MINUTES OF A REGULAR BUSINESS MEETING OF THE MAYOR AND COUNCIL OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA, MONDAY, SEPTEMBER 12, 1994

Mayor Broun called the meeting to order. Council Members in attendance were Joyce Brown, Joe Capowski, Mark Chilton, Pat Evans, Lee Pavão, Barbara Powell, Jim Protzman and Rosemary Waldorf. Also in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Engineering Director George Small, Parks and Recreation Director Mike Loveman, Planning Director Roger Waldon and Town Attorney Ralph Karpinos.

Item 1 Ceremony

Mayor Broun recognized Deputy Fire Chief Myrle Smith and commended him for his heroic service to the community during the recent rescue of a severely injured small child.

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

A RESOLUTION OF THE TOWN COUNCIL IN HONOR OF WILLIAM MYRLE SMITH, DEPUTY CHIEF OF THE CHAPEL HILL FIRE DEPARTMENT, FOR SERVICE ABOVE AND BEYOND THE CALL OF DUTY (94-9-12/R-1)

WHEREAS, on Saturday, July 9, 1994, Chief Myrle Smith was returning to Chapel Hill from Kure Beach when he came to the scene of a vehicle accident which had just occurred on I-40 near Benson; and

WHEREAS, Nicholas Zabilka, the 3-year-old son of Mr. and Mrs. Eric Zabilka of Lawrence, Kansas, was critically injured in the accident; and

WHEREAS, Chief Smith and a second citizen administered cardio-pulmonary resuscitation to Nicholas until his heartbeat and breathing resumed; and

WHEREAS, upon returning to Chapel Hill that afternoon, Chief Smith learned that Mr. and Mrs. Zabilka were at the Johnson County hospital and did not have transportation to join their son while he was undergoing treatment at Duke Medical Center; and

WHEREAS, Chief Smith then returned to Benson and drove the Zabilka family to the hospital, and arranged motel accommodations for the family; and

WHEREAS, Chief Smith visited with the Zabilkas family at the hospital daily during Nicholas' recovery; and

WHEREAS, the President of the United States has commended Chief Smith for his actions; and

WHEREAS, Chief Smith's response at the accident scene exemplifies the highest ideals of public service in our community and nation;

NOW, THEREFORE, BE IT RESOLVED by the Mayor and the Council of the Town of Chapel Hill that the Mayor and Council hereby honor

WILLIAM MYRLE SMITH

for his actions on July 9, 1994, in responding to this emergency situation with professionalism, dedication and compassion.

This the 12th day of September, 1994.

Mayor Broun said it was a great honor to present the resolution to Deputy Chief Smith on behalf of the entire community.

Item 3 Petitions

Mayor Broun noted that the Council Chamber had recently been equipped with a lighted timing system to let speakers know when their three minute time limit was expiring.

Nina Ligh and Morris Dean invited interested persons to attend meetings of Toastmasters International to learn more about public speaking.

Kenneth Hough said the Colony Lake subdivision had originally been proposed as a multi-family development. He stated that a previous Council had permitted the developer to change the development to single-family homes without a replanning process. Mr. Hough stated that Town staff had indicated that the Public Works Department could provide trash pick-up in the Colony Lake subdivision at no additional cost to the Town. He stated that although the petition before the Council contained only 43 of 110 homeowners in the subdivision, many homeowners had been out-of-town when the signatures were collected.

James Jacobs, a homeowner in the Colony Lake subdivision, requested that the Town take over maintenance of 1.1 miles of private streets in the Colony Lake subdivision.

Mr. Horton noted that staff needed to determine the role of the homeowners association relative to both matters.

COUNCIL MEMBER PROTZMAN MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO REFER THE MATTER TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Joe Rowand, 401 Audubon Road, stated that he hoped to make an addition to his home. Mr. Rowand stated that existing Town setback regulations would not permit him to proceed with this project. Grainger Barrett, Mr. Rowand's attorney, said Mr. Rowand's immediate neighbors had no objection to the request for an exception in setback regulations. He requested that the Council schedule hold a public hearing on Mr. Rowand's request for a setback exception.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO RECEIVE AND REFER MR. ROWAND'S REQUEST TO SCHEDULE A PUBLIC HEARING TO THE MANAGER AND ATTORNEY.

