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

TOWN OF CHAPEL HILL, MONDAY, APRIL 12, 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 (arrived at 8:17 p.m.), Alan Rimer 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

Ruth Turner Camp noted that communities throughout the Research Triangle area were being asked to establish challenge membership funds for individual World Trade Center memberships.

Council Member Brown noted that some citizens had expressed concern about noise from bands performing at the Smith Activity Center. She requested that staff test noise levels in the area.

Council Member Andresen requested a quick report on the status of the Orange County Commission's study on district representation. She also inquired whether the Council could be a part of this process. Noting the importance of the principle of one-person, one-vote, Council Member Rimer expressed his concurrence with Council Member Andresen's request.

Council Member Andresen also requested a report on the matter of failing septic tanks in the Town and Orange County. She said a major dilemma was who would take care of these problems. Mr. Horton said the staff could provide a report on the known instances of septic tank failures.

Council Member Herzenberg said Town residents owed a debt of gratitude to the Police, Public Works and Fire departments for their assistance with the community celebration following the Tarheels NCAA basketball championship on April 5th. Council Member Herzenberg also noted with profound regret the passing of long-time civil rights activist Charlie Jones. Council Member Herzenberg noted that a memorial service for Mr. Jones would be held on Sunday, April 18th at 3:00 p.m. at the Community Church.

Council Member Rimer suggested that the Council establish a business focus group to provide feedback on the provision of Town services. He proposed that the Chamber of Commerce coordinate the group, with a report to be to the Council in the fall. Council Member Werner noted that the Town had a number of business-oriented groups such as the Chamber of Commerce, Downtown Commission, Public-Private Partnership and others. Noting that the Council was a very receptive and open body, Council Member Werner said he was a little uncomfortable with the Council appointing such a group. Council Member Rimer said his original thought was to have the Chamber of Commerce serve as a focal point for the group. Council Member Andresen said she agreed with Council Member Werner's comments on the need for a more focused objective. She added that the Town of Carrboro had recently held focused sessions with local business persons.

Noting that only fifteen restaurants in the Chapel Hill area belonged to the Chamber of Commerce, Council Member Herzenberg expressed concern that the proposed group would not be inclusive of all interested businesses. Council Member Brown stated that the Orange County Economic Development Commission was actively involved in local business affairs. She inquired about the genesis of Council Member Rimer's suggestion. Council Member Rimer said there was no specific catalyst other than conversations with business leaders. Mayor Broun said although he was enthusiastic about the group getting together, he was unsure that there were not other mechanisms to handle these concerns. He suggested that the next step might be for the Chamber of Commerce and the Council to further explore the concept. Noting that many businesses were not Council of Chamber members, Council Member Werner said although further discussions were appropriate, he did not think it was a good idea to sanction the proposal. Council Member Rimer noted that the Chamber of Commerce had offered to serve as a focal point for the proposed group.

Mayor Broun noted that a dedication ceremony for the Triangle Transit Authority's regional transit service would be held on April 15th. Mayor Broun expressed concern that the Hector's building had not been refurbished in a timely manner following a fire in early 1991. He requested that the Manager and Attorney explore options to improve the appearance of the burned-out building.

Mr. Horton noted that adoption of Resolution 8a, deferring membership in the World Trade Center, was recommended.

Mayor Broun read the following resolution honoring the UNC Tarheels basketball team.

A RESOLUTION BY THE CHAPEL HILL TOWN COUNCIL EXPRESSING PRAISE AND CONGRATULATIONS TO THE UNIVERSITY OF NORTH CAROLINA TAR HEELS ON THE OCCASION OF THEIR NATIONAL CHAMPIONSHIP IN THE 1993 NATIONAL COLLEGIATE ATHLETIC ASSOCIATION TOURNAMENT

WHEREAS, on Monday, April 5, 1993, the University of North Carolina Tar Heels defeated the University of Michigan to win the National Collegiate Athletic Association's Division I men's basketball championship; and

WHEREAS, by this great victory the Tar Heels have again proven and demonstrated to all that they are the Number One Basketball Team in these United States; and

WHEREAS, said victory was achieved by the Basketball Team, Head Coach Dean Smith and the staff of the UNC Basketball Program through their talent, skills, hard work, united effort and rousing play; and

WHEREAS, the Tar Heels won several games during the 1992-93 regular season and during the NCAA tournament in which they had trailed by 10 to 20 points, and their victories on those occasions are a continuing inspiration to us all; and

WHEREAS, the Tar Heels also completed the Atlantic Coast Conference's regular season this year in first place; and

WHEREAS, the Tar Heels have brought honor upon themselves, the University of North Carolina, the Town of Chapel Hill and the State of North Carolina;

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Town Council of Chapel Hill hereby express their praise, admiration and congratulations to the University of North Carolina Tar Heels for winning the national championship in the 1993 NCAA tournament.

This the 12th day of April, 1993.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO ADOPT THE RESOLUTION. THE MOTION WAS ADOPTED UNANIMOUSLY

(8-0).

Council Member Chilton read a resolution honoring the Duke Blue Devils basketball team on the occasion of its tenth consecutive visit to the NCAA Basketball Championship final thirty-two.

Item 4 Boards and Commissions

Planning Board

Council Member Chilton suggested that the Council consider appointing Jeffrey Matkins to the vacant Planning Board seat. Council Member Andresen suggested that the Council consider appointing a resident of the northern part of the Town to the Planning Board in the future.

