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

OF CHAPEL HILL, MONDAY, SEPTEMBER 27, 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, Barbara Powell, 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.

Item 0.1 Announcement of Council Vacancy

Mayor Broun said that Joe Herzenberg had resigned from the Council on Thursday, September 23rd. He noted that the sixth highest vote getter in the November 2nd Council election would fill out the remaining two years of the term formerly held by Mr. Herzenberg. Mayor Broun noted that the Council was obligated to fill the vacancy between November 8th, the date of the first Council meeting following the election, and December 7th, the date on which the 1993-1995 Council would be seated.

Mayor Broun noted that the Council would receive applications to fill the Council vacancy through Wednesday, October 20th at 5:00 p.m. He stated that the Council especially encouraged all non-incumbent Council candidates to apply for the vacancy. Mayor Broun said nominations would be made at the October 25th meeting, with the Council expecting to appoint the highest non-incumbent vote getter to fill the vacancy from November 8th through December 7th. Council Member Powell inquired whether non-Council candidates were eligible to fill the short-term vacancy. Mayor Broun said yes, noting that the Council was not legally bound to appoint the highest non-incumbent vote getter although this appeared to be the preferable way to proceed.

Noting the importance of the Council orientation process, Council Member Capowski suggested the possibility of leaving the vacant seat open until December 7th. Mayor Broun expressed concern that leaving the seat open might lead some people to question Council votes during the interim period.

Noting the importance of fully-informed judgements, Council Member Rimer said the community might be best served by eight people having some knowledge of what was involved in issues. Noting that there would be at least three new Council Members following the November 2nd election, Council Member Werner said it might be to the Council's advantage to make an interim appointment. Noting that there did not appear to be much choice in the matter, Mayor Broun suggested that the Council adopt the proposed resolution.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADOPT RESOLUTION 0.1. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION REGARDING THE FILING OF A VACANCY ON THE CHAPEL HILL TOWN COUNCIL (93-9-27/R-0.1)

BE IT RESOLVED by the Council of the Town of Chapel Hill as follows:

1. That the deadline for applications to fill the vacancy on the Town Council is hereby set as October 20, 1993;

2. That the Council encourages candidates for the Council in the November 2 election to apply for the vacancy; and,

3. That the Council expresses its intent that it expects to appoint, to fill the current vacancy until the December 7 organizational meeting of the new Council, the qualified candidate receiving the highest number of votes in the November 2 Council election.

This the 27th day of September, 1993.

Item 3 Petitions

Joe Hollowell presented an overview of the Albemarle-Pamlico Estuarine Study. He noted that the federal Clear Water and Air Act required the creation of management plans for all estuaries in the United States. Mr. Hollowell said Orange County was part of the Neuse River basin. He stated that the estuarine study identified fishkills, algae blooms, watershed problems and urban stormwater runoff matters. Noting the importance of coordinated local government management of natural resources, Mr. Hollowell requested the Council's feedback on estuarine-related matters.

Council Member Andresen requested additional specifics about the Council's possible roles. Mr. Hollowell noted that one possible area was urban stormwater runoff. Council Member Andresen inquired whether Mr. Hollowell was aware that the Town had a Stormwater Management Committee. Mr. Hollowell said he was aware of the committee. Council Member Werner expressed his appreciation to Mr. Hollowell for his presentation. He inquired how stormwater management issues were addressed in other communities around the state. Mr. Hollowell stated that the study's executive summary and management plan contained details about stormwater management in a number of communities. Council Member Brown inquired about the study's proposed timeframe for the Cape Fear basin. Mr. Hollowell said a specific statewide timeframe had not yet been developed. Council Member Werner said the State had initiated a watershed management plan for the Cape Fear basin, concentrating on point sources.

Rosemary Waldorf requested a mid-year budget amendment to hire additional police officers. She expressed concern that there were not sufficient patrol officers in the downtown area. Ms. Waldorf noted that the Police Department was in the process of hiring four additional officers and two investigators. She also expressed hope that the Council would refer her petition to the Manager for further evaluation.

Noting that the Police Department had not made funding requests for additional staff to the Council, Council Member Capowski said the Council should not micromanage Police Department operations. Mayor Broun said he thought Police Department had been giving consideration to making a funding request to the Council. Mr. Horton said the issue was very timely. He said staff would welcome the opportunity to report on police patrol issues.

Council Member Andresen requested that the Manager report to the Council on recent criminal activity in the Town. She noted that her son had recently witnessed two very violent fights on Franklin Street. Council Member Andresen also suggested that the staff's report might contain suggestions about the possible roles of local restaurant and bar owners in reducing crime levels. She requested that the report include information on legal options to deal with drunk and disorderly conduct. Council Member Andresen said the Town could not tolerate violence. Mr. Horton said staff could provide a follow-up report at the Council's October 13th meeting.

