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

TOWN OF CHAPEL HILL, NORTH CAROLINA,

WEDNESDAY, SEPTEMBER 27, 1995, 7:00 P.M.

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

Item 1 Ceremony Recognizing Retired Board & Commission Members

Noting that citizen involvement in public policymaking matters was very important, Mayor Broun thanked the following retired board and commission members for their service to the Town: O. Theodore Blostein, Dianna Mazza and R. Harold White, Board of Adjustment; Bitty Holton, Greenways Commission; W. Woodrow Burns, Jr., Historic District Commission; Velma Perry, Housing & Community Development Advisory Board; Laura D. Thomas, Transportation Board; Scott T. Cain, Human Services Advisory Board; Zora Rashkis and Doris Wilson, Library Board of Trustees; Julie Andresen, Thomas McCurdy and Riley Wilson, OWASA Board; and George Snowden, Sr., Personnel Appeals Committee.

Also recognized but unable to attend were Billie Nagelschmidt and J. Dennis Sanchez, Appearance Commission; Howard Diamond and Elise Sloan, Board of Adjustment; Ann K. Wileman, Historic District Commission; G. Thomas Bulthuis and Robert Stipe, Design Review Board; Joyce Trout, Human Services Advisory Board; Nancy B. Williams, Parks and Recreation Commission; and Marianna Chambless and Eugene Ozasky, Planning Board.

Mayor Broun also introduced UNC-Chapel Hill's new Chancellor, Michael Hooker. Chancellor Hooker, in turn, introduced his newly appointed Chief of Staff, Elsen Floyd. Noting that he had graduated from the University in 1969, Chancellor Hooker said it was very nice to be back home. Chancellor Hooker also stated that he was looking forward to working with the Town Council and other local officials on a number of matters, including planning of the Horace Williams and Mason Farm tracts.

Item 2 Public Hearing on "Family" in Development Ordinance

Mr. Waldon said the purpose of the proposed amendment was to make language in the Development Ordinance consistent with recently adopted ordinances concerning domestic partnership. There were no citizen or Council comments on the proposed amendment.

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

Item 3 Petitions

Noting that the skateboarding facility matter was listed as an information report on this evening's agenda, Mayor Broun suggested that this matter could be referred to the Parks and Recreation Commission. Council Member Chilton inquired when it would be an appropriate time to receive public comments. Mr. Horton said staff could come back with specific proposals as directed by the Council. Mayor Broun said it was his informal understanding from speaking to School Board Chair Ken Touw that the School System was not recommending the proposed Culbreth Park site for a skateboarding facility. Council Member Protzman inquired about the next steps in the matter. Noting that there had been no formal communication from the Chapel Hill-Carrboro City Schools about the proposed facility in the Culbreth Park area, Mr. Horton said the next step was to hold a public meeting to receive comments on possible sites. He also stated that there had been no formal communications from the School District concerning the proposed Culbreth Park skateboarding facility.

Council Member Brown asked whether the School Board would be taking a formal vote on the possible Culbreth Park skateboarding facility. Mayor Broun said he did not know. He added that the matter of a skateboarding facility was not ripe for public comment this evening.

Charles Henage said he was concerned that kayaking classes held at the Community Center pool had resulted in damage to the pool facility. Mr. Henage noted that since he had forwarded a letter to the Council expressing his concerns, Parks and Recreation staff had taken steps to stop further damage to the pool. He also expressed concern that the kayaking class continued to be held at the Center instead of a youth swim practice which had formerly been held at this time. Mr. Henage requested that steps be taken to repair damage in the pool as soon as possible.

Council Member Brown thanked Mr. Henage for bringing the matter to the Council's attention.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO REFER THE MATTER TO THE MANAGER.

Council Member Powell inquired how the matter was being handled in terms of keeping the pool clean for swimmers. Council Member Chilton asked whether it was correct that the kayak rolling class operated wholly independent of the youth swim program. Mr. Horton said this was correct. Mr. Henage said the youth swimming program had been reduced from three to two sessions per week due to the kayaking class.

Joe Herzenberg said the Town's Board of Aldermen had been among the first communities in the nation to adopt legislation protecting gay persons. He also requested a small technical amendment to the part of the Town's Personnel Ordinance which includes these protections.

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

Gary Barnes, Parks and Recreation Commission Chair and representative, requested that funding be provided for the youth swim, youth tennis, youth volleyball, the pottery program and the senior citizen van trip program.

Parks and Recreation Commission Member Dianne Lemasters said the Commission had a strong sense of responsibility to maintain programs for interested participants. Ms. Lemasters also stated that the Commission realized that it was not the Council's intention to cancel programs such as youth tennis, volleyball or other programs. She requested that the Council reinstate as many effected programs as possible.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO RECEIVE AND REFER THE PARKS AND RECREATION COMMISSION'S PETITION.

Council Member Waldorf asked when staff could prepare a follow-up report and recommendation. Mr. Horton said this could be ready by the October 9th Council meeting.

Council Member Waldorf said it was bad public relations to cancel programs already listed in brochures. Stating that the Council tend to make a mess when it micromanaged, Council Member Capowski said he looked forward to having the opportunity to rectify the error. Council Member Brown requested that staff prepare a preliminary report on enrollment and registration for the outdoor nature program. Council Member Waldorf said this was a great idea. Noting that she agreed with the desirability of reinstating programs, Council Member Powell stated that she would like to see feasible and positive programs continued.

