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

TOWN OF CHAPEL HILL, MONDAY, SEPTEMBER 26, 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, 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, Town Attorney Ralph Karpinos, Assistant to the Manager Greg Feller, Finance Director Jim Baker, Planning Director Roger Waldon, and Housing Director Tina Vaughn.

Item 2 Durham-Chapel Hill-Carrboro Urban Area Transit Planning

Mr. Horton presented a brief overview of the proposed citizen input process for transportation planning in the Durham-Chapel Hill-Carrboro urban area. He stated that there were three key issues for consideration, the first being development of a public notification policy. Mr. Horton suggested using Cablevision and local newspapers for this purpose. Secondly, the proposed period for public review could be extended to include a sixty day review period, so that all advisory boards could comment and would allow sufficient time for Council review. Thirdly, meetings should be held throughout the urban area to make it easier for the public to comment on the proposals.

Mayor Broun asked Mr. Horton whether this item was intended as an opportunity for public comment. Horton said yes, noting that the matter could come back before the Council on October 10th for consideration.

Council Member Brown asked whether the proposal addressed the actual transportation plans getting to the public in sufficient time. She stated that the public did not always receive materials in time to forward them to other groups. Mr. Horton stated that this was the reason that a sixty-day, rather than a thirty-day, review period was being suggested.

Council Member Chilton noted that the Transportation Board had recommended approval of the plan. He added that there were currently only five members on the Transportation Board due to term expirations and a lack of applications to date. He appealed to interested persons to apply for membership on the Transportation Board or other Council advisory boards.

Mr. Horton suggested that the record of the hearing be held open to facilitate mail-in comments from citizens. Mayor Broun concurred on behalf of the Council.

COUNCIL MEMBER POWELL MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI,

TO ADOPT RESOLUTION 0.1. THE MOTION WAS ADOPTED UNANIMOUSLY.

A RESOLUTION RECOMMENDING THAT THE DURHAM-CHAPEL HILL-CARRBORO URBAN AREA TRANSPORTATION ADVISORY COMMITTEE ADOPT THE PROPOSED REGIONAL TRANSPORTATION PLAN: PUBLIC INPUT/REVIEW POLICY AND PROCESS WITH CHANGES (94-9-26/R-0.1)

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 has developed a proposed Public Review/Input Process and requested comment from local governments within the Urban Area; and

WHEREAS, the Council has reviewed the proposed Public Review/Input Process;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Durham-Chapel Hill-Carrboro Transportation Advisory Committee should adopt the proposed Public Review/Input Process with the following changes to the Public Review/Input Policy section:

* That the policy outlining the process for notifying the public at various stages of the workplan include a provision that Cablevision broadcast the Public Service Announcements to Chapel Hill subscribers and that the Chapel Hill Newspaper be included in the list of newspapers intended to be used to provide notification to the public.

* That the proposed period for public review be extended to allow a 60 day comment period.

* That public meetings designed to solicit public comment be held at various locations around the Urban Area to encourage the greatest possible participation.

This the 26th day of September, 1994.

Mayor Broun requested that interested persons apply for existing vacancies on Council advisory boards and commissions.

Item 3 Petitions

Jamil Kadourna, owner of the Mediterranean Deli, commented that the landscaping near his restaurant in association with the pilot streetscape project was very nice and was almost completed. He asked the Council to allow restaurant owners in the pilot area to set up tables on the sidewalks outside of their restaurants. Mr. Kadourna stated that he and other restaurant owners thought that this would enhance the ambiance of West Franklin Street.

Betty Maultsby said she had three strong beliefs regarding Mr. Kadourna's proposal. She said sidewalks were very valuable commercial property, comparable to common space in law. Secondly, Ms. Maultsby said store merchants and itinerant merchants were not charity cases. Finally, she said the Town had a responsibility to

assure that restaurant owners choosing to set up tables would not have an unfair advantage over other restaurants which could not or did not put tables on sidewalks. Ms. Maultsby said she favored more active use of the Town's sidewalks. She said if outside tables were used, then restaurants should be charged a fee for their use.

COUNCIL MEMBER CHILTON MOVED, SECOND BY COUNCIL MEMBER BROWN, TO RECEIVE THESE PETITIONS. THE MOTION WAS ADOPTED UNANIMOUSLY

(9-0).

