MINUTES OF A REGULAR MEETING OF THE CHAPEL HILL TOWN COUNCIL

MONDAY, JANUARY 25, 1994 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 (arrived at 8:00), Mark Chilton, Pat Evans, Lee Pavao, Barbara Powell, James Protzman and Rosemary Waldorf. Also in attendance were Town Manager Cal Horton, Assistant Town Manager Sonna Loewenthal, Planning Director Roger Waldon, Assistant to the Manager Greg Feller and Town Attorney Ralph Karpinos.

Item 1 Ceremony

Mayor Broun recognized three retired Town employees having a total of 47 years of service to the community. The employees recognized were: John Farrish (eleven years with the Transportation Department), James Hollowell (twenty‑four years with the Fire Department) and Lois Magnell (twelve years with the Transportation Department). Ms. Magnell was unable to attend due to illness. Mayor Broun, speaking on behalf of the Council, said the efforts of the three employees were very much appreciated.

Item 3 Petitions

There were no petitions from citizens.

Council Member Brown requested that the Council appointed an alternate representative to the North Carolina Public Transit Coalition. Mayor Broun said the matter would be considered at the next regular Council meeting.

Mr. Horton requested that Resolution 9 in consent agenda item #12b be amended to include the following language: "and including any revisions proposed by Orange County prior to March 2nd". There were no objections to the request.

Item 4 Boards and Commissions

Mayor Broun noted that Council Members Capowski, Evans and Protzman had expressed interest in serving on the Council Committee to review the roles of advisory boards and commissions.

COUNCIL MEMBER WALDORF MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO APPOINT COUNCIL MEMBERS CAPOWSKI, EVANS AND PROTZMAN TO SERVE ON THE REVIEW COMMITTEE. THE MOTION WAS ADOPTED BY A VOTE OF

8‑1, WITH COUNCIL MEMBER BROWN VOTING NO (AGAINST THE CONCEPT OF THE COMMITTEE RATHER THAN THE COUNCIL MEMBERS APPOINTED).

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER WALDORF, TO NOMINATE ALL APPLICANTS FOR APPOINTMENT CONSIDERATION TO THE CITIZEN'S ENERGY TASK FORCE. THE MOTION WAS ADOPTED UNANIMOUSLY (9‑0).

MICHELLE COTTON AND EMILY TOWNSEND WERE APPOINTED TO THE CABLE TELEVISION ADVISORY COMMITTEE WITH FIVE VOTES EACH. ORIGINAL VOTING BALLOTS ARE ON FILE IN THE TOWN CLERK'S OFFICE.

TIMOTHY TOMPKINS (7 VOTES) AND DORCAS ROBERSON (6 VOTES) WERE APPOINTED TO THE HUMAN SERVICES ADVISORY BOARD. ORIGINAL VOTING BALLOTS ARE ON FILE IN THE TOWN CLERK'S OFFICE.

DANIEL COSTA (5 VOTES) WAS APPOINTED TO THE PARKS AND RECREATION COMMISSION. ORIGINAL VOTING BALLOTS ARE ON FILE IN THE TOWN CLERK'S OFFICE.

HARRY UPSHAW (5 VOTES) WAS APPOINTED TO THE PERSONNEL APPEALS COMMITTEE. ORIGINAL VOTING BALLOTS ARE ON FILE IN THE TOWN CLERK'S OFFICE.

JOHN MCGEE (5 VOTES) WAS APPOINTED TO THE PLANNING BOARD. ORIGINAL VOTING BALLOTS ARE ON FILE IN THE TOWN CLERK'S OFFICE.

COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO APPOINT COUNCIL MEMBER WALDORF TO THE CANE CREEK ADVISORY COMMITTEE. THE MOTION WAS ADOPTED UNANIMOUSLY (9‑0).

