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

OF CHAPEL HILL, MONDAY, APRIL 26, 1993 AT 7:30 P.M.

Mayor Broun called the meeting to order. Council Members in attendance were Julie Andresen, Joyce Brown (arrived at 8:30 p.m.), Joe Capowski, Mark Chilton, Joe Herzenberg, Barbara Powell, Alan Rimer (arrived at 8:28 p.m.) and Arthur Werner.

Mayor Broun requested that one of the Town's Orange Water and Sewer Authority (OWASA) Board Members, David Moreau, come forward in recognition of National Safe Drinking Water Week. Mayor Broun noted the critical importance of an abundant supply of safe water. He added that the week of May 3rd through 9th was National Safe Drinking Water Week. Mr. Moreau stated that a number of special events were planned for the week including the opening of Cane Creek Reservoir recreational facilities on May 9th. He noted that the recent events in Milwaukee had emphasized the precarious nature of safe local drinking water supplies.

Item 3 Petitions

Joe Hakan expressed his interest in developing affordable housing programs. He stated that waiving of water and sewer hook-up and availability fees would be needed to make affordable housing programs viable. Mr. Hakan expressed hope that the Council would investigate this possibility.

Noting that the Council had expressed strongest interest for supporting homeownership opportunities for persons and families making forty to sixty percent of the median income, Mayor Broun noted that the Council was receptive to proposals pertaining to OWASA fee waivers. Expressing appreciation to Mr. Hakan for his concern and work, Council Member Capowski noted that several existing Town neighborhoods had recently contacted the Council requesting assistance with construction of sewer systems to replace failing septic systems. Mr. Hakan noted that if individual homes in the proposed Columbia Place development did not sell for under $94,000, liens could be placed on homes by the Town to recover water and sewer hook-up and availability fees. Council Member Andresen said it was not possible for the Council to unilaterally direct that OWASA reduce its fees. Council Member Andresen also said she did not know whether the Town should subsidize homes costing approximately $95,000. Mr. Hakan noted that it might not be possible to construct homes costing $94,000 or less in the Town. Council Member Herzenberg said he thought the Council ought to discuss water and sewer utility fees relative to affordable housing in the future.

Council Member Capowski suggested that fee waivers and other Council water and sewer concerns could possibly be discussed at a joint Council/OWASA meeting in the future. Council Member Andresen said one possibility was a change in OWASA's charter. Council Member Werner inquired about Mr. Hakan's timeframe for an answer to his questions. Mr. Hakan said although he had a chance to sell the property, the Council needed to proceed on the matter on its own timeframe.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO RECEIVE MR. HAKAN'S PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

Mayor Broun suggested that a petition from Wallace Kuralt concerning downtown infrastructure improvements, be received and referred.

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

Council Member Capowski suggested that the Town take the opportunity to market coffee mugs, t-shirts and other items with the Town's logos.

THE MOTION TO RECEIVE AND REFER WAS ADOPTED UNANIMOUSLY (7-0).

Mr. Horton noted that although the President's proposed economic stimulus bill might never be ratified, the State Department of Transportation had requested that the Town pass a resolution of support for transportation projects.

Transportation Board Chairperson Rachel Willis expressed thanks to the Council for delaying consideration of the proposed Eastowne hotel and office project. She also urged the Council support a more flexible federal funding program for bus replacement. Ms. Willis also requested that the Council provide $100,000 for bicycle and pedestrian improvements in the proposed 1993-94 budget.

Judy Bergman, a resident of the Mount Bolus neighborhood, requested that the Town, Orange County and the Orange Water and Sewer Authority provide emergency assistance to local neighborhoods experiencing acute sewer problems. She also requested that homeowners receive financial relief, including caps for homeowner costs, for sewer improvements. Ms. Bergman requested that the Mount Bolus project be included in OWASA's 1994 sewer CIP. She stated that if OWASA did not cooperate, it's charter should be amended.

Elaine Marcus expressed her concurrence with Ms. Bergman's remarks. Ms. Marcus noted that the OWASA Board had received legal guidance concerning OWASA's responsibility for provision of emergency sewer service.

Council Member Andresen suggested that the matter of sewer improvement projects be discussed at a joint meeting between the Council and the OWASA Board.

Council Member Werner said it would be useful for staff to provide information on availability and hook-up fees in other communities. He also requested information on recent costs per lot for conversion from septic to OWASA sewer service. Council Member Werner requested follow-up information outlining a general overview of flexibility in OWASA's charter.

Council Member Herzenberg inquired about the nature of OWASA's action at its April 22nd meeting. Council Member Andresen said the Board had authorized design work for the project and establishment of an interest rate not to exceed six percent. She also noted that OWASA's Board attorney had noted that OWASA's charter prohibited subsidies for individual sewer projects.