Dr. Wilbert Edgerton requested expedited review of a proposal to build fourteen very-low income apartments for persons disabled by mental illness. Noting that a grant had been received from the United States Department of Housing and Urban Development, Dr. Edgerton requested expedited review of the application. Dr. Edgerton also expressed his desire for the units to receive special handicapped status in order to qualify for block grant funds and to receive deferral of some of the Town's development regulations.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER WALDORF, TO RECEIVE THE PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Council Member Capowski stated he had toured the Dobbins Hill Apartments on Dobbins Drive. He stated that this complex contained fifty-five units and was coordinated by the Orange Community Housing Corporation. Council Member Capowski offered his congratulations to Donna Dyer and her organization for their contributions to affordable housing.

Council Member Powell also noted that she had visited the Dobbins Hill Apartments. She noted that over one hundred applicants had applied for the fifty-five units on the first day of application acceptance.

Item 4 University Planning Process for Horace Williams & Mason Farm

Mr. Horton gave a brief description of the key issues regarding the long-range planning process for the two properties. He recommended coordination of the process with the Town of Carrboro and suggested that a Carrboro representative might be included on the committee. He also recommended that the Council proceed with this matter and recognize that there may be changes the Council may wish to make to the resolutions before them this evening.

Sally Vilas, a lifelong Town resident, asked the Council to proceed with this matter and said that there should be two or three members from adjoining properties, depending on the size of the committee.

Mayor Broun suggested that the discussion be compartmentalized. He said the discussion should first center around the charge of the committee, then the committee's composition, and finally, coordination with the Town of Carrboro. Mayor Broun stated that two Council Members had made suggestions for changes to the process.

Council Member Waldorf suggested that there were at least twelve areas of interest which the Council might wish to examine. She suggested that the Council look at these items and add or delete items during this evening's discussion. Council Member Brown stated that some of the items should be included in the charge of the committee, as some were more significant than others. She stated that public forums would be needed throughout the process. Council Member Brown said she believed that the Town should seek the Town of Carrboro's advice prior to proceeding on the matter.

Mayor Broun responded that he had an informal discussion with Town of Carrboro Mayor Kinnaird wherein she had suggested that the Town of Carrboro have two or three representatives on this committee. Mayor Broun commented that Mayor Kinnaird had not yet discussed this proposal with the Carrboro Board of Aldermen.

Council Member Evans said this plan would be very different from anything ever undertaken by the community. She said this was a plan that was not a twenty-year plan, but closer to a fifty-year plan. She also suggested that the Town should focus on general goals and objectives since it was not possible to fully anticipate the technology or resources of the future. Council Member Evans also stated she wanted the Council to discuss who would chair the committee and how they would be chosen.

Council Member Protzman said he was comfortable with the charge outlined by Council Member Brown in her memorandum to the Mayor and Council. He suggested that the suggestions made by Council Member Waldorf not be incorporated into the charge, because as Council Member Evans had noted earlier, the goals should be general in nature.

Mayor Brown said he was comfortable with the suggested charge as provided by Council Member Brown.

Council Member Pavão stated that he agreed with Council Member Brown's suggested charge, but said he thought Council Member Waldorf's twelve points should be used as a guide by the committee.

Council Member Evans said she was in favor of Council Member Waldorf's points, excluding zoning of the airport tract. Council Member Waldorf disagreed noting that the scope of the work and the zoning did affect the outcome of the project.

Council Member Capowski said there were a half dozen uses of the property which could not be ignored,.

Council Member Pavão reiterated that Council Member Waldorf's point should be used as a guide by the proposed committee.

Council Member Waldorf stated that applicants to the proposed committee should be aware of the extensive time commitment involved and need for diligence by all committee members. She said the Manager's recommendation suggested that there be several designated members of the Planning Board. Council Member Waldorf said the Council should invite the Town of Carrboro to advise the Council about the number of Carrboro representatives on the proposed committee.

Council Member Capowski said the Council was emphasizing the Horace Williams tract over the Mason Farm tract, which was more environmentally sensitive. Council Member Capowski said he did not believe that there should be equal representation between the Town of Carrboro and the Town on the committee. Council Member Capowski suggested that the Council invite a member of the Botanical Gardens to serve on the committee since the garden's facilities were comprised of about five hundred acres in the Mason Farm area.

Council Member Chilton said the Council should come up with a total number of committee members that would be appropriate so that discussion could take place with other agencies and the Town of Carrboro as to who and how many representatives were to be appointed and so that applications could be solicited from the public.

Council Member Powell agreed with the Manager's recommendation that the Citizens Energy Task Force, Parks and Recreation Commission, Planning Board and the Botanical Garden would be represented on the committee. Council Member Powell said she believed that the Town should have at least two neighborhood representatives from the affected areas. Council Member Powell said she did not particularly agree that three Council Members were needed on the committee.

Mayor Broun said he favored keeping the committee membership as small as possible. He added that it would be relatively easy to add members in the future, if necessary.