MR. MATKINS RECEIVED SIX VOTES (ANDRESEN, BROUN, BROWN, CHILTON, HERZENBERG AND WERNER) AND WAS APPOINTED TO THE PLANNING BOARD. DAVID HARTZELL (RIMER) AND KRISTIN REINER (CAPOWSKI) RECEIVED ONE VOTE EACH. ORIGINAL BALLOTS ARE ON FILE IN THE CLERK'S OFFICE.

Northwest Area Planning Group

Noting that the appointment of two additional Northwest Area Planning Group representatives had been suggested at the Council's March 22nd meeting, Mayor Broun suggested the appointments of Bruce Guild and Judson Edeburn to the group.

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO APPOINT BRUCE GUILD AND JUDSON EDEBURN TO THE NORTHWEST AREA PLANNING GROUP. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Item 10.1 Knolls Affordable Housing

Planning Director Roger Waldon reviewed the proposal to provide affordable homeownership opportunities in the Knolls neighborhood. Mr. Waldon said the Knolls neighborhood was requesting Town financial assistance of $20,000 to cover the cost of moving two homes from Durham to lots located off Merritt Mill Road. He stated that the staff's recommendation was adoption of Resolution A, directing the staff to continue discussions and bring back specific suggestions for handling methods and costs of rehabilitating the houses. He added that Resolution B would direct the Manager to prepare and execute loan documents for the housing rehabilitation proposal.

Sandra Edwards, Director of Pine Knolls Community Center, expressed concern about the future of the Knolls neighborhood. Ms. Edwards emphasized the importance of joining hands to rebuild communities. She requested that persons favoring the Knolls affordable housing rise to show their support. Ms. Edwards expressed hope that the Council would work with the neighborhood's residents to make the community better.

Ted Parrish noted that the Knolls development was not annexed into the Town until the late 1960's. He added that $9,000 in community development block grant funds were provided for construction of the Knolls Community Center in 1976. Mr. Parrish stated that a number of white children used the basketball courts in the Knolls community. He also expressed concern that Town assistance to Knolls residents were generally reluctant and slow. Mr. Parrish stated that the option for moving the two houses expired on April 17th. He noted that the Knolls neighborhood was requesting funding of $20,000 this evening and $70,000 in the future to renovate the two homes. Council Member Andresen requested detail on Mr. Parrish's idea about a revolving housing loan fund. Mr. Parrish said funds from the sale of renovated homes could be reinjected into the program to renovate additional homes. Council Member Rimer inquired about the logistics for moving the homes expeditiously. Mr. Parrish stated that arrangements had been made to the homes in the event that funding were made available this evening.

Virginia Barbee expressed concern that the historical character of the Knolls community had already been lost. She stated that the Knolls community was in a lot of pain due to being sold out in the redevelopment process.

Joel Tolliver, an Master of Business Administration student at the Kenan-Flagler Business School, pledged his support for residents of the Knolls neighborhood. Mr. Tolliver said moving people out of the neighborhood was not a good solution. He also expressed the importance of community reinvestment. Mr. Tolliver said it was time for the Town to repay the members of the Knolls community.

Expressing her support for homeownership programs, Rebecca Clark said there were only five homes in Knolls neighborhood when her family moved there in 1941. Noting that some renters in the area did not take pride in maintaining their homes, Ms. Clark expressed hope that the Council would provide assistance in maintaining the positive character of the Knolls neighborhood.

Mary Mason-Lyon, 107 Grant Street, said the Housing Authority had done a poor job of repairing her home in 1979. She requested Town financial assistance in making necessary repairs to her home. Mayor Broun said the Council would respond to her concerns in the near future.

Jackie Poole, a nine-year resident of the Knolls neighborhood, expressed her support for the proposed homeownership program.

William Stroud said he supported programs to help improve the Knolls neighborhood area. He also requested the Council's support for the proposed programs.

Rod Heathcoat, a UNC student at and a weekly tutor at the Pine Knolls Community Center, said he could attest to the character and integrity of the community's residents. Mr. Heathcoat expressed his support for the homeownership program.

Council Member Werner stated that the public's comments this evening had been considerably broader than the specific proposal at hand. He noted that the Town was not attempting to move people out of the area. Council Member Werner suggested that the Manager prepare a report on the overall housing situation in the neighborhood. Council Member Werner also said he did not know whether it was less expensive to build new houses than to move existing ones.

Noting that she was very impressed with the effort to move two existing houses to the Knolls neighborhood, Council Member Andresen requested additional information about concerns of neighborhood residents.

Mr, Horton noted that the Town staff did not have specific expertise on some of the matters concerning Knolls neighborhood residents. He also noted that the Knolls Corporation was operating under a very short-term deadline. Noting that the Council did not have answers to all the proposal's, Mayor Broun said he thought it was worthwhile to take a risk and proceed with moving the two houses. He also requested that staff investigate the concerns of neighborhood residents outlined earlier in the meeting. Council Member Brown said she was impressed with the spirit of the Knolls community. Noting that a letter from Orange Community Housing Corporation Executive Director has stated that some economies could be realized by moving the houses, Council Member Brown said she was willing to go forward with the proposal.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT RESOLUTION 4.1A.

Council Member Rimer noted that Mr. Parrish had previously been successful with similar projects such as the Pine Knolls Community Center. He said the proposal was relatively low-risk. Council Member Powell said although she understood Ms. Dyer's concerns, she was also certain that Mr. Parrish had gone through the houses and were aware of potential problems. She expressed confidence that the Knolls neighborhood could complete the home rehabilitation projects.