Council Member Capowski requested information on OWASA's structure. Mayor Broun suggested that the Council attempt to meet with the OWASA Board during the next four to six weeks. Council Member Capowski inquired whether it would be possible to meet at an earlier date. Mayor Broun said yes, adding that the Council's May meeting schedule was already quite heavy. Council Member Powell inquired whether the whole OWASA Board would need to meet with the Council. Mayor Broun said not necessarily, although this would be advisable. Council Member Andresen noted that once the design study was completed, area residents could indicate whether they wished to receive OWASA services. Council Member Werner said the Council could make better decisions with more information. He expressed concurrence that the process needed to be started as soon as possible. Council Member Herzenberg said the Town needed to do a better job of explaining its position on water and sewer sales taxes. Mayor Broun said the proposed joint meeting would be timely in the sense that it would occur prior to completion of the design study. Council Member Andresen said it would be useful to know the amount of County funds spent on providing sewer services to areas where septic systems had failed.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO RECEIVE AND REFER MS. BERGMAN'S PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

Steve Wallace expressed concern that a recent nationwide study had found increased drug use following DARE program involvement by young people. He requested that the Council reaffirm its position to prevent substance abuse by children.

Council Member Andresen said a member of the Law Enforcement Committee of the Violent Crime and Drug Abuse Program had indicated that the DARE program was working well. Mr. Wallace said the State Department of Public Instruction had a substance abuse program which was more effective than the DARE program. Council Member Herzenberg said he was reluctant for the Council to get into matters concerning the school system's curriculum. He inquired whether the school system had requested the DARE program. Mr. Horton said yes. Council Member Herzenberg said he thought Mr. Wallace should address his concerns to the school board. Mr. Wallace said the Town was spending tax dollars to support the DARE program. Mayor Broun noted that Chapel Hill-Carrboro School Superintendent Neil Pedersen served on the Leadership Committee of the Task Force on Violence and Drug Abuse.

Council Member Werner requested that staff present options to the Council on pedestrian access to Cedar Falls Park. He also requested that the staff report back on options relative to parking at Cedar Falls Park during reconstruction of the parking lot.

Council Member Chilton noted that Council Member Brown was representing the Council at a meeting in Raleigh this evening. Council Member Chilton said Council Member Brown had requested that he present a petition concerning reconsideration of a recently adopted resolution concerning long-term water and sewer service boundaries. Council Member Werner said all Council Members had agreed about the importance of obtaining information first. Council Member Powell suggested that the Council wait until Council Member Brown arrived to discuss the matter further. Mayor Broun concurred, suggesting that the Council take up the matter immediately prior to consideration of the consent agenda. Town Attorney Ralph Karpinos noted that petitions could not be acted upon at the time of presentation. He added that the item could be placed on a future agenda for action.

Council Member Chilton noted that the new University of North Carolina Student Body President Jim Copland had recently appointed Diana Klontz to serve as the student liaison to the Council. He introduced Ms. Klontz.

Item 4 Board and Commission Nominations

Council Member Andresen noted that the Council Committee on OWASA matters would interview OWASA applicants this week.

COUNCIL MEMBER POWELL MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO NOMINATE ALL TWELVE APPLICANTS. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO NOMINATE ALL TWELVE APPLICANTS. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

COUNCIL MEMBER POWELL MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO NOMINATE ALL EIGHT APPLICANTS. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

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

Item 5 Presentation of Manager's Recommended Budget and CIP

Mr. Horton noted that the Council would hold a work session on the Manager's recommended budget on May 3rd. He briefly reviewed the proposed property tax rate, noting that continuation of most services was recommended. Mr. Horton said operation of the new library would involve an estimated thirty percent increase in patronage during the next fiscal year. He also noted that another key issue was the compensation of Town employees. Mr. Horton said a sliding compensation market and merit scale from a maximum of 4.75% for lowest-paid employees to 3% for highest pay ranges was proposed. He reviewed anticipated major expenditures including $50,000 for computers in the Police Department, $50,000 for capital maintenance items and $62,000 for increased health-maintenance organization premiums. Mr. Horton also reviewed the parking and landfill funds, noting that some recycling service improvements were proposed including expanded collection of tin, cardboard and food wastes.

Mr. Horton said a total of $698,000 in capital improvements to maintain or construct facilities was proposed, $504,000 of which was in reappropriations from prior years. He also noted that federal subsidies for transportation operations would likely continue to decline. Mr. Horton said that budget work sessions were scheduled for May 3 and 25.

Noting that the recommended budget would require a substantial tax increase, Council Member Andresen inquired what types of cuts would be needed to maintain the current tax burden. Mr. Horton said he could provide this information.

Council Member Chilton inquired whether there would possibly be some additional State capital operating funds for the bus system in the current year. Mr. Horton said this was correct. Council Member Chilton inquired about state-shared revenues. Mr. Horton said a bill before the General Assembly would restore growth to local governments, possibly as much as $125,000 to the Town. Council Member Capowski thanked Mr. Horton for placing an emphasis on pay increases for lower-paid employees. He inquired what percentage of employees would receive merit increases. Mr. Horton said this information could be provided. Council Member Capowski inquired about long-term ramifications of using funds from the Landfill Fund balance. Mr. Horton said the primary long-term implication was that tipping fees might need to be increased. Council Member Capowski said written minutes were preferable to "action-only" minutes. Council Member Capowski also said he favored backyard refuse collection. He inquired what percentage of roll carts were typically left at the curb side in Carrboro. Mr. Horton said staff could provide additional information.