Council Member Protzman stated that the committee needed balanced participation. He said four meetings a month might be too time-consuming for persons working full-time.

Council Member Evans commented that it would be difficult to keep persons updated who did not attend the committee's meetings on a regular basis.

Council Member Brown stated that the two tracts were very different. She added that the Council needed to remember that some members of the committee might be more concerned with one tract than the other. She said since neighborhoods all over the Town would be affected by the University's development proposals, the Council should not limit membership on the committee only to neighborhoods bordering the properties.

Council Member Pavão agreed, saying the Council needed to look at the overall impacts of the proposals on the Town. He suggested that the Council form a committee to review the applications as they were received, in order to provide a well-balanced committee membership.

Council Member Capowski requested that wording be added to the proposed resolution to include two representatives from the Carrboro Board of Aldermen, one Town of Carrboro resident and a representative of the North Carolina Botanical Gardens. Council Member Chilton asked whether the Botanical Garden representative would serve in addition to two persons having expertise regarding the Mason Farm tract. Council Member Capowski said yes. Council Member Chilton suggested that the Town of Carrboro have three members on the committee.

Council Member Waldorf said that her comments about the time-consuming aspects of the proposed committee were primarily offered in reference to participation by existing board and commission members who would be attending other board and commission meetings. She said the time commitment might pose a hardship for some members.

Council Member Powell asked whether it was possible to have two separate committees, one for Mason Farm and one for the Horace Williams tract, with the two committees meeting together on occasion. Mayor Broun responded that if the committee wanted to form subcommittees, this would be acceptable. He noted that this was a committee representing the interests of the entire community.

Council Member Chilton stated that the Council needed to decide how many members and which interests should be represented on the proposed committee.

Council Member Capowski stated that the composition of the committee should be decided right away, before personalities of applicants came into play.

Mayor Broun stated that Carrboro Mayor Kinnaird felt that a possible composition would be twelve representatives from the Town and three representatives from the Town of Carrboro. Mayor Broun said he was in favor of leaving this matter open for further discussion.

Council Member Chilton suggested that the resolution be amended to permit up to nineteen members, including one representative from the North Carolina Botanical Gardens. He also suggested that the charge of the committee be amended to include the language suggested in Council Member Brown's memorandum. Council Member Chilton also suggested that the last "be it resolved" be excluded from the proposed resolution.

Mayor Brown suggested that the resolution include a proposed representatives list, without including an overall maximum number of committee members.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT RESOLUTION R-1 AS AMENDED. THE RESOLUTION WAS ADOPTED UNANIMOUSLY.

A RESOLUTION ESTABLISHING A UNC LAND USE PLAN ADVISORY COMMITTEE (94-9-26/R-1)

WHEREAS, the University of North Carolina at Chapel Hill has stated its intent to prepare land use plans to serve as a future guide to development of University lands; and

WHEREAS, University Chancellor Paul Hardin has suggested that a collaborative and cooperative process be put in place as part of preparation and review of plans;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council establishes an Advisory Committee to work with the University and its consultants, and serve as a liaison between the University land use planning initiative and the Chapel Hill Town Council.

BE IT FURTHER RESOLVED that the composition and charge of the Advisory Committee be established as follows:

Composition of the Committee not to exceed nineteen (19) members to be appointed by the Council, which may include:

- 2-3 members of the Chapel Hill Town Council;

- 1-2 members of the Chapel Hill Planning Board;

- 1 member of the Chapel Hill Transportation Board;

- 1-2 citizens with special interest/expertise in the Horace Williams tract;

- 1-2 citizens with special interest/expertise in the Mason Farm tract;

- 6-9 citizens representing neighborhood, environmental, and other community interests

- 2-3 members of the Carrboro Board of Aldermen or citizen representatives

- 1-2 members of the Botanical Garden

Charge of the Committee:

- Develop a set of Principles, including community interests, Goals and Objectives to guide the Council's deliberations with UNC regarding development of the Horace Williams and Mason Farm tracts.

- Provide advice to the Council about ways to incorporate these Principles, Goals and Objectives into the Council's ultimate zoning and ordinances for the Horace Williams and Mason Farm tracts.

- Provide input to the University about these Principles, community interests, (including environmental, social and economic impacts on the Town), Goals and Objectives that should be considered as UNC's plans are prepared.

- Keep the Council informed on a monthly basis about work in progress.

- Establish a process for the stated time period and identify points in the process where Public Hearings and Forums would be appropriate, to be able to bring information to the attention of the community and provide opportunity for citizen comment.

- Prepare recommendations for the Council's consideration regarding plans that are prepared.

