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

OF CHAPEL HILL, NORTH CAROLINA, MONDAY, SEPTEMBER 11, 1995

Mayor Broun called the meeting to order. Council Members in attendance were Joyce Brown, Joe Capowski, Mark Chilton, Pat Evans, Barbara Powell, Jim Protzman and Rosemary Waldorf. Council Member Lee Pavao was absent excused. Also in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Planning Director Roger Waldon and Town Attorney Ralph Karpinos.

Noting that the Council had not been able to complete its evaluation of the Manager and Attorney in closed session, Mayor Broun noted that the Council would consider going back into closed session for this purpose at the end of this evening's meeting.

Item 3 Petitions

Myles Presler, representing the Interfaith Council's Employment Project, said there were few substance abuse treatment halfway houses in Orange County. Mr. Presler said his organization was interested in purchasing a house to serve as such a facility. Mr. Presler said he would be pleased to answer any questions from the Council about the proposed program.

COUNCIL MEMBER PROTZMAN MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO REFER THE MATTER TO STAFF. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Bill Davis, Interim President of the Alliance of Neighborhoods, submitted a petition requesting that the Town Council delay consideration of the Meadowmont development proposal until after the November Council elections.

Mayor Broun suggested that the request could possibly be placed on the Council's September 27th agenda to receive due consideration.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO RECEIVE THE ALLIANCE OF NEIGHBORHOODS' PETITION.

Mayor Broun said the matter involved a question of policy and political judgement. Council Member Chilton inquired whether any legal matters were involved with the request. Town Attorney Ralph Karpinos said he preferred to respond to this query at a later time. Mr. Karpinos said he believed that delaying the request for a few weeks would not cause any major difficulties.

Noting that a vote on the matter could occur on October 9th, Mayor Broun stated that the Council could determine whether or not to vote on the matter at that time.

Council Member Protzman said he believed the sitting Town Council should be responsible for voting on the proposal. He added that the matter could be tabled if the majority of the Council wished to do so.

Council Member Brown said she believed that citizens deserved to have some consideration in this matter. Mayor Broun suggested that the Council receive the Attorney's report prior to deciding whether or not to vote on the matter on October 9th. Council Member Waldorf said she thought this was a reasonable approach.

Mr. Karpinos said he could provide information to the Council either later in the week or at the public hearing on September 18th.

THE MOTION TO RECEIVE THE PETITION WAS ADOPTED BY A VOTE OF 7-1, WITH COUNCIL MEMBER PROTZMAN VOTING NO.

Martha Barker said she had been a victim of recent flooding along Bolin Creek. Ms. Barker stated that there had been no flood control improvements along Bolin Creek during the past eighteen years. She requested that the Town assist with flooding problems in the Brookwood and Camelot communities.

Sean Condon stated that he had lived in the Brookwood community since 1986 and had experienced two very serious flooding incidents during this time. He expressed concern that there were serious drainage problems in the area. Mr. Condon requested that the Town dredge Bolin Creek to mitigate future drainage problems.

Margaret Leone said she found it very difficult to comprehend that the Town could not take steps to reduce the incidence of flooding problems along Bolin Creek. She requested that students, faculty and other area residents be made aware of flooding potential along Bolin Creek, especially in the Brookwood and Camelot communities.

Robert Malloy said flooding problems had been hanging over the Camelot community for a number of years due to an accumulation of negligence and indifference by community leaders. Mr. Malloy requested that flood control measures and assistance be provided in the future to area residents.

Diane Van de Brook expressed concern that area residents had been given poor or no directions about how to save clothing, furniture and other personal belongings. She stated that many such items had inadvertently been placed in junk piles.

Valerie Broadwell said she believed that some members of the Board of Adjustment had a cavalier attitude about the Town's regulations relative to flooding control. Ms. Broadwell said she believed that there was a fundamental disconnection between existing Town regulations and what was actually occurring on a daily basis. She stated that this evening's petitions had resulted from the fact that building should not have taken place in these areas.

Kevin Foy, a mayoral candidate and resident of a flood-prone area of the Town, said the Council had seen this evening the human traumas caused by flooding. He suggested that the Resource Conservation District Ordinance could be strengthened in the future to protect these areas. Mr. Foy said he thought it was the Town's responsibility to defend the Board of Adjustment's decisions in the courts. He urged the Council to rethink its policy of approving developments in the Resource Conservation District.

Council Member Capowski said he assumed the matter would be referred to staff. Mayor Broun stated that he highly recommended that the matter be referred to staff for a full analysis and follow-up options or suggestions. Council Member Capowski suggested the possibility of investigating the feasibility of constructing upstream flood control devices, possibly on the Horace Williams tract. Council Member Waldorf suggested that Town staff could confer with former Stormwater Management Committee member Art Werner about the possibility of engaging a Stormwater management study. She said this investigation could include a preliminary analysis of cost estimates, possibly being completed prior to the October 11th joint planning hearing.

