MINUTES OF A REGULAR MEETING OF THE CHAPEL HILL TOWN COUNCIL

WEDNESDAY, OCTOBER 13, 1993 AT 7:30 P.M.

Mayor Broun called the meeting to order at 7:30 p.m. Council Members in attendance were Joyce Brown, Joe Capowski, Mark Chilton, Barbara Booth Powell, Alan Rimer, and Arthur Werner. Council Member Julie Andresen was absent excused. Also in attendance were Town Manager Cal Horton, Assistant Town Manager Florentine Miller, Town Attorney Ralph Karpinos, Fire Chief Daniel Jones, Police Chief Ralph Pendergraph, Housing Director Tina Vaughn, Library Director Kathleen Thompson, Personnel Director Patricia Thomas, and Planning Director Roger Waldon.

Item 1 Ceremonies

Mayor Broun presented appreciation plaques to the following retired Town employees:

* James Carver, Fire Captain, 22 years service

* Albert Williams, Fire Captain, 25 years service

* James "Rick" Whitfield, Public Safety Officer, 20 years service

* Mary "Molly" Cameron, Children's Librarian, 26 years service

* Omelia Gardner, Bus Driver, 18 years service

* Eric "Ray" Crabtree, Fire Equipment Operator, 20 years service

Mayor Broun stated that these retired employees represent over 131 years of service to the Town and thanked each of them for their hard work and dedication.

Item 3 Petitions

Jim Protzman spoke in support of a gun buy-back program. A copy of Mr. Protzman's petition is on file in the Clerk's Office.

Council Member Capowski thanked FGI for moving its office downtown. He also acknowledged that Mr. Protzman's firm was concerned about the safety of its employees in the downtown area. Council Member Capowski requested that the Manager report back to the Council on the results of the gun buy-back program. Council Member Powell also asked that the Manager report back to the Council and give ideas to involve others in the buy-back program. Council Member Brown requested a report on the Town costs for implementing the program.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO REFER THE MATTER TO THE MANAGER. THE MOTION PASSED UNANIMOUSLY (7-0).

David McFarling, President of the Durham Pistol and Rifle Club, stated that forty of the Club's one hundred and eighty members were Town residents. Mr. McFarling said his club wanted to supply training and certified instructors to train others in the safe handling and storage of firearms. He also requested that the Town supply a facility large enough to train approximately thirty citizens per class. Mr. McFarling said his organization wanted to make the Town a safer place for its citizens. He said although he was not promoting firearm use, he did want to train persons in their safe usage.

Mark Plasko, also representing the Durham Pistol and Rifle Club, said training consisted of four hours of instruction and practical application, with no shooting involved. He said students were ordered not to bring personal firearms or ammunition to the training class. Mr. Plasko said that each student would be given a certificate and training manual, and would be charged tuition to cover material and training expenses. He briefly reviewed the class outline and objectives.

Council Member Rimer asked whether non-firing guns would be used in training. Mr. McFarling said yes, adding that his organization preferred to use guns which had been confiscated by police and demilled.

Council Member Rimer asked Mr. Karpinos whether it would be legal to have de-milled guns on Town property. Mr. Karpinos said yes, if the guns were truly decommissioned or demilled.

Council Member Powell said it was her understanding that there would be no cost to the Town, and asked Mr. Horton whether this was correct. Mr. Horton answered it would depend on the facility used.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO REFER THE MATTER TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

Joel Harper, Executive Director of the Chapel Hill-Carrboro Chamber of Commerce, stated that the Chamber was considering moving to a new location and the plaza area of the new Rosemary Street Parking Facility would be an ideal location. He stated that the Chamber needed only 2000 sq. ft. of building space for their needs, while the available space was 8000 sq. ft. Mr. Harper asked if other organizations or businesses would be willing to share the space with the Chamber. Mayor Broun asked Mr. Horton to investigate Mr. Harper's request.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER POWER, TO ADD TWO ADDITIONAL TOWN RESIDENTS TO THE NORTHWEST AREA PLANNING GROUP. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

Maxecine Mitchell, a spokesperson for many Public Housing residents, presented a video tape to the Council highlighting some areas that the residents felt needed improvement. She also read a letter from the Residents Council which stated that they wanted to see living conditions improved in public housing units. Ms. Mitchell said in her opinion some housing was unsafe and unsanitary. She said that although the Housing Department made routine inspections, the Town rarely followed through when requests for improvements were made. Ms. Mitchell asked the Council why residents were being forced to living under these conditions. Ms. Mitchell said she had not received a satisfactory response from Town staff to her concerns.

She stated that the Town presented a five-year housing plan three years ago and a new five-year plan was in the planning stage. Ms. Mitchell said the Housing Department staff were not sympathetic to the concerns of public housing residents. She called for the immediate correction of poor housing conditions in order to protect the health and safety of public housing residents.

Chris Bauman, representing an affordable housing group, stated he had attended a vigil in Raleigh for the mother and daughter who died in a City of Raleigh public housing unit. Mr. Bauman said he worked closely with the housekeepers on the UNC campus and they often talked about their housing conditions in the community. Mr. Bauman said action must be taken immediately to improve public housing living conditions. He suggested that the monies being spent on the Town's Bicentennial events be redirected to the community's public housing needs.

Margaret Evans, a public housing resident, said that the residents had to start doing something for themselves. She said the residents may have been able to correct some of the problems talked about this evening by going to the Housing Department and sitting down and talking over their problems with Town staff. Ms. Evans said the residents must take responsibility for themselves and do some of the things they were complaining about. She also asked for the residents to have patience since it took time to solve some of these problems.

Gloria Brittian, a public housing resident, concurred with Ms. Evans. She said residents could not blame the Housing Department for everything.

Patricia Davies said she agreed with Ms. Evans and Ms. Brittian. Ms. Davis stated that she used to live in Trinity Court and the Housing Department was not always to blame for poor living conditions. She stated that public housing maintenance was generally unacceptable. Ms. Davies said she was disappointed with the speed of maintenance work at Trinity Court. She said repairs which were supposed to be done were not being done and the work was taking place too slowly.

Mayor Broun stated that the Council needed a complete report from the Manager on these issues and setting priorities. Mr. Horton responded that the staff would make a report to the Council on October 25th.

Council Member Powell asked whether the report would include the issues discussed this evening. Mr. Horton said yes.

Joanne Shirer, Acting President of the Residents Council, stated that she had another film she wanted the Council to view at a later date. She said it was her opinion that the problems present in the public housing units boiled down to poor management. Ms. Shirer said inspections should have been highlighting these problems and maintenance should have been performed on them before they deteriorated to this point.

Mayor Broun requested that Ms. Shirer provide a copy of the Council in order that the Council could view it prior to the October 25th meeting.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO REFER THE MATTER TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

Council Member Capowski requested that item 13e be moved forward. Mayor Broun said if there were no objections from other Council Members, the Council could take up item 13e after item #4. There were no objections.

Mayor Broun asked Mr. Horton whether the Town was still seeking paying tenants for the old library building. Mr. Horton said yes, noting that an item on this matter would be included on the Council's October 25th agenda.

Council Member Rimer noted that the current Streetscape plan had been reviewed by many interested parties. He added that one of the project's objectives was to keep downtown safety in the forefront. Council Member Rimer said the main issue was to provide better lighting. He suggested renaming the Streetscape plan to Streetsafe since lighting was known to make a significant safety difference. Council Member Rimer said his preliminary information suggested it would cost approximately $7 per pole to provide additional lighting. He requested that staff investigate whether or not this plan was feasible. Council Member Rimer said he felt this was a moderate investment to make the downtown area better lighted.

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

Council Member Capowski stated that at the previous Public-Private Partnership Streetscape meeting it was also suggested that the name be changed to reflect other issues. He also expressed concurrence with Council Member Rimer's points.

Council Member Powell stated that although she believed the name change was a good idea, she was also concerned whether this fit in with the Downtown Commission's plans.

Council Member Rimer responded that he was only suggesting that the Council discuss the name change and examine the lighting situation.

Council Member Powell said she is concerned with lighting needs throughout the Town. She read a letter the Council had received from a Pritchard Avenue resident concerning poor lighting conditions.

Mayor Broun agreed that inadequate lighting was a problem. He asked Mr. Horton to report back to the Council on this matter. Mr. Horton replied that staff could report back on the streetscape item in the near term. He added that a follow-up report on lighting conditions throughout the Town would take a longer period of time.