BE IT FURTHER RESOLVED that the Council expresses its intent to make appointments to this Advisory Committee on October 24, 1994.

This the 26th day of September, 1994.

Council Member Capowski said the Council should announce a deadline for applications, since the Council had announced that appointments would be made at the October 24th meeting. Mayor Broun said he would appoint a committee of three Council Members to screen the applicants and he would accept volunteers from the Council.

Mr. Karpinos stated that the open meetings law would require that this committee meet in public and notes be made available for public inspection. Mayor Broun concurred.

There was a consensus that a Mayor's Committee would be appointed to screen applicants and conduct interviews if necessary.

Council Member Chilton said the Council should continue to accept applications until the October 24th meeting, as long as it is made clear that the Mayor's committee would not be able to screen late arriving applications.

Mayor Broun asked the Council to let him know if they wanted to serve on the committee to screen applicants or on the UNC Land Use Plan Advisory Committee.

Item 5 Evaluation of Downtown Trolley Service

Mr. Horton stated that a lot of time had been spent in evaluating the present trolley system. He noted that the Downtown Commission and the Chapel Hill-Carrboro Visitor's Bureau had worked hard to prepare a good trolley marketing plan. Mr. Horton suggested that a survey and evaluation process of the trolley be undertaken in the fall and following spring. He noted that the total cost for the two surveys would be less than $1,000.

Mayor Broun stated that he was most impressed with Ms. Green's comments on the two questions regarding getting businesses and citizens in general interested in use of the trolley service.

COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION R-2. THE RESOLUTION WAS ADOPTED UNANIMOUSLY.

A RESOLUTION AUTHORIZING AN EVALUATION OF THE DOWNTOWN TROLLEY SERVICE (94-9-26/R-2)

BE IT RESOLVED by the Town Council of Chapel Hill that the Council authorizes the Manager to conduct an evaluation of the downtown trolley service as described in the Manager's report of September 26, 1994, on this matter.

This the 26th day of September, 1994.

Item 6 Audubon Road Right-of-Way Closure

Mr. Horton noted that Joe Rowand, a resident of Audubon Road, had previously petitioned the Council to assist with the closure of a right of-way to allow only pedestrian bicycle and public service vehicle access on a portion of Audubon Road. He stated that the Council had asked staff to move forward quickly on this matter. Mr. Horton said he recommended adoption of ordinance 1.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER WALDORF, TO ADOPT ORDINANCE O-1.

Council Member Chilton asked whether it was necessary to hold a public hearing on the proposed ordinance. Mr. Horton said no hearing was needed in this case.

Council Member Protzman noted the need for future greenways parking in the area. He inquired whether the proposed closure would preclude the parking of cars in the area. Mr. Horton said this was correct.

Council Member Evans said she was concerned with limiting access to the park adjacent to Audubon Road. She asked whether there was a way to proceed this evening while reserving future access. Mr. Karpinos said the proposed ordinance could be repealed at any time by Council action.

ORDINANCE 1 WAS ADOPTED UNANIMOUSLY (9-0).

AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES

(94-9-26/0-1)

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

SECTION I

That the following new section is included in and made a part of Chapter 21 of the Town Code of Ordinances:

Section 21.7.3. Restricted right-of-way

The following right-of-way is herewith restricted to use by pedestrians, bicycles, and public service vehicles only.

Right-of-way	From	To
Audubon Road	The south side of Clayton Road.	Its terminus at the Town's Pritchard Park property line.

SECTION II

That this ordinance shall become effective immediately upon adoption by the Council.

SECTION III

That all ordinances or portions of ordinances in conflict herewith are hereby repealed.

This the 26th day of September, 1994.

Item 7 Library Services on Town Holidays

Mr. Horton said this matter was a policy matter regarding whether the library should remain open on holidays except for Thanksgiving and Christmas. He stated that a related issue concerned the operation of the two Parks and Recreation community centers, which currently operated on all holidays except Christmas. He said if this practice were terminated a savings of $2,900 could be realized.

Mr. Paul Farel said visiting the library was an important experience for all persons. He said since many parents had a limited amount of time to spend with their children, the library was a great place to spend this time. Mr. Farel said holidays were a time when parents had time off to spend with their children. He also stated that it was the responsibility of the library staff to respond to the needs of the community and not compare the Town to other communities who closed their libraries on holidays.

