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

CHAPEL HILL, NORTH CAROLINA, TUESDAY, JANUARY 9, 1996 AT 7 P.M.

Mayor Waldorf called the meeting to order. Council Members in attendance were Julie Andresen, Joyce Brown, Joe Capowski (arrived at 7:35 p.m.), Mark Chilton, Pat Evans, Lee Pavão and Barbara Powell. Also in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Planning Director Roger Waldon, Parks and Recreation Director Mike Loveman and Town Attorney Ralph Karpinos.

Noting that yesterday evening's (January 8th) Council meeting had been postponed to this evening due to adverse snow and ice weather conditions, Mayor Waldorf requested that Town Manager Horton report on the status of snow clean-up and the restoration/status of Town services. Mr. Horton stated that although the Town was well on the way to getting back to normal business, staff had been unable to clear all neighborhood streets of snow and ice. He also said that staff would continue to work to improve road conditions and to partially restore bus service, emphasizing access to major business areas and the UNC Hospitals campus. Mr. Horton said a number of citizen volunteers had provided their personal 4-wheel drive vehicles to transport patients to UNC Hospitals. He stated that fire call volume was far below normal and that there had been no serious fire-related incidents throughout the snow and ice storm. Mr. Horton said the Police Department had dealt with dozens of minor automobile accidents and the Library and Parks and Recreation Department were working on reduced service schedules. Stating that the Public Works Department and many other Town employees had been working long shifts around the clock, Mayor Waldorf said she believed that Town employees would continue their good work to restore Town services as soon as possible.

Noting that Council Member Capowski's arrival was delayed due to the inclement weather, Mayor Waldorf suggested that the Council defer consideration of filling the Council vacancy pending his arrival. There was Council concurrence on this point.

Mayor Waldorf said it was a great pleasure to recognize retired Public Works employee Guss Alston for his forty years of service to the Town. Expressing the Council's appreciation for Mr. Alston's service to the Town, Mayor Waldorf noted that Mr. Alston had completed his career with the Town provide commercial sanitation services.

Continuation of Process for Appointment to Vacant Council Seat

Mayor Waldorf noted that one of the six Council applicants, Mary Reeb, was ill with the flu and unable to attend this evening's meeting. She briefly reviewed the appointment process timetable to date, noting that on January 2nd the Council had nominated all six applicants for appointment consideration at this evening's meeting. Mayor Waldorf noted that the Council could vote to fill the vacant Council seat this evening.

Council Member Andresen inquired whether there would be any Council discussion about the merits of the individual candidates prior to a vote. After inquiring about the pleasure of the Council in this matter, Mayor Waldorf said it appeared that most Council Members wished to make some remarks prior to a possible vote.

Council Member Andresen said the process to date had been a good one, involving many qualified candidates to fill the vacant seat. Council Member Andresen stated that her first choice to fill the vacant seat was Kevin Foy. Council Member Andresen also said that Mr. Foy had made a remarkable showing in seeking the Mayor's seat in November, 1995. She also stated all of the candidates had exhibited a strong willingness to listen to the electorate and had many practical ideas for articulating their visions of the Town. Noting that Mr. Foy had received 46% of the vote for Mayor, Council Member Andresen said she was confident in recommending Mr. Foy as the applicant to fill the vacant Council seat.

Noting that he had been unable to attend the Council's January 2nd special meeting, Council Member Chilton said he had viewed the videotape of this meeting. He said that the Council had posed a number of good questions at the meeting and the applicants had offered excellent responses. Stating that there were many worthy and qualified applicants to fill the vacancy, Council Member Chilton said he believed that there was some precedential value in appointing the fifth-highest vote getter in the November, 1995 election, Richard Franck, to fill the vacant seat. Council Member Chilton also noted that this was the process that the Council had used to appoint Mayor Waldorf and former Council Member Joe Herzenberg to fill vacant Council seats. Stating that Mr. Franck had served as Chair of the Town's Transportation Board and on the Town's East Entranceway advisory group and other boards, Council Member Chilton said he hoped that other Council Members would join him in voting for Mr. Franck.

Stating that there were a number of excellent candidates to fill the vacant Council seat, Council Member Pavão said he was inclined to vote for one of the candidates who had faced, and put their ideas before the electorate, either Mr. Foy or Mr. Franck. Council Member Pavão said he would support the candidacy of Richard Franck since Mr. Franck had missed being elected to the Council by approximately three dozen votes. He also stated that although Mr. Foy had run a good race for Mayor, he had not been successful in this pursuit.

Expressing her sincere and heartfelt appreciation to all six Council candidates, Mayor Waldorf also expressed her thanks to all of the candidates for their past service to the community. Noting that the decision before the Council was a hard one, Mayor Waldorf stated that Mr. Franck had stood the test of public scrutiny and exposure in his candidacy for the Council. Noting his residency in the Durham County portion of the Town, his energy and intelligence, and his service on the Town's Transportation Board, Mayor Waldorf said she would vote for Mr. Franck to fill the vacant seat.

Council Member Powell said she approached this matter from a somewhat different perspective than other Council Members. She noted that the Council had opened up the process to all Town citizens, many of whom had great ideas. Stating that she had been particularly impressed with those applicants with human services backgrounds, Council Member Powell said she would support the candidacy of Donald Shaw to fill the vacant Council seat.

Noting that Mr. Foy and Mr. Franck had expressed their opinions on many important matters to the Town's electorate in the November, 1995 election, Council Member Capowski said he would vote for Kevin Foy to fill the vacant Council seat.

Mayor Waldorf announced the results of the Council's ballot to fill the vacancy: Richard Franck (4 votes; Chilton, Evans, Pavão and Waldorf); Kevin Foy (3 votes; Andresen, Brown, Capowski) and Donald Shaw (1 vote; Powell). Noting that five votes were required to fill the vacant Council seat, Mayor Waldorf said the matter could be carried over to the Council's January 13th planning session. She inquired about the pleasure of the Council.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO TABLE CONSIDERATION OF THE MATTER UNTIL THE COUNCIL'S PLANNING SESSION ON SATURDAY, JANUARY 13TH.