Council Member Brown said she was also concerned with the lack of street lighting all over Town. She asked how the petition brought by Council Member Rimer fit in with the Streetscape plan. Council Member Brown requested that the staff's follow-up report include information on lighting in the proposed streetscape plan and overlapping of projects. Mr. Horton stated that the biggest difference in the Downtown Streetscape Plan called for all the wiring for lighting to be placed underground. He said this would mean retrofitting lights to the present standards, which means they would ultimately be replaced. Mr. Horton stated that this option would be investigated.

MAYOR BROUN CALLED FOR A VOTE ON THE PREVIOUS MOTION. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

COUNCIL MEMBER POWELL MOVED, SECONDED BY COUNCIL MEMBER RIMER, THAT LIGHTING ALL OVER TOWN BE EVALUATED. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Council Member Brown stated that the Regional Triangle J Forum had recently named new council members. She said of the 25 members, eight were CEOs, only six were women, and seven were elected officials. Council Member Brown said this was not a representative cross-section of citizens. She said this kind of regional Council needed citizen activists, farmers, and others to be truly representative of the area. Council Member Brown requested that Mayor Broun write a letter to the Regional Triangle J Council, expressing these views. Mayor Broun replied he would be happy to write a letter that would express the Council's concerns on the makeup of the Council.

Council Member Werner inquired about the Town's relationship to the group. He asked whether the Town belonged to it and who the group represented. Council Member Rimer replied that the group had no relationship to Triangle J Council of Governments other than the Council of Governments being the original sponsor. Council Member Rimer said the Triangle J COG had initially voted on who should be on the Council and only two or three persons were unanimously selected. He said that afterwards, the committee met with a number of people to decide what their roles should be and then the committee selected the people they wanted to work with. Council Member Rimer stated that Triangle J COG agreed to provide staff resources to answer questions from the Regional Council. He said this was a regional leadership council which attempted to marshal forces of ideas.

Council Member Rimer said the council had no political connection and their function was to communicate with the major governing bodies of the region.

Council Member Werner stated that it was his understanding from Council Member Rimer's comments that they had a quasi-relationship with Triangle J COG, of which the Town is a member. Council Member Werner said he did not get the impression that the goals and objectives coming out of this committee were necessarily the Town's goals and objectives. Council Member Werner said this was an appropriate time for the Town to decide whether it wanted to be a part of this leadership council. Council Member Werner stated that he was not convinced that the Town should be part of the council.

Council Member Rimer said the objective of the group was to come to a consensus on what the region's goals should be, then to bring them to the governing bodies for further discussion. Council Member Werner said if this group was going to formulate the goals of the region, then Council Member Brown's point was well taken. Council Member Brown agreed and said everyone was not necessarily being represented on the leadership council. Mayor Broun said he would like to see a letter written to discuss the group's diversity. Council Member Rimer said he would take these concerns and try to come back at a later time with a written statement explaining the goals and objectives of the leadership council. Mayor Broun requested that Council Members Brown and Rimer work together on this matter.

Mayor Broun stated that he had the privilege and honor of meeting President Clinton at the University's Bicentennial Convocation. Mayor Broun said he had given the President three Town Bicentennial T-shirts for his family and himself to wear when jogging. Mayor Broun added that he had given the President a key to the Town.

Item 4 Boards and Commissions

Mayor Broun noted that there was currently a vacancy on the Appearance Commission.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO NOMINATE ALL APPLICANTS TO THE APPEARANCE COMMISSION. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Mayor Broun stated that there were four applications for five vacant seats on the Personnel Appeals Committee.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO NOMINATE ALL APPLICANTS AND THAT RESOLUTION R-1 BE ADOPTED. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION CONCERNING THE REAPPOINTMENT OF RICHARD DAUGHERTY TO THE PERSONNEL APPEALS COMMITTEE (93-10-13/R-1)

WHEREAS, Richard Daugherty has served two consecutive three-year terms on the Personnel Appeals Committee; and

WHEREAS, the Town Council Procedures Manual specifies that no Council advisory board or commission may be reappointed to the same board or commission following service of two consecutive three-year terms; and

WHEREAS, the Council believes that the Personnel Appeals Committee would benefit from the reappointment of Mr. Daugherty due to his long service and institutional knowledge;

NOW, THEREFORE BE IT RESOLVED that the Town Council hereby makes a one-time exception to its Procedures Manual rules concerning reappointment of members to a third consecutive term of office to allow the consideration of the reappointment of Richard Daugherty to the Personnel Appeals Committee.

This the 13th day of October, 1993.

Mayor Broun stated that Council Member Capowski was currently a representative on the Firefighter Relief Fund committee.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER RIMER, THAT COUNCIL MEMBER CHILTON BE PLACED ON THE FIREFIGHTER RELIEF FUND COMMITTEE BY ACCLAMATION. THE MOTION ADOPTED UNANIMOUSLY (8-0).

Item 13e Acceptance of Gift from the Village Companies

Mr. Horton stated that the Town was grateful for the gift being presented by the Village Companies and Village Foundation. Mr. Horton said the money would be used to pay civilians who, after a reasonable training period, would be supplied with a radio and placed in spots where additional observation was needed. He said they would use radios to call for police assistance. Mr. Horton said this civilian program had already paid off. He said that someone had attempted to steal the Festifall banner, but was observed by a civilian who called the police and the person was apprehended. Mr. Horton said the staff recommended that the Council allow the Town to accept to continue the civilian program on an experimental basis.

Council Member Capowski expressed his thanks to the Village Companies and the Village Foundation for their generous gift.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT RESOLUTION R-10.

Council Member Powell stated her pleasure in receiving the gift and in being a member of the Village Companies Foundation. Ms. Powell said she was especially happy that the Town had received the gift from the Village Companies and Village Foundation. She asked that others in the community follow suit and help by contributing to the fund set up by the Village Companies.

Mayor Broun stated that the Town had already received some personal checks from interested citizens.

RESOLUTION 10 WAS ADOPTED UNANIMOUSLY.

A RESOLUTION ACCEPTING WITH APPRECIATION GRANTS BY THE VILLAGE COMPANIES AND THE VILLAGE COMPANIES FOUNDATION (93-8-23/R-10)

WHEREAS, the Village Advocate and WCHL of the Village Companies have generously offered a grant of $25,000 to the Town of Chapel Hill, and the Village Companies Foundation has offered an additional $5,000 grant; and

WHEREAS, the Police Department is prepared to use these funds to hire civilian security assistants to serve in the downtown area as described in material provided to the Town Council; and

WHEREAS, these grants exemplify the community involvement which is needed to strengthen our downtown and our overall community's quality of life;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby accepts with appreciation the grants offered by the Village Companies and the Village Companies Foundation to support the civilian security assistance program in downtown Chapel Hill.

This the 13th day of October, 1993.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO ADOPT ORDINANCE 7. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

AN ORDINANCE TO AMEND "THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1993 (93-10-13/O-7)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled "An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 1993 as duly adopted on June 28, 1993 be and the same is hereby amended as follows:

ARTICLE I

Current Revised

Budget Increase Decrease Budget

APPROPRIATIONS

GENERAL FUND

Police Dept.

Patrol 2,933,020 30,000 2,963,020

REVENUES

GENERAL FUND

Grants 315,642 30,000 345,642

This the 13th day of October, 1993.

Item #5 Vernon Hills Subdivision

Planning Director Roger Waldon stated this subdivision was a long, narrow piece of land proposed to be divided into sixteen lots. He noted that there had been much discussion at the September public hearing and some changes had been made based on these discussions. Mr. Waldon said a requirement for right-of-way stub-out to the Cheek property to the north had been removed and the three-way stop sign at the intersection of Michaux and Woodhaven was removed since the road was not going to be connected. Mr. Waldon said one additional change concerned flag lots. He said a condition had been added that a note on the plat stated that rear-yard refuse collection might not be available to all lots due to topography. Mr. Waldon said that the staff's recommendation that payment-in-lieu could be made rather than providing recreation space on-site.

Mr. Yewes said he was especially concerned about safety and maintaining the character of the neighborhood.