Council Member Capowski said he was delighted with the proposed 363 day operation of the library. He also requested a brief memorandum on taxes and services provided to the downtown area. Mr. Horton said additional information could be provided. Council Member Capowski inquired how bus passes were priced. Mr. Horton said bus passes were basically discounted from regular fares. Council Member Capowski asked whether bus pass prices would be raised if bus fares increased. Mr. Horton said this would be his recommendation. Council Member Capowski suggested the possibility of Town bus service to Chapel Hill High School. Council Member Andresen noted that this had been found to be infeasible when previously evaluated.

Council Member Herzenberg noted that both Carrboro and Hillsborough used roll-out refuse carts. Council Member Brown noted that a comparison of the three systems had been provided to the Landfill Owners' Group. She inquired when budget work sessions would be held. Mr. Horton said work sessions were scheduled for May 3rd and 25th beginning at 5:45 p.m. in the Council Chamber. Council Member Werner requested that staff provide information on dollar per ton costs for recycling services. Mr. Horton said staff would do so.

Item 6 Knolls Neighborhood

Planning Director Roger Waldon reviewed the request for an additional $70,000 seed money for a home rehabilitation program in the Knolls neighborhood. Mr. Waldon said staff recommended adoption of Resolutions 2a and 2b.

Ted Parrish thanked the Council for its speed in acting on the Knolls community's earlier request. Mr. Parrish distributed a budget for the proposed program. He noted that several council members had recently visited the site.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 2A.

Noting that he had visited the site yesterday, Council Member Capowski congratulated Knolls community residents for their proposal. He inquired which projects might otherwise be funded with the $70,000 being requested. Mr. Horton said none since Housing Loan Trust Funds were being used and no other formal proposals had been received. Council Member Brown inquired whether a loan was essentially being requested. Mr. Horton said funds would be used to help establish a revolving loan fund for rehabilitation of homes. Council Member Andresen inquired about mechanisms to monitor the program's progress. Mr. Horton said the Town would enter into a performance agreement for the Knolls program.

Council Member Andresen expressed appreciation to Knolls residents and Town staff for their work on developing the proposal. She encouraged interested persons to visit the Knolls community to see the home sites. Council Member Rimer asked whether new agreements would be needed for each two homes being rehabilitated. Mr. Horton said a master agreement for at least twenty homes would be set up. Council Member Herzenberg inquired about the estimated timeframe for completion of the twenty homes. Mr. Parrish said under ideal conditions the homes could be completed in eighteen months. Mayor Broun said he thought the concept was wonderful and the program was very worthwhile.

RESOLUTION 2A WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION AUTHORIZING A $70,000 LOAN TO THE KNOLLS COMMUNITY DEVELOPMENT ASSOCIATION (93-4-26/R-2a)

WHEREAS, the Knolls Neighborhood Development Association has proposed development of 20 low-income homeownership opportunities in the Knolls community of Chapel Hill; and

WHEREAS, the Association has requested a $70,000 loan from the Town, to be used for the purpose of acquiring a lot and rehabilitating two dwelling units as a duplex, to be then sold to low-income homebuyers; and

WHEREAS, the Council has an ongoing interest in the development of low-income housing opportunities in 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 documents to loan $70,000 to the Knolls Community Development Association, for the purpose of acquiring a lot and rehabilitating two dwelling units.

BE IT FURTHER RESOLVED that the source of funds for this loan shall be the Town's annual low-income housing allocation.

BE IT FURTHER RESOLVED that the following provisions be included as conditions of the loan agreements:

- The loan would be repaid to the Town upon sale of the units to individual homebuyers, with provision that instead of repayment to the Town the funds may be used again by the Knolls Association for similar purpose.

- Conditions of the loan would include stipulations that security be provided for the loan.

- Buyers of the dwellings shall have annual income less than 60% of the area's median income.

- The loan shall be made without interest.

This the 26th day of April, 1993.

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

Council Member Capowski inquired about the number of vacant lots in the area. Mr. Parrish said there were at least ten different lots at various locations in the area.

RESOLUTION 2B WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION DIRECTING THE TOWN MANAGER TO CONTINUE DISCUSSIONS WITH THE KNOLLS NEIGHBORHOOD DEVELOPMENT ASSOCIATION (93-4-26/R-2b)

WHEREAS, the Knolls Neighborhood Development Association has proposed development of 20 low-income homeownership opportunities in the Knolls community of Chapel Hill; and

WHEREAS, the Council has an ongoing interest in the development of low-income housing opportunities in Chapel Hill;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council directs the Town Manager to continue discussions with the Knolls Neighborhood Development Association about a multi-faceted approach to development of 20 homeownership opportunities. Specifics of the full 20-unit program that will need to be established include:

- Buyer Selection Process

- Matching of Sources/Uses of Public Funds

- Sources for Permanent Financing

- Homeownership Counselling

- Rehabilitation Standards

- Security for Subsequent Loans

- Process for Managing Volunteer Labor.