Council Member Evans expressed concern about this proposed course of action. Council Member Capowski said he believed that motions to table matters were non-debatable. Mr. Karpinos advised Mayor Waldorf that this was correct.

THE MOTION TO TABLE THE MATTER WAS ADOPTED BY A VOTE OF 6-2, WITH COUNCIL MEMBERS EVANS AND PAVÃO OPPOSING THE MOTION.

Mayor Waldorf noted that all citizens were welcome to attend the January 13th planning session at the Public Library on Library Drive.

Item 3 Petitions

Ted Parrish, representing the Knolls Association, requested the Council's support of a draft resolution concerning greater flexibility in income eligibility guidelines for homes constructed by the Knolls Development Association. Mr. Parrish said he hoped that the Council would respond positively to the proposed resolution.

Council Member Chilton inquired whether it would be possible for staff to respond swiftly to this petition. Noting that the Council would need to check U.S. Department of Housing and Urban Development guidelines in the matter, Mr. Horton said staff would respond as quickly as possible.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO REFER THE MATTER TO TOWN STAFF.

Council Member Capowski requested that the staff's follow-up report address the matters of owner-occupied housing and keeping the cost of housing affordable as resales occurred. Council Member Andresen said she hoped the staff's report would address all proposals.

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

Grainger Barrett requested that the Council refer to staff a petition concerning the adaptive use of homes on Bypass Lane for conditional use zoning, including light office and commercial uses.

Council Member Andresen said she liked the concept of not having to tear down existing houses to establish light office uses in the Bypass Lane area.

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO REFER THE MATTER TO STAFF. THE MOTION WAS ADOPTED UNANIMOUSLY

(8-0).

Dr. William Whitehead submitted a petition from residents of the Northaven subdivision, expressing concern about the University's possible future plans to use a portion of the Horace Williams tract for utilitarian purposes such as printing services, physical plant shops and handling of recycled materials or a steam generation facility. Dr. Whitehead expressed concern that trucks using Seawell School Road to access University physical services could endanger the safety of children in the area. He also expressed concern about the possibility of eroding property values tied to the University's possible future uses of the Horace Williams tract. On behalf of residents of Northaven subdivision, Dr. Whitehead requested that the Council consider the University's Horace Williams tract for residential purposes only and situate utilitarian uses in more isolated areas.

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

Council Member Brown suggested that the Northaven petition be discussed at the next meeting of the Consultation and Coordination Committee (CCC) on January 22nd, including the desirability of renewable energy resources. Council Member Capowski said the matter was certainly a Town-Gown issue. Mayor Waldorf requested that staff attempt to present the Council with a preliminary follow-up report at the Council's January 22nd meeting.

Council Member Andresen said it would be helpful for the follow-up report to contain information about the history of planning for the Horace Williams tract to date. Mayor Waldorf said she thought this was implicit in the motion to refer.

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

Henry Whitfield presented a petition requesting that the Town's Parks and Recreation Department purchase lowlands around the Town, using a percentage of future Town budgets.

COUNCIL MEMBER POWELL MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO REFER THE MATTER TO THE PARKS AND RECREATION COMMISSION AND TOWN STAFF. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT RESOLUTION 1, CONCERNING THE SERVICE OF LIGHTNING BROWN RELATIVE TO GREENWAY TRAILS IN THE TOWN.

Council Member Andresen inquired whether suggestions were being sought from the public concerning the naming of greenway trails. Mayor Waldorf stated that public comments on the matter were welcome.

THE MOTION TO ADOPT RESOLUTION 1 WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION REQUESTING RECOMMENDATIONS FOR HONORING MR. LIGHTNING BROWN'S WORK IN ESTABLISHING THE CHAPEL HILL GREENWAY SYSTEM (96-1-8/R-1)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council requests that the Council's Naming Committee make recommendations for honoring Mr. Lightning Brown for his work in helping to establish the Chapel Hill greenway system.

This the 8th day of January, 1996.

Noting that there had been some recent confusion about the Adelaide Walters Apartment Complex and Adelaide Walters Streets, Council Member Brown petitioned the Council's Naming Committee to look into the possibility of making this matter less confusing.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO REFER THE MATTER TO THE COUNCIL'S NAMING COMMITTEE. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Council Member Brown noted that she had been invited by the North Carolina League of Municipalities to serve on its committee for transportation related matters.

A RESOLUTION AUTHORIZING THE MANAGER TO EXECUTE AN AGREEMENT WITH THE ORANGE WATER AND SEWER AUTHORITY FORMALIZING THE RIGHTS AND RESPONSIBILITIES OF BOTH PARTIES IN THE OPERATION OF A TRAIL AND A SEWER LINE ALONG BOLIN CREEK (96-1-8/R-5)

WHEREAS, the Town has constructed Phase I of the Bolin Creek Trail and is proceeding toward construction of Phase II; and

WHEREAS, portions of the Bolin Creek Trail currently lie within or are planned to lie within sewer easements owned by the Orange Water and Sewer Authority; and

WHEREAS, the Town would benefit from an agreement formally recognizing the right of the Town to build and operate its trail within OWASA's easements; and

WHEREAS, both parties would benefit from an agreement which states the responsibilities of both parties in the construction and maintenance of the trail and sewer line;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Manager to execute an agreement with the Orange Water and Sewer Authority which would formalize the rights and responsibilities of both parties in those areas where the Bolin Creek Trail lies within the Orange Water and Sewer Authority's sanitary sewer easements.

This the 8th day of January, 1996.

AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES (96-1-8/O-1)

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

SECTION I

That Section 21-27 of the Town code of Ordinances, "No parking as to particular streets." is amended by inserting the following therein, in appropriate alphabetical order:

STREET SIDE FROM TO

South Lakeshore West The centerline of End

Drive Ridgecrest Drive

South Lakeshore East The center line of A point 185 feet

Drive Ridgecrest Drive north of the

centerline of

Ridgecrest Drive

South Lakeshore East A point 980 feet End

Drive north of the

centerline of

Ridgecrest Drive

SECTION II

That Section 21-27.8 of the Town Code of Ordinances, "No parking anytime except by residential permit." is amended by inserting the following therein, in appropriate alphabetical order:

STREET SIDE FROM TO

South Lakeshore East A point 185 feet north A point 980

Drive of the centerline of feet north

Ridgecrest Drive of the

centerline

of Ridge-

crest Drive

SECTION III

These ordinances shall become effective on February 5, 1996.

SECTION IV

All ordinances or portions of ordinances in conflict herein are hereby repealed.

This the 8th day of January, 1996.

A RESOLUTION CALLING A PUBLIC HEARING ON THE PRELIMINARY ASSESSMENT ROLL FOR WARD STREET (96-1-8/R-6)

WHEREAS, total project costs have been compiled for improvements on Ward Street; and

WHEREAS, a preliminary assessment roll has been established for this project and is on file with the Town Clerk;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council herewith calls a public hearing at 7:00 p.m. on Monday, February 19, 1996 in the Town Hall, 306 North Columbia Street, to hear comments on the preliminary assessment roll for improvements on Ward Street.

This is the 8th day of January, 1996.

A RESOLUTION APPROVING THE CHAPEL HILL PARATRANSIT PLAN UPDATE AND AUTHORIZING ITS SUBMISSION TO THE TRANSPORTATION ADVISORY COMMITTEE AND FEDERAL TRANSIT ADMINISTRATION (96-1-8/R-7)

WHEREAS, the U.S. Department of Transportation regulations governing the implementation of the Americans with Disabilities Act require the annual submission of a Paratransit Plan Update; and

WHEREAS, the Town has prepared an Update in compliance with all applicable regulations;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the attached 1996 Paratransit Plan Update is approved and authorized to be submitted to the Durham-Chapel Hill-Carrboro Transportation Advisory Committee and Federal Transit Administration.

This the 8th day of January, 1996.

A RESOLUTION ACCEPTING THE BID FOR THE PURCHASE OF A REAR- LOADING PACKER BODY (96-1-8/R-8)

WHEREAS, the Town of Chapel Hill has solicited formal bids by legal notice in The Chapel Hill News on November 15, 1995, in accordance with G.S. 143-129 for the purchase of one rear-loading packer body;

WHEREAS, the following bids have been received and opened on December 7, 1995:

Vendor Manufacturer Cost

Lodal-South LoadMaster $32,906.96

Rockingham, NC

Cavalier Equipment E-Z Pack $30,808.30

Cloverdale, VA

Quality Equipment Pak-Mor $28,532.00

Charlotte, NC

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town accepts the bid of Quality Equipment Co. for the purchase of one rear-loading packer body.

This the 8th day of January, 1996.

A RESOLUTION ACCEPTING THE BID FOR THE PURCHASE OF TWO POLICE PATROL VEHICLES (96-1-8/R-9)

WHEREAS, the Town of Chapel Hill has solicited formal bids by legal notice in The Chapel Hill News on December 3, 1995, in accordance with G. S. 143-129 for the purchase of two (2) police patrol vehicles; and

WHEREAS, the following bids have been received and opened on December 19, 1995:

Vendor Make & Model Bid

Bobby Jones Ford 1996 Crown Victoria $19,134.50

Sir Walter Chevrolet 1996 Caprice $17,448.00

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town accepts the bid of Sir Walter Chevrolet for the purchase of two (2) police patrol vehicles.

This the 8th day of January, 1996.

Council Member Brown also requested item 4.2 b from the information reports portion of the consent agenda for discussion at the end of the meeting.

Item 5 Boards and Commissions

Mr. Horton noted that Resolution 12 was a proposed resolution outlining a nomination and appointment schedule for board and commission terms of office expiring on June 30th, 1996. Council Member Brown inquired about the February 20th application noted in the agenda item. Mr. Horton stated that this was an initial deadline tied to the submittal of applications to individual boards and commissions for their respective recommendations to the Council. Mayor Waldorf encouraged interested persons to pick up board and commission applications in the Town Clerk's Office. She also advised the Council that there were currently two vacancies each on Orange Water and Sewer Authority (OWASA) Board of Directors and the Housing and Community Development Advisory Board.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT RESOLUTION 12. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION REGARDING THE PROCESS FOR CONSIDERING APPOINTMENTS TO TOWN ADVISORY BOARDS AND COMMISSIONS (96-1-8/R-12)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the following schedule for appointments to Town advisory boards and commissions:

May 13th Human Services Advisory Board

Personnel Appeals Committee

Public Arts Commission

May 29th Board of Adjustment

Parks and Recreation Commission

Transportation Board

June 10th Appearance Commission

Greenways Commission

Historic District Commission

June 24th Design Review Board

Library Board of Trustees

Orange Water and Sewer Authority

Planning Board

BE IT FURTHER RESOLVED that nominations for appointments shall be made at the regular meeting preceding scheduled appointments.

This the 8th day of January, 1996.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO NOMINATE ALL APPLICANTS FOR FUTURE APPOINTMENT CONSIDERATION TO THE COMMITTEE.

Council Member Andresen inquired whether the intention of the Committee was to tighten or loosen existing regulations or whether there were other specific goals. Council Member Waldorf said some citizens saw loopholes in present regulations. She added that there was a tremendous amount of public interest in the matter and what might be done with existing regulations. Mayor Waldorf noted that Council Member Powell had suggested establishment of a mediation committee to work together on this matter. Council Member Powell noted that she had received a number of calls who were pleased that such a committee was going to be established by the Council.

Stating that many people who were interested in the topic had businesses in their homes, Council Member Andresen said it was important for the Council to think about also involving neighborhood residents without businesses and other interested persons on the proposed committee. Council Member Powell inquired whether Council Member Andresen was suggesting that there be a certain number of representatives from particular segments. Council Member Andresen said she believed that there would be a natural tendency for persons with businesses to apply for membership on the Committee. Council Member Chilton stated that he and Council Member Pavão could sift through the applications

received by the Council and make appointment recommendations to the Council. Council Member Pavão suggested that he and Council Member Chilton could possibly interview some or all of the applicants.