Council Member Brown requested that the staff's follow-up report contain information about what the Stormwater Management Committee had done to date.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO REFER THE MATTER TO STAFF.

Mr. Horton said he believed that the staff could prepare a good follow-up report by October 11th, excepting estimated costs for Stormwater infrastructure. Council Member Powell inquired whether the staff's report would follow-up on the concerns of citizens expressed earlier in the meeting. Mr. Horton stated that staff would attempt to touch on all points raised by citizens in the follow-up report. Stating that he believed that the cause of the recent flooding was the result of significant environmental disturbances, Council Member Chilton said he was concerned that focuses tended solely to be on technological solutions.

THE MOTION TO RECEIVE AND REFER WAS ADOPTED UNANIMOUSLY (8-0).

Council Member Capowski asked staff to look into options to remedy an ad hoc parking lot at the corner of South Columbia Street near Manning Drive. Mayor Broun noted that there was no need to refer the matter.

Council Member Evans requested removal of item d from the consent agenda for discussion later in the meeting.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT THE CONSENT AGENDA, EXCEPTING ITEM D. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES (95-9-11/R-1)

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. Disposition of surplus property (R-2).

b. Budget amendment for household hazardous waste program (O-1).

c. 1995 Festifall street fair (street closings and parking restrictions (R-3 and O-2).

d. Prohibiting through truck traffic on South Graham Street (O-3).

e. Town Code change to conform with Charter amendment concerning Town Council vacancies (O-4).

f. Technical corrections to regulations regarding possession and consumption of alcohol on streets and sidewalks and certain other areas (O-5).

g. Calling public hearing for Wednesday, October 18, to receive citizens' comments on development of 1997-2003 metropolitan Transportation Improvement Program.

This the 11th day of September, 1995.

A RESOLUTION DECLARING 31 ITEMS OF PERSONAL PROPERTY TO BE SURPLUS AND AUTHORIZING AND DIRECTING THE SALE OF SAID PROPERTY BY ADVERTISED SEALED BID, PRIVATELY NEGOTIATED SALE, OR TRANSFER TO ANOTHER GOVERNMENTAL UNIT (95‑9‑11/R‑2)

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

WHEREAS, the Town desires to dispose of surplus personal property;

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

1. That the following items of personal property are hereby declared surplus.

16 1980 GMC RTS Coaches

12 1982 GMC RTS Coaches

2 1990 DODGE RAM Vans

1 1978 Bus Washer

2. That the Purchasing Agent of the Town of Chapel Hill shall be and is hereby authorized to dispose of this surplus personal property by advertisement of sealed bids and privately negotiated sale in accordance with the provisions of General Statute 160A‑268 and FTA grant regulations.

3. That the 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.

BE IT FURTHER RESOLVED that, if any of the surplus property is not disposed of by sealed bid or transferred to a governmental unit, the Purchasing Agent is hereby authorized to sell said surplus property by privately negotiated sale in conformity with General Statute 160A‑267.

This the 11th day of September, 1995.

AN ORDINANCE TO AMEND "THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1995" (95-9-11/O-1)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled "An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 1995" as duly adopted on June 5, 1995 be and the same is hereby amended as follows:

ARTICLE I

Current Revised

Budget Increase Decrease Budget

APPROPRIATIONS

LANDFILL FUND

Landfill Recycling $ 849,100 $45,000 $ 894,100

General

ARTICLE II

REVENUES

LANDFILL FUND

Appropriated Fund $ 552,350 $45,000 $ 597,350

Balance

This the 11th day of September, 1995.

A RESOLUTION TEMPORARILY CLOSING PORTIONS OF WEST FRANKLIN STREET, MALLETTE STREET, AND KENAN STREET FOR FESTIFALL, 1995 (95-9-11/R-3)

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 Street and Roberson Street and Mallette and Kenan Streets between Cameron Avenue and West Franklin Street on Sunday, October 1, or October 8, 1995, from 10:00 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 11th day of September, 1995.

AN ORDINANCE TEMPORARILY REMOVING PARKING FROM PORTIONS OF WEST FRANKLIN, MALLETTE STREET, AND KENAN STREETS FOR FESTIFALL, 1995 (95-9-11/O-2)

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

That on the 1st day of October or the 8th day of October, 1995 between the hours of 12:30 and 8:00 p.m., there shall be no parking on either side of West Franklin Street between Church and Roberson Streets and on Mallette and Kenan Streets between West 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 view 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 vehicles.

This the 11th day of September, 1995.

AN ORDINANCE AMENDING SECTION 2-24 OF THE TOWN CODE (95-9-11/O-4)

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

Section 1. That the Council hereby amends the first paragraph of Section 2-24 of the Town Code to read as follows:

Sec. 2-24. Provisions pursuant to the Charter and general statutes.