Noting that Mr. Rowand's variance request to the Board of Adjustment had been delayed on two occasions, due to the lack of a quorum, Council Member Waldorf suggested that a possible public hearing on the matter be scheduled as soon as possible, including on a business meeting date if necessary.

The motioner and seconder concurred that the matter should be expedited.

THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Tom Gunn expressed concern that the Town had not required submittal of fees for the review of the proposed Columbia Place subdivision. He stated that Town policy only provided fee exemptions for affordable and low-income housing projects. Mr. Gunn presented a written petition outlining his concerns about alleged discrepancies in Town policies relative to fees assessed for development projects. A copy of Mr. Gunn's petition is on file in the Town Clerk's Office.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO REFER THE MATTER TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Marsha Lawrence, Board Chair of the Chapel Hill Day Care Center, requested that the Town provide expedited review of the Center's planned building at the Southern Village site.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO REFER THE MATTER TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Noting that the Council had recently granted a six month extension to the Town's existing cable television franchise agreement, Council Member Capowski asked whether a hearing on cable television matters was still scheduled for October 11th. Mr. Horton said the hearing had been postponed to an unspecified future date.

Item 4 Appointment to Museum Study Committee

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO APPOINT NANCY PENNINGTON TO THE MUSEUM STUDY COMMITTEE. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 5 Reuse of the Former Library Building

Assistant Town Manager Sonna Loewenthal said the Town had received two applications for reuse of the former library building. She briefly reviewed the proposals from the Chapel Hill Day Care Center and the Chapel Hill Historical Society and Museum Study Committee.

Ms. Loewenthal noted that the property's current R-2 zoning did not permit the rental of parking spaces. She also stated that there was little or no market for rental meeting space outside of regular business hours. Ms. Loewenthal said that Chapel Hill Day Care Center wanted to occupy the building by January 1, 1995 and remain as a building tenant through September or October, 1995. She stated that the Historical Society had not outlined a specific timeframe for possible use of the building.

Council Member Pavão noted that the Chapel Hill Preservation Society and the Museum Study Committee were making a joint proposal for use of the building. He noted that the Committee had been approved by the Council to study the feasibility of housing a museum in the former library building. Council Member Pavão stated that a museum advocacy group was a much broader group of citizens than the previously cited Museum Study Committee.

Marsha Lawrence said the community's need for a high quality child care center was well-known. She stated that poor quality child care adversely effected children. Ms. Lawrence requested the Council to provide Chapel Hill Day Care with temporary tenancy of the library building.

Kim Mitchell, a recent graduate of the UNC School of Public Health,

said her son had received a full scholarship to the Chapel Hill Day Care facility. Ms. Mitchell said it would not have been possible for her to complete her studies without this assistance. She urged the Council to execute a lease with the Center for use of the former library building.

Jane Davis said she had three children who were graduates of Chapel Hill Day Care. She stated that the facility was of good quality and convenient in terms of its location. Ms. Davis also said she hoped that the Historical Society could use the building for a historical museum, perhaps, after the day care center's short-term tenancy.

Richard Edens, pastor at the United Church of Christ, current site of the Chapel Hill Day Care facility, expressed hope that the Council could make a commitment to the Chapel Hill Day Care Center for short-term use of the former library building.

Hawley Oakes, representing the East Franklin Street Neighborhood Association, said the vast majority of neighborhood residents he had spoken to about the day care proposal favored this proposed use. He noted that one resident had suggested the need for a better traffic pattern at the corner of North Boundary and East Franklin Streets. Mr. Oakes added that neighborhood residents generally felt that temporary use of the former library building as a day care center on a short-term basis was a good idea.

Council Member Brown requested a clarification of the Museum Study Committee's position relative to the Manager's recommendation. Council Member Pavão stated that the Committee had unanimously recommended support of the Manager's recommendation. He added that the Committee would make a fuller presentation on possible future use of the building for historical and museum uses within one year's time.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO ADOPT RESOLUTION 2A.

Council Member Capowski said he was disappointed that the Town had been unable to negotiate a long-term lease with the Orange-Person-Chatham Mental Health Center. He stated that the University took some of the responsibility for this failure due to misinformation about the proposed Principal's Executive Program lease. Council Member Capowski stated that the Chapel Hill Day Care Center proposal and proposed museum were worthy goals which he would support.