Council Member Brown requested that the staff's follow-up report contain information on residential crime. Council Member Powell requested follow-up information on the proposed number of new police officers and the areas they would patrol. Expressing concern that some recent media coverage had been one-sided, Council Member Rimer suggested that staff put crime statistics and trends into perspective in its follow-up report. Ms. Waldorf said Police Department figures showed a marked increase in crimes against persons. Council Member Rimer said he was requesting that information be put forward as public information without any slant. Ms. Waldorf said the Police Department needed greater flexibility and the commercial and downtown areas needed more manpower and flexibility. Council Member Powell emphasized the importance of taking the necessary steps to keep the Town's residents as safe as possible. Council Member Werner inquired what had changed in the last six months to necessitate an additional four or six patrol officers, rather than the two officers suggested in May. Mr. Horton stated that the need for law enforcement services in the downtown area had increased dramatically during this period. He added that there had been a change in general conditions.

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO REFER THE MATTER TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Bree Lorant expressed concern about the proposed continuation and increase of commercial activities at Horace Williams Airport. Ms. Lorant urged the Council to request that language be changed in the proposed memorandum of understanding to limit commercial activity at the airport. She said if the University were not agreeable to this arrangement, the Town should refuse to sign the joint memorandum of understanding. Ms. Lorant said that over one hundred and fifty persons had signed a petition opposing the continuation of commercial activities at Horace Williams Airport. She also expressed concern about night flights at the airport. Ms. Lorant said the legality of cargo in these flights might be discussed with law enforcement officials. Mayor Broun noted that he would be meeting with Chancellor Hardin in the near future to discuss airport-related matters.

_______ Glatz, representing the Gimghoul Neighborhood Association, expressed concern about a proposal to postpone the public hearing on zoning for his neighborhood. Mr. Horton said he was not aware of any such postponement proposal.

Kevin Moran, representing the Student Bicentennial Planning Committee, said his committee was planning a large-scale community service project which would be beneficial and exciting. Mr. Moran said the Committee wanted to explore project possibilities with Town staff. Mr. Moran said students involved in the project had a great deal of excitement and energy. Expressing the Council's appreciation for the Committee's offer, Council Member Capowski suggested that the local media publicize the student's offer of assistance.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO REFER THE PETITION TO THE MANAGER AND PARKS AND RECREATION COMMISSION AND REQUEST EXPEDITIOUS FOLLOW-UP ACTION. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Mr. Horton said staff would welcome participation by Council Members in the planning process.

Steve Wallace stated that there was a lack of comprehensive planning to reduce violent crime and drug use. He said it was erroneous for the public to think that law enforcement alone would solve crime problems. Mr. Wallace also said it appeared that the Council was afraid to address crime-related problems. He stated that a new report indicated that the DARE program was a nationwide failure. Mr. Wallace expressed his desire to serve on the Leadership Committee of the Violent Crime and Drug Abuse Program.

Council Member Werner noted that today was Council Member Chilton's 23rd birthday. Mayor Broun jokingly noted that the Council Member had aged more than two years during his service on the Council.

Council Member Andresen noted that the Carrboro representatives on the joint annexation committee had suggested that the group hold a meeting in late October. Council Member Capowski inquired whether the Council should appoint a third Council representative to the group. Mayor Broun suggested that the Council Members Andresen and Capowski discuss this matter further.

Council Member Andresen noted that two of three criteria had to be met for a stream to be designated as a perennial stream in the Resource Conservation District. Council Member Andresen requested that the Manager prepare a follow-up report on standards for designation of perennial streams. Council Member Rimer noted that there had been some discussion about using the Geographic Information System to develop a map of intermittent and perennial streams. Mr. Horton said staff could provide a quick turnaround report to the Council.

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO REFER THE MATTER TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Council Member Brown noted that Dr. John DeGrove would be the featured speaker at a growth-management conference to be held on Thursday, September 30th. She said there was no admission charge for the conference and interested persons were encouraged to attend the morning and evening sessions.

Council Member Brown requested that the Attorney prepare a report on the legality of a general moratorium on development. Council Member Brown said she believed that such a moratorium was not legally permissible. Council Member Werner suggested that Council Member Brown might wish to broaden this question. Council Member Brown said she was only requesting information, rather than advocating such a moratorium.

Council Member Rimer noted that he had recently appointed as Vice-Chair of the Triangle J COG Board of Directors.

Council Member Capowski inquired whether the Town had a position on whether it would allow new roads to cut through existing neighborhoods. Mr. Horton said staff could prepare a follow-up report on this issue. He added that the basic policies were outlined in the Town's Comprehensive Plan.

Noting that the Council had received a lot of communications about increased cable television service fees, Council Member Powell inquired whether the Council would be discussing these matters in the near future. Council Member Capowski said the Cable Refranchising Committee would be holding its next meeting on Thursday. Council Member Capowski said he would present a follow-up report at the October 13th Council meeting.