A vacancy in the Council which occurs in the first year of a four-year term of office, or during the portion of the second year which ends on the fortieth day before the next regular biennial Town election, third day before the end of the filing period for that office as provided by the General Statutes, shall be filled by appointment of the Town Council only until the next general election, at which time the candidate receiving the fifth highest number of votes (and, if necessary, the sixth, seventh and eighth highest number) shall be declared elected for the remainder of the unexpired term. A vacancy occurring at any other time shall be filled for the remainder of the term.

Section 2. This ordinance shall be effective upon adoption.

This the 11th day of September, 1995.

AN ORDINANCE AMENDING TOWN CODE REGULATIONS ON POSSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES (95-9-11/O-5)

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

Section 1.

Section 3-2 of the Town Code is hereby revised as follows:

"Sec. 3-2. Consumption of malt beverages or unfortified wine on streets, sidewalks, municipal parking lots or any real estate or buildings owned or occupied by the Town.

It shall be unlawful for any person who is not an occupant of a motor vehicle to consume malt beverages or unfortified wine on any street, sidewalk or alley; or in any municipal parking lot; or on the grounds of any public building of the town; or on any real estate owned or controlled by the town including but not limited to public parks, playgrounds, tot lots, recreational fields, tennis courts, or other athletic fields; or in any of the buildings owned by the town."

Section 2.

Section 3-3 of the Town Code is hereby revised as follows:

"Section 3-3. Possession of open containers of malt beverages and unfortified wines by pedestrians on streets, sidewalks, municipal parking lots or any real estate or buildings owned or occupied by the town.

It shall be unlawful for any pedestrian person who is not an occupant of a motor vehicle on any street, sidewalk or alley; or in any municipal parking lot; or on the grounds of any public building of the town; or on any real estate owned or controlled by the town including but not limited to public parks, playgrounds, tot lots, recreational fields, tennis courts, or other athletic fields; or in any of the buildings owned by the town to possess any open container of malt beverage or unfortified wine."

This the 11th day of September, 1995.

A RESOLUTION REQUESTING THAT THE PLANNING BOARD, TRANSPORTATION BOARD, GREENWAYS COMMISSION AND PARKS AND RECREATION COMMISSION PREPARE RECOMMENDATIONS FOR PROJECTS TO BE INCLUDED IN THE 1997-2003 CHAPEL HILL TRANSPORTATION PROJECT PRIORITY LIST (95-9-11/R-4)

WHEREAS, the Durham-Chapel Hill-Carrboro Urban Area has begun work on the development of the 1997-2003 Metropolitan Transportation Improvement Program; and

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

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

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Planning Board, Transportation Board, Greenways Commission 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 18, 1995 to receive public comment.

This the 11th day of September, 1995.

Item 5 Second Interim Report of UNC-Chapel Hill Planning Panel

Council Member Waldorf stated that the panel's second interim report involved fairly minor changes from the panel's first report in April. She also presented a brief overview of proposed changes to the report.

Dan Coleman suggested that the Town work more closely to elicit opinions from more citizens about long-range planning matters, especially people living closest to the Mason Farm and Horace Williams tracts. Mr. Coleman also suggested that the Council encourage the UNC-Chapel Hill Planning Panel to follow the planning principles espoused by Dwight Merriam at his recent seminar. He also said that the Town needed to encourage the University to return properties to the tax base whenever possible.

Paul Aloisio, representing the Orange-Chatham Sierra Club, requested that the UNC-Chapel Hill Planning Panel review a more complete list of environmentally sensitive areas on the Mason Farm and Horace Williams tracts.

Stating that a lot of good work had gone into the Planning Panel's report, Council Member Brown said citizens had given a number of thoughtful suggestions which should be considered by the panel. Council Member Brown requested that the Planning Panel review its charge and principles and goals and highlight these points. She also suggested that the Planning Panel hold a work session with the Council before going ahead with adoption of the proposed report.

Council Member Waldorf stated that goals detailed in the report were ideas and suggestions, which were intended to be illustrative. Council Member Waldorf said it was up to the Council whether or not to proceed this evening.

Council Member Protzman also said he disagreed with some points in the report, but that it was intended as an interim report. He stated that the report was intended as a starting point for a long-term planning process.

Stating that an exceptional group of citizens had worked on the panel and its report, Council Member Evans said she thought it was best that the Council not rehash the report and redirect the panel members. She suggested that the Council make its recommendations and forward them to the University as soon as possible. Council Member Evans also suggested that the Council not nitpick the report since it was only a preliminary draft.

Noting that he shared Council Member Brown's concerns, Council Member Chilton asked whether the Council should wait until the final report to have a serious discussion of principles and other matters.