Council Member Andresen suggested that the Orange Community Housing Corporation might serve as a consultant for the Knolls housing rehabilitation program. She inquired whether Mr. Parrish had problems with Resolution A. Mr. Parrish said adoption of Resolution B was preferable. He added that some of the Orange Community Housing Corporation's (OCHC) technical skills might be useful to the Knolls neighborhood. Mr. Horton noted that OCHC was administering $300,000 in HOME funds. Council Member Werner inquired about the significance of the April 26th date noted in the staff's memorandum. Mr. Horton said this was intended to trigger an expeditious follow-up report by the staff. Council Member Werner suggested that it would be preferable to consider Resolution B prior to Resolution A. Mayor Broun suggested that the Council table Resolution A. There were no objections from the Council.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT RESOLUTION 4.1B.

Council Member Capowski inquired about Ms. Dyer's report stating that the homes to be relocated would be worth less than $20,000. Mr. Horton noted that Ms. Dyer was uncertain of the actual value of the houses. He added that no Town staff members were competent to make this type of judgement. Council Member Capowski asked why two lots had been purchased since the two homes would be relocated onto one lot. Mr. Parrish said the second lot would be used for rehabilitation of another home or homes. He emphasized the importance of establishing a revolving loan fund for rehabilitation of homes.

Council Member Werner requested a clarification of the importance of April 26th relative to the proposed program. Mr. Parrish said once the houses were moved, it would be necessary to pour footings and put them on foundations. He noted that a total of $90,000 would be needed to rehabilitate the two homes. Council Member Werner inquired what would occur if only $20,000 in funding was available for the project. Mr. Parrish said although it was not absolutely necessary to receive all the funds by April 26th, it would be helpful to timely completion of the project. Mr. Horton noted that it would be possible for the staff to provide a follow-up report at the April 26th meeting.

Council Member Chilton called the question on Resolution 4.1b. Council Member Capowski inquired about the source of Town funds for the Knolls program. Mr. Horton said the $20,000 would come from the Town's Housing Loan Trust Fund. Council Member Capowski inquired about possible funding sources for the additional $70,00 requested by the Knolls neighborhood. Mr. Horton said these funds could possibly come from the General Fund, Housing Loan Trust Fund or Capital Reserve. Council Member Capowski inquired whether these funds might otherwise be allocated to the Orange Community Housing Corporation. Mr. Horton said he did not believe so. He added that Housing Loan Trust Funds would more likely be allocated to individuals than corporations.

RESOLUTION 4.1B WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO PREPARE AND EXECUTE LOAN AGREEMENTS (93-4-12/R-4.1b)

WHEREAS, the Council has received a petition from the Knolls Neighborhood Development Association, proposing to develop 20 low-income homeownership opportunities; and

WHEREAS, the Council continues to be interested in development of housing for individuals and families of low and moderate income; and

WHEREAS, the Association has requested a loan from the Town of $20,000 to allow the Association to purchase and move two single-family dwelling units from Durham to Chapel Hill;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to prepare and execute loan agreements, loaning $20,000 from the Town's Housing Loan Trust Fund to the Knolls Neighborhood Development Association, for the purpose of acquiring and moving two houses from Durham to Chapel Hill. This authorization is contingent upon the Knolls Neighborhood Development Association securing an option to purchase a lot, such lot to be the new location for the houses.

This the 12th day of April, 1993.

RESOLUTION 4.1A WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION DIRECTING THE TOWN MANAGER TO ASSIST IN DEVELOPMENT OF A LOW-INCOME HOUSING PROPOSAL (93-4-12/R-4.1a)

WHEREAS, the Council has received a petition from the Knolls Neighborhood Development Association, proposing to develop 20 low-income homeownership opportunities; and

WHEREAS, the Council continues to be interested in development of housing for individuals and families of low and moderate income; and

WHEREAS, additional information is needed in order to fully develop this proposal;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council directs the Town Manager to continue to work with the Knolls Neighborhood Development Association and the Orange Community Housing Corporation, to assist in developing a specific proposal to create 20 new low-income homeownership opportunities in the Knolls neighborhood.

BE IT FURTHER RESOLVED that the Manager is requested to bring this proposal back to the Council as quickly as details are available, with a preference to review a proposal on April 26, 1993.

This the 12th day of April, 1993.

Item 5 Eastowne Master Land-Use Plan Modification

Parties wishing to testify in the matter were sworn by the Town Clerk. Mr. Horton requested that additional materials introduced this evening be entered into the record of the hearing. Mayor Broun concurred with the request.

Planning Director Roger Waldon reviewed major issues relative to the proposal. He said one of the major issues was transferring one hundred surface parking spaces to a parking deck. Mr. Waldon said a reasonable compromise had been reached on the matter of "windows" in the project's buffering. He added that the target date for completion of the U.S. 15-501 Corridor study was early or mid-June. Council Member Andresen requested additional detail on the proposal to reduce the amount of surface parking. Mr. Waldon noted that these spaces would be shifted to parking decks. Council Member Andresen said she favored not having additional paved areas. Council Member Werner inquired when a more definite date would be known for completion of the corridor study. Mr. Waldon said although was indeterminable, interim reports would be requested.

Douglas Lay, owner of the Persian Carpet retail outlet, said he was concerned about the proposed location and extent of "windows" in the project's buffering. Dr. Lay stated that "windows" could be created by clearing underbrush rather than removing hardwoods and oak trees. He also expressed concern that customers of his establishment had difficulty entering and exiting his business at peak hours along U.S. 15-501 and Eastowne Drive. Dr. Lay suggested that the possibility of a driveway connector for an alternate exit and entrance to his business might be explored.

Jim Baker read a statement from Ed Pizer, owner of Eastowne. Mr. Pizer's statement expressed his appreciation for widespread approval of the proposed plan. Mr. Baker noted that Mr. Pizer urged the Council to approve the requested master land use plan modification. Mr. Pizer's statement also noted that the Town's special use permit would take at least nine to twelve months for each individual structure.