THE MOTION TO REFER WAS ADOPTED UNANIMOUSLY (9-0).

Council Member Evans requested that a letter from Claudia Cannady concerning the proposed gun sculpture be entered into the record of this evening's hearing. There were no objections from Council Members.

Transportation Board Chair Richard Franck said there were no new MPO construction funds as of October 1st for projects including sidewalks on Rosemary Street or bicycle paths along Estes Drive. He noted that planning funds for these and other projects would continue to be available. Mayor Broun said he had made some rather strong remarks to NCDOT officials on this matter.

Council Member Chilton stated that persons who were found guilty of the Town's recently enacted open container law were fined and considered to be misdemeanants with a criminal and arrest record. He requested that the Town Attorney look into the possibility of reclassifying offenses as infractions, tied to civil, rather than criminal, penalties.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO REFER THE MATTER TO THE MANAGER AND ATTORNEY.

Council Member Waldorf said she agreed that violations of the open container law should not be placed on a person's record. Noting that she had recently met with officers in the Community Oriented Policing (COP) Program and the Police Chief, Council Member Waldorf said the officers had indicated that the new regulation was very effective in improving safety in the downtown area and on public housing properties. She suggested that substantial fines remain in place.

THE MOTION TO REFER WAS ADOPTED UNANIMOUSLY (9-0).

Council Member Capowski thanked the staff for their work on automobile-related concerns on Raleigh Road and parking concerns at South Columbia/Manning. Noting that he had recently walked the proposed soccer field and school sites on the proposed Meadowmont property, Council Member Capowski said both sites were quite damp following a recent rain event and were marginal sites in his opinion.

Mr. Horton requested that agenda item #8.1 concerning the Northwest Small Area Plan be added to this evening's agenda. There were no objections from Council Members.

Item 4.1 Consent Agenda

Council Members requested removal of items e, f and h.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT THE CONSENT AGENDA, EXCEPTING ITEMS E, F AND H. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ADOPTING MINUTES AND VARIOUS RESOLUTIONS AND ORDINANCES (95-9-27/R-1)

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

a. Minutes of July 5th, August 26th, 28th and 30th.

b. Award of contract for purchase of leaf collection equipment (R-2).

c. Deleted.

d. Project ordinance for transportation planning grant (O-2).

e. Calling public hearing on development sustainability (R-3).

f. Referral to the UNC-Chapel Hill Planning Panel of a report on the workshop with consultant Dwight Merriam on September 9th (R-4).

g. Revisions to the Council's work plan (based on discussions at August 26th planning session) (R-5).

h. Requesting recommendations from the Historic District Commission by November 13th regarding protection of historic districts and related steps (R-6).

This the 27th day of September, 1995.

A RESOLUTION AWARDING A BID FOR THE PURCHASE OF THREE (3) VACUUM LEAF COLLECTORS (95-9-27/R-2)

WHEREAS, the Town of Chapel Hill solicited formal bids by legal notice in The Chapel Hill News on July 21, 1995, in accordance with G.S. 143-129 for three (3) vacuum leaf collectors; and

WHEREAS, the following bid was received and opened August 8, 1995:

Bid Unit Cost Total

Old Dominion Brush Co. $13,478 $40,434

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town accepts the bid of Old Dominion Brush Co. in the amount of $40,434 for three vacuum leaf collectors in accordance with G.S. 143-129.

This the 27th day of September, 1995.

AN ORDINANCE TO ADOPT A GRANT PROJECT ORDINANCE FOR A TRANSIT PROJECT (95‑9‑27/O‑2)

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

SECTION I

The project authorized is a Transit Planning Grant, more specifically known as a Federal Transit Administration Section 8 Grant, awarded through an agreement with the City of Durham. The project provides funds for transit planning activities.

SECTION II

The Manager of the Town of Chapel Hill is hereby directed to proceed with the implementation of the project within the terms of the grant agreement executed with the Federal Transit Administration, the North Carolina Department of Transportation, and the City of Durham and within the funds appropriated herein.

SECTION III

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

Section 8

City of Durham (FTA & NCDOT) $37,143

Town of Chapel Hill (local match) 4,127

Total $41,270

════

SECTION IV

The following amounts are appropriated for the project:

Section 8 Transit Planning

Administrative Costs $37,770

Travel 2,000

Supplies 500

Capital Equipment 1,000

Total $41,270

════

SECTION V

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

SECTION VI

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

This the 27th day of September, 1995.

A RESOLUTION ADOPTING A REVISED WORK PLAN FOR THE TOWN COUNCIL INCLUDING POSSIBLE NEW INITIATIVES TO BE DISCUSSED IN 1996 (95-9-27/R-5)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council adopts the attached revised work plan based on discussions at the August 26, 1995 planning session.

This the 27th day of September, 1995.