Item 5 Resource Conservation District Regulations

Planning Director Roger Waldon noted that the Council's previous discussion on Resource Conservation District regulations had focused primarily on restricting rebuilding if buildings were destroyed by natural causes such as fires and floods. He stated that staff was suggesting that the Council call a public hearing in September to consider revising Resource Conservation District regulations in areas prone to flooding outside of the federally designated flood plain areas. Mr. Waldon also said Resolution B would direct staff to initiate discussions with federal agencies about rebuilding in flood plains. He stated that staff recommended adoption of Resolutions 1a and 1b. Mayor Broun inquired whether all proposals would be brought back to the Council at the September 19th hearing. Mr. Horton said a report and recommendation would be brought back to the Council if a timely response was received from FEMA and if it seemed desirable to change existing regulations.

Council Member Brown asked whether the proposed changes only related to possible reconstruction of existing buildings. Mr. Horton said this was the staff's intention. Council Member Brown requested additional information about the possibly impacted areas including maps. Mr. Horton noted that there was presently no definite mapping of resource conservation districts. He added that current federal flood plain maps needed to be redrawn. Council Member Waldorf requested that the staff's follow‑up report contain information about the goal of the ordinance pertaining to existing buildings. Council Member Chilton said he wanted to see different kinds of uses for development. Mr. Horton said this could be investigated by staff.

COUNCIL MEMBER PROTZMAN MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 2A. THE MOTION WAS ADOPTED UNANIMOUSLY

(9‑0)‑

A RESOLUTION CALLING A PUBLIC HEARING TO CONSIDER CHANGES TO RESOURCE CONSERVATION DISTRICT REGULATIONS OUTSIDE THE REGULATORY FLOODPLAIN (94‑1‑25/R‑2a)

WHEREAS, the Council of the Town of Chapel Hill has received a request to reconsider provisions of the Resource Conservation District regulations (Article 5 of the Chapel Hill Development Ordinance); and

WHEREAS, the Council considers it desirable to discuss provisions of the Development Ordinance which restrict reconstruction of buildings inside the Resource Conservation District but outside the 100‑year regulatory floodplain;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council schedules a Public Hearing for 7:30 p.m. on September 19, 1994, to consider changes to Section 5.43 of the Development Ordinance, "Application of the Resource Conservation District Ordinance to the Expansion, Reconstruction, Rehabilitation, or Renovation of Development Existing on March 19, 1984, Outside of the Regulatory Floodplain."

This the 25th day of January, 1994.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO ADOPT RESOLUTION 2B. THE MOTION WAS ADOPTED UNANIMOUSLY

(9‑0)‑

A RESOLUTION DIRECTING THE TOWN MANAGER TO INITIATE DISCUSSIONS WITH THE FEDERAL EMERGENCY MANAGEMENT AGENCY CONSIDERING CHANGES TO RESOURCE CONSERVATION DISTRICT REGULATIONS (94‑1‑25/R‑2b)

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

Hill that the Council directs the Town Manager to request that the Federal Emergency Management Agency review Chapel Hill's Resource Conservation District Ordinance, for purposes of identifying the extent to which Chapel Hill's rules exceed FEMA's minimum requirements for regulation of floodplain areas.

This the 25th day of January, 1994.

Item 6 Proposed Water & Sewer Loan Grant

Mr. Horton said staff recommended that issues pertaining to the proposed water and sewer loan/grant program be referred to the Housing and Community Development Advisory Board for review and recommendations. Council Member Brown suggested that the Board address fairness considerations and make program recommendations to the Council.

COUNCIL MEMBER WALDORF MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 3, REFERRING THE MATTER TO THE HOUSING AND COMMUNITY DEVELOPMENT ADVISORY BOARD.

Council Member Powell said she was concerned that there might not be sufficient funds to assist 68 households.

Council Member Capowski said he preferred a more specific charge be given to the Housing and Community Development Board than the one proposed in Resolution 3. Council Member Capowski also said he favored distributing funds to the four neighborhoods in the same manner as previous fund distributions. Council Member Chilton said he wanted to make sure funds were distributed in the right way.

RESOLUTION 3 WAS ADOPTED BY A VOTE OF 8‑1, WITH COUNCIL MEMBER CAPOWSKI VOTING NO.