Council Member Capowski inquired whether any other properties near Dr. Lay's establishment could exacerbate the area's traffic problems. Dr. Lay said he was not aware of any other such situation.

Mr. Horton said staff recommended a compromise agreement to clear understory brush rather than removing large trees for "windows". Council Member Werner inquired about the Town's control over the removal of brush and trees. Mr. Horton said specific detail could be outlined in the project's special use permits.

Council Member Rimer said he thought that the Council had proposed contacting City of Durham officials about the proposed Eastowne project. Mayor Broun said this was correct. He added that it appeared reasonable to wait for results of the U.S. 15-501 Corridor Study prior to acting on the developer's request. Noting that the Durham-Chapel Hill Work Group would meet on April 13th, Council Member Werner said the Council would likely be in a position to act on the Eastowne master land-use plan request during June or July. Council Member Brown said she supported Resolution B, postponing consideration of the request until June. Council Member Andresen said she favored tabling the matter since it involved regional considerations.

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

(9-0).

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

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT RESOLUTION 1B, TABLING RESOLUTION 1A UNTIL JUNE OR LATER.

Mayor Broun noted that there had been an excellent spirit of cooperation on transportation matters with the City of Durham.

RESOLUTION 1B WAS ADOPTED UNANIMOUSLY (9-0).

A MOTION TABLING A RESOLUTION TO APPROVE APPLICATION FOR MASTER PLAN APPROVAL -- EASTOWNE ASSOCIATES (93-4-12/R-1b)

WHEREAS, the Chapel Hill Town Council has received an application for Master Plan Approval, proposed by Eastowne Associates for property identified as Chapel Hill Township Tax Map 26, part of Lot 17 and part of Lot 17F, located on US Highway 15-501; and

WHEREAS, the Town Council has entered into agreement with other local governments, the State of North Carolina, and private property owners to study the 15-501 Corridor regarding future land use and traffic projections; and

WHEREAS, the Town Council seeks information to be developed by the 15-501 Corridor Study to use in its considerations regarding development proposals; and

WHEREAS, the schedule for the Corridor Study calls for information to be developed over the next two months;

NOW, THEREFORE, be it resolved by the Council of the Town of Chapel Hill that the Council tables the resolution to approve the Master Plan application (Resolution A, presented to the Council on April 12, 1993, as amended by Council motion).

BE IT FURTHER RESOLVED the Town Manager is directed to return this Approval Resolution to the Council for vote at the Town Council's June 28 regular meeting.

This the 12th day of April, 1993.

Council Member Capowski requested that the applicant provide drawings showing height comparisons for the proposed hotel.

Item 6 NC 86 Roadway Improvements

Town Engineer George Small noted that the NC 86 roadway improvement proposal had been proposed for quite some time, with several public meetings and hearings held on various proposals. Mr. Small said special efforts had been made to meet the necessary roadway objectives while minimizing impacts on the corridor. He also noted that the North Carolina Department of Transportation had agreed to include a raised median and paved five foot bicycle lanes and sidewalks along NC 86 between Homestead Road and Interstate 40. Mr. Small said the Department of Transportation did not agree with the Town's proposal to have narrower travel lane widths since there would be a great deal of heavy truck traffic in the area.

Mr. Small stated that the estimated total project cost was $4.49 million. He added that the State of North Carolina might agree to match sidewalk construction costs. Mr. Small said the primary long-term fiscal impact would be costs for landscaping maintenance. Mr. Small noted that adoption of Resolution 2 was recommended.

Council Member Andresen inquired about the possibility of a traffic signal at Eubanks Road and NC 86. Mr. Small said the project emphasized minimizing the number of median cuts and left turns with the only proposed median cut being at Stateside Drive. Mr. Small added that Eubanks Road had met necessary warrants for a traffic signal.

Council Member Brown expressed concern that a freeway was being proposed in terms of lane and median widths. Mr. Small said staff had negotiated the narrowest possible median and lane widths. Council Member Brown asked whether this type of detail had been discussed with the North Carolina Secretary of Transportation. Mayor Broun said no. Mr. Horton noted that staff had requested eleven or eleven and a half foot wide travel lanes. Council Member Brown said she did not favor having a freeway through the middle of the Town. Mr. Horton noted that much of the traffic in the corridor had destinations in the Town.

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

Council Member Andresen inquired about the proposed roadway connection for Northwood 2 subdivision. Council Member Werner said this would be at Weaver Dairy Road. Council Member Rimer said the resolution pulled together many diverse items. He said the proposal was a win-win proposition for all parties.

RESOLUTION 2 WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ENDORSING THE IMPROVEMENT OF N.C. 86 BETWEEN HOMESTEAD ROAD AND INTERSTATE 40 AS A FOUR-LANE ROADWAY INCLUDING A RAISED, LANDSCAPED, 16-FOOT WIDE CENTER MEDIAN, FIVE-FOOT WIDE STRIPED BIKE LANES ON BOTH SIDES OF THE ROADWAY, AND FIVE-FOOT WIDE SIDEWALKS ALONG THE ENTIRE LENGTH OF THE PROJECT (93-4-12/R-2)

WHEREAS, representatives of the Town, the North Carolina Department of Transportation (NCDOT), and citizens have met and discussed the project needs, scope, costs, and impacts; and

WHEREAS, all input has been evaluated in conjunction with preliminary design studies in reaching a decision concerning the recommended design; and

WHEREAS, the proposed design meets the most community-wide needs with the least negative impact of the alternatives studied;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council recognizes that acceptable traffic safety and mobility standards cannot be met on NC 86 without significant improvements.