THE MOTION TO NOMINATE ALL SIX APPLICANTS WAS ADOPTED UNANIMOUSLY (8-0).

Noting that Human Services Advisory Board Chair Ed DeVaney was unable to attend this evening's meeting, Mayor Waldorf said the Human Services Advisory Board report would need to be deferred to the January 22nd Council meeting.

Item 7 Water Tower SUP

Previously unsworn persons wishing to testify in the matter were sworn by the Town Clerk.

Planning Director Roger Waldon briefly reviewed items related to the application, including language related to undisturbed areas, lighting of the proposed tank and paint color of the tank. He noted that staff recommended adoption of Resolution A.

Thanking the Council and staff for addressing neighbor's questions from the November public hearing on the matter, Pierre Morrell requested that the Town consult neighborhood residents about painting of the proposed water tower. Mr. Morrell inquired how much of the sixteen acre site would be disturbed for the tower. John Greene of OWASA said while the tank manufacturer preferred an area of 200 feet by 200 feet, OWASA suggested limiting the disturbance area to 150 feet by 150 feet plus an access road to the site.

Council Member Andresen inquired how close the disturbance area would be to the closest house. Mr. Greene estimated that the site would be at least 125 feet from the nearest house. Council Member Andresen inquired whether it was correct that the further down the hill the tower was located, the taller the tower would need to be. Mr. Greene said this was correct. He stated that the proposed tower would be located in a place which met Town development regulations. Council Member Capowski inquired about the possibility of lowering the tower's height so that lighting would not be necessary. Mr. Greene said it was likely that the Federal Aviation Administration would require some form of lighting, regardless of the tower's height or location. He noted that the FAA would accept one of three options for the tower: (1) red and white checkerboard painting of the tower, (2) a high intensity strobe light during the day and medium intensity strobe at nighttime, or (3) a medium intensity strobe during the day and red lights at nighttime.

Council Member Capowski inquired whether it was possible to eliminate all lighting needs by moving the tower within the site. Kevin Carter, project engineer, said it was very likely that lighting would be required for the tower, regardless of its location on the site. He added that as the tanks height needs increased, OWASA's costs would increase. Council Member Chilton inquired whether the proposal was for the tower to be located 200 feet from the property line. Mr. Carter said this was correct. Council Member Chilton said it appeared as though the Town's own development regulations precluded a shorter tower. Mr. Carter said there was no guarantee that the FAA would not require lighting, regardless of the tower's height.

Council Member Chilton inquired whether it was correct that the Council could not make adjustments concerning the lighting of the tower in the conditions of the special use permit. Mr. Horton said any such adjustments would have to be approved by the Town's Board of Adjustment. He added that the reason for setback of the tower was to assure that would not fall on someone else's property if it fell over. Council Member Brown asked whether the properties contiguous to the proposed tower were residential. Mr. Carter said this was correct. Council Member Capowski said if there was any way not to require that the tower not be lighted, the Council should pursue this course of action. Mr. Karpinos said the Board of Adjustment would need to apply applicable requirements and rules concerning possible variances related to possible lighting of the proposed water tower.

Council Member Capowski asked whether the proposed resolution would prevent OWASA from moving the proposed water tank slightly. Noting that some persons might not like the tank being moved closer to the property line, Mr. Karpinos said it would not be wise to build such a provision into the special use permit. Council Member Capowski asked whether it was correct that the Council could not grant such a variance. Mr. Karpinos said this was correct.

Expressing concern that the Council was being asked to vote on a matter without full information, Council Member Andresen asked whether it would be possible for the Council to ask OWASA staff to seek additional information about requirements for lighting the proposed tower. Mayor Waldorf asked when the FAA would make a determination about lighting requirements for the proposed tower. Mr. Carter said the FAA would require lighting on the tower as proposed. Mr. Horton said the Council might wish to ask OWASA to investigate the possibility of exploring options not requiring lighting of the tower. Mayor Waldorf inquired whether this would involve redoing the entire process. Mr. Horton said this would depend on whether it was possible to find an alternate site meeting Town requirements relative to the proposed water tower. He added that it seemed reasonable to ask the applicant to seek the additional information about siting of the tower.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO RECESS THE MATTER TO THE JANUARY 22ND COUNCIL MEETING.

Council Member Chilton said the remaining question was a place to build a tower on the site which would be low enough not to require lighting. Mr. Greene said OWASA staff could check with the Federal Aviation Administration on this matter. He also stated that relocating the tower up the hill could put the tower within fifty feet of property lines and within a stand of significant trees. Council Member Chilton said he believed there would be a copious response from neighbors if the proposed new site were too close to homes and property lines. Mr. Horton asked whether it was correct that Mr. Greene believed that there was no other location of the site satisfying setback and tree preservation requirements. Mr. Greene said he believed that this was correct. Council Member Evans inquired about the possibility of having a 190 foot tall tower which would meet the Town's setback requirements. Council Member Chilton said he thought it was worth waiting two weeks to determine whether or not a modification could be made in this matter.

Council Member Pavão asked whether it was correct that one of the FAA's lighting options would not require strobe lighting at night. Mr. Greene said this was correct. Council Member Pavão inquired whether the red nighttime lights would flash on and off. Mr. Greene said he did not know. Council Member Capowski asked OWASA to provide the Council with a quality topographical map of the proposed site in its follow-up report on January 22nd. Mr. Greene said he would do so. Council Member Andresen suggested that the Council and a committee of neighborhood residents have the lead role in deciding the color of the proposed tank, with final review by the Council.

THE MOTION TO RECESS THE HEARING WAS ADOPTED UNANIMOUSLY (8-0).