Mr. Horton requested that the consent agenda be amended to reflect the staff's recommendation that the Granville Towers request for a noise ordinance amendment be denied.

Item 4 Boards and Commissions

Appointment to Public Art Endowment Fund Committee

Mayor Broun noted that the Committee recommended the appointment of Donald Bergstrom to the Committee. He added that the Committee recommended that Mr. Hirschfield and Ms. Townsend could serve on subcommittees. Council Member Brown noted that subcommittee members typically served on the main committee as well. Eileen Helton stated that subcommittee members might be appointed to the committee in the future.

DONALD BERGSTROM WAS APPOINTED TO THE COMMITTEE. VOTING TALLIES WERE AS FOLLOWS: ORIGINAL VOTING BALLOTS ARE ON FILE IN THE CLERK'S OFFICE.

Mayor Broun noted that the Public Art Endowment Fund Committee was recommending this it's name be changed to ______________________.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT RESOLUTION 0.2. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

[Please insert Resolution 0.2]

A RESOLUTION CHANGING THE NAME OF THE PUBLIC ART ENDOWMENT FUND COMMITTEE (93-9-27/R-0.2)

WHEREAS, the Public Art Endowment Fund Committee met on September 23rd to discuss its goals; and

WHEREAS, Committee concluded that the current name was very cumbersome and did not reflect the Committee's broader goals;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Public Art Endowment Fund Committee be renamed to the Chapel Hill Public Arts Commission.

This the 27th day of September, 1993.

Orange County Emergency Medical Services Advisory Board

Council Member Chilton suggested that the Council name Mr. Doraiswamy as its appointment recommendation.

MR. DORAISWAMY WAS UNANIMOUSLY RECOMMENDED FOR APPOINTMENT RECOMMENDATION TO THE ORANGE COUNTY EMS ADVISORY BOARD. ORIGINAL VOTING BALLOTS ARE ON FILE IN THE CLERK'S OFFICE.

Item 5 Horace Williams Airport

Planning Director Roger Waldon briefly reviewed the staff's memorandum. He said the staff report suggested that the current zoning of the Horace Williams property was not the most desirable. Mr. Waldon said staff recommended calling a hearing on the airport property's zoning in April, 1994. Mr. Waldon also noted that the Council could possibly fast track the item by holding a public hearing in November, 1993. He stated that staff recommended Council adoption of Resolution A, calling the hearing in April.

Council Member Andresen inquired whether it was a good idea to initiate the discussions now, in light of the Town's greenspace needs from the University. Mr. Horton said it was necessary to solicit input from the University on the proposed property rezoning.

Council Member Brown emphasized the importance of taking into account the manner in which the Horace Williams Airport property would be developed in the future. Council Member Brown expressed her desire to introduce sustainable development and other options such as overlay districts or planned unit development, relative to the Horace Williams tract. She suggested that the Town needed to break old molds in order to develop new ones.

Council Member Werner noted that it would take a long time to resolve the matter of zoning for the Horace Williams Airport property. He suggested that the Council allow a minimum of five to six months for University involvement and other intergovernmental and interjurisdictional needs.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADOPT RESOLUTION 1A, AS AMENDED, TAKING INTO ACCOUNT ADDITIONAL OPTIONS FOR POSSIBLE REZONING OF THE HORACE WILLIAMS AIRPORT PROPERTY.

Council Member Rimer said he would personally have a difficult time for the amended resolution since very few people understood the concept of sustainable development. Council Member Brown said her proposal was to examine a range of possibilities including sustainable development. Council Member Andresen said Council Member Brown was attempting to assure that more than one approach was considered. Council Member Werner said staff could possibly prepare a list of options for the Council.

Council Member Brown inquired about opening the process for public comment. Council Member Werner said it was advisable to first receive comments from the University. Noting that the University was the only property owner in the area, Mayor Broun said some differences of opinion with neighboring property owners were inevitable. Mr. Horton noted that the options outlined by staff were limited by previous court decisions and zoning laws. He emphasized the importance of receiving sufficient Council guidance early in the rezoning process. Council Member Capowski said he did not see how Resolution 1a would negate any of Council Member Brown's, the University's or Council's ideas about possible rezoning of the Horace Williams Airport property.

Council Member Werner noted that the proposed resolution directed the Manager to work with University staff on the matter. Mr. Horton said Town and University staff would converse about the proposed rezoning in order to receive comment from the University. Council Member Chilton suggested that the Carrboro Board of Aldermen and Town staff be involved early in discussion process. Mr. Horton said he could transmit to the Orange County and Carrboro staff, inviting local elected officials and staff to be involved in the discussions concerning possible rezoning of the Horace Williams Airport property. Council Member Capowski inquired whether all property owners within five hundred feet would receive notification of the possible rezoning. Mr. Horton said yes.