This the 26th day of April, 1993.

Item 7 Prepared Meals and Beverage Tax

Mr. Horton said staff recommended that the Council appoint a committee to work to establish a process for possibly allocating funds from the prepared meals tax.

Council Member Andresen said there were a number of pros and cons on the proposal. She requested that staff provide a presentation on streetscape in the near future. Council Member Brown said she thought a public process on the proposal was a good idea. She added that Orange County's prepared meals tax bill might be introduced later in the week. Noting that a principal emphasis had been placed on the downtown improvements, Council Member Capowski noted that the Council had not heard much from restaurant owners outside the downtown area. Mayor Broun said he agreed that other areas of the Town could not be neglected. Council Member Herzenberg noted that the Orange County Visitor's Bureau received a monthly analysis of funds origins. Mr. Horton said it would be possible to use business license information to retrieve the information requested by Council Member Capowski.

Mayor Broun noted that Council Members Andresen, Brown, Capowski and Chilton were interested in serving on the committee.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT RESOLUTION 3, APPOINTING COUNCIL MEMBERS ANDRESEN, BROWN, CAPOWSKI AND CHILTON TO SERVE ON THE COMMITTEE. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ESTABLISHING A COMMITTEE OF THE TOWN COUNCIL TO DEVELOP A PROPOSED PROCESS FOR PARTICIPATION BY BUSINESSES IN DECISIONS ON THE USE OF A 1% TAX ON PREPARED MEALS AND BEVERAGES IF SAID TAX IS AUTHORIZED BY THE GENERAL ASSEMBLY AS REQUESTED BY THE TOWN COUNCIL (93-4-26/R-3)

BE IT RESOLVED by the Town Council of Chapel Hill that the Council establishes a Committee of the Council to develop recommendations to the Council on a process for participation by business people in deciding on the use of revenues from a proposed 1% tax on prepared meals and beverages if said tax is authorized by the General Assembly. The Committee shall make recommendations to the full Council by May 24th.

BE IT FURTHER RESOLVED that the Council hereby appoints

Julie Andresen,

Joyce Brown,

Joseph Capowski, and

Mark Chilton

to serve on the Committee.

This the 26th day of April, 1993.

Council Member Andresen said a public forum on the prepared meals tax would be held on Friday, April 30th at 3:00 p.m. Mayor Broun suggested that notices for the meeting be as broad as possible. Council Member Herzenberg emphasized the importance of getting potentially aggrieved parties to attend the forum. Council Member Andresen said she had already contacted several local restaurant owners about the proposal. Council Member Powell inquired whether staff had responded to a recent letter from a restaurant owner concerning the meals tax proposal. Mayor Broun said he had written a letter to Johnny Mariakakis in response to his concerns.

Item 8 Orange County Human Relations Commission Status Report

Town Commission representative Susan Furtney provided an overview and update of the commission's current and planned activities. Council Member Andresen inquired about the status of the proposed Orange County human relations ordinance. Ms. Furtney said a joint hearing on the proposal would be held in the fall. Council Member Herzenberg noted that he had read the draft ordinance several months ago, He said the proposed ordinance would give local governments additional authority in matters such as the provision of fair housing standards. Mayor Broun inquired whether the Council would have an opportunity to review the proposed ordinance. Ms. Furtney said this was correct. Mr. Karpinos said County ordinances of this type could become effective once resolutions were adopted by individual towns within the county.

Item 9 Town Entranceway Markers

Town Bicentennial Committee Co-Chairperson Nancy Preston noted that the proposed entranceway marker design had been reviewed by a number of community organizations and advisory boards. She expressed hope that the proposal would receive the Council's enthusiastic support. Ms. Preston said markers would be placed at five entryways to the Town. She stated that a marker conceptual plan was being presented this evening. Ms. Preston briefly reviewed the marker's proposed design.

Noting that the proposed markers were attractive, Council Member Andresen congratulated Ms. Preston for building community consensus on the proposal. Council Member Rimer asked whether the markers would be illuminated for night viewing. Ms. Preston said Duke Power would assist in this regard. Council Member Werner inquired about the proposed location of markers in the public right-of-way. Ms. Preston said staff had worked with Department of Transportation staff on this matter. Council Member Werner inquired how far the markers would be located off roadways. Ms. Preston said markers would be located in safe and visible places, twenty-five feet off the roadway in the case of NC 86. Council Member Chilton said he appreciated the opportunity for public comment on the proposals.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT RESOLUTION 4.

Council Member Herzenberg inquired about strategies for dealing with possible vandalism. Council Member Preston said a protective coating would be put on the marker to prevent paint permeation. Council Member Rimer said a spray-on application for rock was also available. Council Member Capowski said it might be worth contacting metro systems to explore their graffiti minimization programs. Council Member Herzenberg noted that the University had been chartered in 1789, with the first residents of the Town arriving in 1795, the date noted on the Town seal. Ms. Preston petitioned the Council to change the Town seal date from 1795 to 1793.