Council Member Brown said the Council and community had gone over a lot of territory in the matter. Noting that she would support adoption of Resolution 2a, Council Member Brown said the day care center and museum advocates should be natural allies who would work well together.

Council Member Pavão urged the Council to have the Museum Study Committee to talk to the Chapel Hill Day Care about the possibility of the Chapel Hill Historical Society taking earlier occupancy of the building.

Mayor Broun said he was pleased that the Council had the opportunity to assist the Chapel Hill Day Care Center.

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

A RESOLUTION AUTHORIZING THE MANAGER TO NEGOTIATE A DRAFT LEASE WITH THE CHAPEL HILL DAY CARE CENTER FOR USE OF THE FORMER LIBRARY BUILDING (94-9-12/R-2a)

WHEREAS, the Council of the Town of Chapel Hill requested proposals for the reuse of the former library building at 179 East Franklin Street; and

WHEREAS, the Chapel Hill Day Care Center submitted a proposal for the use of the main floor of the building as a day care center for 48-60 children for a nine month period; and

WHEREAS, the Council finds that this proposal is an appropriate temporary use of this building in this location,

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is authorized to negotiate a draft lease for later Council action, generally following the terms of the Center's proposal, and

BE IT FURTHER RESOLVED that the joint proposal of the Chapel Hill Historical Society and the Museum Study Committee be held for reconsideration at such time that the groups can provide for their share of utility and other operating costs.

This the 12th day of September, 1994.

Item 6 Orange County Human Rights Ordinance

Assistant Town Manager Florentine Miller said adoption of the proposed ordinance would provide a local process for handling human rights-related concerns. She stated that the proposed ordinance generally paralleled federal laws. Ms. Miller provided a brief overview of the proposal. She noted that adoption of Resolution 3 was recommended.

Council Member Evans asked whether annual reports on the ordinance would be provided to the Council. Ms. Miller said yes. Council Member Waldorf asked whether the report would include information on the ordinance's effectiveness and cost. Mr. Horton said this request would be conveyed to the Orange County Board of Commissioners.

Council Member Capowski inquired about the Human Relations Commission's authority. Human Relations Commission Staff Coordinator Lucy Lewis said the Commission would be responsible for ordinance enforcement and related appeals of decisions. Council Member Capowski asked whether it was correct that only three of twenty-three Commission members were Town residents. Ms. Lewis said there were currently five Town residents and two vacant Town resident seats on the Commission. Council Member Capowski said that since the Town comprised forty-five percent of the County's population, the Commission should have a like percentage of Town resident members. Ms. Lewis said the County Commissioners had made a commitment to have all parts of Orange County represented on the Commission, including the Town. Noting that she concurred with Council Member Capowski's concerns, Council Member Waldorf asked how these concerns could be conveyed to the County Commissioners. Ms. Lewis said she would convey the Council's sentiments to the Commissioners.

Council Member Chilton inquired whether some of the ordinance's administrative costs would be recuperated from federal (EEOC) reimbursements. Ms. Lewis said this was correct, noting that Orange County would be reimbursed $1200 for each housing case and $450 for each employment case resolved locally. Council Member Chilton inquired whether persons wishing to do so could approach the EEOC for problem resolutions. Ms. Lewis said this option would be quite limited. She added that persons wishing to do so could explore this possibility with the County's Human Rights Commission.

Noting that she favored the proposed resolution, Council Member Powell asked why the proposed ordinance contained different effective dates. Ms. Lewis stated that since Orange County anticipated a higher volume of employment-related complaints, the County had elected to become comfortable with handling housing matters first.

COUNCIL MEMBER POWELL MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 3. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION PERMITTING THE ORANGE COUNTY CIVIL RIGHTS ORDINANCE TO BE APPLICABLE WITHIN THE ORANGE COUNTY PORTION OF THE TOWN OF CHAPEL HILL (94-9-12/R-3)

WHEREAS, the Orange County Board of Commissioners, on June 6, 1994, adopted the Orange County Civil Rights Ordinance and requested that the Town Council of the Town of Chapel Hill consider permitting the Ordinance to become effective within the Town of Chapel Hill; and

WHEREAS, the Town Council has considered the Ordinance and heard public comment on March 2, 1994, on the proposed Ordinance; and

WHEREAS, the Council believes that the Ordinance may provide a procedure to more expediently allow the resolution of claims of violations of civil rights by providing a local procedure and mechanism for review of said claims;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill, that the Orange County Civil Rights Ordinance, adopted by the Orange County Board of Commissioners on June 6, 1994, is hereby made applicable within that portion of the Town of Chapel Hill located in Orange County.