COUNCIL MEMBER BROWN AND COUNCIL MEMBER ANDRESEN AGREED TO WITHDRAW THEIR EARLIER MOTION AMENDING RESOLUTION 1A. COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADOPT RESOLUTION 1A AS PRESENTED. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Item 6 Watershed Protection

Mr. Horton briefly reviewed the staff recommendations concerning impervious surface limits. Council Member Werner inquired how the Cane Creek watershed was currently zoned. Council Member Andresen said one acre per home. She expressed hope that the Council would adopt Resolution 2.

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT RESOLUTION 2, WITH MAYOR BROUN TO FORWARD A LETTER TO OWASA OUTLINING THE IMPORTANCE OF RESOLUTION 2.

Council Member Andresen noted that she did not know what Orange County would recommend relative to the proposed standards. She also emphasized the importance of protecting the area's water supply.

Council Member Brown said Cane Creek's water quality was not as good as she had originally believed. Council Member Werner said the intake for Cane Creek water was no cleaner than the City of Durham's or Raleigh's raw water. He added that this was principally attributable to agricultural runoff. Council Member Andresen noted that OWASA had a program to encourage best management practices amongst local farmers. Council Member Rimer emphasized the importance of further examination of best management practices relative to cleaning up residuals off agricultural land. Council Member Capowski inquired about the possibility of designating standards for the Alamance County portion of the Cane Creek watershed. Mr. Horton suggested that the Town could possibly seek OWASA's guidance in this matter.

RESOLUTION 2 WAS ADOPTED UNANIMOUSLY (8-0).

Item 7 Sewer Assessment Alternatives

Assistant to the Manager Greg Feller briefly reviewed the staff's memorandum. Council Member Andresen noted that sewer assessment costs were generally declining. She added that OWASA would likely propose that a new assessment policy be implemented in order that all non-sewered neighborhoods could receive service in the future. Mr. Horton said the staff had done the best possible job of outlining options for the Council's consideration.

Flicka Bateman expressed concern that relatively little progress had been made on some sewer assessment matters. She emphasized the importance of determining reliable cost estimates, particularly for off-site costs and rock excavation, early in the assessment process. Ms. Bateman requested that the Council take necessary steps to reduce sewer service costs as much as possible and to make OWASA more responsive to public concerns.

Kent Mullikin, a resident of Glen Heights, said it would cost approximately $16,000 per home to provide sewer service in some neighborhoods. Mr. Mullikin noted that Glen Heights had submitted a new petition for sewer service to OWASA on September 23rd. He stated that the full cost of sewer service in the Glen Heights neighborhood would be $7,000 to $8,000 per home. He requested the Council's assistance in securing sewer service for the Glen Heights neighborhood.

Lisa Stuckey, a resident of North Forest Hills resident said it was possible to achieve substantial savings in sewer service costs with little impact on the OWASA rate base. She noted that OWASA had suggested that it might be possible to remove engineering and design costs from sewer assessment project costs by including these costs in the general rate base. Ms. Stuckey noted that the cost for sewer service hook-ups were generally much lower in Durham County than in the Town.

Henry Lister emphasized the importance of assuring certainty, equity and affordability for sewer assessments. A copy of Mr. Lister's remarks are on file in the Clerk' Office.

Elaine Marcus, a Mount Bolus Road resident, said she did not know when sewer service would be available in her neighborhood. She said residents were being asked to pay $10,000 to $12,000 for sewer service to their homes. Ms. Marcus suggested that, if necessary, the Council consider establishing a task force to resolve existing sewer service problems. She urged the Council to seek a civic-minded solution as soon as possible.

Judy Bergman expressed concern that OWASA was currently making a lot of profit on sewer assessment projects. Ms. Bergman said that sewer management around the Town was not working properly.

Scott Radway, a resident of North Forest Hills, said OWASA and the Council had an opportunity to resolve a public health problem relative to the provision of sewer service. Speaking as a Planning Board member, Mr. Radway emphasized the importance of providing sewer service to the northwest area in the future to address growth and economic development related concerns.

Henry Whitfield expressed concern about OWASA's availability fees and the relative absence of incentives to conserve water. He requested that OWASA completely eliminate availability fees in the future.

Council Member Werner inquired about OWASA's flexibility regarding sewer project assessments. Mr. Feller said the purchase and sale agreement between the University, the Town and Town of Carrboro allowed the OWASA Board to make decisions about project costs and whether engineering and off-site costs should be excluded from assessments. Council Member Werner inquired whether rock excavation and sewer main costs were in the same category as engineering costs. Mr. Feller said off-site costs could be excluded, while the OWASA legal counsel had not addressed rock excavation costs. Mayor Broun inquired about the status of legal costs. Mr. Feller said staff could follow-up on this aspect. Mr. Horton said he believed that the OWASA Counsel had suggested that legal costs could be soft costs. Council Member Werner inquired whether OWASA had information about which neighborhoods had received subsidies for water and sewer service. Mr. Feller said Federal Clean Water Act Funds had covered approximately 25% of eligible project costs in several Town neighborhoods during the 1970's.