Zora Rashkis, Chair of the Library Board of Trustees, said the Board felt that the library should be closed on regular Town holidays, as was the practice of other nearby libraries. She stated that the Board and many library staff members agreed with this proposal. She said the Board suggested that opening the library on nine additional holidays was both costly and unnecessary. Ms. Rashkis compared the library hours to the hours kept by other nearby libraries. She said that holidays were meant for families to spend time together and the library staff deserved to be with their families on these holidays. Ms. Rashkis asked that the Council consider closing the library on eight of the eleven recognized holidays observed by the Town.

Council Member Chilton said he felt it was inappropriate to make any more than necessary Town employees work on a holiday. Council Member Chilton also stated that he personally agreed with many points made by Mr. Farel. He suggested that the library could be closed on holidays which were not followed by a school day.

Council Member Powell agreed with the Library Board of Trustees that the library should be closed on all Town holidays, saying she felt it was unfair to compare the library with other departments.

Council Member Pavão stated that the Council appointed boards and commissions to advise the Council and the Library Board had asked the Council to close the library on holidays, while the Parks and Recreation Commission requested that the community centers be kept open on most holidays. Mayor Broun agreed stating that although Mr. Furrell had made a number of valid point, the Library Board was formed to advise the Council.

Council Member Capowski moved that Resolution R-4 be adopted, with an amendment stating that the library be open on those holidays that preceded a school day for Chapel Hill-Carrboro Schools. Mr. Karpinos said it might be easier to state specific holidays in the proposed resolution. Council Member Chilton said these holidays would be the Martin Luther King Day, Memorial Day, and Labor Day holidays.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER WALDORF, TO ADOPT RESOLUTION R-4 AS AMENDED. THE RESOLUTION WAS ADOPTED BY A VOTE OF 5 TO 4, WITH COUNCIL MEMBERS CAPOWSKI, WALDORF, CHILTON, PROTZMAN AND EVANS VOTING YES, AND COUNCIL MEMBERS POWELL, PAVAO, BROWN AND MAYOR BROUN VOTING NO.

A RESOLUTION TO CONTINUE TO OPEN THE LIBRARY ON HOLIDAY AFTERNOONS, EXCEPT FOR THANKSGIVING DAY AND CHRISTMAS DAY (94-9-26/R-4a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Library shall be open for four hours on the afternoons of Town holidays except for Thanksgiving Day and Christmas Day, as follows: Martin Luther King Day, Memorial Day and Labor Day holidays.

BE IT FURTHER RESOLVED that the Manager shall monitor use of the Library on holidays.

This the 26th day of September, 1994.

Item 8 Youth Committee of the Violent Crime & Drug Abuse Program

Mr. Horton stated that the committee had been working diligently and was asking the Council to adopt a resolution endorsing the recommendations noted in the staff's memorandum to the Council.

Council Member Capowski stated that the proposal was to have youths visit Hillsborough. He asked whether the Town would be providing bus transportation to Hillsborough. Mr. Horton stated that this was a joint effort with the Town of Carrboro and Orange County.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO ADOPT RESOLUTION R-5. THE RESOLUTION WAS ADOPTED UNANIMOUSLY.

A RESOLUTION ENDORSING THE RECOMMENDATIONS OF THE YOUTH COMMITTEE AND AUTHORIZING THE MANAGER TO HAVE THE STAFF WORK WITH THE STAFF OF CARRBORO AND ORANGE COUNTY TO IMPLEMENT THEM (94-9-26/R-5)

WHEREAS, the Youth Committee of the Violent Crime and Drug Abuse Program submitted a report with recommendations on March 4; and

WHEREAS, the Board of Aldermen of the Town of Carrboro has requested that the Chapel Hill Town Council endorse these recommendations and have its staff work with staffs of Carrboro and Orange County to implement them;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that it endorses the recommendations of the Youth Committee of the Violent Crime and Drug Abuse Program; and

BE IT FURTHER RESOLVED that the Council authorizes the Manager to have the staff work with the staffs of Carrboro and Orange County to implement them.

This the 26th day of September, 1994.

Item 9a Recognition of Retiring Advisory Board & Commission Members

Council Member Evans stated that the Town should publicly thank persons who had served on Council advisory boards and commissions.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO ADOPT RESOLUTION R-6. THE RESOLUTION WAS ADOPTED UNANIMOUSLY

(9-0).

A RESOLUTION TO ESTABLISH A POLICY TO RECOGNIZE THE SERVICES OF RETIRING MEMBERS OF TOWN BOARDS AND COMMISSIONS (94-9-26/R-6)

WHEREAS, the Town of Chapel Hill benefits greatly from the skills, experience, creativity, generosity, time and energies of hundreds of its citizens who serve on its boards and commissions; and

WHEREAS, the Town could not function effectively without the contributions of these civic-minded volunteers; and

WHEREAS, there has not been a consistent system of recognizing these important members of Town government when they leave a board or commission;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that board or commission members be recognized for their service to the Town at a regular Council meeting.