Council Member Capowski said the preparation of the report had been a very public and long process, involving the input of many citizens. Noting that JJ&R Associates were preparing to present a preliminary report on September 21st, Council Member Capowski said he did not think that the Council could delay its input to the report.

Noting the importance of maintaining flexibility, Council Member Brown said the Council needed to be very careful about what development direction the report provided to the University. Council Member Waldorf stated that the Planning Panel would welcome the opportunity to review the report with the Council in the future.

COUNCIL MEMBER WALDORF MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 6. THE MOTION WAS ADOPTED BY A VOTE OF 7-1, WITH COUNCIL MEMBER BROWN VOTING NO.

A RESOLUTION AUTHORIZING FORWARDING THE UNC-CHAPEL HILL PLANNING PANEL'S SECOND INTERIM REPORT TO THE UNIVERSITY AS AN ADVISORY DOCUMENT FOR USE IN THEIR PLANNING PROCESS FOR THE HORACE WILLIAMS AND MASON FARM TRACTS (95-9-11/R-6)

WHEREAS, the UNC-Chapel Hill Planning Panel has prepared a Second Interim Report which provides goals and principles for the development of the Horace Williams and Mason Farm tracts; and

WHEREAS, the Town Council has received the Second Interim Report and endorses its recommendations;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes forwarding the UNC-Chapel Hill Planning Panel's Second Interim Report to the University as an advisory document for use in their planning process for the Horace Williams and Mason Farm tracts.

This the 11th day of September, 1995.

Item 6 Northwest Small Area Plan

Planning Director Roger Waldon noted that expansion of a proposed employment campus north of Eubanks Road was included in the proposed resolution as was realignment of "Road D", referenced at the August 30th public hearing on the Northwest Small Area Plan.

Council Member Brown requested that neighbors of the Neville tract be invited to the October 11th joint planning hearing. Mayor Broun said this could occur without a motion.

COUNCIL MEMBER WALDORF MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO ADOPT RESOLUTION 7. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION INVITING ORANGE COUNTY AND THE TOWN OF CARRBORO TO ATTEND A WORK SESSION ON THE JOINTLY-OWNED GREENE TRACT AND ALSO FORWARDING THE DRAFT NORTHWEST SMALL AREA PLAN TO ORANGE COUNTY AND THE TOWN OF CARRBORO FOR CONSIDERATION AT A JOINT PLANNING AREA PUBLIC HEARING (95-9-11/R-7)

WHEREAS, it is the Town Council's role to comprehensively plan for the Town and its future growth areas; and

WHEREAS, in 1989, the Council adopted a Comprehensive Plan for the Town of Chapel Hill and selected three smaller areas for further study; and

WHEREAS, on January 25, 1993, the Council established the Northwest Small Area Plan Work Group and charged it with the role of developing a Small Area Plan for the Council's consideration; and

WHEREAS, on December 20, 1994, the Northwest Small Area Plan Work Group recommended a Northwest Small Area Plan for the Council's consideration; and

WHEREAS, on March 1, 1995, the Council held a public hearing on the Recommended Plan; and

WHEREAS, on June 26, 1995, the Council received comments from the public hearing as well as written comments from advisory boards, citizens and other jurisdictions; and

WHEREAS, on August 30, 1995, the Council held a work session on the recommended Northwest Small Area Plan with representatives from Orange County and the Town of Carrboro; and

WHEREAS, the Greene Tract is jointly owned by the Town of Chapel Hill, Orange County and the Town of Carrboro;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council amends the draft Northwest Small Area Plan's Conceptual Land Use Plan and Road Network Plan Maps to (1) include a larger Employment Campus area north of Eubanks Road, and (2) to realign the recommended Road "D" to intersect with Homestead Road in the general vicinity of the existing Merin Road; and

BE IT FURTHER RESOLVED that the Council invites Orange County and the Town of Carrboro to attend a Work Session on the Greene Tract to be held at 5:30 p.m. on October 11, 1995; and

BE IT FURTHER RESOLVED that the Council forwards the Draft Northwest Small Area Plan to Orange County and the Town of Carrboro for consideration at a Joint Planning Area Public Hearing to be held at 7:30 p.m. on October 11, 1995.

This the 11th day of September, 1995.

Items 7 and 7.1 Suggested Gun Sculpture Processes

Council Member Brown said she believed that the Council needed to reopen the matter for more public input. Noting that she proposed that the Council hold a public hearing, Council Member Brown said the hearing's purpose would be to determine whether the proposed piece of sculpture should be displayed on Franklin Street. Council Member Brown said she believed that the Council, rather than the Public Arts Commission, was the proper body to receive public comments on the proposed sculpture.

Mayor Broun said he was willing to hold the Council's recent action in abeyance, pending an artist's presentation and public hearing held by the Public Arts Commission. He added that the Council could direct the Commission to make a report to the Council on the Commission's public hearing.