Council Member Werner inquired about the possibility of providing water and sewer service subsidies to persons and families not in the low or moderate income categories. Mr. Karpinos said subsidies could possibly be provided to homes on an individual basis within neighborhoods. Council Member Werner inquired about the possibility of providing direct subsidies to each of the four neighborhoods. Mr. Karpinos said he believed this was permissible so long as the subsidies were for public health or safety purposes.

Council Member Andresen inquired whether community development funds could be used for sewer service assessments in the four neighborhoods. Mr. Horton said he did not believe so.

Council Member Capowski said he believed it made sense to base assessments on a per lot basis. He stated that this basis would provide OWASA an incentive to be efficient. Council Member Capowski inquired when individual project costs were determined. Mr. Feller stated that OWASA did not proceed with individual projects until public hearings had been held. Council Member Capowski inquired about projected installation costs to provide sewer service to unsewered areas. Mr. Feller said no such analysis had been performed by OWASA staff.

Council Member Brown inquired about the process for changing OWASA's assessment policies. Mr. Horton noted that other communities were not governed by sales contracts which governed the OWASA system. He added that the State of North Carolina might be the best party to approach concerning possible changes to the agreement. Council Member Brown inquired whether it would be necessary to change the fundamental nature of OWASA's operations. Mr. Horton said it would be necessary to change the fundamental rules of the game.

Council Member Capowski said OWASA's sewer assessment policy needed to be long-range in its orientation, rather than just addressing the needs of the four neighborhoods seeking sewer service.

Council Member Brown suggested that the Council examine the nature of OWASA in the near future. Council Member Rimer noted that the sales and purchase agreement restricted what the Council and Town could do relative to assessments and OWASA's operations. He added that steps could possibly be taken to change the sales and purchase agreement. Noting that the University had sold the utility to OWASA for far less than its true worth, Council Member Andresen said OWASA had taken some steps and made some concessions to address sewer assessment concerns. Council Member Chilton suggested that OWASA needed to reexamine per lot costs relative to pie-shaped and flag-shaped lots.

Noting that OWASA had displayed a desire to expand its service area to Chatham County, Council Member Werner inquired why OWASA could not make it easier for neighborhoods in Orange County to receive sewer service. Council Member Werner said he was not interested in OWASA expanding its sphere of influence until all in the service area had received sewer service.

Mayor Broun stated that the September 28th joint work session with OWASA Board Members would focus on trying to provide fairness relative to sewer service costs. Council Member Andresen said it would be desirable for the Town to have information on sewer service subsidies relative to family income levels. Long-Range Planning Coordinator Chris Berndt said staff was awaiting responses to a survey concerning income levels and sewer service subsidies. Mayor Broun noted that the September 28th joint meeting was a work session only, with no action scheduled. Council Member Andresen said she hoped the Council would present ideas on financing options.

Item 8 Knolls Development Proposal

Long-Range Planning Coordinator Chris Berndt said the Knolls Development Association was proposing to rehabilitate three homes and sell them to low-income families. Ms. Berndt also said the total funding requested was $112,500 of community development funds. She added that the proposed program fit the goals of the Town's community development plan. Ms. Berndt stated that the Manager and Housing and Community Development Advisory Board recommended adoption of Resolution 3.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO ADOPT RESOLUTION 3.

Mayor Broun said the project model was a very good one. Council Member Brown said she was very impressed with the Knolls Development Association and its proposed program.

RESOLUTION 3 WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION AUTHORIZING THE ACQUISITION OF 140 LINCOLN LANE, 144 LINCOLN LANE AND 122 JOHNSON STREET AND TRANSFER OWNERSHIP OF THEM TO THE KNOLLS DEVELOPMENT ASSOCIATION FOR REHABILITATION AND SALE TO LOW INCOME FAMILIES (93-9-27/R-3)

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 the Town acquire three houses in the Pine Knolls neighborhood, transfer ownership to Knolls Development for rehabilitation and sale to low-income families; 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 acquisition of 140 Lincoln Lane, 144 Lincoln Lane and 122 Johnson Street and transfer them to Knolls Development Association for rehabilitation and sale to low-income families;

BE IT FURTHER RESOLVED that the Council authorizes that the source of funds for the acquisition shall be the Town's Community Development Block Grant funds as described in the Manager's memorandum to the Council of September 27, 1993; and

BE IT FURTHER RESOLVED that the Council authorizes the Manager to contract with the Knolls Development Association to carry out the project.

This the 27th day of September, 1993.

Item 9 Orange County Economic Development Commission

Quarterly Report

Orange County Economic Development Director Ted Abernathy said the Commission was more than a recruitment organization. Mr. Abernathy briefly reviewed the Commission's activities including the business women owner's roundtable, the Small Business and Technology Development Center, the Job Opportunities and Basic Skills Program and its other programs.