This is the 26th day of September, 1994.

Item 9b Interim Report of Special Committee on Public Housing-

Related Needs

Council Member Powell thanked the committee for their hard work. She said their charge was to find ways to improve the quality of life for public housing residents. Council Member Powell stated that three subcommittees were looking into many areas of public housing needs. Council Member Powell also said a subcommittee was working on a survey to assure that every resident would have a voice in what the committee was doing. She asked that the Council extend the committee's life until early 1995 so that their work could be completed in a timely fashion.

Item 10 Consent Agenda

Mayor Broun requested that item #10f be removed from the consent agenda for further discussion.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 7, ADOPTING THE CONSENT AGENDA, EXCEPTING ITEM 10f. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES

(94-9-26/R-7)

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

a. Minutes of August 22nd and 29th.

b. Designation of bank depository for Town funds (R-8).

c. Second reading of cable television franchise amendment (temporary extension) (O-2).

d. Disposition of library surplus property (R-9).

e. Funding for YMCA after-school day care program (R-10).

f. Public Housing Management Assessment Program certification (R-11).

g. Endorsing Chamber of Commerce plan to apply for Great American Downtown award (R-12).

h. Designation of Town representative for commenting on applications for State Alcoholic Beverage Control permits (R-13).

i. Award of contract for bus shelters (R-14).

This the 26th 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) (SECOND READING 94-9-26/O-2)

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)

A RESOLUTION DECLARING THE REMAINING FURNITURE AND EQUIPMENT IN THE OLD LIBRARY FACILITY SURPLUS AND AUTHORIZING AND DIRECTING THE DISPOSAL OF SAID PROPERTY IN ACCORDANCE WITH STATUTORY REQUIREMENTS (94-9-26/R-9)

WHEREAS, Article 12 of the General Statues 160A and Section 4.16 of the Charter of the Town of Chapel Hill authorizes the Town to dispose of surplus property; and

WHEREAS, the Town desires to dispose of certain items before renovation and occupancy of the old library facility by the Chapel Hill Day Care Center; and

WHEREAS, the Town wishes to support the efforts of Orange County governmental services whenever possible;

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

1. That the following items of Town property be transferred to Orange County:

QUANTITY ITEM

(1) One-seat wet carrel.

(3) Stacking microfilm cabinets.

(10) 2-drawer steel card catalog cabinets, 5" x 12" x 16"

(1) Single-sided walnut bookshelf, 12'L x 3.5'H.

(1) Two-seat love seat.

(20) Book ends.

(8) Sections of single sided metal shelving, 36"L x 90"H with book supports and end panels.

(10) Sections of single sided metal shelving, 36"L x 60"H, with book supports and end panels.

2. That the following items of Town property be declared surplus:

SHELVING

QUANTITY ITEM

(63) Sections of double sided metal shelving, 36"L x 90"H.

(14.5) Sections of single sided metal shelving, 36"L x 90"H.

(3) Sections of single sided metal shelving, 36"L x 60"H.

(27.5) Sections of single sided metal shelving, 36"L x 48"H.

(7) Single sided metal shelving, 36"L x 66"H.

(1) Utility metal shelf, 3'L x 3.5'H.

(1) Double sided walnut bookcase, 12'L x 5'H.

(2) Double sided walnut bookcase, 12'L x 3.5'H.

(1) Double sided walnut bookcase, 12'L x 4'H.

(1) Single sided pine shelf, 6'L x 6'H.

(2) Single sided pine shelves, 3'L x 8'H.

(2) Single sided pine shelves, 6'L x 6'H.

(1) Single sided pine shelf, 5'L x 8'H.

(3) Single sided pine shelves, 3'L x 6'H.

(3) Single sided pine shelves, 6'L x 6'H.

(22) Book shelf end panels.

EQUIPMENT, SUPPLIES, ETC.

QUANTITY ITEM

(1) Exterior book drop.

(16) Armless walnut desk chairs.

(1) Walnut arm chair.

(4) Cloth upholstered arm chairs.

(2) Rolling book bins with depressed platform bottoms.

(5) Rolling secretarial chairs.

(2) 3' rope queue units, including 3 stations.

(1) Four-seat study carrel.

(1) Walnut table, 3' x 5'

(2) Walnut tables, 40" x 40"

(1) 9'L index table, single-sided.

(7) 2-drawer steel card catalog cabinets, 5" x 12" x 16"

(1) Upholstered room divider, 10'L x 6'H.