Mayor and Town Council's Work Plan

(Based on Planning Sessions on January 14 and August 26, 1995)

	Item	Initial Schedule	Status
1	Develop a budget with no increase in the property tax rate	During the budget process, fourth quarter of 1994-95	DONE
2	Examine marginally-used parks and recreation programs; process is to include Parks and Recreation Commission's recommendations to the Council	During the budget process, fourth quarter of 1994-95	DONE. Staff report with further evaluation of outdoor and nature program will be provided this winter.
3	Make recommendations on possible reductions in Library and Public Works services other than refuse collection	During the budget process, fourth quarter of 1994-95	DONE.
4	Examine costs and revenues of recycling programs	During the budget process, fourth quarter of 1994-95	Additional discussion to follow submittal of consultant's report on solid waste management.
5	Consider fee-based refuse collection	During the budget process, fourth quarter of 1994-95	PENDING. Recommendations to be submitted in the fall.
6	Report on user fees in general	During the budget process, fourth quarter of 1994-95	DONE. Several fee adjustments were adopted as part of the 1995-96 budget.
7	Request the Transportation Board to make recommendations to the Council on possible transit service reductions and fare/pass increases	During the budget process, fourth quarter of 1994-95	DONE. As indicated in the 1994-95 annual report, efficiency of the transit system as measured by passenger per mile has increased. (Future budget processes will include consideration of transit services and potential initiatives.)
8	Consider increasing downtown parking citations from $5 to $10	During the budget process, fourth quarter of 1994-95	DONE as part of budget decisions by the Council.
9	Request report from UNC regarding cost of their Point to Point transportation system	Third quarter, 1994-95	DONE. Discussed as part of the budget process.
10	Consider seeking authorization for impact tax	Third quarter, 1994-95	COMPLETED. The Council did not include this item in the 1995 legislative program.
11	If impact tax is not authorized, consider whether to enact impact fees	DELETED by the Council as discussed on August 26th.
12	Go forward with the process for Shaping Orange County's Future	Third quarter, 1994-95	IN PROCESS. Process and calendar adopted in June. (Funding shares to be resolved in the future.)
13	Review Mixed Use Zoning	Third quarter, 1995-96	Staff report summarizing the present Mixed Use zoning and outlining possible processes for considering options to be submitted as discussed by the Council on August 26. (Initial report done as part of staff report on Mixed Use aspects of the proposed Meadowmont development in the spring of 1995.)
14	Report on State law authorizing local requirements for environmental impact assessments for proposed new developments	Second quarter, 1995-96	FUTURE item (second quarter of 1996-97).
15	Evaluate community policing	Ongoing; report to Council in second quarter, 1995-96	PENDING item.
16	Promote awareness of speed limits	Ongoing; and especially in fall of 1995 as discussed by the Council	PENDING subject to release of federal grant funding. Council authorized in the spring and the State has approved a grant application for motor vehicle law enforcement.
16.1	Report on cost- effectiveness of automated traffic signal system	Timing to be determined based on progress in implementing new system.	ITEM ADDED based on discussion in August 26th planning session.
17	Discuss asking the voters to vote on a bond referendum for open space	Fourth quarter of 1994-95.	DONE. Staff report on process and potential timetables submitted on August 14th in response to request by the Council during the budget process. (See related item under possible new initiatives listed below.)
18	Talk with City School Board regarding a possible future southern site for an elementary school	At February 15 work session with the Board of Education	IN PROCESS. Status report on initial discussions submitted to the Council in the fourth quarter.
19	Schedule a planning session for a Saturday morning in August	August, 1995, as discussed by the Council.	DONE. Planning sessions in 1996 are scheduled in January and August as part of the Council meeting calendar adopted on August 28th.
20	Prepare a list of voice mail number for Town departments.		ADDED ITEM. DONE in September, 1995.
22	Report on when sidewalks will be built with funds now budgeted.	Third quarter, 1995-96	ADDED ITEM.
POTENTIAL NEW INITIATIVES (Discussion planned for January, 1996 planning session.)
A	Discuss potential for calling bond referenda on parks, open space, greenways, bicycle trails and affordable housing.
B	Pursue traffic calming; consider installing speed bumps on some roads. (Transportation Board will make recommendations to the Council on potential projects. Staff report to include cost estimates for small to large projects.)
C	Pursue means for increasing bus ridership including high-level discussions with the University; focus on regional transit at a smaller scale than that of the Triangle Transit Authority.
D	Seek safety improvements at intersection of Raleigh Road and Fordham Blvd.
E	Focus on issuing citations for bicycle safety violations.
F	Focus on building more sidewalks.
G	Give more emphasis to registering bicycles.
H	Look into expanding use of electronic mail, facsimile machines and other emerging technologies
I	Consider simplifying landfill operation.
J	Review costs of maintaining Town-owned land and opportunities to sell unused property.
K	Consider future use of Greene tract for affordable housing and other public purposes (Work session with Orange County and Carrboro governing boards scheduled for October 11).
L	Consider additions to Comprehensive Plan, such as curb and gutter standards, traffic calming guidelines and the report submitted on alternatives to single-occupant vehicles; and consider review of Development Ordinance.
N	Discuss responsibilities of the Town Council and staff.

Information reports b, e, g and h were removed from information reports for discussion at the end of the meeting.

Item 5 Follow-up on Museum Study Committee Recommendations

Presenting a brief overview of the Museum Study Committee's report recommendations and staff responses, Mr. Horton said his principal concern as the Town's business manager was addressing financial matters. He stated that the Town did not have any staff members with sufficient knowledge about museum operations to be able to answer all questions related to the proposal.