Council Member Andresen expressed concern that economic development districts proposed by the Commission would not undergo a public review process. Mr. Abernathy said public meetings had been held to encourage higher standards and quality for economic development activities.

Noting that the Interstate 85 corridor between Greensboro and Burlington was traditionally very heavily-trafficked, Council Member Brown expressed concern about the proposal to make this an economic development corridor. Mr. Abernathy stated that the I-85 corridor had recently been named the top area for new growth in the United States. He added that economic development tended to concentrate in areas where transportation resources were in place. Council Member Andresen inquired where the proposed New Hope/NC 86 economic development district laid in relation to the rural buffer. Mr. Abernathy said the proposed district was not in the rural buffer. Council Member Werner inquired about the economic impact of the proposed Mercedes plant in Orange County. Mr. Abernathy said the first impact would be nearby land prices to increase considerably. He added that there also would be pressure for commercial and residential growth. Council Member Werner inquired about the number of new jobs in Orange County as opposed to Alamance County. Mr. Abernathy said the vast majority of the proposed plant would be located in Alamance County.

Council Member Capowski inquired about the possible impact of the proposed Wal-Mart and Sam's Wholesale Club on Orange County. Mr. Abernathy said the most noticeable effect would be the loss of retail sales dollars to Durham County.

Item 10 Estes Drive Widening Feasibility Study

Mr. Horton said the State of North Carolina had proposed to widen a section of Estes Drive to a five-lane cross section. He noted that there was a considerable difference between the Council's plans and those of the Department of Transportation. Mayor Broun said a careful review of the State feasibility study was needed.

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

Council Member Brown said she wanted the Department of Transportation to consider the addition of a third turning lane only. Council Member Capowski inquired whether the proposal would come back for Council comment. Mr. Horton said yes.

Item 11 Consent Agenda

Council Member Capowski requested removal of item h. Mayor Broun noted that two citizens had requested to speak on item j.

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT THE CONSENT AGENDA AS PRESENTED (EXCEPTING ITEMS H & J).

[Please insert consent agenda (except Resolutions 12 & 13.1)].

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES

(93-9-27/R-6)

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

a. Minutes of August 23.

b. Calling a public hearing on potential amendments to the Development Ordinance (R-7).

c. Durham-Chapel Hill-Carrboro Urban Area Memorandum of Understanding (R-8).

d. Revision to 1993-94 public housing budget (R-8.1).

e. Public housing management certification (R-9).

f. Home improvement partnership program consortium agreement (R-10).

g. Acquisition of parcel between Morgan Creek and N.C. 54 bypass (R-11).

h. Bicycle Advisory Committee membership (R-12).

i. Short-term parking in downtown center (R-13).

j. Noise ordinance amendment request for Bicentennial kick-off event (O-2).

k. New library lighting change order (R-14).

This the 27th day of September, 1993.

A RESOLUTION CALLING PUBLIC HEARINGS ON POTENTIAL AMENDMENTS TO THE DEVELOPMENT ORDINANCE (93-9-27/R-7)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby calls public hearings on February 22, 1994 to consider amending the building regulations in the Town Code to include expanded requirements for sprinkler systems in new construction, and to consider requiring payments in lieu of small recreation areas in new developments.

This the 27th day of September, 1993.

A RESOLUTION APPROVING THE DURHAM-CHAPEL HILL-CARRBORO URBAN AREA MEMORANDUM OF UNDERSTANDING (93-9-27/R-8)

WHEREAS, it is recognized that proper movement of travel within and through the Durham-Chapel Hill-Carrboro Planning Area is a highly desirable element of a comprehensive plan for the orderly growth and development of the area; and

WHEREAS, there are a number of governmental jurisdictions within the Durham-Chapel Hill-Carrboro Planning Area which have been authorized with implementation and regulatory responsibilities for transportation by North Carolina General Statues; and

WHEREAS; it is desirable that a coordinated, cooperative and comprehensive transportation planning process be maintained in the Durham-Chapel Hill-Carrboro Planning Area to ensure that the transportation system is maintained on an efficient and economical basis commensurate with the public health, safety and welfare; and

WHEREAS, a revised Memorandum of Understanding between the Governor of North Carolina, Town of Carrboro, Town of Chapel Hill, County of Chatham, City of Durham, County of Durham, County of Orange and the North Carolina Department of Transportation has been prepared that sets forth the responsibilities and working agreements for maintaining a continuing, cooperative and comprehensive transportation planning process;

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

1. That the proposed Durham-Chapel Hill-Carrboro Urban Area Memorandum of Understanding is approved with Section III amended as follows:

For the purpose of determining 75% representation, the populations within incorporated areas are represented by the respective municipal governments and the populations within the unincorporated areas of the Durham-Chapel Hill-Carrboro Metropolitan Area Boundary are represented by the respective county governments.

2. That the Mayor is authorized to execute the Memorandum of Understanding.

This the 27th day of September, 1993.