RESOLUTION 4 WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION APPROVING THE TOWN OF CHAPEL HILL ENTRANCEWAY MARKER DESIGN AND AUTHORIZING THE INSTALLATION OF THE ENTRANCEWAY MARKERS (93-4-26/R-4)

WHEREAS, the Chapel Hill community will celebrate its 200th anniversary during 1993 and 1994; and

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

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

WHEREAS, the attached entranceway marker design is recommended by the Bicentennial Committee; and

WHEREAS, the entranceway markers would be installed at the following locations:

N. C. 86 (Airport Road)/Interstate 40 at the east exit ramp;

U. S. 15-501 (Durham-Chapel Hill Blvd.)/Interstate 40 west of Eastowne Drive;

N. C. 54/at the Town's eastern most boundary;

U. S. 15-501 By-Pass Interchange/South Columbia Street adjacent to the Duke Power property; and

West Franklin Street/Merritt Mill Road.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves the entranceway marker design and authorizes the installation of the entranceway markers at the above listed sites.

This the 26th day of April, 1993.

Mayor Broun thanked the Bicentennial Committee for its excellent work on the entranceway marker project.

Item 10 was deleted.

Item 11 University of North Carolina Basketball Victory Celebration

Mr. Horton expressed the Town's appreciation to all agencies who had assisted with coordination of crowd control and clean-up for the UNC victory celebration. Mr. Horton requested that the Council authorize him to explore the possibility of cost reimbursement by the University for tree replacement and other direct expenses.

Appearance Commission Chairperson Nancy Gabriel said the Commission had taken up a collection to assist with the replacement of trees damaged during the UNC celebration activities. She presented a $100 check to Mayor Broun to help replace trees. Mayor Broun expressed the Town's grateful appreciation for the Commission's generous gift.

Council Member Herzenberg inquired whether the Town requested help through mutual aid agreements more often than it provided assistance to other communities. Mr. Horton said the Town had a record of requesting more assistance than it provided. He stated that additional funds for public safety and public works personnel overtime could possibly be included in the proposed budget.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 6.1. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION OF APPRECIATION TO AGENCIES AND JURISDICTIONS WHICH ASSISTED THE TOWN OF CHAPEL HILL DURING THE CELEBRATION OF THE UNIVERSITY OF NORTH CAROLINA TAR HEELS' VICTORY IN THE NATIONAL COLLEGIATE ATHLETIC ASSOCIATION'S MEN'S BASKETBALL TOURNAMENT

(93-4-26/R-6.1)

WHEREAS, the Council of Chapel Hill is most appreciative of the large amount of timely and much needed assistance which numerous agencies provided to the Town in preparation for, during and after the celebration of the Tar Heels' national championship in the NCAA men's basketball tournament;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby expresses its thanks to and publicly commends the employees and the elected officials and elected or appointed governing boards as appropriate for the following agencies:

Law Enforcement

University of North Carolina Police Department

Carrboro Police Department

Orange County Sheriff's Department

North Carolina Highway Patrol

Durham Police Department

Durham County Sheriff's Department

Wake County Sheriff's Department

Alamance County Sheriff's Department

Burlington Police Department

Fire Protection

Carrboro Fire Department

New Hope Volunteer Fire Department

Clean-up Operations

University of North Carolina Grounds Division

City of Durham Sanitation/Street Cleaning

City of Raleigh Public Works Department

Emergency Management

Orange County Emergency Management

Orange County 911 Center

American Red Cross

BE IT FURTHER RESOLVED that the Council authorizes the Mayor to transmit this resolution to the above jurisdictions and agencies on behalf of the Town.

This the 26th day of April, 1993.

Council Member Capowski inquired whether the celebration constituted a community emergency. Mr. Horton said the scale of the celebration fit the description for mutual aid requests. Council Member Capowski inquired why funds were being requested from the University rather than the athletic department. Mr. Horton said it was necessary to approach the Athletic Department through the University's Vice-Chancellor for Business and Finance. He said financial assistance only for repair costs would be requested. Council Member Capowski inquired about the logic for excluding personnel costs. Mr. Horton said it was not appropriate to request reimbursement under terms of existing mutual aid agreements. Mayor Broun noted that the total amount of money involved was approximately $3,600. Council Member Herzenberg said the resolution would authorize the Manager to meet with the Vice-Chancellor, rather than demanding reimbursement of funds.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 6.2.

Council Member Andresen thanked the Appearance Commission for its generous contribution.