Item 8 Silver Creek Subdivision

Persons not previously sworn in the matter were sworn by the Town Clerk. Planning Director Roger Waldon briefly reviewed issues relative to the proposal, noting that the subdivision site was immediately adjacent to the proposed new high school on Weaver Dairy Road. He stated that the Manager, Greenways Commission, Parks and Recreation Commission and Transportation Board all recommended adoption of Resolution A. Noting that the Planning Board recommended adoption of Resolution B, Mr. Waldon said a number of issues had been resolved subsequent to the Board's consideration of the application.

Bruce Ballentine, the applicant's representative, had no further comments or questions.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO CLOSE THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT RESOLUTION 15A. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION APPROVING A PRELIMINARY PLAT APPLICATION FOR SILVER CREEK II SUBDIVISION (SD 25-13); AND APPROVING THE MODIFICATION TO THE SILVER CREEK I SUBDIVISION PLAT (SD 25-11) TO RECONFIGURE LOTS 65-69 TO ENABLE CONSTRUCTION OF A STREET CONNECTION BETWEEN THE TWO SUBDIVISIONS (96-1-8/R-15a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the proposed modification to the Silver Creek I Subdivision, proposed by Black Diamond Properties, Inc, on property identified as Chapel Hill Township Tax Map 25, Lot 11, if developed according to the configuration of Lots 65-69 of Silver Creek I Subdivision in accordance with the preliminary plat drawings dated January 13, 1995 (revised May 10, 1995), proposed by Black Diamond Properties, Inc. would comply with the provisions of the Development Ordinance;

BE IT FURTHER RESOLVED by the Council of the Town of Chapel Hill that it finds that the Preliminary Plat application, proposed by Black Diamond Properties, Inc., on property identified as Chapel Hill Township Tax Map 25, Lot 13, if developed according to the preliminary site plan dated January 13, 1995 (revised May 10, 1995), and the conditions listed below, would comply with the provisions of the Development Ordinance. These findings are based on the following:

Stipulations Specific to the Development

1. Final Plat for Silver Creek I: That a final plat for Silver Creek I Subdivision, indicating the following, be submitted for the Town Manager's approval:

- the lot reconfiguration for Lots 65-69 in accordance with the configuration shown on the preliminary plat drawings for Silver Creek II described above; and

- dedication of road right-of-way 50 feet in width for the street connection between Silver Creek I and Silver Creek II Subdivisions.

2. Final Plans for Silver Creek I: That revised final plans for Silver Creek I Subdivision, indicating the following, be submitted for the Town Manager's approval concurrently with final plans for Silver Creek II Subdivision:

- the lot reconfiguration for Lots 65-69 in accordance with the configuration shown on the preliminary plat drawings for Silver Creek II described above; and

- extension of Road "B" from Silver Creek II Subdivision, with a 27-foot cross-section, including curb and gutter, and sidewalk on one side, within a 50-foot right-of-way.

3. Final Plat for Silver Creek II: That the final plans and final plat for Silver Creek II Subdivision include a note that alerts potential lot owners to the proximity of the high school's lighted athletic facilities to the western boundary of the subdivision.

4. Required Improvements:

A. That Weaver Dairy Road be improved to one-half of a 70-foot cross-section with curb and gutter, bikelane and sidewalk along the entire length of this property's frontage on Erwin Road.

B. That sufficient right-of-way be dedicated along the property frontage on Weaver Dairy Road to complete a 95-foot right-of-way width, with sight distance triangles at the subdivision entrance.

C. That the developer shall request of NCDOT appropriate pavement markings for turning movements in the center turn lane of Weaver Dairy Road along the Chesley/Silver Creek II frontage.

D. That Streets "A" and "B" and Telluride Trail be constructed to public street standards, with a 27-foot cross-section, with curb and gutter. Sidewalk shall be constructed along one side of all internal streets. A 50-foot right-of-way shall be dedicated along all internal streets.

E. That, if the median in Street "A" is permitted by NCDOT, it shall include provisions for subsurface drainage. The median shall be maintained by a Homeowners' Association.

F. That the land underlying the public pedestrian and non-motorized vehicle easements in the vicinity of Lots 13/14 and Lots 25/26 be dedicated and deeded to a Homeowners' Association with the recordation of the final plat. The paths shall be field located to minimize damage to existing trees, compacted, constructed of Chapel Hill gravel, and signed.

For the pedestrian path in the vicinity of Lots 13 and 14, particular consideration shall be given to the location and slope of the pedestrian connection to the high school site.

G. That the developer meet with local school officials to explore the possibility of installing gates in the fencing proposed to surround the high school site, to permit pedestrian access between the school and this development.

H. That direct auto access be prohibited from Weaver Dairy Road for those lots abutting the Weaver Dairy Road right-of-way, and that an access prohibition easement be included on the final plat.

I. That future widening of Weaver Dairy Road and/or storm drainage installations shall accommodate and possibly upgrade the French drains existing.

J. Street Stubout Signage: That a sign, reading "roadway subject to future extension", be posted at the end of the street stubout which abuts the Silver Creek I subdivision.

5. Steep Slopes: That a detailed Steep Slopes plan be submitted, showing the potential buildable areas on the house lots, and committing to certain types of building foundations and construction techniques for those lots and house sites with slopes of 15% and greater. These restrictions shall be referenced in the Homeowners' Association documents.

Stipulations Related to the Resource Conservation District

6. Boundaries: That the boundaries of the Resource Conservation District be shown on the final plat and final plans with a note indicating that "Development shall be restricted within the Resource Conservation District in accordance with the Development Ordinance."

7. Construction: That final plans demonstrate that construction within the Resource Conservation District (including the street crossing and utility lines) will be in accordance with Subsections 5.6 and 5.8 and all other applicable Resource Conservation District regulations.

8. Variances: That all variances necessary for development with the Resource Conservation District be obtained before application for final plat or final plan approval.

9. Setbacks: That any restrictive covenant applicable to lots adjacent to the Resource Conservation District not require greater setbacks than those required by the Development Ordinance.

10. Buildable Lots: That no lot be created that would require a Resource Conservation District variance in order to be built upon.