Noting that some local residents had been greatly traumatized by the recent shootings in the Franklin & Henderson Street area, Dan Coleman said he was saddened to have read in a local newspaper about one of the Town's elected officials taking a dismissive attitude about this situation. Mr. Coleman said he implored the Council to hold a public hearing to determine where the proposed sculpture might be sited. He also suggested that the Public Arts Commission could provide a report to the Council, outlining two or three possible locations for the sculpture. Mr. Coleman said he hoped the Council would hold a public hearing to expand the sculpture location review process.

Fred Meier said he was one of the instigators of the "Buy Back the Hill" program in 1994. Mr. Meier stated that the proposed sculpture was a peace memorial to commemorate those who had lost their lives in recent shooting incidents in the downtown area. Mr. Meier also expressed his personal support of the proposed art object and its proposed location to serve as a reminder of recent horrible events in the community.

Josh Gurlitz said he believed the community should be thankful to the Public Arts Commission for handling the gun sculpture matter in a very careful and professional manner. Mr. Gurlitz stated that the proposed pieces were of great artistic merit. He also said that the sculpture's artist was providing the work at a very good price. Mr. Gurlitz urged the Council to proceed with the Mayor's proposed course of action in this matter.

Noting that she had initially served on a subcommittee of the "Buy Back the Hill" program, Diane Bloom stated that the subcommittee had received proposals from eight artists concerning possible gun sculpture concept projects. She stated that one proposal in particular, turning guns into plowshares, captured the program's concept of making disabled guns into peaceful objects. Ms. Bloom expressed concern that the proposed sculpture was more of a memorial to violence than to peace. She urged the Council to hold a public hearing on the proposed gun sculpture, the Town's first major piece of outdoor artwork.

Nancy Preston said she hoped that the Council would uphold its previous vote on the proposed gun sculpture project. Ms. Preston said that the Public Arts Commission had been working since last February to invite public comment on the proposed use of disabled guns to construct an art object. Ms. Preston said she hoped that the Council would support the Mayor's resolution, directing the Public Arts Commission to hold a public presentation and forum

on the gun sculpture proposal.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 8.

Council Member Brown said she believed that the Town Council was the appropriate body for holding a public hearing on the matter, in concert with recommendations from the Public Arts Commission.

Council Member Chilton stated that the topic was very difficult and sensitive. He also said that even if characterization of the proposed sculpture as being oppressive or negative were true, this was perhaps part of the cathartic nature of the piece. Council Member Chilton said it was very important for all interested parties to walk away from the process feeling that they had had a fair opportunity for making their opinions known. Council Member Chilton also stated that he believed that the Council had made a procedural error two weeks ago when it chose to act too expeditiously on the matter. He stated that following a public hearing, the Council could decide on whether to give the Town's consent to locating the proposed sculpture in the right-of-way of Franklin Street.

Stating that he resented the implication of a previous speaker about his alleged insensitivity to violence in the community, Council Member Protzman said he would not support rescission of the Council's earlier action on the matter. Council Member Protzman also said he believed that Council Members were elected to be the Town's leaders, serving as visionaries in setting direction and making decisions for residents of the community.

Council Member Protzman stated that the proposed gun sculpture would make a very extraordinary statement about non-violence and peace. He also said that the proposed sculpture would bury the guns used in the piece forever. Council Member Protzman strongly encouraged the Council to stay its previous course on this matter.

Noting that he rarely looked back on his previous voting decisions as a Council Member, Council Member Capowski said he had recently reflected on his vote about whether or not to hold a public hearing on the proposed gun sculpture. Council Member Capowski said he did not think that it was possible to hold a public hearing on the proposed subject matter and location of the piece without rescinding the Council's previous action on the matter. Council Member Capowski stated that the public hearing should be held before the Council, rather than the Public Arts Commission.

Council Member Waldorf inquired about the process for reconsideration of a matter by the Council. Mr. Karpinos stated that a motion to reconsider would have to be made by a Council Member who had voted affirmatively on the Council's prior action on the matter.

Stating that community residents were eager for information and to hear other's points of view, Council Member Waldorf said it was very important for people to have an opportunity to view models of the proposed sculpture and to hear from the object's artist. Council Member Waldorf said she believed it was best for the Public Arts Commission and the Town Council to receive citizen comments and information from the artist at a joint meeting, as suggested in the Mayor's proposed resolution.

Council Member Evans stated that the Public Arts Commission had tried very hard to get the public involved in the process for developing a piece of art using disabled guns. Noting that she concurred with Council Member Waldorf's observations in this matter, Council Member Evans said the Public Arts Commission could hold a public forum, with Council Members attending if they wished to do so.

Council Member Brown said her proposed Resolution (R-8) did not preclude participation by the Public Arts Commission. Council Member Brown said her primary goal was to have an open and public process. Citing the Town's rich tradition of democratic process, Council Member Brown said it would be a serious error in judgement not to have a public hearing before the Council on this matter.