RESOLUTION 6.2 WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION AUTHORIZING THE MANAGER TO MEET WITH THE UNIVERSITY OF NORTH CAROLINA VICE CHANCELLOR FOR BUSINESS AND FINANCE TO SEEK THE UNIVERSITY'S ASSISTANCE WITH CERTAIN COSTS RELATED TO THE CELEBRATION OF THE UNIVERSITY OF NORTH CAROLINA TAR HEELS' VICTORY IN THE NATIONAL COLLEGIATE ATHLETIC ASSOCIATION'S MEN'S BASKETBALL TOURNAMENT (93-4-26/R-6.2)

WHEREAS, the Town Council of Chapel Hill is most appreciative of the timely and much needed assistance which the University of North Carolina Police Department and Grounds Division provided to the Town in preparation for, during and after the celebration of the Tar Heels' national championship in the NCAA men's basketball tournament; and

WHEREAS, the Town of Chapel Hill incurred certain special costs as a result of the celebration, and the Town desires to seek the University's assistance with these costs;

NOW, THEREFORE BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Manager to meet with the University's Vice Chancellor for Business and Finance to seek the University's assistance with the tree replacement, contracted paint removal on Franklin Street and contracted security service costs as described in the Manager's report of April 26, 1993 on this matter.

This the 26th day of April, 1993.

Item 12 Quarterly Reports

Mr. Horton presented a brief overview of Town construction projects including the library and parking facility. He noted that the parking facility contractor had indicated that the project would be completed by July. Mr. Horton also reported that significant progress was being made on the new landfill facility on Eubanks Road.

Noting the importance of street maintenance, Council Member Andresen inquired why the miles of street resurfaced was so much lower than other years. Mr. Horton said there had been a significant reduction in funds available. He added that staff could provide follow-up information on street resurfacing.

Council Member Herzenberg said the first meeting of the new tree committee would take place tomorrow. He said the committee would look at plans to add trees to the community.

Council Member Rimer said a written report on the Triangle J Council of Governments, including the status of Wake County's membership, was forthcoming. Council Member Werner said he had heard that the Town of Cary intended to terminate its membership in the Triangle J Council of Governments. He said it would be useful to get information on the implications of possible withdrawal by Wake County and Cary.

Mayor Broun suggested that the Council discuss Council Member Brown's suggestion presented earlier in the meeting. Council Member Brown said there appeared to earlier agreement that information should be requested first on proposed long-term water and sewer service district boundaries. She emphasized the importance of making a clear statement of what was meant and developing a base of factual information. Council Member Brown briefly reviewed the proposed resolution. Mayor Broun said he believed that the earlier resolution incorporated all the items being suggested in the revised resolution. He added that the earlier resolution was to be considered and adopted by other local governing bodies. Council Member Andresen expressed concurrence that it would be problematic to revise a resolution being considered by other governing bodies. She suggested that the Council consider sending a letter to other jurisdictions, outlining the Council's objectives and concerns.

Mr. Horton noted that OWASA had acted on the matter while the Town of Carrboro and Orange County would consider the resolution in the near future. Council Member Brown said the resolution needed to be set down very clearly and understandably to outline a desired process. Mayor Broun concurred with Council Member Andresen's idea to put Council Member Brown's thoughts into a letter to local government units. Council Member Werner said he thought a letter gave the Council an opportunity to clearly express its thoughts to other governments. Council Member Andresen said she was willing to work with Council Member Brown on the draft letter. Mayor Broun suggested that Council Members Andresen and Brown jointly draft a letter for consideration by the Council and his signature.

Item 13 Consent Agenda

Mayor Broun expressed thanks to Evelin and Paul Brinich for their donation of land for the Battle Branch Greenway. Council Member Rimer requested removal of consent agenda item g. Council Member Andresen requested removal of consent agenda item i.

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

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND AN ORDINANCE

(93-4-26/R-7)

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 April 1 and 7, 1993.

b. Calling public hearing on proposed Development Ordinance Text Amendment concerning places of worship (R-8).

c. Acceptance of land donation for Battle Branch greenway (R-9).

d. Revised public housing utility allowance (R-10).

e. Deleted.

f. Lien assessment advertisement (R-11).

g. Public housing contract change order (R-12).

h. Transportation grant application (R-13).

i. South park and ride lot (R-14).

This the 26th day of April, 1993.

A RESOLUTION SCHEDULING A PUBLIC HEARING TO CONSIDER A DEVELOPMENT ORDINANCE TEXT AMENDMENT REGARDING FRONTAGE REQUIREMENT FOR USES SIMILAR TO PLACES OF WORSHIP, DAY CARE CENTERS, AND SIMILAR USES (93-4-26/R-8)

WHEREAS, the Chapel Hill Planning Board has considered the frontage requirements of Article 12 for places of worship, day cares and similar uses; and

WHEREAS, the Planning Board has requested adjustments to the existing frontage requirements for these types of uses;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council calls a Public Hearing to be held on Monday, June 21, 1993 to discuss possible changes to the Chapel Hill Development Ordinance to adjust the street frontage requirements for places of worship, day care centers, and similar uses.

This the 26th day of April, 1993.