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

Council Member Rimer stated that this was a rare opportunity to say thank you to the Planning staff. He said staff had really listened and were willing to make changes to their preliminary recommendations.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT RESOLUTION R-2a. THE RESOLUTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION APPROVING AN APPLICATION FOR PRELIMINARY PLAT APPROVAL FOR THE VERNON HILLS SUBDIVISION (93-10-13/R-2a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the subdivision proposed by Robert M. and Judy W. Crook, on property identified as Chapel Hill Township Tax Map 44, Block C, Lot 9, and Chapel Hill Township Tax Map 39A, Block A, Lot 12, if developed according to the Preliminary Plat dated August 11, 1992 (revised May 12, 1993) and the conditions below would comply with the provisions of the Development Ordinance.

This finding is conditioned on the following:

Stipulations Specific to the Development

1. A. That direct vehicular access to Old Oxford Road be prohibited for those lots with Old Oxford Road frontage, and that a note to that effect be included on the final plans and recorded final plat.

B. That the developer provide necessary documentation showing compliance with the recently adopted Steep Slopes Ordinance for land disturbance on slopes greater than 15 percent.

C. That a note be included on the final plans and final plat indicating that curbside refuse collection may be required for lots with steep slopes or long driveways.

D. That the proposed pedestrian connection between Knollwood Road and the unnamed right-of-way be posted with signage at each end to indicate the entrances to the pedestrian connection, and that this pedestrian connection be accommodated within a pedestrian and non-motorized vehicle easement located on the lots rather than located within a separate strip of land.

2. Required Improvements:

A. That the applicant improve Old Oxford Road to one-half of Local Class A street standards with curb and gutter, and without a sidewalk.

B. That the applicant dedicate one-half of a 70 foot public right-of-way along the subject property's Old Oxford Road frontage.

C. That Eastwood Lake Circle be improved to Local Class C standards.

D. That the applicant dedicate a 50 foot public right-of-way along that portion of Eastwood Lake Circle traversing the subject property.

E. That the applicant provide a cul-de-sac, built to Local Class C standards, at the eastern end of the western section of Allard Road and dedicate public right-of-way for the cul-de-sac.

F. That the cul-de-sac proposed for the end of Knollwood Road be built to Local Class C standards for cul-de-sacs and that public right-of-way be dedicated for the cul-de-sac.

G. That the proposed middle cul-de-sac off Michaux Road be built to Local Class A standards and that right-of-way for that cul-de-sac be dedicated.

H. That the applicant post signage at both ends of the existing dirt pedestrian path between the two sections of Allard Road to indicate the entrances to the pedestrian connection.

Stipulations Related to Recreation Area

3. Payment-in-Lieu of Recreation Area: That the developer provide a payment-in-lieu of providing or dedicating the recreation area. The payment amount shall be approved by the Town Manager in accordance with the provisions of the Development Ordinance. The payment shall be made prior to recordation of the final plat.

4. Approval of Trail Signage: That signage be installed in accordance with Town sign regulations at both ends of the Allard Road pedestrian/bicycle path indicating a public trail, and that the Town Manager approve that signage prior to issuance of a Zoning Compliance Permit.

Stipulations Related to State and Federal Government Approvals

5. State or Federal approval(s): That any required State or Federal permits or encroachment agreements be approved and copies of the approved permits and agreements be submitted to the Town of Chapel Hill prior to the issuance of a Zoning Compliance Permit.

6. NCDOT approval: That plans for improvements to state-maintained roads be approved by NCDOT prior to issuance of a Zoning Compliance Permit.

Stipulations Related to Landscape Elements

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

Stipulations Related to Water, Sewer, and other Utilities

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

9. Utility Service Laterals for Preliminary Plat applications: That prior to paving streets, utility service laterals (including cable and telephone) shall be stubbed out to the front property lines of each lot. Sanitary sewer laterals shall be capped off above ground.

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

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

Miscellaneous Stipulations

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

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

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

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

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

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

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

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

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

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

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

BE IT FURTHER RESOLVED that the Council hereby approves the application for Preliminary Plat approval of the Vernon Hills Subdivision in accordance with the plans and conditions listed above.

This the 13th day of October, 1993.

Item 6 East Franklin Car Care

Mr. Horton stated that the staff recommended adoption of Resolution 3a.

Planning Director Waldon stated that the only issue that had arisen at the public hearing was the provision of a canopy. He said the inclusion of a canopy triggered the need to modify setback regulations for the project. Mr. Waldon said the situation was unusual because the street right-of-way was unusually wide. He said staff believed the modification of the setback was reasonable and appropriate and recommended its approval.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO CLOSE THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION R-3a. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

A RESOLUTION APPROVING AN APPLICATION FOR SPECIAL USE PERMIT FOR THE EAST FRANKLIN CAR CARE (SUP-45-C-2) (93-10-13/R-3a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application, proposed by Hakan/Corley Associates, representing Mr. Ronald Ragan, on property identified as Chapel Hill Township Tax Map 45, Block C, Lot 2, if developed according to the site plan dated June 16, 1993, and the conditions listed below, would:

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

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

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

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

BE IT FURTHER RESOLVED that the Council finds, in this particular case, that the following modifications to the regulations satisfy public purposes to an equivalent or greater degree:

1. Modification of Subsection 13.11.3 of the Development Ordinance to allow a deficit of 4,774 square feet of livability space on the zoning lot.

2. Modification of Subsection 13.11.3 of the Development Ordinance to allow a street setback of 5 feet for the overhang of the new canopy.

3. Modification of Subsection 14.12.6 to continue the lack of buffers on the eastern, southern, and western property lines.

4. In the case that NCDOT does not permit the use of adjacent right-of-way for the planting of a buffer and screen along Franklin Street, modification of Subsection 14.12.6 to continue the lack of a buffer on the northern property line and modification of Subsection 14.12.7 to continue the lack of screening of off-street parking.

5. Modification of Subsection 14.12.7 to continue the lack of screening for off-street parking along the eastern property line.

6. Modification of Subsection 14.6.6 to allow shading less than 35% of the parking area surfaces.

7. Modification of Subsection 14.6.6 to continue the lack of a five foot strip of landscaping between the buildings and the pavement.

8. Modification of Subsection 18.7.15 to allow this service station development on a lot less than 20,000 square feet in gross land area.

9. Modification of Subsection 18.7.15 to allow this service station development where the driveways are located less than three hundred (300) feet of any intersecting street, and less than seven hundred fifty (750) feet from driveways intersecting the same street and serving another existing or approved service station.

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for Special Use Permit for the East Franklin Car Care in accordance with the plans listed above and with conditions listed below:

Stipulations Specific to the Development

1. That construction begin by October 11, 1995 and be completed by October 11, 1996.

2. Required Improvements: That a five foot sidewalk, built to Town standards, be provided along the property frontage on East Franklin Street.

3. Dumpster, Type, and Location: That the type, location, and screening of the dumpster be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

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

5. Stormwater Management: That runoff from the site be carefully routed and filtered or treated to remove oil and other pollutants prior to drainage into the stormwater sewer.

6. Standards Specific to Service Stations:

a. That the zoning lot shall front on an arterial or collector street and have direct access thereto.

b. That adequate provision shall be made for ventilation and the dispersion and removal of fumes, and for the removal of hazardous chemicals and fluids.

Stipulations Related to State and Federal Government Approvals

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

Stipulations Related to Landscape Elements

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

Type D buffer (minimum width 30 feet), in the Franklin Street right-of-way, subject to NCDOT approval. The landscaped island between the two curb cuts shall contain at least two shade trees, if sight distances can be maintained, and if NCDOT approves.

9. Landscape Replacement: That if any existing plants are damaged during construction, they shall be replaced in kind prior to issuance of a Zoning Compliance Permit.

Stipulation Related to Building Elevations

10. Building Elevations, Signage, and Canopy Addition Approval: That detailed elevation drawings for the building addition and new canopy, and all signage be approved by the Appearance Commission prior to issuance of the Zoning Compliance Permit.

Stipulations Related to Water, Sewer and Other Utilities

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

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

Miscellaneous Stipulations

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

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

15. Fire and Safety: That the owner consider relocating the fire hydrant to within the public right-of-way to make it more accessible in emergency situations.

16. Sight Triangle: That sight triangles be shown on the final plans, and that the planting plans respect the necessary sight triangles for safe movement in and out of the site.

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

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

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

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

BE IT FURTHER RESOLVED that the Council hereby approves the Special Use Permit for the East Franklin Car Care in accordance with the plans and conditions listed above.

This the 13th day of October, 1993.

Ronald Ragan, the applicant, thanked the Council and his customers for their support.