Noting that he favored having a public hearing on the matter, Mayor Broun said he would vote against Council Member Brown's resolution because he felt that it was best for the Public Arts Commission to hold the hearing on the proposal. Council Member Powell asked how the Council could be involved in the Public Arts Commission's hearing. Mayor Broun said he encouraged Council Members to attend such a forum to hear additional citizen comments on the proposal. Mayor Broun also stated that he did not see any need to rescind the Council's previous action on the matter. Council Member Waldorf said she thought it was best for the Public Arts Commission to hold a hearing on the matter, with the Council possibly hearing from additional speakers in the future.

Stating that she had the greatest respect for members of the Public Arts Commission, Council Member Powell said she could not dismiss citizen concerns expressed this evening. Council Member Powell said she would support Council Member Brown's proposed resolution.

ON A TIED VOTE OF 4-4, WITH COUNCIL MEMBERS BROWN, CAPOWSKI, CHILTON AND POWELL SUPPORTING THE MOTION, RESOLUTION 8 FAILED TO PASS.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER WALDORF, TO ADOPT RESOLUTION 8.1.

Council Member Waldorf proposed that the resolution be amended to not that Mayor and Council Members would be present at the Commission's hearing. Council Member Capowski noted that it was likely that concerned citizens would wish to address the Council following a hearing by the Public Arts Commission.

Noting that one Council Member was absent this evening, Council Member Brown said she would hesitantly support Resolution 8.1 in order to capture another opportunity for public participation in the process. Council Member Chilton said he also would be willing to vote in favor of Resolution 8.1. Stating that it was very important for the Council to receive public comments, Council Member Powell said she would support Resolution 8.1.

Stating that he had a different view of how leaders operated, Council Member Protzman suggested that the Council stand by its prior vote.

RESOLUTION 8.1 WAS ADOPTED BY A VOTE OF 7-1, WITH COUNCIL MEMBER PROTZMAN VOTING NO.

A RESOLUTION REGARDING A PROCESS FOR RECEIVING CITIZENS' COMMENTS ON THE PROPOSED GUN SCULPTURE (95-9-11/R-8.1)

BE IT RESOLVED by the Town of Chapel Hill that the Council authorizes the Public Arts Commission to hold a public hearing to receive citizens' comments on the proposed gun sculpture and to make further recommendations to the Council following such a hearing. The hearing process shall be substantially consistent with the Mayor's proposal on this matter as submitted to the Council on September 11.

BE IT FURTHER RESOLVED that the Council will receive comments from citizens under normal procedures for business meetings when the Public Arts Commission makes its report to the Council after the Commission's public hearing.

This the 11th day of September, 1995.

Item 8 Calling Hearing on Proposed Renewal of Cable TV Franchise

Mr. Horton presented a thumbnail sketch of the Town's negotiations with Cablevision to date. He noted that Cablevision was willing to provide funding of $20,000 per year for three years to enhance citizen access to cable television programming. Mr. Horton also stated that the proposed new cable channel lineup would offer the same program services as offered by Cablevision in Raleigh and Durham. He noted that good faith negotiations could be reopened by either party in the future.

Mr. Horton said he recommended that the Council hold a public hearing on the proposed cable franchise renewal on October 2nd, with notices of the proposed hearing being mailed in late September. He stated that it was possible that the new cable franchise agreement could possibly be in place by January 31, 1996.

Stating that Mr. Horton had done a very good job of describing results to date, Council Member Capowski commended Town Attorney Ralph Karpinos, Mr. Horton, Assistant to the Manager Greg Feller and Attorney advisor Adrian Herbst for their assistance in negotiating the agreement to its current state. Council Member Capowski said he believed that the proposed franchise agreement significantly increased cable programming opportunities for the University of North Carolina and area schools. Noting that the proposed franchise agreement was non-exclusive, Council Member Capowski said he welcomed the opportunity for competitors to enter the marketplace.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO ADOPT RESOLUTION 9.

Stating that earlier today the Council had received a letter from a citizen expressing concern about public access, Council Member Brown asked whether there would be an opportunity to incorporate changes in the franchise document after the proposed public hearing. Mr. Horton said he believed that if there were any substantive changes arising from the hearing, the Council would likely direct staff to continue negotiations with Cablevision on these points.

RESOLUTION 9 WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION CALLING A PUBLIC HEARING FOR OCTOBER 2, 1995 ON A PROPOSAL FOR RENEWAL OF A CABLE TELEVISION FRANCHISE AND REQUESTING COMMENTS FROM THE CABLE TELEVISION ADVISORY COMMITTEE ON THE RENEWAL PROPOSAL (95-9-11/R-9)

BE IT RESOLVED by the Town Council of Chapel Hill that the Council hereby calls a public hearing at 7 pm on Monday, October 2, 1995 in the Council Chamber at Town Hall, 306 North Columbia Street, to receive citizens' comments on proposed terms and conditions of cable television franchise renewal as set forth in draft documents submitted to the Council on September 11, 1995.