BE IT FURTHER RESOLVED that the Council wishes to do more than the minimum improvement of this important entranceway to our community and endorse the design for a four-lane roadway with a 16-foot wide raised center median.

BE IT FURTHER RESOLVED that the Council requests that final design include extra pavement width to accommodate striped and designated five-foot wide on-street bike lanes at the outer edge of both the northbound and southbound lanes.

BE IT FURTHER RESOLVED that the Council requests that final design include sidewalks along both sides of the improved roadway with transit stops as necessary to accommodate pedestrians and the Town's public transit system.

BE IT FURTHER RESOLVED that the Council requests that the NCDOT include the Town in the review process as the final plans are developed.

This the 12th day of April, 1993.

Item 7 Legislative Update

North Carolina League of Municipalities staff member Lee Mandel reviewed the status of legislative proposals. Mr. Mandel noted that Senator Howard Lee and Representative Anne Barnes had played instrumental roles in efforts to restore local growth in State-shared revenues. He said the Town's additional share of funds could be as much as $176,000 during 1993-94. Mr. Mandel also noted that although the League of Municipalities favored citizen access to public records, it was anticipated that the proposed public records law would be expensive for local governments to implement. He also noted that the public meeting law passed by both houses of the General Assembly reduced the number of open meeting exemptions from twenty to seven. Mr. Mandel said the House bill was a very good one while the Senate bill would require that hiring and firing of Managers and Police Chiefs be conducted in open sessions. He urged the Council to pay close attention to proposed legislation.

Council Member Capowski asked whether specific land parcels proposed for acquisition would need to be discussed in open session under the proposed new law. Mr. Mandel said yes. Council Member Capowski requested additional information on sessions for hiring and firing of managers. Mr. Mandel noted that most states had closed sessions for this purpose. Council Member Capowski noted that applicant pools for managers might be somewhat diminished if the new law were enacted. Mayor Broun asked whether it was correct that the Senate version did not specifically recognize the attorney-client privilege. Mr. Mandel said this was implicit in the House version of the bill. Noting that the Town would only be allowed to charge for the medium relative to the new public records law, Council Member Capowski said it would likely be an expensive law to implement. Mr. Mandel noted that some local government records such as Geographic Information Systems (GIS) contained very valuable information. Council Member Rimer inquired about the possibility of the Council writing a letter supporting the formation of a blue-ribbon committee on proposed unfunded mandates. Council Member Andresen inquired about the appropriate legislators to contact with concerns. Mr. Mandel suggested that the Council contact Senator Ray Cooper or Representative George Miller.

Item 8 Public Art Endowment Fund Status Report

Joe Rowand presented the first report of the Fund Committee, outlining recent and planned activities. Council Member Andresen said she hoped the committee would actively consider putting artwork in the main entryways to the Town Hall. Mr. Rowand said this area had been identified as a possible location for the display of artwork. Council Member Andresen said she also supported more informal ways of displaying artwork. Mr. Rowand noted that security was also a concern when art was displayed. Council Member Herzenberg suggested that the committee consider displaying the works of Orange County residents and Town residents living in Durham County.

Item 9.1 Resolution Supporting RDU Airport

Mayor Broun noted that Raleigh-Durham International airport was a majora resource for both personal and business travel.

COUNCIL MEMBER POWELL MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 3.1. THE MOTION WAS ADOPTED UNANIMOUSLY

(9-0).

A RESOLUTION SUPPORTING THE CONTINUED OPERATION AND EXPANSION OF THE RALEIGH-DURHAM INTERNATIONAL AIRPORT (93-4-12/R-3.1)

WHEREAS, the Raleigh-Durham International Airport represents the second largest airport facility in North Carolina; and

WHEREAS, presently there are 6 major carriers, 7 commuter carriers, and 5 all-cargo carriers; and

WHEREAS, 10 million passengers were served at the Raleigh-Durham International Airport during the past year; and

WHEREAS, some 4,500 employees serve the Raleigh-Durham International Airport; and

WHEREAS, the convenience of multiple flights to popular destinations enables efficient and timely travel; and

WHEREAS, the Airport's air cargo activity increased about 13% last year, is expected to continue to grow, and a new $25 million air cargo complex will open this summer; and

WHEREAS, the loss of popular and frequent destinations will have a severe economic impact on personal and business travel and disrupt the flow of air cargo; and

WHEREAS, present and future economic growth is directly related to the frequency of flights and their destinations;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council supports the continued level of operation of the Raleigh-Durham International Airport with its 285 flights per day and encourages the Airport Authority to maintain and expand its service areas for both inbound and outbound traffic.

This the 12th day of April, 1993.

Item 9.2 Resolution Supporting North Carolina Public

Transportation Coalition

Council Member Brown said she hoped the Council would adopt the proposed resolution concerning support of alternative means of transportation.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 3.2.

Council Member Andresen said $1,000 appeared to be a reasonable contribution to support the coalition's efforts. Council Member Brown noted that the City of Raleigh would be asked to fund the coalition at a rate of ten cents per citizen. Council Member Andresen inquired whether Council Member Brown would make regular reports on the coalition's activities. Council Member Brown said yes. Council Member Werner said the contribution appeared to be a small investment with the potential for big payoffs. He inquired about the possibility of participation of other cities around the state. Council Member Brown said that the cities of Charlotte, Greensboro and Asheville could participate in future coalition activities.

