance abuse prevention programs such as the Delancey Street program were very successful, with a successful graduation rate of between eighty and ninety percent. Mr. Brown said approximately $50,000 had been raised to initiate the TROSA program. He noted that the TROSA needed the general support of local government bodies, including the Council. Mr. Brown also said the program needed letters of support from area governments and agencies. He said that once the site plan for the program's project had been approved, TROSA would likely ask the Council to consider the establishment of a challenge grant in an effort to attract private funding. Mr. Brown said a number of substance abuse treatment programs such as Delancey Street were financially self-sufficient within a short period of time.

Mayor Broun inquired about the estimated number of annual program participants. Mr. Brown said the usual program staff ratio was six clients to one staff person. He added that the number of participants would depend on the availability of funding although other similar programs had twenty-five to thirty participants annually. Mr. Brown said that the typical program enrollment time was two and a half years. Council Member Capowski inquired about the ratio of voluntary participants to criminal justice system referrals. Mr. Brown said that approximately sixty to seventy percent of participants were criminal justice offenders. Mayor Broun thanked Mr. Brown for outlining the proposed program.

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

Item 13 Consent Agenda

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES (93-3-1/

R-6)

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

a. Bid award for public housing renovations (R-7).

b. Arrangements for annual Apple Chill Street Festival (R-8, O-1).

c. Scheduling budget work session (April 1 at 7:30 p.m.)

(R-9).

This the 1st day of March, 1993.

Trinity Court Rehabilitation Work

Council Member Werner inquired about the number of units proposed for rehabilitation. Mr. Horton said all forty units were proposed for rehabilitation. Council Member Werner inquired whether the estimated cost of $13,000-$14,000 per unit was a typical cost. Mr. Horton said although the Town had not done this type of work recently, the bids appeared to be reasonable.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO ADOPT RESOLUTION 7. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ACCEPTING A BID AND AWARDING A CONTRACT FOR THE REHABILITATION WORK AT TRINITY COURT PUBLIC HOUSING NEIGHBORHOOD (93-3-1/R-7)

WHEREAS, the Town of Chapel Hill has solicited formal bids by advertisement in The Chapel Hill News on December 29, 1992 and the Challenger Newspaper on January 7-13, 1993 and in accordance with General Statutes 143-128 for rehabilitation work; and

WHEREAS, the following bids were received and opened on February 10, 1993:

Single prime contract for entire project:

Contractors Bid Amount

Bordeaux Construction Company, Inc. $540,000.00

Superior Construction Company $593,000.00

Central Builders, Incorporated $594,594.00

Albemarle Home Builders $620,000.00

Romeo Guest $634,824.00

Freedom Constructors, Incorporated $648,000.00

Blue Ridge Enterprises $678,500.00

Multiple prime contract to include renovations and site improvements:

General Contractors

Bordeaux Construction Company, Inc. $426,394.00

Delta Builders $427,558.00

H. M. Kearn $437,990.00

Central Builders, Incorporated $443,443.00

Romeo Guest $476,811.00

Superior Construction $506,415.00

Albemarle Home Builders $515,200.00

Blue Ridge Enterprises $572,800.00

Plumbing:

Sparrow and Sons Plumbing $107,150.00

Brown Brothers Plumbing Company $129,337.00

Electrical:

Watson Electrical $ 24,800.00

Basic Electric Company $ 31,765.00

RVM Electrical Company $ 33,666.00

Johnson's Modern Electric $ 39,000.00

Vaughn Electric Company $ 49,753.00

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town accepts the bid and awards a contract to Bordeaux Construction Company, Inc. in the amount of $540,000.00 for rehabilitation work at the Trinity Court public housing neighborhood.

This the 1st day of March, 1993.

Apple Chill Street Fair Arrangements

Council Member Herzenberg said he had read in local newspapers that some consideration was being given to rescheduling the date of the 1994 Apple Chill Street Fair. He asked the Manager to conduct a poll among vendors and community groups at this year's Apple Chill concerning the proposal of changing the date of the 1994 event.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 8 AND ORDINANCE 1. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION CLOSING A PORTION OF FRANKLIN STREET FOR APPLE CHILL STREET FAIR (93-3-1/R-8)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby directs the closing of Franklin Street between Columbia Street and the western entrance of the Morehead Planetarium parking lot, and of Henderson Street between Rosemary and Franklin Streets on Sunday, April 18, or April 25, 1993, from 10:30 a.m. to 8:00 p.m., to allow the holding of the Apple Chill Street Fair and cleanup of the street following the Fair.

This the 1st day of March, 1993.

AN ORDINANCE TEMPORARILY REMOVING PARKING FROM PORTIONS OF FRANKLIN AND HENDERSON STREETS (APPLE CHILL '93) (93-3-1/O-1)

BE IT ORDAINED by the Council of the Town of Chapel Hill:

That on the 18th day of April or the 25th day of April, 1993 between the hours of 12:30 and 8:00 p.m., there shall be no parking on either side of Franklin Street between Columbia Street and the western entrance of Morehead Planetarium parking lot, or on either side of Henderson Street between Franklin and Rosemary Street between the above hours.

The Police Department of the Town of Chapel Hill is hereby authorized to cover the parking meters on said streets during such hours on said date. The Police Department is further authorized to remove, tow, and impound automobiles and vehicles of any kind which are parked on said streets during such hours in contravention of this Ordinance. In light of the large number of pedestrians expected in the Street Fair area, the Council hereby determines that vehicles in the restricted area would constitute a special hazard requiring prompt removal. The owner shall be responsible for and pay storage and moving costs of any vehicle removed pursuant to the provisions of the Ordinance, and the Police Department shall use reasonable diligence to notify the owner of the removal and storage of such vehicles.

This the 1st day of March, 1993.

Council Member Capowski noted that last year, a number of the Council's budget work sessions had been cablecasted. He inquired whether there had been a decision not to televise the sessions this year. Mr. Horton said the possibility of cablecasting some of the session had been left open. Council Member Chilton said it seemed to be a worthwhile investment to televise all budget work sessions. Council Member Andresen said it might be helpful to change the format of budget work sessions whereby the Council would work around a table similar to that in the Council conference room. She said the matter could be discussed further at a future meeting.

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

A RESOLUTION SCHEDULING A BUDGET WORK SESSION (93-3-1/R-9)

BE IT RESOLVED that the Council of the Town of Chapel Hill hereby schedules a budget work session on Thursday, April 1st at 7:30 p.m.

This the 1st day of March, 1993.

No report followed the executive session. The meeting concluded at 10:49 p.m.