A RESOLUTION REFERRING THE PROPOSED WATER AND SEWER LOAN AND GRANT PROGRAM TO THE HOUSING AND COMMUNITY DEVELOPMENT ADVISORY BOARD (94‑1‑25/R‑3)

WHEREAS, the Council is committed to providing sewer services to low‑income citizens in Mount Bolus, North Forest Hills, Sherwood Forest and Glen Heights neighborhoods; and

WHEREAS, a portion of the cost for providing sewer services will be paid with Community Development Block Grant funds; and

WHEREAS, the Housing and Community Development Advisory Board reviews and makes recommendations on the uses of Community Development Block Grant funds;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council refers the proposed Guidelines for Water/Sewer Loan and Grant Program to the Housing and Community Development Advisory Board for recommendations.

This the 25th day of January, 1994.

Item 7 Reuse of Library Building

Mr. Horton said it was possible that occupancy of the new library building might occur as soon as mid‑March.

Assistant Town Manager Sonna Loewenthal provided a brief overview of the library reuse tenant selection process. She said two rentpayment proposals from OPC Mental Health and the Principal's Executive Program had been received. Ms. Loewenthal stated that both proposals were for permitted uses and any exterior changes would require approval by the Historic District Commission. She briefly reviewed the space and financial proposals of OPC and the Principal's Executive Program. She stated that both potential tenants would expect the Town to provide routine and extraordinary building maintenance and routine grounds maintenance. Ms. Loewenthal said other proposals had been received from citizens and organizations including proposals for a municipal museum, visitor center, gift gallery and archives. She also noted that proposals had recently been received from the Chapel Hill‑Carrboro Chamber of commerce and University Chancellor Hardin.

Robert Phay, representing the Principal's Executive Program, said the library building offered an ideal location for his program and would be easy for visitors to the area to find.

Lee Corum, a former member of the Historic District Commission, said the former library building should house a Town museum. He stated that the museum could showcase the historic district and attract visitors to the Town during upcoming Bicentennial celebrations.

Margie Pfaff said locating a Town museum in the former library building would offer a unique asset to the community and its residents and visitors.

Oliver Orr, a retired historian, suggested that the former library building should be used to house the Town's archives. He said the Town should not lose this opportunity for effective recordkeeping.

Tom Maynard, area director of Orange‑Person‑Chatham Mental Health requested speedy consideration of his organization's proposal. He said the former library building would provide much needed space for OPC's administrative offices. Council Member Waldorf asked whether funds were tied to certain timeframes. Mr. Maynard said operational funds such as rent were not limited by timeframes. Council Member Waldorf asked whether capital funds would be lost if they were not used by a certain time. Mr. Maynard said no, noting that the funds were secure through June 30, 1995. Council Member Brown asked how a five‑year rental period had been determined. Mr. Maynard said this was the longest permissible building lease period.

Victoria Tackett said she helped put together the proposal for a local historical museum. Ms. Tackett said there was tremendous support and non‑financial assets to locate the museum in the library building.

Rosemary Hutchinson, Chairman of the OPC Mental Health Board, requested that the Council favorably consider OPC's proposal. She said OPC's proposal would cover facility expenses and bring assets to the Town.

James Goldstein urged the Council to take a business approach in using the former library building. He suggested that the Town rent some or all of the building at prevailing market rates.

Luke Page, President of the Chapel Hill Preservation Society, expressed his support for the Historical Society's request to occupy space in the library. He suggested that a Town/University museum would be a desirable use in light of upcoming Bicentennial events.

James Webb, a long‑time Town resident, former planner and architect said he felt like the Town's library was being treated like a child being put on the auction block.

Hawley Oakes expressed his support for a museum in the library building.

Joel Harper, representing the Chapel Hill‑Carrboro Chamber of Commerce, said he favored joint use of the building by the Chamber, Orange County United Way and the Orange County Visitor's Bureau.

Noting that two new proposals had recently been received, Council Member Capowski suggested that the Manager present a follow‑up report to the Council at the next regular business meeting.

Council Member Pavao expressed his concurrence with Council Member Capowski's suggestion. Council Member Pavao expressed his support for the museum proposal. He suggested that the Historical Society refine its proposal for submittal to staff.