(2) Magazine storage cubes, double sided, 36"H x 39"L.

(2) Double-tier plastic magazine carousel.

(1) Children's height walnut table, 4' diameter.

(4) Children's armless walnut chairs.

(1) Children's height walnut table, 3' x 5' surface.

(1) Children's double-tier record bin.

(1) Children's height circulation desk.

(1) Adult height circulation desk.

(2) Blue vinyl hassock

(1) Glass shelf w/o brackets, 51" x 5"

(2) Microform storage boxes.

(2) 16mm Bell and Howell movie projectors

(1) Allstate fiche reader

(1) Dukane Micromatic II

EQUIPMENT, SUPPLIES, ETC. (continued)

QUANTITY ITEM

(1) Quantor 307 fiche reader.

(1) Dukane microfilm reader.

(1) MicroDesign 4010 fiche reader.

(1) Texas Instruments printer.

(1) Imagewriter LR printer.

(1) Black sofa, 7'L.

(1) Coin counter

(8) Rolling book trucks with wheels.

(1) Rolling book truck w/o wheels.

(2) Step stools.

(1) Plastic wreath.

(2) Plastic floor mats.

(6) 3-ring binders.

(1) Computer key board.

(2) Bulletin boards.

(6) Waste baskets.

MISCELLANEOUS

-- Multiple book ends and book supports.

-- Library signage.

-- Carpet pieces.

-- Kitchen wares.

-- Pictures, with and without frames.

-- Phone sets.

-- Additional shelving parts.

-- Electrical raceways and wiring.

3. That the Purchasing Agent of the Town of Chapel Hill shall be and is hereby authorized to dispose of this surplus property in accordance with statutory requirements.

4. That the public auction is to take place on Tuesday, October 11, 1994 at 10:00 a.m. at the old library facility at 517 E. Franklin Street Chapel Hill.

5. That prior to the public auction the Purchasing Agent is authorized to dispose of any of this property by sales, lease, exchange, or transfer to other governmental units in conformity with NC General Statutes 160A-250.

6. That the terms of sale to Orange County shall be $1 for transfer of old library furniture and equipment.

7. That the terms of sale to all others shall be to the highest bidder for cash or other form of cash equivalent acceptable to the Purchasing Agent. All sales shall be designated final on the day of the auction.

8. That all items shall be sold on an "as is" and "where is" basis and the Town makes no guarantee of and assumes no responsibility for any of the items.

9. That it shall be condition of sale that all items purchased shall be picked up and removed from the premises of the old library facility by 3:00 on the day of the auction. Successful bidders shall bear the sole risk for loss of any items remaining on said premises past the designated time.

BE IT FURTHER RESOLVED that any surplus property not sold at the public auction or leased, exchanged or transferred to another governmental agency shall be sold by the Purchasing Agent by private negotiation and sale in conformity with the NC General Statute 160A-267.

This the 26th day of September, 1994.

A RESOLUTION COMMITTING FUNDS TO THE CHAPEL HILL - CARRBORO YMCA FOR THE AFTER SCHOOL DAY CARE PROGRAM AT THE PINE KNOLLS COMMUNITY CENTER (94-26-9/R-10)

WHEREAS, The Council of the Town of Chapel Hill has received a request from the Chapel Hill - Carrboro YMCA, requesting funds to continue operation of the After School Day Care Program at the Pine Knolls Community Center on Johnson Street; and

WHEREAS, this activity is eligible as a new public service activity according to the Community Development regulation issued by the Department of Housing and Urban Development;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council commits $10,000 1994-95 Community Development Block Grant Funds to be used for salaries, supplies, insurance, a bus and driver, and pool time at the YMCA, as contained in the proposal dated July 8, 1994.

BE IT FURTHER RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to negotiate and execute a contract between the Town of Chapel Hill and the Chapel Hill - Carrboro YMCA.

This the 26th day of September, 1994.

A RESOLUTION ENDORSING PLANS OF THE CHAMBER OF COMMERCE TO APPLY FOR A GREAT AMERICAN DOWNTOWN AWARD (94-9-26/R-12)

WHEREAS, the downtown area of Chapel Hill and the adjacent Town of Carrboro is a focal point of the community's social, commercial and cultural activities; and

WHEREAS, many citizens including business people and citizens from the overall community have worked hard to enhance the quality of downtown Chapel Hill and Carrboro; and

WHEREAS, the work of these citizens and the overall community's support of the downtown area deserves recognition and praise; and

WHEREAS, the Mayor and Town Council's actions to strengthen the vitality of downtown Chapel Hill through:

* Construction of public parking facilities including the new East Rosemary Street parking deck and the landscaped public plaza on the top of the deck;

* Increased police patrols in the downtown area, including bicycle and foot patrols;

* The downtown Streetscape Plan for improvements to sidewalks, public rights-of-way and other public areas; and the first pilot project of these improvements in the summer of 1994;

* Increased street lighting; and

* Establishment of a Downtown Service District with supplemental services to downtown properties, including trolley service and promotion of downtown economic activity.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby fully supports the Chamber of Commerce's plans to apply for a Great American Main Street Award from the National Trust for Historic Preservation and Edward D. Jones & Company.