A RESOLUTION ACCEPTING THE DONATION OF A 4284 SQUARE FOOT PARCEL (93-4-26/R-9)

WHEREAS, Evelin and Paul Brinich have offered to donate a 4284 square foot parcel to the Town described as Chapel Hill Tax Map 55-C-2, and;

WHEREAS, the parcel is adjacent to the Emily Braswell Perry Park and the Battle Branch Greenway and would give the Town ownership of this portion of the trail corridor, and;

WHEREAS, the Greenways Commission and the Town Manager have reviewed the proposed donation and recommend that it be accepted;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby accepts the donation of the 4284 square foot parcel from Evelin and Paul Brinich;

BE IT FURTHER RESOLVED that the Council expresses its appreciation to Evelin and Paul Brinich for their generous offer to donate land which can benefit the entire community.

This the 26th day of April 1993.

A RESOLUTION ADOPTING REVISED UTILITIES ALLOWANCE FOR THE PUBLIC HOUSING PROGRAM (93-4-26/R-10)

WHEREAS, the U.S. Department of Housing and Urban Development requires that Utilities Allowances be revised when there is a increase in the consumption levels or a cumulative increase in utility rates that equal or exceeds ten percent; and

WHEREAS, a comprehensive review of data reveals that there has been a increase in the consumption levels in public housing neighborhoods and a ten percent increase in rates;

NOW, THEREFORE, BE IT RESOLVED by Council of the Town of Chapel Hill that the Council adopts the attached revised Utilities Allowance of the U.S. Department of Housing and Urban Development, as submitted by the Town Manager on April 26, 1993. The revised Utilities Allowance would be come effective May 1, 1993.

BE IT FURTHER RESOLVED that the Council hereby authorizes the Town Manager to revise public housing utility allowances in the future to reflect changes in rates or consumption levels in accord with guidelines of the U.S. Department of Housing and Urban Development.

This is the 26th day of April, 1993.

A RESOLUTION SELECTING THE DATE FOR THE ADVERTISEMENT OF DELINQUENT ASSESSMENT LIENS (93-4-26/R-11)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council directs the Manager to advertise the Town of Chapel Hill delinquent assessment liens in the month of May, 1993 in accord with G.S. 105-369.

This the 26th day of April, 1993.

A RESOLUTION AUTHORIZING THE EXECUTING OR FILING, AS APPROPRIATE, OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION GRANT AGREEMENTS, GRANT APPLICATIONS, ANNUAL OR BIENNIAL APPLICATIONS, ANNUAL BUDGETS, AND OTHER SUCH DOCUMENTS, AS APPROPRIATE, WITH THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION PURSUANT TO RELEVANT SECTIONS OF THE FEDERAL TRANSIT ACT OF 1991, AS AMENDED (93‑4‑26/R-13)

WHEREAS, the North Carolina Department of Transportation receives grants from the U.S. Department of Transportation as authorized by the Federal Transit Act of 1991, as amended; and

WHEREAS, the purpose of these transportation funds is to provide grant monies to local agencies for planning and provision of public transportation services; and

WHEREAS, Article 2B of Chapter 136 of the North Carolina General Statutes and the Governor of North Carolina have designated the North Carolina Department of Transportation as the agency responsible for administering funds received through the Federal Transit Act of 1991; and

WHEREAS, the contract for financial assistance will impose certain obligations upon the Town of Chapel Hill, including the provision of the local project costs; and

WHEREAS, it is required by the U.S. Department of Transportation and the North Carolina Department of Transportation in accord with the provisions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of an application for assistance under the Federal Transit Act of 1991, as amended, the Town of Chapel Hill, as applicant, gives an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and other pertinent directives and the U.S. Department of Transportation and the North Carolina Department of Transportation requirements thereunder; and

WHEREAS, it is the goal of the Town of Chapel Hill, as applicant, that Disadvantaged Business Enterprises (DBE) be utilized to the fullest extent possible in connection with the project, and that definitive procedures shall be established and administered by the Town of Chapel Hill as applicant to ensure DBE's shall have the maximum feasible opportunity to compete for contracts and purchase orders when procuring construction contracts, supplies, equipment contracts, or consultant or other services.

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

1. That the Town Manager is authorized to execute and file NCDOT Grant Agreements, Annual or Biennial Applications, Annual Budget, and other such documents, as appropriate, on behalf of the Town of Chapel Hill with the North Carolina Department of Transportation, to aid in the financing of public transportation services as described therein.

2. That the Town Manager is authorized to execute and file with such NCDOT Grant Agreements, Annual or Biennial Applications, Annual Budgets, and other such documents, as appropriate, any assurance or any other documents required by the NCDOT effectuating the purposes of such NCDOT Grant Agreements, Annual or Biennial Applications, Annual Budgets, and other such documents, as appropriate.

3. That the Town Manager is authorized to furnish such additional information as the North Carolina Department of Transportation may require in connection with such NCDOT Grant Agreements, Annual or Biennial Applications, Annual Budgets, and other such documents, as appropriate.

4. That the Town Manager is authorized to set forth and execute Disadvantaged Business Enterprise (DBE) policies and procedures in connection with all procurement needs associated with such NCDOT Grant Agreements, Annual or Biennial Applications, Annual Budgets, and other such documents, as appropriate.