BE IT FURTHER RESOLVED, that the Council requests an annual report no later than November 1, 1995, from the County on the Ordinance.

This the 12th day of September, 1994.

Item 7 Designation of NLC & NCLM Voting Delegates and Alternates

COUNCIL MEMBER WALDORF MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO ADOPT RESOLUTION 4, DESIGNATING COUNCIL MEMBER BROWN AS THE COUNCIL'S NCLM ANNUAL MEETING VOTING DELEGATE AND COUNCIL MEMBER CAPOWSKI AS THE ALTERNATE. THE MOTIONER AND SECONDER FURTHER MOVED THAT COUNCIL MEMBER POWELL BE DESIGNATED AS THE COUNCIL'S VOTING DELEGATE AT THE NLC ANNUAL MEETING. RESOLUTION 4 WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION DESIGNATING VOTING DELEGATES AND ALTERNATE VOTING DELEGATES OF THE NORTH CAROLINA LEAGUE OF MUNICIPALITIES' ANNUAL MEETING AND THE NATIONAL LEAGUE OF CITIES' ANNUAL BUSINESS MEETING (94-9-12/R-4)

WHEREAS, the North Carolina League of Municipalities requires member cities to appoint a voting delegate and an alternate delegate to cast the votes at the League's Annual Meeting; and

WHEREAS, the National League of Cities requires member cities to appoint a voting delegate and an alternate delegate to cast the votes at the League's Annual Business Meeting;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that Joyce Brown is hereby designated to be the voting delegate and Joe Capowski is hereby designated to be the alternate delegate to the North Carolina League of Municipalities 1994 Annual Meeting.

BE IT FURTHER RESOLVED that Barbara Powell is designated to be the voting delegate at the National League of Cities 1994 Annual Business Meeting.

This the 12th day of September, 1994.

Item 7.1 Weaver Dairy/Erwin Traffic Signal Request

Council Member Evans noted that Department of Transportation representative Gorman Gilbert had indicated that it might be useful for the Council to adopt a resolution supporting the installation of a traffic signal at the intersection of Weaver Dairy and Erwin Roads.

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

Council Members Protzman and Waldorf thanked Council Member Evans for her efforts.

RESOLUTION 5 WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION REQUESTING THAT THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION INSTALL TRAFFIC SIGNALS AT THE INTERSECTION OF WEAVER DAIRY ROAD AND ERWIN ROAD IN CHAPEL HILL (94-9-12/R-5)

WHEREAS, the Council is concerned about the increasing traffic congestion and unsafe conditions at the Weaver Dairy Road/Erwin Road intersection; and

WHEREAS, continuing development along Weaver Dairy Road and Erwin Road, including a new high school, will exacerbate problems which already exist at this intersection; and

WHEREAS, installation of traffic signals would control traffic flow on both Weaver Dairy Road and Erwin Road, effectively mitigating both congestion and safety problems including safety for pedestrians and bicyclists now and in the future;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council requests that the North Carolina Department of Transportation design and install traffic signals and associated equipment at the intersection of Weaver Dairy Road and Erwin Road.

This the 12th day of September, 1994.

Item 8 Time of Council Meetings; Scheduling Work Session

Mr. Horton said he recommended adoption of Ordinance 0.1a, changing the starting time of Council meetings to 7:00 p.m., effective November 14th and Resolution 6, scheduling a work session on October 11th, to the Council. Mayor Broun suggested that the Council inform agree to conclude Council meetings by 10:30 p.m.

Council Member Brown said she hoped there would be some flexibility in terms of cut-off time with citizens had been waiting for a specific item. Mayor Broun said the Council would receive citizen comments after 10:30 p.m. when necessary.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT ORDINANCE 0.1A. THE MOTION WAS ADOPTED UNANIMOUSLY

(9-0).