11. Buildable Area: That the final plat indicate the buildable area on all lots which contain a portion of the Resource Conservation District. Buildable area shall include the portion of the lot outside the Resource Conservation District, floodplain, steep slopes, and building setbacks.

Stipulations Related to Recreation Area

12. Dedication of Recreation Area: That the final plat dedicate and deed the Recreation Area (greenway) to the Town of Chapel Hill for Parks and Recreation purposes only.

The developer remains responsible for the recreation area until the Town accepts the property.

The final plans shall demonstrate in detail how pedestrians using the greenway trail along Silver Creek will easily be able to traverse Road "B" and return to the greenway trail. This may entail the construction of timber steps down the slopes.

Stipulations Related to State and Federal Government Approvals

13. State or Federal Approvals: That any required State or Federal permits or encroachment agreements be approved and copies of the approved permits and agreements be submitted to the Town of Chapel Hill prior to the issuance of a Zoning Compliance Permit.

14. NCDOT Approval: That plans for improvements to state-maintained roads be approved by NCDOT prior to issuance of a Zoning Compliance Permit.

Stipulations Related to Landscape Elements

15. Landscape Plan Approval: That a detailed landscape plan (including the buffer plantings) and landscape maintenance plan be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

The Landscape Plan shall include a Type D buffer (minimum width 30 feet) along the Weaver Dairy Road frontage. Alternatively, the Appearance Commission may approve an alternate buffer of a narrower width with a solid wall for part or all of the Weaver Dairy Road frontage.

Final plans shall indicate the location of the power line and associated easement along Weaver Dairy Road. The landscaped buffer along Weaver Dairy Road must be located outside all utility easements.

Existing vegetation may be used, partially or wholly, to fulfill the buffer planting requirements, where deemed sufficient by the Town Manager.

16. Landscape Protection Plan: That a Landscape Protection Plan, which includes delineation of clearing limit lines, be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

Stipulations Related to Water, Sewer and Other Utilities

17. Stormwater Management Plan: That a stormwater management plan, based on the Town's Hydros computer model, be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

A 30-foot drainage easement with piping shall be installed between Lots 13 and 14 to collect off-site drainage from the adjacent property. (A 20-foot pedestrian easement shall be included within this drainage easement.)

If, in the review of final plans, the Town Manager determines there is a need for additional piping and easements, additional stormwater drainage easements shall be dedicated to the Town.

18. Fire Flow: That a detailed fire flow report be prepared by a registered professional engineer, showing that flows meet the minimum requirements of the Design Manual, to be approved prior to issuance of a Zoning Compliance Permit.

19. OWASA Easements: That easement documents as required by OWASA and the Town Manager be recorded concurrently with the final plat.

20. Utility Service Laterals: That prior to paving streets, utility service laterals (including cable and telephone) shall be stubbed out to the front property lines of each lot. Sanitary sewer laterals shall be capped off above ground.

21. Utility/Lighting Plan Approval: That a water and sewer extension plan be submitted for approval by OWASA and the Town Manager prior to issuance of a Zoning Compliance Permit.

That the final detailed utility/lighting plan be approved by Orange Water and Sewer Authority, Duke Power, Southern Bell or GTE, Public Service Company, Cablevision, and the Town Manager, before issuance of Zoning Compliance Permit. The property owner shall be responsible for assuring these utilities, including cable television, are extended to serve the development.

Miscellaneous Stipulations

22. Solid Waste Management:

A. That a detailed solid waste management plan, including a recycling plan and plan for management of construction debris, be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

B. Curbside collection may be required for steeper lots, and a note to this effect shall be placed on the final plat.

23. Detailed Plans: That final detailed site plan, grading plan, utility/lighting plans, stormwater management plan (with hydrologic calculations), landscape plan and landscape maintenance plan be approved by the Town Manager before issuance of a Zoning Compliance Permit, and that such plans conform to the plans approved by this application and demonstrate compliance all applicable conditions and the design standards of the Development Ordinance and the Design Manual.

24. Homeowners' Association: That a Homeowners' Association be created that has the capacity to place a lien on the property of a member who does not pay the annual charges for maintenance of common areas, however designated. The Homeowners' Association documents shall be approved by the Town Manager, recorded at the Orange County Register of Deeds Office and cross referenced on the final plat.

25. Certificates of Occupancy: That no more than one Certificate of Occupancy be issued until all required public improvements are complete; and that a note to this effect shall be placed on the final plat.

If the Town Manager approves a phasing plan, no Certificates of Occupancy shall be issued for a phase until all required public improvements for that phase are complete; no Building Permits for any phase shall be issued until all public improvements required in previous phases are completed to a point adjacent to the new phase; and that a note to this effect shall be placed on the final plat.

26. Sight Triangle Easements: That sight triangle easements be provided on the final plat.

27. Traffic Signs: That the property owners shall be responsible for placement and maintenance of temporary regulatory traffic signs including street name signs before issuance of any Certificate of Occupancy until such time that the street system is accepted for maintenance by the Town.

28. Street Names and Addresses: That the name of the development and its streets and house numbers be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

29. Erosion Control: That a detailed soil erosion and sedimentation control plan be approved by the Orange County Erosion Control Officer and the Town Manager before issuance of a Zoning Compliance Permit.

30. Silt Control: That the applicant take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.

31. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.

32. Non-severability: If any of the above conditions is held to be invalid, approval in its entirety shall be void.

BE IT FURTHER RESOLVED that the Council of the Town of Chapel Hill hereby approves the application for Preliminary Plat for Silver Creek II Subdivision and for a Modification to Preliminary Plat for Silver Creek I Subdivision.

This the 8th day of January, 1996.

Item 9 Downtown Small Area Plan Proposal

Mr. Horton said he was proposing that the Town contract with UNC Planning professor Dr. David Godschalk to possibly undertake a small area plan for the downtown area. He said that a workshop class of planning students would produce a final product including a calibrated computer model, an information database and a stakeholder analysis report. Mr. Horton said he recommended adoption of Resolution 16.