A RESOLUTION APPROVING REVISION NO. 1 TO THE OPERATING BUDGET FOR THE LOW RENT CONVENTIONAL HOUSING PROGRAM FOR JULY 1, 1993 THROUGH JUNE 30, 1994 FOR PROJECT NO (S) 46-1, 2, 3, 4, 5, 6, 7, 9

(93-9-27/R-8.1)

WHEREAS, the Town Manager has submitted a public housing budget for fiscal year ending June 30, 1994; and

WHEREAS, the Council has determined that the proposed expenditures are necessary in the efficient and economical operations of the Housing Authority for the purpose of serving low-income families; and

WHEREAS, the budget indicates a source of funding adequate to cover all proposed expenditures; and

WHEREAS, all proposed rental charges and expenditures will be consistent with provisions of law and the Annual Contributions Contract; and

WHEREAS, the Council hereby certifies that the Town's Authority is in compliance with the provisions of Section 207 (a) of the Authority shall at least once a year re-examine the income of families living in the Project (a); and

WHEREAS, all persons responsible for 75 or more units of public housing are hereby certified by an approved certifying organization's; and

WHEREAS, pursuant to Section 307, Part II of the Consolidated Annual Contributions Contracts, the Town's Authority hereby certifies that all administrative salaries are comparable to local practice, based on a comparability study date of January 1989 which is on file for HUD review;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves Revision No. 1 to the operating budget for the fiscal year ending June 30, 1994.

This the 27th day of September, 1993.

A RESOLUTION APPROVING A PUBLIC HOUSING MANAGEMENT ASSESSMENT PROGRAM (PHMAP) CERTIFICATION (93-9-27/R-9)

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

WHEREAS, the Department of Housing and Urban Development requires that the Council of the Town of Chapel Hill approve a Certification for fiscal year ending June 30, 1993.

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

This the 27th day of September, 1993.

A RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO THE ORANGE COUNTY HOME CONSORTIUM AGREEMENT (93-9-27/R-10)

WHEREAS, Chapel Hill, Carrboro, Orange County and Hillsborough are currently members of the Orange County HOME Consortium, established on August 3, 1992; and

WHEREAS, the Orange HOME Consortium desires to be considered for eligibility under the federal HOME program operated by the U. S. Department of Housing and Urban Development as authorized under the Home Investment Partnership Act; and

WHEREAS, the proper administration of the Agreement requires that there be amendments to the Agreement;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to execute the attached amendment to the HOME Consortium Agreement as described in the Manager's memorandum of September 27, 1993 to determine the eligibility under the federal HOME Program operated by the U. S. Department of Housing and Urban Development.

This the 27th day of September, 1993.

A RESOLUTION AUTHORIZING THE ACQUISITION OF THE TRIMBLE PROPERTY (TAX MAP 122, BLOCK B, LOT 6) (93-9-27/R-11)

WHEREAS, the Greenways Plan identifies the Morgan Creek Greenway Park as extending from Frank Porter Graham School on Smith Level Road to US 15-501; and

WHEREAS, the Town has acquired several parcels along this corridor; and

WHEREAS, acquisition of the parcel identified as tax map 122, block B, lot 6 is necessary for a continuous public greenway along Morgan Creek; and

WHEREAS, NationsBank Trust Department has agreed to a sales price of $6800 for the 3.4 acre parcel.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the Town of Chapel Hill that the Council hereby authorizes the Town Manager to acquire this parcel using funds from the 1989 Parks and Recreation Bond issue already allocated for greenway land and easement acquisition.

This the 27th day of September, 1993.

A RESOLUTION AUTHORIZING THE MANAGER TO INSTALL TWO ADDITIONAL 15 MINUTE PARKING SPACES IN THE WEST FRANKLIN STREET AREA (93‑9‑27/R‑13)

WHEREAS, the Town operates on‑street metered parking in the Town Center; and

WHEREAS, there is demand for short‑term, on‑street parking.

BE IT RESOLVED by the Council of the Town of Chapel Hill, that the Council authorizes the Town Manager to install two additional 15 minute metered parking in the West Franklin Street area.

This the 27th day of September, 1993.

AN ORDINANCE AMENDING CHAPTER 11 OF THE TOWN CODE OF ORDINANCES REGARDING NOISE CONTROL FOR A SPECIAL EVENT TO BE HELD ON OCTOBER 11, 1993 BETWEEN 5:00 P.M. AND 2:00 A.M. (93-9-27/O-2)

WHEREAS, the sponsors of the outdoor event, Granville Towers are proposing to hold an event to commemorate the UNC Bicentennial on Monday, October 11, 1993 between 5:00 p.m. and 2:00 a.m.; 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.

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 issuance of a permit and allow sound levels exceeding those set above as follows:

Monday evening,

(5:00 p.m. - 2:00 a.m. Tuesday)...................................... 70 dB(A)

SECTION II

Section I of this Ordinance shall be effective only on October 11, 1993 between 5:00 p.m. and 2:00 a.m., after which, times and days in the previously adopted Ordinance shall again become effective.