5. That the Town Manager is authorized to execute grant agreements on behalf of the Town of Chapel Hill with the North Carolina Department of Transportation to aid in the financing and effectuating of the purposes of such NCDOT Grant Agreements, Annual or Biennial Applications, Annual Budgets, and other such documents, as appropriate.

This the 26th day of April, 1993.

Council Member Rimer how much of the $80,000 involved was Town funds. Housing and Community Development Director Tina Vaughn said all funds were from the Department of Housing and Urban Development (HUD). Council Member Rimer said he had been very disappointed with the pace of construction at the site. He expressed hope that the project would be completed by November. Council Member Andresen inquired whether there was evidence that the units were poorly constructed. Mr. Horton said the Town's Inspections Department had to request some rework on the project. Council Member Rimer said his comments were not a reflection on Town staff.

Council Member Andresen asked whether the Town had to accept the lowest bid received. Mr. Horton said State statutes required acceptance of lowest responsible bids. Council Member Andresen inquired whether it was possible to reject bids if a contractor had a poor performance record. Mr. Horton said bid rejection necessitated documentation of a series of faults and findings. He added that substantiated failure to perform would be sufficient cause to reject a bid.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 12. THE MOTION WAS ADOPTED BY A VOTE OF 7-2, WITH COUNCIL MEMBERS ANDRESEN AND RIMER VOTING NO.

A RESOLUTION AUTHORIZING THE MANAGER TO EXECUTE CHANGE ORDERS IN THE AMOUNT OF $80,347 TO DTH CONSTRUCTION COMPANY, INC. FOR THE NEW PUBLIC HOUSING UNITS (93-4-26/R-12)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to execute change orders with DTH Construction Company, Incorporated in the amount of $80,347 for the new public housing construction, as listed below and discussed in the Town Manager's report of April 26, 1993.

17. Extend construction period: $47,472

18. Re-work storm drain: 2,457

19. Additional stone for construction entrance: 1,000

20. Silt fence & seeding at stockpile: 2,622

21. Electrical changes: 30

22. Add shoemold: 3,142

23. Foundation waterproofing on buildings #1, 2

5 and 9: 6,037

24. Blast vibration monitoring: 702

25. Re-bid drywall subcontract: 2,289

26. Insulation material cost increase: 1,824

27. Roofing material cost increase: 684

28. Truss material cost increase (six bldgs.): 7,157

29. Add plywood band at floor trusses: 3,645

30. Add studs to gable trusses: 1,286

This the 26th day of April, 1993.

Council Member Werner inquired about the linkage between the park and ride lot location and approval of the Southern Village. Mr. Horton said it was in the Town's best interest to proceed with the park and ride lot regardless of the outcome of the Southern Village proposal. Council Member Werner asked whether the lot could be relocated prior to approval of the proposed master plan. Mr. Horton said yes, adding that the Southern Village development company would have to bear any additional costs.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 14. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR PURCHASE OF LAND AND THE RELOCATION OF A PARK/RIDE LOT WITH SOUTHERN VILLAGE DEVELOPMENT COMPANY (93‑4‑26/R‑14)

WHEREAS, the Town operates public transportation services within the Town; and

WHEREAS, The Town has planned for the construction of a new park/ride lot along US Highway 15‑501 South at a site known as the Southern Community Park, with funding from the Federal Transit Administration and the North Carolina Department of Transportation; and

WHEREAS, the Town accepted grant funding for this project in 1990, and is expected to show some timely progress towards the implementation of this project; and

WHEREAS, Southern Village Development Company is developing property which abuts the Southern Community Park Site on its northern boundary and is interested in having a park/ride facility in close proximity to its development; and

WHEREAS, the parties, for their mutual benefit, have agreed to cooperate to construct a park/ride lot on the proposed Southern Village property; and

WHEREAS, there is significant public purpose to be served by expeditious development of a park/ride lot to encourage transit use;

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, for the purchase of land and the relocation of the 15‑501 South Park/Ride Lot. The terms and conditions of this agreement will be substantially the same as those shown in the attached agreement (Attachment 1).

BE IT FURTHER RESOLVED that the Town Manager be authorized to expedite the processing of application materials for a Special Use Permit for this park/ride lot.

This the 26th day of April, 1993.

Item 13 Information Reports

Council Member Capowski inquired whether no lighting improvements were proposed in the Cameron Avenue area. Mr. Horton said this was correct. Council Member Capowski inquired whether a lack of funds was the principal reason not to proceed. Mr. Horton said the Council had the option of funding lighting for the area. Council Member Capowski inquired whether there were any statistics to indicate that inadequate lighting in the area had caused accident or crime problems in the area. Mr. Horton said information on these matters could be provided to the Council. Noting that the Violent Crime and Drug Abuse program was addressing a number of lighting and safety concerns, Mayor Broun encouraged staff to proceed as quickly as possible in implementing these proposals.

No executive session was needed. The meeting concluded at 10:30 p.m.