Council Member Andresen suggested that there be an opportunity for input by the Council and Downtown Commission about one-third to one-half of the way through the proposed process. Mr. Horton said such a forum could possibly be held in the Council Chamber. Council Member Evans said Dr. Godschalk had proposed a similar approach in his cover letter about the study.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT RESOLUTION 16.

Mayor Waldorf noted that Josh Gurlitz had recently contacted her to express his support of the proposed approach and resolution.

Council Member Capowski said he looked forward to seeing the stakeholders section of the report.

THE MOTION TO ADOPT RESOLUTION 16 WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION AUTHORIZING THE MANAGER TO CONTRACT WITH THE DEPARTMENT OF CITY AND REGIONAL PLANNING AT THE UNIVERSITY OF NORTH CAROLINA CONCERNING A DOWNTOWN SMALL AREA PLANNING WORKSHOP CLASS (96-1-8/R-16)

WHEREAS, the Council is interested in pursuing a Downtown Small Area Planning process to provide a detailed long range guide to future development and conservation of the area in accordance with the Town's Comprehensive Plan; and

WHEREAS, the Department of City and Regional Planning at the University of North Carolina at Chapel Hill has offered to undertake a Workshop Class that would focus on preparing a database of planning information, calibrating a computer model and conducting a stakeholder analysis;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to contract with the Department of City and Regional Planning at the University of North Carolina at Chapel Hill to undertake a Downtown Small Area Planning Workshop Class during the 1996 Spring semester, with the amount of the contract not to exceed $6,500.

This the 8th day of January, 1996.

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT ORDINANCE 3. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

AN ORDINANCE TO AMEND "THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1995" (96-1-8/O-3)

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

Non-Departmental

Contingency 93,054 (6,500) 86,554

Planning 698,833 6,500 705,333

This the 8th day of January, 1996.

Item 10 Outdoor and Nature Program

Noting that a possible skateboarding facility had not been created, Mr. Horton said there was current year funding for continuation of the Outdoor and Nature Program if the Council wished to do so.

Gary Barnes, Chair of the Parks and Recreation Commission, said the Commission had voted unanimously to support continuation of the Outdoor and Nature Program. He also said that the Commission felt that the Outdoor and Nature Program filled an important niche in the Town's non-team sports programming. Mr. Barnes said the Commission recommended continuation of the program for the rest of the fiscal year.

Former Parks and Recreation Commission member and chair James Ward said the Town's interactive nature programs for children were very good. He requested that the Council continue its moral and financial support of the Outdoor and Nature program, although political correctness in budget cutting might dictate otherwise.

Council Member Brown said that when the first examined this matter, one of the suggestions had been to cut the Outdoor Nature Specialist position. She also said that although the Council seemed satisfied with the suggestion to cut the position, the Council had been pressured and given in to maintaining the position in the interim. Council Member Brown said the Council should examine the matter carefully and ask a lot of questions. Parks and Recreation Director Mike Loveman briefly reviewed the history of the Outdoor Nature Specialist position. Noting that in 1993-94, there had been 6,596 registered program participants while there was a part-time specialist in place, Council Member Brown inquired about the possibility of the program continuing without the need for a staff member. Mr. Loveman said the program's focus had changed considerably since this time, with current programs placing a greater emphasis on educational programs. He also noted that the many users of the climbing wall are now counted under Community Center programs.

Council Member Brown asked whether some programs were contracted out. Mr. Loveman said this was correct, with contracts being used for adventure programs and other special type programs. Council Member Brown inquired whether Outdoor and Nature programs could continue on a contract basis without the need for a Town staff position. Mr. Horton said this was not possible since there needed to be a staff member in place to recruit contract providers, to make sure that the programs were consistent with Town guidelines. Council Member Brown asked who had performed this task when there was no specialist in place in 1993-94. Mr. Loveman said the Parks and Recreation Department had different types of programs at that time compared to current Outdoor and Nature programs. He added that staff was able to get much reduced rates on many programs, compared to prices that the public would fund.

Noting that he had attended the Parks and Recreation Commission meeting where the Outdoor and Nature Program had been discussed, Council Member Pavão said some commission members were not happy with how the program was being administered. He also said that some commission members were concerned that there were not enough programs for low-income households and individuals. Council Member Pavão said he found it curious that the Town appeared to be subsidizing Explorer and Scouting programs.

Stating that a half-time position was involved, Council Member Andresen said she was impressed by the ongoing programs of the Outdoor and Nature program. Council Member Andresen said she believed that most taxpayers would be enthusiastic about programs. She also said it was wonderful that these programs were available and being offered. Council Member Andresen stated that it was an excellent idea to make programs available to public housing residents.

Stating that on paper the program was a wonderful one, Council Member Powell said she agreed with Council Member Brown's comments. Council Member Powell said she had spoken to a number of program participants who did not feel that the program did not measure up to the expectations of participants. Stating that she would hate to vote against the Outdoor and Nature program, Council Member Powell suggested delaying the vote on the matter pending further information from staff.

Mayor Waldorf inquired whether there was any double counting in the program participation figures. Mr. Loveman said there was some double counting in the scout program figures. Mayor Waldorf inquired about the status of the proposed reading program previously discussed within the context of the Outdoor and Nature program. Mr. Loveman said he had not been able to reach Hank Anderson to discuss the status of this proposed program. Stating that she was not terribly persuaded by the program, Mayor Waldorf said she would like to offer the program in the most cost-effective manner possible.

Council Member Brown requested more specific information about what the specialist was doing with his time in relation to specific programs, what the programs entailed and what programs were taught elsewhere (schools, etc.). Noting that she would hate to vote against the program, Council Member Brown requested that staff provide more information prior to a Council vote on the matter.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO REQUEST THAT STAFF PREPARE A FOLLOW-UP REPORT OUTLINING ADDITIONAL SPECIFICS ABOUT THE OUTDOOR AND NATURE PROGRAM.