AN ORDINANCE CHANGING THE TIME OF REGULAR MEETINGS OF THE TOWN COUNCIL (94-9-12/O-0.1a)

BE IT ORDAINED by the Town Council of Chapel Hill

Section 1. That the Council hereby amends Section 2-3(a) of the Town Code as follows:

The Council's regular business meetings shall begin at 7 pm effective on November 14, 1994, unless the Council specifies another time for a given meeting or meetings by resolution or ordinance. Regular business meetings of the Council shall be held on the second and fourth Mondays of each month, unless otherwise specified by the Council for meetings including but not limited to those in the months of July, August and December.

Section 2. That the Council hereby amends Section 2-3(b) of the Town Code to read as follows:

The starting time for public hearing meetings of the Town Council shall be 7 pm effective on November 21, 1994. Public hearing meetings shall be on the third Mondays of the month from January through June and September through November, unless other date(s) is or are specified by the Council for a given meeting or meetings.

Section 3. All ordinances and portions of ordinances in conflict herewith are hereby repealed.

This the 12th day of September, 1994.

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER WALDORF, TO ADOPT RESOLUTION 6. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION SCHEDULING A WORK SESSION ON TOWN SERVICES

(94-9-12/R-6)

BE IT RESOLVED by the Town Council of Chapel Hill that the Council hereby schedules a work session at 5:30 pm on Tuesday, October 11, 1994, in the meeting room at the new Library, 100 Library Drive, to discuss Town services including a report to be submitted by the Manager based on the Council's discussion on August 29, 1994.

This the 12th day of September, 1994.

Item 8.1 OWASA Sales Tax Contract

Assistant to the Manager Greg Feller said the proposed agreement was consistent with the Council's prior direction in the matter. He briefly reviewed the proposed sales tax contract, noting that staff recommended adoption of Resolution 7a.

Henry Lister, a member of the Chapel Hill Day Care Center Board, thanked the Council for their earlier action on the former library's lease. Mr. Lister said the $324,000 figure cited in the staff's memorandum was an estimate, rather than a concrete figure. He added that the Local Government Commission's memorandum did not mention a figure of $324,000 specifically. Mr. Lister stated that resolutions 7 a and b appeared superfluous given recent feedback from the Local Government Commission. He requested that the Council consider adoption of Resolution 7b.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER WALDORF, TO ADOPT RESOLUTION 7B. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ORANGE WATER AND SEWER AUTHORITY REGARDING CONTRIBUTION OF SALES TAX FUNDS FOR THE COST OF FOUR SEWER PROJECTS (94-9-12/R-7b)

BE IT RESOLVED by the Town Council of Chapel Hill that the Council approves and authorizes the Manager to sign on behalf of the Town an agreement, in substantially the form submitted to the Council on September 12, 1994, with the Orange Water and Sewer Authority regarding contribution of certain sales taxes to the Authority to defray costs of four sewer projects. A copy of the agreement as submitted to the Council shall be retained with the records of this meeting.

BE IT FURTHER RESOLVED that the Council allocates an additional $15,000 of 1993-94 sales taxes for the Glen Heights, Mount Bolus, North Forest Bills and Sherwood Forest sewer projects.

This the 12th day of September, 1994.

Mr. Lister said construction of Sherwood Forest sewer improvements were proceeding well. Flicka Bateman said she really appreciated the efforts of the Council and the staff to work with neighborhood residents in the provision of sewer service. She said the whole process had been a very gratifying personal experience.

Item 9 Consent Agenda

Council Member Brown requested removal of items h and i from the consent agenda. Council Member Protzman requested removal of item f. Council Member Waldorf thanked the staff for a change in the proposed location of the Festifall festival.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT RESOLUTION 8, EXCEPTING ITEMS F, H AND I. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES (94-9-12/R-8)

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. Festifall street arrangements (R-9, O-1).

b. Revised Housing and Community Development Advisory Board composition (O-2).

c. Deleted.

d. Temporary extension of cable television franchise agreement and deferral of renewal application process (R-11, O-3).

e. Housing grant program project ordinance (O-4).

f. Calling hearing on definition of "College, University or Professional School" in Town's Development Ordinance (R-13).

g. Budget ordinance amendment: Knolls Development Association (O-5).

h. Regional transportation plan: Public input/review policy and process (R-15).

i. Process for developing Transportation Improvements Program (R-16).