Item 7 Village Companies Special Use Permit

Mr. Waldon stated that the Village Companies were requesting authorization to expand their campus by adding an additional building and parking. He said staff supported the proposal, because it was reasonable and met Town requirements. Mr. Waldon said one of the issues discussed at the public hearing involved road improvements but additional information had been received since the memo was written.

He said staff's initial recommendation for Weaver Dairy Road was for a one-half of a 75 foot cross section, but the applicant desired one-half of a 68 foot cross section. Mr. Waldon said the Department of Transportation was requiring a nearby developer to provide a 75 foot cross section. He said that the new information was that the Department of Transportation might be somewhat flexible regarding the construction of roadway cross sections. Mr. Waldon said the staff's revised recommendation included this flexibility. Mr. Waldon noted that the applicant had requested that Weaver Dairy Road improvements be made at the same time as other improvements, and that condition #2 had been reworded to reflect this request. He said staff recommended adoption of Resolution 3a.

Mayor Broun inquired about bus shelter and pull off issues. Mr. Waldon said staff was continuing to discuss these issues with DOT officials. He said although he did not believe that a bus pull off was desirable, the applicant would be required to comply with any such State requirement. Mr. Waldon said he hoped that discussions with Department of Transportation staff would be favorable and the applicant would not have to make this improvement. He said staff believed that although a bus shelter might encourage people to use the transit system, it could not be built in State right-of-way.

Mr. Waldon said staff had tried to build in some flexibility and had asked that the Department of Transportation allow the shelter to be placed in the right-of-way.

Council Member Brown also inquired about the possibility of narrower sidewalks and wider bike lanes. Bob Woodruff stated that the bike lane was not part of the roadway cross-section. Mr. Woodruff said he favored inclusion of a four-foot sidewalk which was not included in the 68-foot cross section. He stated that the Department of Transportation had indicated that they would not require bus pull-off, but the matter of shelter placement was still unresolved.

Council Member Werner said since the issue of placing a bus shelter in a right-of-way would come up continually, a permanent resolution was needed. Mr. Horton said this point was well taken. He said it was the Town's desire to have it resolved, but the Department of Transportation had not been receptive to a quick resolution.

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

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO ADOPT RESOLUTION 4A, AS AMENDED. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

A RESOLUTION APPROVING AN APPLICATION FOR SPECIAL USE PERMIT MODIFICATION FOR THE VILLAGE COMPANIES (SUP MOD-17..14A)

(93-10-13/R-4a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit Modification application, proposed by O'Brien/Atkins Associates for the Village Companies, on property identified as Chapel Hill Township Tax Map 17, Lot 14A, if developed according to the site plan dated April 6, 1993, and the conditions listed below, would:

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

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

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

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

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

Stipulations Specific to the Development

1. That construction begin by October 11, 1995 (two years from the date of Council approval) and be completed by October 11, 1996 (three years from the date of Council approval).

2. Required Improvements:

a. That Weaver Dairy Road be improved to at least half of a 68-foot and not more than a 75-foot cross-section, with curb, gutter, 4-foot bikelane, and 5-foot sidewalk along the property frontage. The sidewalk shall include handicap ramps at each curb.

These improvements to Weaver Dairy Road shall be completed prior to issuance of a Certificate of Occupancy for the new building addition and prior to use of the proposed 51 additional parking spaces.

b. That half of a 90-foot right-of-way be dedicated along the Weaver Dairy Road frontage, if this has not already occurred.

c. That a bus stop (shelter, bench, and pad) be provided in the Weaver Dairy Road right-of-way, subject to NCDOT approval. If the shelter is not permitted in the right-of-way, it shall be provided on this lot's Weaver Dairy Road frontage, with an appropriate access easement recorded. In addition to providing an access easement, the owner may dedicate a construction and maintenance easement to the Town.

The shelter must be located outside the sight distance triangle for nearby intersections. The new location for the bus stop shall be reviewed and approved by NCDOT and the Town Manager prior to the issuance of a Zoning Compliance Permit.

If a pull-off lane is required, the developer shall construct this lane, and shall provide additional right-of-way to accommodate the additional lane.

d. That a path or sidewalk be provided along McClamroch Circle from Weaver Dairy Road to the parking lot southeast of the building.

e. That McClamroch Circle be extended eastward and stubbed out at the property line at the time of development of the lot adjacent to the east. At that time, the entry drive to Village Companies shall be adjusted, if necessary, to provide a safe intersection with McClamroch Circle extension.

f. That several parking spaces close to the building entrances be reserved for vanpoolers and carpoolers, with appropriate signage.

g. Bike racks shall be installed close to the building entrance(s).

3. Transportation Management Plan: That a Transportation Management Plan be developed, and that the Town Manager review and approve this plan prior to issuance of a Zoning Compliance Permit. The Transportation Management Plan shall include at least a 30% subsidy of 10 bus passes to employees the first year. The Plan shall be evaluated yearly and revised as necessary to maximize effectiveness.

4. Recombination Plat: That a recombination plat, amending the eastern property line according to Site Plan dated April 6, 1993, and indicating an adjusted property line on the eastern side of this lot shall be recorded in the Orange County Register of Deeds Office prior to issuance of a Zoning Compliance Permit. Sight triangle easements shall be provided on the recombination plat. The termination of the McClamroch Circle right-of-way dedication shall be clearly indicated on this plat.

5. Dumpster: That the dumpster type and location shall be altered if necessary to accommodate Town refuse service vehicles. The revised dumpster type and location shall be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

Stipulations Related to State and Federal Government Approvals

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

Stipulations Related to Landscape Elements

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

Type B buffers (minimum width 10 feet) along the northern and eastern property lines, and along both sides of McClamroch Circle;

Type D buffer (minimum width 30 feet) along the southern property lines (along the Weaver Dairy Road right-of-way); and

Type C buffer (minimum width 20 feet) along the western property line.

Existing vegetation and/or fencing may be used, partially or wholly, to fulfill the buffer planting requirements, where deemed sufficient by the Town Manager.

The Type D buffer along Weaver Dairy Road shall be installed when the Weaver Dairy Road improvements are constructed.

An Alternate Type B buffer may be used for the western half of the northern property line, if approved by the Appearance Commission and the Duke Power Company prior to issuance of a Zoning Compliance Permit.

The Type B buffer along McClamroch Circle shall be installed at the time of parking lot and building expansion.

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

Stipulation Related to Building Elevations

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

Stipulations Related to Water, Sewer and Other Utilities

10. Fire Hydrants: That two triple fire hydrants be located near the building, in locations approved by the Town Manager, and that they be served by an 8-inch water line.

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

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

The water and sewer lines shall be replaced or upgraded by the owner as required by OWASA for adequate water and sewer service, and according to Town standards for fire protection.

Miscellaneous Stipulations

13. Parking Lot Construction: That all parking lots and drive aisles be constructed to Town standards.

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

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

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

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

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

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

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for Special Use Permit Modification for the Village Companies in accordance with the plans and conditions listed above.

This the 13th day of October, 1993.

Item 8 Eastowne 600 Special Use Permit

Mr. Horton stated that the request was to extend the construction time limit to October 13, 1997.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO CLOSE THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO ADOPT RESOLUTION R-5a. THE RESOLUTION WAS ADOPTED UNANIMOUSLY (7-0).

A RESOLUTION APPROVING APPLICATION FOR MODIFICATION OF THE EASTOWNE OFFICE BUILDING 600 SPECIAL USE PERMIT MODIFICATION (SUP MOD 26.17F) (93-10-13/R-5a)

WHEREAS, the Council approved a Special Use Permit Modification for Eastowne Office Building 600 in May 1991; and

WHEREAS, Hakan/Corley and Associates, Inc., representatives of the owner, Edward P. Pizer, et.al., have requested that condition #1 of the Special Use Permit be changed to extend the required starting time and completion time limit; and

WHEREAS, the Council continues to find that the building approved by the Special Use Permit Modification held by Edward P. Pizer, et. al. for Eastowne Office Park Building 600, on property identified as Chapel Hill Township Tax Map 26.17F, dated May 13, 1991:

maintains the public health, safety, and general welfare; and

complies with all required regulations and standards of this chapter, including all applicable provisions of Articles 12, 13, and 14 and the applicable specific standards contained in Sections 18.7 and 18.8 and with all other applicable regulations;

with the exception that the proposal does not comply with Subsection 14.12.3 of the Development Ordinance by not providing a standard Type B buffer between Buildings 600 and 700

maintains or enhances the value of contiguous property; and

conforms to the Comprehensive Plan;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves a modification of the Special Use Permit Modification as follows:

Change Condition #1 from:

"That construction begin by May 13, 1991 (one year from the date of approval) and be completed by May 13, 1993 (two years from the date of approval)."

to:

"That construction begin by October 13, 1995 (two years from the date of approval) and be completed by October 13, 1997 (four years from the date of approval.)