Mr. Horton said it was possible that museum operating costs might be somewhat higher than indicated in the report. He stated that the two basic options before the Council this evening were to engage a consultant to determine the feasibility of a museum or to choose not to pursue a museum facility in the former library building.

J.D. Ayer, 619 East Franklin Street, a thirty-eight year Town resident, said he endorsed the Museum Study Committee's recommendation to pledge the former library building for use as a Town museum. He also urged Council Members to visit the Chapel Hill Historical Society's redecorated headquarters in the former library building. Mr. Ayer stated that the community was rich in volunteer resources, especially retired persons. He also said that a significant amount of money had been pledged in a three-month period in support of making the Town museum project a self-sustaining operation. Mr. Ayer stated that it was critical to have a dedicated building in order to receive foundation and other donations for a Town museum.

Dave Worster, Co-Chair of the Victory Village Day Care Center Board of Directors, reiterated the Center's interest in using a portion of the former library building on a temporary basis, possibly through the end of 1997. Stating that the Victory Village Day Care Center had been in operation for over forty years, Mr. Worster also said that the Center fully supported the museum proposal.

Ken Jones said he had resided in the East Franklin Street neighborhood for forty-five years. He noted that when the original library building had been constructed, neighborhood residents had been assured that the building would always be used for community-wide purposes. Mr. Jones said he believed that a museum would be the best use of the building.

Hawley Oakes expressed his concurrence with Mr. Ayer's and Mr. Jones' remarks about the desirability of establishing a Town museum facility in the former library building.

Margie Pfaff, President of the Chapel Hill Historical Preservation Society, said the Society fully supported locating a museum in the former library building. Stating that momentum was important in the matter, Ms. Pfaff requested that the Council make a decision on the museum matter this evening.

Council Member Pavao, Council Liaison to the Museum Study Committee, said he agreed that the Council should make a decision on the matter this evening. Council Member Pavao also said the proposal should be as cost-neutral as possible to the Town. He stated that it was very important to commit the former library building for use as a museum so that the Committee could start fund-raising as soon as possible. Council Member Pavao also stated that he had a resolution to offer for the Council's consideration concerning the possible use of the former library building as a Town museum.

COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO ADOPT RESOLUTION 7C.

Stating that the Town did not need to commit funds toward a feasibility study, Mayor Broun said he supported Council Member Pavao's proposed resolution. He suggested that the matter be turned over to the museum advocates to pursue the establishment of a museum.

Stating that the community had a chronic and acute problem with a lack of day care services, Council Member Protzman said he was terribly disappointed with the proposed resolution. Noting that other Museum Committees did not have buildings committed prior to fundraising, Council Member Protzman said he did not understand why some Council Members favored giving occupancy of the building to the museum advocates. Noting that there was a pressing alternative community need being ignored, Council Member Protzman also stated that he hoped that the Council would not give a $1 million asset away this evening.

Council Member Waldorf inquired about the possibility of the building being used for joint purposes during the next 18-24 months. Council Member Pavao stated that many foundation grants required that an entire building with exhibits be in place in order to provide funding. Council Member Capowski asked whether it was correct that there was no hope of a day care center occupying the building if the proposed resolution were adopted. Council Member Pavao said it would not be possible to have an alternative use of the building if major funding were to be sought for the proposed museum.

Council Member Capowski inquired about the possibility of pledging the building for use as a museum as of a certain date. Council Member Pavao said many foundations required that the facility be dedicated to museum purposes. Council Member Evans asked about the possibility of having exhibits on the lower level of the building and the Victory Village Day Care Center temporarily on the upper level. Council Member Pavao said it was necessary to have a full-fledged facility in order to have good funding possibilities. Stating that some museums started small and grew, Council Member Evans said she was concerned about meeting other human needs such as the provision of day care services.

Noting that she was in no way opposed to day care center needs, Council Member Powell said the former library building was not the only option for Victory Village Day Care Center. She stated that the University needed to do more to meet its day care needs. Noting his support for Victory Village Day Care Center, Council Member Chilton expressed his concurrence with Council Member Powell's observation.

Council Member Capowski suggested postponing action on the matter for two weeks to give Council Members time to contemplate options.

Stating that the points made by Council Member Powell were valid ones, Council Member Brown said it was very important that the former library building be used for community-wide purposes. She also stated that the University needed to do its parts in addressing its day care service needs. Noting that a great, expensive museum was not required, Council Member Brown said she concurred with Council Member Pavao's proposed resolution. Stating that the proposed resolution asked the Town Manager to prepare an implementation plan for Council consideration, Council Member Chilton noted that the proposed resolution was not absolutely final.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO TABLE THE MATTER FOR TWO WEEKS. THE MOTION FAILED BY A VOTE OF 3-6, WITH COUNCIL MEMBERS CAPOWSKI, EVANS AND PROTZMAN VOTING YES.

Stating that he was afraid that the resolution proposed by Council Member Pavao would be adopted this evening, Council Member Protzman said he hoped that the Council would invite parents and interested others to comment at a hearing on the possibility of using a portion of the former library building for a day care center for a few years, rather than immediately dedicating the entire building for use as a museum facility.