BE IT FURTHER RESOLVED that the Council refers the proposed franchise renewal agreement and regulatory ordinance to the Cable Television Advisory Committee and requests the Committee's comments by the time of the public hearing.

This the 11th day of September, 1995.

Item 9 Emergency Water Service Connections Between OWASA and

Chatham County

Mr. Horton presented an overview of the proposal, noting that it applied to emergency situations only, as agreed to by the Town.

He stated that the Town of Hillsborough had made similar arrangements with the Town of Chapel Hill in emergency situations. Mr. Horton said staff recommended adoption of Resolution 10.

Council Member Capowski inquired about restrictions relative to non-emergency uses. Mr. Karpinos said there was no guarantee that changes to the contract might not occur in the future.

Council Member Brown inquired whether other Council Members shared her concern that adoption of the proposed resolution might open up the possibility of Chatham County requesting provision of extra water for new developments.

Council Member Waldorf said it would be helpful for staff to provide background on what would trigger emergency water supply reciprocal agreements. Mr. Horton stated that this would involve times when lives were in peril or there was some other emergency need. Stating that only emergency situations were involved, Council Member Waldorf said she thought the proposal was a good idea.

Council Member Chilton said he concurred with Council Member Waldorf that it was a good idea to move ahead on the matter, given its potentially advantageous nature for the Town in the future (in times of water emergency needs).

Council Member Evans stated that interjurisdictional cooperation in times of emergencies was particularly important. Noting that she favored the proposal, Council Member Evans said it was important to develop better relations with Chatham County on many fronts, including water supply emergency situations.

Council Member Brown asked whether any costs to ratepayers were involved. Mr. Horton said the OWASA Board of Directors could report back to the Council on this element. Council Member Brown inquired whether there was any way for the Council to have a more active role in this matter. Mr. Horton said the Council could ask Town representatives on the board to act in accordance with the Council's wishes in the matter.

COUNCIL MEMBER WALDORF MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO ADOPT RESOLUTION 10.

Council Member Protzman inquired whether the Council should hold a public hearing on this proposal. Mr. Horton said either the Council or the OWASA Board could hold a public hearing on the proposal. Mayor Broun said he believed that if a hearing were held, it would be best for OWASA to do so. Council Member Waldorf suggested adding the words ", prior to such an agreement's ratification" at the end of the proposed language. The motioner concurred with the proposed amendment.

RESOLUTION 10, AS AMENDED, WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION SUPPORTING IN PRINCIPLE THE CONNECTION OF THE ORANGE WATER AND SEWER AUTHORITY AND CHATHAM COUNTY WATER SYSTEMS FOR THE PURPOSE OF EMERGENCY ASSISTANCE (95-9-11/R-10)

BE IT RESOLVED by the Town Council of Chapel Hill that the Council (1) supports in principle the future connection of the OWASA and Chatham County water systems for emergency service purposes only and (2) requests, if a proposed agreement between the Authority and Chatham County is developed, that copies be provided to the Council for further comment "prior to such an agreement's ratification."

This the 11th day of September, 1995.

Item 10 Resolution Endorsing Joint Meeting of Chapel Hill

and Carrboro Transportation Advisory Boards

Council Member Waldorf said she was introducing the resolution in Council Member Pavao's absence. Council Member Waldorf stated that the resolution suggested a joint meeting of the two Transportation Boards for intergovernmental planning purposes.

She inquired whether the Council should ask the two boards to also discuss the proposed Northwest Small Area Plan at the proposed joint meeting. Mayor Broun said this was a good idea. Noting the attendance of Transportation Board Chair Richard Franck at this evening's meeting, Mayor Broun said he hoped the two boards would also discuss the proposed Northwest Small Area Plan.

COUNCIL MEMBER WALDORF MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 11. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION REQUESTING A JOINT MEETING OF THE TOWN OF CARRBORO TRANSPORTATION ADVISORY BOARD AND THE TOWN OF CHAPEL HILL TRANSPORTATION BOARD TO DISCUSS COMMITTEE REPORTS AND RECOMMENDATIONS DEVELOPMENT IN THE PLANNING PROCESS FOR THE HORACE WILLIAMS AND MASON FARM TRACTS (95-9-11/R-11)

WHEREAS, the Towns of Carrboro and Chapel Hill have mutual interests in the future planning, use and development of the Horace Williams Tract, which is partly within the jurisdiction of each Town; and

WHEREAS, the Chapel Hill Town Council desires to share information, concerns and objectives with the Town of Carrboro regarding planning for the Horace Williams and Mason Farm Tracts, as one of many areas of shared interest;

NOW, THEREFORE, BE IT RESOLVED that the Council of the Town of Chapel Hill proposes and requests to the Board of Aldermen of the Town of Carrboro that the Transportation Advisory Board of Carrboro and the Transportation Board of Chapel Hill meet jointly at a time to be determined by the Mayors of the two Towns and the Chairs of the Transportation Advisory Board and Transportation Board to discuss transportation planning and related items regarding the Horace Williams and Mason Farm tracts and in particular the reports and recommendations developed by relevant committees in each Town.