This the 12th day of September, 1994.

A RESOLUTION TEMPORARILY CLOSING PORTIONS OF WEST FRANKLIN STREET, MALLETTE STREET, AND KENAN STREET (FESTIFALL '94)

(94-9-12/R-9)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby directs the closing of West Franklin Street between Church and Roberson Streets, and Mallette and Kenan Streets between Cameron Avenue and Franklin Street, on Sunday, October 2 or October 9, 1994, from 10:30 a.m. to 8:00 p.m., to allow the holding of the Festifall Street Fair and cleanup of the street following the Fair.

This the 12th day of September, 1994

AN ORDINANCE TEMPORARILY REMOVING PARKING FROM PORTIONS OF WEST FRANKLIN STREET, MALLETTE STREET AND KENAN STREETS (FESTIFALL '94) (94-9-12/O-1)

BE IT ORDAINED by the Council of the Town of Chapel Hill:

That on the 2nd or 9th day of October, 1994, between the hours of 12:30 p.m. and 8:00 p.m., there shall be no parking on either side of West Franklin Street between Mallette and Graham Streets, and on Mallette and Kenan Streets between Franklin Street and Cameron Avenue.

The Police Department of the Town of Chapel Hill is hereby authorized to cover the parking meters on said streets during such hours on said date. The Police Department is further authorized to remove, tow, and impound automobiles and vehicles of any kind which are parked on said streets during such hours in contravention of this Ordinance. In light of the large number of pedestrians expected in the Street Fair area, the Council hereby determines that vehicles in the restricted area would constitute a special hazard requiring prompt removal. The owner shall be responsible for and pay storage and moving costs of any vehicle removed pursuant to the provisions of the Ordinance, and the Police Department shall use reasonable diligence to notify the owner of the removal and storage of such vehicle.

This the 12th day of September, 1994.

AN ORDINANCE AMENDING ARTICLE XI, SECTION 2-161 OF THE CODE OF ORDINANCES (94-9-12/O-2)

BE IT ORDAINED by the Council of the Town of Chapel Hill:

SECTION I

That Section 2-161. Membership, terms of the Town Code of Ordinances is amended by DELETING the following:

The housing and community development advisory board shall consist of twelve (12) members appointed as hereinafter provided.

and ADDING in its place:

The housing and community development advisory board shall consist of nine (9) members appointed as hereinafter provided.

SECTION II

All ordinances and portion of ordinances in conflict herein are hereby repealed.

This the 12th day of September, 1994.

A RESOLUTION DEFERRING CONSIDERATION OF CABLE TELEVISION FRANCHISE RENEWAL APPLICATION (94-9-12/R-11)

WHEREAS, the Council has on September 12, 1994, adopted on first reading an ordinance extending the term of the existing cable television franchise;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby defers the previously adopted cable television franchise renewal application deadline of September 22, 1994.

BE IT FURTHER RESOLVED that the Council defers the overall process and calendar adopted by the Council on July 5, 1994, for consideration of a cable television franchise renewal application pending a ruling by the Federal Communications Commission regarding the extent of the Town's authority in a franchise renewal to limit the need for converter boxes for regulated channels; provided, that such deferral of consideration is contingent upon

(1) final adoption on second reading of a franchise amendment temporarily extending the current franchise term, and

(2) the acceptance of said franchise amendment by Time Warner Entertainment Company, L.P.

This the 12th day of September, 1994.

AN ORDINANCE TO EXTEND TEMPORARILY THE TERM OF THE ORDINANCE GRANTING A CABLE TELEVISION FRANCHISE TO VILLAGE CABLE, INC., WHICH FRANCHISE IS NOW HELD BY TIME WARNER ENTERTAINMENT COMPANY, L.P. (94-9-12/O-3)

WHEREAS, the Town of Chapel Hill is in the process of considering cable television franchise renewal matters in accord with procedures in federal law; and

WHEREAS, the Town Council of Chapel Hill has recently requested a declaratory ruling by the Federal Communications Commission regarding the extent of the Town's authority in a franchise renewal to limit the use of converter boxes for regulated channels; and