Council Member Pavao said the Council had created the Museum Study Committee to examine the feasibility of a museum in the former library building. Noting that the Committee had recommended locating a museum in the building, Council Member Pavao said he believed that the Council needed to move forward on the matter this evening. Council Member Capowski asked whether the proposed resolution would preclude use of the former library building for uses other than a museum. Council Member Pavao said this was correct. Mayor Broun noted that the proposed resolution did not legally preclude day care uses. Council Member Chilton noted that staff would prepare a follow-up report for the Council's consideration of the matter. Council Member Capowski noted that in the longer term, he strongly advocated the establishment of a museum in the former library building. Mr. Horton noted that if the Council adopted the proposed resolution, staff would work with museum supporters to convey the right of use of the building under certain terms and conditions in a timely manner.

Council Member Pavao suggested adding language that the proposed museum would be a public building for public use. Mayor Broun said this did not need to be a part of the resolution since this was an underlying understanding of the resolution.

RESOLUTION 7C WAS ADOPTED BY A VOTE OF 7-2, WITH COUNCIL MEMBERS CAPOWSKI AND PROTZMAN VOTING NO.

A RESOLUTION ADOPTING A STATEMENT OF INTENT SUPPORTING THE REUSE OF THE FORMER LIBRARY BUILDING AS A FUTURE MUSEUM SITE (95-9-27/R-7C)

WHEREAS, the Council of the Town of Chapel Hill requested proposals for the reuse of the former library building at the Town's 523 E. Franklin Street facility; and

WHEREAS, the Council appointed a Museum Study Committee to analyze the use of this facility for a museum; and

WHEREAS, the Museum Study Committee has submitted both an Interim and Final report which identifies specific issues and costs associated with a municipal museum; and

WHEREAS, the Council of the Town of Chapel Hill desires to make a statement of intent supporting the reuse of the former library building as a future museum site; and

WHEREAS, a specific implementation plan is needed to carry out the recommendations of the Museum Study Committee;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Council does hereby state that the reuse of the former library building as a future museum site is the preferred use of that public facility and that the Town Manager is authorized to prepare an implementation plan in conjunction with museum supporters and to report back to the Council with recommendations for achieving that goal.

This the 27th day of September, 1995.

Item 6 Flooding-Related Concerns

Mr. Horton reported that a preliminary estimates for Town out-of-pocket costs related to the August 27th flooding incident were $43,000.

Town Engineer George Small said the National Weather Service had indicated that the storm event of August 27th was not a meteorologically significant event. He stated that the storm had created more water than the drainage system in some areas could reasonably handle. Mr. Small briefly reviewed maps of the Bolin Creek area. Stating a portion of the Bolin Creek watershed lay in Carrboro's Town limits, he noted that it was very important to include Town of Carrboro officials in examining drainage-related matters, such as regional stormwater, zoning and density control options. He also reported that the Army Corp of Engineers had expressed interest in performing a stormwater study of the Bolin Creek area. Mr. Small said staff would report back to the Council in the spring on impact statements relative to density controls.

Expressing the concern that snakes, ticks and raccoons frequented some areas along Bolin Creek, Margaret Leong said she did not think it was appropriate for young people such as Boy Scouts to clean up along the creek after floods. Ms. Leong also stated that it was very important for area residents to receive basic protections against flooding events.

Julie Andresen suggested that rental deeds for areas prone to flooding contain a clause disclosing this possibility. Mayor Broun said he believed this idea merited consideration and exploration.

Council Member Capowski inquired how the Town's flood plain restrictions in the Resource Conservation District differed from regulations in the Town of Carrboro. Mr. Horton said staff could research this matter further, if the Council wished.

Council Member Waldorf inquired whether the stormwater study associated with the Horace Williams and Mason Farm tracts would address the items referenced earlier by Mr. Small. Mr. Small said yes. Council Member Capowski inquired about the probability of the Corps Of Engineers studying the Bolin Creek drainage basin. Mr. Small said he thought the prospects were quite good.

Council Member Capowski requested staff to compare the Town's flood-related building restrictions to those in Carrboro. Mr. Horton said staff could prepare a report in outline form.

Council Member Waldorf said flooding-related concerns could possibly be discussed with the Town of Carrboro and Orange County at the October 11th work sessions. She also inquired whether the Town's stormwater management regulations were less stringent for subdivisions than other types of developments. Mr. Small said the requirements for commercial development, such as the need for detention basins, differed from residential developments. Council Member Waldorf asked whether an accumulation of several subdivisions could cause downstream flooding problems. Mr. Small said this was possible. Council Member Waldorf said the pattern of development needed to be examined in future stormwater-related studies. Mr. Horton stated that the Town did not have a clear commitment of when mapping of flood zones might be undertaken by FEMA (Federal Emergency Management Agency). Council Member Evans noted that she had participated in area stream clean-ups each of the last two years. Council Member Evans said it was important to pursue a stormwater/flood type study at a minimum. Mayor Broun stated that no Council action was needed on the matter.

Item 7 Status Report of Citizen's Energy Task Force

Council Member Brown said although the group was small, it was a dedicated one. She commended Task Force Members Martha Drake, Roger Hayes, Bill Welch and Jane Sharp and former member Art Dodd for their work. Council Member Brown also commended Bill Terry of the Public Works Department for his support of the Task Force.