Council Member Protzman said he was glad that some proposals had been received on time and were complete. Council Member Protzman said he thought the OPC proposal should be honored since it was submitted on time and compiled with proposal rules.

Council Member Brown asked whether it would be possible to allow four weeks instead of two weeks for investigation of the museum proposal. Mr. Horton said this was up to the museum supporter to decide. Mayor Broun said he supported the idea of additional time for proposals. He suggested that others be given additional time to adjust their proposals. Council Member Evans suggested considering all options and not rushing into anything. Council Member Pavao asked whether it would be possible to accept proposals from other organizations if the time period were extended. Mr. Horton said unless a deadline was set, there was no end to the number of concepts and proposals which might be presented.

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

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER POWELL TO REFER THE MATTER TO THE MANAGER FOR AN ANALYSIS OF CURRENT PROPOSALS WITH A FOLLOW‑UP REPORT TO BE MADE AT THE FEBRUARY 28TH MEETING.

Council Member Capowski suggested that all additional and amended proposals be submitted to the Manager by 5:00 p.m. on February 11th, with late submissions not being accepted.

THE MOTION TO CONSIDER THE SUBSTITUTE MOTION WAS APPROVED BY A VOTE OF 7‑2, WITH COUNCIL MEMBERS CHILTON AND PROTZMAN VOTING NO.

THE SUBSTITUTE MOTION WAS ADOPTED UNANIMOUSLY (9‑0).

Item 8 Capital Improvement Program Funds

Planning Director Roger Waldon said staff was seeking authorization to proceed with a number of sidewalk construction projects. He stated that the total estimated project costs would be $32,000 to $33,000 with funds left over for contingencies.

Council Member Chilton said the proposed projects were good ones to begin with.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO ADOPT RESOLUTION 5.

Council Member Brown said she did not think East Franklin Street between Elliott Road and WCHL was used by as many pedestrians as other proposed sidewalk projects. She inquired why this project was being suggested. Mr. Horton said this project would allow pedestrians to safely walk in the area. He said it was uncertain whether there would be sufficient funds to complete this project.

Council Member Brown said she favored looking at alternatives such as the bicycle and pedestrian plans as whole items rather than separate items. Council Member Brown also said she favored the inclusion of information about Town labor costs for sidewalk construction projects.

Council Member Evans asked whether the University had been contacted to see whether they were willing to share the costs of sidewalks along the Frank Porter Graham driveway. Mr. Waldon said project costs would be split with the Town.

Council Member Waldorf said although sidewalks along Rosemary Street were important, it might not be possible to fund this project in the near future.

RESOLUTION 5 WAS ADOPTED UNANIMOUSLY (9‑0).

A RESOLUTION DIRECTING THAT TOWN CAPITAL IMPROVEMENT PROGRAM FUNDS BE USED TO COMPLETE THE NORTH COLUMBIA STREET, BOUNDARY STREET AND SMITH LEVEL ROAD SIDEWALK PROJECTS (94‑1‑25/R‑5)

WHEREAS, the Town Council has appropriated $52,000 in the 1993‑1998 Chapel Hill Capital Improvement Program for pedestrian projects; and

WHEREAS, the Town Council has reviewed projects for possible use of these funds.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that Capital Improvement Program funds be used to complete the following pedestrian projects:

- North Columbia Street, from Caldwell Street to Longview Street Boundary Street, from Country Club Road to East Franklin Street

- Smith Level Road, from Merritt Mill Road to Frank Porter Graham Child Development Center.

BE IT FURTHER RESOLVED by the Council that any remaining funds be used to improve the following sidewalks if funds remain after completion of the priority projects:

‑ Rosemary Street, from Merritt Mill Road to Boundary Street

‑ East Franklin Street, from Elliott Road to WCHL Radio Station/Eastgate Shopping Center.

This the 25th day of January, 1994.