BE IT FURTHER RESOLVED that the Council proposes that such a joint meeting, if agreed upon by the Towns, be held after the University's meeting with the Johnson, Johnson and Roy consultants in September, 1995.

BE IT FURTHER RESOLVED that the Council authorizes the Mayor on behalf of the Council to make the request for the joint meeting to the Town of Carrboro.

This the 11th day of September, 1995.

Item 11 Designation of Council Voting Delegates & Alternates for

NCLM and NLC Annual Meetings

Noting that he had previously served as the Council's delegate at the NCLM meeting, Mayor Broun said he would be willing to do so again. Council Member Brown indicated her willingness to serve as the alternate delegate. Council Member Chilton noted that Council Member Powell had indicated her willingness to be the Council's voting delegate at the National League of Cities conference.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO ADOPT RESOLUTION 12, DESIGNATING MAYOR BROUN AS THE COUNCIL'S VOTING DELEGATE AND COUNCIL MEMBER BROWN AS THE ALTERNATE VOTING DELEGATE AND FURTHER DESIGNATING COUNCIL MEMBER POWELL AS THE COUNCIL'S VOTING DELEGATE AT THE NATIONAL LEAGUE OF CITIES CONFERENCE. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION DESIGNATING VOTING DELEGATES AND ALTERNATE VOTING DELEGATES OF THE NORTH CAROLINA LEAGUE OF MUNICIPALITIES' ANNUAL MEETING AND THE NATIONAL LEAGUE OF CITIES' CONGRESS OF CITIES (95-9-11/R-12)

BE IT RESOLVED by the Council of the Town of Chapel Hill that Mayor Kenneth S. Broun is hereby designated to be the voting delegate and Council Member Joyce Brown is hereby designated to be the alternate delegate to the North Carolina League of Municipalities' 1995 Annual Meeting.

BE IT FURTHER RESOLVED that Council Member Barbara Powell is designated to be the voting delegate at the National League of Cities' 1995 Congress of Cities.

This the 11th day of September, 1995.

Item 12 Discussion of Consent Agenda Item 4d (South Graham St.)

Council Member Evans expressed concern that the Council might be creating another problem by moving truck traffic on to another street such as Cameron Avenue if the proposed ordinance were adopted. Stating that only a moderate volume of through truck traffic was involved, Town Engineer George Small said it was his professional judgement that adoption of the proposed ordinance was the best course of action by the Council. Noting the importance of traffic-calming techniques, Council Member Evans suggested that staff review the use of narrow streets such as Merritt Mill Road by truck traffic. Noting the importance of reasonably responding to neighborhood concerns, Council Member Powell said she favored adoption of the proposed ordinance. Council Member Capowski expressed his concurrence.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO ADOPT ORDINANCE 3. THE MOTION WAS ADOPTED BY A VOTE OF 6-2, WITH COUNCIL MEMBERS EVANS AND PROTZMAN VOTING NO.

AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES (95-9-11/O-3)

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

SECTION I

That Section 21-6.1 of the Town Code of Ordinances, "Bus and Truck Through Traffic," is amended by inserting the following therein, in appropriate alphabetical order:

It shall be unlawful to operate a bus or truck on South Graham Street except for local service vehicles and delivery trucks making deliveries and/or pickups to houses and businesses on the street; and for buses stopping for receiving or discharging passengers on the street.

SECTION II

This ordinance shall become effective on October 16th, 1995.

SECTION III

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

This the 11th day of September, 1995.

Mayor Broun noted that the Council needed to go back into closed session to complete the evaluation of the job performance of the Manager and Attorney. Noting the contentious nature of a portion of this evening's meeting, Council Member Chilton suggested delaying continuation of the session to another evening. Council Member Brown expressed her concurrence with this suggestion. Council Member Waldorf said she preferred to proceed with continuation of the session this evening.

COUNCIL MEMBER WALDORF MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO GO BACK INTO CLOSED SESSION TO COMPLETE EVALUATION OF THE JOB PERFORMANCE OF THE TOWN MANAGER AND TOWN ATTORNEY. THE MOTION WAS ADOPTED BY A VOTE OF 6-2, WITH COUNCIL MEMBERS BROWN AND CHILTON VOTING NO.

The regular meeting concluded at 9:29 p.m.