RESOLUTION 3.2 WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION AUTHORIZING A CONTRIBUTION TO SUPPORT THE WORK OF THE NORTH CAROLINA PUBLIC TRANSPORTATION COALITION (93-4-12/R-3.2)

WHEREAS, there is a need for local governments in North Carolina to work together to seek State funding and legislation to support public transportation in our State; and

WHEREAS, the Town's policy is to support alternatives to single-occupant vehicles and especially to support public transportation; and

WHEREAS, the North Carolina Public Transportation Coalition is requesting that local governments help support development of the Coalition into an effective lobbying organization with appropriate staffing as described in materials from the Coalition;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to make a payment of $1,000 (calculated at 10 cents per capita, rounded, and pro-rated for the fourth quarter of the current budget year) to the North Carolina Public Transportation Coalition.

This the 12th day of April, 1993.

Item 10 Water and Sewer Service Area Boundaries

Mayor Broun said the proposed resolution would develop a process for defining long-term water and sewer service area boundaries. Noting that it would take some time to set service boundaries, Council Member Brown said she had a series of questions related to service concerns. She also emphasized the need for additional information and public input. Mayor Broun said he thought the process could help to answer many of these questions and concerns. Noting that the process had a political orientation, Council Member Andresen said she thought it was a good idea for local managers to meet jointly in order to put proposals on the table.

Council Member Werner said the question was not so much a matter of establishing service areas as it was the provision of water and sewer service in the county. Council Member Brown reiterated the importance of public input in the service area process. Council Member Capowski said Council Member Brown had raised a number of excellent questions which needed to be answered in addition to the development of a base of factual information. Mayor Broun noted that the inclusion of a public process was inherent in the proposed resolution. Council Member Andresen noted that the Council ultimately had to make decisions on behalf of the electorate. Noting that there would be no shortage of opportunities for public comment, Council Member Herzenberg said the proposed process would not happen quickly. Council Member Brown emphasized the need for additional information prior to establishing long-term area service boundaries.

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

A RESOLUTION REGARDING A PROCESS FOR CONSIDERATION OF DEVELOPING A LONG-TERM WATER AND SEWER SERVICE AREA BOUNDARY AGREEMENT FOR ORANGE COUNTY (93-4-12/R-4)

WHEREAS, Orange County initiated discussion with other jurisdictions in 1989 to define long-term water-sewer service areas; and

WHEREAS, those discussions were deferred due to other issues; and

WHEREAS, the present agreements regarding Joint Planning for Chapel Hill, Carrboro and Orange County; the Cooperative Planning Agreement between Orange County and Hillsborough; the Durham-Hillsborough pipeline agreement; the Chapel Hill-Durham annexation area agreement and the OWASA-Durham service area agreement have already established a foundation for seeking a more comprehensive County-wide agreement;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council desires to participate in the following process with the objective of reaching agreement among the local governments and other water and sewer providers on long-term, County-wide utility service area boundaries.

First, Orange County, Hillsborough, Carrboro, Chapel Hill and OWASA would seek to reach consensus on defining long-term service area boundaries. To begin this phase, the managers of the local governments and OWASA would jointly develop a proposal for submittal to each of the boards. In this phase and succeeding stages, there would be an emphasis on sharing each party's interests and objectives, developing a base of factual information and other principles for achieving agreement.

Second, the City of Durham, Town of Mebane and the non-profit Orange-Alamance Water System would be invited to join in discussion to seek a County-wide agreement in principle.

Third, if the first two phases are successful, a formal agreement would be drafted for discussion by each entity, consideration of any revisions proposed by the parties, and final action.

This the 12th day of April, 1993.

Item 11 Consent Agenda

Council Member Rimer requested removal of item i for separate consideration. Council Member Brown requested removal of item f and Council Member Andresen requested removal of item g for separate consideration.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER CHILTON TO ADOPT THE CONSENT AGENDA, EXCEPTING ITEMS F, G AND I. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND AN ORDINANCE

(93-4-12/R-5)

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. Minutes of March 15, 16, and 22, 1993.

b. Calling public hearing on changing downtown service district boundaries (R-6).

c. Calling public hearing on proposed Gimghoul historic district (R-7).

d. World Trade Center funding request (R-8).

e. Telephone area code for City of Mebane (R-9).

f. Testing for landfill sites (R-10).

g. Ratification of lease agreement for parking lot #5

(R-11).

h. Renewal of Teen Center lease agreement (R-12).

i. Noise ordinance amendment for Hip-Hop for Humanity event (O-1).

This the 12th day of April, 1993.

A RESOLUTION SCHEDULING A PUBLIC HEARING ON POSSIBLE CHANGES IN THE BOUNDARY OF THE DOWNTOWN SERVICE DISTRICT (93-4-12/R-6)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby schedules a public hearing for 7:30 p.m. on June 21, 1993 in the Council Chamber at Town Hall, 306 North Columbia Street, to receive comments on possible changes in the boundary of the downtown service district established by the Council effective July 1, 1989 in accord with procedures in Article 23 of Chapter 160A of the North Carolina General Statutes.

BE IT FURTHER RESOLVED that the Manager is authorized to advertise the public hearing and to mail notices to property owners with information identifying properties which may be added to the service district due to change from residential to non-residential use, or removed from the district due to change from non-residential to exclusively residential use.

This the 12th day of April, 1993.

A RESOLUTION CALLING A PUBLIC HEARING FOR CONSIDERATION OF A ZONING ATLAS AMENDMENT TO CREATE A LOCAL HISTORIC DISTRICT IN THE GIMGHOUL NEIGHBORHOOD (93-4-12/R-7)

WHEREAS, the Gimghoul Homeowners' Association has petitioned the Town Council to create a local historic district in the Gimghoul neighborhood, and

WHEREAS, creating a local historic district is accomplished through a Zoning Atlas amendment, which requires a public hearing,

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council calls a public hearing for November 15, 1993 to receive comments on amending the Chapel Hill Zoning Atlas to create a local historic district in the Gimghoul neighborhood, as identified on the attached map; and further be it resolved that the Council refers the historic significance report to the Town Manager, the State Historic Preservation Office, the Planning Board and the Historic District Commission for recommendations.