Council Member Pavão inquired what would happen to the Specialist position in the intervening period. Mr. Horton said staff would prepare the follow-up report for presentation at the January 22nd meeting. Noting that she would vote for the proposed motion, Mayor Waldorf said she would like the Town to offer broader programs for young people.

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

Item 11 Discussion of Consent Agenda Items

Mr. Horton said the proposed resolution responded to earlier Council requests to schedule work sessions on refuse collection methods and possible changes to the Town's Development Ordinance. He noted that the proposed meeting dates were sufficiently early in the budget process to accommodate possible changes desired by the Council.

Council Member Brown inquired why the staff was bringing the solid waste matter back at this time when a consultant's study was expected on solid waste in March. Assistant Town Manager Sonna Loewenthal said the report was anticipated in late February. She stated that there was no reason that the report could not be directly distributed to the Council. Council Member Chilton suggested the possibility of moving the work session date back one month to early March. Ms. Loewenthal noted that the consultant's report would be very broad, rather than focusing on detailed items related to implementation. Council Member Andresen inquired whether decisions on solid waste disposal methods was a county-wide decision. Council Member Chilton stated that individual governments in Orange County would have sovereign power over the method of solid waste collection employed in their residential areas. Citing possible budget-related constraints, Council Member Brown suggested starting discussions about solid waste matters as soon as possible.

Mayor Waldorf asked whether the Council wished to schedule the work session for February 5th. Mr. Horton noted that the Council had previously indicated a desire to move ahead on solid waste collection matters as soon as possible, in order to work towards a specific budget proposal in May. Council Member Brown said it was important that the Council keep in mind the importance of working together with the Town's other partners to meet the Landfill Owners Group's goals. Mr. Horton said that shared countywide decisions about solid waste matters would probably work best. Mayor Waldorf suggested that the Council have an informational work session on February 5th, with no policy agreements to be reached on that date.

Suggesting that the February 21st work session on development review begin at 7:30 p.m. instead of 5:30 p.m., Council Member Andresen inquired about the proposed agenda for this work session. Mayor Waldorf said the Council would be discussing possible changes to the Town's Development Ordinance as suggested by advisory boards and commissions and citizens. Council Member Andresen inquired whether the session would be process-oriented. Mayor Waldorf said this was correct.

Council Member Powell suggested starting the work session at 6:00 p.m., rather than 7:30 p.m. Stating that her typical work day was 8:30 a.m. to 6:00 p.m., Council Member Andresen said she would need to arrive a little late for a meeting starting at 6:00 p.m. Noting that he had classes until 5:00 p.m. four days per week, Council Member Chilton said he agreed with the proposed starting time of 6:00 p.m. Mayor Waldorf noted that the Council's custom had been to begin work sessions with a light snack at 5:30 p.m., with the session being concluded by 7:30 p.m. Stating that work sessions tended to be more productive with earlier starting times, Council Member Pavão said he supported starting the sessions as early as possible. Council Member Andresen said although she would prefer a later starting time, she was clearly outvoted on the matter and would support the proposal.

COUNCIL MEMBER POWELL MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 3, WITH STARTING TIMES FOR BOTH WORK SESSIONS OF 6:00 P.M. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION SCHEDULING TWO WORK SESSIONS (96-1-8/R-3)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby schedules work sessions as follows:

Date	Time	Topic
February 5	6:00 p.m.	Solid Waste Collection ("Pay As You Throw" Options)
February 21	6:00 p.m.	Development Review Process

This the 8th day of January, 1996.

Council Member Brown asked whether there was any interest by the Council in adding citizen participants to the Town's cable television negotiating team.

COUNCIL MEMBER BROWN MOVED THAT THE COUNCIL CONSIDER APPOINTING ADDITIONAL CITIZEN PARTICIPANTS TO SERVE ON THE TOWN'S CABLE TELEVISION NEGOTIATING TEAM.

Noting that the cable television franchise agreements were hopefully in their final stages, Council Member Capowski said he did not believe that there was any great benefit in appointing citizens so late in the process. Stating that adding new members would potentially delay the negotiating process, Mr. Horton said he did not recommend any changes in the team's composition at this time. Stating that he was not inclined to second the proposed motion, Council Member Chilton said he hoped that the negotiating team would bring back a satisfactory agreement to the Council. He added it might be necessary to bring more people into the negotiations if the agreement were not in accord with the Council's desires.

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

A RESOLUTION AUTHORIZING A REPORT CONCERNING ALTERNATIVES FOR OPERATION OF PUBLIC ACCESS PROGRAMMING (96-1-8/R-11)

BE IT RESOLVED by the Town Council of Chapel Hill that the Council authorizes the Manager to report to the Council in February regarding alternatives for the operation and management of public access programming, and to submit a draft report concerning this matter to the Cable Television Advisory Committee for comments and recommendations before making the report to the Council.

This the 8th day of January, 1996.

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT ORDINANCE 2. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

AN ORDINANCE EXTENDING THE CABLE TELEVISION FRANCHISE HELD BY TIME WARNER CABLE (96-1-8/O-2)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Council hereby extends the term of the cable television franchise held by Time Warner Entertainment/Advance-Newhouse, L.P., from January 31, 1996 to July 31, 1996 subject to acceptance of this franchise amendment by a duly authorized representative of the franchisee.

No other change in the franchise shall be deemed to occur with the extension of the term herewith, and the extension of the franchise term shall not be deemed to waive any rights of Time Warner Entertainment/Advance-Newhouse, L.P., for consideration of franchise renewal in accord with federal law.

This the 8th day of January, 1996. (First Reading)

Council Member Brown requested that the report on low-level radioactive waste be referred to the Manager for the development of a resolution to come back before the Council.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO REFER THE MATTER TO STAFF FOR DEVELOPMENT OF A COUNCIL RESOLUTION REGARDING LOW-LEVEL RADIOACTIVE WASTE.

Council Member Capowski expressed a desire to be involved in writing of the resolution.

THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADJOURN THE MEETING. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

There was no need for a closed session. The meeting concluded at 9:59 p.m.