Task Force Chair Jane Sharp presented the Task Force's report, noting that lighting retrofits had been completed at many Town buildings. She also stated that the Task Force had drafted a proposed energy conservation policy for the Town, with a number of Town departments being asked to appoint representatives to a Working Group on fine-tuning the guidelines. Ms. Sharp said the Task Force requested that the report be referred to the Manager for follow-up. Council Member Capowski inquired about the number of staff hours required for the proposed Working Group. Council Member Brown said she believed that staff could generate an estimate in this regard.

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

Mayor Broun thanked Council Member Brown for her work with the Task Force.

Item 7.1 Questions for OWASA Follow-Up

Council Member Brown said she had drafted a list of questions for forwarding to OWASA about a number of water and sewer-related matters. Council Member Brown also said she hoped that the Council would support a resolution forwarding these questions to OWASA.

COUNCIL MEMBER WALDORF MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 8. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION REQUESTING THAT THE ORANGE WATER AND SEWER AUTHORITY PROVIDE INFORMATION TO THE TOWN COUNCIL REGARDING THE WATER AND SEWER SYSTEMS AND CAPACITIES (95-9-27/R-8)

BE IT RESOLVED by the Town Council of Chapel Hill that the Council:

* Respectfully requests that the Orange Water and Sewer Authority provide information to the Council in response to the questions which Mayor pro tem Brown and Council Member Chilton submitted to the Council on September 27th; and

* Requests that the Authority provide an interim report or a final report by November 27, and a final report by January 16, 1996.

This the 27th day of September, 1995.

Item 8 Status Report of Orange County Economic

Development Commission

Commission Executive Director Ted Abernathy stated that Council Members Brown and Evans served on the Commission's Executive Board while Council Member Pavao served on the Orange County Visitors Bureau Board of Directors. He also noted that the Council would have an opportunity to comment on the Commission's Plan during the late fall and early winter. Mr. Abernathy reported that the Economic Development Commission had recently developed a loan pool program for small businesses in Orange County. He also noted that a branch of the Good Work Program had recently been initiated in some of the Town's public housing communities. Mr. Abernathy also reported that the Commission had recently completed work on a simple brochure to explain the wide variety of skill development programs available in Orange County.

Concerning the commercial and office vacancy rates in Orange County, Mr. Abernathy reported that both rates were very low. Finally, he noted that the annual State of the Local Economy Breakfast would be held on Thursday, November 16th at the Friday Continuing Education Center.

Council Member Waldorf commended the Commission for enticing the "Good Work" program to start up a chapter in the County to assist with home-grown microenterprises. Mr. Abernathy reported that the Commission had worked together with the Midway Development Corporation on this project.

Council Member Brown asked whether the Commission's October 4th and 5th programs on farmland preservation could be videotaped. Mr. Abernathy said staff could look into the feasibility of this arrangement.

Stating that the Economic Development Commission did a remarkable amount of work for having such a small staff, Council Member Evans thanked the Commission for its efforts.

Mayor Broun requested that the Council receive a petition from residents of the Estes Drive neighborhood about flooding-related concerns.

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

Item 8.1 Orange County Hearing/Work Session

Mr. Horton stated that the Orange County Commissioners were requesting that the Town agree to defer a public hearing on the proposed Northwest Small Area Plan until the Commissioners had had an opportunity to meet with the Council to discuss the Greene tract and to discuss the implications of whether or not there would be a landfill site in the area in the future. Mr. Horton said staff recommended that the Council honor the request and hold the work session beginning at 5:30 p.m. on October 11th. He also said staff recommended deferral of the hearing to a later date.

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

A RESOLUTION CONCURRING IN THE REQUEST BY THE ORANGE COUNTY BOARD OF COMMISSIONERS FOR WORK SESSIONS REGARDING THE GREENE TRACT AND THE PROPOSED NORTHWEST SMALL AREA PLAN (95-9-27/R-9)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council concurs with the requests by the Orange County Board of Commissioners for joint work sessions of the Chapel Hill Town Council, Carrboro Board of Aldermen and Orange County Board of Commissioners on Wednesday, October 11th, to discuss:

* the Greene tract (5:30 p.m. as previously proposed by the Council)

* the draft Northwest Small Area Plan with and without site "OC 17" as the new landfill site.

BE IT FURTHER RESOLVED that the Council authorizes the Mayor to forward copies of this resolution to the Orange County board of Commissioners and Carrboro Board of Aldermen.

This the 27th day of September, 1995.

Item 9 Discussion of Consent Agenda Items

Item 4.1h

Planning Director Roger Waldon noted that the Historic District Commission had recently held several committee meetings concerning the tightening of duplex regulations in historic districts. He noted that the proposed resolution would set in motion a public process concerning these proposed regulations.

Caroline Donnan, 301B Hillsborough Street, said she believed that the Historic District Commission would come up with recommendations to protect residents of the Town's historic districts. Ms. Donnan said she hoped that the matter could be resolved by January, rather than June, of 1996.

Pauline Grimson, a resident of the Westside neighborhood, said her neighborhood, especially in the Cameron-McCauley Historic District, suffered from a lack of parking regulation enforcement. She requested the Town's assistance in resolving these concerns.

Historic District Commission Member Josh Gurlitz said he would be pleased to answer questions relative to the Commission's activities concerning the protection of historic districts. Council Member Evans asked whether there was any way to speed up the proposed timetable. Mr. Gurlitz said the Commission would be pleased to work with staff on this matter. Mr. Horton said this would require some discussion since the already limited staff resources were being strained by higher levels of development activity.