Item 9 Piney Mountain Water and Sewer Service

Assistant to the Manager Greg Feller said an overview memorandum and related letters were included in the Council's packet. Council Member Capowski asked who the Council was being asked to support. Mr. Feller said under the terms of the joint planning agreement, Orange County, Chapel Hill and Carrboro would concur about the need for the proposed sewer extension. He added that the City of Durham and OWASA would need to agree to proposed extension to Durham's system. Mayor Broun said a reasonable solution was being proposed. He added that the Council needed to be cautious about water and sewer related matters in the rural buffer.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO ADOPT RESOLUTION 6.

OWASA Board Chairperson Julie Andresen said OWASA was ready to work with all parties? involved. Council Member Capowski said he was concerned about ownership of the line. He suggested that Resolution 6 be amended to request that the line be privately owned. Mayor Broun said some flexibility for the negotiating party was necessary. Council Member Waldorf said she was comfortable with OWASA having a certain level of flexibility. Mr. Horton said the City of Durham could not cross the line without OWASA's consent.

RESOLUTION 6 AS PRESENTED WAS ADOPTED UNANIMOUSLY (9‑0).

A RESOLUTION SUPPORTING EXTENSION OF PUBLIC SEWER SERVICE TO THE PINEY MOUNTAIN NEIGHBORHOOD WITH CERTAIN CONDITIONS (94‑1‑25/R‑6)

WHEREAS, information from the Orange County Health Department indicates the Piney Mountain neighborhood's present low pressure pipe system is failing; and

WHEREAS, soils in the majority of the drainfield area for the Piney Mountain wastewater system are unsuitable for subsurface wastewater absorption; and

WHEREAS, no other community wastewater systems appear to be feasible for this neighborhood;

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

1. That the Council supports, subject to the conditions listed below, the installation of sewer lines to connect the Piney Mountain neighborhood to the City of Durham wastewater system.

2. That the Council requests that the City Council of Durham and the Board of Directors of the Orange Water and Sewer Authority take action to enable connection of a sewer from the Piney Mountain neighborhood to the City of Durham wastewater system at the expense of the Piney Mountain property owners with the following conditions:

* The pump station and force main sewer from the Piney Mountain neighborhood should be designed at a size sufficient to accommodate wastewater only from the currently approved lots in the Piney Mountain subdivision.

* The service area boundary between OWASA and Durham is not otherwise changed, and the decision in this case is based on an environmental concern and public health need.

* The sewer line should be determined by Orange County to be in conformance with the County's water and sewer policy.

* There should be an agreement among parties including the piney Mountain neighborhood association, City of Durham, OWASA, Orange County and the Towns of Chapel Hill and Carrboro that no additional lots or tracts shall be connected to the pump station and force main; and concurrence among the parties to the Joint Planning Agreement regarding the extension of sewer service to the Piney Mountain neighborhood.

* The owner of the Piney Mountain sewer line should be required to have a maintenance plan and regular inspections by a public entity such as Orange County, OWASA or Durham.

This the 25th ??y of January, 1994.

Item 10 Quarterly Reports

Mayor Broun said he was very pleased with the format and utility of the quarterly reports.

Council Member Brown requested additional information concerning possible liquidated damages relative to the parking deck. Mr. Horton said a clause in the construction agreement provided for liquidated damages. He said staff anticipated that liquidated damages and available fund balance would be sufficient to cover current year bond debt service. Mr. Horton said if the project were in default it would be necessary to set aside funds equivalent to one year's debt service. He added that going into default would have a deleterFaus effect on the Town's overall bond rating.

Noting that on‑street parking revenues were up ten percent, she asked whether off‑street parking revenues were below estimates because of the new parking facility or overall economic conditions. Mr. Horton said there were a variety of reasons for lower than anticipated off‑street parking revenues including overall economic conditions and slower than expected completion of projects such as Top of the Hill and restoration of the Hector's building.

Consideration of item 11 was deferred to a later meeting.

Item 12 Consent Agenda

Council Member Protzman requested the removal of item a for discussion.

Mayor Broun said although there was no way to absolutely assure that what was happening in South Africa was the right thing, he was hopeful that it would be and there would be a smooth transition to a non‑racist government. He said the time had come to give additional support to the African National Congress and its goals.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT THE CONSENT AGENDA AS PRESENTED, EXCEPTING ITEM A. THE MOTION WAS ADOPTED UNANIMOUSLY (9‑0).