This the 13th day of October, 1993.

Item 9 Increase of Law Enforcement Efforts and

Separation of Police and Fire Departments

Mr. Horton stated that the proposal was to return to traditional Police and Fire Departments and eliminate the Town's existing public safety system. He said the Council was being asked to completely dissolve the public safety system this evening. Mr. Horton said the proposed modification would allow the Town to place four more policemen on the downtown patrol immediately. He stated that the Town had experienced a significant increase in crime, particularly robbery and aggravated assaults in the downtown area. Mr. Horton also said the police had taken measures to respond to calls, including allowing for additional overtime hours to be assigned in the downtown area. He noted that civilians were being used to supplement police patrols.

Mr. Horton said the Town had received excellent assistance from the Town of Carrboro and University Police regarding interagency drug enforcement efforts. He added that UNC police provided additional officers downtown when there were planned or spontaneous events. Mr. Horton also noted that the University provided backup assistance to Town police officers at night. He stated that UNC Police would take full responsibility for calls on campus in the near future. Mr. Horton said the University Police had already taken responsibility for traffic and security on campus.

Mr. Horton said the Town needed to add personnel so that officers currently rotating through the Fire Department could be released to spend time on Police matters. He said this would involve hiring ten new firefighters, which would be funded through tax collections, which were anticipated to be approximately $100,000 more than originally projected and the use of Powell Bill and other funds. Mr. Horton said he believed that the proposal could be paid for without serious consequences. He stated that Chief Pendergraph and Chief Jones were present to respond to any questions from the Council.

Chief Pendergraph said the plan would be to add the additional officers to the supplementary squad which enabled the Town to put officers where they were needed, mainly in the downtown area. Chief Pendergraph said it was desirable to maintain a mix between uniform and non-uniform presence downtown. Mayor Broun asked whether four individuals would be transferred from Public Safety to Police. Mr. Horton responded that a total of ten positions were involved. He noted that there were currently four Public Safety Officers on duty in the Fire Department.

Council Member Brown inquired why the total was increased from six to ten. Mr. Horton responded that the purpose was to put more police officers in the Police Department. Council Member Rimer asked whether this was a net increase of four from the previous proposal. Mr. Horton responded that this was correct.

Council Member Brown requested additional information on areas where crime had increased, other than the downtown area. Chief Pendergraph said the Town was still experiencing problems in residential neighborhoods on the west side of town, mainly drug-related, but he thought this problem had subsided somewhat due to increased police presence. He said some armed robberies had occurred on the east side of Town in the area bounded by Franklin Street and Fordham Boulevard. Chief Pendergraph said he felt that this plan would allow staff to put additional emphasis on these areas as well as the downtown area.

Council Member Powell inquired about the scope of the downtown area. Chief Pendergraph said the general area was between Henderson Street to the Carrboro Town limits, including the surrounding neighborhoods.

Council Member Werner said one of the principal ways for financing the Police patrols was the use of sales tax revenues. He suggested that the Council examine this situation in greater detail in the future. Council Member Rimer said he was interested in this same matter, but decided that if the Town did not depend on an increase in sales taxes, real property tax increases might be adequate.

Council Member Werner said he was glad the Town was in a position to respond quickly to the situation.

Kenneth Rudo asked the Council to consider a proposal to increase funding and explore other funding sources for Police patrols. Mr. Rudo suggested that the Council consider an immediate one percent reduction in Town departmental budgets, excluding the Police and Fire Departments. Mr. Rudo's second suggestion was an impact tax on development, with the funds being used to supplement Police and Fire department budgets. His third proposal was that after a two-year period, additional Police and Fire funding could come from additional sales tax revenues. Mr. Rudo also suggested maintaining the budget as additional officers were added. He also suggested changing from rear-yard to front-yard refuse collection immediately for additional savings. Mr. Rudo requested that the Council consider his proposals and research their validity.

Council Member Brown said she believed that some federal funds had recently been made available, and asked whether there were others available funding sources. Mr. Horton responded that an application was presently being prepared for a federal grant. He added that the Town had been fortunate that the economy had been strong enough to avoid laying off officers. He said although these federal funds would probably be used for those areas where layoffs occurred, the Town intended to apply for available funding.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO ADOPT ORDINANCE O-1. THE ORDINANCE WAS ADOPTED UNANIMOUSLY (7-0).

AN ORDINANCE TO AMEND "THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1993"

(93-10-13/O-1)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled "An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 1993" as duly adopted on June 28, 1993 be and the same is hereby amended as follows:

ARTICLE I

Current Revised

Budget Increase Decrease Budget

APPROPRIATIONS

GENERAL FUND

Police Patrol $ 2,933,020 $46,600 $2,886,420

Fire Suppression $ 1,766,877 $218,600 $1,985,477

REVENUES

GENERAL FUND

State-Shared

Revenues $ 7,115,235 $122,000 $7,237,235

Property Taxes $10,746,000 $ 50,000 $10,796,000

This the 13th day of October, 1993.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO

ADOPT ORDINANCE O-2. THE ORDINANCE WAS ADOPTED UNANIMOUSLY (7-0).

AN ORDINANCE AMENDING THE POSITION CLASSIFICATION AND PAY PLAN (93-10-13/O-2)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Council hereby amends "The Ordinance Establishing a Position Classification and Pay Plan and Longevity Plan for Employees of the Town of Chapel Hill and Bonds of Officials beginning September 1, 1993.

In Section IV, part C, in the Public Safety section, DELETE the lines

Full-Time Part-Time Grade

No. Hrs. No. Hrs.

Mstr.Officer/Pub.Saf.Offr.** 60 40;42/56** -- -- 21-23

Fire Equipment Operator*** 21 56 -- -- 21

**The hours of Public Safety Officers and Master Officers assigned to Public Safety are 42 per week when performing Police duties; 56 when rotating through the Fire Department.

***Vacant positions may be filled at a lower grade as Firefighter or Police Officer.

and ADD the lines

Full-Time Part-Time Grade

No. Hrs. No. Hrs.

Mstr.Officer/Pub.Saf.Offr.** 58 40/42 -- -- 20-24

Fire Equipment Operator*** 33 56 -- -- 18-21

**Vacant Master Officer or Public Safety Officer positions may be filled at a lower grade as Police Officer.

***Vacant Fire Equipment Operator positions may be filled at a lower grade as Firefighter positions.

This the 13th day of October, 1993.

Item 10 FCC Rules on Cable Rates

Assistant to the Manager Greg Feller briefly summarized the staff's memorandum and recommendations. He said the Town was only authorized to regulate basic equipment and service and the Federal Communications Commission had reserved the right to regulate rates, with the exception of pay channels, which were exempt from current statutes.

Council Member Rimer asked how the Town would respond to the question of the five percent franchise fee and what it encompassed. Mr. Feller responded that the ordinance stated "to the extent allowed by law." He said the Town's cable television consultant recommended this language in case there was a future change in the law.

Council Member Capowski asked if it was correct that the franchise fee the Town receives was 5% and whether this was the maximum permitted.

Mr. Feller responded yes. Council Member Capowski inquired about the Town's rate review abilities relative to converter boxes. Mr. Feller said the Town could review charges to see whether they were appropriate.

Council Member Capowski said the Town did not have complete freedom to regulate franchise, converter box and other fees. Mr. Feller said the Town did not have complete freedom in this regard since there was a standard federal formula for setting fees.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT ORDINANCE 3. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

AN ORDINANCE GOVERNING THE PROCEDURES AND STANDARDS FOR THE REGULATION OF CABLE TELEVISION RATES PURSUANT TO THE RULES OF THE FEDERAL COMMUNICATIONS COMMISSION AND THE CABLE TELEVISION CONSUMER PROTECTION AND COMPETITION ACT OF 1992 (93-10-13/O-3)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Council amends Chapter 10 of the Town Code by adding a new Article V A as follows:

SECTION 10-94. Background and Purpose.