WHEREAS, the Commission appears unlikely to rule on the questions posed by the Town before the expiration of the present cable television franchise on December 14, 1994; and

WHEREAS, management of Time Warner Entertainment Company, L.P. has expressed a willingness to accept a temporary extension of the franchise term, provided that such extension is without prejudice to either the company or the Town in the franchise renewal process;

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

Section 1. The Council amends ordinance 79-O-80 initially adopted on November 19, 1979, as amended, (the "Franchise Ordinance") granting a cable television franchise to Village Cable Inc., which franchise is now held by Time Warner Entertainment Company, L.P., as follows and subject to the conditions set forth below:

a) The term of the franchise is extended to July 5, 1995, or to a date earlier than July 5, 1995, if upon agreement of both parties the franchise is renewed with an effective date earlier than July 5, 1995. This extension is without prejudice to the rights of Time Warner Entertainment Company, L.P. or the Town of Chapel Hill with respect to renewal of the franchise.

b) This amendment of the current franchise term shall not be construed as a franchise renewal and shall not affect the rights of either Time Warner Entertainment Company, L.P. or the Town in the renewal of the franchise or proceedings related to renewal of the franchise.

All other terms of the current Franchise Ordinance shall remain in effect unless amended in the future.

Section 2. This amendment to Ordinance 79-0-80 shall be effective upon acceptance of the amendment by a duly authorized representative of Time Warner Entertainment, L.P. within 15 days of the adoption of this ordinance on second reading.

This the 12th day of September, 1994. (First reading)

This the 26th day of September, 1994. (Second reading)

AN ORDINANCE TO ESTABLISH COMPREHENSIVE GRANT PROGRAM (CGP) PROJECT ORDINANCE (94-9-12/O-4)

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 established:

Section I

The projects authorized are the Comprehensive Grant Program (CGP) projects as approved by the Council on May 9, 1994: 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 15, 1994.

Section II

The Manager of the Town of Chapel Hill is hereby directed to proceed with the project within 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 $423,211

Section IV

The following amounts are appropriated for the project as follows:

Resident Initiatives $ 42,321

Administration 28,080

Fees and Costs 37,819

Dwelling Structures 287,491

Non-Dwelling Equipment 1,000

Relocation Costs 26,500

Total $423,211

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 12th day of September, 1994.

AN ORDINANCE TO AMEND "THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1994 (94-9-12/O-5)

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, 1994" as duly adopted on June 6, 1994 be and the same is hereby amended as follows:

ARTICLE I

Current Revised

Budget Increase Decrease Budget

APPROPRIATIONS

HOUSING LOAN TRUST

FUND 104,500 18,000 122,500

REVENUES

HOUSING LOAN TRUST

FUND

Fund Balance 48,500 18,000 66,500

This the 12th day of September, 1994.

Council Member Protzman inquired about the intent behind the proposed language change. Mr. Horton said the Historic District Commission was attempting to make it clear as possible that the University could not undertake any operations in residentially-zoned areas. Council Member Protzman asked whether the Council was being asked to set a hearing on this proposal. Mr. Horton said this was correct. Council Member Capowski said the revised definition would better define the University's role.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER WALDORF, TO ADOPT RESOLUTION 13. THE MOTION WAS ADOPTED UNANIMOUSLY

(9-0).

A RESOLUTION CALLING A PUBLIC HEARING ON AN AMENDMENT TO THE CHAPEL HILL DEVELOPMENT ORDINANCE TO CLARIFY THAT THE ASSOCIATED PROGRAMS, CENTERS AND FUNCTIONS OF THE UNIVERSITY ARE PART OF THE DEFINITION OF "COLLEGE, UNIVERSITY AND PROFESSIONAL SCHOOL" (94-9-12/R-13)

WHEREAS, the Council of the Town of Chapel Hill has received a request from the Historic District Commission to clarify the definition of "College, University or Professional School", and

WHEREAS, the Development Ordinance has hitherto been silent on how to define the associated programs, centers and functions of the University, and

WHEREAS, it is necessary to define the associated programs, centers and functions of the University in order that they may be considered in the schedule of uses as their proper use,

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council calls a Public Hearing to be held on Monday, April 17, 1995 at the Chapel Hill Town Hall for the purpose of hearing citizen comment on amending the Chapel Hill development Ordinance, Section 2.28, "College, University, or Professional School."