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS (94‑1‑25/R‑7)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the following resolutions as submitted by the Town Manager (excepting item d presented by Mayor Broun) in regard to the following:

a. Scheduling public hearing for cable television franchise process (R‑8) and related budget ordinance amendment (0‑1),

b. Calling public hearing to receive citizen comments on proposed Orange County Civil Rights Ordinance (R‑9).

c. Cable television customer service standards (R‑10).

d. Repealing Town sanctions against doing business with South Africa (R‑11). Mayor Broun.

e. 1994 Town paratransit plan update (R‑12).

f. Amendment to Culbreth Park development agreement (R‑13).

g. Deleted.

h. Interlocal agreement for collection of Orange County impact fees (R‑14).

This the 25th Day of January, 1994.

A RESOLUTION CALLING A PUBLIC HEARING TO RECEIVE CITIZENS' COMMENTS ON THE PROPOSED ORANGE COUNTY CIVIL RIGHTS ORDINANCE (94‑1‑25/R‑9)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council calls a public hearing for 7:30 pm on Wednesday, March 2, in the Council Chamber at Town Hall, 306 North Columbia Street, to receive comments on the proposed Orange County Civil Rights Ordinance as revised and dated November 19, 1993 and including any revisions proposed by Orange County prior to March 2.

This the 25th Day of January, 1994.

A RESOLUTION REGARDING FEDERAL CUSTOMER SERVICE STANDARDS (94‑1‑25/R‑10)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby gives notice to Time Warner Cable, L.P., doing business as Cablevision, of the effectiveness in the Town of Chapel Hill of federal customer service standards as published by the Federal Communications Commission pursuant to the Cable Consumer Protection Act of 1992; said regulations being effective in a 90‑ day period pursuant to terms of the regulations and to the extent that such regulations exceed the standards in the current franchises held by Time Warner Cable, L.P.

BE IT FURTHER RESOLVED that the Manager is authorized to transmit this resolution to Time Warner Cable, L.P. on behalf of the Town.

This the 25th day of January, 1994.

A RESOLUTION REPEALING THE TOWN OF CHAPEL HILL'S SANCTIONS AGAINST DOING BUSINESS WITH SOUTH AFRICA (94‑1‑25/R‑11)

WHEREAS, the Chapel Hill Town Council on April 28, 1986, enacted "A RESOLUTION DECLARING ITS COMMITMENT TO RACIAL EQUALITY AND ITS OPPOSITION TO APARTHEID IN SOUTH AFRICA"; and,

WHEREAS, South Africa has ended its system of apartheid and appears to be in the process of establishing a political system giving blacks a fair representative voice in government; and,

WHEREAS, anti‑apartheid leaders are now urging the lifting of South Africa sanctions, largely in response to a plea from Nelson Mandela in a speech to the United Nations;

WHEREAS, it now appears appropriate to repeal the previously enacted sanctions adopted as part of the Council's April 28, 1986, resolution;

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

1. The Council hereby reaffirms its commitment expressed in its April 26, 1986, resolution, to racial justice and its opposition to apartheid in South Africa.

2. The Council hereby repeals Sections 2, 3,4 and 5 of the April 26, 1986, Resolution in light of recent events in South Africa.

This the 25th day of January, 1994.

A RESOLUTION APPROVING THE CHAPEL HILL PARATRANSIT PLAN UPDATE AND AUTHORIZING ITS SUBMISSION TO THE TRANSPORTATION ADVISORY COMMITTEE AND FEDERAL TRANSIT ADMINISTRATION (94‑1‑25/R‑12)

WHEREAS, the U.S. Department of Transportation regulations governing the implementation of the Americans with Disabilities Act require the annual submission of a Paratransit Plan Update; and WHEREAS, the Town has prepared an Update in compliance with all applicable regulations;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the attached Paratransit Plan Update is approved and authorized to be submitted to the Durham‑Chapel Hill‑Carrboro Transportation Advisory Committee and Federal Transit Administration.

This the 25th day of January, 1994.