A. On the 19th day of November, 1979, the Town Council of Chapel Hill, North Carolina ("Council") passed and adopted Ordinance No. 79-O-66 granting to Village Cable Inc. the nonexclusive right to construct, own, and operate a cable television system in the Town. The franchise is now held by Time Warner Cable, L.P. ("Grantee").

B. The Cable Television Consumer Protection and Competition Act of 1992 ("1992 Cable Act") was enacted on October 5, 1992, and became effective on December 4, 1992. The 1992 Cable Act amends the Cable Communications Policy Act of 1984 and, in particular, Section 623 (47 U.S.C. 543) governing the regulation of rates charged by cable television operators.

C. On April 1, 1993, the Federal Communications Commission ("FCC") adopted rate regulations pursuant to the 1992 Cable Act. These FCC rate regulations were released May 3, 1993, and became effective September 1, 1993.

D. Pursuant to 47 C.F.R. Part 76.900, Subpart N, Section 76.910, on the 1st day of September, 1993, the Town submitted FCC Form 328--Certification for Local Franchising Authorities--to the FCC via Registered Mail, Return Receipt Requested. Pursuant to Section 76.910, the date on the return receipt, September 3, 1993, is to be considered the date filed. A copy of FCC Form 328 was also served on Grantee on September 1, 1993, the same day it was submitted to the FCC.

E. Pursuant to Section 76.910, the Town's certification becomes effective 30 days after the date filed.

F. In adopting this Ordinance, the Town reviewed applicable FCC regulations governing the basic service tier and provided a reasonable opportunity for consideration of the views of interested parties.

G. This Ordinance will govern the procedures to be undertaken by the Town for the regulation of Grantee's cable television rates pursuant to the 1992 Cable Act and the regulations of the FCC.

SECTION 10-95. Full Regulatory Power Reserved. All rates and charges for basic cable service and any other cable programming services, as defined by the 1992 Cable Act and applicable FCC regulations, shall, to the extent permissible, be subject to regulation by the Town in a manner provided by this Ordinance. This Ordinance shall apply to all cable television system operators in the Town. The Grantee and/or any other operator of a cable television system operating in the Town shall be subject to the rate regulation provisions provided for herein, and those of the FCC at 47 C.F.R., Part 76.900, Subpart N.

The Town reserves the right to amend this Ordinance from time to time consistent with the requirements of the FCC, and state and federal law.

SECTION 10-96. Procedures For Implementing Regulation of Basic Cable Service.

A. The Council hereby adopts and shall follow the rules relating to cable rate regulation promulgated by the FCC at 47 C.F.R., Part 76.900, Subpart N.

B. Upon adoption of this Ordinance, the Town Manager will send to Grantee and each operator of a cable television system in the Town, via Certified Mail, Return Receipt Requested, a written notice, which shall include a copy of this Ordinance and the completed FCC Form 328.

C. Within thirty (30) days after receipt of the notice referenced in Section 3.B, Grantee and any other cable television operator shall have thirty (30) days to respond with rate and benchmark information utilizing FCC Form 393--Determination of Maximum Initial Permitted Rates For Regulated Cable Services and Actual Cost of Equipment.

1. If the initial rates and/or any subsequent rate increases are within the FCC standards, the rates will be effective thirty (30) days after submission.

2. If the Council is unable to determine whether the rate in issue is within the FCC's standards, based on the material before it, or if the Grantee or any other cable operator has submitted a cost-of-service showing seeking to justify a rate above the FCC's reasonable rate level, the Town may take an additional period of time to make a final determination and toll the effective date of the proposed rates for a commensurate period.

a. The Council may take an additional 90 days if it needs more time to ensure that a rate is within the FCC's rate standards.

b. The Council may take an additional 150 days to evaluate a cost-of-service showing seeking to justify a rate above the reasonable rate level.

c. The Council must issue a brief written decision regarding its invocation of the additional time period.

3. If no action is taken within the above referenced time periods, the proposed rates will go into effect, subject to subsequent refund orders if the Council later issues a decision disapproving any portion of the proposed rates.

4. In all cases, the Council will issue a written decision to approve the rate scheduled, disapprove the rate schedule or continue for review.

5. If rates are in excess of the FCC's standards, the rates may be reduced by the Town pursuant to applicable FCC regulations.

D. After the initial rate schedule procedures are followed, as described in this Section, Grantee and/or any other cable operator shall, in conjunction with each change in the rates and charges applicable to basic cable service, conform to the standards of the FCC. Before any rate change is effective, Grantee and/or any other cable operator shall notify the Town Manager of its requested rate change by giving the Town Manager thirty (30) days advance written notice before the change is effective and by providing the Town with its rates and applicable information pursuant to FCC regulations.

E. To the extent specifically permitted by federal law and applicable FCC rules, Grantee and/or any other cable operator shall be permitted to appeal to the FCC for a review of the decision of the Town.

SECTION 10-97. Consultant and Costs.

A. The Town may utilize a rate consultant to advise it on proposed rate changes and to assist it in the procedures and the standards for review adopted by the FCC. A rate consultant may be any person who has sufficient background and experience, in the sole opinion of the Town, to properly evaluate and analyze rates and charges.

B. All costs for the review of initial rates or rate changes shall be paid by the cable operator upon demand of the Town, unless contrary to applicable rules of the FCC governing these procedures or unless otherwise specifically preempted by state or federal law. The costs shall include, but not be limited to, rate consultants, attorney's fees and the reasonable value of services (as determined by the Town) rendered by the Town or any Town employees, agents or representatives of the Town.

SECTION 10-98. Application of the Requirements of the Ordinance.

The requirements described in this Ordinance are applicable to the Grantee and all operators of cable television systems within the Town subject to rate regulation according to the 1992 Cable Act and applicable FCC rules.

This the 13th day of October, 1993. First reading.

This item will come before the Council for a second reading on October 25th.

Item 11 Transportation Improvements Program

Mr. Horton recommended that the Council refer the proposed priority list to the Town's Transportation Board for their October 29th meeting and the Bicycle Advisory Committee for review of the bicycle element at its October 14th meeting. Mr. Horton said he would report back to the Council on November 8th. He added that if the Council wishes to hold a special public hearing, November 16th was a possible meeting date, but since the Council meeting schedule was already heavy, he suggested holding the hearing on November 8th.

Council Member Brown said she did not believe the Council had ever voted on the Transportation Improvements Program, although there was a priority list. She requested an opportunity to vote against the TIP as proposed by the North Carolina Department of Transportation.

Mr. Horton said the Council had voted on the Transportation Advisory Committee (TAC) recommendations which were sent to the Department of Transportation. He said there had been a series of negotiations between the State and the TAC which resulted in an agreement on key issues. Mr. Horton said the Council then moved forward with its own recommended priority listing.

Mayor Broun said he did not know whether a separate reapproval was built into the Council's priority listing process.

Mayor Broun said he did not think it would be feasible for each municipality to have a separate vote on the TAC, since this might make the process unwieldy. Mayor Broun said he believed the Town should forward its recommendations to the TAC and then let the TAC make their priority listing and argue with the DOT at this point. Mayor Broun noted that in the past he had declined to approve the Department of Transportation's proposed TIP because of certain language and proposed projects. Mayor Broun said he would continue to deal with these matters.

Council Member Brown inquired how the Council's priorities, such as the widening of two-lane roadways, could be addressed. Mayor Broun said this could be done by making clear statements in the Town's TIP priority listing which was forwarded to the TAC.

Council Member Brown asked whether the Town could be assured that its priority list was submitted exactly the way the Town had submitted it.

Mayor Broun said the Council could insist that the priorities stay in order, but could not be certain that the Town's priorities would come out ahead of those of other municipalities. He said there was a problem with the State adding projects which were not on anyone's priority list. Mayor Broun said the Transportation Advisory Committee had to deal with matters of this type. He said some of the projects in the Transportation Improvements Program were for feasibility studies only, without any indications that these projects would ever be approved.

Mr. Horton said on occasion there had been some problems with items being adopted by the TAC in a manner different from the Council's original proposals.

Council Member Werner said the Council had to have some trust in its TAC representative, Mayor Broun.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT RESOLUTION R-6.1. THE RESOLUTION WAS ADOPTED UNANIMOUSLY (7-0).