Council Member Capowski requested staff to follow-up on Ms. Grimson's concerns as soon as possible. Mr. Horton said staff would do so.

Council Member Brown asked what the Council could do to help historic district areas between the present time and June, 1996. Mr. Horton said it was difficult to respond without additional information. Council Member Brown said it was important for citizens, the Historic District Commission, Council and others to

have an opportunity to define important issues for the historic districts at the November 13th Council meeting. Council Member Evans stated that the Council could also receive suggestions in writing. Council Member Brown asked whether the matter of duplexes could be handled separately. Mr. Horton said this was a separate issue by definition, since duplexes were a Town-wide matter.

COUNCIL MEMBER WALDORF MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 6.

Council Member Brown noted that this process would include requests from neighborhood associations and residents.

RESOLUTION 6 WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION SETTING FORTH A PROCESS TO ADDRESS PROTECTION OF THE TOWN'S HISTORIC DISTRICTS (95-9-27/R-6)

WHEREAS, Chapel Hill's Historic Districts are a unique Town resource identified by the Town, the State and the federal government as worthy of protection; and

WHEREAS, the residents and property owners in the Historic Districts have identified numerous forces, both appearance related and others, which threaten the character of the Historic Districts; and

WHEREAS, the location of the Historic Districts adjacent to the University make the districts particularly vulnerable to change which could threaten the character of the Historic Districts; and

WHEREAS, the uses of land and buildings in the Districts affect the historic character of the Districts; and

WHEREAS, the Town Council and the Historic District Commission members have heard from many citizens asking for protection of the character of the districts;

NOW, THEREFORE, BE IT RESOLVED, that the Council sets forth the following procedure to address protection of the character of the Town's Historic Districts:

1) By November 13, 1995 - The Council receives a report from the Historic District Commission and adopts a resolution setting forth the issues to be considered and a charge to the Historic District Commission.

2) November, 1995 through March, 1996 - The Historic District Commission prepares recommendations on ways to address the issues.

3) March 14, 1996 - The Historic District Commission conducts a public meeting to receive citizen comment on the recommendations.

4) April 22, 1996 - The Historic District Commission revises and presents the final recommendations to the Council. The Council refers these recommendations to the Planning Board and the staff for their recommendation.

5) May 20, 1996 - The Council holds a Public Hearing on the recommendations.

6) June, 1996 - The Council considers action on recommendations.

This the 27th day of September, 1995.

Item 4.1f

Mayor Broun noted that University Chancellor Michael Hooker had expressed his willingness to begin discussions in the near-term concerning possible uses of the Horace Williams and Mason Farm tracts. Council Member Brown urged the Council to include the Planning Board in the follow-up planning process for the University's properties.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER WALDORF, TO ADOPT RESOLUTION 4.

Council Member Brown suggested adding the Planning Board to the proposed resolution. Council Member Waldorf expressed her concurrence. She also suggested having a joint meeting of the Planning Panel and Planning Board to share their knowledge on the matter. Council Member Brown said the Planning Board and Planning Panel could work together and separately on the matter.

Council Member Evans noted that the Planning Board had expressed a desire to continue a dialogue with Dwight Merriam about planning for the two tracts.

Mayor Broun suggested postponing the public hearing on the matter until a date later than November 20th. The motioner and seconder concurred with this suggestion.

Council Member Capowski suggested inviting a representative from the Institute of Government with knowledge of State zoning laws to the next Planning Panel meeting.

RESOLUTION 4, AS AMENDED, WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION REFERRING A MEETING SUMMARY TO THE UNC-CHAPEL HILL PLANNING PANEL (95-9-27/R-4)

WHEREAS, the Town Council sponsored a workshop on possible zoning designations for University owned land, featuring the remarks of Mr. Dwight Merriam, national expert on issues related to land use law; and

WHEREAS, the Council has received a memorandum from the Town Manager dated September 27, 1995, summarizing the workshop and the key issues raised; and

WHEREAS, the Council-appointed UNC-Chapel Hill Planning Panel is actively considering these issues and will be making recommendations to the Town Council;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council refers the Town Manager's September 27th memorandum on this subject to the UNC-Chapel Hill Planning Panel and the Planning Board for its consideration.

This the 27th day of September, 1995.

Item 4.1e

Council Member Brown said she believed that some additional steps might be needed prior to holding a public hearing on development sustainability. She suggested that the Committee on Sustainability reconvene in order to elicit more grassroot comments on the matter.

Council Member Evans stated that the Orange County Economic Development Commission Board had spent two meetings discussing sustainability matters. She also noted that the Triangle J Board of Directors had discussed sustainability. Council Member Brown inquired whether the two boards had commented on the most recent sustainability report. Council Member Evans said yes. Mr. Horton noted that the report had been sent to an extensive list of individuals and organizations in the community.

Stating that the report needed more work, Council Member Brown said she was afraid that public comment on the report would be very limited.

Citing Council Member Evans' earlier remarks, Council Member Protzman suggested that groups and individuals could be encouraged to make comments at the proposed November 13th public hearing. Council Member Brown said it was her preference for the Committee to meet and discuss with Dr. Brower and others ways to operationalize and make matters more concrete.

Council Member Waldorf suggested that people comment on specific points and indicators related to sustainability.