This the 26th day of September, 1994.

A RESOLUTION OF THE COUNCIL OF THE TOWN OF CHAPEL HILL, IN THE COUNTIES OF ORANGE AND DURHAM, REGARDING DESIGNATION OF AN OFFICIAL TO MAKE RECOMMENDATIONS TO THE NORTH CAROLINA ALCOHOLIC BEVERAGE CONTROL COMMISSION ON ABC PERMIT APPLICATIONS (94-9-26/R-13)

WHEREAS, G.S.18B-904(f) authorizes a governing body to designate an official, by name or by position, to make recommendations concerning the suitability of persons or locations for ABC permits; and

WHEREAS, the Council of the Town of Chapel Hill, wishes to notify the NC ABC Commission of its designation as required by G.S.18B-904(f);

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Chief of Police is hereby designated to notify the North Carolina Alcoholic Beverage Control Commission of the recommendations of the Town of Chapel Hill regarding the suitability of persons and locations for ABC permits within its jurisdiction.

BE IT FURTHER RESOLVED that notices to the Town of Chapel Hill, Counties of Orange and Durham, should be mailed or delivered to the official designated above at the following address:

Police Headquarters

828 Airport Road

Chapel Hill, NC 27514

This the 26th day of September, 1994.

A RESOLUTION AWARDING A BID FOR SIX BUS SHELTERS (94‑9‑26/R-14)

WHEREAS, the Town of Chapel Hill solicited formal bids by legal notice in The Chapel Hill News on August 14, 1994, in accordance with General Statute 143‑129; and

WHEREAS, the following bid was received and opened on August 23, 1994:

Vendor Unit Price Extended Price

Columbia Equipment

Jamaica, New York $3,885.00 $23,310.00

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council award the bid to Columbia Equipment Company, Inc. for six (6) Bus Shelters in the amount of $23,310.

This the 26th day of September, 1994.

Mr. Horton requested that Housing Director Tina Vaughn summarize the report on public housing management.

Ms. Vaughn stated that the item before them was a certification to the United States Department of Housing and Urban Development which was required on annual basis. She briefly highlighted the information presented to the Council in the staff's memorandum. Ms. Vaughn explained the unit vacancy figures and percentages, the vacant unit turnaround time, the turnaround time for emergency work orders, and other related items. Ms. Vaughn stated that security fencing had been added at the Craig-Gomains and Pritchard Park units to reduce foot traffic.

Dorcas Roberson, a public housing resident, stated that she had some questions regarding the staff's memorandum to the Council. She inquired about the nature of the Public Housing Management Assessment Program and what would happen if the Town did not receive a good rating from HUD. Ms. Roberson said she had knowledge that many emergency work orders were not completed within twenty-four hours as stated in the report. She also inquired about the criteria for inspections of public housing units.

Town Manger Horton said staff would be glad to respond to Ms. Roberson's concerns. Mayor Broun inquired when this might be completed. Mr. Horton responded that a report could be prepared for the October 10th Council meeting.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO REFER THE MATTER FOR PROVISION OF ADDITIONAL INFORMATION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 11 Information Reports

Council Member Brown inquired whether the Council was interested in pursuing other means to guarantee that lands would always be used for public purposes. She asked what means could be used and requested that the Town Attorney look into this matter. Mayor Broun said staff would present a report on these matter to the Council in October.

Council Member Brown asked whether there was any way the schedule for the maintenance of roads could be expanded to include more sidewalks. Mr. Horton said the Council could instruct that less money be spent on maintenance and more on sidewalks. Council Member Brown stated she would like to look into this possibility.

Council Member Evans agreed that this issue should be further examined. Mr. Horton said that the road network maintained by the Town was an enormous asset and if it was not properly maintained it could generate enormous additional costs related to deterioration from lack of maintenance. He suggested that staff could provide a follow-up report to the Council on roadway maintenance matters. Council Member Capowski concurred with Mr. Horton's suggestion. He stated that Town street maintenance should not be neglected.

There was no need for an Executive Session. The meeting concluded at 9:45 p.m.