A RESOLUTION SETTING PROCESS FOR COMMENTING ON THE DRAFT 1995-2001 NORTH CAROLINA TRANSPORTATION IMPROVEMENT PROGRAM (93-10-13/R-6.1)

WHEREAS, the North Carolina Department of Transportation has prepared a draft 1995-2001 Transportation Improvement Program; and

WHEREAS, the process for commenting on the draft program involves receiving public input and preparing recommendations to the regional Transportation Advisory Committee;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that this item be placed on the Council's November 8, 1993 regular business meeting agenda for discussion and to hear public comment.

This the 13th day of October, 1993.

Item 12a Status Report on Solid Waste Reduction Committee

Council Member Brown gave a brief report from the Solid Waste Reduction Committee. David Laudicina gave a brief description of the Committee's activities. He said the Committee wanted to expand its membership to represent a more diverse cross-section of the community. Mr. Laudicina said the resolution before the Council this evening would extend the life of the landfill to its maximum by banning corrugated cardboard.

Council Member Capowski inquired about the response of the business community. He also inquired about the cost of the proposal. Council Member Brown responded that cost information was not yet available.

Council Member Capowski said although he wanted to help extend the life of the landfill, he did not want to place a burden on small business. He suggested that small business representatives address the proposal prior to its adoption. Mr. Horton said staff could invite the Chamber of Commerce to speak on this issue and publicize it so that interested business community representatives could address the proposal. Council Member Brown said she believed it would be possible to get additional cost information. Council Member Rimer noted the importance of conducting thorough research on the proposal.

Mr. Horton said one problem might be receiving information from the Town of Carrboro and Orange County since the Landfill Owners Group, which represented the three owners, had not yet considered the issue.

Council Member Rimer agreed that small businesses need to be considered, and a study needed to be done.

Council Member Brown suggested that small businesses, including those at University Mall, be contacted.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO REFER THE MATTER TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

Item 12b Shaping Orange County's Future

Council Member Brown said the conference had recently been held to discuss growth management in Orange County. She said the group's Steering Committee wanted to design a process to look at ways to formulate a comprehensive growth strategy for the County. Council Member Brown said the Steering Committee would report back to the Council in December with its recommendations. She said it would actually formalize the entire process and allow the Steering Committee to disband once its recommendations were formulated. Council Member Brown asked that the Council allow the Committee to move forward with this plan.

Council Member Werner suggested that the Council discuss the matter in greater detail prior to its approval.

Council Member Brown said the proposed resolution would simply allow the Committee to formulate a process which would have to be approved by each of the governing bodies.

Council Member Werner said this was not a new idea. He said the Council had spent a lot of time doing joint planning which resulted in the creation of the rural buffer and other objectives. Council Member Werner said he thought the Council might want to review what had been done historically and what the results had been. He suggested that the Council might want to review the status of the joint planning agreement between Carrboro and the County before this process was established.

Council Member Brown said she felt it was necessary to move forward with this plan and include the entire County.

Council Member Capowski said the Town currently had a joint planning agreement with the other municipalities. He asked Mr. Waldon to comment on infrastructure currently in place. Mr. Horton responded that there was a process in place whereby joint meetings were periodically held with the other municipalities in order to discuss joint concerns.

Mayor Broun said this process dealt with a plan rather than a specific process. Mayor Broun said he thought this was just developing a process and the committee would come back to the Council with a recommendation which could be reviewed in depth by all local government units. Mayor Broun said if the Council did not like the proposed process, it could be rejected.

Council Member Rimer said it seemed that this was only looking at a process, not a structure. He said this was a rare opportunity to seize the moment and do something positive to move ahead.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT RESOLUTION R-7. THE RESOLUTION WAS ADOPTED BY A VOTE OF 6-1, WITH COUNCIL MEMBER WERNER VOTING NAY.

A RESOLUTION CHARGING THE SHAPING ORANGE COUNTY'S FUTURE CONFERENCE STEERING COMMITTEE WITH THE DESIGN OF A PROCESS FOR A COMPREHENSIVE QUALITY GROWTH STRATEGY FOR THE TOWNS OF CARRBORO, CHAPEL HILL AND HILLSBOROUGH AND ORANGE COUNTY (93-10-13/R-7)

WHEREAS, a Steering Committee comprised of representatives from the Towns of Carrboro, Chapel Hill and Hillsborough and Orange County was formed to begin a dialogue on growth management issues of importance to all of Orange County; and

WHEREAS, the Shaping Orange County's Future conference was held on September 30, 1993 to address issues the County and the municipalities might consider in planning for the future; and

WHEREAS, as a result of the discussions at the Shaping Orange County's Future conference, the potential of a comprehensive quality growth strategy was identified; and

WHEREAS, the need to include the principle of community building is important to the development of a comprehensive quality growth strategy; and

WHEREAS, the Towns of Carrboro, Chapel Hill and Hillsborough and Orange County should all have a role in the development of a community building and comprehensive quality growth strategy.

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

Section 1. The Shaping Orange County's Future Steering Committee should continue its work in order to design a process for developing a community building and comprehensive quality growth strategy for Orange County and the municipalities.

Section 2. The Steering Committee should complete the design of this process by target date of December 1, 1993. Following the completion of their report, the Steering Committee or their designated representative will report to the elected boards of the Towns of Carrboro, Chapel Hill and Hillsborough and Orange County.

Section 3. The community building and comprehensive quality growth management strategy which results from this process could be used as a basis for creating a community building and comprehensive quality growth strategy for the region.

Section 4. This resolution shall become effective upon adoption.

This the 13th day of October, 1993.

Item 12c Follow-up of Stormwater Management Committee

Council Member Werner said the Stormwater Management Committee had brought a report to the Council in June and asked for guidance concerning stormwater management quality. He noted that the Council had previously approved funds and the Committee was moving forward. Council Member Werner said State Biologist Mr. Pinrole had examined nine area stream locations, including Morgan Creek all the way down to south of Town. Council Member Werner said upstream areas had tested best, while other streams had been rated good or fair.

Council Member Werner stated that the study's most disturbing finding was the meeting of the waters at Laurel Hill Road had only been rated as fair. Council Member Werner said UNC Hospitals and Kenan Stadium drain into this stream. He noted that additional chemical sampling could pin specific causes of degradation. Council Member Werner stated that the Design Council had set up several meetings to talk about regional detention basins. He noted that the Council had not found these to be particularly attractive in the past. Council Member Werner said representatives from the University, Town of Carrboro and Orange County had all expressed an interest in the use of regional detention basins.

Council Member Werner said he was requesting that the Council formally ask Orange County and the Town of Carrboro to participate with the Town's Stormwater Management Committee. He said another important issue was getting the University to actively participate and adopt the same kinds of controls required by the State. Council Member Werner said this matter should be brought up at the next Consultation and Coordination Committee (CCC) meeting.

Council Member Brown inquired whether the Committee was proposing the damming of streams. Council Member Werner said no. Council Member Werner said he would be happy to provide the Council with more detailed information on the Committee's specific proposals.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT RESOLUTION R-8. MAYOR BROUN ASKED FOR A FRIENDLY AMENDMENT TO INCLUDE UNC HOSPITALS AND UNC IN THE RESOLUTION. THE RESOLUTION WAS ADOPTED WITH THE FRIENDLY AMENDMENT UNANIMOUSLY (7-0).

A RESOLUTION REQUESTING PARTICIPATION BY REPRESENTATIVES FROM ORANGE COUNTY, THE TOWN OF CARRBORO, UNC AND UNC HOSPITALS ON THE CHAPEL HILL STORMWATER MANAGEMENT COMMITTEE (93-10-13/R-8)

WHEREAS, the Town of Chapel Hill has organized a Stormwater Management Committee to study issues relating to drainage and water quality issues; and

WHEREAS, recommendations developed by the Committee may impact and/or require the cooperation of Orange County, the Town of Carrboro, the University of North Carolina and UNC Hospitals; and

WHEREAS, the Chapel Hill Town Council realizes the importance of multi-jurisdictional cooperation and communication regarding stormwater management issues;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that representatives from Orange County, the Town of Carrboro, the University of North Carolina and UNC Hospitals are herewith requested to participate on the Chapel Hill Stormwater Management Committee.

This the 13th day of October, 1993.

Item 13 Consent Agenda

Council Member Capowski requested that item b be removed for discussion. Council Member Brown requested that item c be removed for discussion.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT ITEMS A, D, AND F ON THE CONSENT AGENDA. THE MOTION PASSED UNANIMOUSLY.