Council Member Brown suggested asking another class of University students to identify concrete steps relative to sustainability. Mr. Horton said one possibility would be to ask Dr. Brower's students to operationalize concepts and identify clear indicators. Council Member Brown proposed having another meeting with Dr. Brower and the citizen's advisory group. Council Member Pavao stated that Dr. Brower had previously indicated his willingness to proceed in this manner.

Mayor Broun said there was Council consensus to not adopt Resolution 3. He also said no motion was needed for the Sustainability Committee to meet with other parties.

Curtis Road/North Lakeshore Drive

Town Engineer George Small said staff had reviewed a request to install traffic signals or stop signs in the vicinity of Curtis Road and North Lakeshore Drive. He briefly reviewed options, including the possibility of implementing traffic calming measures such as speed bumps. Mr. Small stated that speed humps could create problems for commuters and emergency vehicles, but were worth trying here. Mr. Horton said he believed that speed humps could be an effective tool if monitored carefully.

Transportation Board Member Richard Franck stated that the Board had identified three possible areas for traffic calming projects, including the Curtis Road/North Lakeshore Drive area. Mr. Franck said the Board recommended going forward with speed humps on North Lakeshore Drive, rather than installing stop signs.

Council Member Protzman said he would encourage the Town's Engineering staff to get together with the Transportation Board in implementing a pilot project for speed humps. Mayor Broun said no Council action was needed for the Transportation Board and Engineering staff to proceed on this matter.

Council Member Brown inquired what other traffic calming devices had been discussed by the Transportation Board. Mr. Franck said the Board had also discussed chokers (narrowing roadways) and the possibility of a traffic circle. He stated that the Board would continue to evaluate traffic calming options for all three areas previously identified by the Board. Council Member Evans inquired about the use of rumble strips. Mr. Horton said these were too noisy for use in residential neighborhoods.

Responding to Mr. Franck's earlier remarks, Mr. Small stated that traffic circles could be quite expensive. He also said that implementation of traffic calming techniques in the area would be postponed until completion of the bridge reconstruction on North Lakeshore Drive.

Handling Incomplete Development Projects

Noting that he was pleased that reconstruction of the Fountains project would begin on West Rosemary Street in the near future, Council Member Capowski said there had to be a better way not to have a large hole in the ground for up to four years.

Human Services Funding

Council Member Capowski said the Town was increasingly becoming a funding source of last resort for human service agencies. He suggested that the Town needed to have a formal and better way to determine how funds should be divided between agencies.

Skateboarding Facility

Noting that approximately fifty percent of all land in the community was owned by various governmental entities, Council Member Protzman said it was very frustrating not to be able to move ahead more quickly on the siting of a skateboarding facility. Noting that an area about the size of two tennis courts was needed, Council Member Protzman said he wished to move ahead on this matter as soon as possible. Mr. Horton said staff would do the best they could to assist in this matter. Council Member Evans said she had recently spoken to an adolescent pediatrician who indicated that skateboarding was a way for young people to experience elements of risk. She also noted that Judge Trish Stanford Hunt Love had indicated that moving ahead with a skateboarding facility was a good way to reach a difficult population.

Mr. Horton inquired whether the Council wished to eliminate any of the following possible sites from consideration for a future skateboarding facility: the Northern Community Park, the Orange Regional Landfill, the Town's Public Library or Community Center. Stating that the landfill was too remote, Council Member Capowski said he favored eliminating this site from consideration. Council Member Chilton stated that a skateboarding facility was a really compatible use for the landfill.

Stating that all of the four ideas suggested were good ones, Council Member Waldorf said she did not understand why talks with school district officials were at an impasse. Mayor Broun stated that these discussions were still open. Mr. Horton noted that he had not been able to contact Schools Superintendent Pedersen concerning the status of the skateboarding facility. Council Member Brown asked whether staff could prepare a follow-up report to the Council. Mr. Horton said yes. Council Member Pavao inquired about the possibility of using land near park and ride lots. Mr. Horton said the report would contain information on these options.

Mayor Broun noted that the Council needed to hold a closed session to discuss the annual evaluations of the Town Manager and Town Attorney. He also said no public report would follow the session.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO MOVE THAT THE COUNCIL GO INTO CLOSED SESSION TO DISCUSS A LAWSUIT IN WHICH THE PARTIES ARE GARY SIGMAN, INDIVIDUALLY AND AS THE ADMINSTRATOR OF THE ESTATE OF MARK ANTHONY SIGMAN, BRIGIT ELLEN SIGMAN, THE TOWN OF CHAPEL HILL, CHAPEL HILL POLICE DEPARTMENT, POLICE CHIEF RALPH PENDERGRAPH AND STEPHEN K. RIDDLE PURSUANT TO G.S. 143-318.11 (a) (3). THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

The Council heard a brief report from the Town Attorney regarding the Sigman lawsuit and confirmed that, in accordance with Counci Resolution 85-R-187, it would assume responsibility for the defense of Ralph Pendergraph, a named defendant in this lawsuit. The Council had previously confirmed that it would assume responsibility for the defense of Stephen K. Riddle, another named defendant, in accordance with the terms of the same policy resolution.

The Council met separately with the Town Manager and Town Attorney to conduct annual performance evaluations.

The regular meeting concluded at 10:32 p.m.