This the 12th day of April, 1993.

A RESOLUTION DEFERRING MEMBERSHIP IN THE WORLD TRADE CENTER

(93-4-12/R-8a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby defers the opportunity to be a member of the World Trade Center.

This the 12th day of April, 1993.

A RESOLUTION SUPPORTING THE CITY COUNCIL OF MEBANE'S REQUEST TO RETAIN THE "919" AREA CODE FOR MEBANE (93-4-12/R-9)

WHEREAS, the City Council of Mebane desires that Mebane continue to have the 919 Area Code for the convenience of residents and businesses; and

WHEREAS, a proposal for a 910 Area Code would not affect any other areas of Orange County;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council supports the City Council of Mebane's request to the North Carolina Utilities Commission that the City continue to have the 919 Area Code for the reasons cited in the City Council's resolution adopted on March 22, 1993.

This the 12th day of April, 1993.

A RESOLUTION RENEWING A LEASE FOR A PORTION OF THE POST

OFFICE/COURT BUILDING FOR USE AS A TEEN CENTER (92-4-13/R-12)

WHEREAS, the Council of the Town of Chapel Hill, on April 12, 1993, pursuant to G.S. 160A-272, authorized the Manager to enter into a lease for a portion of the Post Office/Court Building for a Teen Center; and

WHEREAS, the term of said lease was for one year, beginning on April 16, 1993, and ending on April 16, 1994; and

WHEREAS, Franklin Street Teen Center, Inc. entered into a lease with the Town for approximately 2,400 square feet of space in the basement of the Post Office/Court Building on April 16, 1992, and has requested that the lease be renewed;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves of, and authorizes the Town Manager to enter into on behalf of the Town, a renewal agreement for the lease to the Franklin Street Teen Center, Inc. of approximately 2,400 square feet in the basement of the Post Office/Court Building, at 179 East Franklin Street, for the operation of a Teen Center, for a term of one year commencing on April 16, 1993, said agreement to contain language substantially the same as contained in the attached lease agreement.

This the 12th day of April, 1993

Council Member Brown said the sizes of the proposed landfill sites were outrageously large. She said the site search should only be sufficient for the next twenty years. Council Member Brown also said she had some concerns about adopting the proposed resolution. Noting that the landfill selection process had been somewhat bogged down, Council Member Andresen said she was pleased to move forward on the matter.

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO ADOPT RESOLUTION 10. THE MOTION WAS ADOPTED BY A VOTE OF 8-1, WITH COUNCIL MEMBER BROWN VOTING NO.

A RESOLUTION AUTHORIZING THE EXERCISE OF THE TOWN OF CHAPEL HILL'S AUTHORITY TO ENTER UPON PRIVATE LANDS FOR THE PURPOSE OF CONDUCTING SURVEYS, BORINGS, EXAMINATIONS AND APPRAISALS TO ASSIST IN THE SELECTION OF A SITE FOR A NEW LANDFILL TO SERVE THE TOWN OF CHAPEL HILL AND APPROVING AN INTERLOCAL AGREEMENT FOR THE EXERCISE OF THAT AUTHORITY (93-4-12/R-10)

WHEREAS, the Town of Chapel Hill is a member of the Landfill Owners' Group and is a part owner of the present Orange County Landfill; and

WHEREAS, the Town of Chapel Hill and the two other owners of the present landfill, the Town of Carrboro and Orange County have appointed a citizens' Landfill Site Search Committee to consider sites for a new landfill for Orange County and the Towns of Carrboro and Chapel Hill; and

WHEREAS, the Towns of Carrboro and Chapel Hill and Orange County have appointed representatives to the Landfill Owners' Group which is considering issues related to the operation of the present landfill and possible location of a site for a future landfill; and

WHEREAS, as part of the process of evaluating potential sites for a future landfill for Orange County and the Towns of Carrboro and Chapel Hill it is necessary to enter upon properties which have been identified as possible sites for a future landfill; and

WHEREAS, under North Carolina law (N.C.G.S. 40A-11), the Town of Chapel Hill as an agency with the authority to exercise the power of eminent domain, may enter upon lands for the purpose of making surveys, borings, examinations and appraisals as may be necessary or expedient in carrying out and performing its powers of eminent domain, specifically in this case to select a site for a sanitary landfill to serve the Town of Chapel Hill;

NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Chapel Hill, that the Council hereby approves the exercise of the Town's authority under G.S. 40A-11, to enter upon the lands described in Exhibit A attached hereto and incorporated herein, for the purpose of making surveys, borings, examinations and appraisals as may be necessary or expedient in selecting a site for a future landfill to serve the Town of Chapel Hill;

BE IT FURTHER RESOLVED by the Town Council, that the Council hereby authorizes the Town Manager to execute the attached interlocal agreement on behalf of the Town of Chapel Hill with the Town of Carrboro and Orange County, whereby the Town of Chapel Hill is designated to exercise said authority on behalf of the Towns of Chapel Hill and Carrboro and Orange County, and ratifies said agreement.

This the 12th day of April, 1993.