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES

(93-10-13/R-9)

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 September 7, 8 and 13.

b. Authorizing use of wheel locks (O-4).

c. Public housing grant project ordinance (O-5).

d. Transportation grant project ordinance (O-6).

e. Accepting gift from the Village Companies and the Village Foundation (R-10, O-7).

f. Formalizing relationship with Sister Cities Program

(R-11).

This the 13th day of October, 1993.

AN ORDINANCE TO ADOPT GRANT PROJECT ORDINANCES FOR TRANSIT PROJECTS (93‑10‑13/O-6)

BE IT ORDAINED by the Council of the Town of Chapel Hill that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following grant project ordinance is hereby adopted:

SECTION I

The project authorized is a Transit Capital Grant from 1993 federal funds from an agreement with the N.C. Department of Transportation, more specifically known as Project 93‑03‑002. The project provides funds for transit capital activities.

SECTION II

The Manager of the Town of Chapel Hill is hereby directed to proceed with the implementation of the project within the terms of the grant agreements executed with the Federal Transit Administration and the N.C. Department of Transportation within the funds appropriated herein.

SECTION III

The following revenue is anticipated to be available to the Town to complete activities as outlined in the project application.

Section 3

Federal Transit Administration (FTA) $ 998,400

N.C. Department of Transportation (NCDOT) 124,800

Town of Chapel Hill (local match) 124,800

──────────

TOTAL $1,248,000

══════════

SECTION IV

The following amounts are appropriated for the project:

Capital Equipment $ 255,000

Construction of 15‑501 Park/Ride Lot 605,000

Land Acquisition 325,000

Engineering and Design 63,000

──────────

TOTAL $1,248,000

══════════

SECTION V

The Manager is directed to report annually on the financial status of the project in an informational section to be included in the Annual Report. He shall also keep the Council informed of any unusual occurrences.

SECTION VI

Copies of this project ordinance shall be entered into the minutes of the Council and copies shall be filed within 5 days of adoption with the Manager, Finance Director and Town Clerk.

This the 13th day of October, 1993.

A RESOLUTION REGARDING THE SISTER CITIES PROGRAM (93-10-13/R-11)

WHEREAS, the Council of the Town of Chapel Hill recognizes

the community value of the Chapel Hill-Carrboro Sister Cities Program; and

WHEREAS, the Sister Cities Program has established formal relationships and a number of visits and cultural exchanges with San Jorge, Nicaragua and Saratov, Russia; and

WHEREAS, the Sister Cities Program has evolved into Chapel Hill-Carrboro Sister Cities, Inc. with a Board of Directors and standing committees.

NOW, THEREFORE, BE IT RESOLVED, that the Council recommends the following agreement between the Town and Chapel Hill-Carrboro Sister Cities, Inc.:

1. The Town of Chapel Hill agrees to continue to pay the annual dues (now $400) to Sister Cities International;

2. The Mayor will designate a Council Member to serve a three-year term on the Chapel Hill-Carrboro Sister Cities, Inc. Board;

3. The Sister Cities Board, committees, sub-committees and general public meetings may be held at Town Hall through prior arrangements with the Town Clerk's Office.

4. Minutes of Board, committees' and sub-committees' meetings may be copied and mailed from Town Hall, using the Town's postage meter. In the infrequent event of large recruitment, fund raising or membership mailings, Sister Cities may use the Parks and Recreation Department's bulk mailing permit and reimburse the Town for the cost.

This the 13th day of October, 1993.

Council Member Capowski inquired about anticipated costs associated with the use of the Denver Boot. Mr. Horton said the Town had no experience in this regard.

Council Member Rimer inquired about the cost to a citizen if their car were removed for repeated parking violations. Mr. Horton said this information was not yet readily available. Council Member Rimer stated that a fixed rate should be set in the future. Mr. Horton agreed that this could be done after the Town had some experience concerning program operating costs.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT ORDINANCE O-4. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

AN ORDINANCE AUTHORIZING THE USE OF WHEEL LOCKS FOR PARKING ORDINANCE ENFORCEMENT PURPOSES (93‑10‑13/O-4)

BE IT ORDAINED by the Council of the Town of Chapel that the Council hereby amends the Town Code as follows:

SECTION 1. ADD THE FOLLOWING ARTICLE TO CHAPTER 21

"ARTICLE IIIB. USE OF WHEEL LOCKS

Sec. 21-18.8. Use of wheel locks on vehicles with unpaid and outstanding parking penalties.

The Council authorizes the Manager or the Manager's designees to use wheel locks to immobilize vehicles which are parked illegally and for which there are four or more unpaid and outstanding overdue Town parking citations.

Section 21‑18.9 Notice to operators of immobilized vehicles.

(a) When the Town immobilizes a vehicle, the Town will affix at a conspicuous location on the immobilized vehicle a notice stating the reason for the immobilization based on the current violation and the outstanding parking violations with the Town. This notice will outline the procedures that the owner may take to have the wheel lock removed and pay the fees for the removal of the wheel lock device and any such outstanding violations as appropriate. Procedures for appealing the current violation and/or the immobilization will also be described.

(b) If thirty-six hours have passed following the application of a wheel lock and the owner or operator has not contacted the Town to arrange for removal of the locking device, the Town will arrange for the towing of the vehicle. Additionally a notice will be sent by certified mail to the owner of the vehicle setting forth the procedures by which the vehicle may be reclaimed. If a vehicle is towed under this section, the owner shall be responsible for both the immobilization and removal fees as well as any applicable storage fees.

Sec. 21-18.10 Charge for Removal of Wheel Lock.

Any vehicle which is immobilized by the attachment of a wheel lock shall be assessed a $30.00 charge in addition to the penalty charged for the violation for which the wheel lock was attached to said vehicle.

Section 21‑18.11 Appeals.

(a) If a vehicle is immobilized under this ordinance, the owner of a vehicle, or the owner's representative who believes that the current violation and/or the immobilization is improper may appeal either or both of these actions by posting a $30.00 bond to have the wheel lock removed and by requesting a hearing before the Town's Parking Appeals Officer.

(b) The procedure for such appeals shall be the same as that described in Section 21‑18.4 of Article IIIA, except that where reference is made to cars impounded in that Section it shall also include cars immobilized with a wheel lock device."

SECTION 2. This ordinance shall be effective November 1, 1993.

This the 13th day of October 1993.

Council Member Brown asked whether funding of this project would be effected by any other items discussed this evening. Mr. Horton said no.

COUNCIL MEMBER POWELL MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO ADOPT ORDINANCE O-5. THE MOTION WAS ADOPTED UNANIMOUSLY.

AN ORDINANCE TO ESTABLISH COMPREHENSIVE GRANT PROGRAM (CGP) PROJECT ORDINANCE (93-10-13/O-5)

BE IT ORDAINED by the Council of the Town of Chapel Hill that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following project ordinance is hereby:

SECTION I

The projects authorized are the Comprehensive Grant Program (CGP) projects as approved by the Council on May 24, 1993: funds are as contained in the Amendment to Consolidated Annual Contributions Contract between the Town and the U.S. Department of Housing and Urban Development (HUD) dated August 23, 1993.

SECTION II

The Manager of the Town of Chapel Hill is hereby directed to proceed with the project with the terms of the contract document(s), the Rules and Regulations of the U.S. Department of Housing and Urban Development, and budget contained herein.

SECTION III

The following revenue is available to complete the project:

Comprehensive Grant program $433,477

SECTION IV

The following amounts are appropriated for the project as follows:

Management improvements $ 37,100

Administrative 24,957

Fees and Costs 48,190

Site Improvements 13,100

Dwelling Structures 272,120

Non-Dwelling Equipment 7,000

Relocation Costs 31,000

Total $433,477

SECTION V

The Finance Director is hereby directed to maintain within the Project Fund sufficient specific detailed accounting records to provide the accounting to HUD as required by the agreement(s) and federal regulations.

SECTION VI

Funds may be advanced from the General Funds for the purpose of making payments as due. Reimbursement requests should be made to HUD in an orderly and timely manner.

SECTION VII

The Manager is directed to report annually on the financial status of each project in Section IV and on the total revenues received.

This the 13th day of October, 1993.

Item 14 Information Reports

Council Member Brown said the report on the development moratorium by Mr. Karpinos was very helpful.

Council Member Capowski asked whether it was conceivable that decisions concerning street cut-throughs would be approved by an advisory board rather than the Council. Mr. Waldon said no.

There was no need for an Executive Session. The meeting concluded at 10:30 p.m.