This the 12th day of September, 1994.

Council Member Brown said public notification of items h and i, concerning transportation-related matters, had been done by the City of Durham. Council Member Brown also said she did not know whether citizens had received sufficient notice of the proposals.

She requested a report from the Manager on the Town's public notification processes, including timing in terms of State notice requirements. Council Member Brown suggested that the matter be brought back to the Council for discussion in the future, rather than as an information report. Council Member Waldorf wondered whether public notification about some State and Federal processes really made a difference in final outcomes. Mayor Broun said he believed that more public input might have an influence on final decisions. Council Member Brown stated that it was important for the Town and Department of Transportation to receive public input on projects such as the NC 86 roadway project. She noted that her earlier request concerning public notification was not limited to transportation matters. Mr. Horton suggested that staff bring back a preliminary report in order to receive more specific guidance from the Council. Mayor Broun said this was a good idea.

Council Member Brown said she was requesting a report about the Town's process and State requirements for public hearing notifications. Noting that a number of different areas were involved, Mr. Horton stated that staff would need to extensively research State law and bring back an outline for Council consideration. Council Member Brown said her primary concern was how the Town could do a better job of public notification. Council Member Capowski said he thought the Town generally did an excellent job of providing public notices. Council Member Brown said she was concerned about the lack of adequate notice for matters such as the community forum on planning for the Horace Williams tract. Council Member Chilton suggested the possibility of establishing a Mayor's Committee to examine the matter. Noting that he was unclear about the exact dimensions of Council Member Brown's request, Mayor Broun suggested that the Manager provide a brief preliminary information report at the next Council meeting. Council Member Powell suggested that Council Member Brown could confer with the Town Manager about her concerns. There was general consent of the Council about this suggestion.

COUNCIL MEMBER PROTZMAN MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 15. THE MOTION WAS ADOPTED UNANIMOUSLY

(9-0).

A RESOLUTION REFERRING THE DURHAM-CHAPEL HILL-CARRBORO URBAN AREA DRAFT PUBLIC INPUT/REVIEW POLICY AND PROCESS TO THE TOWN TRANSPORTATION BOARD FOR REVIEW AND RECOMMENDATION

(94-9-12/R-15)

WHEREAS, the Durham-Chapel Hill-Carrboro Urban Area has begun work on a Regional Transportation Plan; and

WHEREAS, public participation in the development of this Plan is a critical consideration; and

WHEREAS, the Urban Area Technical Coordinating Committee has developed a draft Public Input/Review Policy and Process and requested comment from urban area local governments.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the draft Public Input/Review Policy and Process be referred to the Transportation Board for their review and recommendations;

BE IT FURTHER RESOLVED that a public forum on the draft Policy and Process be scheduled for September 26, 1994 for public comment.

This the 12th day of September, 1994.

COUNCIL MEMBER PROTZMAN SUGGESTED THAT RESOLUTION 16 BE AMENDED TO INCLUDE THE GREENWAYS COMMISSION.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 16, AS AMENDED. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION REQUESTING THAT THE PLANNING BOARD, TRANSPORTATION BOARD AND PARKS AND RECREATION COMMISSION PREPARE RECOMMENDATIONS FOR PROJECTS TO BE INCLUDED IN THE 1992-2002 CHAPEL HILL TRANSPORTATION PROJECT PRIORITY LIST

(94-9-12/R-16)

WHEREAS, the Durham-Chapel Hill-Carrboro Urban Area has begun work on the development of the 1992-2002 Local Transportation Improvement Program; and

WHEREAS, Chapel Hill is being added to prepare a project priority list for use by the Urban Area in the development of the Local Transportation Improvement Program; and

WHEREAS, public participation in the development of this Plan is a critical consideration; and

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Planning Board, Transportation Board and Parks and Recreation Commission be requested to prepare recommendations to the Council on a transportation project priority list;

BE IT FURTHER RESOLVED that a public forum on the development of a Chapel Hill project priority list be scheduled for October 10, 1994 for public comment.

This the 12th day of September, 1994.

There were no comments on the Hargraves Road right-of-way information report. There was no need for an Executive (Closed) session. The meeting concluded at 9:07 p.m.