This the 27th day of September, 1993.

A RESOLUTION AUTHORIZING THE MANAGER TO EXECUTE A $1,586 CHANGE ORDER TO MANAGEMENT SYSTEMS ELECTRIC INC. FOR THE NEW LIBRARY CONSTRUCTION PROJECT (93-9-27/R-14)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to execute a change order to Management Systems Electric Incorporated in the amount of $1,586 for the new Chapel Hill Public Library construction.

This the 27th day of September, 1993.

Council Member Capowski noted that he rode his bicycle to work each day. Mr. Horton said the Town had previously participated in an alternative transportation day. Council Member Capowski inquired whether another day of this type was planned. Council Member Chilton said he would transmit the idea to the appropriate parties.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 12. THE MOTION WAS ADOPTED UNANIMOUSLY

(8-0).

A RESOLUTION REDUCING THE SIZE AND AMENDING THE MEMBERSHIP OF THE TOWN BICYCLING ADVISORY COMMITTEE (93-9-27/R-12)

WHEREAS, the Bicycling Advisory Committee has provided valuable service to the community in promoting bicycle helmet use and related bicycling issues; and

WHEREAS, the Bicycling Advisory Committee has requested that the Council reduce the size of the Committee and amend its membership.

NOW, THEREFORE, BE IT RESOLVED by the Chapel Hill Town Council that the Bicycling Advisory Committee's membership be limited to 15 members.

BE IT FURTHER RESOLVED that the Committee actively recruit members from the following organizations:

Chapel Hill-Carrboro City Schools

Chapel Hill-Carrboro Parent Teacher Association

University of North Carolina Hospitals

University of North Carolina

Chapel Hill League for Safe Bicycling

Chapel Hill Transportation Board

Bicycle Merchants

University of North Carolina Students

This the 27th day of September, 1993.

Mr. Horton said he had serious concerns about holding any outdoor parties involving the use of alcohol. Alexis Pazzoula said the planned event would run from 8:00 p.m. to 12:30 a.m. and no alcohol would be permitted. He added that additional officers would be hired for the event, if necessary.

Denny Skipper said the event would be held at the pool area at Granville Towers, an area surrounded by tall buildings, which would help to buffer noise in adjoining areas.

Council Member Powell inquired when music would conclude at the event. Mr. Pazzoula said 12:15 a.m. Council Member Andresen asked why the event was not planned for a weekend night. Mr. Pazzoula said there was a desire to directly connect the event to the University's Bicentennial celebration. Council Member Capowski inquired how alcohol use would be prohibited in parking lots. Mr. Pazzoula said four security officers would patrol parking lots to check for alcohol violations.

Council Member Brown inquired how many people were expected at the event. Mr. Pazzoula said invitations had been sent to Granville Towers alumni and existing residents. He added that the event was also open to faculty, staff and students. Council Member Brown said it appeared likely that a large number of people would be attracted to the event.

Council Member Andresen said the Council could either deny the request or explore options to reschedule the event's time or location. Mr. Horton noted that it would be virtually impossible to keep alcohol off Granville Towers and adjoining property during the event. Council Member Andresen inquired about the possibility of holding the party elsewhere. Mr. Horton said as a general practice, the Police Department recommended no allowing alcohol at large events of this type. Noting that it was very unfortunate that there was no way to refer the matter back to the staff, Council Member Chilton said he would have to vote against the request for an exception to the Town's noise ordinance. Mayor Broun inquired whether the party would still be held if the noise ordinance amendment were not granted. Mr. Pazzoula said the event could be adapted accordingly.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADOPT RESOLUTION 13.1, DENYING THE REQUEST FOR A NOISE ORDINANCE AMENDMENT.

Council Member Capowski inquired how the event could be modified to increase security. Mr. Pazzoula said it would be quite difficult to assure security given the open nature of the area. He thanked the Council for their time and concerns. He also invited the Council to attend the 5:00 to 8:00 p.m. event.

RESOLUTION 13.1 WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION DENYING A REQUEST FOR A NOISE ORDINANCE AMENDMENT FOR AN EVENT AT GRANVILLE TOWERS ON OCTOBER 11, 1993 (93-9-27/R-13.1)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby denies the request for a Noise Ordinance amendment requested for October 11, 1993 to allow outdoor amplified sound at Granville Towers.

This the 27th day of September, 1993.

Item 12 Information Reports

Mayor Broun inquired whether there were any comments on information reports. Council Member Capowski inquired about the northern boundary of OWASA's service boundary relative to the New Hope water line. He asked whether the OWASA service area was bumping up against the Town of Hillsborough limits. Mr. Horton said this was the case for water service.

The meeting concluded at 11:42 p.m.

No report followed the Executive Session.