Council Member Andresen noted that she had recently spoken to a citizen who had been unable to get a space in parking lot number five during the middle of the week. She said that the proposed lease agreement would help FGI, but hopefully not at the expense of citizens in general. Mr. Horton said the opening of the Town's parking deck with over three hundred spaces should address most concerns about adequate parking. Council Member Brown said she thought the lease agreement would contain a clause to make it possible for either party to end the agreement at any time. Mr. Horton said mutual agreement would be needed to sever the agreement.

Council Member Andresen said the Town's was giving preferential treatment to an employer who was not providing their own parking. Mr. Horton said he viewed the lease agreement as an opportunity to help pay debt service on the Town's parking facilities. Council Member Capowski inquired whether the Town had other lease agreements of this size and nature. Mr. Horton said no. Council Member Capowski said he understood that the Town did not want vacant parking spaces. Council Member Werner inquired about parking requirements in the downtown area. Mr. Horton said the three options were the provision of spaces per square feet, payment-in-lieu or provision of a transportation management plan. Council Member Werner inquired about the scope of private parking agreements in the downtown area. Transportation Director Bob Godding said parking was traditionally leased in the downtown area at the rate of $50 to $60 per month per space.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT RESOLUTION 11.

A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR UP TO 100 PARKING SPACES WITH FGI (93‑4‑12/R‑11)

WHEREAS, the Town owns and operates Parking Lot #5 on Church Street which has both hourly and monthly rental spaces available; and

WHEREAS, FGI is leasing property near this lot and has requested that the Town enter into a long term lease of these spaces for the use of employees of FGI;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to execute an agreement on behalf of the Town with FGI for the lease of up to 100 parking spaces at Town Lot #5, subject to the following terms and conditions;

‑‑ The term of the lease agreement will be for three and one half years and will begin on January 1, 1994.

‑‑ The annual payment per space for FGI, is $535.50. This is a 15% discount from the adopted Town rate of $630 per space.

‑‑ The total number of spaces leased will be 100 spaces, except that after July 1, 1996 the Town may reduce the total number of spaces to a maximum of 75, and it may reassign as many as 25 of the total spaces leased to other Town lots located on West Rosemary or West Franklin Streets.

‑‑ The Town will modify the configuration of parking spaces in Lot #5 to restrict access to the spaces leased to FGI. The Town will issue up to 250 magnetic parking control cards to FGI for access to these spaces.

‑‑ Payments will be made by FGI on a monthly basis by the 1st of each month for which the payment is due. These payments will be for all spaces leased at 1/12th of the annual rate per space, ($44.63 per month per space at $535.50 annually per space).

‑‑ FGI will reimburse the Town, with its first monthly lease payment, for the cost of purchase and installation of parking control equipment to control access to the spaces leased to FGI. The estimated cost of this equipment and related improvements is $4,500.

‑‑ FGI may not sublet these spaces and they may not issue magnetic access cards to anyone not an employee of FGI.

‑‑ This agreement may be modified or terminated at any time by written agreement of both parties.

This the 12th day of April, 1993.

Council Member Andresen said she would against the agreement since she felt it did not contain sufficient flexibility.

THE MOTION WAS ADOPTED BY A VOTE OF 8-1, WITH COUNCIL MEMBER ANDRESEN VOTING NO.

Council Member Capowski inquired how tickets sales and crowd control would be handled. Mr. Horton said he was certain that the Police Department could adequately handle crowd-related matters.

Mayor Broun noted that the fundraising event for Habitat for Humanity would be alcohol-free. Mr. Horton noted that the Council opposed alcohol-related parties. He added that the fraternity council was very serious about its fundraising efforts for the event. Council Member Herzenberg said it might be a good idea for Council Members to attend the event. Council Member Brown said she would do so. Council Member Andresen noted that the Council had received a letter from a citizen concerned about the decibel level at the event. Council Member Capowski said the Council could request that the event end at 10 p.m. instead of 11 p.m. Council Member Rimer noted that there were not many residents in the immediate vicinity of the event. Mayor Broun noted that the event was for a good cause and would be alcohol-free.

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

AN ORDINANCE AMENDING CHAPTER 11 OF THE TOWN CODE OF ORDINANCES REGARDING NOISE CONTROL FOR AN EVENT TO BE HELD ON WEDNESDAY, APRIL 28, 1993 BETWEEN 5:00 AND 11:00 P.M. (93-4-12/0-1)

WHEREAS, the sponsor of the event, Hip Hop for Humanity, is proposing to hold an event at Fraternity Court on Wednesday, April 28, 1993 to raise money for Habitat for Humanity; and

WHEREAS, a change in Chapter 11 of the Town Code of Ordinances regarding the day and time during which a permit to use sound amplifying equipment outdoors and to exceed the normal sound levels would be required to approve this request; and

WHEREAS, the sponsors have agreed to conduct the event at a time and in a manner that will minimize the impact on the surrounding neighborhoods; and

WHEREAS, the sponsors have agreed to prohibit the use and presence of alcoholic beverages at the event; and

WHEREAS, the sponsors have agreed to provide private and public security measures to insure the integrity of the event;

NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill that Chapter 11 of the Town Code of Ordinances is hereby

amended as follows:

SECTION I

AMEND Section 11-39 (d) (3) as follows:

(3) Daytime/evening sound levels in excess of sixty(60) Db(A) will be permitted upon the issuance of a permit and allow sound levels exceeding those set forth above as follows:

Wednesday 70 dB(A) (5:00 p.m. - 11:00 p.m.)

SECTION II

Section I of this Ordinance shall be effective only on Wednesday, April 28, 1993 between 5:00 p.m. and 11:00 p.m., after which, times in the previously adopted Ordinance shall again be effective.

This the 12th day of April, 1993.

There was no need for an Executive Session. The meeting concluded at 10:43 p.m.