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AMENDMENT TO THE DEVELOPMENT AGREEMENT WITH THE CULBRETH PARK DEVELOPMENT CORPORATION (1‑?5‑94/R‑13)

WHEREAS, the Council adopted resolution 90‑6‑25/R‑2 approving and authorizing the Town Manager to execute a Development Agreement with the Culbreth Park Community Development Corporation and to take actions necessary to implement the Town responsibilities; and

WHEREAS, the transportation has found it necessary to propose an amendment to the Development Agreement in order to sell the remaining two houses in the program;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves and authorizes the Town Manager to execute an amendment to the Development Agreement in accordance with the changes described in the Manager's Memorandum to Council of January 25, 1994.

BE IT FURTHER RESOLVED that the Town Manager is authorized to take actions necessary to implement the Town responsibilities as in the

Agreement, to execute documents and minor modifications to the Agreement in accord with the Council's approval of the Agreement and to negotiate changes in executed Shared Equity Agreements with current homeowners who purchased homes using the Town's financing program.

This the 25th day of January, 1994.

A RESOLUTION AUTHORIZING SIGNING OF INTERLOCAL AGREEMENT FOR COLLECTION OF EDUCATIONAL FACILITIES IMPACT FEES (93‑1‑25/R‑14)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Town Manager to sign an interlocal agreement with Orange County for the collection of educational facilities impact fees established by Orange County.

This the 25th day of January, 1994.

Noting that many citizens were especially concerned about the prospect of a twenty‑year cable television franchise, Council Member Protzman said he would support the Resolution as presented, if necessary. Mr. Horton stated that the cable franchise negotiations could be extended and the same services could be in effect with no change whatsoever if the current cable franchisee were willing to do so. He also said it would be to the community's advantage to move to an improved cable system as quickly as possible. Mr. Horton said the staff was not prepared to recommend a twenty‑year cable franchise to the Council. He also noted that a good consultant was needed to match the talent that would be available to Time‑Warner, the Town's current cable franchise. Council Member Capowski said he had given a number of articles to Council Member Protzman noting why a cable consultant was needed.

Mr. Horton noted that staff had placed an amended Resolution 8 at

the Council's table, referring comments to the negotiating team and

the Cable Television Advisory Committee and changing the date of

the second cable hearing from April 12th to April 19th.

Council Member Powell said she was unsure about the nature of February 7th public hearing. Mr. Feller said it was important for the staff and Council to find out what the community felt about its future cable television service needs.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO ADOPT Resolution 8 AS AMENDED. THE MOTION WAS ADOPTED UNANIMOUSLY (9‑0).

A RESOLUTION ADOPTING A PROCESS FOR CONSIDERING A PROPOSAL FOR CABLE TELEVISION FRANCHISE RENEWAL (94‑1‑25/R‑8)

BE IT RESOLVED by the Town Council of Chapel Hill that the Council adopts the following process and calendar for considering cable television franchise renewal:

Date Action

January 18 Deadline for Cablevision's submittal of proposal in response to Town's Request for Proposal as provided to the company following Council action on October 25.

January 25 Consideration by the Town Council of adopting timetable including public hearing(s).

February 7 Public hearing on franchise renewal proposal; authorizing the Manager, the Council's liaison to the Cable TV Advisory committee and the Town's cable television consultant to negotiate a revised proposal for consideration by the Council.

Mid‑February Discussions/informal negotiation with through

through Cablevision. Copies of proposals submitted

early April during this process would be provided to the Cable Television Advisory Committee for comment.

April 19 Public hearing on revised franchise renewal proposal.

May 23 Consideration of by the Town Council of proposed franchise renewal agreement.

This the 25th day of January, 1994.

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

AN ORDINANCE TO AMEND "THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1993" (94‑1‑25/0‑1)

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

Non‑Departmental

Contingency 51,275 16,500 34,775

Manager 764,165 16,500 780,665

This the 25th day of January, 1994.

Item 13 Information Report

Mr. Horton noted that additional bicycle lane signs would be installed along West Franklin Street in the near future.

The meeting concluded at 10:30 p.m.